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CC 2013-01-08_08.e. Approval of CC MinutesACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 11, 2012 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 6:02 p.m. 2. ROLL CALL City Council: City Staff Present: 3. FLAG SALUTE Council Member Tim Brown, Council Member Jim Guthrie, Mayor Pro Tern Joe Costello, and Mayor Tony Ferrara were present. Council Member Caren Ray was absent. City Manager Steven Adams, City Attorney Tim Carmel, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Chief of Police Steven Annibali, Fire Chief Joel Aranaz, Director of Maintenance Services Geoff English, Director of Recreation Services John Rogers, Director of Community Development Teresa McClish, and Assistant City Engineer Mike Linn. Members of El Camino 4-H Group led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Mayor Ferrara announced that on Tuesday, November 27, 2012, after meeting in Closed Session regarding: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8: Property: APN 007-611-016 Agency Negotiator: Timothy J. Carmel, City Attorney Negotiating Party: Southern California Gas Company Under Negotiation: Potential terms of lease Conference with Labor Negotiator pursuant to Government Code Section 54957.6: Agency Negotiators: Deborah Glasser Kolly, Steven Adams Represented Employees: Arroyo Grande Police Officers' Association the City Council reconvened into open session and announced there were no reportable actions taken. 5.b. Ordinances Read in Title Only. Council Member Brown moved, Council Member Guthrie 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. Item 8.e. - Page 1 Minutes: Regular City Council Meeting Tuesday, December 11, 2012 Page 2 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS David Broadwater, representing Center for Sludge Information (CSI) in Atascadero, spoke about unsatisfactory sewage sludge storage at the South San Luis Obispo County Sanitaiton District (SLOCSD); Brad Snook, Chair of the Surfrider Foundation, spoke about issues relating to the SSLOCSD. B. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. There were no comments received and the public comment period was closed. Action: Council Member Guthrie moved, and Council Member Brown seconded the motion to approve Consent Agenda Items B.a. through 8.i., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: NOES: Guthrie, Brown, Costello, Ferrara None ABSENT: Ray B.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period November 16, 2012 through November 30, 2012. B.b. Consideration of a Resolution Adopting an Amendment to the Full Flex Cafeteria Plan Section 125. Action: Adopted Resolution No. 4498 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING AN AMENDMENT TO THE FULL FLEX CAFETERIA PLAN SECTION 125 TO UPDATE THE CAFETERIA PLAN RATES FOR 2013". B.c. Consideration of Resolution Accepting the Status Report on Development Impact Fees (AB-1600). Action: Adopted Resolution No. 4499 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING THE STATUS REPORT ON DEVELOPMENT IMPACT FEES (AB-1600)". B.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of November 27, 2012, and the Special City Council Meeting of December 3, 2012, as submitted. B.e. Consideration of Council Appointment to Historical Resources Committee. Action: Approved the recommendation of Mayor Pro Tern Joe Costello to appoint Steve Loomis to the Historical Resources Committee. B.f. Consideration of City Charter Committee Formation Process. Action: 1) Directed staff to proceed with formation of the City Charter Committee; and 2) Delayed the commencement of Committee meetings until the League of California Cities distributes the city charter "tool kit". B.g. Consideration of Change of Department Name from Maintenance Services Department to Public Works Department. Action: Adopted Resolution No. 4500 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CHANGING THE NAME OF THE MAINTENANCE SERVICES DEPARTMENT TO THE PUBLIC WORKS DEPARTMENT". Item 8.e. - Page 2 Minutes: Regular City Council Meeting Tuesday, December 11, 2012 Page3 8.h. Consideration of an Amendment to Consultant Services Agreement with Point C, LLC. Action: Authorized the City Manager to execute a sixth amendment extending the consultant services agreement with Point C, LLC (formerly The Planning Company & Associates) for an additional six month period for assistance in obtaining Caltrans approval for a proposal to address deficiencies at the Brisco Road/Halcyon Road- Highway 101 Interchange. 8.i. Consideration of Acceptance of the 2012 Street Resurfacing Project, PW 2012-05. Action: 1) Accepted the project improvements as constructed by American Asphalt South, Inc. in accordance with the plans and specifications for the 2012 Street Resurfacing Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 9. PUBLIC HEARINGS 9.a. Continued Public Hearing -Consideration of Development Code Amendment 12- 002, Conditional Use Permit 12-001 and Lot Merger 12-001; Location-279 and 295 Alder Street; Applicant-Todd Tose (Alder House); Representative-Kyle Harris. Associate Planner Heffernan presented the staff report and recommended that the Council: 1) Introduce an Ordinance amending the Zoning Map to designate property located at 279 Alder Street as Multiple Family Very High Density Residential (MFVH); and 2) Adopt a Resolution approving Conditional Use Permit 12-001 and Lot Merger 12-001 to expand and remodel the existing Alder House assisted living facility. Staff responded to questions from Council regarding in-lieu fees for undergrounding utilities. Todd Tose, applicant, provided a history of previous proposals to expand the facility; commented on issues relating to parking and underground utilities, and requested the Council consider accepting an in-lieu fee instead of underground utilities because of the high cost of undergrounding. Kyle Harris, architect representing the applicant, responded to questions regarding the cost estimates for undergrounding the utilities. Mayor Ferrara opened the public hearing. There were no comments received, and the public hearing was closed. Action: Council Member Guthrie moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ZONING MAP TO DESIGNATE THE SUBJECT PROPERTY AS MULTIPLE FAMILY VERY HIGH DENSITY RESIDENTIAL (MFVH); DEVELOPMENT COEE AMENDMENT 12- 002, APPLIED FOR BY THE CITY OF ARROYO GRANDE FOR PROPERTY LOCATED AT 279 ALDER STREET". Mayor Pro Tern Costello seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Guthrie, Costello, Brown, Ferrara None Ray Item 8.e. - Page 3 Minutes: Regular City Council Meeting Tuesday, December 11, 2012 Page4 Action: Council Member Guthrie moved adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT 12-001 AND LOT MERGER 12-001 FOR PROPERTY LOCATED AT 279 AND 296 ALDER STREET, APPLIED FOR BY TODD TOSE (ALDER HOUSE)". Mayor ProTem Costello seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Guthrie, Costello, Brown, Ferrara None Ray 10. CONTINUED BUSINESS 10.a. Adoption of an Urgency Ordinance Authorizing an Amendment to the Contract Between the City of Arroyo Grande and the Board of Administration of the California Public Employees' Retirement System (PERS) for the Local Miscellaneous Members. Administrative Services ~11:ector Kraetsch presented the staff report and recommended that the Council adopt an urgenc '0~inance authorizing an amendment to the contract between the City of Arroyo Grande and /e Board of Administration of the California Public Employees' Retirement System for local miscellaneous members. Mayor Ferrara opened the public comment period. There were no comments received, and the public comment period was closed. Action: Council Member Brown moved to adopt an urgency Ordinance entitled "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ARROYO GRANDE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR LOCAL MISCELLANEOUS MEMBERS". Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Brown, Guthrie, Costello, Ferrara None Ray Mayor Ferrara requested Item 11.b. be moved up on the Agenda in order to wait for Council Member Ray to arrive to participate in Item 11.a. 11. NEW BUSINESS 11.b. Consideration of a Resolution Adopting the 2013 Update of the Multi- Jurisdictional Hazard Mitigation Plan. Council Member Ray arrived to the meeting at 7:10p.m. Item 8.e. - Page 4 Minutes: Regular City Council Meeting Tuesday, December 11, 2012 Page 5 Chief Aranaz presented the staff report and recommended that the Council adopt a Resolution adopting the 2013 Update of the Multi-Jurisdictional Hazard Mitigation Plan. Mayor Ferrara opened the public comment period. Speaking from the public was Aaron Newman, Tally Ho Road. There were no further comments received, and the public comment period was closed. Action: Council Member Ray moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE 2013 UPDATE OF THE MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN". Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Ray, Costello, Guthrie, Brown, Ferrara None None 11.a. Consideration of Adoption of the Five-Year Radar Speed Survey for Selected City Streets. Chief Annibali and Assistant City Engineer Mike Linn presented the staff report and recommended that the Council: 1) Adopt a Resolution certifying the five-year radar speed survey for selected City streets identified in the 2012 Citywide Engineering and Traffic Study Report; and 2) Approve Grace Lane traffic calming measures. Staff responded to questions from Council. Mayor Ferrara opened the public comment period. Speaking from the public expressing concerns about the proposed speed limits for Tally Ho and Grace Lane were Joni Fuget, Tally Ho Road; Steve Ross, Garden Street; Shannon Kessler, Tally Ho Road; Aaron Newman, Tally Ho Road; Romi Craig, Tally Ho Road; Katie Murlow, Grace Lane; Carrie Peshman; and Ryan Ripley, Tally Ho Road. There were no further comments received, and the public comment period was closed. Action: Council Member Ray moved to: 1) adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTIFYING THE FIVE-YEAR RADAR SPEED SURVEY FOR SELECTED CITY STREETS" subject to proofreading of the Resolution to verify the correct speed limits are established; that a new speed survey be conducted within three to six months after the striping is implemented and when school is in session; that a review of the full width of Tally Ho Road be conducted; that "Entering Residential Neighborhood" signs be installed at both ends of Tally Ho Road; that the existing solar speed signs on Tally Ho Road be relocated to a more effective location; and 2) to approve the Grace Lane traffic calming measures. Mayor ProTem Costello seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Ray, Costello, Guthrie, Brown, Ferrara None None Item 8.e. - Page 5 Minutes: Regular City Council Meeting Tuesday, December 11, 2012 Page 6 11.c. Consideration of Appointment of Council Members to Regional and Local Boards, Commissions, Committees and Subcommittees. City Manager Adams presented the staff report and recommended that the Council make new appointments to those regional and local boards, commissions, and committees with Council representation, and authorize the City Clerk to update FPPC Form 806 (Agency Report of Public Official Appointments) for posting on the City website. The following appointments to regional boards, commissions, and committees were discussed, assigned, and/or reaffirmed: AGENCY South County Area Transit (SCAT) Staff Representative: City Manager Council of Governments/ Regional Transit Authority (SLOCOG/RTA) Staff Representative: Community Development Director City Selection Committee (Mayors) Staff Representative: Not Applicable South San Luis Obispo County Sanitation District (SSLOCSD) Staff Representative: Not Applicable Integrated Waste Management Authority Board (IWMA) Staff Representative: Community Development Director Zone 3 Water Advisory Board Staff Representative: Community Development Director County Water Resources Advisory Committee (WRAC) Staff Representative: Community Development Director Economic Vitality Corporation (EVC) Staff Representative: City Manager/ Associate Planner Air Pollution Control District Board (APCD) Staff Representative: Not Applicable PRIMARY ALTERNATE Jim Guthrie Tim Brown Tony Ferrara Joe Costello Tony Ferrara Joe Costello Tony Ferrara Jim Guthrie Tim Brown Jim Guthrie Caren Ray Joe Costello Tim Brown Jim Guthrie Caren Ray Jim Guthrie Joe Costello Tim Brown Item 8.e. - Page 6 Minutes: Regular City Council Meeting Tuesday, December 11, 2012 AGENCY Community Action Partnership Staff Representative: Recreation and Services Director California Joint Powers Insurance Authority (CJPIA) Staff Representative: City Manager/ Human Resources Manager Five Cities Fire Authority Staff Representative: City Manager Audit Committee Staff Representative: Administrative Services Director Homeless Services Coordinating Council Staff Representative: City Manager Brisco/Halcyon Interchange Subcommittee Staff Representative: Community Development Director Tourism Committee Staff Representative: Associate Planner/ Recreation Services Director Recreation Center Subcommittee Staff Representative: City Manager/ Recreation Services Director Recreation Center Subcommittee Staff Representative: City Manager/ Recreation Services Director PRIMARY Jim Guthrie Caren Ray Joe Costello Jim Guthrie Jim Guthrie Tony Ferrara Joe Costello Caren Ray Tony Ferrara Tony Ferrara Page 7 ALTERNATE Caren Ray Staff Representative Tony Ferrara Joe Costello Tim Brown N/A Jim Guthrie Caren Ray Caren Ray Action: Council Member Ray moved to make appointments to those regional and local boards, commissions, and committees with Council representation, and authorize the City Clerk to update FPPC Form 806 for posting on the City website. Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Ray, Costello, Guthrie, Brown, Ferrara None None 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. Item 8.e. - Page 7 Minutes: Regular City Council Meeting Tuesday, December 11, 2012 14. COUNCIL COMMUNICATIONS Page 8 Council Member Brown requested that a review of the current underground utlility in-lieu fee be conducted. Council Member Ray thanked the citizens and businesses of Arroyo Grande for a very successful Elegant Village event. Mayor Ferrara commented on the favorable South San Luis Obispo County Sanitation District USEPA compliance evaluation inspection and report. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS Steve Ross, Garden Street, commented on clay sewage holding ponds and basins. 17. ADJOURN TO CLOSED SESSION The Council adjourned to closed session at 9:20 p.m. 18. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION pursuant to Government Code Section 54956.9(a): Name of Case: Kimberely Martin v. Arroyo Grande Police Department, et al Superior Court of California, County of San Luis Obispo Case No. CV 1 00538 19. RECONVENE TO OPEN SESSION City Attorney Carmel announced there was no reportable action from the closed session. 20. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:02 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg _____ _ Item 8.e. - Page 8