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Minutes 2011-04-12 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, APRIL 12, 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 7:04 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 Attorney Timothy Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Chief of Police Steve Annibali, Director of Recreation and Maintenance Services, Assistant City Engineer Mike Linn, Associate Planner Kelly Heffernon, and Community Development Director Teresa McClish. 3. FLAG SALUTE Mayor /Chair Ferrara led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring April 2011 as "Sexual Assault Awareness Month ". Mayor Ferrara read and presented the Proclamation to Kristy McCray, Executive Director of the Sexual Assault Recovery and Prevention Center of San Luis Obispo County. 5.b. Honorary Proclamation Recognizing the Week of April 10 — 16, 2011 as "National Public Safety Telecommunications Week ". Mayor Ferrara read and presented the Proclamation to Police Chief Annibali. 5.c. Honorary Proclamation Declaring April 29, 2011 as Arbor Day. Mayor Ferrara read and presented the Proclamation to Director of Recreation and Maintenance Services Perrin. Minutes: City Council /Redevelopment Agency Regular Meeting Page 2 Tuesday, April 12, 2011 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council /Board Member Brown moved, Council /Board Member Guthrie 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, Comments and Suggestions: Patty Welsh, Pradera Court; Aaron Henkel, South Alpine; Brad Snook, Surfrider Foundation; Jeff Pinack, Surfrider Foundation; Dr. Margaret Carmen; Ms. Nea; Margaret Hennessey; Barry Hague; and Ms. Rona. 8. CONSENT AGENDA Mayor Ferrara invited public comment on the Consent Agenda. There were no comments received, and the public comment period was closed. Council Member Brown requested Item 8j. be pulled, and Mayor Pro Tem Ray requested Item 8.k. be pulled. Action: Council Member Brown moved, and Mayor Pro Tem Ray seconded the motion to approve Consent Agenda Items 8.a. through 8.1., with the exception of Items 8.j. and 8.k., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Brown, Ray, Costello, Guthrie, Ferrara NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period March 16, 2011 through March 31, 2011. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council meeting of March 22, 2011; the Regular City Council /Redevelopment Agency meeting of March 22, 2011; and Special City Council meeting of March 24, 2011, as submitted. 8.c. Consideration of a Resolution Renaming Village Green Park as Centennial Park. Action: Adopted Resolution No. 4351 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RENAMING THE VILLAGE GREEN PARKAS CENTENNIAL PARK ". 8.d. Consideration of a Resolution Authorizing the Refunding of Certain Obligations Secured by its Water Supply Contract with the San Luis Obispo County Flood Control and Water Conservation District. Action: Adopted Resolution No. 4352 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE REFUNDING OF CERTAIN OBLIGATIONS SECURED BY ITS WATER SUPPLY CONTRACT WITH THE SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ". 8.e. Consideration of a Consultant Contract Amendment with Wood Rodgers, Inc. for the Brisco Road - Halcyon Road /Route 101 Project Approval and Environmental Determination and Plans, Specifications and Estimates. Minutes: City Council /Redevelopment Agency Regular Meeting Page 3 Tuesday, April 12, 2011 Action: Approved Contract Amendment No. 6 with Wood Rodgers Inc., in a form approved by the City Attorney, to update environmental studies and continue preparation of the Project Approval and Environmental Determination, for the Brisco Road — Halcyon Road /Highway 101 Interchange Improvement Project, for an additional not -to- exceed amount of $487,662 for the PA &ED. 8.f. Consideration to Implement the Stormwater Low Impact Development Program. Action: 1) Approved the City's continued participation in the joint effort project; 2) Authorized the use of the Interim Low Impact Development Guidelines and the SLO County Stormwater Quality Plan and Application; and 3) Directed staff to begin the implementation of an illicit discharge program by training staff to detect illicit discharges, contacting automotive services, and related businesses to advise them of appropriate BMPs in managing illicit discharges and placing illicit discharge reporting information on the City website. 8.g. Consideration of Transportation Planning Grant Application for Preparation of a Bicycle and Pedestrian Master Plan. Action: Adopted Resolution No. 4353 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING A TRANSPORTATION PLANNING GRANT APPLICATION FOR PREPARATION OF A BICYCLE AND PEDESTRIAN MASTER PLAN ". 8.h. Consideration of Waiver of the Application Fee for Conditional Use Permit 11 -002; Interim RTA/SCAT Parking and Storage Facility; 800 Rodeo Drive. Action: Adopted Resolution No. 4354 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A WAIVER OF THE PLANNING APPLICATION FEE FOR CONDITIONAL USE PERMIT 11 -002; LOCATED AT 800 RODEO DRIVE; APPLIED FOR BY THE RTA/SCAT ". 8.i. Consideration to Approve First Amendment to Agreement for Consultant Services with Lisa Wise Consulting, Inc. for the Housing Element Update. Action: 1) Approved First Amendment to Agreement for Consultant Services with Lisa Wise Consulting, Inc.; and 2) Authorized the Mayor to execute the Amendment. 8.1. Consideration of Acceptance for the Base Bid of the Tenant Improvements at 300 East Branch Street, Project PW 2010 -12. Action: Accepted the Base Bid project improvements, as constructed by Nick. E. Pokrajac, Inc. in accordance with the plans and specifications for the tenant Improvements at 300 East Branch Street. ITEMS PULLED FROM THE CONSENT AGENDA 8.j. Consideration of an Agreement with Water Systems Consulting, Inc. for Updates to the Water and Sewer Master Plans. Recommended Action: 1) Approve a Consultant Services Agreement with Water Systems Consulting, Inc. in the amount of $99,495 for updates to the Water and Sewer Master Plans; 2) Authorize the Mayor to sign the agreement with Water System Consulting Inc.; and 3) Appropriate $21,733 from the Water Fund and $19,733 from the Sewer Fund into the Water and Sewer Master Plan project. In response to concerns expressed by Council Member Brown regarding the proposed funding for the proposal and whether the project could be delayed so the funding could be reallocated to other projects, staff explained the importance of updating the water and sewer master plans which are valuable tools for staff and decision makers to guide the City's development and Minutes: City Council /Redevelopment Agency Regular Meeting Page 4 Tuesday, April 12, 2011 capital improvement projects. In addition, Mayor Pro Tem Ray raised concerns regarding apparent conflicts of information relating to costs associated with preparation of the water and sewer master plan updates. Action: Council Member Brown moved to delay approval of the consultant services agreement and to revisit the proposal in one year. The motion failed due to the lack of a second. Action: Council Member Costello moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Item 8.j. with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Costello, Guthrie, Ferrara NOES: Brown, Ray ABSENT: None 8.k. Consideration of a Third Amendment to the Agreement with Dyer Engineering for the Le Point Street Improvements and Parking Lot Expansion Project, PW 2011 -02. Recommended Action: 1) Approve a Third Amendment to the Agreement for Consultant Services with Dyer Engineering to increase the "not to exceed" amount by $18,800 to provide construction survey staking and construction support services for the Le Point Street Improvements and Parking Lot Expansion Project; 2) Authorize the Mayor to execute the Amendment; 3) Make the following amendments to restore the original budgeted funds: appropriate $134,000 from the Transportation Facility Fund towards the Le Point Street widening improvements, $5,000 from the Water Fund for the installation of a water line by City forces, $155,820 from the Downtown Parking Funds for the Le Point Street Improvements, and return $168,789 to Police Building Project and $151,211 to Redevelopment Fund; and 4) Appropriate an additional $13,000 from the Downtown Parking Fund. In response to a request by Mayor Pro Tem Ray, staff provided clarification regarding the proposed additional appropriation which includes construction surveying in the scope of work for the project. Action: Mayor Pro Tem Ray moved, and Council Member Brown seconded the motion to approve Consent Agenda Item 8.k. with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Ray, Brown, Guthrie, Costello, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARINGS 9.a. Consideration to Adopt a Resolution Denying Appeal to City Council Case No. 11- 001, and Approving Administrative Sign Permit 10 -017 with a Condition of Approval Not To Allow Petco Sign Panel on Existing Five Cities Center Tower Sign. Minutes: City Council /Redevelopment Agency Regular Meeting Page 5 Tuesday, April 12, 2011 Community Development Director McClish recommended the Council continue the public hearing to a date certain of April 26, 2011, as requested by the applicant in order to allow an alternative sign plan to be prepared, as well as to allow the applicant's representative to attend. Mayor Ferrara opened the public hearing. No public comments were received and the public hearing was closed. Action: Council Member Brown moved to continue the public hearing to a date certain of April 26, 2011. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Costello, Ray, Ferrara NOES: None ABSENT: None Mayor Ferrara requested that Item 10.a. be moved up on the Agenda and the Council concurred. 10. CONTINUED BUSINESS 10.a. Consideration of Changes to Regulations Regarding Temporary Banners and Signs. City Manager Adams presented the staff report and recommended the Council direct staff to prepare an ordinance making the proposed changes to regulations regarding temporary banners and signs for Planning Commission and City Council consideration. Mayor Ferrara commented briefly on the proposal and then announced that he would be leaving the meeting due to previously arranged travel plans. He stepped down at 8:00 p.m. and left the meeting. Mayor Pro Tem Ray took over as Presiding Officer. Mayor Pro Tem Ray opened the public comment period. Speaking from the public were Aaron Henkel, S. Alpine, and John Spencer, Spencer's Market, who expressed concerns about creating more work for staff and the need for obtaining more input from small businesses. Patty Welsh, Pradera Court, spoke in favor of regulations for temporary banners. There were no further comments received, and the public comment period was closed. Action: Council Member Costello moved to direct staff to prepare an ordinance making the proposed changes to regulations regarding temporary banners and signs for Planning Commission and City Council consideration. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Ray NOES: Brown ABSENT: Ferrara Minutes: City Council /Redevelopment Agency Regular Meeting Page 6 Tuesday, April 12, 2011 9. PUBLIC HEARING ITEMS (cont'dl: 9.b. Consideration of Purchase and Sale, Financing and Leaseback Agreement Between the City and Redevelopment Agency for the Existing Police Building Property, A Proposed Funding Agreement Between the City and Redevelopment Agency for the Agency Funding of Architectural Services for the Police Building Project, and First Amendment to the Architectural Services Agreement with BFGC Architects for the Police Building Project. [CC /RDA] City Manager /Executive Director Adams presented the staff report and recommended: 1) the Council adopt a Resolution approving a Purchase and Sale, Financing and Leaseback Agreement with the Redevelopment Agency of the City of Arroyo Grande for the Agency's purchase of City -owned property for future affordable housing purposes and including, as part of the Agreement, a financing agreement for a City loan to the Redevelopment Agency to assist in funding the Agency's acquisition, and a lease by and between the Agency, as landlord, and the City, as a tenant, for the continued use of the property as the City's Police Station for up to five years or until the property is vacated and thereby available for use for an affordable housing project, and making the findings pursuant to Health and Safety Code Section 33445 in connection with the foregoing transaction; 2) the Redevelopment Agency Board of Directors adopt a Resolution approving the Purchase and Sale, Financing and Leaseback Agreement with the City as identified in the foregoing clause; 3) the City Council approve an amendment to the Consultant Services Agreement with BFGC Architects for the Police Building project in a form approved by the City Attorney; 4) the City Council adopt a Resolution making necessary findings to approve a Funding Agreement between the City and Agency to utilize Redevelopment Agency funds for this purpose; and 5) the Redevelopment Agency Board of Directors adopt a Resolution making necessary findings to approve a Funding Agreement between the City and Agency to utilize Redevelopment Agency funds for this purpose. Mayor Pro Tem Ray opened the public hearing. Speaking from the public was Aaron Henkel, S. Alpine, in opposition to the proposal. There were no other comments received, and the public hearing was closed. Action: Council /Board Member Guthrie moved to not approve the Purchase and Sale, Financing and Leaseback Agreement. Council /Board Member Brown seconded, and the motion passed on the following roll call vote: AYES: Guthrie, Brown, Costello, Ray NOES: None ABSENT: Ferrara Action: Council /Board Member Brown moved to approve an amendment to the Consultant Services Agreement with BFGC Architects for the Police Building project in a form approved by the City Attorney. Council /Board Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Costello, Ray NOES: None ABSENT: Ferrara Minutes: City Council /Redevelopment Agency Regular Meeting Page 7 Tuesday, April 12, 2011 11. NEW BUSINESS None. 12. CITY COUNCIL MEMBER ITEMS In follow up to a significant amount of public comment regarding the PG &E Smart Meter issue, Council Member Guthrie requested the Council direct staff to place the matter on a future agenda. Due to timing issues related to the pending Califomia Public Utilities Commission (CPUC) hearings, City Attorney Carmel indicated it was permissable under the Brown Act to take action accordingly. Action: Council Member Brown moved to direct staff to bring back on a future Agenda discussion on the Smart Meter issue with a request that PG &E allow customers to Opt -Out on the use of wireless meters. Council Member Guthrie seconded, and the motion passed on the following roll call vote: AYES: Brown, Guthrie, Costello, Ray NOES: None ABSENT: Ferrara 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Pro Tem Ray requested that staff place an item on a future Agenda under City Council Member Items regarding formal adoption of the East Grand Avenue Enhancement Plan. Mayor Pro Tem Ray noted that Mayor Ferrara is on vacation for the next two weeks. 15. STAFF COMMUNICATIONS City Manager Adams commented on the Community Forum, "Preventing and Responding to Hate and Bias", sponsored by the NAACP and held last night at St. John's Lutheran Church. He reported that the City would be taking the lead in the creation of a Five Cities Diversity Committee. He also noted that a proposed Resolution declaring the City's commitment to diversity would be presented at the May 10 City Council meeting. 16. COMMUNITY COMMENTS AND SUGGESTIONS Aaron Henkel, S. Alpine, responded to Council discussion and comments held earlier in the meeting regarding the proposed temporary sign and banner regulations, as well as on the Police building project. 17. ADJOURNMENT Mayor Pro TemNice Chair Ray adjourned the meeting at 9:00 p.m. Minutes: City Council/Redevelopment Agency Regular Meeting Page 8 Tuesday, April 2, 2011 Caren Ray, Mayo - Pro TemNice Chair ATTEST: Kelly We o iCity Clerk/Agency Secretary (Approved at CC Mtg [-2(01010