Minutes 2010-10-26 MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 26, 2010
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Member Caren Ray, Council Member Joe Costello, Mayor Pro
Tem Jim Guthrie, and Mayor Tony Ferrara were present. Council Member
Chuck Fellows was absent.
City Staff Present: City Manager Steven Adams, City Attorney Timothy Carmel, Director of
Legislative and Information Services /City Clerk Kelly Wetmore, Chief of
Police Annibali, and Community Development Director Teresa McClish.
3. FLAG SALUTE
Cub Scout Pack 425, Webelos, 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.
Council Member Costello moved, Mayor Pro Tem 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.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Mike McConville, E. Branch Street, noted he had pictures of the demolition of the building
across the street, commented that he salvaged some bricks from the fa9ade of the building, and
commented that he was still not clear about the parking associated with the Re -Max Lease.
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.
Susan Flores, E. Branch Street, referred to Item 8.e. (Award of Contract to Nick E. Pokrajac,
Inc. for Construction of Tenant Improvements at 300 East Branch Street) and expressed
concern about the use of local sales tax funds; acknowledged income from Lease; stated that it
would take two years to pay back the fund; stated she would like to see a way around this
method of funding; and referred to the Police Department building still needing improvement.
Tim Moore, Fair Oaks Avenue, also referred to Item 8.e. and inquired about the funding and
whether the $296,000 was included in the original estimates.
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Tuesday, October 26, 2010
Hearing no further comments, Mayor Ferrara closed the public comment period.
Mayor Pro Tem Guthrie requested Item 8.e. be pulled for clarification.
Action: Council Member Ray moved, and Mayor Pro Tem Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.f., with the exception of Item 8.e., and including
the amended recommendation for Item 8.f. (Expenditure for the Newsom Springs Stone Culvert
Project), with the recommended courses of action. City Attorney Carmel noted that the
supplemental memo on Item 8.f. recommended the Council authorize an additional expenditure
of $5,000 for a total expenditure of up to $45,000. The motion passed on the following roll -call
vote:
AYES: Ray, Guthrie, Costello, Ferrara
NOES: None
ABSENT: Fellows
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period October 1, 2010 through
October 15, 2010.
8.b. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of September
30, 2010.
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council Meetings of
September 28, 2010, as submitted.
8.d. Consideration of Acceptance of the Myrtle Street Rehabilitation Project, PW 2010-
09.
Action: 1) Accepted the project improvements as constructed by Ferravanti Grading &
Paving in accordance with the plans and specifications for the Myrtle Street
Rehabilitation 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.f. Consideration of Expenditure for the Newsom Springs Stone Culvert Project.
Action: Authorized an expenditure of up to $45,000 for construction of the Newsom
Springs "stone culvert" drainage improvement connection project.
ITEMS PULLED FROM THE CONSENT AGENDA
8.e. Consideration of an Award of Contract to Nick E. Pokrajac, Inc. for Construction of
Tenant Improvements at 300 East Branch Street, Project PW 2010 -12.
Recommended Action: 1) Award a contract for construction of tenant improvements at
300 East Branch Street, including the Base Bid and Bid Alternate A, to Nick E. Pokrajac,
Inc. in the amount of $296,745.44; 2) Authorize the City Manager to approve change
orders not to exceed the 10% of the contract amount, $29,674, for unanticipated costs
during the construction phase of the project; 3) Find that the project is categorically
exempt from CEQA pursuant to Section 15301 (a); and 4) Direct the City Clerk to file a
Notice of Exemption.
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Tuesday, October 26, 2010
In response to a request by Mayor Pro Tem Guthrie, City Manager Adams explained the costs
associated with the project.
Action: Mayor Pro Tem Guthrie moved to: 1) Award a contract for construction of tenant
improvements at 300 East Branch Street, including the Base Bid and Bid Alternate A, to Nick E.
Pokrajac, Inc. in the amount of $296,745.44; 2) Authorize the City Manager to approve change
orders not to exceed the 10% of the contract amount, $29,674, for unanticipated costs during
the construction phase of the project; 3) Find that the project is categorically exempt from CEQA
pursuant to Section 15301 (a); and 4) Direct the City Clerk to file a Notice of Exemption.
Council Member Costello seconded, and the motion passed on the following roll call vote:
AYES: Guthrie, Costello, Ray, Ferrara
NOES: None
ABSENT: Fellows
9. PUBLIC HEARINGS:
9.a. Consideration of Development Code Amendment 10 -003; Rezone Two (2)
Properties at 188 and 194 North Elm Street from Single - Family to Gateway Mixed -
Use and One (1) Property at 704 Branch Mill Road from Agriculture to Residential
Rural.
Associate Planner Foster presented the staff report and recommended the Council introduce an
Ordinance approving Development Code Amendment 10 -003.
Mayor Ferrara noted that he had driven by the properties on N. Elm Street and requested that
staff verify the addresses as he did not see an address for 188 N. Elm Street.
Mayor Ferrara opened the public hearing.
Terry Fibich, Arroyo Grande resident, property owner of the North Elm Street properties, spoke
in support of the proposed rezoning.
Upon hearing no further comments, Mayor Ferrara closed the public hearing.
Brief Council comments ensued in support of the proposal to rezone the properties which would
result in consistency with the General Plan.
Action: Council Member Costello moved to introduce an Ordinance as follows: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDEAPPROVING
DEVELOPMENT CODE AMENDMENT 10 -003 TO AMEND THE ZONING MAP,
DESIGNATING TWO (2) PROPERTIES LOCATED AT 188 & 194 NORTH ELM STREET AS
GATEWAY MIXED -USE (GMU) AND ONE (1) PERPERTY LOCATED AT 704 BRANCH MILL
ROAD AS RESIDENTAIL RURAL (RR). Mayor Pro Tem Guthrie seconded, and the motion
passed on the following roll call vote:
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Tuesday, October 26, 2010
AYES: Costello, Guthrie, Ray, Ferrara
NOES: None
ABSENT: Fellows
10. CONTINUED BUSINESS:
10.a. Consideration of Brisco Interchange Alternative 4.
City Manager Adams presented the staff report and recommended the Council: 1) Approve
Alternative 4 to be included in the Project Approval and Environmental Document (PA &ED)
process; 2) Direct the consultants to prepare Caltrans design exception fact sheets and
supporting information for consideration; and 3) Direct staff to present an update of the Brisco
Interchange project to the Traffic Commission and publicly notice the meeting to provide an
opportunity for public input. He then introduced consultants Mark Rayback from Wood Rodgers,
Inc. and Tony Harris from Planning Company & Associates who would be giving presentations.
Tony Harris, representing Planning Company & Associates, gave a presentation which provided
an overview of previously approved Alternative 3B and the associated challenges that have
since been identified; and provided an update of steps completed since the May 11
presentation to Council.
Mark Rayback, representing Wood Rodgers, Inc., presented a project description for Alternative
4 and explained right -of -way issues associated with County -owned property and the parcel
owned by S. Patrick's School.
Mr. Harris concluded by providing an overview of the next steps in the process and then
elaborated on details for proposed auxiliary lanes at the request of Mayor Ferrara.
Consultants Harris and Rayback then responded to questions from Council regarding the
proposed hook ramps, design, and design exceptions.
Mayor Ferrara invited comment from those in the audience who wished to be heard on the
matter.
Susan Flores, E. Branch Street, inquired about the property that was designated for a new
police station.
John Keen, N. Elm Street, inquired whether this Alternative could include an extended auxiliary
lane on southbound Highway 101 as it approaches Halcyon Road.
Mayor Ferrara responded to public comments indicating that the City would be looking at
alternative locations for a new police station site, and that CalTrans would be proposing a
project on southbound Highway 101 that would include lane improvements.
Upon hearing no further public comments, Mayor Ferrara closed the public comment period.
Council comments ensued in support of Alternative 4; acknowledgement that a tremendous
amount of work has been done on this proposal; that the project has been in progress for a long
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Tuesday, October 26, 2010
time; that this is the closest the City has come to receiving approval from Caltrans on a project;
and that the City is at an advantage for STIP funding because of the City's significant financial
contribution to the proposed project.
Action: Council Member Costello moved to: 1) Approve Alternative 4 to be included in the
Project Approval and Environmental Document (PA &ED) process; 2) Direct the consultants to
prepare Caltrans design exception fact sheets and supporting information for consideration; and
3) Direct staff to present an update of the Brisco Interchange project to the Traffic Commission
and publicly notice the meeting to provide an opportunity for public input. Council Member Ray
seconded, and the motion passed on the following roll call vote:
AYES: Costello, Ray, Guthrie, Ferrara
NOES: None
ABSENT: Fellows
11. NEW BUSINESS:
11.a. Consideration to Approve Construction Plans and Specifications, Environmental
Determination, and Tree Removal for the El Camino Real Rehabilitation and
Enhancement Project, PW 2008 -09.
Community Development Director McClish presented the staff report and recommended the
Council: 1) Approve the construction plans and specifications for the El Camino Real
Rehabilitation and Enhancement Project, PW 2008 -09; 2) Authorize staff to advertise for
construction bids upon receipt of Fund Allocation from the California Transportation Commission
and Authorization to Proceed with Construction from Caltrans; 3) Direct staff to remove
impacted trees prior to project construction so that tree removal activities are conducted outside
the bird nesting season; 4) Find that El Camino Real Rehabilitation and Enhancement Project is
categorically exempt from CEQA pursuant to Sections 15301(c) and 15303(d); and 5) Direct the
City Clerk to file a Notice of Exemption.
Staff responded to questions from Council concerning right -or -way issues, parking spaces at the
Park & Ride Lot, and crosswalk issues as it relates to public safety and Police Department
recommendations.
Mayor Ferrara invited comment from those in the audience who wished to be heard on the
matter, and upon hearing none, he closed the public comment period.
Council comments ensued in support of the capital improvement project; further clarification
concerning advantages and disadvantages of the uncontrolled crosswalks; that the crosswalk
issue could be revisited later by removal or modification; support for the inclusion of Class II
bike lanes; and a suggestion for placement of caution lights near the crosswalks during peak
hours.
Action: Council Member Costello moved to: 1) Approve the construction plans and
specifications for the El Camino Real Rehabilitation and Enhancement Project, PW 2008 -09; 2)
Authorize staff to advertise for construction bids upon receipt of Fund Allocation from the
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Tuesday, October 26, 2010
California Transportation Commission and Authorization to Proceed with Construction from
Caltrans; 3) Direct staff to remove impacted trees prior to project construction so that tree
removal activities are conducted outside the bird nesting season; 4) Find that El Camino Real
Rehabilitation and Enhancement Project is categorically exempt from CEQA pursuant to
Sections 15301(c) and 15303(d); and 5) Direct the City Clerk to file a Notice of Exemption.
Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll call vote:
AYES: Costello, Guthrie, Ray, Ferrara
NOES: None
ABSENT: Fellows
12. CITY COUNCIL REPORTS:
(a) MAYOR TONY FERRARA:
(1) San Luis Obispo Council of Governments /San Luis Obispo Regional
Transit Authority (SLOCOG / SLORTA). Announced that adoption of the
Regional Transportation Plan and the Sustainable Community Strategies
(SCS) required under SB 375 are scheduled for the December 8'
meeting, as well as certification of the EIR as it relates to the SCS;
announced that SLOCOG's Annual Report is available online at
www.slocoq.orq; announced that SLORTA meets tomorrow.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Met
with the District Administrator and conducted a tour of the Plant and a
briefing for the Grand Jury; announced the District Board is in the process
of reviewing the budget cuts of approximately $300,000 due to significant
reduction in sewer hook -up fees (average of 235 -260 hook - ups /year two
and three years ago as compared to 2 hook -ups so far this fiscal year);
will have a balanced budget; however, the goal is not to raise sewer
rates.
(3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee.
Received presentation and update earlier this evening.
(4) Other. None.
(b) MAYOR PRO TEM JIM GUTHRIE:
(1) South County Area Transit (SCAT). Reported that there is a flattening
out of the drop in ridership and starting to see an increase over last year;
reported that although revenues were down considerably, the agency was
able to control costs this year and there will be a surplus of $35,000 going
into next year; reported that every 10 years, the agency must issue an
operations report and recommended that anyone who rides the bus to
attend meetings and /or submit public comments.
(2) Community Action Partnership. Meets on Thursday where the major
topic will be the homeless center plan for San Luis Obispo and whether
CPSLO will be a major partner.
(3) Homeless Services Coordinating Council (HSOC). Has met to discuss
a number of items including a Federal tracking system for homeless
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Tuesday, October 26, 2010
.... services in the area and is a key component for receiving Federal
funding.
(4) Tourism Committee. Reported that the recent Savor event was very
successful.
(5) Other. None.
(c) COUNCIL MEMBER JOE COSTELLO
(1) Zone 3 Water Advisory Board. Has not met since the last report. Mayor
Ferrara noted that there have been discussions about changing the Zone
3 Advisory Board from an advisory board to a decision making regulatory
board and a letter was sent to the Board of Supervisors regarding this
matter about a month ago.
(2) Air Pollution Control District (APCD). Has not met since the last report.
(3) Other. Reported that the Five Cities Fire Authority held a recent event
and ceremony to issue badges to all personnel.
(d) COUNCIL MEMBER CHUCK FELLOWS: (ABSENT)
(1) Integrated Waste Management Authority Board (IWMA).
(2) County Water Resources Advisory Committee (WRAC).
(3) Other. None.
(e) COUNCIL MEMBER CAREN RAY:
(1) California Joint Powers Insurance Authority (CJPIA). Reported that
the CJPIA met last month to discuss routine financial matters.
` (2) Economic Vitality Corporation (EVC). 1) Reported on meeting last
week to receive debriefing on the Central Coast Savor event and the
economic impact it had on the County, that planning is already underway
for next year's event, and reported on benefits received based on money
spent on media exposure; 2) Received status report on the San Luis
Obispo Airport service level; and 3) Next Friday, November 5 is the San
Luis Obispo Economic Forecast.
(3) Other. None.
13. CITY COUNCIL MEMBER ITEMS:
a) Request to Schedule Public Budget Workshops. (GUTHRIE)
Mayor Pro Tem Guthrie requested, and the Council concurred, to direct staff to bring back on a
future Agenda discussion about scheduling public workshops for setting budget goals.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
None.
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Tuesday, October 26, 2010
16. STAFF COMMUNICATIONS:
City Manager Adams announced that Halloween in the Village would occur on Sunday, October
31 from 3:00 to 5:00 p.m.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
Mike McConville, E. Branch Street, announced the Jazz Festival to be held this weekend in
Pismo Beach. He also commented that there was no place for RV parking in the City and
suggested the use of redevelopment funds to create RV parking in the City.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 8:30 p.m. in honor and memory of former Council
Member Matt Gallagher, who recently passed away.
Tony Fer ayor
ATTEST: J
— / / / i `f'[� U0'
Kelly Wet or City Clerk
(Approved at CC Mtg /l /q /Zv /O )