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Minutes 2009-11-10 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, NOVEMBER 10, 2009 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor /Chair Ferrara called the Regular City Council meeting to order at 7:01 p.m. 2. ROLL CALL City Council /RDA: Council /Board Members Jim Guthrie, and Chuck Fellows, Mayor Pro TemNice Chair Joe Costello, and Mayor /Chair Tony Ferrara were present. Council /Board Member Ed Arnold was absent. 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 Recreation and Maintenance Services, and Director of Community Development Teresa McClish. 3. FLAG SALUTE Members of Brownie Troop 40734 led the Flag Salute. 4. INVOCATION Dr. Mayer Harnish, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Mayor Pro TemNice Chair Costello moved, Council /Board Member Fellows 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. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Bob Lund, Village Improvement Association Executive Director, spoke about the new decorative lights on the trees along E. Branch Street; thanked attorney James Murphy for the lighting decorations at his business located in the Village; and spoke about projects that Arroyo Grande In Bloom is working on, including the fire resistant landscape garden project at the Fire Station, Dr. Carsten Zieger, emergency room physician at Arroyo Grande Community Hospital, expressed concerns and opposition regarding the decision by the San Luis Obispo County Emergency Medical Services Agency (EMSA) to support the latest trauma plan proposal for a single Level II trauma center at Sierra Vista Hospital. Rick Castro, President of Arroyo Grande Community Hospital, supported comments made by Dr. Zieger and spoke about the potential negative impact on Arroyo Grande Community Hospital's emergency operations and staffing. Minutes: City Council /Redevelopment Agency Meeting Page 2 Tuesday, November 10, 2009 Steve Ross, Garden Street, referred to local government access Channel 20 and stated it might be helpful to scroll the Agenda items prior to Council and Commission meetings. 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 referred to the supplemental information distributed by staff regarding Item 8.i. and requested that the item be pulled for separate action. Action: Council Member Guthrie moved, and Council Member Fellows seconded the motion to approve Consent Agenda Items 8.a. through 8.h., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Guthrie, Fellows, Costello, Ferrara NOES: None ABSENT: Arnold 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period October 16, 2009 through October 31, 2009. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council /Redevelopment Agency meeting of October 27, 2009, as submitted. 8.c. Consideration of Resolution Authorizing PacificWest Energy Solutions, Inc. to Submit Applications on behalf of the City for Funding from the California Energy Commission. Action: 1) Adopted Resolution No. 4228 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING PACIFICWEST ENERGY SOLUTIONS, INC. TO SUBMIT ENERGY CONSERVATION FUNDING APPLICATIONS ON BEHALF OF THE CITY OF ARROYO GRANDE"; and 2) Authorized the Mayor to execute a Memorandum of Understanding with PacificWest to prepare an energy audit on City facilities and to provide consultant services associated with the Resolution. 8.d. Consideration of a Resolution Approving an Application for Proposition 40 and 84 Urban Forestry Grant Program Funds for Tree Planting. Action: Adopted Resolution No. 4229 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE APPLICATION FOR FUNDING FROM THE URBAN FORESTRY GRANT PROGRAM; "AN URBAN FOREST FOR EVERY CITY", AS PROVIDED BY PROPOSITIONS 40 AND 84 FOR TREE PLANTING ". 8.e. Consideration of Adoption of a Resolution Approving Application for Proposition 40 and 84 Urban Forestry Grant Program Funds for a Tree Inventory. Action: Adopted Resolution No. 4230 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE APPLICATION FOR FUNDING FROM THE URBAN FORESTRY GRANT Minutes: City Council /Redevelopment Agency Meeting Page 3 Tuesday, November 10, 2009 PROGRAM; "AN URBAN FOREST FOR EVERY CITY ", AS PROVIDED BY PROPOSITIONS 40 AND 84 FOR A TREE INVENTORY ". 8.f. Consideration to Award Bid and Approve a Contractor Services Agreement for Uniform and Related Services. Action: 1) Awarded the bid and authorized the Mayor to execute a 3 -year Contractor Services Agreement with AmeriPride Uniform Services; and 2) Appropriated $300 from the Sewer Fund. 8.g. Consideration of a First Amendment to the Agreement for Consultant Services with Garing Taylor & Associates for Well No. 10 Phase II Project, PW 2010 -02. Action: 1) Approved a First Amendment to the Agreement for Consultant Services with Garing Taylor & Associates for amount not to exceed $54,180 for additional design expenses and support services during construction; and 2) Authorized the City Manager to execute the First Amendment. 8.h. Consideration of Third Amendment to Agreement with North Coast Engineering for the El Camino Real Improvement Project. Action: 1) Approved a Third Amendment to the Agreement for Consultant Services with North Coast Engineering to increase the "not to exceed" amount by $40,508 to include additional design services on the El Camino Real Retaining Wall, El Camino Real Resurfacing, and El Camino Real /Chilton Street Waterline Capital Improvement Projects (PW- 2008 -09); and 2) Authorized the Mayor to execute the amendment. ITEM PULLED FROM THE CONSENT AGENDA 8.i. Consideration of Temporary Use Permit Case No. 09 -024 Authorizing the Closure of City Streets for the 7 Annual Arroyo Grande Village Improvement Association Christmas Parade, November 29, 2009. Recommended Action: Adopt a Resolution Approving Temporary Use Permit No. 09 -024 and Authorizing the Closure of City Streets for the 7th Annual Arroyo Grande Village Improvement Association Christmas Parade, November 29, 2009. Community Development Director McClish recommended the Council continue this item to the next Regular City Council Meeting of November 24, 2009 to allow staff time to address additional traffic control and detour issues related to continuing the parade onto Mason Street. Action: Mayor Ferrara moved to continue the item to the next Regular City Council Meeting of November 24, 2009. Council Member Guthrie seconded, and the motion passed on the following roll -call vote: AYES: Ferrara, Guthrie, Fellows, Costello NOES: None ABSENT: Arnold 9. PUBLIC HEARINGS 9.a. Continued Public Hearing - Consideration of Centennial Plaza Project and a Purchase and Sale and Improvement Agreement for Acquisition of Property at 300 East Branch Street and Sale and Development of City Property at 200 and 208 East Branch Street and the Adjacent Parking Area. Minutes: City Council /Redevelopment Agency Meeting Page 4 Tuesday, November 10, 2009 Recommended Action: 1) Adopt a Resolution adopting a Negative Declaration with Mitigation Measures; 2) Approve the Centennial Plaza preliminary design concept; 3) Approve a contract with RRM Architects for final design of the Centennial Plaza project for a not to exceed amount of $44,000; 4) Approve a Purchase and Sale and Improvement Agreement with NKT Commercial for acquisition of property at 300 East Branch Street, sale of City property at 200 East Branch Street, 208 East Branch Street and the parking area in between, development of a 5,700 square foot commercial building at Short Street and East Branch Street, and adaptive reuse of the 208 East Branch Street building; 5) Select Alternative #3 as the preferred alternative for the NKT Commercial proposed project; and 6) Authorize the City Manager to execute documents to obtain debt financing of up to $1.2 million for costs associated with acquisition of the 300 East Branch Street property through the United States Department of Agriculture (USDA) Rural Development Community Facilities low- interest loan program. City Manager Adams referred to a letter received by NKT Commercial requesting a continuance of the item to the Regular City Council Meeting of December 8, 2009 and recommended the Council approve the request for the continuance. Action: Council Member Guthrie moved to continue the item to the Regular City Council Meeting of December 8, 2009. Mayor Pro Tem Costello seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Costello, Fellows, Ferrara NOES: None ABSENT: Arnold 9.b. Consideration of a Resolution Amending a Condition of Approval for Tentative Tract Map No. 2792 (VTTM 05 -003 and PUD 05 -007) for Property Located near Fair Oaks Avenue (East of Arroyo Grande Community Hospital), Applied for by Innovative Housing Solutions, Inc. Recommended Action: Adopt a Resolution amending a condition of approval for Vesting Tract Map 2792 to accept housing in -lieu fees instead of the provision of deed restricted units to meet affordable housing requirements. Community Development Director McClish recommended the Council continue the item to a date certain to allow staff additional time to work with the applicant on reimbursement for the S. Alpine waterline. Action: Council Member Guthrie moved to continue the item to the next Regular City Council Meeting of November 24, 2009. Council Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Fellows, Costello, Ferrara NOES: None ABSENT: Arnold Minutes: City Council /Redevelopment Agency Meeting Page 5 Tuesday, November 10, 2009 9.c. Consideration of Purchase and Sale Agreement and Joint Escrow Instructions for Sale of Property on Court land Street South of East Grand Avenue to Peoples' Self Help Housing. [RDA/CC] Chair Ferrara declared a conflict of interest due to ownership of real property near the site associated with the proposed Purchase and Sale Agreement, and he stepped down from the dais. Executive Director Adams presented the staff report and recommended the RDA Board of Directors approve a Purchase and Sale Agreement and Joint Escrow Instructions to sell the vacant property owned by the Agency on Court land Street south of East Grand Avenue to Peoples' Self Help Housing and a Regulatory Agreement transferring a deed restriction to the property from property owned by Peoples' Self Help Housing on El Camino Real that will require the property be used for affordable housing. Vice Chair Costello opened the public hearing. Jeanette Duncan, Executive Director of People's Self Help Housing, spoke in support of the proposal. Hearing no further public comments, Vice Chair Costello closed the public hearing. Board comments ensued in support of the proposed Purchase and Sale Agreement; that this is an excellent location for an affordable housing project; that the VCA Animal Hospital will benefit from the proposal too; and that this site is better for an affordable housing project than the El Camino Real site. Action: Board Member Fellows moved to approve a Purchase and Sale Agreement and Joint Escrow Instructions to sell the vacant property owned by the Agency on Court land Street south of East Grand Avenue to Peoples' Self Help Housing and a Regulatory Agreement transferring a deed restriction to the property from property owned by Peoples' Self Help Housing on El Camino Real that will require the property to be used for affordable housing. Board Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Costello NOES: None ABSENT: Arnold, Ferrara Chair Ferrara returned to the dais. 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEMS 11.a. Consideration of Groundwater Monitoring and Test Findings and Adoption of Interim Urgency Ordinance Establishing a 45 Day Moratorium on the Approval of Development Projects. Minutes: City Council /Redevelopment Agency Meeting Page 6 Tuesday, November 10, 2009 City Manager Adams presented the staff report and recommended the Council: 1) Review groundwater monitoring and testing results; 2) Adopt an Interim Urgency Ordinance establishing a 45 -day moratorium on the approval of development projects; 3) Authorize the Mayor to sign a letter in conjunction with Grover Beach, Ocean and Pismo Beach requesting the County make available excess State water at the Lopez turnout on a temporary and emergency basis; and 4) Direct staff to seek public input and prepare recommendations to address water supply and potential seawater intrusion issues. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. John Snyder, Nipomo, referred to "lost" wells and the lack of available public information on well monitoring results. He expressed concerns about meetings being held without full public participation and distributed written material regarding water and well monitoring issues in the South County. Mayor Ferrara acknowledged receipt of the comprehensive information submitted by Mr. Snyder and that the Council would need time to review. He asked the City Attorney to explain the nature of the technical meetings that are held. City Attorney Carmel explained that the settlement agreement in the Santa Maria Groundwater Basin litigation required the creation of a technical advisory committee with staff representatives from Arroyo Grande, Grover Beach, Pismo Beach, and Oceano Community Services District to meet on a quarterly basis and exchange data and information and that these are not secret meetings, and they are not subject to the Brown Act. Steve Ross, Garden Street, stated that seawater intrusion is not a new issue; spoke of similar issues occuring in Monterey; believed that the matter is caused by over pumping and not regulating water use by agricultural operations; and suggested that the City determine how much water is being pumped by agricultural operations. Hearing no further public comments, Mayor Ferrara closed the public comment period. Council comments ensued acknowledging the current water issues and risks; and support for adoption of the Interim Urgency Ordinance for a period of 45 days to allow staff time to analyze and develop strategies and recommendations to address water resources for future development projects as outlined in the staff report. Staff was further directed to forward the information submitted by Mr. Snyder to the County, to prepare public education information on the moratorium which would include a press release, news articles, and fact sheets for the City website. City Manager Adams further explained that new development applications would continue to be accepted and processed, but not approved. Action: Mayor Pro Tem Costello moved to adopt an Interim Urgency Ordinance as follows: "AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MORATORIUM ON THE APPROVAL OF DEVELOPMENT PROJECTS, AND DECLARING THE URGENCY THEREOF ". Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Fellows, Ferrara Minutes: City Council /Redevelopment Agency Meeting Page 7 Tuesday, November 10, 2009 NOES: None ABSENT: Arnold Action: Council Member Fellows moved to authorize the Mayor to sign a letter in conjunction with Grover Beach, Ocean and Pismo Beach requesting the County make available excess State water at the Lopez turnout on a temporary and emergency basis; and to direct staff to seek public input and prepare recommendations to address water supply and potential seawater intrusion issues. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Fellows, Guthrie, Costello, Ferrara NOES: None ABSENT: Arnold 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS In response to earlier public comments, the Council directed staff to obtain a copy of Arroyo Grande Community Hospital's position paper on the Level II Trauma Plan; schedule a follow -up meeting with Mr. Castro; obtain copies of the executive summary from the consultant's report; and notify the County that the City wants to be involved in this matter. Mayor Ferrara announced that he had met with Assemblyman Sam Blakeslee and other Mayors to discuss the water issues and reported on proposed State legislation that would exempt cities from water conservation requirements that have per capita usage of less than 100 gallons per day. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS Brendan Heinegan, San Luis Obispo, expressed concern about excessive water use impacting water needed for agricultural operations. 17. ADJOURNMENT Mayor /Chair Ferrara adjourned the meeting at 8:15 p.m. Minutes: City Council /Redevelopment Agency Meeting Page 8 Tuesday, November 10, 2009 // Tony Ferj "Mayor /Chair ATTEST: rj (L n.0 Kelly Wet ore,tity Clerk/Agency Secretary (Approved at CC Mtg /I- 2`/ -7-0o9 )