Loading...
CC 2012-10-23_08.c. Approval of Minutes 10.09.2012ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 9,2012 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 6:05 p.m. 2. ROLL CALL City Council: Council Member Caren Ray, Council Member Jim Guthrie, Council Member Joe Costello, Mayor Pro Tem Tim Brown, and Mayor Tony Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Legislative and Information ServicesICity Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Director of Maintenance Services Geoff English, Director of Recreation Services John Rogers, Director of Community Development Teresa McClish, and Associate Planner Ryan Foster were present. 3. FLAG SALUTE Members of Troop 413, Next Generation Patrol, led the Flag Salute. 4. INVOCATION Pastor Randy Ouimette, Saint John's Lutheran Church, delivered the invocation. 5. AGENDA REVIEW 5.a. Closed Session Announcements: None. 5.b. Ordinances Read in Title Only. Mayor Pro Tem 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. 6. SPECIAL PRESENTATIONS 6.a. Introduction of Geoffrey English, Director of Maintenance Services and Promotion of John Rogers to Director of Recreation Services. City Manager Adams introduced Geoffrey English as the City's new Director of Maintenance Services and announced the promotion of John Rogers as the Director of Recreation Services. 6.b. Honorary Proclamation Supporting the "Buy Local" Policy of the County of San Luis Obispo and Honoring National Food Day. Mayor Ferrara presented an Honorary Proclamation supporting the "Buy Local" policy of the County of San Luis Obispo and honoring National Food Day to Kathleen Karle, representing the Item 8.c. - Page 1 Minutes: Regular City Council Meeting Tuesday, October 9, 201 2 Page 2 San Luis Obispo County Public Health Department, and Jenna Smith, representing the Central Coast Agricultural Network. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Brad Snook, Chair, Surfrider Foundation, spoke in support of the plastic bag ban, provided an update of the Foundation's activities and programs, and spoke about the Sanitation District. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public in opposition of ltem 8.d. were Mary Stackhouse, James Walador, Lynn Lake, Jeff Waggoner, Mike Grimme, Richard Davis, Melissa Ziering, Armando Turan, and Justin Clept. There were no further comments received and the public comment period was closed. Mayor Ferrara noted that there was a request from staff to pull ltem 8.e. with a recommendation to continue the item to a date uncertain. Council Member Costello requested ltem 8.d. be pulled. Action: Mayor Pro Tem Brown moved, and Council Member Costello seconded the motion to approve Consent Agenda ltems 8.a. through 8.h., with the exception of ltems 8.d. and 8.e., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Brown, Costello, Guthrie, Ray, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 16, 2012 through September 30, 2012. 8.b. Consideration of a Resolution to Implement Paying and Reporting of Employer Paid Member Contributions (EPMC) to the California Public Employees' Retirement System (PERS) for the International Association of Fire Fighters Local 4403 of the Local Safety Fire Group. Action: Adopted Resolution No. 4487 entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO IMPLEMENT THE PAYING AND REPORTING THE VALUE OF THE EMPLOYER PAID MEMBER CONTRIBUTIONS TO THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS)". 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of September 25, 2012, as submitted. 8.f. Consideration of a First Amendment to Agreement with Terry Paris lnspection Services for Capital Project and Development lnspection Services. Action: 1) Approved a First Amendment to the Agreement for Consultant Services with Terry Paris lnspection Services to increase the "not to exceed" amount by $30,500 and extend the contract time by six months to May 31, 2013; and 2) Authorized the Mayor to execute the amendment. 8.9. Consideration of Consultant Services Agreements with The Wallace Group and Water Systems Consulting, Inc. for On-Call Engineering Consultant Services. Action: 1) Approved a two-year agreement with The Wallace Group in an amount not to Item 8.c. - Page 2 Minutes: Regular City Council Meeting Tuesday, October 9,2012 Page 3 exceed $27,000 for on-call Engineering Consultant Services; 2) Approved a two-year agreement with Water Systems Consulting, Inc. in an amount not to exceed $27,000 for on-call Engineering Consultant Services; 3) Approved a transfer of $30,000 from salary savings; and 4) Authorized the Mayor to execute the agreements with The Wallace Group and Water Systems Consulting, Inc. 8.h. Consideration of Amendment No. 1 to the Agreement with John Deere Greentech for Installation of the Centralized Irrigation System. Action: 1) Approved Amendment No. 1 to the Contractor Services Agreement with John Deere Green Tech; and 2) Authorized the Mayor to sign the amendment to the agreement with John Deere Green Tech. ITEMS PULLED FROM THE CONSENT AGENDA 8.e. Consideration of Acceptance of the 201 2 Citywide Digout Project, PW 2012-03. Recommended Action: 1) Accept the project improvements as constructed by Ferravanti Grading and Paving, Inc. in accordance with the plans and specifications for the 2012 Citywide Digout 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. Staff recommended that, pursuant to the contractor's request, ltem 8.e. be continued to a date uncertain. Action: Mayor Pro Tem Brown moved, and Council Member Guthrie seconded the motion to continue ltem 8.e. to a date uncertain. The motion passed on the following roll-call vote: AYES: Brown, Costello, Guthrie, Ray, Ferrara NOES: None ABSENT: None 8.d. Consideration of Adoption of an Ordinance Amending Section 9.26.010 of Chapter 26 of Title 9 of the Arroyo Grande Municipal Code Defining Medical Marijuana Dispensaries. Recommended Action: Adopt an Ordinance amending Section 9.26.01 0 of Chapter 26 of Title 9 of the Arroyo Grande Municipal Code defining medical marijuana dispensaries. Council questions of staff ensued regarding the proposed Ordinance. Action: Mayor Pro Tem Brown moved, and Council Member Costello seconded the motion to adopt Ordinance No. 647 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTION 9.26.010 OF CHAPTER 26 OF TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE DEFINING MEDICAL MARIJUANA DISPENSARIES". The motion passed on the following roll-call vote: AYES: Brown, Costello, Guthrie, Ray, Ferrara NOES: None ABSENT: None Item 8.c. - Page 3 Minutes: Regular City Council Meeting Tuesday, October 9, 2012 Page 4 9. PUBLIC HEARINGS 9.a. Continued Public Hearing - Consideration of Conditional Use Permit 12-007; Location - Southwest Corner of The Pike and South Elm Street; Applicant Peter Burtness and Annie Roberts (Appeal of Planning Commission's Approval). Assistant Planner Foster presented the staff report and recommended that the Council: 1) Adopt a Resolution denying the appeal and approving Conditional Use Permit 12-007 as revised; 2) Instruct the City Clerk to file a Notice of Determination; and 3) Direct staff to prepare a zoning overlay for Council consideration as recommended. Mayor Ferrara opened the public hearing. Speaking from the public expressing concerns about undergroundi~g of utilities, driveway placement, landscape plan, grading of the property, mailbox placement, parking, windows, park signage, street lights, and improvements to the adjacent 7-1 1 convenience store were Teri Peterson, Paul Place; Ann McMullen; S. Elm Street; Larry Royal, Russ Court; Kim Greene, Paul Place; and speaking in support of the project was Richard Dasmann, representing the 7-1 1 store. Hearing no further public comments, Mayor Ferrara closed the public hearing. Steve Puglisi, project architiect representing the applicants, responded to concerns expressed by the public and responded to questions from Council. Action: Council Member Ray moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 12-007 AND APPROVING CONDITIONAL USE PERMIT 12-007; LOCATED AT THE SOUTHWEST CORNER OF THE PIKE AND SOUTH ELM STREET; APPLIED FOR BY PETER BURTNESS AND ANNIE ROBERTS", including amendments to the conditions of approval; and further, to direct staff to refund the appeal fee. City Attorney Carmel clarified the followirlg amendments to the conditions of approval: . . Delete Condition 51 - 1 Amend Condition 112 - Prior to issuance of a building permit, the applicants shall coordinate a workshop, open to the neighborhood, with their landscape architect, the City Arborist, and a Tree Guild Representative, to review the landscape plan. Subsequently the applicant shall submit a final landscape plan, subject to review by and approval of the Director of Recreation Services. Add Condition 123 - Applicant shall provide signage identifying the pocket park as a public park, subject to approval of the Community Development Director. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: Ray, Guthrie, Costello, Brown, Ferrara NOES: None ABSENT: None Item 8.c. - Page 4 Minutes: Regular City Council Meeting Tuesday, October 9,2012 Page 5 9.b. Consideration of an Update to the City's General Plan - Economic Development Element. Community Development Director McClish presented the staff report and recommended that the City Council adopt a Resolution approving General Plan Amendment 12-003 adopting the 2012 Update to the Econorr~ic Development Element of the General Plan. Staff responded to questions from Council. Council Member Ray suggested changing the term "baseline" to "head of household" in the document. Mayor Ferrara noted a formatting correction on page 17 of the document and requested a photo of one of the City's historic buildings be inserted on page 8 near objective ED4-1.5. Mayor Ferrara opened the public hearing. Speaking from the public in support of the Economic Development Element was Carrol Pruett, a member of the Economic Development Element Update Committee. Hearing no further comments, Mayor Ferrara closed the public hearing. Action: Council Member Guthrie moved adopt a Resolution entitled: "A RESOLUTION OF THE CIN COUNCIL OF THE CIN OF ARROYO GRANDE APPROVING GENERAL PLAN AMENDMENT 12-003, ADOPTING THE 2012 UPDATE TO THE ECONOMIC DEVELOPMENT ELEMENT OF THE GENERAL PLAN". Council Member Costello seconded, and the motion passed on the following roll-call vote: AYES: Guthrie, Costello, Ray, Brown, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 12. ClTY COUNCIL MEMBER ITEMS None. 13. ClTY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Ferrara noted he would be giving a report on the South San Luis Obispo County Sanitation District at the next meeting. He also thanked everyone who participated and volunteered in the success of the Annual Harvest Festival. 15. STAFF COMMUNICATIONS None. Item 8.c. - Page 5 Minutes: Regular City Council Meeting Tuesday, October 9, 2012 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. CLOSED SESSION None. 18. ADJOURNMENT Mayor Ferrara adjourned the meeting at 8:52 p.m. Tony Ferrara, Mayor ATTEST: Kelly Wetmore, City Clerk (Approved at CC Mtg ) Page 6 Item 8.c. - Page 6