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Minutes 2011-03-08 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, MARCH 8, 2011 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 7:01 p.m. 2. ROLL CALL City Council /RDA: Council /Board Member Joe Costello, Council /Board Member Jim Guthrie, Council /Board Member Tim Brown, Mayor Pro TemNice Chair Caren Ray, and Mayor /Chair Tony Ferrara were present. City Staff Present: City Manager /Executive Director Steven Adams, City Attomey Timothy Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Building Official Johnathan Hurst, Associate Planner Ryan Foster, Associate Planner Kelly Heffernon, and Community Development Director Teresa McClish. 3. FLAG SALUTE 1 Peggy Hoobery, representing Arroyo Grande Rotary Club, led the Flag Salute. 4. INVOCATION Mayor Ferrara delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring 2011 as a Year of Celebration of the 100 Year Anniversary of California Women Having the Right to Vote in the City of Arroyo Grande. Mayor Pro Tem Ray read and presented the Proclamation to Colleen Ehrenberg, a representative from the League of Women Voters. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council /Board Member Brown 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 The following members of the public spoke during Citizens' Input, Comment and Suggestions: Patty Welsh, Pradera Court; Richard Duffin, Arroyo Grande resident; and Brad Snook and Jeff Pinock representing Surfriders Foundation. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. Speaking from the public was Patty Welsh regarding Item 8.d. There were no other comments received, and the public comment period was closed. Minutes: City Council /Redevelopment Agency Regular Meeting Page 2 Tuesday, March 8, 2011 i Action: Council /Board Member Costello moved, and Council /Board Member Brown seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Costello, Brown, Guthrie, Ray, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period February 16, 2011 through February 28, 2011. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council /Redevelopment Agency meeting of February 8, 2011, the Special City Council Meeting of February 22, 2011, and the Regular City Council /Redevelopment Agency Meeting of February 22, 2011, as submitted. 8.c. Consideration of Award of Bid for the Plumbing Retrofit Program. Action: 1) Awarded the Plumbing Retrofit Bid to Waterboys Plumbing, Inc. in the amount of $103,770.00; 2) Authorized the Mayor to execute the contract; and 3) Directed staff to issue the Notice of Award and Notice to Proceed along with other necessary contract documents. 8.d. Consideration of an Award of Contract to Brough Construction, Inc. for Construction of the Le Point Street Improvements and Parking Lot Expansion Project, PW 2011 -02. Action: 1) Awarded a contract for the Le Point Street Improvements and Parking Lot Expansion Project to Brough Construction, Inc. in the amount of $501,038.75; and 2) Authorized the City Manager to approve change orders for approximately 15% of the contract amount, $75,000.00, for unanticipated costs during the construction phase of the project; and 3) Appropriate $320,000 in Redevelopment Agency funds for the le Point Street Improvements and Parking Lot Expansion Project. 8.e. Consideration of FY 2011 -12 and 2012 -13 Budget Goals and Priorities. Action: Approved proposed budget goals and priorities for FY 2011 -12 and FY 2012 -13. 8.f. Consideration of a Retainer Agreement with Phillips & Cohen LLP and Day Pitney LLP in Connection with the City's Participation in United States and State of California Et Al. Ex Rel. Hendrix V. J -M Manufacturing Co., Et Al. as a Real Party in Interest. Action: Approved and authorize the City Manager to execute a Retainer Agreement with Phillips & Cohen LLP and Day Pitney LLP in connection with the City's participation in United States and State of California et al. ex rel. Hendrix v. J -M Manufacturing Co., et al. as a Real Party in Interest. 8.g. Consideration of a Resolution Accepting Easements for the El Camino Real Rehabilitation and Enhancement Project, PW 2008 -09. Action: Adopted Resolution No. 4344 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING SLOPE EASEMENT DEEDS FOR THE EL CAMINO REAL REHABILITATION AND ENHANCEMENT PROJECT, PW 2008 -09 ". Minutes: City Council/Redevelopment Agency Regular Meeting Page 3 Tuesday, March 8, 2011 9. PUBLIC HEARINGS 9.a. Consideration of Community Development Block Grant Projects for Year 2011. Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution approving CDBG Project funds for Year 2011. Mayor Ferrara opened the public hearing. Speaking from the public in support of staffs recommendations were Pearl Munick, representing Transitional Food and Shelter; Carol Florence, representing Big Brothers Big Sisters; Maria Torres, representing Mission Community Services Corporation; Camay Arad, representing Chameleon Fine Furniture and speaking on behalf of Mission Community Services Corporation; Stephane Michel, representing CAPSLO Homeless Services; and Laura Mohajer representing Alliance for Pharmaceutical Access. There were no other comments received, and the public hearing was closed. Action: Council Member Costello moved to adopt a Resolution, as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS FOR YEAR 2011". Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Brown, Ray, Ferrara NOES: None ABSENT: None Mayor Ferrara declared a conflict of interest relating to Items 9.b., 9.c., and 9.d. due to ownership of real property within 500 feet of the proposed project, stepped down from the dais, and left the meeting. Mayor Pro Tem Ray took over as Presiding Officer. 9.b. Consideration of Specific Plan Amendment 10 -001; Amend the Berry Gardens Specific Plan as it Relates to Development of Subareas 3 and 4;. Location - Southwest Corner of East Grand Avenue and South Courtland Street;— Applicant: NKT Commercial. Community Development Director McClish referred to correspondence received today from the applicant and included in the Supplemental Memorandum distributed to Council regarding Items 9.b. and 9.c. which requests the Council limit consideration of the Specific Plan Amendment to Subarea 4 for the Peoples Self Help Housing project and continuing Item 9.c. (Subarea 3) to a date uncertain. Associate Planner Foster presented the staff report and provided an Alternative recommendation to adopt the Mitigated Negative Declaration and adopt a revised Resolution with a revised Exhibit B designating Subarea 3 as an unplanned area and establishing development standards for Subarea 4 only. Staff responded to questions from Council. Mayor Pro Tem Ray opened the public hearing. Speaking from the public were Nick Tompkins, applicant, representing NKT Commercial; and asking for clarification about the proposal were Richard Duffin; Benadene Duffin; Russell Read representing Cookie Crock Warehouse; John Minutes: City Council/Redevelopment Agency Regular Meeting Page 4 Tuesday, March 8, 2011 Mack; and Beth Stepnitz. There were no other comments received, and the public heating was closed. Action: Council Member Brown moved to adopt a Resolution, as modified, as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING SPECIFIC PLAN AMENDMENT 10 -001; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND AVENUE AND SOUTH COURTLAND STREET; APPLIED FOR BY NKT COMMERCIAL ". Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Costello, Ray NOES: None ABSENT: Ferrara 9.c. Consideration of Tentative Parcel Map 10 -001 and Conditional Use Permit 10 -001; Subdivide 4.47 Acres into Four (4) Parcels of 0.51, 0.59, 2.56, and 0.57 Acres and Construct Four (4) Commercial Buildings of 5,800, 6,767, 35,786 and 5,700 Square - feet Respectively; Location - Southwest Corner of East Grand Avenue and South Courtland Street - Applicant: NKT Commercial. As noted earlier, the applicant requested a continuance of Item 9.c. to a date uncertain. Action: Council Member Brown moved to continue Item 9.c. to a date uncertain. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Costello, Ray NOES: None ABSENT: Ferrara 9.d. Consideration of Conditional Use Permit 10 -003; Construct a Thirty -Six (36) Unit Apartment Complex on 1.63 Acres; Location - Southwest Corner of East Grand Avenue and South Court land Street; Applicant - Peoples' Self Help Housing Corporation and Affordable Housing and Loan Agreement. [COUNCIL/RDA] Associate Planner Foster presented the staff report and recommended the Council adopt a Resolution approving Conditional Use Permit 10 -003 to construct a thirty -six unit apartment complex on 1.63 acres. In addition, staff recommended that the Redevelopment Agency Board of Directors adopt a Resolution approving an Affordable Housing and Loan Agreement and authorize the Executive Director to execute the Agreement. Mayor Pro Tem Ray opened the public hearing. Speaking from the public in support of the project were Scott Smith and Bruce Frasier, representing Peoples' Self Help Housing. Other members of the public who spoke and expressed concerns about the project were Jeff Buhler; John Mack; Carla Wiley; Barbara White; and Wendy Beckham. There were no other comments received, and the public hearing was closed. Action: Council Member Brown moved to adopt a Resolution, as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 10 -003; LOCATED AT THE SOUTHWEST CORNER OF EAST GRAND Minutes: City Council /Redevelopment Agency Regular Meeting Page 5 Tuesday, March 8, 2011 AVENUE AND SOUTH COURTLAND STREET; APPLIED FOR BY PEOPLES' SELF -HELP HOUSING': Council Member Costello seconded, and the motion passed on the following roll call vote: AYES: Brown, Costello, Guthrie, Ray NOES: None ABSENT: Ferrara Action: Board Member Costello moved to adopt a Resolution, as follows: "A RESOLUTION OF THE ARROYO GRANDE REDEVELOPMENT AGENCY APPROVING AN AFFORDABLE HOUSING AND LOAN AGREEMENT FOR THE DEVELOPMENT OF AN AFFORDABLE HOUSING RENTAL PROJECT AND FINDING THAT THE AGENCY'S EXPENDITURE OF LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE BOUNDARIES OF THE ARROYO GRANDE REDEVELOPMENT PROJECT AREA BENEFITS THE PROJECT AREA ". Vice Chair Ray seconded, and the motion passed on the following roll call vote: AYES: Costello, Ray, Guthrie, Brown NOES: None ABSENT: Ferrara 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS a) Request from Village Improvement Association to reconsider closure of E. Branch Street for April 30, 2011 Farmer's Market. City Manager Adams reported that the Village Improvement Association had requested the Council reconsider closure of E. Branch Street in April due to negative impacts it would have on Village businesses. The Council unanimously concurred with the request. b) Request for direction whether to maintain or delay City Hall Ribbon Cutting Ceremony due to delays in elevator installation schedule. In response to a request for direction by City Manager Adams, the Council agreed unanimously to maintain the date of March 26, 2011 as the date for the City Hall Ribbon Cutting Ceremony. 14. COUNCIL COMMUNICATIONS Council Member Brown expressed concern about the cross that was stolen from St. John's Lutheran Church and encouraged those responsible to return the cross, with no questions asked. Minutes: City Council/Redevelopment Agency Regular Meeting Page 6 Tuesday, March 8, 2011 Mayor Pro Tem Ray referred back to Item 9.b. and clarified that the public hearing process does not generally include questions and answers; however, latitude was given to speakers due to the request for a continuance and to provide an opportunity for clarification. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Pro TemNice Chair Ray adjoumed the meeting at 9:15 p.m. Tony Fer ayor /Chair ATTEST: Kelly We or ity Clerk/Agency Secretary (Approved at CC Mtg 3 - (2 a- - a-o i t )