Minutes 2006-12-12
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, DECEMBER 12, 2006
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
7:00 p.rn.
2. ROLL CALL
City Council/RDA:
Council/Board Members Chuck Fellows. Joe Costello, Jim Guthrie, Mayor
Pro TemNice Chair Ed Arnold and Mayor/Chair Tony Ferrara were
present
City Staff Present:
City Manager Steven Adams, City Attorney Tim Carmel, Director of
Administrative Services/City Clerk Kelly Wetmore, Director of Financial
Services Angela Kraetsch, Police Commander Craig Hendricks, and
Director of Community Development Rob Strong.
3. FLAG SALUTE
Dave Sanchez, representing Knight of Columbus, led the Flag Salute.
4. INVOCATION
Retired Pastor Richard Scharn delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
Mayor Ferrara remembered Mr. Don Talley, who recently passed away, noting that he was a
prominent member of the community, had served on the City's Parks and Recreation
Commission in the late 1960's, had served on the City Council as a Council Member and then
as Mayor, and noted that tonight's meeting would be adjourned in his memory.
6.a. Ordinances Read in Title Only.
Council Member Costello' moved, Mayor Pro Tem Arnold 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 Lloyd, AGP Video, encouraged the public to contact them at 772-2715 if they noticed any
problems with the City's government access channel.
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. There were no public comments received.
Council Member Guthrie pulled Item a.j. for clarification.
Mayor Pro Tem Arnold pulled Item a.e. for separate roll call vote.
Mayor Ferrara pulled Item a.h. for comment
f'tfinutes: City Council/Redevelopment Agency Meeting
Tuesday, December 12,2006
Page 2
Action: Council/Board Member Costello moved, and Council/Board Member Guthrie seconded
the motion to approve Consent Agenda Items 8.a. through 8.k., with the exception of Items 8.e.,
8.h. and 8.j., with the recommended courses of action. The motion passed on the following roll-
call vote:
AYES:
NOES:
ABSENT:
Costello, Guthrie; Fellows, Arnold, Ferrara
None
None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period November 16, 2006
through November 30, 2006.
8.b. Consideration of Acceptance of the Redevelopment Agency's (RDA) Annual
Financial Reports. [COUNCIURDA]
Action: Received and filed the RDA's Annual Financial Reports for the Fiscal Year
ended June 30, 2006.
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Redevelopment Agency
Meeting of October 24, 2006, as submitted.
8.d. Consideration of Salary Adjustments for Management Employees.
Action: Adopted Resolution No. 3980 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING SALARY
ADJUSTMENTS FOR MANAGEMENT EMPLOYEES FOR FY 2006-07".
8.t. Consideration to Award a Contract to R.J. Myers & Co. for Removal and
Replacement of the Diesel Underground Dispenser Containment Pan.
Action: Awarded contract to R.J. Myers & Co. Inc., for the removal and replacement of
the diesel underground dispenser containment pan (UDC) in the amount of $13,300.00.
8.g. Consideration of a Consultant Services Agreement with FIRMA for the
Environmental Review of the Newsom Springs Regional Drainage Project.
Action: Approved a consultant services agreement with Firma in the amount of $75,675
for the environmental review of the Newsom Springs Regional Drainage Project and
authorized the Mayor to execute the Agreement.
8.i. Consideration of Authorization to Purchase Replacement Police Radio
Transmitters and Receivers.
Action: Authorized staff to purChase replacement radio transmitters and receivers for
the Police Department from Sterling Communications for $38,965.
8.k. Consideration of Approval of Temporary Employment Agreement - Director of
Building and Fire.
Action: Approved and authorized the City Manager to execute a Temporary
Employment Agreement between the City of Arroyo Grande and Terry Fibich.
Mayor Pro Tem Arnold noted he was absent from the last meeting and he would abstain from
voting on Item 8.e.
8.e. Consideration of Adoption of a Resolution Upholding an Appeal of the Planning
Commission's Approval of Conditional Use Permit 06-005; 231 South Halcyon
Road.
Minutes: City Council/Redevelopment Agency Meeting
. Tuesday, December 12, 2006
Page 3
Recommended Action: Adopt Resolution upholding an appeal of the Planning
Commission's approval of Conditional Use Permit 06-005 and approving Conditional
Use Permit 06-005 as modified.
Action: Council Member Costello moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Item 8.e. with the recommended course of action. The motion
passed on the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Costello, Guthrie, Fellows, Ferrara
None
None
Arnold
Resolution No. 3981 was adopted as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING AN APPEAL OF THE
PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 06-005
AND APPROVING CONDITIONAL USE PERMIT 06-005 AS MODIFIED; LOCATED
AT 231 SOUTH HALCYON ROAD; APPLIED FOR BY JEFF HOLLISTER".
8.h. Consideration of Establishing a Capital Improvement Project Budget for the East
Branch Streets cape Improvements and Authorizing Development of Preliminary
Plans and Cost Estimates by RRM Design Group.
Recommended Action: 1) Establish a capital improvement project budget for the East
Branch Streetscape Improvements; and 2) Authorize RRM Design Group to prepare
preliminary plans and cost estimates for the project.
In response to a question from Mayor Ferrara regarding the Highway 227 relinquishment issue,
City Manager Adams explained that the proposal was to authorize RRM Design Group to
proceed with design of the streetscape project and in January the plans would then be brought
to the Council which would include a request for direction regarding the relinquishment.
Action: Mayor Ferrara moved, and Mayor Pro Tem Arnold seconded the motion to approve
Consent Agenda Item 8.h. with the recommended course of action. The motion passed on the
following roll call vote:
AYES:
NOES:
ABSENT:
Ferrara, Arnold, Fellows, Costello, Guthrie
None
None
8.j. Consideration of Safe Routes to Schools Project Applications.
Recommended Action: Adopt Resolution authorizing Community Development to file
three Safe Routes to Schools Applications for sidewalk improvements: 1) Near Paulding
Middle School at Crown Hill Street and Corbell Canyon Road/227; 2) Near Ocean View
Elementary School, Montego Ave; and 3) Near Harloe Elementary School, Farroll Ave.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, December 12,2006
Page 4
In response to a question from Council Member Guthrie about the application process. Director
Strong replied that staff would be submitting three separate grant applications. Discussion
ensued regarding the timelines for application and notification as it relates to scheduled capital
projects occurring in 2007.
Action: Council Member Guthrie moved. and Council Member Costello seconded the motion to
approve Consent Agenda Item 8.j. with the recommended course of action. The motion passed
on the following roll-call vote:
AYES:
NOES:
ABSENT:
Guthrie, Costello, Fellows, Arnold. Ferrara
None
None
Resolution No. 3982 was adopted as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THREE (3) 2007-08
SAFE ROUTES TO SCHOOL PROGRAM PROJECT APPLICATIONS FOR PROPOSED
SIDEWALK IMPROVEMENTS NEAR PAULDING MIDDLE SCHOOL, OCEANVIEW
ELEMENTARY SCHOOL AND HARLOE ELEMENTARY SCHOOL".
9. PUBLIC HEARINGS
Mayor Ferrara requested, and the Council co.ncurred, to move public hearing item 9.c up on the
Agenda for consideration prior to item 9.a.
9.c. Consideration of Request for Continuance of Development Code Amendment
Case No. 04-005B, and General Plan Amendment 06-004, Amendments to Title 16
of the City of Arroyo Grande Municipal Code.
Community Development Director Strong requested the Council open the public hearing and
take public comment and then continue the item to the January 9. 2007 City Council Meeting.
Mayor Ferrara opened the publiC hearing. No public comments were received.
Council Member Costello moved to continue the pUblic hearing to the Regular City Council
Meeting of January 9, 2006. Mayor Pro Tem Guthrie seconded. and the motion passed on the
following roll call vote:
AYES:
NOES:
ABSENT:
Costello. Guthrie. Fellow. Arnold, Ferrara
None
None
9.a. Consideration of Preliminary Approval of Community Development Block Grant
(CDBG) Projects for Year 2007.
Assistant Planner Bergman presented the staff report and recommended the Council provide
preliminary approval of proposed projects to be funded with the City's allocation of CDBG funds
for the Year 2007.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, December 12, 2006
Page 5
Mayor Ferrara opened the public hearing and invited comments from those in the audience who
wished to be heard on the matter.
The following members of the pUblic addressed the Council, thanking them for consideration of
each funding request and briefly spoke about their respective organizations:
Anna BoYd-Bucv, representing Big Brothers/Big Sisters
Carol Florence, representing Big Brothers/Big Sisters
Sheri Neil, representing Lifesteps
Wanda McFarlane, representing Caring Callers
No further public comments were received and Mayor Ferrara closed the public hearing.
Council Member comments included support for the proposed . projects to be funded with the
City's allocation of CDBG funds; noted all the organizations represent worthy causes; noted that
Harvest Bag has consolidated with the Food Bank; support of the ongoing plan to improve the
City's public restroom facilities and ADA access at various parks; and support for continued
funding for the City's Fayade Improvement program, especially along E. Grand and the Village.
Action: Council Member Costello moved to provide preliminary approval of the proposed
projects to be funded with the City's allocation of CDBG funds for the Year 2007. Council
Member Fellows seconded, and the motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Costello, Fellows, Guthrie, Arnold, Ferrara
None
None
9.b. Consideration of Amended Conditional Use Permit 06-004 and Planned Sign
Program 06-001 to Establish a Chili's Restaurant in "Building M" of the Five Cities
Center (Formerly Vigneto's)
Council Member Fellows announced that when he was on the Planning Commission a few
weeks ago, he had participated in this agenda item and the Commission made a
recommendation to the Council. As a result, to ensure a fair hearing and to avoid any
appearance of impropriety, he will step down. Council Member Fellows left the room.
Assistant Planner Bergman presented the staff report and recommended the Council adopt a
Resolution approving Amended Conditional Use Permit 06-004 and Planned Sign Program 06-
001 to establish a Chili's Restaurant in "Building M" of the Five Cities Center. He responded to
questions from Council regarding the proposed signs, specifically details concerning neon signs.
Mayor Ferrara opened the public hearing, inviting the applicant or representative to address the
Council first.
Carol Florence, Principal Planner, Oasis Associates, representing Brinker International and
Chili's Restaurant, noted that Chris Donner from Brinker International was present to answer
any questions the Council may have. Ms. Florence respectfully requested approval of the
Amended Conditional Use Permit and Planned Sign Program and requested one change to
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, December 12,2006
Page 6
condition #g to extend the construction hours to Sunday, which could be limited to interior work
on the building. In addition, she gave a Five Cities Center update as it relates to the application
for Pad I which has been submitted to the City; the applicant is working on the design of the
traffic mitigation measures; and construction documents are being prepared.
Chris Donner, Property Development Manager for Brinker International, thanked the Council for
its consideration; stated that Chili's is excited to locate in Arroyo Grande; and noted that Chili's
does not typically like to remodel an existing building. He addressed the concerns expressed
about neon signs, noting that technology has advanced and they have not experienced any
safety issues. In response to a question from Mayor Ferrara, Mr. Donner replied that the
restaurant does not have a meeting room. Mayor Pro Tem Arnold suggested to Mr. Brinker that
they include an outdoor seating/waiting area.
There were no further public comments received, and Mayor Ferrara closed the public hearing.
Council Member Guthrie provided the following comments:
Supported request for extended hours due to location being in a commercial zone;
Expressed concern about sufficient parking; however, he acknowledged the parking meets
the development standards;
Supports project as proposed.
Council Member Costello provided the following comments:
Believes there will be a parking problem;
Supported extending interior construction hours from 7.00 a.m. to 7:00 p.m. and on Sunday
for interior work only;
Not concerned about proposed neon sign;
Supports project as proposed.
Mayor Pro Tern Arnold provided the following comments:
Ok with neon signs;
Supports extended construction hours;
Acknowledged parking will be tight; however, it is by design only as there are enough
spaces; additional parking will be available in the evening at the adjacent financial office;
Ok with size of signs;
Concerned with light pollution;
Supports project.
Mayor Ferrara provided the following comments:
Concerned about impact of construction noise to Rancho Grande residents;
Ok with 7:00 a.m. to 7:00 p.m. Monday-Friday; Ok on Sunday for interior modifications only;
Sign size is ok; noted that restaurant will be successful regardless of signs;
Suggested architectural feature under neon sign;
Stressed the importance of re-evaluating traffic and parking impacts once restaurant is in
business;
Noted that traffic improvements were to be incrementally installed prior to Pad I; intent was
to implement improvements progressively;
Supports project.
Minutes: City Council/Redevelopment Agency Meeting
Tuesday, December 12,2006
Page 7
Action: Mayor Pro Tem Arnold moved to adopt a Resolution as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED
CONDITIONAL USE PERMIT CASE NO. 06-004 AND PLANNED SIGN PROGRAM CASE
NO. 06-001, LOCATED AT 925 RANCHO PARKWAY; APPLIED FOR BY BRINKER
INTERNATIONAL (CHILI'S)" as amended to modify condition #9 regarding the hours of
construction from 7:00 a.m. to 7:00 p.m. Monday through Friday; until 7:00 p.m. on Saturday;
from 8:00 a.m. to 6:00 p.rn. on Sunday; that the hours may be reviewed and revised based on
noise related complaints; that the Architectural Review Committee has final determination on
sign sizes; and that the applicant shall comply with regulations established by the City requiring
lighted signage to be turned off at specified hours. Council Member Guthrie seconded, and the
motion passed on the following roll call vote:
AYES:
NOES:
ABSENT:
Arnold, Guthrie, Costello, Ferrara
None
Fellows (recused)
Council Member Fellows returned and took his place at the dais.
10. CONTINUED BUSINESS ITEMS
None.
11. NEW BUSINESS ITEMS
11.a. Consideration of Appointment of Council Members to Various Regional Boards,
Commissions, and Committees
City Manager Adams presented the staff report and recommended the Council make
appointments to those regional boards, commissions, and committees with Council
representation.
Mayor Ferrara invited public comments on this item. No public comments were received.
The following appointments to regional boards, commissions, and committees were discussed
and assigned:
AGENCY
PRIMARY
SECONDARY
South County Area Transit (SCAT)
Staff Representative: City Manager
Jim Guthrie
Chuck Fellows
Council of Governmentsl
Regional Transit Authority
(SLOCOGIRT A)
Staff Representative: Public Works Director!
Community Development Director
Tony Ferrara
Joe Costello
Minutes: City Council/Redevelopment Agency Meeting Page 8
Tuesday, December 12,2006
AGENCY PRIMARY SECONDARY
City Selection Committee (Mayors) Tony Ferrara Ed Arnold
Staff Representative: Not Applicable
South San Luis Obispo County Tony Ferrara Ed Arnold
Sanitation District (SSLOCSD)
Staff Representative: Not Applicable
Integrated Waste Management Ed Arnold Chuck Fellows
Authority Board (IWMA)
Staff Representative: Community
Development Director
Zone 3 Water Advisory Board Joe Costello Ed Arnold
Staff Representative: Public Works Director
County Water Resources Chuck Fellows Jim Guthrie
Advisory Committee (WRAC)
Staff Representative: Public Works Director
Economic Vitality Corporation Ed Arnold Jim Guthrie
(EVC)
Staff Representative: City Manager/
Economic Development Director
Air Pollution Control District Joe Costello N/A
Board (APCD)
Staff Representative: Not Applicable
South County Youth Coalition Chuck Fellows Jim Guthrie
Staff Representative: Chief of Police/
Director of Parks, Recreation and Facilities
California Joint Powers Insurance Jim Guthrie Staff Representative
Authority (CJPIA)
Staff Representative: City Manager/
Human Resources Manager
Fire Oversight Committee Joe Costello Jim Guthrie
Staff Representative: City Manager/Fire Chief
Brief discussion ensued regarding an Ad-hoc approach for sending City representatives to Village
Improvement Association and E. Grand Merchants Association meetings.
Action: Council Member Costello moved to approve the appointments to the regional boards,
commissions, and committees, Mayor Pro Tem Arnold seconded the motion, and the motion
carried unanimously by voice vote.
Minutes: City CounciVRedeveJopment Agency Meeting
Tuesday, December 12,2006
Page 9
12. CITY COUNCIL MEMBER ITEMS
None.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
Council Member Fellows inquired whether the Council would be interested in starting the
Council meetings at an earlier hour. There was consensus of the Council to direct staff to place
the matter on a future agenda for discussion.
15. STAFF COMMUNICATIONS
City Manager Adams reminded the Council and the public that the Regular Meeting scheduled
for December 261h has been cancelled.
16. COMMUNITY COMMENTS AND SUGGESTIONS
None.
17. ADJOURNMENT
Mayor/Chair Ferrara adjourned the meeting at 8:50 p.m.
Tony Ferrara
t..
ATTEST:
Lf/ ...1 if I.,'.,
'~i!xL, I/! (!( \( IIH,IL-L
Kelly Wet'mo~J;City Clerk/Agency Secretary
(Approved at CC Mtg {- t; - ) 00''7 )