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Minutes 2010-09-14 MINUTES REGULAR MEETING OF THE CITY COUNCILIREDEVELOPMENT AGENCY TUESDAY, SEPTEMBER 14, 2010 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor /Chair Ferrara called the Regular City Council /Redevelopment Agency meeting to order at 7:10 p.m. 2. ROLL CALL City Council /RDA: Council /Board Member Caren Ray, Council /Board Member Chuck Fellows, Council /Board Member Joe Costello, Mayor Pro TemNice Chair Jim Guthrie, and Mayor /Chair Tony Ferrara were present. City Staff Present: City Manager /Executive Director Steven Adams, City Attorney Tim Carmel, Director of Legislative and Information Services /City Clerk Kelly • Wetmore, Chief of Police Steve Annibali, Fire Chief Michael Hubert, Director of Recreation and Maintenance Services, and Community Development Director Teresa McClish. 3. FLAG SALUTE A representative of the Arroyo Grande Masonic Lodge 237 led the Flag Salute. 4. INVOCATION Pastor Randy Ouimette, Saint John's Lutheran Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring September as Ovarian Cancer Awareness Month Mayor Ferrara presented an Honorary Proclamation declaring September as Ovarian Cancer Awareness Month. Maureen Clancy accepted the proclamation. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council /Board Member Fellows moved, Council /Board Member Costello 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 Patty Welsh, Pradera Court, referred to awnings on buildings in the Village and expressed concern with the taut, red awning on the building where the Chocolate Sheep business is going in, which she finds offensive. Mayor Ferrara acknowledged the Supplemental memorandums distributed and received by the Council regarding Items 8.m., 8.n., and 8.q and noted that public review copies were available. 8. CONSENT AGENDA Mayor /Chair Ferrara invited members of the public who wished to comment on any Consent Agenda Item to do so at this time. Minutes: City Council /Redevelopment Agency Meeting Page 2 Tuesday, September 14, 2010 Patty Welsh, Pradera Court, referred to Item 8.1. (Approval of the Renovation of the Elm Street Off Leash Dog Park) expressed concern about the dust particles in the air in and around the dog park and requested an update on the status of this project. Mayor Ferrara explained that the proposed action on this item would approve the plan as presented in the staff report to install wood chips in the dog park to replace the grass, as well as installation of several planter pots with landscaping and related above ground irrigation. Upon hearing no further comments, Mayor /Chair Ferrara closed the public comment period. Council /Board Member Fellows requested Items 8.1., 8.m. and 8.q. be pulled. Action: Council /Board Member Costello moved, and Council /Board Member Ray seconded the motion to approve the Consent Agenda, with the exception of Items 8.1., 8.m. and 8.q., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Costello, Ray, Fellows, Guthrie, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period August 16, 2010 through August 31, 2010. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meeting of August 10, 2010, and the Regular City Council /Redevelopment Agency Meeting of August 10, 2010, as submitted. 8.c. Consideration of Conflict of Interest Code Biennial Review. Action: 1) Adopted Resolution No. 4303 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE CITY OF ARROYO GRANDE'S CONFLICT OF INTEREST CODE INCLUDING AMENDED APPENDICES OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES "; and 2) the RDA Board of Directors received and filed the 2010 Redevelopment Agency Conflict of Interest biennial notice. 8.d. Consideration of Appointment to the Citizens' Transportation Advisory Committee. Action: Approved the appointment of Steve Ross to the Citizens' Transportation Advisory Committee (CTAC). 8.e. Consideration of Approval of an Agreement for Contractor Services with DataArc, LLC. Action: Approved and authorized the Mayor to execute an Agreement for Contractor Services with DataArc, LLC for document imaging services. 8.f. Consideration of Approval of Funding for Information Technology (IT) Managed Services, and Work Management System Training. Action: Appropriated $7,000 from the General Fund for Information Technology (IT) Managed Services and Work Management System. Minutes: City Council /Redevelopment Agency Meeting Page 3 Tuesday, September 14, 2010 8.g. Consideration of Approving an Auction Services Disposition Agreement and Addendum to Auction Services Disposition Agreement with "PropertyRoom.com" (PRC). Action: Approved and authorized the City Manager to execute an Auction Services Disposition Agreement and Addendum to Auction Services Disposition Agreement with PRC for the purpose of consigning property and evidence items. 8.h. Consideration of a License Agreement to Provide for the Use of Real Property for a Police Department Firearms Range. Action: Approved the License Agreement with the Arroyo Ranch Company as outlined in the Agreement and authorize the mayor to execute the License Agreement. 8.i. Consideration of Acceptance of Streets Resurfacing in the Vicinity of Arroyo Grande High School, PW 2010 -08. Action: 1) Accepted the project improvements as constructed by Souza Construction, Inc. in accordance with the plans and specifications for the Streets Resurfacing in the Vicinity of Arroyo Grande High School 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. 8.j. Consideration of Temporary Use Permit 10 -013 Authorizing Closure of City Streets and Use of City Property for the 73"' Annual Arroyo Grande Valley Harvest Festival, Friday and Saturday, September 24 -25, 2010. Action: Adopted Resolution No. 4304 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT 10 -013, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY PROPERTY FOR THE 73 ANNUAL ARROYO GRANDE VALLEY HARVEST FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 24-25, 2010 ". 8.k. Consideration of Acceptance of Public Improvements and Easements for Tract 2236. Action: Adopted Resolution No. 4305 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND IMPROVEMENTS FOR TRACT 2236 CONSTRUCTED BY MANGANO HOMES ". 8.n. Consideration of a Resolution to Grant Another Designated Period for Two Years Additional Service Credit with the California Public Employees' Retirement System for the Classification of Facility Coordinator. Action: 1) Approved and authorized the Mayor to sign on behalf of the City Resolution No. 4306 as follows: "A RESOLUTION TO GRANT ANOTHER DESIGNATED PERIOD FOR TWO YEARS ADDITIONAL SERVICE CREDIT "; and 2) Authorized the Mayor to sign the Certification of Compliance With Government Code Section 20903. 8.o. Consideration of Fire Truck/Aerial Apparatus Agreements. Action: 1) Approved a Use and Operation of Fire Apparatus Agreement with the Five Cities Fire Authority; and 2) Approved a Fire Truck/Aerial Apparatus Cooperative Agreement with the City of Grover Beach and Oceano Community Services District. 8.p. Consideration of an Amended and Restated Agreement of Purchase and Sale and Improvement with Nicholas J. Tompkins. Action: Approved and authorized the City Manager to execute an Amended and Restated Agreement of Purchase and Sale and Improvement with Nicholas J. Tompkins. Minutes: City Council /Redevelopment Agency Meeting Page 4 Tuesday, September 14, 2010 ITEMS PULLED FROM THE CONSENT AGENDA 8.1. Consideration of Approval of the Renovation of the Elm Street Off Leash Dog Park. Recommended Action: 1) Approve the proposal for renovations of the dog park; and 2) Direct the City Clerk to file a Notice of Determination. In response to concerns expressed by Council Member Fellows regarding Round -Up applications on the grass as it relates to protection of the trees, Director Perrin said precautions would be taken to protect the trees and a hand spray would be used to ensure careful application in certain areas. Mayor Ferrara suggested it may be beneficial to put a 2x12 board down before spraying to avoid the spray going through the fence to other grass areas. In response to questions from Mayor Pro Tem Guthrie regarding cost estimates, Director Perrin clarified the proposed cost is for materials only; that City staff would be applying the Round -Up; the Five Cities Dog Park Association would be responsible for the labor related to the improvements; and explained the proposed above - ground irrigation methods for the planters. Mayor Ferrara commented that members of Arroyo Grande In Bloom would provide the plants and volunteer labor and may make another recommendation regarding the irrigation. Action: Council Member Fellows moved to approve Item 8.1. as recommended. Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll -call vote: AYES: Fellows, Guthrie, Costello, Ray, Ferrara NOES: None ABSENT: None 8.m. Consideration of an Award of Contract to Barajas & Associates, Inc. for the Tally Ho Sidewalk Improvement Project, PW 2009 -07. Recommended Action: 1) Award a contract for the Tally Ho Sidewalk Improvement Project to Barajas & Associates, Inc. in the amount of $84,211; and 2) Authorize the City Manager to approve change orders for 10% of the contract amount, $8,421, for unanticipated costs during the construction phase of the project. Council Member Fellows clarified for the record that the large Silver Maple Tree on Tally Ho Road would be saved and the small maple tree would be removed. Director McClish confirmed that the sidewalk would be reduced in width to save the large tree. She also clarified that the project would not have to be re -bid. Action: Council Member Fellows moved to approve Item 8.m. as recommended. Council Member Costello seconded, and the motion passed on the following roll -call vote: AYES: Fellows, Costello, Guthrie, Ray, Ferrara NOES: None ABSENT: None Minutes: City Council /Redevelopment Agency Meeting Page 5 Tuesday, September 14, 2010 8.q. Consideration of Resolutions Approving, Authorizing and Directing Execution of Lease Purchase Financing Documents for Acquisition of 300 East Branch Street. [CC /RDA] Recommended Action: RDA Board: 1) Adopt a Resolution approving, authorizing and directing execution of certain lease- purchase financing documents and authorizing and directing related actions; City Council: 2) Adopt a Resolution approving, authorizing and directing execution of certain lease- purchase financing documents and authorizing and directing related actions; City Council: 3) adopt a United States Department of Agriculture Loan Resolution; and City Council: 4) approve amending the Capital Improvement Program to appropriate $855,000 from the sale of land to the City Hall project for the purchase of the property at 300 East Branch Street. Council Member Fellows requested a separate roll call vote on this item. Action: Council /Board Member Ray moved to approve staff's recommendation, which included the following Resolutions, as follows: "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE ARROYO GRANDE REDEVELOPMENT AGENCY APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE - PURCHASE FINANCING DOCUMENTS FOR THE ARROYO GRANDE REDEVELOPMENT AGENCY, AND AUTHORIZING AND DIRECTING RELATED ACTIONS "; "A RESOLUTION OF CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN LEASE - PURCHASE FINANCING DOCUMENTS AND AUTHORIZING AND DIRECTING RELATED ACTIONS "; "A UNITED STATES DEPARTMENT OF AGRICULTURE LOAN RESOLUTION; and amending the Capital Improvement Program to appropriate $855,000 from the sale of land to the City Hall project for the purchase of the property at 300 East Branch Street. Council /Board Member Costello seconded, and the motion passed on the following roll -call vote: AYES: Ray, Costello, Guthrie, Ferrara NOES: Fellows ABSENT: None 9. PUBLIC HEARINGS: None. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: 11.a. Consideration of Appeal Case No. 10 -001; Applicant: ln-N-Out Burger - Request for a Recessed LED Lighting System. Community Development Director McClish presented staff report and recommended the Council consider the applicant's appeal of the Planning Commission's denial of a request for a recessed LED lighting system and adopt an appropriate resolution related to its decision. Minutes: City Council /Redevelopment Agency Meeting Page 6 Tuesday, September 14, 2010 Jeff Emerick, Garing Taylor & Associates, representing the applicant, displayed photographs; provided an overview of the proposed recessed LED lighting; provided examples of existing businesses on W. Branch Street which have LED lighting; noted that buildings within the Five Cities Center are not allowed to have such lighting, and clarified that the In N Out building is not officially a part of the Five Cities Center; and requested the Council uphold the appeal and approve the proposed recessed LED lighting system. Council questions ensued regarding the proposed recessed LED lighting, and whether it could be limited to the freeway side of the building only. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Susan Flores, E. Branch Street, spoke in support of the proposal. Steve Ross, Garden St., referred to advantages of LED lighting, including lower costs, visually less intrusive; reduced light pollution, and noted they will become more and more part of the commercial segment. Upon hearing no further comments, Mayor Ferrara closed the public comment period. Brief discussion ensued regarding the trees along W. Branch Street and whether they could be pruned or shaped to reduce obstruction of the building. Director McClish responded that Council could direct staff to prune the trees. Council Member Costello commented that in comparison to neon lighting, LED lighting is better; had no problems with the LED lights as proposed; would support requiring the LED lighting on one side of the building facing the freeway; noted the lighting would increase visibility of the restaurant from the freeway; and supported the appeal. Council Member Ray stated that she did not see any reason to overturn a unanimous vote of the Planning Commission, and the trees could be trimmed to provide enough visibility from the freeway. Council Member Fellows commented that perception is everything and the In.N Out restaurant is a part of the Five Cities Center; believed the lighting provides visual clutter and light pollution; believes the lighting to be a detriment that would not help the building or the community; preferred to preserve the rural character of the City; and supported the Planning Commission's denial. Mayor Pro Tem Guthrie supported the Planning Commission's denial and stated he would not support the proposed lighting. Mayor Ferrara believed the indirect halo look is appealing; said he was not sure the building is that much higher than the existing trees; believed that the trees do obscure the building; did not believe this would set a precedent; that the CC &R's regarding lighting apply to the Five Cities Center and clarified that there are two other separate lots that are independent from the Center; Minutes: City Council /Redevelopment Agency Meeting Page 7 Tuesday, September 14, 2010 believed it would not lead to light pollution but would enhance the area; stated it would improve the overall look of the building; and supported installation of the recessed lighting. Action: Council Member Fellows moved to approve a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING AN APPEAL FILED BY IN -N-OUT BURGER AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF A REQUEST TO MODIFY EXTERIOR LIGHTING ELEVATIONS TO INCLUDE A RECESSED LED LIGHTING SYSTEM (APPEAL CASE NO. 10 -001 OF ARCHITECTURAL REVIEW CASE NO. 10 -002). Council Member Ray seconded, and the motion passed on the following roll call vote: AYES: Fellows, Ray, Guthrie NOES: Costello, Ferrara ABSENT: None 11.b. Consideration of Exclusive Negotiation Agreement with Legacy Hospitality for Purchase and Hotel Development at the Vacant Parcel Owned by the Redevelopment Agency at Faeh Street and El Camino Real. [CC /RDA] City Manager /Executive Director presented the staff report and recommended the Council /RDA Board approve the proposed Exclusive Negotiation Agreement with Legacy Hospitality for purchase and development of a hotel at the vacant parcel owned by the Redevelopment Agency at Faeh Street and El Camino Real. Mayor /Chair Ferrara invited comments from those in the audience who wished to be heard on the matter, and upon hearing none, he closed the public comment period. Council /Board questions ensued regarding proposed parking, if the project could meet the goals of the City's Green Corridor by being constructed as a green building; whether the project would receive any Redevelopment Agency assistance; and how the developer would prevent a similar situation from happening that has occurred with the Hampton Inn hotel project. Morgan Burkett, representative, responded that they have opened their first LEED certified hotel and they are a green oriented company; and briefly addressed similar projects they have been involved with. He also requested a change in the name of the contracting company from "Legacy Hospitality" to "Investel, Inc." Council comments ensued in support of the proposed Exclusive Negotiation Agreement and the applicant was encouraged to talk with the neighbors on Faeh Street early on in the process. Action: Mayor Pro TemNice Chair Guthrie moved to approve the proposed Exclusive Negotiation Agreement, as amended with a name change to Investel Inc., for purchase and development of a hotel at the vacant parcel owned by the Redevelopment Agency at Faeh Street and El Camino Real. Council /Board Member Costello seconded, and the motion passed on the following roll call vote: Minutes: City Council /Redevelopment Agency Meeting Page 8 Tuesday, September 14, 2010 AYES: Guthrie, Costello, Fellows, Ray, Ferrara NOES: None ABSENT: None Mayor /Chair Ferrara called for a break at 8:15 p.m. The Council reconvened at 8:25 p.m. 11.c. Consideration of Annual Local Sales Tax Appropriations and Allocation Report and 5 -Year Plan. City Manager Adams presented the staff report and recommended the Council: 1) Approve the proposed Annual Local Sales Tax Appropriations and Allocation Report; 2) Approve the proposed revised local sales tax appropriations for FY 2010 -11; and 3) Approve the proposed Local Sales Tax 5 -Year plan. He then responded to questions from Council. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Susan Flores, East Branch Street, commented on the delay of the improvements along the Paulding Wall; expressed concems about debris falling into the street during the rain; suggested putting the police station bond measure back on ballot as she thinks the public did not understand the measure and there needs to be more public education; and stated she did not see funds programmed to retrofit the public bathrooms. Hearing no further comments, Mayor Ferrara closed the public comment period. City Manager Adams clarified that the Paulding Wall was not a renovation project, it will be an extension of the wall for the purpose of erosion control; noted that it is a historical wall which has a number of complicated issues associated with it; and that both improvement projects are being delayed so they could be coordinated. He also noted that the City is working with the developer to upgrade the exterior of the public restrooms and clarified the use of City funds for the interior improvements. Brief discussion ensued regarding the many project accomplishments this year, including the West Branch resurfacing project and resurfacing of the streets around Arroyo Grande High School; a suggestion to clarify the specific timeframe in a Fiscal Year on the report; that the City is being fiscally responsible as it relates to the Pavement Management Program; some concern for the long term viability of the capital improvement program; acknowledgement that once the El Camino Real project is done all major street projects will be done; that grant money may be available in the future through SLOCOG; and support for the proposed Annual Report and 5- Year Plan. Action: Council Member Costello moved to approve the proposed Annual Local Sales Tax Appropriations and Allocation Report; approve the proposed revised local sales tax appropriations for FY 2010 -11; and approve the proposed Local Sales Tax 5 -Year plan. Council Member Fellows seconded, and the motion passed on the following roll call vote: Minutes: City Council /Redevelopment Agency Meeting Page 9 Tuesday, September 14, 2010 AYES: Costello, Fellows, Ray, Guthrie, Ferrara NOES: None ABSENT: None 11.d. Consideration of League of California Cities Annual Conference Resolutions. City Manager Adams presented the staff report and recommended the Council provide direction regarding City positions on the League of California Cities resolutions. Mayor Ferrara noted that Council Member Ray would be the primary delegate and recommended Mayor Pro Tem Guthrie as the Alternate. The Council concurred. Mayor Ferrara provided background information on the proposed annual Conference Resolutions of interest to the City and the Council provided feedback and direction to the voting delegate in support of Resolution No. 1 (League Bylaws Amendment), Resolution 3 (AB32/SB375), and Resolution No. 5 (Unfunded State Mandates). 12. CITY COUNCIL REPORTS: Mayor Ferrara requested, and the Council concurred, to postpone City Council reports until the next meeting. 13. CITY COUNCIL MEMBER ITEMS: None. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: None. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: Zeke Turley, AGP Video, explained that the Charter Communications connection was off -line briefly due to system upgrades, but it was now back up and running. 18. ADJOURNMENT Mayor /Chair Ferrara adjourned the meeting at 9:10 p.m. Minutes: City Council /Redevelopment Agency Meeting Page 10 Tuesday, September 14, 2010 Tony Ferra or /Chair ATTEST: /id4 KeIIy 4z4 o , City Clerk/Agency Secretary (Approved at CC Mtg 10-12-201o)