CC 2012-10-09_08.c. Approval of CC MinutesACTION MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 25,2012
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council Meeting to order at 6:05 p.m.
2. ROLL CALL
City Council: Council Member Caren Ray, Council Member Joe Costello, Council
Member Jim Guthrie, Mayor Pro Tem Tim Brown, and Mayor Tony
Ferrara were present.
City Staff Present: City Attorney Timothy Carmel, Director of Legislative and Information
ServicesICity Clerk Kelly Wetmore, Community Development Director
Teresa McClish, and Associate Planner Ryan Foster.
3. FLAG SALUTE
Members of Troop 413, Penguin Patrol, led the Flag Salute.
4. INVOCATION
Dr. Mayer-Harnisch, Bahai Faith, delivered the invocation.
5. AGENDA REVIEW
None.
5.b. Ordinances Read in Title Only.
Mayor Pro Tem Brown moved, Council Member Costello 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. Honorary Proclamation Declaring October 2012 as Rideshare Month.
Mayor Ferrara read and presented an Honorary Proclamation declaring October 2012 as
"Rideshare Month" to Mallory Jenkins, representing San Luis Regional Rideshare.
Bob Lund, Arroyo Grande In Bloom Chair (AGIB), spoke regarding Arroyo Grande In Bloom's
participation in the Annual National America In Bloom symposium and reported on the five
awards the City received, including the Circle of Champions Award. He then presented the
awards to the City for display.
Mayor Ferrara recognized the AGIB volunteers in attendance and commended them for their
volunteer work. He also invited members of the community to view the AGlB website and to
come out on Saturday mornings to volunteer.
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
There were no public comments received.
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Tuesday, September 25, 201 2
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8. 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 Mayor Pro Tem Brown seconded the motion to
approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of action. City
Attorney Carmel read the full title of the Ordinance in Item 8.d. The motion passed on the
following roll-call vote:
AYES: Guthrie, Brown, Costello, Ray, Ferrara
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period September 1, 2012
through September 15, 201 2.
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, 2012, as required by Government Code Section 53646(b).
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council Meeting of September 11,
2012, as submitted.
8.d. Consideration of Adoption of an Ordinance Amending Sections 16.04.070 and
16.44.050 of the Arroyo Grande Municipal Code Regarding Floodplain
Management; Location - Citywide.
Action: Adopted Ordinance No. 646 entitled: "AN ORDINANCE OF THE ClTY
COUNCIL OF THE ClTY OF ARROYO GRANDE AMENDING SECTIONS 16.04.070
AND 16.44.050 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING
FLOODPLAIN MANAGEMENT".
8.6. Consideration of Temporary Use Permit Case No. 12-022 Authorizing "Halloween
in the Village" on Wednesday, October 31, 2012 and Directing Staff to Implement
Related Safety Measures Including No Parking Zones, Street Closures and
Warning Devices.
Action: Adopted Resolution No. 4486 entitled: "A RESOLUTION OF THE ClTY
COUNCIL OF THE ClTY OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT CASE NO. 12-022 AUTHORIZING "HALLOWEEN IN THE VILLAGE" ON
WEDNESDAY, OCTOBER 31, 2012 AND DIRECTING STAFF TO IMPLEMENT
RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET
CLOSURES.
8.f. Consideration of Acceptance of the Greenwood Tract lmprovements Project, PW
2012-04.
Action: 1) Accepted the project improvements as constructed by Cal Portland
Construction, Inc in accordance with the plans and specifications for the Greenwood
Tract lmprovements 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.
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8.g. Consideration of an Award of Contract to R. Burke Corporation for Construction
of the East Grand Concrete Repair Project, PW 2012-08.
Action: 1) Awarded a contract for construction of the East Grand Concrete Repair
Project to R. Burke Corporation in the amount of $39,194; and 2) Authorized the city
Manager to approve change orders for 10% of the contract amount, $3,194, for
unanticipated costs during the construction phase of the project; 3) Appropriated
$16,000 from Local Sales Tax funds; and 4) Directed the City Clerk to file a Notice of
Exemption.
8.h. Consideration of Amendment No. 3 to the Agreement for Consultant Services with
GEI Consultants, Inc. and Amendment No. 2 to the Agreement for Consultant
Services with Water Systems Consulting Inc. to Conduct Quarterly Water
Sampling, Preparation of the Northern Cities Management Area 2012 Annual
Monitoring Report, and Associated Technical Support Services for the Northern
Cities Management Area Work Program.
Action: 1) Approved and authorized the Mayor to execute Amendment No. 2 to the
Agreement for Consultant Services with Water Systems Consulting, Inc.; and 2)
Approved and authorized the Mayor to execute Amendment No. 3 to the Agreement for
Consultant Services with GEI Consulting Inc..
8.i. Consideration of Approval of Land Lease Agreement With Verizon Wireless.
Action: Approved and authorized the Mayor to execute a Land Lease Agreement
between the City and GTE Mobilnet of Santa Barbara Limited Partnership, dba Verizon
Wireless for use of approximately eight hundred thirty-three square feet of property
located at 300 Reservoir Road.
9.a. Consideration of Conditional Use Permit 12-007; Location - Southwest Corner of
The Pike and South Elm Street; Applicant Peter Burtness and Annie Roberts
(Appeal of Planning Commission's Approval).
Associate Planner Foster presented the staff report and recommended that the Council: 1)
Adopt a Resolution denying the appeal and approving Conditional Use Permit 12-007; and 2)
Instruct the City Clerk to file a Notice of Determination.
Mayor Ferrara opened the public hearing.
Speaking from the public with concerns about the project were Teri Peterson, appellant, not
opposed to apartments in this location; however, opposed to density and footprint of buildings
as proposed, driveway locations as they relate to traffic and pedestrian safety at the busy
intersection, concerns about undergrounding of utilities, and lack of open space for children to
play; Larry Royal, Russ Court, expressed concern about sandy soil, poor drainage, and power
pole removal; Michael Van Belleghem, South Elm Street, commented on previously approved
projects; reviewed project history on the site, and expressed concern with and opposed the
commercial building as part of the project; Kim Greene, Paul Place, expressed concerns with
undergrounding of utilities, noise, the need for a drivable alley, drainage and percolation, and
parking; Ann McMullen, commented on drainage and percolation, need for removal of the
commercial building; driveway and traffic safety; density as it relates to bonus rooms, more on-
site parking, reduction of property values, and garage use for vehicles; Stacy Mitchell, Paul
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Place, commented the project does not fit into the neighborhood based on size, appearance or
intent of use and opposed the project as designed; Karen White, Village of Halcyon, requested
fencing along the Rutiz farm to protect the cemetery and no parking on the east side of Elm
Street; Rudi Lokkart spoke on behalf of the building industry and encouraged moving the project
forward and denying the appeal; Debi Dykzeul, South Elm Street, expressed concern about
density of the project and traffic impacts, additional parking on Elm Street, opposed the
commercial building, suggested more on-site parking site, concerns about undergrounding of
utilities, and concern about water sources;
Steve Puglisi, representing the applicantlowner, responded to concerns expressed by the
public, commented on changes made to the project, and responded to questions from Council.
Jeff Emrick, Garing Taylor & Associates, addressed drainage and grading.
Upon hearing no further comments, Mayor Ferrara closed the public hearing.
Mayor Ferrara called for a break at 8:21 p.m. The Council reconvened at 8:31 p.m.
Council discussion ensued regarding additional streetlights; water sources and service; the
proposed commercial building; parking; bonus rooms; legal findings for approving the project;
traffic; underground utilities; drainage; window location; and housing legislation and
requirements. Council asked questions of staff about removing the commercial building from
the project; clarifications about zoning and utility undergrounding; and recommended continuing
consideration of the project in order to address some of the concerns that had been discussed
and to meet with the applicant to explore alternatives.
Council Member Ray moved to continue the item to a date certain of October 9, 2012. Council
Member Guthrie seconded, and the motion passed on the following roll call vote:
AYES: Ray, Guthrie, Costello, Brown, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS
None.
a. Consideration of Introduction of an Ordinance Amending Section 9.26.010 of
Chapter 26 of Title 9 of the Arroyo Grande Municipal Code Defining Medical
Marijuana Dispensaries.
City Attorney Carmel presented the staff report and recommended that the Council introduce an
Ordinance amending Section 9.26.010 of Chapter 26 of Title 9 of the Arroyo Grande Municipal
Code defining medical marijuana dispensaries.
Mayor Ferrara opened the public comment period. There were no comments received, and the
public comment period was closed.
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Council Member Ray commented that she was not on the Council when the original ordinance
was adopted and expressed some concerns about the proposed amendment. Further Council
comments ensued in support of the proposed ordinance.
Action: Council Member Guthrie moved to introduce an Ordinance amending Section 9.26.010
of Chapter 26 of Title 9 of the Arroyo Grande Municipal Code defining medical marijuana
dispensaries. Mayor Pro Tem Brown seconded, and the motion passed on the following roll-call
vote:
AYES: Guthrie, Brown, Costello, Ferrara
NOES: Ray
ABSENT: None
12. ClTY 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 reported that his Alternates attended the following meetings and would
provide reports:
(1) San Luis Obispo Council of GovernmentsISan Luis Obispo Regional Transit
Authority (SLOCOGISLORTA).
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Economic Development Element Update Committee
(b) Mayor Pro Tem Brown:
(1) Integrated Waste Management Authority Board (IWMA)
(2) County Water Resources Advisory Committee (WRAC).
(c) Council Member Costello:
(1) Air Pollution Control District (APCD)
(2) Five Cities Fire Authority (FCFA)
(3) Other: San Luis Obispo Council of GovernmentsISan Luis Obispo Regional
Transit Authority (SLOCOGISLORTA).
(d) Council Member Guthrie:
(1 ) South County Area Transit (SCAT)
(2) Homeless Services Coordinating Council (HSOC)
(3) Economic Development Element Update Committee
(4) Other: South San Luis Obispo County Sanitation District (SSLOCSD)
(e) Council Member Ray:
(1) Economic Vitality Corporation (EVC)
(2) Zone 3 Water Advisory Board
(3) California Joint Powers Insurance Authority (C.IPIA)
(4) Tourism Committee
13. ClTY COUNCIL MEMBER ITEMS
None.
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14. CITY MANAGER ITEMS
None.
15. COUNCIL COMMUNICATIONS
Council Member Ray announced that Arroyo Grande is featured in the new issue of Sunset
Magazine.
Council Member Guthrie commented that Sunset Magazine is a sponsor of the SAVOR the
Central Coast food and wine festival.
Mayor Ferrara thanked the Village Improvement Association for working with Sunset Magazine.
He also announced the Harvest Festival is this weekend, the Council will be in the parade, and
Council Member Ray will be participating in the grape stomping event.
16. STAFF COMMUNICATIONS
City Manager Adams referred to the Annual League of California Cities Conference and
congratulated Mayor Ferrara on his appointment as 2nd Vice President to the League's
Executive Board.
17. COMMUNITY COMMENTS AND SUGGESTIONS
None.
18. ADJOURN TO CLOSED SESSION
The Council adjourned to closed session at 9:45 p.m.
19. CLOSED SESSION
a. PLlBLlC EMPLOYEE PERFORMANCE EVALUATION pursuant to
Government Code Section 54957:
Title: City Attorney
20. RECONVENE TO OPEN SESSION
City Attorney Carmel announced there was no reportable action from closed session.
21. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:58 p.m.
Tony Ferrara, Mayor
ATTEST:
Kelly Wetmore, City Clerk
(Approved at CC Mtg )
Item 8.c. - Page 6