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Minutes 2011-04-26 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 26, 2011 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Pro Tem Ray called the Regular City Council meeting to order at 7:04 p.m. 2. ROLL CALL City Council: Council Member Jim Guthrie, Council Member Joe Costello, Council Member Tim Brown, and Mayor Pro Tem Caren Ray were present. Mayor Tony Ferrara was absent. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Deputy City Clerk Kitty Norton, Assistant Planner Darryl Mimick, and Associate Planner Kelly Heffernon were present. 3. FLAG SALUTE Mayor Pro Tem Ray led the Flag Salute. 4. INVOCATION Pastor Randy Ouimette, St. John's Lutheran Church and Five Cities Fire Authority Chaplain, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Proclaiming May 2011 as "Bike Month" and May 16 - 20, 2011 as "Bike to Work and School Week ". Mayor Pro Tem Ray read and presented the Proclamation to Kelsey Greer, Program Coordinator, San Luis Obispo Regional Ride Share. 6. AGENDA REVIEW 6.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. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS The following members of the public spoke during Citizens' Input, Comment and Suggestions: Fay Ogden, Montego Street; Kirk Scott, Fortuna Court; Marie Burt, Orchard Street; Pastor Randy Ouimette, St. John's Lutheran Church; and Jeff Pinak and Brad Snook, Surfrider Foundation. Mayor Pro Tem Ray referred to Supplemental Information from staff requesting that Item 8.e. be continued to a date certain of April 30, 2011. Minutes: City Council Page 2 Tuesday, April 26, 2011 8.e. Consideration of Acceptance of the Centennial Park Improvement Project, PW — 2011 -01. Recommended Action: 1) Accept the project improvements as constructed by Maino Construction in accordance with the plans and specifications for the Centennial Park Improvement Project; 2) Direct staff to file a Notice of Completion; 3) Appropriate an additional $7,000 for the project budget from Park Development Fees; and 4) Authorize release of the retention, thirty -five (35) days after the Notice of Completion has been recorded, if no liens have been filed. Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to continue Item 8.e. to a date certain of April 30, 2011. The motion passed on the following roll - call vote: AYES: Brown, Guthrie, Costello, Ray NOES: None ABSENT: Ferrara 8. CONSENT AGENDA Mayor Pro Tem Ray 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 Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.f., with the exception of 8.e., with the recommended courses of action. The motion passed on the following roll -call vote: — AYES: Guthrie, Costello, Brown, Ray NOES: None ABSENT: Ferrara 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period April 1, 2011 through April 15, 2011. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report listing the current investment deposits of the City, as of March 31, 2011, as required by Government Code Section 53646(b). 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meeting of April 12, 2011 and the Regular City Council /Redevelopment Agency Meeting of April 12, 2011, as submitted. 8.d. Consideration of Authorization to Use City Property and Close City Streets for the Annual Arroyo Grande Strawberry Festival and Stampede on May 28 and 29, 2011; Temporary Use Permit 11 -006. Action: Adopted Resolution No. 4355 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE USE OF CITY PROPERTY AND CLOSURE OF CITY STREETS FOR THE ANNUAL ARROYO GRANDE STRAWBERRY FESTIVAL AND STAMPEDE ON MAY 28 AND 29, 2011; TEMPORARY USE PERMIT NO. 11- 006 ". 8.f. Consideration of Acceptance of the Data and Communications Cabling for 300 East Branch Street, Project PW 2010 -14. Minutes: City Council Page 3 Tuesday, April 26, 2011 Action: Accepted the project improvements as constructed by Electricraft, Inc. in accordance with the plans and specifications for the Data and Communications Cabling for 300 E. Branch Street 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. 9. PUBLIC HEARINGS 9.a. Consideration of Appeal to City Council Case No. 11 -001 and Administrative Sign Permit 10 -017; New Signs for a New Business at 911 Rancho Parkway (Five Cities Center). Assistant Planner Mimick presented the staff report and recommended that the Council: 1) Adopt a Resolution denying Appeal to City Council Case No. 11 -001 and approving Administrative Sign Permit 10 -017 with conditions of approval as recommended by the Director of Community Development, Architectural Review Committee and the Planning Commission. Mayor Pro Tem Ray opened the public hearing. Speaking from the public in favor of the Appeal were Dave Pintard; Ty Green, and Donald Graham. No further public comments were received, and the public hearing was closed. Action: Council Member Guthrie moved to take tentative action to uphold the Appeal to City Council Case No. 11 -001 and approving Administrative Sign Permit 10 -017 that allows a Petco sign panel on the existing tower sign at the main entrance to the Five Cities Center and direct staff to return to the City Council with an appropriate supporting resolution. Council Member Brown seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Brown, Costello NOES: Ray ABSENT: Ferrara 9.b. Consideration of an Ordinance Amending Municipal Code Sections 13.05.010 — 13.05.070 Regarding Mandatory Water Conservation Measures. Associate Planner Heffernon presented the staff report and recommended that the Council introduce an Ordinance amending Sections 13.05.010 — 13.05.070 of Chapter 13.05 of the Arroyo Grande Municipal Code regarding Mandatory Water Conservation Measures. Mayor Pro Tem Ray opened the public hearing. No public comments were received and the public hearing was closed. Action: Council Member Guthrie moved to introduce an Ordinance amending Sections 13.05.010 — 13.05.070 of Chapter 13.05 of the Arroyo Grande Municipal Code regarding Mandatory Water Conservation Measures. Mayor Pro Tem Ray seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Ray, Costello, Brown NOES: None ABSENT: Ferrara Minutes: City Council Page 4 Tuesday, April 26, 2011 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 (ABSENT): (1) San Luis Obispo Council of Governments /San Luis Obispo Regional Transit Authority (SLOCOG /SLORTA). (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee (b) Mayor Pro Tem Ray: (1) Economic Vitality Corporation (EVC). (2) California Joint Powers Insurance Authority (CJPIA) (3) Tourism Committee (c) Council Member Costello: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) — (3) Five Cities Fire Authority (FCFA) (d) Council Member Guthrie: (1) South County Area Transit (SCAT) (2) Community Action Partnership (CAPSLO) (3) Homeless Services Coordinating Council (HSOC) (e) Council Member Brown: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Resources Advisory Committee (WRAC). 13. CITY COUNCIL MEMBER ITEMS None. 14. CITY MANAGER ITEMS None. 15. COUNCIL COMMUNICATIONS In follow -up to Council Member Guthrie's comments regarding Bike Month following Item 5.a., Mayor Pro Tem Ray confirmed that the Council agreed to wear relaxed attire during the month of May and ride bicycles to City Council meetings. Mayor Pro Tem Ray requested traffic issues on Woodland Drive, James Way, and Montego Street near Ocean View Elementary School be added to the Traffic Commission agenda; and complimented the City's Administrative Secretary Debbie Weichinger on the action minutes of the recent Planning Commission meeting. — Minutes: City Council Page 5 Tuesday, April 26, 2011 16. STAFF COMMUNICATIONS None. 17. COMMUNITY COMMENTS AND SUGGESTIONS None. 18. ADJOURNMENT Mayor Pro Tem Ray adjourned the meeting at 8:34 p.m. to the Special City Council meeting of Saturday April c0, 201 - 12:30 p.m. 1 Caren Ray, Mayor Wem ATTEST: Nort n7 Kitty , Deputy City Clerk (Approved at CC Mtg 05/A0A/ )