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CC 2014-02-11_08.b. Approval of 01-28-14 CC MinutesACTION 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 Barneich, Council Member Tim Brown, Mayor Pro Tem 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 Heffernon, 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. Item 8.b. - Page 1 Minutes: City Council Meeting Page 2 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 Tem 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, Barneich, 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 Heffernon 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 Item 8.b. - Page 2 Minutes: City Council Meeting Page 3 Tuesday, January 28, 2014 the market are not being considered. Upon hearing no further comments, Mayor Ferrara closed the public hearing. Action: Mayor Pro Tem 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 Barneich 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 Barneich seconded the amendment, and the motion passed on the following roll call vote: AYES: Guthrie, Barneich, 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. Item 8.b. - Page 3 Minutes: City Council Meeting Page 4 Tuesday, January 28, 2014 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 Tem 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 LIVING/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, Barneich 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. Item 8.b. - Page 4 Minutes: City Council Meeting Page 5 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, Barneich, 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) California 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 Barneich requested the Council direct staff to draft a letter to the San Luis Obispo County Board of Supervisors concerning the fracking issue. The Council unanimously concurred. Item 8.b. - Page 5 Minutes: City Council Meeting Page 6 Tuesday, January 28, 2014 Mayor Ferrara announced that the Annual Chamber of Commerce Installation Dinner would be held on Thursday, January 30th, and the League of California Cities Channel Counties Division Dinner meeting would be held on Friday, January 31st 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 Ferrara, Mayor ATTEST: ________________________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ________________) Item 8.b. - Page 6