CC 2014-11-25 _08.f. Approval of 09-23-14 CC MinutesACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY
TO THE DISSOLVED ARROYO GRANDE REDEVELOPMENT AGENCY
TUESDAY, SEPTEMBER 23, 2014
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council/Successor Agency to the Dissolved Arroyo Grande
Redevelopment Agency 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 Tem Jim Guthrie, and Mayor Ferrara
were present.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Legislative and Information Services/City Clerk Kelly Wetmore, Public
Works Director Geoff English, Director of Administrative Services Debbie
Malicoat, Associate Planner Kelly Heffernon, and Director of Community
Development Teresa McClish.
3. FLAG SALUTE
John Murphy, representing the Rotary Club of Pismo Beach/5 Cities, led the Flag Salute.
4. INVOCATION
Pastor Erik Swanson, Berean Bible Church, delivered the invocation.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
On Tuesday, September 9, 2014, after meeting in Closed Session regarding the following items,
the Council reconvened into open session and City Attorney Carmel announced that no
reportable action was taken:
- Conference with Labor Negotiator pursuant to Government Code Section
54957.6:
Agency Designated Representative: Shelline Bennett
Represented Employees: Arroyo Grande Police Officers' Association
- Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Manager
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Council Member Barneich 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.
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6. SPECIAL PRESENTATIONS
6.a. Presentation from San Luis Obispo Regional Transit Authority Regarding
Runabout Fares.
Tania Arnold, Regional Transit Authority Director, provided an overview of the Runabout Transit
Program and provided a presentation on a proposed fare increase due to increased ridership
and the need to continue complying with ADA regulations; efforts to seek public input and
provide public education; and upcoming public workshops.
7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS
Speaking from the public were Shawn Cosgrove, President of the Arroyo Grande Police Officers
Association (AGPOA), thanked the public on behalf of the Association for their support, reading
a prepared statement that the POA would not participate in the process for selecting an
independent investigator, requesting that the selection process, all communications, and the
investigation be made public, and responding to statements previously made by the City
Council; Jeremy Burns, AGPOA, reading a prepared statement responding to the Mayor’s
statement issued last weekend; Shane Day, AGPOA, reading a prepared statement regarding
the initial investigation and the reasons behind the issuance of the letter of no confidence;
Michael Martinez, AGPOA Vice President, reading a prepared statement expressing concerns
about the Mayor’s statement, and the Association’s and public’s expectation that a thorough,
complete and formal investigation would be conducted that would include all evidence; Vince
Johnson, AGPOA, reading a prepared statement regarding personnel policy violations; Michael
Smiley, AGPOA, reading a prepared statement regarding dishonesty as it relates to employee
conduct; Otis Page, Myrtle Street, recommended the Council request the District Attorney select
an outside independent investigator, and expressed concerns about closed sessions and the
lack of public transparency in this matter; Vanessa Andrews, Arroyo Grande resident,
expressed concerns regarding the initial investigation of the July 3rd incident; Aaron Henkle,
suggested that travel expenses for City officials should be posted on the City’s website, spoke
of his support of the Police Department, and requested resignations from the City Council if
anything is found to be true; Patty Welsh, Arroyo Grande, expressed concerns about the
investigation, suggested that the City Manager and City Attorney recuse themselves from the
process, and allow the District Attorney’s Office to handle it; Michael Andrews, Arroyo Grande,
regarding his love for the Village and disappointment about City Hall; LeAnn Akins, Arroyo
Grande, regarding malfeasance, her support of an independent investigation, and her lack of
confidence in the City Council, the City Manager’s Office, and the City Attorney’s Office;
Beatrice Spencer, Arroyo Grande, thanked the Council for reversing its decision and agreeing to
have an independent investigation, expressed support for the AGPOA, and expressed concerns
about the lack of action regarding violations to personnel regulations; Heather Jensen, Arroyo
Grande, commended the POA’s stance in bringing the issue forward, expressed concern about
having two Council Members select an outside investigator, and suggested requesting the
District Attorney’s Office or someone independent of the City make the selection; Bob Lund,
Arroyo Grande, announced that the 77th Annual Harvest Festival will be held on September 26th
and 27th and thanked those involved in the planning of the event; Colleen Martin, Arroyo
Grande, referred to her dad, Mike Titus, who loved and was proud of Arroyo Grande, and stated
her concerns regarding the Council’s past decisions, and urged the Council to move forward
tonight by doing the right thing with the best interests of the City involved; Julie Tacker, referred
to the City Manager’s performance evaluation and stated that the City Manager should have
been placed on Administrative Leave, expressed concerns with the process and noted that the
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Council must not have had all the facts, and that an investigation should include the facts after
the incident; Cynthia Alarcio, Arroyo Grande, expressed her concerns with the lack of
confidence the citizens have towards the City Council, and questioned the conduct of the City
Manager as set forth in the personnel regulations; April McLaughlin, Arroyo Grande, expressed
concerns regarding the July 3rd incident; and Lindy Owen, Los Osos, expressed concerns about
the City Manager, concern about the Mayor’s role with the Sanitation District, and urged the
Council to have an independent investigation.
Mayor Ferrara asked Shawn Cosgrove for clarification regarding the participation of the AGPOA
in the selection of the independent investigator. Shawn Cosgrove stated the POA would not
participate, and that they have the utmost confidence in the Council to pick the right investigator
and see it through.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. No public comments were
received.
Council Members Brown and Barneich requested Item 8.c. be pulled.
Action: Council Member Brown moved, and Council Member Barneich seconded the motion to
approve Consent Agenda Items 8.a. through 8.j., with the exception of Item 8.c., with the
recommended courses of action. The motion passed on the following roll-call vote:
AYES: Brown, Barneich, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period September 1, 2014
through September 15, 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 August 31, 2014, as required by Government Code Section 53646(b).
8.d. Consideration of Community Service Grant Process.
Action: Approved the proposed Community Service Grant process and directed staff to
proceed.
8.e. Consideration of an Award of Contract to Ferravanti Grading & Paving for
Construction of the Larchmont Drive Rehabilitation Project, PW 2014-12.
Action: 1) Awarded a contract for the Larchmont Drive Rehabilitation Project to
Ferravanti Grading & Paving in the amount of $174,810; 2) Authorized the City Manager
to approve change orders for 20% of the contract amount, $34,962, for unanticipated
costs during the construction phase of the project; 3) Allocated an additional $93,000
from the Pavement Management Program Budget into the project budget; and 4)
Directed the City Clerk to file a Notice of Exemption.
8.f. Consideration of Acceptance of the Old Ranch Road Property Improvements
Project PW 2013-10.
Action: 1) Accepted the project improvements as constructed by Souza Construction,
Inc. in accordance with the plans and specifications for the subject project; 2) Directed
the City Clerk to file a Notice of Completion; 3) Appropriated an additional $3,500 from
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the General Fund to the project budget; and 4) Authorized release of the retention 35
days after the Notice of Completion has been recorded, if no liens have been filed.
8.g. Consideration of Acceptance of 2014 Sewer Lining Project, PW 2014-07.
Action: 1) Accepted the project improvements as constructed by Sancon Engineering,
Inc. in accordance with the plans and specifications for the subject project; 2) Directed
the City Clerk to file a Notice of Completion; and 3) Authorized release of the retention
35 days after the Notice of Completion has been recorded, if no liens have been filed.
8.h. Consideration of a Resolution of the Successor Agency to the Dissolved
Redevelopment Agency of the City of Arroyo Grande Transferring Real Property to
the Successor Agency’s Community Redevelopment Property Trust Fund
Pursuant to Health and Safety Code Section 34191.4(a).
[COUNCIL/SUCCESSOR AGENCY]
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE SUCCESSOR
AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF
ARROYO GRANDE TRANSFERRING REAL PROPERTY TO THE SUCCESSOR
AGENCY’S COMMUNITY REDEVELOPMENT PROPERTY TRUST FUND PURSUANT
TO HEALTH AND SAFETY CODE SECTION 34191.4(a)”.
8.i. Consideration of Appraisal of Pearwood Hills Property.
[COUNCIL/HOUSING SUCCESSOR AGENCY]
Action: 1) Authorized the City Manager to contract for an updated appraisal of the
Pearwood Hills property; and 2) Appropriated $3,400 from the Affordable Housing In-
Lieu Fee Fund.
8.j. Consideration of a Resolution Approving a Memorandum of Understanding with
the Arroyo Grande Police Officers’ Association.
Action: Adopted a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE ADOPTING A MEMORANDUM OF
UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE ARROYO GRANDE
POLICE OFFICERS’ ASSOCIATION AND REPEALING RESOLUTION NO. 4541”.
ITEMS PULLED FROM THE CONSENT AGENDA
8.c. Consideration of Participation in a Recycled Water Facilities Planning Study and
Grant Application for a Satellite Water Resource Recovery Facility for the South
San Luis Obispo County Sanitation District.
Recommended Action: 1) Approve participation in the preparation of a grant
application and Recycled Water Facilities Planning Study (Study) for a potential Satellite
Water Resources Recovery Facility (SWRRF) for the South San Luis County Sanitation
District (SSLOCSD); and 2) Appropriate $40,877 from the Water Fund for the City’s
portion of the study and matching costs.
City Manager Adams provided a summary of the staff report and responded to questions by
Council.
Action: Council Member Brown moved to: 1) Approve participation in the preparation of a grant
application and Recycled Water Facilities Planning Study (Study) for a potential Satellite Water
Resources Recovery Facility (SWRRF) for the South San Luis Obispo County Sanitation District
(SSLOCSD); and 2) Appropriate $40,877 from the Water Fund for the City’s portion of the study
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and matching costs. 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
9.a. Consideration of an Ordinance Amending Municipal Code Section 9.04.020;
Amended Conditional Use Permit No. 14-001 and Amended Conditional Use
Permit No. 14-002; Locations: 1400-1488 East Grand Avenue (Parking Lot in Front
of Smart & Final) and Olohan Alley; Applicants – San Luis Obispo County
Farmers’ Market Association and the Village Improvement Association.
Associate Planner Heffernon presented the staff report and recommended that the City Council:
1) Introduce an Ordinance to amend Municipal Code Section 9.04.020 regarding alcoholic
beverages; and 2) Adopt a Resolution approving Amended Conditional Use Permit No. 14-001
and Amended Conditional Use Permit No. 14-002 to allow wine tasting at local Farmers’
Markets. Staff responded to questions by Council.
Peter Jankey, Administrator of San Luis Obispo Farmers Market Association, responded to
questions by Council regarding insurance requirements, advertising, and clarified that there
would be one winery per Farmers’ Market.
Mayor Ferrara opened the public hearing. Speaking from the public was Manetta Bennett, Allen
Street, in opposition to wine tasting at the Farmers’ Market; and Shirley Gibson, asking about
the dimensions of the wine tasting area, and that if it would replace an existing booth, she would
be opposed to the wine tasting. Mr. Jankey responded to public comments noting the
dimensions of the space for wine tasting; that wine makers are also farmers; that this proposal
would not affect other existing booths currently provided for the Farmers’ Markets; and that
charging for wine tasting should be up to the winery. Upon hearing no further comments, Mayor
Ferrara closed the public hearing.
Council comments ensued in support of the proposal. In response to comments regarding
insurance, liability, and charging for wine tasting, the following amendments to the conditions of
approval were recommended: Amend Condition No. 4, as follows: “The licensee shall not pour
more than three ounces (3 oz.) of wine per person per day and shall not charge for instructional
tastings.”, and Adding Condition No. 7, as follows: “The applicant shall provide a commercial
general liability insurance policy in the amount of $2 million per occurrence with a rider that
specifically includes coverage for alcoholic beverage tasting and sale, in a form satisfactory to
the City Attorney. The City shall be named as additional insured under said policy.”
Action: Council Member Costello moved to introduce an Ordinance entitled: “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING
TITLE 9 SECTION 9.04.020 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING
WINE TASTING AT CERTIFIED FARMERS’ MARKETS”. Council Member Barneich
seconded, and the motion passed on the following roll call vote:
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AYES: Costello, Barneich, Brown, Guthrie, Ferrara
NOES: None
ABSENT: None
Action: Council Member Costello moved to adopt a Resolution entitled: “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED
CONDITIONAL USE PERMIT NO. 14-001 AND AMENDED CONDITIONAL USE PERMIT NO.
14-002, APPLIED FOR BY THE SAN LUIS OBISPO COUNTY FARMERS’ MARKET
ASSOCIATION AND THE ARROYO GRANDE VILLAGE IMPROVEMENT ASSOCIATION FOR
PROPERTIES LOCATED AT 1400-1488 EAST GRAND AVENUE (PARKING LOT IN FRONT
OF SMART & FINAL) AND IN THE OLOHAN ALLEY PARKING AREA BETWEEN SHORT
STREET AND SOUTH MASON STREET” as amended to add Condition No. 7 to read “The
applicant shall provide a commercial general liability insurance policy in the amount of $2 million
per occurrence with a rider that specifically includes coverage for alcoholic beverage tasting and
sale, in a form satisfactory to the City Attorney. The City shall be named as additional insured
under said policy.”, and to remove the wording “..and shall not charge for instructional tastings.”
from Condition No. 4. Mayor Pro Tem Guthrie seconded, and the motion passed on the
following roll call vote:
AYES: Costello, Guthrie, Brown, Barneich, Ferrara
NOES: None
ABSENT: None
Mayor Ferrara called for a break at 7:45 p.m. The Council reconvened at 7:50 p.m.
9.b. Consideration of Review and Comment on the Draft Housing Element Update;
General Plan Amendment No. 14-002.
Associate Planner Heffernon presented the staff report and recommended that the City Council
review and receive public comment on the Draft Housing Element Update for the 2014-2019
Regional Housing Needs Assessment Cycle. Staff responded to questions by Council.
Mayor Ferrara opened the public hearing. Speaking from the public was LeAnn Akins, Arroyo
Grande, asking who and what defines the term adequate as it relates to providing an adequate
number of housing units; clarification regarding the purpose of the Housing Element; and
commented on the need to provide affordable housing in the community. Upon hearing no
further comments, Mayor Ferrara closed the public hearing.
Council comments ensued on the draft Housing Element. There were no changes made to the
document and no formal action was taken on this item.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
None.
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12. CITY COUNCIL REPORTS:
The Mayor and Council Members provided brief reports from the following committee,
commission, board, or other subcommittee meetings that they have attended as the City’s
appointed representative.
(a) Mayor Ferrara:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Other
(b) Mayor Pro Tem Guthrie:
(1) South County Area Transit (SCAT)
(2) Economic Vitality Corporation (EVC)
(3) California Joint Powers Insurance Authority (CJPIA)
(4) South San Luis Obispo County Sanitation District (Alternate)
(c) Council Member Costello:
(1) Air Pollution Control District (APCD)
(2) Five Cities Fire Authority (FCFA)
(d) Council Member Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC)
(e) Council Member Barneich:
(1) Zone 3 Water Advisory Board
(2) Homeless Services Coordinating Council (HSOC)
(3) Tourism Committee
13. COUNCIL COMMUNICATIONS
Mayor Ferrara invited the public to attend the upcoming Empty Soup Bowl event at St. Patrick’s
Church benefitting the Five Cities Homeless Coalition.
14. STAFF COMMUNICATIONS
City Manager Adams encouraged the public to attend the Harvest Festival this weekend.
15. COMMUNITY COMMENTS AND SUGGESTIONS
None.
16. CLOSED SESSION:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 8:50 p.m.
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_______________________________
Tony Ferrara, Mayor
ATTEST:
_______________________________
Kelly Wetmore, City Clerk
(Approved at CC Mtg ___________)
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