Minutes 2004-08-10
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, AUGUST 10, 2004
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor/Chair Ferrara called the Regular City CounciVRedevelopment Agency meeting to order at
7:08 p.m.
2. ROLL CALL
City CounciVRDA: CounciVBoard Members Runels, Lubin, Dickens, Costello and
Mayor/Chair Ferrara were present.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative
Services Wetmore, Chief of Police TerBorch, Director of Public Works
Spagnolo, Jnterim Director of FinanciaJ Services O'Reilly, and Community
Development Director Strong.
3. FLAG SALUTE
Kendra Kimlinger, representing Rotary CJub of Arroyo Grande, Jed the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Presentation of Mayor's Commendations to Kyle Perez and Paul Driggers.
Mayor Ferrara presented Mayor's Commendations to Kyle Perez and PauJ Driggers for restoring
a 1937 F-12 Tractor owned by the South County Historical Society and winning the Grand Prize
in the J.B. Dewar Tractor Restoration Contest heJd at the 2004 Mid-State Fair.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read in Title Only
CounciVBoard Member Costello moved, Mayor Pro TemlVice Chair Lubin seconded, and the
motion passed unanimously that all resolutions and ordinances presented at the meeting shall
be read in titJe onJy and all further reading be waived.
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
None.
8. CONSENT AGENDA
Council Member Runels requested that Jtem 8.i. be pulled for discussion.
Council Member Costello requested that Jtem 8.f. be pulled for discussion.
Mayor Ferrara asked if there were any members of the public that would like to comment on a
Consent Agenda item.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 10, 2004
PAGE 2
Robert Mack, Arroyo Grande, referred to Item 8.i., and stated he was a homeowner in the
BrambJes portion of the Berry Gardens subdivision and that Brambles homeowners would be
directly affected by approval of Final Tract Map 2505. He explained that the Brambles
homeowners association has 100% of the financial responsibility fordrainage basin maintenance
for the entire Berry Gardens subdivision. He expressed concern about connecting 47 new homes
to the drainage basin without permission of the Brambles homeowners. association. He
requested that an agreement or an alternative plan be identified before the Council authorizes
approvaJ of the FinaJ Map.
Brandon Stevenson, referred to Item 8.k. and stated he was affiliated with the "No on 68"
campaign. He thanked the Council for its consideration of the Resolution opposing Proposition
68.
John Mack, architect for S&S Homes, agreed with the concerns expressed by Robert Mack. He
indicated that S&S is in the process of conducting an area benefit study for the Berry Gardens
Basin and will be pursuing the creation of a maintenance district for the basin, which would
include all tracts within Berry Gardens.
Mayor Ferrara stated that he lived in Berry Gardens and asked for clarification before further
participating in this matter. He stated that if this issue was moving toward a homeowners
association fee applied throughout the Berry Gardens subdivision, he would have to step down
from this item.
Pam Dennv, in-house counsel for S&S Homes, provided clarification with regard to the conflict of
interest issue and explained that the current CC&R's would require Jasmine Place homeowners
to pay their proportionate share of the maintenance costs for the basin.
Mayor Ferrara closed public comment.
Council Member Runels moved, and Council Member Dickens seconded the motion to approve
Consent Agenda Jtems 8.a. through 8.k., with the exception of Items 8.1. and 8.i., with the
recommended courses of action. The motion carried on the following roll-call vote:
AYES: Runels, Dickens, Lubin, Costello, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period July 16, 2004 through
July 31, 2004.
8.b. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of July 31, 2004.
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council Meetings of July
27,2004 as submitted.
8.d. Consideration of Resolution Adopting Public Works Fees and Service Charges.
Action: Adopted Resolution No. 3769 approving the 2004-05 Public Works Field Division
Fees and Service Charges.
8.e. Consideration of Authorization to Solicit Bids for Public Works Vehicle.
Action: Authorize staff to solicit bids for the purchase of one 3,4-ton pick-up truck as
provided for in the FY 2004-05 Budget.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 10, 2004
PAGE 3
8.g. Consideration of an Award of Contract to Union Asphalt Company for the Valley
Gardens Paving Project, PW 2004-04.
Action: 1) Awarded a contract for the construction of the Valley Gardens Paving Project,
PW 2004-04, to Union Asphalt Company, in the amount of $213,692.80; 2) Authorized
the City Manager to approve change orders not to exceed the contingency of $21,369.00
for use only if needed for unanticipated costs during the construction phase of the project;
3) Directed staff to issue the Notice of Award and Notice to Proceed with other necessary
contract documents; and 4) Transferred $18,200.00 from the Wilton Place Project.
8.h. Consideration to Approve Final Parcel Map AG 03-0382; Subdividing One (1) Parcel
into Two (2) Parcels at 330 Tally Ho Road.
Action: Approved Final Parcel Map 03-0382, subdividing 0.43 acres into two (2) parcels,
each approximateJy 9,421 square feet.
8.j. Consideration of Authorization to Close City Streets and Use City Property for the
67th Annual Arroyo Grande Valley Harvest Festival, September 24-25, 2004.
Action: Adopted Resolution No. 3770 authorizing closure of City streets and use of City
property for the annual Arroyo Grande Valley Harvest Festival.
8.k. Consideration of Formal City Opposition to the Gaming Revenue Act of 2004
(Proposition 68).
Action: Adopted Resolution No. 3771 opposing the "Gaming Revenue Act of 2004",
known as Proposition 68.
8.f. Consideration to Reject All Bids for the James Way Microsurfacing Project, PW
2004-06.
Recommended Action: Reject all bids for the James Way Microsurlacing Project, PW
2004-06, due to funding constraints.
Council Member Costello asked staff to expJain the discrepancy between the construction bid
amounts and the engineer's estimate for the James Way microsurlacing project.
Director SpagnoJo expJained that unanticipated traffic controJ measures were the most costly
item, which contributed to the increase over the engineer's estimate for the project.
8.1. Consideration of Approval of Final Tract Map 2505; S&S Homes; Berry Gardens
Sub Area 2.
Recommended Action: Approve Final Tract Map 2505, subdividing 5.23 acres into forty-
eight (48) parceJs, containing forty-seven (47) residentiaJ parcels and one (1) parcel as a
common space park.
Council Member Runels asked how much Jonger Courtland Street was going to be closed.
Director Spagnolo responded until the end of the month and referred to the project architect for
additional information.
John Mack, S&S Homes, responded that at the end of this month, Courtland Street wouJd be
opened for pedestrian access. He indicated that it was possible that the street would be open to
traffic by the end of the month as well.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 10,2004
PAGE 4
Council Member Runels moved, and Council Member Costello seconded the motion to approve
Consent Agenda Items 8.L and 8.1., with the recommended courses of action.
There was further discussion on the history and background of the existing drainage basin and
the formation of a future maintenance district.
The motion carried on the following roll-call vote:
AYES: RuneJs, Costello, Dickens, Lubin, Ferrara
NOES: None
ABSENT: None
9. PUBUC HEARINGS
None.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Agreement to Contract for Phase II of a Retail Trade Area
Determination Study and Community RetaillD Program [COUNCIURDA].
City Manager/Executive Director Adams presented the staff report and recommended that the
City CounciVRedevelopment Agency Board authorize the City Manager/Redevelopment Agency
Executive Director to enter into an agreement with The Buxton Company to prepare Phase II of a
Retail Trade Area Determination Study and Community RetaillD Program.
Patricia Bell, representing The Buxton Company, gave a presentation of the results of Phase 1 of
the Retail Trade Area Analysis Study and responded to questions from Council regarding the
objectives of Phase II.
Mayor/Chair Ferrara opened up the item for public comment.
Fred Baur, Arroyo Grande, suggested that an In & Out Burger would be a wonderful addition to
the community.
Upon hearing no further public comments, Mayor/Chair Ferrara cJosed the public comment
period.
Following Council comments in support of the program, CounciVBoard Member Costello moved
to authorize the City Manager/Redevelopment Agency Executive Director to enter into an
agreement with The Buxton Company to prepare Phase II of a Retail Trade Area Determination
Study and Community RetaillD Program. CounciVBoard Member Dickens seconded the motion,
and on the following roll-call vote:
AYES: Costello, Dickens, Runels, Lubin, Ferrara
NOES: None
ABSENT.: None
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
AUGUST 10, 2004
PAGE 5
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
11.b. Consideration of Resolution Extending Hours for Restricted Parking from 3:00 p.m.
to 7:00 p.m. on Orchard Avenue, W. Cherry Avenue, California Street, Arroyo
Avenue, and Pilgrim Way.
Chief of Police T erBorch presented the staff report and recommended the Council adopt a
Resolution extending hours for restricted parking from 3:00 p.m. to 7:00 p.m. on Orchard
Avenue, West Cherry Avenue, California Street, Arroyo Avenue and Pilgrim Way. Chief
TerBorch then responded to questions from Council regarding the impact of the proposed action;
how the restricted parking is enforced; how the timeframe for restricted parking was determined;
and how exceptions for special events are handled.
Mayor Ferrara opened the item for public comment.
Herman Olave, W. Cherry resident, expressed concerns about parking issues and supported the
proposed extension of restricted parking to 7:00 p.m. and requested the American Legion
property not be incJuded.
Michael Leon, Cuesta College Coordinator, stated that no attempt had been made to notify Lucia
Mar Unified School District or Cuesta College of this issue and requested a continuance of the
item to formally respond.
Upon hearing no further public comments, Mayor Ferrara closed the public comment period.
Following Council comments acknowledging that there was a parking problem in this area, it was
agreed that it would be a benefit to continue the item in order to pursue informal discussions with
Lucia Mar and Cuesta regarding potentiaJ alternatives to the parking restrictions.
Mayor Pro Tem Lubin moved to continue the item to a date uncertain, Council Member Dickens
seconded the motion, and on the following roll-call vote:
AYES: Lubin, Dickens, Runels, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
12. CITY COUNCIL MEMBER ITEMS
None.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
None.
15. STAFF COMMUNICATIONS
None.
CITY COUNCIUREDEVElOPMENT AGENCY MINUTES
AUGUST 10, 2004.
PAGE 6
16. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
17. ADJOURNMENT
Mayor/Chair Ferrara adjourned the meeting at 8:45 p.m.
J~~/
Tony M. ar , Mayor/Chair
ATTEST:
t~~1I/jl)1UL-
Kelly W mor, Director of Administrative Servicesl
Deputy City Clerkl Agency Secretary
(Approved at CC Mtg Q-/4-o1>