Minutes 2011-01-25 MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, JANUARY 25, 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
7:00 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 Steven Adams, City Attorney Tim Carmel, Director of
Legislative and Information Services /City Clerk Kelly Wetmore, Director of
Administrative Services Angela Kraetsch, and Community Development
Director Teresa McClish.
3. FLAG SALUTE
Zack Braun, representing Central Coast Masonic Lodge #237, led the Flag Salute.
4. INVOCATION
Pastor Randy Ouimette, St. John's Lutheran Church and Chaplain for the Five Cities Fire Authority,
delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Mayor's Commendation Presented to Photographer Lisa Wilkerson in
Recognition and Appreciation for Featuring Arroyo Grande in "The Big Orange
Day ", a Publication which Displays Beautiful Photographic Images of the
Central Coast of California.
Mayor Ferrara introduced a brief KSBY television news video clip highlighting photographer
Lisa Wilkerson's story and subsequent publication of the book "The Big Orange Day ". He
then presented her with an Honorary Mayor's Commendation in recognition and
appreciation for featuring Arroyo Grande in "The Big Orange Day", a publication which
displays beautiful photographic images of the Central Coast of California.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Brown moved, Council 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.
Mayor Ferrara announced that he has a conflict of interest on Items 9.a., 9.b., and 9.c. and
would have to step down; however, he stated that the applicants of those items have requested
a continuance to the February 8, 2011 City Council meeting.
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Tuesday, January 25, 2011
Mr. Russell Read, General Counsel for Alpine Colony Enterprises - Cookie Crock Warehouse,
noted he had originally requested a continuance and stated that there were members of the
audience present who had expressed opposition to a grocery store and that it would be a
hardship for them not to speak on the matter tonight. He requested anyone who would have a
hardship returning on February 8"' be allowed to speak tonight, and also asked for clarification
on whether the items would be continued back to the City Council or Planning Commission.
Brief Council and staff discussion ensued in response to the request from Mr. Read and the
Council concurred to open the public hearing for Items 9.a., 9.b. and 9.c. to allow public
comments from any members of the public who could not attend the February 8 meeting.
Council Member Brown also noted that he had several questions he wanted to ask of staff. It
was also clarified that the projects would come back to the Council.
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Aaron Henkel, South Alpine, Registered Civil Engineer, expressed concerns that his input on
traffic issues relating to projects presented at the Traffic Commission meetings are not being
adequately considered by the Commission or by staff and that the City is relying solely on the
developer's professionals.
Alicia Lara, Rodeo Drive, expressed concerns regarding the Brisco Road Interchange project
Alternative 4 and that the neighborhood has just been notified of this project. She submitted a
petition of 28 signatures of neighborhood residents opposed to the project alternative and
requested that the residents be involved in any future discussions regarding the project. (Mayor
Ferrara noted that neighborhood meetings are currently being scheduled)
Camav Arad, E. Branch Street, Chameleon Fabrics Furniture and Design, referred to her
website www.cameleonstyle.com to view a video clip of her brief appearance on Oprah's
national show as part of the "Your OWN Show" contest that she entered.
Ann Steele, El Camino Real, inquired about the status of the El Camino Real improvement
project and when it would start. (City Manager Adams gave a brief status report of the project
and noted construction is expected to begin in early to late Spring, and Mayor Ferrara
commented on the funding sources for the project)
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.
Ross Konqable, Rodeo Drive, referred to Item 8.g. and expressed concern over the consultant's
costs and the proposed design of the Brisco Road Interchange project Alternative. He urged the
Council to include the neighborhood residents in the process.
Alicia Lara, referred to Item 8.g. and asked Council to provide staff with other direction until the
project can be looked into further and hold off on spending more money on the consultant.
Patty Welsh, Pradera Court, referred to Item 8.h. and expressed concern about escalating costs
for the City Hall project, as well as the Short Street project. She requested a breakdown of all
the costs.
Hearing no further comments, Mayor Ferrara closed the public comment period.
Mayor Ferrara requested Item 8.g. be pulled.
Council Member Guthrie requested Item 8.h. be pulled.
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Tuesday, January 25, 2011
Action: Council Member Brown moved, and Council Member Guthrie seconded the motion to
approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action. The
motion passed on the following roll -call vote:
AYES: Brown, Guthrie, Costello, Ray, Ferrara
NOES: None
ABSENT: None
8.a. Consideration of Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period January 1, 2011
through January 15, 2011.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report listing the current investment deposits of the
City, as of December 31, 2010, as required by Government Code Section 53646(b).
8.c. Consideration of Annual Adjustment of Development Impact Fees.
Action: Adopted Resolution No. 4335 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING DEVELOPMENT
IMPACT FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD
CONSTRUCTION COST INDEX ".
8.d. Consideration of Annual Adjustment of Sewer Connection Fees Based on
Changes in the Engineering News Record Construction Cost Index.
Action: Adopted Resolution No. 4336 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING SEWER CONNECTION
FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION
COST INDEC".
8.e. Consideration of an Award of Contract to Maino Construction for Construction
of the Centennial Park Project, PW 2011 -01.
Action: 1) Awarded a construction contract to Maino Construction in the amount of
$216,722; 2) Authorized the City Manager to approve change orders for 10% of the
contract amount, $21,672, for unanticipated costs during the construction phase of
the project; and 3) Appropriated an additional $60,000 of Park Development funds
for the Centennial Park Project.
8.f. Consideration of Authorization to Solicit Bids for a Weed Abatement
Contractor for the Annual Weed Abatement Program.
Action: Adopted Resolution No. 4337 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE FIRE CHIEF OF
THE FIVE CITIES FIRE AUTHORITY TO PREPARE A REQUEST FOR PROPOSALS
(RFP) FOR THE WEED ABATEMENT PROGRAM ON BEHALF OF THE CITY OF
ARROYO GRANDE ".
ITEMS PULLED FROM THE CONSENT AGENDA
8.g. Consideration of Amendment to Consultant Services Agreement with Planning
Company Associates.
Recommended Action: Authorize the City Manager to execute a Third Amendment
extending the Consultant Services Agreement with Planning Company Associates
for an additional ten month period for assistance in obtaining Caltrans approval for a
proposal to address deficiencies at the Brisco Road /Halcyon Road — Highway 101
Interchange.
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City Manager Adams clarified that this does not reflect design costs, which have been
extensive over the past 15 years. He explained that this consultant is not a design
consultant and that they were hired to assist the City through the Caltrans process. He
noted that regardless of the alternative selected, the City needs a liaison to work with
Caltrans.
Mayor Ferrara explained further about deliberations with Caltrans, which regulates Highway
101, which in turn impacts the City's circulation.
Council Member Costello acknowledged that this has been a long and difficult process and
supported continued work with the consultant to benefit all parties.
Council Member Guthrie referred to the upcoming workshops and requested that a review
of prior alternatives that included closing the ramps, as well as the traffic counts and
projects that were considered, be provided.
Action: Mayor Ferrara moved to approve Item 8.g. as recommended. Council Member Brown
seconded, and the motion passed on the following roll -call vote:
AYES: Ferrara, Brown, Guthrie, Costello, Ray
NOES: None
ABSENT: None
8.h. Consideration to Allocate Additional Funding for Construction of the Tenant
Improvements at 300 East Branch Street.
Recommended Action: 1) Authorize the City Manager to approve contract change
orders to the contract with Nick E. Pokrajac, Inc. for construction of the Tenant
Improvements at 300 E. Branch Street by an amount not to exceed $111,000; 2)
Approve and authorize the City Manager to execute an amendment to the contract
with MW Architects for design and construction services for the Tenant
Improvements at 300 E. Branch Street to increase the cost by $15,000; 3) Approve
and authorize the City Manager to execute an amendment to the contract with
Electricraft, Inc. for the construction of the Data and Communication Cabling for 300
E. Branch Street to increase the cost by $18,000; and 4) Appropriate an additional
$151,000 for the project budget from the General Fund unappropriated balance.
City Manager Adams explained the basis for requesting the additional appropriation which
included unexpected change orders due to design changes that were identified during
construction. He explained that there were changes that needed to be made because they
were left out of the original design. He noted that there is a potential for securing about $60,000
in unexpended Community Development Block Grant funds which could be reallocated to fund
the elevator costs as it qualifies as an ADA improvement.
Council comments ensued acknowledging changes that occur during construction; concerns
about how design errors occurred and responsibility for those errors; whether errors and
omissions insurance could cover those items above the expected costs; miscellaneous items
that were not originally identified including furniture and outside improvements; and concern
about voting on the matter prior to seeking cost recovery. Mayor Pro Tem Ray requested that a
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Tuesday, January 25, 2011
copy of the letter of the costs sent to Mr. Moore be provided to Ms. Welsh. In response to a
question from Council Member Guthrie on whether this action would preclude the Council from
taking further action to recover costs. City Attorney Carmel replied it would not.
Action: Council Member Guthrie moved to approve Item 8.h. as recommended. Mayor Pro
Tem Ray seconded, and the motion passed on the following roll -call vote:
AYES: Guthrie, Ray, Costello, Brown, Ferrara
NOES: None
ABSENT: None
9. PUBLIC HEARINGS
Mayor Ferrara announced a conflict of interest due to ownership of real property near the
project, stepped down from the dais, and left the meeting.
Mayor Pro Tem Ray took over as Presiding Officer.
9.a. 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.
Recommended Action: The Planning Commission recommends the City Council adopt
a Resolution adopting a Mitigated Negative Declaration and approving Specific Plan
Amendment 10 -001.
Council Member Brown asked if the developer has any entitlements with regard to the parcel.
City Attorney Carmel responded he was not aware of any entitlements.
Council Member Brown stated that staff has said from the beginning of this process that the
Council cannot dictate the type of use there and asked if an overlay or ordinance could have
been utilized to regulate the amount of space for food sales or to eliminate grocery stores as an
allowed use. Director McClish acknowledged the discussion and stated that yes, in the Specific
Plan, you can define or regulate uses different than those in the underlying zoning district. She
reminded the Council that in terms of the existing conditions on site, there is an existing Specific
Plan in effect and there is a request for an amendment to that Plan. She said the uses defined
in that Specific Plan are the same uses that are identified in the Gateway Mixed Use zoning
district.
Council Member Brown stated when he was on the Planning Commission, it was explained
differently than what he was now hearing. He commented that if the Specific Plan is being
opened up for other issues, then other amendments should be possible, including the
elimination of certain uses.
City Attorney Carmel explained there are pending completed applications that were processed
in good faith by the City and further explained the need to take action on the proposals currently
being presented. He confirmed that the Council has the ability to regulate uses in a Specific
Plan.
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Tuesday, January 25, 2011
Council Member Guthrie asked for clarification on the entitlement question. Director McClish
responded that the Specific Plan is in place, it does not match the current proposal, and it needs
to be amended to reflect the existing property lines due to a lot line adjustment that had
previously taken place. City Attorney Carmel explained the Specific Plan is not an entitlement
but is part of the legal framework for entitlements, and explained the discretionary review
process.
Mayor Pro Tem Ray opened the public hearing.
Bob Boyd, Palm Court, spoke in opposition to a grocery store at the proposed location.
Hearing no further comments, Mayor Pro Tem Ray closed the public hearing.
Action: Council Member Guthrie moved to continue the public hearing to the next Regular
City Council Meeting of February 8, 2011. Council Member Brown seconded, and the motion
passed on the following roll call vote:
AYES: Guthrie, Brown, Costello, Ray
NOES: None
•
ABSENT: Ferrara
9.b. 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 Square Feet Respectively; Location - Southwest Corner of East
Grand Avenue and South Courtland Street; Applicant: NKT Commercial.
Recommended Action: The Planning Commission recommends the City Council
adopt a Resolution approving Tentative Parcel Map 10 -001 and Conditional Use
Permit 10 -001.
Action: Council Member Brown moved to continue the public hearing to the next Regular City
Council Meeting of February 8, 2011. 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 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. [CC /RDA]
Recommended Action: The Planning Commission recommends the City Council adopt
a Resolution approving Conditional Use Permit 10 -003. In addition, staff recommends
that the Redevelopment Agency Board of Directors adopt a Resolution approving an
affordable housing and loan agreement and authorize the Executive Director to execute
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the agreement.
Action: Council Member Brown moved to continue the public hearing to the next Regular City
Council Meeting of February 8, 2011. Council Member Guthrie seconded, and the motion
passed on the following roll call vote:
AYES: Brown, Guthrie, Costello, Ray
NOES: None
ABSENT: Ferrara
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
None.
12. CITY COUNCIL REPORTS
(a) MAYOR FERRARA:
(1) San Luis Obispo Council of Governments /San Luis Obispo
Regional Transit Authority (SLOCOG /SLORTA). Announced that
supplemental funding may be available for rehabilitation of the Bridge
Street Bridge.
(2) South San Luis Obispo County Sanitation District (SSLOCSD).
Alternate attended in his absence.
(3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee. The
Subcommittee will be meeting with staff to put together two community
workshops on the project alternative.
(4) Other. Will be resurrecting the Recreation Center Subcommittee to
take a look at some alternatives for the community recreation center
proposed for Old Ranch Road and W. Branch Street.
(b) MAYOR PRO TEM RAY:
(1) Economic Vitality Corporation (EVC). Meets next week; Mr.
Manchek will be giving a presentation to the Council at the February
8 meeting.
(2) California Joint Powers Insurance Authority (CJPIA). Aside from
routine business, the CJPIA Board is considering the addition of a
District.
(3) Tourism Committee. Meets next week.
(4) Other. None
(c) COUNCIL MEMBER COSTELLO:
(1) Zone 3 Water Advisory Board. Reported there is a surplus of water
at Lopez available to the communities that participate; also
recommending buying emergency State water supply which will
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Tuesday, January 25, 2011
provide an additional surplus of water. Mayor Ferrara commented on
the need for Zone 3 to become more than an Advisory Board and brief
discussion ensued regarding the surplus water. Also reported that the
downstream release has been reduced to 1.3 million gallons /day.
(2) Air Pollution Control District (APCD). Meets tomorrow.
(3) Five Cities Fire Authority (FCFA). Received new 100' aerial truck;
however, it is not in service yet as training is currently taking place;
Board is examining steps necessary to form a Fire Protection District.
(4) Other. None.
(d) COUNCIL MEMBER GUTHRIE:
(1) South County Area Transit (SCAT). Meets tomorrow.
(2) Community Action Partnership (CAPSLO). The Homeless Center
project is in progress; a feasibility study has been completed, and a
fundraising plan is underway.
(3) Homeless Services Coordinating Council (HSOC). New HSOC
Executive Director is on board and under contract. Discussions
included use of parking lots for the homeless population.
(4) Other. Attended the SSLOCSD meeting; conducted a mid -year budget
review; District is experiencing fewer sewer connections resulting in
significant revenue shortages. Noted that an extensive report was
received on the flooding that occurred during the recent storms.
Discussion regarding meeting protocols was held and continued.
(e) COUNCIL MEMBER BROWN:
(1) Integrated Waste Management Authority Board (IWMA). Meeting
was cancelled.
(2) County Water Resources Advisory Committee (WRAC).
Conducted election of officers.
(3) Other. None
13. CITY COUNCIL MEMBER ITEMS
None.
14. COUNCIL MANAGER ITEMS
None.
15. COUNCIL COMMUNICATIONS
Mayor Ferrara announced that this is the City's Centennial year and last Friday night, Laetitia
Winery sponsored a reception to honor the people who have contributed to the Centennial
Celebration and all the associated events. As the Chair of the Committee, he stated that they
started off with a projected event budget of $125,000 and through the generosity of this
community, $118,000 has already been donated. He also recognized Branch Street Deli and
Eclair Bakery for providing food and desserts for the reception.
16. STAFF COMMUNICATIONS
None.
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Tuesday, January 25, 2011
17. COMMUNITY COMMENTS AND SUGGESTIONS
Steve Ross, Garden Street, noted that Grace Lane is open for traffic access and provided
suggestions for signage; suggested signage be posted banning trucks on Court land Street over
a certain weight; and commented on the surplus water at Lopez.
Bob Hess, Rodeo Drive, referred to the Brisco Interchange project consultant and expressed
concern that they will only be negotiating the one alternative project with Caltrans.
Susan Flores, E. Branch Street, referred to traffic speed on E. Branch Street and suggested the
use of solar speed signs to assist in reducing traffic speed; commented on the debris from the
school property running into the street during the rains; and noted that the air brake sign at
Huasna and 227 is not working well.
17. ADJOURNMENT
Mayor /Chair Ferrara adjourned the meeting at 8:35 p.m.
Tony Ferr yor /Chair
ATTEST:
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Kelly We ore 'City Clerk/Agency Secretary
(Approved at CC Mtg 2 - 22 - 2O1 I