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CC 2013-06-25_08.d. Approval of Minutes 06-11-13ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUNE 11, 2013 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 Jim Guthrie, Council Member Caren Ray, Council Member Tim Brown, Mayor Pro Tem Costello, and Mayor Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Director of Legislative and Information Services/City Clerk Kelly Wetmore, Director of Administrative Services Debbie Malicoat, Accounting Supervisor Ryan Cornell, Director of Community Development Teresa McClish, and Assistant Planner Aileen Nygaard. 3. FLAG SALUTE Chief Mike Hubert, Five Cities Fire Authority, led the Flag Salute. 4. INVOCATION Dr. Paul Jones delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements. Mayor Ferrara reported that on Tuesday, May 28, 2013, after meeting in Closed Session regarding the following item, the Council reconvened into open session and announced that no reportable action was taken: - 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 5.b. Ordinances Read in Title Only. Council Member Guthrie moved, Council Member Brown 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. 7. CITIZENS’ INPUT, COMMENTS, AND SUGGESTIONS Melissa Peters, representing the County of San Luis Obispo Tobacco Control Program, provided a report on the results of recent compliance checks on retail businesses in Arroyo Grande. Abraham, Intern with the County’s Tobacco Control Program, also spoke about the Tobacco Control Program. Item 8.d. - Page 1 Minutes: City Council Page 2 Tuesday, June 11, 2013 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public regarding Item 8.g. was Kelly Sutherland, Jeanette Watson, and Collin Wigglesworth, requesting it be pulled until more information is known about participating in the feasibility study, particularly with regard to cost; and Eric Veium, representing SLO Clean Energy, who provided additional background information and offered to answer any questions. Mayor Ferrara pulled Item 8.g. for discussion. Action: Council Member Guthrie moved, and Council Member Brown seconded the motion to approve Consent Agenda Items 8.a. through 8.i., with the exception of Item 8.g., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Guthrie, Brown, Ray, Costello, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period May 16, 2013 through May 31, 2013. 8.b. Consideration of Fiscal Year 2013-14 Appropriation Limit. Action: Adopted Resolution No. 4521 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A TAX PROCEEDS EXPENDITURE APPROPRIATION LIMIT FOR FISCAL YEAR 2013-14”. 8.c. Consideration of Confirmation of Assessments for Tracts 1158, 1769, 2310, and 2236. Action: 1) Adopted Resolution No. 4522 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING A LANDSCAPING ASSESSMENT FOR TRACT 1158”; 2) Adopted Resolution No. 4523 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING A LANDSCAPING AND LIGHTING ASSESSMENT FOR TRACT 1769”; 3) Adopted Resolution No. 4524 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE ASSESSMENTS FOR THE PARKSIDE VILLAGE ASSESSMENT DISTRICT (TRACT 2310)”; and 4) Adopted Resolution No. 4525 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE ASSESSMENTS FOR THE GRACE LANE ASSESSMENT DISTRICT (TRACT 2236)”. 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of May 28, 2013, as submitted. 8.e. Consideration of Public Input Process For the Bridge Street Bridge Project. Action: Approved the recommended process regarding public input for the Bridge Street Bridge project. 8.f. Consideration of Request from Planning Commissioner Keen for Consecutive Absences from Planning Commission Meetings. Action: Consented to three consecutive absences by Planning Commissioner Keen. Item 8.d. - Page 2 Minutes: City Council Page 3 Tuesday, June 11, 2013 8.h. Consideration of Temporary Use Permit 13-010 to Authorize the Use of City Property and the Closure of City Streets for the 24th Annual Arroyo Valley Car Club Sunset Cruise on July 26, 2013 and the Car Show on July 27, 2013. Action: Adopted Resolution No. 4526 entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 13-010; AUTHORIZING THE USE OF CITY PROPERTY AND THE CLOSURE OF CITY STREETS FOR THE 24TH ANNUAL ARROYO VALLEY CAR CLUB SUNSET CRUISE ON JULY 26, 2013 AND CAR SHOW ON JULY 27, 2013”. 8.i. Consideration of an Award of Contract to Brough Construction, Inc. for Construction of the Fair Oaks Waterline and Street Improvement Project, PW- 2013-06. Action: 1) Awarded a contract for the Fair Oaks Waterline and Street Improvement Project to Brough Construction, Inc. in the amount of $285,653; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $28,565, for unanticipated costs during the construction phase of the project; 3) Authorized the transfer of $26,125 from the Water Fund to the project account to cover additional project expenses; and 4) Found that the subject project is categorically exempt from CEQA pursuant to Section 15301(c); and 5) Directed the City Clerk to file a Notice of Exemption. ITEMS PULLED FROM THE CONSENT AGENDA 8.g. Consideration of City Participation in the Community Choice Aggregation Feasibility Study. Recommended Action: Adopt a Resolution confirming the City’s participation in the Community Choice Aggregation (CCA) feasibility study. Council and staff discussion ensued regarding funding for the proposed feasibility study and the City’s role in the process. Following discussion, Council directed staff to schedule this item as a public hearing on a future agenda. No formal action was taken on this item. 9. PUBLIC HEARINGS 9.a. Consideration of Development Code Amendment 13-002; Location – Citywide; Applicant City of Arroyo Grande; Introduction of an Ordinance Amending Sections 16.04.070 and 16.44.050 of the City of Arroyo Grande Municipal Code Regarding Floodplain Management. Community Development Director McClish presented the staff report and recommended that the Council introduce an Ordinance amending Sections 16.04.070 and 16.44.050 of the City of Arroyo Grande Municipal Code regarding floodplain management. Mayor Ferrara opened the public hearing. Hearing no comments, the public hearing was closed. Item 8.d. - Page 3 Minutes: City Council Page 4 Tuesday, June 11, 2013 Action: Council Member Guthrie moved to introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTIONS 16.04.070 AND 16.44.050 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING FLOODPLAIN MANAGEMENT”. Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Brown, Ray, Costello, Ferrara NOES: None ABSENT: None 9.b. Consideration of Amended Conditional Use Permit No. 13-002; Location – 300 Reservoir Road; Applicant – AT&T Mobility. Associate Planner Heffernon presented the staff report and recommended that the Council adopt a Resolution approving Amended Conditional Use Permit No. 13-002 to update the telecommunication equipment located within an existing 800 square foot lease area located at 300 Reservoir Road. Mayor Ferrara opened the public hearing. Hearing no comments, the public hearing was closed. Ac tion: Council Member Brown moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT 13-002, APPLIED FOR BY AT&T WIRELESS, LOCATED AT 300 RESERVOIR ROAD”. Council Member Ray seconded, and the motion passed on the following roll-call vote: AYES: Brown, Ray, Guthrie, Costello, Ferrara NOES: None ABSENT: None 9.c. Consideration of Conditional Use Permit 12-010, Development Code Amendment 13-001 and Planned Sign Program 13-001; Location – 1205 East Grand Avenue (Arroyo Grande Shopping Center); Applicant – Grand and Elm Properties, LP. Assistant Planner Nygaard presented the staff report and recommended that the Council: 1) Introduce an Ordinance approving Development Code Amendment 13-001 allowing drive- through retail within shopping centers in the Gateway Mixed-Use zoning district subject to Conditional Use Permit approval; and 2) Adopt a Resolution approving Conditional Use Permit 12-010 and Planned Sign Program 13-001. Mayor Ferrara opened the public hearing. Speaking from the public in support of the project were: Jennifer Daw, representing Grand & Elm Partners, John Belsher, representing Bob Dias of Bob’s Car Wash; Del Clegg, representing Cookie Crock, and Ty Green, representing the applicant. Hearing no further comments, Mayor Ferrara closed the public hearing. Item 8.d. - Page 4 Minutes: City Council Page 5 Tuesday, June 11, 2013 Action: Council Member Ray moved to introduce an Ordinance entitled: “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TABLE 16.36.030(A) IN SECTION 16.36.030 OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE ”. Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call vote: AYES: Ray, Costello, Brown, Guthrie, Ferrara NOES: None ABSENT: None Action: Council Member Ray moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT 12-010 AND PLANNED SIGN PROGRAM 13-001; LOCATED AT 1205 EAST GRAND AVENUE (SOUTHWEST CORNER OF EAST GRAND AVENUE/SOUTH ELM INTERSECTION; APPLIED FOR BY GRAND AND ELM PROPERTIES, LP”, with the following modifications: 1) amend Mitigation Measure XVI-1 to read as follows: Documentation must be provided that demonstrates the operation of the car wash has been modified to prohibit cars from queuing on East Grand Avenue or queuing shall be provided on the car wash site to the satisfaction of the Community Development Director; 2) Add condition of approval as follows: Within one year, the applicant will provide a technical memorandum to the Community Development Director regarding the safety of left turns onto East Grand Avenue from the main entrance of the shopping center.; 3) Add condition of approval as follows: Applicant shall consult with the Arroyo Grande in Bloom Public Art Committee on the design of the fountain area; 4) Amend Condition No. 93 to read as follows: A lot merger or lot line adjustment eliminating non-conforming lots shall be required to be submitted by the developer and recorded at the County Recorder’s Office. Council Member Brown seconded, and the motion passed on the following roll-call vote: AYES: Ray, Brown, Guthrie, Costello, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS None. Mayor Ferrara called for a break at 7:55 p.m. The Council reconvened at 8:00 p.m. 11. NEW BUSINESS 11.a. Consideration of Fiscal Year 2013-14 / Fiscal Year 2014-15 Biennial Budget. Administrative Services Director Malicoat presented the staff report and recommended that the Council adopt a Resolution approving the FY 2013-14 Budget. Mayor Ferrara invited public comment on the proposed Budget. No public comment was received. Item 8.d. - Page 5 Minutes: City Council Page 6 Tuesday, June 11, 2013 Action: Mayor Pro Tem Costello moved to adopt a Resolution entitled: “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING FISCAL YEAR 2013- 14 OF THE FISCAL YEAR 2013-14 & 2014-15 BIENNIAL BUDGET AND MAKING APPROPRIATIONS FOR THE AMOUNT BUDGETED”. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Costello, Guthrie, Ray, Brown, Ferrara NOES: None ABSENT: None 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Brown stated he had recently experienced a flood in his backyard and expressed appreciation for the garbage company, South County Sanitary, who alerted him of the flood. Mayor Pro Tem Costello announced he would not be present at the next Council meeting. Council Member Ray mentioned that she may not be present at the July 9th Council meeting. She also commented on the opening of Pier I Imports and stated she had attended the ribbon cutting ceremony. Mayor Ferrara announced that the Arroyo Grande In Bloom judges would be in town on July 9th. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS Scott Miller, recently relocated from Dallas, Texas to Arroyo Grande, commented favorably about the City Council and expressed his appreciation of the City. 17. CLOSED SESSION None. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 8:20 p.m. Item 8.d. - Page 6 Minutes: City Council Page 7 Tuesday, June 11, 2013 _____________________________________ Tony Ferrara, Mayor ATTEST: ____________________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ______________) Item 8.d. - Page 7 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.d. - Page 8