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Minutes 2014-08-12ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 12, 2014 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council Meeting to order at 6:00 p.m. 2. ROLL CALL City Council: Council Member Kristen Barneich, Council Member Tim Brown, Council Member Joe Costello, Mayor Pro Tern Guthrie and Mayor Ferrara were present. City Staff Present: City Manager Steven Adams, Assistant City Attorney David Hirsch, Deputy City Clerk Kitty Norton, Chief of Police Steven Annibali, Director of Administrative Services Debbie Malicoat, Director of Community Development Teresa McClish, Building Official Johnathan Hurst, and Associate Planner Matt Downing. 3. FLAG SALUTE Margaret Schultz, representing the Exchange Club, led the Flag Salute. 4. INVOCATION Dr. Gunther Mayer - Harnisch, Bahai Faith, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Mayor Ferrara reported that on Tuesday, July 8, 2014, after meeting in Closed Session regarding the following items, the Council reconvened into open session and announced that no reportable action was taken: Public Employee Performance Evaluation pursuant to Government Code Section 54957: Title: City Attorney - Conference With Labor, Negotiator pursuant to Government Code Section 54957.6: Agency Designated Representative: City Manager Unrepresented Employee: City Attorney 5.b. Ordinances Read in Title Only. Council Member Brown moved, Council Member Costello seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 6. SPECIAL PRESENTATIONS None. Minutes: City Council Meeting Tuesday, August 12, 2014 Page 2 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Dale Hanson spoke concerning the use of the Council Member title outside of City business; Lucas Castellino spoke regarding his Eagle Scout project, which is a flag drop box that is open to the public for retired flags located at the American Legion Post 136 building at 417 Orchard Avenue. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. No comments were received. Council Member Barneich pulled Item 8.k., and Council Member Brown pulled item 8.j. Action: Council Member Barneich moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.0., with the exception of Items 8.k. and 8.j., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Barneich, Costello, Brown, Guthrie, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period July 1, 2014 through July 31, 2014. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of June 30, 2014, as required by Government Code Section 53646(b). 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of July 8, 2014, as submitted. 8.d. Consideration of Resolution Declaring Surplus Property. Action: Adopted Resolution No. 4615 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING CERTAIN PROPERTY AS SURPLUS AND AUTHORIZING ITS DISPOSAL AND /OR DONATION': 8.e. Consideration of Council Appointments to the Planning Commission and Architectural Review Committee. Action: 1) Approved the recommendation of Council Member Barneich to appoint Lan George to the Planning Commission; and 2) Approved the recommendation of Council Member Barneich to appoint Mary Hertel to the Architectural Review Committee, contingent upon the appointment of Lan George to the Planning Commission. 8.f. Consideration of Sale of Parcel 007 - 011 -052 on Old Ranch Road. Action: Approved the Vacant Land Purchase Agreement and Joint Escrow Instructions for sale of Parcel 007 - 011 -052 (Old Ranch Road Lot #1) for $289,000. 8.g. Consideration of Agreement for Legal Services. Action: Approved the revised Agreement for Legal Services with Carmel & Naccasha. 8.h. Consideration of Eliminating the Waiver of Utility Fees for the South County Historical Society. Action: 1) Approved eliminating the waiver of water and sewer costs for South County Historical Society facilities on City property and direct the City Manager to notify the South County Historical Society in writing; and 2) Approved funding for installation of water conservation irrigation retrofits on the properties. Minutes: City Council Meeting Tuesday, August 12, 2014 Page 3 81 Consideration of Temporary Use Permit 14 -012 Authorizing Closure of City Streets and Use of City Property for the 77th Annual Arroyo Grande Valley Harvest Festival, Friday and Saturday, September 26 -27, 2014. Action: Adopted Resolution No. 4616 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 14 -012, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 774h ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 26 -27, 2014' 8.1. Consideration of an Award of Contract to American Asphalt South, Inc. for Construction of the 2014 Street Resurfacing Project, PIN 2014 -04. Action: 1) Awarded a contract for the 2014 Street Resurfacing Project to American Asphalt South, Inc. in the amount of $286,104; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $28,610 for unanticipated costs during the construction phase of the project; and 3) Directed the City Clerk to file a Notice of Exemption. 8.m. Consideration of an Award of Contract to Crosno Construction, Inc. for the Reservoir No. 3 Exterior Recoating Project, PIN 2014 -13. Action: 1) Awarded a contract for the subject project to Crosno Construction, Inc. in the amount of $59,000; 2) Authorized the City Manager to approve change orders for 20% of the contract amount, $11,800 for unanticipated costs during the construction phase of the project; and 3) Directed the City Clerk to file a Notice of Exemption. 8.n. Consideration of an Award of Contract to V. Lopez Jr. & Sons General Engineering Contractors, Inc. for Construction of the Leanna Drive Creek Crossing Waterline Project, PIN 2013 -11 and an Amendment to Consultant Services Agreement with Cannon Corporation for Inspection and Monitoring. Action: 1) Awarded a contract for the subject project to V. Lopez Jr. & Sons General Engineering Contractors, Inc. in the amount of $165,578; 2) Authorized the City Manager to approve change orders for 20% of the contract amount $33,116 for unanticipated costs during the construction phase of the project; and 3) Approved a First Amendment to the Agreement for Consultant Services with Cannon Corporation to increase the "not to exceed" amount by $30,900 to perform inspection and environmental monitoring services during construction operations. 8.0. Consideration to Approve the Purchase of a Backup Pump and Motor for Sewer Lift Station No. 1. Action: Approved the purchase of a back up submersible pump /motor for Sewer Lift Station No. 1 in the amount of $30,000. ITEMS PULLED FROM THE CONSENT AGENDA 8.k. Consideration of Truck Parking Restrictions Along Bell Street, Faeh Avenue to Bennett Avenue and on Bennett Avenue, Bell Street to El Camino Real. Recommended Action: Adopt a Resolution creating a "No Truck Parking" zone on both sides of Bell Street from Faeh Avenue to Bennett Avenue and on Bennett Avenue from Bell Street to El Camino Real; and removal of parking restrictions on the south side of El Camino Real between Faeh Avenue and Bennett Avenue. Staff responded to questions by Council Member Barneich regarding parking. Minutes: City Council Meeting Page 4 Tuesday, August 12, 2014 Action: Council Member Barneich moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO TRUCK PARKING" ZONE ON CERTAIN AREAS OF BELL AND BENNETT STREETS ". Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: Barneich, Costello, Brown, Guthrie, Ferrara NOES: None ABSENT: None 8.j. Consideration of an Amendment to Consultant Services Agreement with Omni - Means for On -Call Engineering Consultant Services Related to Traffic and Circulation. Recommended Action: Approve Amendment No. 3 to the Agreement with Omni -Means for on -call traffic and circulation engineering consultant services. Staff responded to questions by Council Member Brown regarding the contract process. Action: Council Member Brown moved to approve Amendment No. 3 to the Agreement with Omni -Means for on -call traffic and circulation engineering consultant services. Council Member Barneich seconded, and the motion passed on the following roll call vote: AYES: Brown, Barneich, Costello, Guthrie, Ferrara NOES: None ABSENT: None - -- 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS Mayor Ferrara declared a conflict of interest due to ownership of real property near the project, stepped down from the dais and left the room. Mayor Pro Tem Guthrie took over as Presiding Officer. 10.a. Continued Consideration of Pre - Application No. 14 -002; General Plan Amendment, Specific Plan Amendment, Tentative Tract Map and Conditional Use Permit for Subdivision of Two (2) Commercial Parcels into Forty -Two (42) Residential Lots, One (1) Common Area Lot, and Two (2) Commercial Lots; Location: Southwest Corner of East Grand Avenue and South Courtland Street; Applicant: MFI Limited & NKT Commercial. Associate Planner Downing presented the staff report and recommended that the Council review the conceptual plans and provide comments to the applicant. Staff responded to questions from Council. Mayor Pro Tern Guthrie invited public comment. Speaking from the public were Debbie Rudd and Scott Martin of RRM Design Group; and Nick Tompkins, applicant for the project. Council Member Barneich suggested eliminating the second driveway; favored modern buildings for the commercial component; favored mid - century modern style for the residential Minutes: City Council Meeting Page 5 Tuesday, August 12, 2014 component; favored smaller residential units above the businesses; and commented she would favor affordable residential units. Discussion ensued regarding the center driveway in relation to the bus stop nearby. Council Member Costello commented on the pedestrian orientation within the project and favored the center driveway; favored the mixed -uses with residential units above both buildings; favored patio seating on Grand Avenue, and favored the proposed mid - century style. Council Member Brown expressed concern with the General Plan amendment and that the project is revenue neutral; however, he favored detached housing and the project overall. Mayor Pro Tern Guthrie provided favorable comments for the overall project; favored the front and side yards; favored the modern style architecture; supported elimination of the center driveway; and favored the interior patio. City Manager Adams provided a summary of staff's involvement with the project. No formal action was taken on this item. Mayor Pro Tem Guthrie called for a break at 7.52 p.m. The Council reconvened at 8 :04 p.m. Mayor Ferrara returned to the dais. 11. NEW BUSINESS 11.a. Consideration of a Resolution Upholding the Appeal of the Decision of the San Luis Obispo County Health Department, Thereby Approving the Pool Plans Submitted by Best Western Casa Grande Inn. Community Development Director McClish presented the staff report and recommended that the Council adopt a Resolution upholding an appeal of the decision of the San Luis Obispo County Health Department, thereby approving the swimming pool plans submitted by the Best Western Casa Grande Inn. Building Official Hurst explained the construction that had taken place and the his interpretation of the Building Code. Curt Batson, Director of Environmental Health representing the County Health Officer, explained reasons for the denial of the project. Ray Bunnell, owner of the Best Western Casa Grande Inn, stated that he would remove boulders on either side of the waterfall. Council questions of the appellant ensued. Mayor Ferrara invited public comment. Speaking from the public was Gail Lightfoot, stating that as a retired RN she felt that CPR could safely be administered. Building Official Hurst provided an interpretation of the relevant Code. Minutes: City Council Meeting Page 6 Tuesday, August 12, 2014 Council questions and comments ensued. Assistant City Attorney Hirsch suggested modifying the Resolution by adding language to the action clause as follows: "NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby upholds the appeal and approves the Best Western pool plans subiect to removal of the rocks on either side of the waterfall consistent with the appellant's testimony at the hearing." Action: Council Member Costello moved to adopt a Resolution entitled: "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE APPEAL OF THE DECISION OF THE SAN LUIS OBISPO COUNTY HEALTH DEPARTMENT, THEREBY APPROVING THE POOL PLANS SUBMITTED BY BEST WESTERN CASA GRANDE INN' as amended, to include the additional language regarding the removal of the rocks on either side of the waterfall consistent with the appellant's testimony at the hearing. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Costello, Brown, Ferrara NOES: Guthrie, Barneich ABSENT: None 11.b. Consideration of Alternatives to Address Complaints Regarding Late Evening Noise and Disruptions in the Village. Police Chief Annibali presented the staff report and recommended that the Council: 1) Direct staff to prepare an ordinance that prohibits outdoor amplified noise after 10:00 p.m. and amends nuisance abatement procedures to provide the Police Department increased authority to address complaints; and 2) Appropriate $2,500 for costs related to research and preparation of the ordinance. Staff responded to questions from Council. Mayor Ferrara invited public comment. Hearing none, Mayor Ferrara closed the public comment period. Action: Council Member Costello moved to: 1) Direct staff to prepare an ordinance that prohibits outdoor amplified noise after 10:00 p.m. and amends nuisance abatement procedures to provide the Police Department increased authority to address complaints; and 2) Appropriate $2,500 for costs related to research and preparation of the ordinance; and 3) Directed staff to work with Fire Authority and Building Division to enforce the building occupancy regulations. Council Member Barneich seconded, and the motion passed on the following roll call vote: AYES: Costello, Barneich, Brown, Guthrie, Ferrara NOES: None ABSENT: None 11.c. Consideration of an Ordinance Amending Section 3.08.020.E of the Arroyo Grande Municipal Code Regarding Bidding Thresholds Under the Uniform Public Construction Cost Accounting Act. Minutes: City Council Meeting Page 7 Tuesday, August 12, 2014 Community Development Director McClish presented the staff report and recommended that the Council introduce an ordinance amending Section 3.08.020.E of the Arroyo Grande Municipal Code regarding bidding thresholds under the Uniform Public Construction Cost Accounting Act. Mayor Ferrara invited public comment. Hearing none, Mayor Ferrara closed the public comment period. Action: Council Member Costello moved to introduce an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 3.08.020.E OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING BIDDING THRESHOLDS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT ". Council Member Barneich seconded, and the motion passed on the following roll call vote: AYES: Costello, Barneich, Brown, Guthrie, Ferrara NOES: None ABSENT: None 12. COUNCIL COMMUNICATIONS Council Member Brown requested that Housing Element and HCD (State Department of Housing and Community Development) requirements to meet housing quotas that have been developed be placed on a future agenda. City Manager Adams advised that the Draft Housing Element is tentatively scheduled to be discussed at the September 9th City Council meeting. Council Member Guthrie requested that staff investigate whether purple pipe for recycled water can be put in the roadways when they are cut into by Phillips 66 and possibly the Gas Company. City Manager Adams stated that staff has been looking into it and will bring potential costs to Council in the near future. Mayor Ferrara thanked the Arroyo Grande in Bloom volunteers for their work cleaning up the area around the monument sign on Valley Road and Los Berros Road. 13. STAFF COMMUNICATIONS City Manager updated the Council on the surplus water issue. 14. COMMUNITY COMMENTS AND SUGGESTIONS None. 15. ADJOURN TO CLOSED SESSION: Mayor Ferrara invited public comment on the closed session items. No public comments were received. At 9:29 p.m., Mayor Ferrara adjourned the open session and the Council proceeded to closed session. 16. CLOSED SESSION: a. Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Agency Designated Representative: Steven Adams, City Manager Represented Employees: Arroyo Grande Police Officers' Association Minutes: City Council Meeting Tuesday, August 92, 2094 17. RECONVENE TO OPEN SESSION Announcements, if any, will be made at the next scheduled meeting on August 26,.2014. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 1013 p.m. /'-z' Tony F r r , Mayor ATTEST: n Kitty Nort , Deputy City Clerk (Approved at CC Mtg - 2(0 -201 Page 8