Minutes 2015-10-08 SP ACTION MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
THURSDAY, OCTOBER 8, 2015
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Hill called the Special City Council Meeting to order at 6:00 p.m.
2. ROLL CALL
Council Members Barbara Harmon, Tim Brown, Jim Guthrie, Mayor Pro Tern Kristen Barneich,
and Mayor Jim Hill were present.
City Manager Dianne Thompson, City Attorney Heather Whitham, Community Development
Director Teresa McClish, Associate Planner Matt Downing, Public Works Director Geoff English,
and Deputy City Clerk Kitty Norton were also present.
3. MOMENT OF REFLECTION
4. FLAG SALUTE
Chief Lieberman, representing Five Cities Fire Authority, led the flag salute.
5. AGENDA REVIEW:
5.a. 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. PUBLIC COMMENT
None.
7. CONSENT AGENDA
Mayor Hill invited public comment on the Consent Agenda items. Hearing no comments, Mayor
Hill closed the public comment period.
Action: Council Member Harmon moved, and Mayor Pro Tern Barneich seconded the motion to
approve Consent Agenda Item 7.a., with the recommended course of action. The motion
passed on the following roll-call vote:
AYES: Harmon, Barneich, Guthrie, Brown, Hill
NOES: None
ABSENT: None
7.a. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular Meeting of September 8, 2015 with the
corrections indicated in the Supplemental Memorandum.
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October 8, 2015
Page 2
8. PUBLIC HEARINGS
8.a. Consideration of General Plan Amendment 14-002; Specific Plan Amendment 14-
001, Conditional Use Permit 14-009, Vesting Tentative Tract Map 14-001,
Development Agreement 15-002, and Draft Mitigated Negative Declaration;
Subdivision of Two (2) Commercial Parcels into Thirty-Eight (38) Residential Lots,
One (1) Common Area Lot, and Three (3) Commercial Lots; Location: Southwest
Corner of East Grand Avenue and South Courtland Street; Applicant: NKT
Commercial; Representative— RRM Design Group.
Community Development Director McClish introduced the item and Associate Planner Downing
presented the staff report and stated that the Planning Commission recommended that the
' Council adopt a Resolution denying General Plan Amendment 14-002; Specific Plan
Amendment 14-001, Vesting Tentative Tract Map 14-001, Conditional Use Permit 14-009, and
Development Agreement 15-002.
Alternative Action: Other action as deemed appropriate including, but not limited to, adoption of
a Resolution adopting a Draft Mitigated Negative Declaration, approving General Plan
Amendment 14-002, Specific Plan Amendment 14-001, Vesting Tentative Tract Map 14-001,
Conditional Use Permit 14-009 and introducing an Ordinance approving Development
Agreement 15-002.
Council questions ensued regarding future commercial projects resulting in similar residential
components; parking, process as it relates to not following Planning Commission's
recommendation; mixed use above commercial; single family versus mixed use; and affordable
versus attainable housing.
Debbie Rudd, RRM Design Group, gave a summary of the project and the process and
responded to questions from Council regarding parking.
Mayor Hill opened the public hearing. Speaking from the public were: Heather Jensen, Arroyo
Grande, in support of the project; Greg Steinberger, Arroyo Grande, spoke regarding strength of
character; Linda Drummy, spoke regarding a petition and opposed the project; John Lovern,
Arroyo Grande, expressed concern regarding parking and trust of government officials; Terry
Berkley, Arroyo Grande, presented a letter to Council regarding project concerns; Patty Welsh,
Arroyo Grande, read a letter from Beatrice Spencer opposing the project; Mike Byrd, Arroyo
Grande, spoke in support of the project and commented on affordable housing and how it
relates to the General Plan; Bill Hales, local business owner, spoke in support of the project and
regarding the applicant's dedication to the community; April McLaughlin, Arroyo Grande,
opposed the project and spoke about transparency as it relates to Planning Commission
minutes; John Mack; Arroyo Grande, requested information regarding the MOU between the
applicant and the City, referred to a letter and drawings and made suggestions regarding the
size and design of the project; Julie Tacker spoke regarding an error in a courtesy notice,
transparency of the project, and requested the project be sent back to the Planning
Commission; Jeremy Freund, Arroyo Grande, expressed concern regarding the truck delivery
route as it relates to safety of children; Colleen Martin, Arroyo Grande, urged the Council to
have confidence in the Planning Commission and for staff to slow down to avoid errors; Caren
Ray, Arroyo Grande, commended staff, the applicant, and the Council, and urged the
Minutes of City Council Special Meeting
October 8, 2015
Page 3
community to respect the City's processes; Ken Dalebout; Arroyo Grande Community Hospital
Chief Administrator, spoke for promotion of housing; Mike McAustin, Arroyo Grande, spoke in
support of the City Council, of the project and of the applicant; Ashley Acres, Arroyo Grande,
spoke in support of housing for young families and in support of the project; Mike O'Morrow,
Arroyo Grande, spoke in support of the project and of the applicant's willingness to make
changes, as needed; Frank Schiro, Arroyo Grande, spoke in support of the project, the applicant
and staff. Hearing no further public comments, Mayor Hill closed the public hearing.
City Attorney Whitham clarified that a new hearing was taking place and that Council should
provide the public with their full thoughts on the project.
Council comments ensued regarding the proposed project, including acknowledgement of the
work of the Planning Commission; the City's processes; self-correcting issues involving parking;
the history of Berry Gardens as it relates to the development of East Grand Avenue commercial;
change in the times and utilization of smaller shops and restaurants; that vertical and horizontal
mixed use projects are allowed; that more residential would generate less traffic; not a desirable
site for larger commercial stores which prefer freeway locations; that smaller residential housing
is needed and is considered affordable/attainable by design; support for a quality development;
that the City is mandated by the State to provide different types of housing; that the developer
needed an MOU and it was voted on unanimously by Council during a public meeting. Concerns
were expressed regarding parking in the future; and that the term mixed use should be
eliminated. Support expressed for the commercial component of the project and its location;
support for landscape easements; concern about potential of developers not wanting to do
business in Arroyo Grande; importance of commercial business; concern about City employees
not being able to afford to live in Arroyo Grande; support for the applicant, Mr. Tompkins, and
his concern for the community.
Action: Mayor Pro Tern Barneich moved to approve a Resolution entitled: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING GENERAL PLAN AMENDMENT 14-002,
SPECIFIC PLAN AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, AND VESTING
TENTATIVE TRACT MAP 14-001; LOCATED AT THE SOUTHWEST CORNER OF EAST
GRAND AVENUE AND SOUTH COURTLAND STREET; APPLIED FOR BY NKT
COMMERCIAL", with the addition that Condition of Approval No. 39 be expanded to include all
frontage improvements in exchange for the elimination of Conditions of Approval 40 through 43.
Council Member Guthrie seconded the motion and asked for clarification.
There was brief discussion-clarifying the motion.
Mayor Pro Tern Barneich amended the motion to include that approval is based upon the
revised site plan called EX 1, dated September 4, 2015, presented at the September 8, 2015
City Council meeting, with the 36 units, and the 4 vertical units being removed from the
commercial.
City Attorney Whitham clarified that the documents and the attachments would be modified to
reflect the revised project including removal of the 4 units, and the Specific Plan will be modified
to delete the reference to the residential above the commercial.
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October 8, 2015
Page 4
Council Member Guthrie seconded the amended motion, and the motion passed on the
following roll-call vote:
AYES: Barneich, Guthrie, Harmon
NOES: Brown, Hill
ABSENT: None
City Attorney Whitham read the full title of the Ordinance in Item 8.a.
Action: Council Member Guthrie moved to introduce an Ordinance entitled: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING
DEVELOPMENT AGREEMENT 15-002 FOR DEVELOPMENT OF PROPERTY LOCATED AT
THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND COURTLAND STREET", with
the attached exhibits modified to reflect the revised project description. Mayor Pro Tern
Barneich seconded, and the motion passed on the following roll-call vote:
AYES: Guthrie, Barneich, Harmon, Hill
NOES: Brown
ABSENT: None
Mayor Hill called for a break at 8:15 p.m. The Council reconvened at 8:25 p.m.
9. OLD BUSINESS:
9.a. Consideration of Amendment to Consultant Services Agreement with Water
Systems Consulting Inc. for Technical Support Services for the Northern Cities
Management Area Work Program.
Community Development Director McClish presented the staff report and recommended that
the Council receive and file additional information regarding the previous approval and
authorization of Amendment No. 7 to the Agreement for Consultant Services with Water
Systems Consulting, Inc.
In response to comments by Council Member Brown, City Attorney Whitham confirmed that a
vote would be appropriate for this item.
Council comments and questions ensued, and Public Works Director English provided further
information.
Mayor Hill invited public comment. Speaking from the public were: Julie Tacker, expressed
concern with Oceano Community Services District (OCSD) not paying; and Patty Welsh, Arroyo
Grande, expressed concern that OCSD is being subsidized by the other cities. Hearing no
further public comment, Mayor Hill closed the public hearing.
Council comments ensued regarding review of the contract next year and concerns regarding
abandoning the contract at this time.
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October 8, 2015
Page ,5
Action: Council Member Guthrie moved to reaffirm the approval of the Water Systems
Consulting, Inc. contract and directed staff to explore a request for proposals with neighboring
cities for next year. Mayor Pro Tern Barneich seconded, and the motion passed on the
following roll-call vote:
AYES: Guthrie, Barneich, Harmon, Hill
NOES: Brown
ABSENT: None
Council Member Guthrie requested, with Council consensus, that the City Manager bring back
options on how to deal with the issues regarding OCSD.
10. ADJOURNMENT
Mayor Hill adjourned the meeting at 8:54 p.m.
f
J Hill, Mayor
TEST:
Kitty N on, Deputy City Clerk
(Approved at CC Mtg to-077-0b/S)