Minutes 2013-06-11 ACTION 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.
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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.
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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 24'"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 16.4.4.050 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.
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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 Heffemon 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.
Action: 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.
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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 Tern 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 tums 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.
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Tuesday, June 11, 2013
Action: Mayor Pro Tern 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 8 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 9t 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 9"'.
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.
( Minutes: City Council Page 7
Tuesday, June 11, 2013
Tony Fe , ayor
ATTEST:
Kelly W o , City Clerk
(Approved at CC Mtg G - Z5-Zen 3 )