Minutes 2012-10-09 ACTION 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 Tern Tim Brown, and Mayor Tony
Ferrara were present.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Legislative and Information Services/City 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 Tern 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
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Tuesday, October 9, 2012
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 Item 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 Item 8.e. with a recommendation
to continue the item to a date uncertain.
Council Member Costello requested Item 8.d. be pulled.
Action: Mayor Pro Tern Brown moved, and Council Member Costello seconded the motion to
approve Consent Agenda Items 8.a. through 8.h., with the exception of Items 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 Inspection
Services for Capital Project and Development Inspection Services.
Action: 1) Approved a First Amendment to the Agreement for Consultant Services
with Terry Paris Inspection 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.g. 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
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Tuesday, October 9, 2012
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 2012 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, Item 8.e. be continued to a date
uncertain.
Action: Mayor Pro Tem Brown moved, and Council Member Guthrie seconded the motion to
continue Item 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 9.26.010 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 Tern 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
Minutes: Regular City Council Meeting Page 4
Tuesday, October 9, 2012
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
undergrounding of utilities, driveway placement, landscape plan, grading of the property,
mailbox placement, parking, windows, park signage, street lights, and improvements to the
adjacent 7-11 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 7-11 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 following amendments to the conditions of approval:
• Delete Condition 51 — _ -_ _ •_ -= ••
• 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
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Tuesday, October 9, 2012
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 Economic 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
CITY COUNCIL OF THE CITY 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. CITY COUNCIL MEMBER ITEMS
None.
13. CITY 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.
Minutes: Regular City Council Meeting Page 6 .
Tuesday, October 9, 2012 r
16. COMMUNITY COMMENTS AND SUGGESTIONS
None.
17. CLOSED SESSION
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 8:52 p.m.
Tony Ferrar f a or
ATTEST:
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Kelly We or. CI Clerk
(Approved at CC Mtg/0-13'20/Z