Minutes 2008-05-13MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 13, 2008
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Mayor Tony Ferrara, Mayor Pro Tem Chuck Fellows, Council Members Joe
Costello, Jim Guthrie, and Ed Arnold were present.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Financial
Services Angela Kraetsch, Director of Public Works Don Spagnolo, Chief of
Police Steve Annibali, Director of Community Development Rob Strong, and
Associate Planner Teresa McClish.
3. FLAG SALUTE
Members of AGPD Explorers led the Flag Salute.
4. INVOCATION
Pastor Robert Underwood, First United Methodist Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Honorary Proclamation Recognizing National Public Works Week.
Mayor Ferrara presented an Honorary Proclamation declaring the week of May 18-24, 2008 as
"National Public Works Week". Director of Public Works/City Engineer Spagnolo accepted the
Proclamation on behalf of the City.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Costello moved, Council Member Arnold seconded, and the motion passed
unanimously that all ordinances presented at the meeting shall be read in title only and all further
reading be waived.
`i
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
None.
8. CONSENT AGENDA
Mayor Ferrara invited members of the public who wished to comment on any Consent Agenda Item
to do so at this time. There were no public comments received.
Mayor Ferrara pulled Item 8.d. for a separate roll-call vote.
Action: Mayor Pro Tem Fellows moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.h., with the exception of Item 8.d., with the
recommended courses of action. The motion passed on the following roll-call vote:
Minutes: City Council Meeting Page 2
Tuesday, May 13, 2008
AYES: Fellows, Guthrie, Costello, Arnold, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period April 16, 2008 through April
30, 2008.
8.b. Consideration of a Resolution to Implement Internal Revenue Code Section 414(h)(2),
for Employee Contributions to the California Public Employees' Retirement System.
Action: Adopted Resolution No. 4079 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE IMPLEMENTING THE PROVISIONS OF
INTERNAL REVENUE CODE SECTION 414(H)(2), FOR EMPLOYEE CONTRIBUTIONS
TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS)".
8.c. Consideration of Appointment to Parking Advisory Committee.
Action: Approved appointment of Greg Steinberger to the Downtown Parking Advisory
Board.
8.e. Consideration to Accept the Poplar Basin Drainage Improvement Project, PW 2007-08.
Action: 1) Accepted the improvements as constructed by King Concrete and Construction,
Inc. in the amount of $17,562.50; 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.
8.f. Consideration to Adopt a Resolution Accepting Easements and Improvements for
Tract 2616, Ocean Oaks, Constructed by Camino Mercado Partners, LP, Located at
579 Camino Mercado.
Action: Adopted Resolution No. 4081 as follows: "A Resolution of the City Council of
the City Of Arroyo Grande Accepting Easements and Improvements for Tract 2616,
Ocean Oaks, Located at 579 Camino Mercado, Constructed by Camino Mercado
Partners, LP'
8.g. Consideration of Adoption of an Ordinance Amending Chapters 16.04 and 16.16 of
Title 16 of the Arroyo Grande Municipal Code Regarding the Historic Resource
Designation Process (Development Code Amendment 07-004).
Action: Adopted Ordinance No. 598 as follows: "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTERS 16.04 AND
16.16 OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE
HISTORIC RESOURCE DESIGNATION PROCESS'
8.h. Consideration to Authorize an Award of Bid for Purchase of Police/Fire
Communications Radio Consoles.
Action: Authorized the award of bid to purchase radio consoles for the Police/Fire
Communications Center to Watson Dispatch of Poulsbo, Washington in the amount of
$21,827.
8.d. Consideration of Adoption of a Resolution Upholding in Part and Denying in Part an
Appeal Regarding the Extension of a "No Parking" Zone on Hillcrest Drive.
Recommended Action: Adopt a Resolution upholding in part and denying in part an
appeal regarding the extension of a "No Parking" zone on Hillcrest Drive."
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Tuesday, May 13, 2008
Action: Council Member Arnold moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Item 8.d., with the recommended course of action. The motion passed on
the following roll-call vote:
AYES: Arnold, Guthrie, Fellows
NOES: Costello, Ferrara
ABSENT: None
9. PUBLIC HEARINGS
9.a. Consideration of an Ordinance Adding Chapter 9.26 to Title 9 of the Arroyo Grande
Municipal Code Prohibiting the Establishment of Medical Marijuana Dispensaries.
Police Chief Annibali recommended the Council introduce an Ordinance adding Chapter 9.26 to
Title 9 of the Arroyo Grande Municipal Code prohibiting the establishment of Medical Marijuana
Dispensaries.
Mayor Ferrara explained he had requested this issue be brought back for consideration due to
recent actions by the League of California Cities (LOCC), specifically the Public Safety Policy
Committee and LOCC Board. He spoke of recent legislation concerning the issue of medical
marijuana and associated dispensaries, the ancillary issues that have developed in other
jurisdictions as a result of the establishment of medical marijuana dispensaries, and stated the
proposed Ordinance would clarify the issue. Council comments ensued in support of the proposed
Ordinance, specifically until issues are resolved at the Federal level and there is consistency
between State and Federal law.
Mayor Ferrara opened the public hearing, and upon receiving no comments, he closed the public
hearing.
Action: Mayor Pro Tem Fellows moved to introduce an Ordinance as follows: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADDING CHAPTER 9.26 TO
TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE PROHIBITING THE ESTABLISHMENT
OF MEDICAL MARIJUANA DISPENSARIES': Council Member Guthrie seconded, and the motion
passed on the following roll call vote:
AYES: Fellows, Guthrie, Costello, Arnold, Ferrara
NOES: None
ABSENT: None
9.b. Consideration of Development Code Amendment 08-001; A Proposed Ordinance to
Amend Parking Regulations in the Vicinity of the Village, Allow Clustering of Lots in
Lower Density Residential Neighborhoods, and to Provide Additional "Clean-Up"
Amendments for Consistency with State Law Requirements.
Associate Planner McClish presented the staff report and recommended the Council introduce an
Ordinance amending Arroyo Grande Municipal Code Chapter 16.56 (Parking and Loading
Requirements) including parking standards for Barber Shops and Beauty Salons within the Village
Core and Village Mixed Use Zoning Districts; amending Chapter 16.32 (Residential Districts)
Minutes: City Council Meeting Page 4
Tuesday, May 73, 2008
regarding the clustering of lots in lower density residential neighborhoods; and amending Chapters
16.04 (Definitions) and 16.20 (Subdivisions) for consistency with State Law. Staff responded to
questions from Council regarding the proposed parking standards for the Village Core and Village
Mixed Use districts; the potential for revisiting parking standards when a common parking structure
is built in the Village; and clarification concerning land use applications and standards for clustering
of residences in lower density neighborhoods.
Mayor Ferrara opened the public hearing, and upon receiving no comments, he closed the public
hearing.
Council comments ensued in support of the proposed Ordinance to amend parking standards in the
Village and to allow clustering of lots in lower density residential districts. It was noted that one of
the City's goals is to expand parking in the Village for all businesses.
Action: Council Member Arnold moved to introduce an Ordinance as follows: "AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF
TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (DEVELOPMENT CODE
AMENDMENT OS-001) AMENDING CHAPTER 16.56 (PARKING AND LOADING
REQUIREMENTS) INCLUDING PARKING STANDARDS FOR BARBER SHOPS AND BEAUTY
SALONS WITHIN THE VILLAGE CORE AND VILLAGE MIXED USE (VCD & VMU) ZONING
DISTRICTS; AMENDING CHAPTER 16.32 (RESIDENTIAL DISTRICTS) REGARDING THE
CLUSTERING OF LOTS IN LOWER DENSITY RESIDENTIAL NEIGHBORHOODS; AND
AMENDING CHAPTERS 16.04 (DEFINITIONS) AND 16.20 (SUBDIVISIONS) FOR CONSISTENCY
WITH STATE LAW'. Mayor Pro Tem Fellows seconded, and the motion passed on the following
roll call vote:
AYES: Arnold, Fellows, Costello, Guthrie, Ferrara
NOES: None
ABSENT: None
10. CONTINUED BUSINESS ITEMS
None.
11. NEW BUSINESS ITEMS
None.
12. CITY COUNCIL MEMBER ITEMS
None.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Council Member Arnold referred to restaurants in the Village and encouraged everyone who is
dining out to dine locally in the City's restaurants.
Minutes: City Council Meeting Page 5
Tuesday, May 73, 2008
Mayor Ferrara gave an update on the installation of the City's entry signs at Traffic Way and at E.
Grand Avenue. He also encouraged members of the public to volunteer for the Arroyo Grande In
Bloom program every Saturday morning at 8:00 a.m. to assist in the City's beautification efforts.
15. STAFF COMMUNICATIONS
City Manager Adams announced a Special Joint Meeting/Public Workshop on Thursday, May 15~'
at 4:00 p.m. with the City Council, Architectural Review Committee, Planning Commission, and
Historic Resources Committee on a potential project by Greg Nester in the Village. He also
announced a Special City Council Meeting/Budget Workshop on May 29~' at 6:00 p.m.
16. COMMUNITY COMMENTS AND SUGGESTIONS
None.
17. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 8:02 p.m.
Tony Ferra yor
ATTEST:
Kelly Wet or ,City Clerk
(Approved at CC Mtg 5-27- o$ )