Minutes 2014-01-28 ACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 28, 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 Bameich, Council Member Tim Brown, Mayor
Pro Tern Jim Guthrie and Mayor Tony Ferrara were present. Council
• Member Joe Costello was absent.
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, Director of Community
Development Teresa McClish, Director of Public Works Geoff English,
Associate Planner Kelly Heffemon, and Assistant Planner Matt Downing.
3. FLAG SALUTE
Members of Girl Scout Troop 41071 led the Flag Salute.
4. INVOCATION
Pastor Ron Dee, Harvest Church, delivered the invocation.
5. AGENDA REVIEW
5.a. Closed Session Announcements.
None.
5.b. Ordinances Read in Title Only.
Council Member Brown moved, Mayor Pro Tem 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
6.a. Introduction and Oath of Office— Police Officers Saylen Elming and Tyler Kinney.
Mayor Ferrara noted that this was an inadvertent error on the Agenda and that this special
presentation is scheduled for the February 11, 2014 meeting.
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Speaking from the public were Otis Page, Myrtle Street, referring to the Five Cities Fire
Authority's proposed property tax assessment and requesting that this item be placed on a City
Council agenda as a public hearing; and Arroyo Grande residents Kevin J. McCarthy, Piper
Adelman, and Tom Cyr, who expressed concerns about hydraulic fracturing, also known as
fracking, its potential harmful effects on individuals and the environment and requested the
Council send a letter to the County Board of Supervisors requesting adoption of a Countywide
prohibition on fracking.
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Tuesday, January 28, 2014
Council Member Joe Costello arrived to the meeting at 6:12 p.m. and took his place at the dais.
8. CONSENT AGENDA
Mayor Ferrara invited public comment on the Consent Agenda. No comments were received.
Action: Mayor Pro Tern Guthrie moved, and Council Member Brown seconded the motion to
approve Consent Agenda Items 8.a. through 8.e., with the recommended courses of action.
City Attorney Carmel read the full title of the Ordinance in Item 8.e. The motion passed on the
following roll-call vote:
AYES: Guthrie, Brown, Bameich, Costello, Ferrara
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period January 1, 2014 through
January 15, 2014.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the reports listing the current investment deposits of the City,
as of November 30, 2013 and December 31, 2013, as required by Government Code
Section53646(b).
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of January 14, 2014,
as submitted.
8.d. Consideration of Agreement with City of Grover Beach for Temporary Dispatch of
Emergency Fire Calls.
Action: Approved an Agreement with the City of Grover Beach for temporary dispatch of
emergency fire calls.
8.e. Consideration of Adoption of an Ordinance Prohibiting Dogs at Soto Sports
Complex.
Action: Adopted Ordinance No. 658 entitled: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE PROHIBITING DOGS AT THE SOTO
SPORTS COMPLEX'.
9. PUBLIC HEARINGS
9.a. Continued Consideration of Conditional Use Permit Case No. 13-003; Farmers'
Market in the Village; Location: Olohan Alley; Applicant: Arroyo Grande Village
Improvement Association; Representative: Bob Lund.
Associate Planner Heffemon presented the staff report and recommended that the Council
adopt a Resolution approving Conditional Use Permit Case No. 13-003.
Mayor Ferrara opened the public hearing. Speaking from the public were Peter Jankay, SLO
Farmer's Market Association, in support of the Conditional Use Permit; Verena Myer, Village
Improvement Association (VIA), in support of the Conditional Use Permit; and April McLaughlin,
Arroyo Grande, who expressed concerns about the number of non-certified vendors, lack of
signage identifying where vendors and products are from, insurance requirements, rental of
space from the City; off season products as it relates to space; and that alternative locations for
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Tuesday, January 28, 2014
the market are not being considered. Upon hearing no further comments, Mayor Ferrara closed
the public hearing.
Action: Mayor Pro Tern Guthrie moved to adopt a Resolution entitled "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT NO. 13-003, APPLIED FOR BY THE ARROYO GRANDE VILLAGE IMPROVEMENT
ASSOCIATION, LOCATED IN THE OLOHAN ALLEY PARKING AREA BETWEEN SHORT
STREET AND SOUTH MASON STREET", as amended to include the following modifications to
the conditions of approval:
- Add new condition: °When filling a vacancy in the certified farmers' portion of the market
for a specified type of produce, farmers from San Luis Obispo and Santa Barbara
counties will have priority over those from other areas as long as they are able to meet
the San Luis Obispo County Farmers' Market Association requirements for volume,
quality, variety and participation.°;
- Amend Condition No. 9: °Non farmer vendors and their products shall be restricted to
those from San Luis Obispo and Santa Barbara Counties.°;
- Add a new condition: °In the event that all non farmer vendor spaces cannot be filled by
local vendors that sell locally made products, the spaces will be open to local vendors
that sell other products. Local is defined as those from within San Luis Obispo or Santa
Barbara counties";
- Add a new condition: °Each farmer is required to identify which County their products are
grown in."
Council Member Bameich seconded the motion.
Following additional questions and brief discussion, Mayor Pro Tem Guthrie amended his
motion to include directing staff to take a look back in one year at how the vendor mix has
worked out for the Farmer's Market and provide a follow up memo to the Council. Council
Member Bameich seconded the amendment, and the motion passed on the following roll call
vote:
AYES: Guthrie, Bameich, Brown, Costello, Ferrara
NOES: None
ABSENT: None
Mayor Ferrara called for a break at 7:45 p.m. The Council reconvened at 7:51 p.m.
9.b. Consideration of Conditional Use Permit Case 12-002, Variance 12-004, and
Amended Vesting Tentative Tract Map Case No. 12-001 (T2713); Location: 880 Oak
Park Boulevard; Applicant: Russ Sheppel.
Assistant Planner Downing presented the staff report and stated the Planning Commission
recommended that the City Council adopt a Resolution adopting a mitigated Negative
Declaration and approving Conditional Use Permit Case No. 12-002, Variance Case No. 12-
004, and Amended Vesting Tentative Tract Map Case No. 12-001 for the construction of an
approximately 55,000 square-foot, 69 bed assisted living/memory care facility and eight (8)
townhomes. Staff responded to questions from Council about parking, drainage, and emergency
access.
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Mayor Ferrara opened the public hearing.
Speaking from the public was Russ Sheppel, applicant; Steve Grigor, project architect, and
John Belsher, attorney for the applicant, in support of the project; Fred Glick, attorney for Ray
Bunnell, and Ray Bunnell, owner of Casa Grande Inn, in opposition to the project as it relates to
existing private access and parking easements; Kevin Kennedy, Kennedy Club Fitness, favored
development on the site, however, expressed concerns about the size of the building, the eight
townhomes proposed, and addressed issues relating to parking; Kathy Tamura, representing
Pismo Medical Properties, expressed concerns about parking and ingress/egress to the site and
suggested a traffic study; and John Belsher and Russ Sheppel, who provided closing comments
with regard to the project and the traffic circulation design. Hearing no further comments, Mayor
Ferrara closed the public hearing.
Council comments ensued regarding the proposed project and the existing parking issues.
Council Member Costello stated he could not support the project due to concerns about the
parking, the high density, the facility being too big, that the townhomes in the center of the
project are not compatible with the existing uses, the unresolved easement issues, and
expressed concern about traffic circulation through the site.
Action: Mayor Pro Tern Guthrie 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 CASE NO. 12-
002, VARIANCE CASE NO. 12-004, AND AMENDED VESTING TENTATIVE TRACT MAP
CASE NO. 12-001 FOR THE CONSTRUCTION OF AN APPROXIMATELY 55,000 SQUARE-
FOOT, 69-BED ASSISTED LMNG/MEMORY CARE FACILITY AND EIGHT (8)
TOWNHOMES; LOCATED AT 880 OAK PARK BOULEVARD (SOUTHEAST CORNER OF
OAK PARK BOULEVARD/JAMES WAY INTERSECTION); APPLIED FOR BY RUSS
SHEPPEL", as amended to include the revised parking and vicinity site plan presented at the
meeting. Mayor Ferrara seconded, and the motion passed on the following roll-call vote:
AYES: Guthrie, Ferrara, Brown, Bameich
NOES: Costello
ABSENT: None
Mayor Ferrara called for a break at 10:07 p.m. The Council reconvened at 10:12 p.m.
9.c. Consideration of Staff Project 13-007; Resolution Amending the Design Guidelines
and Standards for Design Overlay District(D-2.11) -Traffic Way and Station Way.
Assistant Planner Downing presented the staff report and recommended the Council adopt a
Resolution amending the Design Guidelines and Standards for Design Overlay District (D-2.11)
-Traffic Way and Station Way.
Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public
hearing.
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Tuesday, January 28, 2014
Action: Council Member Costello moved to adopt a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE DESIGN
GUIDELINES AND STANDARDS FOR DESIGN OVERLAY DISTRICT(D-2.11)— TRAFFIC WAY
AND STATION WAY (STAFF PROJECT 13-007); CITYWIDE". Council Member Brown
seconded, and the motion passed on the following roll-call vote:
AYES: Costello, Brown, Bameich, Guthrie, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
None.
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)
(b) MAYOR PRO TEM GUTHRIE:
(1) South County Area Transit (SCAT)
(2) Economic Vitality Corporation (EVC)
(3) Califomia Joint Powers Insurance Authority (CJPIA)
(4) Attended the SSLOCSD meeting as 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
Council Member Bameich requested the Council direct staff to draft a letter to the San Luis
Obispo County Board of Supervisors conceming the fracking issue. The Council unanimously
concurred.
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Tuesday, January 28, 2014
Mayor Ferrara announced that the Annual Chamber of Commerce Installation Dinner would be
held on Thursday, January 30'", and the League of California Cities Channel Counties Division
Dinner meeting would be held on Friday, January 3181 in Pismo Beach.
14. STAFF COMMUNICATIONS
City Manager Adams reported that water conservation regulation have been in place; however,
the City will soon begin enforcing water conservation regulations in the City.
15. COMMUNITY COMMENTS AND SUGGESTIONS
None.
16. CLOSED SESSION
None.
17. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:31 p.m.
Tony Fe yor
ATTEST:
Kelly W- i or, ity CIerk '
(Approved at CC Mtg Z -2014 )