Minutes 2009-08-11 MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, AUGUST 11, 2009
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 Members Jim Guthrie, Ed Arnold, and Chuck Fellows, Mayor
Pro TemNice -Chair Joe Costello, and Mayor /Chair Tony Ferrara were
present.
City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Legislative and Information Services /City Clerk Kelly Wetmore, Director of
Administrative Services Angela Kraetsch, Fire Chief Mike Hubert, Chief of
Police Steve Annibali, Director of Recreation and Maintenance Services
Doug Perrin, Director of Community Development Rob Strong, and
Associate Planner Teresa McClish.
3. FLAG SALUTE
Prior to the Flag Salute, Mayor /Chair Ferrara announced that City of Lompoc Mayor Dick DeWees
had recently passed away. He requested everyone remember him in their thoughts during the
invocation.
Glen Herman, representing Arroyo Grande Valley Kiwanis, led the Flag Salute.
4. INVOCATION
Pastor George Lepper, Peace Lutheran Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Mayor Pro Tem Costello moved, Council Member 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
Candy Marquith, Chief Executive Officer (CEO) of Sierra Vista Regional Hospital, requested the
Council's support to the Board of Supervisors in adopting a plan for a trauma system for San Luis
Obispo County. She spoke about the intent and purpose of a trauma plan to increase survival
rates, improve patient outcomes, and minimize delay by transporting patients to the most
appropriate facility. She explained that San Luis Obispo County would be the last County in the
State to establish a trauma center.
Minutes: City Council /Redevelopment Agency Meeting Page 2
Tuesday, August 11, 2009
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. There were no public comments received.
Action: Mayor Pro Tem Costello moved, and Council Member Fellows seconded the motion to
approve Consent Agenda Items 8.a. through 8.k., with the recommended course of action. The
motion passed on the following roll -call vote:
AYES: Costello, Fellows, Arnold, Guthrie, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period July 16, 2009 through July
31, 2009.
8.b. Consideration of a Resolution Authorizing the Fire Station Expansion General
Obligation Bond Property Tax Levy Rate.
Action: Adopted Resolution No. 4209 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE FIRE STATION
EXPANSION PROPERTY TAX LEVY FOR FISCAL YEAR 2009 -10
8.c. Consideration to Approve the Sewer System Management Plan.
Action: Approved the Sewer System Management Plan prepared in accordance with the
State Water Resources Control Board General Waste Discharge Requirements Order No.
2006 0003 -DWQ.
8.d. Consideration to Approve a One -Year Contract Extension with Waterboys Plumbing,
Inc. to Continue the Plumbing Retrofit Program.
Action: 1) Approved a one -year contract extension with Waterboys Plumbing, Inc. in the
amount of $147,999.50; and 2) Authorized the Mayor to execute the contract.
8.e. Consideration to adopt a Resolution Accepting Public Improvements for Parcel Map
AG 04 -0614; Courtland Village II; Located at 1375 East Grand Avenue.
Action: Adopted Resolution No. 4210 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING PUBLIC
IMPROVEMENTS, FOR PARCEL MAP AG 04 -0614 COURTLAND VILLAGE II,
LOCATED AT 1375 EAST GRAND AVENUE
8.f. Consideration of Approval of Final Parcel Map AG 06 -0004 and a Resolution
Accepting Street Easement; Located on and Adjacent to Arroyo Grande High School
Campus, Initiated by the City of Arroyo Grande.
Action: Approved Final Parcel Map AG 06 -0004 located south of and including part of the
Arroyo Grande High School campus and adopted Resolution No. 4211 as follows: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
APPROVING FINAL PARCEL MAP AG 06 -0004 AND ACCEPTING PUBLIC STREET
EASEMENT, LOCATED ON AND ADJACENT TO ARROYO GRANDE HIGH SCHOOL,
INITIATED BY THE CITY OF ARROYO GRANDE
8.g. Consideration of a Request for a Waiver of Building Permit Fees.
Action: Approved a request for waiver of building permit fees for improvements proposed
as a local charitable project to assist a family that has experienced a hardship.
Minutes: City Council /Redevelopment Agency Meeting Page 3
Tuesday, August 11, 2009
8.h. Consideration of Application for a State of California Office of Traffic Safety San
Luis Obispo County Avoid Grant.
Action: Approved the filing of an application and accepting $450,000 in grant funds from
the State of California, Office of Traffic Safety and serve as the host agency for a regional
AVOID effort in San Luis Obispo County to reduce alcohol involved fatalities and injuries
and raise general public awareness regarding the problems associated with drinking and
driving while under the influence.
8.i. Consideration of Additional Improvements for the City Parking Lot and Bioswale
Improvements and the Crown Hill Street and Corbett Canyon Road Sidewalk
Improvements Project, PW 2008 -07A.
Action: 1) Approved the construction of additional improvements for the Crown Hill
Corbett Canyon Road Sidewalk Improvements in the amount of $175,000; 2) Authorized an
additional $115,000 from the State's Safe Routes to School (SR2S) grant program towards
the project contingencies; and 3) Increased the authorization of the City Manager to
approve contract change orders from $17,330 to $132,330 for unanticipated costs and
added improvements during the construction phase of the project.
8.j. Consideration of a Professional Services Agreement with Planning Company
Associates
Action: Authorized the City Manager to execute a professional services agreement with
Planning Company Associates for assistance in obtaining Caltrans approval for a proposal
to address deficiencies at the Brisco Road /Halcyon Road Highway 101 Interchange.
8.k. Consideration of Temporary Use Permit 09 -016 Authorizing Closure of City Streets
and Use of City Property for the 72 Annual Arroyo Grande Valley Harvest Festival,
Friday and Saturday, September 25 -26, 2009
Action: Adopted Resolution No. 4212 as follows: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT 09 -016, AUTHORIZING CLOSURE OF CITY STREETS AND USE OF CITY
PROPERTY FOR THE 72 ANNUAL ARROYO GRANDE VALLEY HARVEST
FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 25 -26, 2009
9. PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS ITEMS
10.a. Consideration of Update on Newsom Springs Drainage Project and Noguera Place
Drainage Easement.
Associate Planner McClish provided background, history, and timeline of the Newsom Springs
Drainage Project. Consulting Engineer, Craig Campbell, of the Wallace Group, then reviewed the
existing drainage system; the Phase 1 interim drainage system with temporary improvements to
relieve flooding; explained the drainage plan presented by the prior applicant and changes to the
plan which will be proposed by the new applicant; explained the Phase 2 future drainage project
identified as the preferred alternative; and spoke about the existing easement at the rear of
Noguera Place, and its potential abandonment, and issues related to such abandonment. Staff
recommended the Council receive the information and direct staff to: 1) Continue efforts to identify
grant funding for the Phase II of the Newsom Springs drainage project preferred alternative; and 2)
Minutes: City Council /Redevelopment Agency Meeting Page 4
Tuesday, August 11, 2009
Take steps to convert the Noguera Place easement to a private easement when the Cherry Creek
development is completed, contingent upon completion of a final drainage analysis confirming the
easement is no longer necessary.
Council questions of staff ensued concerning the City's liability, if any, following the abandonment
of the Noguera Place easement if the owners do not make any improvements; the amount of
drainage flow the system can accommodate when Phase 1 is completed; clarification concerning
the level of protection to agricultural land and to residential property; clarification that a formal
engineer's analysis and report would be required prior to any abandonment of the existing Noguera
Place drainage easement; and clarification concerning responsibility for maintenance of the
easement once it is relinquished by the City. City Attorney Carmel clarified that each property has a
right to release water downstream based on historic flows and that the City could facilitate and
confer with the homeowners regarding the relinquishment process and necessary private
improvements.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter.
Cliff Branch, Cherry Creek project applicant, spoke about the progress of the drainage plan; stated
that construction documents have been submitted to the City pursuant to the revised conditions of
approval; stated that some engineering details are still pending; that he hoped to start the drainage
improvements in May so that all the major drainage improvements are completed by August or
September so that restoration, erosion control, and mitigation planning to allow a few months for
vegetation to settle in before the rains start next year. He stated the Cherry Creek outfall structure
is complete; however, it still remains on private property; stated the reimbursement agreement has
not yet been executed due to pending issues concerning liability which may need revisions. Mr.
Branch also stated he met with the San Luis Obispo Botanical Garden and will be working with
them to propose a model plan along the creek to promote zeroscape landscaping and native plants
which will be maintained and monitored for five years. He concluded by stating he had no position
as far as the City releasing or not releasing the Noguera Place easement; however, he requested if
the City chooses to abandon the easement, that the City indemnify him from liability.
Larry Turner, Noguera Place, offered assistance to City staff regarding the Noguera Place
easement. He believed the City should notice the people living on Noguera Place regarding the
abandonment of the easement. He expressed concern that the City has an easement that the
neighbors do not believe is required and that he would be happy to work with staff to abandon the
easement. He stated that drainage into the easement occurs primarily on his property and he has
taken measures to protect his property and the drainage goes to the street. He then reviewed the
drainage patterns and flows for each lot on Noguera Place and the protections that are in place
currently and stated that the goal is to drain to the street.
Upon hearing no further public comments, Mayor Ferrara closed the public comment period.
Council Member Arnold provided the following comments:
Stated the Council is familiar with the information that was presented tonight and the City is
waiting for the development of the Cherry Creek project to take place;
Stated he had met with Mr. Branch to discuss some of the pending engineering issues, and
until those issues are resolved and finalized, there is not much to do at this time.
Accepted the report as presented and could approve staff's recommendations.
Minutes: City Council /Redevelopment Agency Meeting Page 5
Tuesday, August 11, 2009
Council Member Fellows provided the following comments:
In response to a question regarding the new drainage plan, City Manager Adams responded
that the applicant is currently redesigning the plan and the City does not yet know the specifics;
Commented that it has been a goal of the Noguera Place neighborhood to get the City to
abandon the public easement and supported staff working with Mr. Turner further.
Council Member Guthrie provided the following comments:
Noted that he had asked for this update due to discussion on the revisions to the Cherry Creek
project and whether or not the drainage system would be able to handle a 100 -year storm and
protect the homes in that area. He noted that the reason for bringing this item back has been
resolved and that we don't need Phase 2 to protect the homes;
Recommended moving forward on the design for Phase 2 to take a look at the level of
protection that should be provided and to identify the funding, such as in the local sales tax
fund.
Mayor Pro Tem Costello provided the following comments:
Prepared to receive the information and approve staff's recommendations; asked if Phase 2
could be funded in connection with the City's Hazard Mitigation Plan. Staff responded that no
matching grant funds have been identified yet, and provided updates on efforts to seek funding
opportunities by working with other local agencies. Staff noted that there are other drainage
projects in the City, how they are prioritized, and that once Phase 1 starts, efforts to fund and
develop Phase 2 improvements will become more aggressive.
Mayor Ferrara provided the following comments:
Asked additional questions of the consultanting engineer regarding the proposed drainage plan
as it related to minimizing or reducing the flow of water across the farmland;
Concurred with Council Member Guthrie's comments with regard to Phase 2 and
acknowledged the need to keep the momentum going to seek grant funding;
Supported staffs recommendations.
Action: Council Member Guthrie moved to accept the information and to direct staff to identify the
costs associated with Phase 2 of the Newsom Springs drainage project; and to further direct staff
to take preliminary steps to convert the Noguera Place easement to a private easement. Council
Member Arnold seconded, and the motion passed on the following roll call vote:
AYES: Guthrie, Arnold, Fellows, Costello, Ferrara
NOES: None
ABSENT: None
11. NEW BUSINESS ITEMS
11.a. Consideration of a Process for Soliciting Sponsors for City Items.
Recreation and Maintenance Services Director Perrin presented the staff report and recommended
the Council direct staff to implement a process for fund raising by soliciting sponsors for
miscellaneous City items.
Minutes: City Council /Redevelopment Agency Meeting Page 6
Tuesday, August 11, 2009
Council Member Fellows clarified that the Tree Guild should be taken out of consideration since it
does its own fundraising and they are happy to continue working with the City by planting trees
along streets, at schools and in parks. He suggested a simple program that could be provided as
an alternative to the Community Development Block Grant (CDBG) program.
Staff responded to questions from Council concerning potential guidelines for the plaques, and the
advantages and disadvantages of the City forming a foundation or non profit 501 c3.
Mayor 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 Member Fellows suggested that the plaques for the street trees should be slightly raised
on a concrete mound and not be flat. He referred to and spoke about a similar program in Pacific
Grove which has been successful.
Council Member Guthrie stated there is no reason for the City to compete with all the other
foundations and service organizations. He favored putting together a brochure to make it easier to
dedicate trees and street lights that already exist which could generate funding for other capital
improvements. He also stated he would support establishing an amount that exceeds the value of
the tree or streetlight, for maintenance purposes.
Council Member Arnold supported the program as discussed; that a Foundation is more than what
is needed and the program should be kept simple for now. He referred to Rancho Grande Park and
noted there is a simple process already in place to dedicate a bench and he supported the idea of
creating a catalog of City items that could be sponsored.
Staff explained how a foundation could be established under the umbrella of the San Luis Obispo
Parks, Open Space and Trails Foundation (SLOPOST), which would alleviate the need to attain
separate 501c3 non profit status. Council comments included that while not opposed to the
concept, further research is needed.
Mayor Pro Tem Costello stated this program would be a good mechanism to have in place to
donate something to the City to voluntarily help offset costs; however, he did not want to compete
or raise funds for other organizations. He supported any program to offset a specific expense
incurred by the City, such as for a tree or bench.
Mayor Ferrara concurred with Mayor Pro Tem Costello and stated that the program should be kept
in -house and focused. He liked the idea of the City catalog; he liked a source destination idea of
looking at certain items or efforts and replenishing certain funds within the City. He agreed that a
progressive approach needed to be taken as it relates to a Foundation. He noted that if the City
was missing out on opportunities for substantial donations because it is not a formal non profit
corporation 501c3, then the idea could be reconsidered. He commented that the City has been
successful in- house, such as with the Let There Be Lights Program, and that we have a generous
community.
Minutes: City Council /Redevelopment Agency Meeting Page 7
Tuesday, August 11, 2009
Action: Council Member Arnold moved to direct staff to implement the process for fundraising by
soliciting sponsors for miscellaneous City items, including the categorizing of all the items that
would be available, and potential advertising. Council Member Guthrie seconded, and the motion
passed on the following roll call vote:
AYES: Arnold, Guthrie, Fellows, Costello, Ferrara
NOES: None
ABSENT: None
11.b. Consideration of a Resolution Establishing a Green Business Economic Incentive
Program. [COUNCIL/RDA]
City Manager Adams presented the staff report and recommended the Council adopt a Resolution
creating a Green Business Economic Incentive Program. Staff then responded to questions from
Council regarding the Program.
Mayor 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 comments included support for the program concept; acknowledgement that Arroyo
Grande is the first City in the region and perhaps the State to implement this type of program;
whether there were any unfair competition issues associated with this incentive program; that this
is a cutting -edge program which involves considerable discretion by staff in making a determination
on qualifications; that City Manager decisions are appealable to the City Council and strict findings
must be made for denial; some concern that there could be a civil rights issue; clarification that
there is a clear public purpose for rebates and incentives to encourage and accommodate green
businesses to relocate and that this is a recognized tool for local government; whether there has
been any contact with interested businesses; and support for any help the City can provide to
assist businesses. There was discussion concerning the high rebate percentages in the first year
(90 and the requirement that 50% of the business be devoted to green products is too low. Staff
suggested the percentage of green products could be increased from 50 but recommended not
decreasing the rebate percentage since it would reduce the basic incentive to participate in the
program. Following further discussion and clarification regarding the City's intent to promote green
products and businesses, Council agreed to amend the provision relating to percentage of
business devoted to green products from 50% to 65
Action: Council /Board Member Arnold moved to adopt a Resolution as follows: "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CREATING A GREEN
BUSINESS ECONOMIC INCENTIVE PROGRAM FOR THE PURPOSE OF ENCOURAGING THE
CREATION AND LOCATION OF "GREEN" BUSINESSES IN THE CITY as amended to reflect
that 65% of a business must be devoted to green products. Council /Board Member Fellows
seconded, and the motion passed on the following roll call vote:
AYES: Arnold, Fellows, Guthrie, Costello, Ferrara
NOES: None
ABSENT: None
Minutes: City Council /Redevelopment Agency Meeting Page 8
Tuesday, August 11, 2009
12. CITY COUNCIL MEMBER ITEMS
a) Request to direct the Traffic Commission to consider restricting parking on the south
side of Tally Ho Road until the sidewalk project can be completed. (FELLOWS)
Council Member Fellows stated that due to a perception of a potential conflict of interest, out of an
abundance of caution he would step down from the dais and speak from the podium as a private
citizen.
Chuck Fellows, Canyon Way, spoke about safety issues on Tally Ho Road as it relates to
pedestrians versus vehicles. He read a letter for the record describing the existing public safety
risks on Tally Ho Road due to the lack of continuous sidewalks. He requested the Council direct
the Traffic Commission to consider not only restricting parking, but due to the seriousness of the
existing situation, to immediately prohibit parking on an emergency basis on those parts of the
street where there are no sidewalks.
Following brief discussion, the Council requested that staff place on the next Traffic Commission
agenda consideration of no parking on the south side of Tally Ho Road.
13. CITY MANAGER ITEMS
a) Follow -up regarding City Council direction on temporary banners.
City Manager Adams reported he had met with representatives from the Chamber of Commerce
and the Village Improvement Association (VIA) and they had suggested conducting a survey of the
businesses on the topic of temporary banners. He indicated they would compile the results and
provide a report in lieu of the City conducting a workshop with the businesses. The Council agreed
with the suggestion and directed staff to continue working with the Chamber of Commerce and VIA
regarding this issue.
b) Update on remaining East Branch Streetscape items.
City Manager Adams provided a status report on unresolved issues relating to the East Branch
Streetscape project concerning the stamped concrete crosswalks, certain street trees, and bicycle
racks.
14. COUNCIL COMMUNICATIONS
None.
15. STAFF COMMUNICATIONS
None.
16. COMMUNITY COMMENTS AND SUGGESTIONS
None.
Minutes: City Council /Redevelopment Agency Meeting Page 9
Tuesday, August 11, 2009
17. ADJOURNMENT
Mayor /Chair Ferrara adjourned the meeting at 9:32 p.m.
Tony Ferr M or /Chair
ATTEST:
ad /s-
Kelly We oreC cif ity Clerk/Agency Secretary
(Approved at CC Mtg g '8'0 2 0 01