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)