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CC 2012-09-25 Agenda Summary City Council Steven Adams, City Manager Timoth y J. Carmel , City Attorney Kelly Wetmore, City Clerk Tony Ferrara , Mayor Tim Brown, Mayor Pro Tem Joe Costello, Council Member Jim Guthrie , Counci l Member Caren Ray, Council Member AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, S EP T EMBER 2 5 , 20 1 2 6 :00 P.M. Arroyo Grande City Council Ch ambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER : 6 :00 P.M. 2. ROLL CALL 3. FLAG SALUTE : T R OOP 413 PENGUIN PATROL 4. INVOCATION : DR. MAYER HARNISCH BAHAI FAITH 5. AGENDA REV IEW : 5.a. Closed Session Announcements : None . 5.b . Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived . 6 . SPECIAL PRESENTATIONS : 6.a. Honorary Proclamation Declaring October 201 2 as Rideshare Month Agenda AGENDA SUMMARY – SEPTEMBE R 25, 2012 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS : This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to t hose matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: Direct Cit y staff to assist or coordinate with you. A Council Member may state a desire to meet with you. It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Cou ncil: Comments should be limited to 3 minutes or less. Your comments should be directed to the Council as a whole and not directed to individual Council members. Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA : The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion . 8.a. Consi deration of C ash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period September 1 , 20 1 2 through September 15 , 20 1 2 . 8.b. Consideration of Statement of Investment Deposits (KRAETSCH) Recommended A ction: Receive and file the report listing the current investment deposits of the City, as of August 31 , 201 2 , as required by Government Code Section 53646(b). 8.c. Consideration of Approval of Minutes (WETMORE) Recommended Action: Approve the minutes of th e 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 (McCL ISH) Recommended Action: Adopt an Ordinance amending sections 16.04.070 and 16.44.050 of the Arroyo Grande Municipal Code regarding f loodplain m anagement . AGENDA SUMMARY – SEPTEMBE R 25, 2012 PAGE 3 8. CONSENT AGENDA: (cont’d) 8.e . Consideration of Temporary Use Permit Case No. 12 -022 Authorizi ng “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 (McCLISH ) Recommended Action: A dopt a Resolution a pprov ing T emporary U se P ermit C ase N o. 12 -022 to authorize “H alloween in the V illage” on October 31, 2012 and direct staff to implement related safety measures , including closure of East and West Branch Street between Traffic Way and Mason Street, no parking zones, and the deto ur of automobile traffic . 8.f . Consideration of Acceptance of the Greenwood Tract Improvements Project , PW 2012 -04 (McCLISH) Recommended Action: 1) A ccept the project improvements as constructed by Cal Portland Construction, Inc in accordance with the plans and specifications for the Greenwood Tract Improvements Project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention, thirty -five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.g . Consideration of an Award of Contract to R. Burke Corporation for Construction of the East Grand Concrete Repair Project, PW 2012 -08 (McCLISH) Recommended Action: 1) Award a contract for construction of the East Grand Concrete Repair Project to R. Burke Corporation in the amount of $39,194; and 2) Authorize the city Manager to approve change orders for 10% of the cont ract amount, $3,194, for unanticipated costs during the construction phase of the project ; 3) Appropriate $16,000 from Local Sa les Tax funds; and 4) Direct 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 Sy stems 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 (McCLISH) Recommend ed Action: 1) Approve and authorize the Mayor to execute Amendment No. 2 to the Agreement for Consultant Services with Water Systems Consulting, Inc.; and 2) Approve and authorize the Mayor to execute Amendment No. 3 to the Agreement for Consultant Servic es with GEI Consulting Inc.. 8.i. Consideration of Approv al of Land Lease Agreement With Verizon Wireless (CARMEL) Recommended Action: Approve and authorize the Mayor to execute a Land Lease Agreement between the City and GTE Mobilenet of Santa Barbara Li mited Partnership, dba Verizon Wireless for use of approximately eight hundred thirty -three square feet of property located at 300 Reservoir Road . AGENDA SUMMARY – SEPTEMBE R 25, 2012 PAGE 4 9. PUBLIC HEARINGS : 9.a. Consideration of Conditional Use Permit 12 -007; Location – S outhwest Corner of T he Pike and South Elm Street; App licant Peter Burtness and Annie Roberts (Appeal of Planning Commission’s Approval) (McCLISH) Recommended Action: 1) Adopt a Resolution denying the appeal and approving Condition al Use Permit 12 -007 ; and 2) Instruct the City Clerk to file a Notice of Determination . 10. CONTINUED BUSINESS : None. 11. NEW BUSINESS : 11.a. Consideration of Introduction of an Ordinance Amending Section 9.26.010 of C hapter 26 of Title 9 of the Arroyo Grande Municipal Code Defining Medic al Marijuana Dispensaries (ADAMS) Recommended Action: Introduce an O rdinance amending Section 9.26.010 of Chapter 26 of Title 9 of the Arroyo Grande Municipal Code defining medical marijuana dispensaries. 1 2 . CITY COUNCIL REPORTS : This item gives the Ma yor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Re gional Transit Authority (SLOCOG/SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Economic Development Element Update Committee (4) Other (b) MAYOR PRO TEM BROWN: (1) Integrated Waste Management Authority Board (IWMA) (2) County Water Reso urces Advisory Committee (WRAC) (3) Other (c) COUNCIL MEMBER COSTELLO: (1) Air Pollution Control District (APCD) (2) Five Cities Fire Authority (FCFA) (3) Other AGENDA SUMMARY – SEPTEMBE R 25, 2012 PAGE 5 12. CITY COUNCIL REPORTS (cont’d): (d ) COUNCIL MEMBER GUTHRIE: (1) South County Area Transit (SCAT) (2 ) Homeless Services Coordinating Council (HSOC) (3 ) Economic Development Element Update Committee (4) Other (e ) COUNCIL MEMBER RAY: (1) Economic Vitality Corporation (EVC) (2 ) Zone 3 Water Advisory Board (3 ) California Joint Powers Insurance Authorit y (CJPIA) (4 ) Tourism Committee (5 ) Other 1 3 . CITY COUNCIL MEMBER ITEMS : The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. None. 1 4 . CITY MANAGER ITEMS : The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. None. 1 5 . COUNCIL COMMUNICATIONS : Correspondence/Comments as presented by the City Council. 1 6 . STAFF COMMUNICATIONS : Correspondence/Comments as presented by the City Manager. 1 7 . COMMUNITY COMMENTS AND SUGGESTIONS : This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from ta king formal action on matters not published on the agenda. 18. ADJOURN TO CLOSED SESSION AGENDA SUMMARY – SEPTEMBE R 25, 2012 PAGE 6 1 9 . CLOSED SESSION : a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957: Title: City Attorney 20 . ADJOURNMENT ************************* All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for publ ic inspection during regular business hours in the City Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability -related modification or accommodation, contact the Legislative and Information Services Department at 805 -473 -5414 as soon as possible and at least 48 hours prior to the meeting date. ************************* This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org ************************** City Coun cil meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo -span.org .