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Agenda Packet 2009-10-27 Ý·¬§ ݱ«²½·´ ß¹»²¼¿ Steven Adams, City Manager Tony Ferrara, Mayor/Chair Timothy J. Carmel , City Attorney Joe Costello, Mayor Pro Tem/Vice Chair Kelly Wetmore, City Clerk Jim Guthrie, Council/Board Member Ed Arnold, Council/Board Member Chuck Fellows, Council/Board Member AGENDA SUMMARY CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TUESDAY, OCTOBER 27, 2009 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. 2. ROLL CALL 3. FLAG SALUTE: CUB SCOUT PACK 13 DEN 8 4. INVOCATION: PASTOR ROBERT BANKER OPEN DOOR CHURCH 5. SPECIAL PRESENTATIONS: None. 6. AGENDA REVIEW: 6a.Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. AGENDA SUMMARY – OCTOBER 27, 2009 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: Direct City staff to assist or coordinate with you. A Council Member may state a desire to meet with you. It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: Comments should be limited to 3 minutes or less. Your comments should be directed to the Council as a whole and not directed to individual Council members. Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. Cash Disbursement Ratification 8.a. (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period October 1, 2009 through October 15, 2009. Statement of Investment Deposits 8.b. (KRAETSCH) Recommended Action: Receive and file the report listing the current investment deposits for the period of September 30, 2009. Consideration of Approval of Minutes 8.c. (WETMORE) Recommended Action: Approve the minutes of the Regular City Council/Redevelopment Agency Meeting of October 13, 2009. Consideration of H1N1 Pandemic and Influenza Disease Plan 8.d.(ADAMS) Recommended Action: Approve the H1N1 Pandemic and Influenza Disease Plan. AGENDA SUMMARY – OCTOBER 27, 2009 PAGE 3 8. CONSENT AGENDA (cont’d): Consideration of Acceptance of the Montego Street / Hillcrest Drive Sidewalk 8.e. Improvements Project, PW 2008-07B (MCCLISH) Recommended Action: 1) Accept the project improvements as constructed by California Coastal Development Inc. in accordance with the plans and specifications for the Montego Street / Hillcrest Drive Sidewalk Improvements Project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. Consideration of Acceptance of the 2009 Slurry Seal Project, PW 2009-04 8.f. (MCCLISH) Recommended Action: 1) Accept the project improvements as constructed by Graham Contractors Inc. in accordance with the plans and specifications for the 2009 Slurry Seal Project; 2) Direct staff to file a Notice of Completion; 3) Authorize release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed; and 4) Authorize an increase in the project expenditures of $2,294.94. Consideration of a Resolution Approving Funding for Open Space Protection 8.g. and Management to Match Grant Funds from the San Luis Obispo County Community Fire Safe Council Grant for Fuel Modification in the James Way Habitat Area and Approving the James Way Habitat Area Fuel Modification Project (MCCLISH) Recommended Action: 1) Approve the use of open space protection funds to match grant funds from the San Luis Obispo County Community Fire Safe Council; and 2) Approve the James Way Habitat Area Fuel Modification Project. Consideration of Acceptance of the Corporation Yard Steel Repair Project, PW 8.h. 2009-05 (MCCLISH) Recommended Action: 1) Accept the project improvements as constructed by Frank Calistro Inc. in accordance with the plans and specifications for the Corporation Yard Steel Repair Project; 2) Direct staff to file a Notice of Completion; and 3) Authorize release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. Consideration of Authorization to Use City Property and Close City Streets for 8.i. the Annual Arroyo Grande Strawberry Festival on May 29 and 30, 2010 and the Annual Strawberry Stampede; Temporary Use Permit No. 09-018 (MCCLISH) Recommended Action: Adopt a Resolution authorizing the use of City property and closure of City streets for the annual Arroyo Grande Strawberry Festival on May 29 and 30, 2010. Consideration of Groundwater Monitoring and Test Findings 8.j. (ADAMS) Recommended Action: 1) Review groundwater monitoring and testing results; and 2) Direct staff to prepare recommendations to address water supply and potential seawater intrusion issues. AGENDA SUMMARY – OCTOBER 27, 2009 PAGE 4 8. CONSENT AGENDA (cont’d): Consideration to Declare Surplus Property and Approve a Private Treaty Sale 8.k. Agreement (PERRIN) Recommended Action: 1) Adopt a Resolution declaring the 1991 International Service Truck as surplus property and authorizing its sale; and 2) Authorize the City Manager to sign the Private Treaty Sale Agreement with Bill Phelps Auction Services. Consideration of Amendments to the City of Arroyo Grande Storm Water 8.l. Management Plan (MCCLISH) Recommended Action: 1) Approve the City’s participation in the Central Coast Regional Water Quality Control Board (RWQCB) and the Low Impact Development Center’s Joint Effort Project for the development of Hydromodification Control Criteria methodology for the Central Coast Region pursuant to the RWQCB’s October 20, 2009 letter; 2) Approve the City’s participation in the collaborative program for local municipalities for the development of Best Management Practices (BMPs) for Public Education, Public Participation and Pollution Prevention; 3) Approve the incorporation of additional requirements set forth by the RWQCB in their letter of September 15, 2009 into the Storm Water Management Plan (SWMP); and 4) Authorize the City Manager to approve minor modifications to the SWMP as required by the RWQCB in response to annual reporting and Plan implementation. Consideration to Approve Reimbursement of the Cost of the Storm Drain 8.m. Erosion Mitigation to Arroyo View LLC (MCCLISH) Recommended Action: Appropriate the expenditure of $20,175.83 from the City Drainage Facility Fund for the mitigation of erosion at the outlet of the existing 48” Storm Drain payable to Arroyo View LLC in accordance with the Reimbursement Agreement. Consideration to Adopt an OrdinancePrezoning a 7.2 Acre Property Adjoining 8.n. the City in the Vicinity of Pearwood Avenue for the Purposes of Annexation (DCA Case No. 09-001B) (MCCLISH) Recommended Action: Adopt an Ordinance to prezone a 7.2 acre property adjoining the City in the vicinity of Pearwood Avenue for the purposes of annexation (DCA 09-001B). 9. PUBLIC HEARINGS: Consideration of Use of State 2009-10 Citizens Option for Public Safety Funds 9.a. (ANNIBALI) Recommended Action: 1) Approve the Chief of Police’s recommendation to utilize the FY 2009-10 Citizens Option for Public Safety (COPS) Funds to continue the multi- year program for the replacement and enhancement of the Police Department’s radio communications equipment; and 2) Authorize the expenditure of $71,272 carried over from the City’s FY 2008-09 COPS Program. AGENDA SUMMARY – OCTOBER 27, 2009 PAGE 5 9. PUBLIC HEARINGS (cont’d): Consideration of Centennial Plaza Project and a Purchase and Sale and 9.b. Improvement Agreement for Acquisition of Property at 300 East Branch Street and Sale and Development of City Property at 200 and 208 East Branch Street and the Adjacent Parking Area (ADAMS) Recommended Action: 1) Approve the Centennial Plaza preliminary design concept; 2) Approve a contract with RRM Architects for final design of the Centennial Plaza project for a not to exceed amount of $44,000; 3) Approve a Purchase and Sale and Improvement Agreement with NKT Commercial for acquisition of property at 300 East Branch Street, sale of City property at 200 East Branch Street, 208 East Branch Street and the parking area in between, development of a 5,700 square foot commercial building at Short Street and East Branch Street, and adaptive reuse of the 208 East Branch Street building; 4) Select Alternative #3 as the preferred alternative for the NKT Commercial proposed project; 5) Approve a Resolution adopting a Negative Declaration with Mitigation Measures; 6) Reject all bids for construction of a fire sprinkler system in the 300 East Branch Street building and direct staff to solicit new bids; and 7) Authorize the City Manager to execute documents to obtain debt financing of up to $1.2 million for costs associated with acquisition of the 300 East Branch Street property through the United States Department of Agriculture (USDA) Rural Development Community Facilities low- interest loan program. 10. CONTINUED BUSINESS: Consideration of New Police Station Project [CC\RDA) 10.a. (ADAMS/ANNIBALI) Recommended Action: 1) Approve the Police Station Schematic Design; 2) Authorize the City Manager to execute an Agreement for Architectural Services with BFGC Architects to prepare final design drawings and bid documents not to exceed $370,000; 3) Authorize the City Manager to execute an agreement for consultant services with A.M. Miller & Company, Inc. not to exceed $25,000 to serve as the City’s financial advisor with regard to a potential bond measure; 4) Direct staff to develop a public education program to solicit feedback regarding the project and potential June 2010 general obligation bond measure; and 5) Authorize the City Manager to submit final applications for California Investment Bank and USDA Rural Development Community Facilities low-interest loans. 11. NEW BUSINESS: None. AGENDA SUMMARY – OCTOBER 27, 2009 PAGE 6 12. CITY COUNCIL REPORTS: This item gives the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they may be participating. (a) MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Brisco/Halcyon/Hwy 101 Interchange Project Subcommittee (4) Recreation Center Subcommittee (5) Other (b) MAYOR PRO TEM JOE COSTELLO: (1) Zone 3 Water Advisory Board (2) Air Pollution Control District (APCD) (3) Fire Oversight Committee (4) Other (c) COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT) (2) Community Action Partnership (3) California Joint Powers Insurance Authority (CJPIA) (4) SLO County 10-Year Plan to End Homelessness Leadership Council (5) Tourism Committee (6) Other (d) COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA) (2) Economic Vitality Corporation (EVC) (3) Other (e) COUNCIL MEMBER FELLOWS: (1) County Water Resources Advisory Committee (WRAC) (2) Other 13. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. None. AGENDA SUMMARY – OCTOBER 27, 2009 PAGE 7 14. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. None. 15. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 16. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 17. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 18. ADJOURNMENT ************************* All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office, 214 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Legislative and Information Services Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date. ************************* This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org ************************** City Council/Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org. THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ׬»³ èò¿ò п¹» ï ß¹»²¼¿ ׬»³ èò¿ò п¹» î ß¹»²¼¿ ׬»³ èò¿ò п¹» í ß¹»²¼¿ ׬»³ èò¿ò п¹» ì ß¹»²¼¿ ׬»³ èò¿ò п¹» ë ß¹»²¼¿ ׬»³ èò¿ò п¹» ê ß¹»²¼¿ ׬»³ èò¿ò п¹» é ß¹»²¼¿ ׬»³ èò¿ò п¹» è ß¹»²¼¿ ׬»³ èò¿ò п¹» ç ß¹»²¼¿ ׬»³ èò¿ò п¹» ïð ß¹»²¼¿ ׬»³ èò¿ò п¹» ïï ß¹»²¼¿ ׬»³ èò¿ò п¹» ïî ß¹»²¼¿ ׬»³ èò¿ò п¹» ïí ß¹»²¼¿ ׬»³ èò¿ò п¹» ïì ß¹»²¼¿ ׬»³ èò¿ò п¹» ïë ß¹»²¼¿ ׬»³ èò¿ò п¹» ïê ß¹»²¼¿ ׬»³ èò¿ò п¹» ïé ß¹»²¼¿ ׬»³ èò¿ò п¹» ïè ß¹»²¼¿ ׬»³ èò¿ò п¹» ïç THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ׬»³ èò¿ò п¹» îð ß¹»²¼¿ ׬»³ èò¾ò п¹» ï ß¹»²¼¿ ׬»³ èò¾ò п¹» î ß¹»²¼¿ ׬»³ èò¾ò п¹» í THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ׬»³ èò¾ò п¹» ì MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, OCTOBER 13, 2009 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council 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 Tem/Vice 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, Director of Community Development Teresa McClish, and Associate Planner Kelly Heffernon. 3. FLAG SALUTE A representative from Cub Scout Pack 13, Den 5, led the Flag Salute. 4. INVOCATION Pastor David Burgeson, First United Methodist Church, delivered the invocation. 5. SPECIAL PRESENTATIONS Mayor Ferrara invited Bob Lund and Jim Bergman, Arroyo Grande In Bloom Co-Chairs, to speak about the recent America In Bloom competition. Mr. Lund and Mr. Bergman spoke about the program, stated that it was the City’s third year to compete, and announced that the City received two distinguished awards. He explained that the City received four out of five blooms in the Heritage category and had received the 2009 Criteria Award for Tidiness. Mayor Ferrara acknowledged the City’s business owners and residents for all their contributions in keeping the City tidy. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Mayor Pro Tem/Vice Chair Costello moved, Council/Board 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 None. 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 8.i. ß¹»²¼¿ ׬»³ èò½ò п¹» ï Minutes: City Council/Redevelopment Agency Meeting Page 2 Tuesday, October 13, 2009 Action: Council Member Fellows moved, and Council Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.h., with the recommended courses of action. City Attorney Carmel read the titles of the Ordinances in Items 8.f. and 8.g. The motion passed on the following roll-call vote: AYES: Fellows, Arnold, Costello, Guthrie, Ferrara NOES: None ABSENT: None 8.a.Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 16, 2009 through September 30, 2009. 8.b.Consideration of a Resolution Approving the Form of and Authorizing the Execution and Delivery of a Purchase and Sale Agreement and Related Documents with Respect to the Sale of the Seller’s Proposition 1A Receivable from the State; and Directing and Authorizing Certain Other Actions in Connection Therewith. Action: “A RESOLUTION APPROVING THE Adopted Resolution No. 4221 as follows: FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A PURCHASE AND SALE AGREEMENT AND RELATED DOCUMENTS WITH RESPECT TO THE SALE OF THE SELLER’S PROPOSITION 1A RECEIVABLE FROM THE STATE; AND DIRECTING AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH”. 8.c.Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council Meeting of September 22, 2009 and the Regular City Council/Redevelopment Agency Meeting of September 22, 2009, as submitted. 8.d.Authorization to Reject Claim Filed Against the City – R. Edgar. Action: Rejected the claim and authorize the City Clerk to send a standard rejection letter to the claimant as recommended by the City’s Claims Administrator, Carl Warren & Company. 8.e.Consideration to Declare Surplus Property / Police Motorcycles. Action:“A RESOLUTION OF THE CITY Adopted Resolution No. 4222 as follows: COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITEMS AS SURPLUS AND AUTHORIZING THEIR SALE”. 8.f.Consideration of Adoption of Ordinance Granting to ConocoPhillips Pipeline Company, a Delaware Corporation, a Franchise to Construct, Operate, and Maintain Pipelines for the Transportation of Oil, and Other Specified Materials, in the City of Arroyo Grande. Action: “AN ORDINANCE OF THE CITY Adopted Ordinance No. 613 as follows: COUNCIL OF THE CITY OF ARROYO GRANDE GRANTING TO CONOCOPHILLIPS CALIFORNIA PIPELINE COMPANY A FRANCHISE TO CONSTRUCT, OPERATE, AND MAINTAIN PIPELINES FOR THE TRANSPORTATION OF OIL, AND OTHER SPECIFIED MATERIALS, IN THE CITY OF ARROYO GRANDE, STATE OF CALIFORNIA”. 8.g.Consideration of Adoption of Ordinance Amending Municipal Code Table 16.36.030(A) Regarding Uses Permitted in the Regional Commercial Zoning District and Amending the Zoning Map and Changing the Zoning for Four Additional Properties (DCA 09-001), Initiated by the City of Arroyo Grande. ß¹»²¼¿ ׬»³ èò½ò п¹» î Minutes: City Council/Redevelopment Agency Meeting Page 3 Tuesday, October 13, 2009 Action:“AN ORDINANCE OF THE CITY Adopted Ordinance No. 612 as follows: COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING MUNICIPAL CODE TABLE 16.36.030(A) REGARDING USES PERMITTED IN THE REGIONAL COMMERCIAL ZONING DISTRICT AND CHANGING THE ZONING FOR FOUR ADDITIONAL PROPERTIES (DEVELOPMENT CODE AMENDMENT 09-001), INITIATED BY THE CITY OF ARROYO GRANDE.” 8.h.Consideration of Temporary Use Permit No. 09-023 Authorizing No Parking on East and West Branch Street, the Closure of Short Street at East Branch Street and the Use of Safety Measures on East and West Branch Street Between Traffic Way and Mason Street on Saturday, October 31, 2009 for “Halloween in the Village”. Action: “A RESOLUTION OF THE CITY Adopted Resolution No. 4223 as follows: COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 09-023 AUTHORIZING “HALLOWEEN IN THE VILLAGE” AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES ON SATURDAY OCTOBER 31, 2009”. ITEM PULLED FROM THE CONSENT AGENDA 8.i.Consideration of Funding Allocation for Façade Improvement Grant Program. [COUNCIL/RDA] RecommendedAction: Appropriate $10,000 for the Façade Improvement Program. Council/Board Member Guthrie asked for clarification on why the additional funding allocation is needed and what type of project applications the City is anticipating. City Manager/Executive Director Adams explained the program, acknowledged the financial difficulties that businesses are having in the current economy, and how the City could assist new and existing businesses with regard to new signage to better promote their businesses. He noted that the City has received more applications this year and this proposed allocation would provide additional funding for the grant program. Action: Council/Board Member Guthrie moved to appropriate $10,000 for the Façade Improvement Program. Council/Board Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Fellows, Arnold, Costello, Ferrara NOES: None ABSENT: None Mayor Ferrara referred to Item 11.a. and stated that due to illness, the Police Chief and the architect were not available tonight to make their respective presentations and he requested the item be continued to the October 27, 2009 regular meeting. The Council unanimously agreed. 9. PUBLIC HEARINGS 9.a.Continued Public Hearing - Consideration of a General Plan Amendment and Development Code Amendment to Prezone a 7.2 Acre Property Adjoining the City in the Vicinity of Pearwood Avenue for the Purposes of Annexation (GPA/DCA Case No. 09-001B). ß¹»²¼¿ ׬»³ èò½ò п¹» í Minutes: City Council/Redevelopment Agency Meeting Page 4 Tuesday, October 13, 2009 Community Development Director McClish presented the staff report and recommended the Council: 1) Adopt a Resolution approving changes to the General Plan land use designation for the purposes of annexation for City owned property in the vicinity of Pearwood Avenue adjoining the City (GPA 09-001B); and 2) Introduce an Ordinance to prezone a 7.2 acre property adjoining the City in the vicinity of Pearwood Avenue for the purposes of annexation (DCA 09-001B). Mayor Ferrara referred to water conservation methods involving the use of rain barrels in residential developments to collect rainwater and suggested incorporating this method into the mitigation measures. Director McClish responded that this condition could be added at the time the final map is approved and noted that the City wants to require this mitigation for all projects Citywide. Council Member Fellows referred to the public comment letters received regarding water availability and usage and asked what the average typical water usage per day for a single family residence is. Director McClish estimated that the average water usage was approximately 360 gallons per day. Further comments and questions ensued concerning the open space as it relates to future maintenance, drainage issues, construction traffic and access, and the status of repaving Pearwood Avenue. Mayor Ferrara opened the public hearing. Harvey Palmer , Pearwood, spoke in opposition of the proposal citing concerns about the condition of the street, the drainage basin, and past flooding incidents. Sharon Favareille, Pearwood, expressed concern that the development be limited to four houses; that there should be a guarantee that the homes would be built and sold; and expressed concern about the narrowness at the end of the street. Hearing no further public comments, Mayor Ferrara closed the public hearing. Council comments ensued in support of the proposals, including acknowledgement of site visits to view the property and the existing drainage basin; that there would be negligible to zero impacts to the existing neighborhood; that there would be no impacts to the drain basin and that excavation of the onsite drainage basin area would increase the capacity of the basin; that there would be increased maintenance in the drainage basin to avoid clogging of the 36” drain pipe; some concern about potential visual impacts with the new homes looking down onto existing homes and a suggestion to move the building envelopes back and to plant trees in the open space for screening; some discussion regarding the route for construction traffic; that the proposed development for the site is an appropriate buffer between the higher density residential and neighboring County property; that the proposed density is much lower than proposed in the past; that there are ways to mitigate water usage which will be reviewed later; acknowledgement of the public comment letters received; that the basin will be improved to add to protection from flooding; that the existing Coast Redwood tree would be protected; that additional homes would not create significant additional traffic; that there are many positive aspects of the project as an in-fill project which provides permanent open space; that the annexation will limit future development to the four homes; that if LAFCO approves the annexation, conditions will be put into place to protect the tree; ß¹»²¼¿ ׬»³ èò½ò п¹» ì Minutes: City Council/Redevelopment Agency Meeting Page 5 Tuesday, October 13, 2009 acknowledgement that Pearwood Avenue is on the City’s pavement management schedule to be repaved in the Spring; and support for increased maintenance of the drainage. Additional comments included acknowledgment of concerns expressed based on flooding history; the improvements that have been installed since that time; that the existing basin has a lot of capacity and will be monitored more closely; that a covenant would be put in place to preserve the open space and prohibit additional development; and that the Council is not looking at a specific project at this time, just to rezone the property and change the land use designation. Mayor Ferrara thanked staff for coordinating the site visit; acknowledged the 36” pipe that was installed in the 90’s; and asked staff to provide additional information regarding the drainage. Consultant Rob Strong then reviewed the development and drainage history surrounding the site. Further comments ensued concerning the general appearance of the basin; that the scrub brush can be removed and replaced with natural landscaping materials; acknowledgement of the street’s existing condition and an explanation of how the City prioritizes street microsurfacing projects on newer streets to prevent deterioration; that Pearwood Avenue will require major repaving at a much higher cost and the project is programmed in the City’s capital improvement plan for next Spring; that the proposal would improve property values for the existing neighborhood; and that mitigation for water resources, street improvements, and landscaping would come back to the Council for consideration when the proposed development project comes forward. Action:“A RESOLUTION OF Council Member Arnold moved to adopt a Resolution as follows: THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CHANGES TO THE LAND USE DESIGNATION FOR THE PURPOSES OF ANNEXATION FOR CITY OWNED PROPERTY IN THE VICINITY OF PEARWOOD AVENUE ADJOINING THE CITY (GENERAL PLAN AMENDMENT CASE NO. 09-001B)”. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Arnold, Guthrie, Fellows, Costello, Ferrara NOES: None ABSENT: None Action:“AN ORDINANCE Council Member Arnold moved to introduce an Ordinance as follows: OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDEAMENDING MUNICIPAL CODE TABLE 16.36.030(A) REGARDING USES PERMITTED IN THE REGIONAL COMMERCIAL ZONING DISTRICT AND CHANGING THE ZONING FOR FOUR ADDITIONAL PROPERTIES (DEVELOPMENT CODE AMENDMENT 09-001), INITIATED BY THE CITY OF ARROYO GRANDE”. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Arnold, Guthrie, Fellows, Costello, Ferrara NOES: None ABSENT: None Mayor Ferrara called a break at 8:20 p.m. The Council reconvened at 8:30 p.m. ß¹»²¼¿ ׬»³ èò½ò п¹» ë Minutes: City Council/Redevelopment Agency Meeting Page 6 Tuesday, October 13, 2009 9.b.Consideration of a Resolution Amending Conditions of Approval for Vesting Tentative Tract Map No. 2653 for Property Located Between East Cherry Avenue and Myrtle Street, Applied for by Cliff Branch (the “Cherry Creek” Project). Associate Planner Heffernon presented the staff report and recommended the Council: 1) Adopt a Resolution substantively amending conditions of approval nos. 3 and 10 (drainage easement); 13 (landscaped parkways); 20 (irrigation well-staff request); 39 (HOA responsibilities); 53 (water and sewer credit for existing buildings); 54 (City to incur costs for consultants); 55 (fees); 100 (rolled curbs); 91 (utilities at Vandeveer house); 101 (road width and no parking on E. Cherry Ave); 113, 114, 117, 118, 121 and 122 (drainage system and design option); and making a finding for substantial conformance to approved plans regarding the width of the Agricultural buffer for Vesting Tentative Tract Map No. 2653); and 2) Appropriate $11,900 from the Drainage Fund for consultant services associated with review and development of regional drainage concepts, as well as other items associated with the project. Community Development Director McClish reviewed the supplemental information distributed to the Council which included modifications to the conditions of approval based on comments received by the applicant. Staff then responded to questions from Council concerning red curbs versus signage; advantages and disadvantages of a ditch and/or a pipe; explained the intent of the pipe to direct drainage; how narrowing of the agricultural buffer improves drainage; the proposed fencing; and how drainage will work at E. Cherry and Branch Mill Road. Mayor Ferrara opened the public hearing. Cliff Branch, applicant, expressed numerous concerns including some of the proposed modifications to the conditions of approval; the regional drainage improvements; the easement agreement; rising costs for the drainage improvements; liability issues; acceptance of the outfall structure; having flexibility on the final project design; and stated that he could not pursue the project without his requested concessions and that until construction documents are approved and in place, he cannot move forward. Mike Miner, E. Cherry property owner, spoke in support of the proposal. Buddy Jaquith, Myrtle Street, spoke in support of the proposal. Lynn Titus, Lierly Lane, spoke in support of the proposal; however, she expressed concern about liability issues related to dirt Cherry which is still owned by the residents and is in escrow. She inquired whether E. Cherry would be used for construction vehicle access and stated the owners need a guarantee that the road will be maintained. She also asked who is overseeing the project from the City. Larry Turner, Noguera Place, spoke in support of the proposal and stated the City should work with the Dixson Ranch to approve Option B. Karen Estes, E. Cherry, spoke in support of the proposal. Jim Dickens, Branch Mill Road, stated that given all the issues surrounding the proposed project and the multitude of amendments, the Dixson Ranch has always supported reasonable development to the north and the need to construct a regional drainage project that minimizes urban flooding and compliments continued agricultural production. He expressed concern that the some of the approved mitigations have been modified, specifically regarding the buffer and the ß¹»²¼¿ ׬»³ èò½ò п¹» ê Minutes: City Council/Redevelopment Agency Meeting Page 7 Tuesday, October 13, 2009 fencing; that the applicant is requesting so many concessions; that the project was approved with mitigation measures over many public meetings and should be maintained; expressed support for the new drainage plan; however, he noted that the applicant has never talked to the Dixson Ranch representatives directly; and reiterated that this project has already been approved. Tony Janowicz, Lierly Lane, spoke in support of the proposal. Nora Looney, Lierly Lane, spoke in support of the proposal on behalf of the Subarea 2 residents. Colleen Martin, Olive Street, stated that the proposed amendments are a benefit to the applicant, not to the City or residents. She expressed concerns about the addition of rolled curbs, the deletion of the landscaped parkways; maintenance of the bioswale by the homeowners association; ongoing mitigation monitoring; reduction of the agricultural buffer; and spoke in opposition to any more changes to this project. Cliff Branch, applicant, responded to several of the public comments regarding tree mitigation and recent site work; apologized for not contacting Dixson Ranch representatives and said he would be happy to speak with them; stated that rolled curbs are not a deal breaker; stated this is a much better project, but that there are many details to work out; commented on the difficulty of increasing the agricultural buffer setback and that he cannot delete two more lots. Hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Guthrie supported changes to the road width and removing parking on one side along E. Cherry; supported allowing rolled curbs within the development and eliminating landscaped parkways; supported credit on sewer fees for pre-existing improvements; supported waiver of consultant costs as proposed; supported the drainage design Option B; supported the culvert; expressed concern that a reduction in the agricultural buffer will set a precedent and asked if there was another solution; noted that when looking at shorter areas in the buffer in other locations, there are non-conforming issues involved; stated that he was not sure that reducing it would result in an impact; commented that other issues still pending are of concern; noted that this should have been designated as a Specific Plan instead of a Neighborhood Plan; and concluded by stating he was leaning toward approval of the proposals. In response to a question by Council Member Fellows regarding the benefit of deleting the landscaped parkways, Mr. Branch explained that the lots and depth were reduced and the design of the project dictated removal of the parkways. Council Member Fellows acknowledged Ms. Titus’ concerns about liability for E. Cherry; expressed concerns about the proposed concessions; supported no parking on one side of E. Cherry and suggested placement of no parking signs; supported allowing rolled curbs; noted that landscaped parkways are a Village amenity and provide a benefit by breaking up the hardscape; and opposed a reduction to the size of the agricultural buffer. In response to a question by Council Member Arnold regarding liability and the outfall issue, City Attorney Carmel explained the liability and related issues regarding the drainage easement are being equitably addressed in the comprehensive drainage easement agreement. City Manager Adams explained that the intent is to have a temporary easement agreement in place and provided an update on the outfall structure. ß¹»²¼¿ ׬»³ èò½ò п¹» é Minutes: City Council/Redevelopment Agency Meeting Page 8 Tuesday, October 13, 2009 In response to a question by Council Member Arnold regarding whether reducing the agricultural buffer would set a precedent, City Attorney Carmel responded no because the Code requires a minimum 100 foot buffer and each project requiring a buffer is individually evaluated based on unique facts and circumstances. Council Member Arnold stated he wanted to see the drainage improvements constructed; he could support what is being proposed; acknowledged that the liability and outfall issue will be worked out; could support the reduction in the agricultural buffer and additional landscaping to offset the decreased buffer area; and supported drainage design Option B. In response to a question by Mayor Pro Tem Costello regarding modifications to the agricultural buffer as it relates to the Mitigated Negative Declaration, City Attorney Carmel stated it is a minor modification which staff sees as substantially compliant with the original approval. Mayor Pro Tem Costello acknowledged the City is looking for a regional drainage solution, which is tied to this project; stated the key issue was reduction of the agricultural buffer and that he does not see this as precedent setting as the project would have a minimum 100 foot buffer; commented that future owners need to be aware of the City’s Right to Farm Ordinance; he could support the project as proposed, including the proposed modifications to the conditions of approval; and concluded by stating the City is trading the benefits of acquiring a drainage solution with the requested concessions. In response to a question by Mayor Ferrara regarding applicant liability following construction of the drainage improvements, City Attorney Carmel explained that generally at such time the City accepts the drainage improvements, it assumes liability, maintenance and operation for that portion of the project. Mayor Ferrara acknowledged the City Attorney’s explanation regarding the liability issue and noted the City should never assume liability for a project that is under construction and not in the City’s control; inquired if there were any rolled curbs elsewhere in the City and stated he did not prefer rolled curbs; acknowledged that the City has worked hard to achieve the 130 foot buffer, however he was a proponent for flexibility when situations arise; suggested that Lot 21 be conditioned to place the house as far away from the buffer as possible; suggested a 2.8 ft reduction in lot size as a compromise to achieve the 130 foot buffer on one side of the project; and supported all other modified conditions, as well as drainage design Option B. Discussion ensued concerning the suggestion to reduce the lot sizes by 2.8 feet on one side of the project and Mr. Branch stated it was not that simple to move lot lines. Following comments, Director McClish explained that there is a condition of approval dealing with setbacks that was amended to be consistent with the previously approved Plan EX-2 back in May and that the condition could be amended to require that Lots 7 and 21 have a ten-foot side yard setback. Mr. Branch replied that he was fine with that amendment. Council Member Guthrie inquired if there were any other unresolved issues. Mr. Branch expressed concern with inspection fees related to the drainage system, as well as the proposed temporary drainage easement document. Mr. Carmel explained the purpose for the temporary easement ß¹»²¼¿ ׬»³ èò½ò п¹» è Minutes: City Council/Redevelopment Agency Meeting Page 9 Tuesday, October 13, 2009 agreement. Director McClish explained that other conditions referred to by the applicant that were not specifically amended were those conditions that needed an explanation or clarification. Based on Council discussion, City Attorney Carmel proposed three additional items for the Council’s consideration, as follows: Add condition of approval #148 – The applicant shall be permitted to file phased final maps; Add #72c – The applicant shall incorporate a greywater system into each residential unit within the tract; and recommended the Council approve the proposals subject to and contingent upon execution of the Grant of Temporary Easement Agreement, which would run through May 1, 2010 and would allow the City access to the easement for maintenance and repair of the existing drainage ditch. Mr. Branch expressed concern about not having had time to review the agreement and he stated he would only grant the requested easement contingent upon approval of the construction documents. Staff provided additional clarification that the purpose of the temporary easement agreement was to allow immediate access to the drainage ditch for maintenance and repair. A RESOLUTION OF Action:“ Council Member Guthrie moved to adopt a Resolution, as follows: THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING VESTING TENTATIVE TRACT MAP NO. 2653 FOR PROPERTY LOCATED BETWEEN EAST CHERRY AVENUE AND MYRTLE STREET, APPLIED FOR BY CLIFF BRANCH”, as amended, and to include conditions for allowing submittal of phased maps; that lots 7 & 21 require a 10 foot setback on the buffer side of the property; removal of the rolled curbs; and execution of the Temporary Easement Agreement within 10 days of approval.Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Arnold, Fellows, Costello, Ferrara NOES: None ABSENT: None Action: Council Member Guthrie moved to appropriate $11,900 from the Drainage Fund for consultant services associated with review and development of regional drainage concepts, as well as other items associated with the project. Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Arnold, Fellows, Costello, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEMS 11.a. Consideration of Proposed Police Station Project. Recommended Action: 1) Approve the Police Station Schematic Design; 2) Authorize the City Manager to execute an Agreement for Architectural Services with BFGC Architects to ß¹»²¼¿ ׬»³ èò½ò п¹» ç Minutes: City Council/Redevelopment Agency Meeting Page 10 Tuesday, October 13, 2009 prepare final design drawings and bid documents not to exceed $370,000; 3) Direct staff to develop a public education program to solicit feedback regarding the project and potential June 2010 general obligation bond measure; 4) Authorize the City Manager to submit final applications for California Investment Bank and USDA Rural Development Community Facilities low-interest loans; and 5) Authorize the City Manager to execute an agreement up to $25,000 with A.M. Miller Co. for financial advisor services. Action: Mayor Pro Tem Costello moved to continue consideration of the proposed Police Station Project to the next regular meeting of October 27, 2009. Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: Costello, Arnold, Fellows, Guthrie, Ferrara NOES: None ABSENT: None 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 11:05 p.m. _________________________________ Tony Ferrara, Mayor ATTEST: _________________________________ Kelly Wetmore, City Clerk (Approved at CC Mtg ____________) ß¹»²¼¿ ׬»³ èò½ò п¹» ïð ß¹»²¼¿ ׬»³ èò¼ò п¹» ï ß¹»²¼¿ ׬»³ èò¼ò п¹» î ß¹»²¼¿ ׬»³ èò¼ò п¹» í ß¹»²¼¿ ׬»³ èò¼ò п¹» ì ß¹»²¼¿ ׬»³ èò¼ò п¹» ë ß¹»²¼¿ ׬»³ èò¼ò п¹» ê ß¹»²¼¿ ׬»³ èò¼ò п¹» é ß¹»²¼¿ ׬»³ èò¼ò п¹» è ß¹»²¼¿ ׬»³ èò¼ò п¹» ç ß¹»²¼¿ ׬»³ èò¼ò п¹» ïð ß¹»²¼¿ ׬»³ èò¼ò п¹» ïï ß¹»²¼¿ ׬»³ èò¼ò п¹» ïî ß¹»²¼¿ ׬»³ èò¼ò п¹» ïí ß¹»²¼¿ ׬»³ èò¼ò п¹» ïì ß¹»²¼¿ ׬»³ èò¼ò п¹» ïë ß¹»²¼¿ ׬»³ èò¼ò п¹» ïê ß¹»²¼¿ ׬»³ èò¼ò п¹» ïé ß¹»²¼¿ ׬»³ èò¼ò п¹» ïè ß¹»²¼¿ ׬»³ èò¼ò п¹» ïç ß¹»²¼¿ ׬»³ èò¼ò п¹» îð ß¹»²¼¿ ׬»³ èò¼ò п¹» îï ß¹»²¼¿ ׬»³ èò¼ò п¹» îî ß¹»²¼¿ ׬»³ èò¼ò п¹» îí ß¹»²¼¿ ׬»³ èò¼ò п¹» îì ß¹»²¼¿ ׬»³ èò¼ò п¹» îë ß¹»²¼¿ ׬»³ èò¼ò п¹» îê ß¹»²¼¿ ׬»³ èò¼ò п¹» îé THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ׬»³ èò¼ò п¹» îè ß¹»²¼¿ ׬»³ èò»ò п¹» ï ß¹»²¼¿ ׬»³ èò»ò п¹» î ß¹»²¼¿ ׬»³ èò»ò п¹» í THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ׬»³ èò»ò п¹» ì ß¹»²¼¿ ׬»³ èòºò п¹» ï ß¹»²¼¿ ׬»³ èòºò п¹» î ß¹»²¼¿ ׬»³ èòºò п¹» í THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ׬»³ èòºò п¹» ì ß¹»²¼¿ ׬»³ èò¹ò п¹» ï ß¹»²¼¿ ׬»³ èò¹ò п¹» î ß¹»²¼¿ ׬»³ èò¹ò п¹» í ß¹»²¼¿ ׬»³ èò¹ò п¹» ì ß¹»²¼¿ ׬»³ èò¹ò п¹» ë ß¹»²¼¿ ׬»³ èò¹ò п¹» ê ß¹»²¼¿ ׬»³ èò¹ò п¹» é ß¹»²¼¿ ׬»³ èò¹ò п¹» è ß¹»²¼¿ ׬»³ èò¹ò п¹» ç ß¹»²¼¿ ׬»³ èò¹ò п¹» ïð ß¹»²¼¿ ׬»³ èò¹ò п¹» ïï ß¹»²¼¿ ׬»³ èò¹ò п¹» ïî ß¹»²¼¿ ׬»³ èò¹ò п¹» ïí ß¹»²¼¿ ׬»³ èò¹ò п¹» ïì ß¹»²¼¿ ׬»³ èò¹ò п¹» ïë ß¹»²¼¿ ׬»³ èò¹ò п¹» ïê ß¹»²¼¿ ׬»³ èò¹ò п¹» ïé ß¹»²¼¿ ׬»³ èò¹ò п¹» ïè ß¹»²¼¿ ׬»³ èò¹ò п¹» ïç ß¹»²¼¿ ׬»³ èò¹ò п¹» îð ß¹»²¼¿ ׬»³ èò¹ò п¹» îï ß¹»²¼¿ ׬»³ èò¹ò п¹» îî ß¹»²¼¿ ׬»³ èò¹ò п¹» îí ß¹»²¼¿ ׬»³ èò¹ò п¹» îì ß¹»²¼¿ ׬»³ èò¹ò п¹» îë ß¹»²¼¿ ׬»³ èò¹ò п¹» îê ß¹»²¼¿ ׬»³ èò¹ò п¹» îé ß¹»²¼¿ ׬»³ èò¹ò п¹» îè ß¹»²¼¿ ׬»³ èò¹ò п¹» îç THIS PAGE INTENTIONALLY LEFT BLANK ß¹»²¼¿ ׬»³ èò¹ò п¹» íð C in c A 44v October 20, 2009 City of Arroyo Grande Community Development Department P. O. Box 550 Arroyo Grande, CA 93421 To Whom it May Concern: As a resident of the Ocean Oaks Condos at 579 Camino Mercado, we received your notification regarding fuel modification. We feel this is a win -win situation, since the oaks trees are too close to the structures too over crowded with dead brush. This is especially so on the upper north and west sides where the trees are within the 100 foot management. With all the recent California fires and drought years, this makes good sense. Thank you very much. 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