Loading...
Minutes 2009-04-14MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 14, 2009 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Jim Guthrie, Ed Arnold, Chuck Fellows, Mayor Pro Tem Joe Costello, and Mayor Ferrara were present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Director of Public Works Don Spagnolo, Associate Planner Teresa McClish, and Associate Planner Jim Bergman. 3. FLAG SALUTE Kendra Kimlinger, representing the Arroyo Grande Rotary Club, led the Flag Salute. 4. INVOCATION Dr. Mayer-Harnish, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Recognizing Arbor Day. Mayor Ferrara presented Director of Parks, Recreation and Facilities Director Perrin with an Honorary Proclamation recognizing April 24, 2009 as "Arbor Day". 5.b. Mayor's Commendation Recognizing Firefighter Paul Fordyce. Mayor Ferrara presented Firefighter Paul Fordyce with a Commendation for his heroic life-saving efforts on Monday, March 9, 2009. Mr. Mike Zimmerman also expressed his gratitude and thanked Firefighter Fordyce for his quick response and medical rescue efforts. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello moved, Council Member Arnold seconded, and the motion passed unanimously that all ordinances moved for introduction or adoption at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT. COMMENTS, AND SUGGESTIONS Jeff Svern proposed the City consider the conversion of street lights to LED lights as one solution to address the budget shortfall. He acknowledged the conversion to LED traffic signal lights and noted that PG&E is working on potential rebate programs. Tom Martin, South County Sanitary Service, reminded the Council and the public about Clean-Up Week from April 20`" through April 24'" and explained the rules and regulations. 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. No public comments were received. Minutes: City Council Meeting Tuesday, April 14, 2009 Page 2 Action: Council Member Costello moved, and Council Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Costello, Arnold, Fellows, Guthrie, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period March 16, 2009 through March 31, 2009. 8.b. Consideration of Approval of City Investment Policy. Action: Approved the Investment Policy. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of March 10, 2009; the Regular City Council Meeting of March 24, 2009; and the Special City Council Meeting of March 31, 2009, as submitted. 8.d. Consideration of Employment Benefit Settlement Agreements (Allen and Sanchez). Action: Approved the proposed Employment Benefit Settlement Agreements. 8.e. Consideration of Acceptance of the Well No. 7 Rehabilitation Project PW 2008-04. Action: 1) Accepted the project improvements, as constructed by Bakersfield Well & Pump Company in accordance with the plans and specifications for the Well No. 7 Rehabilitation Project; 2) Authorized a transfer of $5,000 from the Water Fund; 3) Directed staff to file a Notice of Completion; and 4) Authorized release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.f. Consideration of Acceptance of the Thies/Keisler Tennis Court Resurfacing Project, PW 2008-02. Action: 1) Accepted the project improvements as constructed by Saviano Company, Inc. in accordance with the plans and specifications for the Thies/ Keisler Tennis Court Resurfacing Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.g. Consideration to Approve Construction Plans and Specifications and Environmental Exemption for the Fair Oaks Avenue Sewer Upgrade Project, PW 2009-02. Action: 1) Approved the construction plans and specifications for the Fair Oaks Avenue Sewer Upgrade Project, PW 2009-02; 2) Found that the Fair Oaks Avenue Sewer Upgrade Project is categorically exempt from CEQA pursuant to Section 15303(c); and 3) Directed the City Clerk to file a Notice of Exemption. 8.h. Consideration to Approve Construction Documents for the Asphalt Repairs Project, PW 2009-03. Action: 1) Approved the construction documents for the Asphalt Repairs Project, PW 2009- 03; 2) Found that the Asphalt Repairs Project is categorically exempt from CEQA pursuant to Section 15301; and 3) Directed the City Clerk to file a Notice of Exemption. 8.i. Consideration of Authorization for the City of Arroyo Grande to be the Host Agency in the Application Process for Assistance to Firefighters Grant (AFG) to Replace the 1987 Van Pelt Aerial Apparatus and Share Matching Funds with the City of Grover Beach and Oceano Community Services District. Action: Accepted the responsibility to be the host agency in the application process for Assistance to Firefighters Grant (AFG) to replace the 1987 Van Pelt aerial apparatus and share matching funds with the City of Grover Beach and Oceano Community Services District. Minutes: City Council Meeting Tuesday, April 14, 2009 Page 3 8.j. Consideration of a Resolution Establishing a Job Description and Salary Range for the Custodian Position. Action: Adopted Resolution No. 4175 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A JOB DESCRIPTION AND SALARY RANGE FOR THE CUSTODIAN POSITION". 9. PUBLIC HEARINGS 9.a. Consideration of Historic Resource Designation 08-001-A (139 West Branch Street) and 08-001-B (145 West Branch Street). Associate Planner Bergman presented the staff report and stated that the Historical Resources Committee recommended that both 139 and 145 West Branch Street be designated as local historical resources; the Architectural Review Committee recommended that neither 139 nor 145 West Branch Street be designated as local historical resources; the Community Development Director recommended that neither 139 nor 145 West Branch Street be designated as local historical resources, unless and until the "significance" of the properties is clarified by further environmental impact analysis; and stated the Planning Commission's vote was 2-2, which constituted no action. Staff responded to questions from Council concerning the consideration of the consultant's analysis and recommendations as evidence, and findings that must be made concerning modifications to the structure(s). Mayor Ferrara opened the public hearing, and invited the property owner to address the Council first. Grea Nester, property owner, acknowledged that the Council was not evaluating his proposed project; however, he noted that the Council's decision tonight could impact whether his project proceeds or not and how it sets precedence for future historic designations. He expressed concern about the number of properties eligible for potential historic designation and the resulting requirement for a full environmental impact report (EIR). He spoke about the expense of an EIR; reviewed the timeline and process from the date he purchased the property and noted that at the time of application for his proposed development project, he had reviewed the development standards and guidelines that were in effect, and that the historic designation process was not in place. He stated the value and economics will be reduced if the property is designated as a historic resource and will limit its capability for rehabilitation. He further spoke about the current CEQA process and its detriment to potential projects. John Robasciotti, neighboring property owner, spoke in opposition to the proposed historic resource designation of the structures. Camav Arad, Village business owner, spoke in opposition to the proposed historic resource designation of the structures. Shirley Daniels, recent Village homeowner, spoke in opposition to the proposed historic resource designation of the structures. Bill Hart, Historical Resources Committee (HRC) Chair, spoke of the role of the HRC and how decisions are made based on established criteria and standards; referred to review of the National Register Bulletin when evaluating historic significance, and stated the HRC recommendation was not taken lightly. Garv Scherguist, HRC Member, reviewed the extensive research and findings to designate the structures as historic resources and stated he believed that historic designation would increase the property values. Steve Ross, Garden Street, spoke in opposition to the proposed historic resource designation of the structures. Minutes: City Council Meeting Page 4 Tuesday, April 14, 2009 Bill McCann, Crown Hill, cautioned the Council to consider the proposal carefully as once the buildings are gone, they can't be brought back. He referred to examples of buildings in the Village that have been saved and re-used. Shirley Gibson, HRC Member, commented on and quoted from the Cultural Resources Management Services (CRMS) study and stated the structures were eligible for historic designation under the Department of Interior guidelines. Pearl Cole, W. Branch Street, spoke in opposition to the proposed historic resource designation of the structures. Gordon Bennett, Allen Street, spoke in support of the historic resource designation for the structures and opposed removal or demolition of the buildings. Grep Moore, Village business owner, acknowledged historic preservation and supports designations as appropriate; however, he spoke in opposition to the proposed historic resource designation of the subject structures. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Guthrie referred to the Village design guidelines and the small town rural atmosphere that the City's General. Plan calls for and stated that he did not believe these standards are being applied to this proposal. He stated that when reviewing the proposal and the required criteria, there is a low threshold for historic designation. He stated, however, that every single criteria requires a certain threshold of significance. With regard to 139 W. Branch Street, he referred to criteria #2 and stated the documentation showed various persons or events associated with the structure; however,. there was not a single person or event which would provide a high enough threshold for historic designation. He stated he did not believe the use of the structure as a mortuary brings the building to a level of historic significance. He then referred to criteria #7 and stated that this was not a unique location. He concluded by stating that he could not make the findings of historical significance for 139 W. Branch Street. With regard to 145 W. Branch Street, he said the structure appears to be a relatively unique example of period architecture; it is visually unaltered; and stated that he was not inclined to designate it as historic; however, maybe this is a unique building that should be protected. Council Member Fellows read an excerpt from correspondence the Council received from the President of the South County Historical Society regarding the two buildings in which two professional consultants and the Historical Resources Committee (HRC) indicate the buildings qualify for historic designation. He noted the City and the applicant are bound by the California Environmental Quality Act (CEQA) and asked if a consultant determines that the buildings do meet the National or State criteria for historic designation, is the applicant required to do an Environmental Impact Report (EIR) prior to a project moving forward. City Attorney Carmel clarified that the proposal under consideration tonight is the sole issue of whether or not the structures should be designated as historic and that determination is exempt from CEQA. He said the other issue is the proposed development project which has not yet come before the Council in which an Initial Study was conducted and a determination was made that an EIR will be required. Council Member Fellows commented that the HRC found the structures to be historically significant and recommended historic designation; that the firm CRMS concluded that the structures are eligible under the Secretary of Interior's criteria for significance and CEQA; that according to CEQA, only one of the criteria must be met in order for the structures to be eligible for listing in the California Register of Historic Resources; that consultant Cynthia Thompson agreed with CRMS that both structures qualify as historic resources under CEQA criteria; that he agreed with the HRC, CRMS, and Cynthia Thompson's conclusions as they are experts in this matter; that he has read Minutes: City Council Meeting Page 5 Tuesday, April 14, 2009 the reports, the CEQA handbook, and pertinent sections of National Register Bulletin #15; that he disagreed with the Architectural Review Committee's (ARC) conclusion that the buildings are not significant; that although the Planning Commission voted 2-2, he believed that a majority would have voted for historic designation if the Commission had used the CEQA manual and National Register Bulletin #15 and would have focused on the matter of designation and not confused the issue with speculation as to what would be the result of designation on future projects; that he trusts the recommendations of the HRC and highlighted the personal history and relevant background of each HRC member and consultant; that the HRC received advice and training from a nationally recognized preservation expert and has studied and made use of CEQA materials and the National Register Bulletin #15; that he has no reason to doubt their conclusion that the structures are historically significant enough to qualify for the California Register of Historic Places and therefore Arroyo Grande's local register; that such recognition would be a positive move; that it would allow these resources to remain part of the potential Downtown Historic District; that they could be adaptively reused and continue to draw tourists and locals to the Village in order to support the merchants and the entire City; and that he supports making the findings and taking tentative action to designate both 139 and 145 W. Branch Street as local historical resources. Council Member Arnold agreed with the cumulative effect assessment used by Council Member Guthrie in that none of the individuals associated with theses structures meet the significant contribution criteria needed to achieve a level of historic significance and the structures should not be designated as historic; spoke about the reasons why people come to the Village, including the historical component, but that it also has to do with the character of the Village; that the two structures currently do not add a positive character to the Core Village commercial district; acknowledged that it was the first opportunity to use the HRC's resources; noted that when the Historic Resource Designation Ordinance was adopted, he had been concerned about the issue of economics of designating a property as historic; noted that on an individual basis, there is little incentive to designate as historic; he acknowledged the restoration of Ruby's House and noted that the house was located in an area near a park and other historic structures which is appropriate; suggested that there may be a need to apply an economic standard in the process; spoke about appropriate scale, referred to the three-story building that frames that end of the Village, and that this now becomes an issue of scale; noted that it would be difficult to have a viable business in these structures; suggested that there may be a need to look at the standards to determine if the threshold is too low; stated that for the Village to be vibrant, there is a need to combine new buildings with the old buildings; and expressed concern that redevelopment efforts would be negatively impacted if restoration of every older structure is subject to an EIR. Mayor Pro Tem Costello commented on the purpose and intent for historic resource or district designation to promote the general welfare by providing for the identification, protection, enhancement, perpetuation and use of improvements, buildings, structures, signs, features, sites, places and areas within the City that reflect special elements of the City's historical, architectural, archaeological, cultural or aesthetic heritage; that the process does not address economics; that the evidence presented by the HRC and the study by CRMS show that a number of criteria were reviewed and compared to CEQA and Federal standards; that the structures originally represented the transition between the business district and the smaller housing that used to exist in Arroyo Grande, however, the issue now is historical context and they do represent a good example of the smaller type of structures that were constructed in this area; stated that 145 W. Branch was visually unaltered, and 139 W. Branch Street has been expanded, and they do represent the historical value of structures in the community; noted that once a building is gone, it is gone and the concept of designating structures as historical and trying to protect them is to ensure for the long term that those buildings that are historical will be preserved, enjoyed and appreciated by the future Minutes: City Council Meeting Page 6 Tuesday, April 14, 2009 generations of people that live and shop here; agreed that the Village should be attractive and economically successful, however, the historical designation does not take that into consideration; noted that when development proposals come forward in the future, this issue can be further evaluated; that based on the information presented, these two buildings have historical significance for the City and he supports moving forward with designating the structures as historical resources. Mayor Ferrara acknowledged it was difficult to separate the issue of future development proposals with the historic designation proposal; acknowledged the clarification that was made that when and if a development proposal comes forward with a historic structure, there can be mitigation in some form, however, that decision comes later; cleared up public misconceptions that if the boundaries of the Historic District are expanded or redesignated, structures within those boundaries are not automatically deemed historic; observed that while economics and retail is a very important part of the Village, it is not all of the Village, and there are examples of service oriented businesses that are not retail; discussed the guidelines and criteria and how the HRC was created to evaluate the manner in which historic structures are designated; agreed that the criteria is going to be subjective in some way, but is widely used in other regions; acknowledged the condition of the buildings, however, he referred to good examples of similar structures in the Village that are being successfully maintained; referred to criteria #2 and said a case has been made that the people connected with these properties are people strongly connected to the City's history; referred to criteria #7 and said that 145 W. Branch meets the criteria, but not really with 139 W. Branch Street; and referred to criteria #8 and said that both structures meets the criteria due to their proximity to similar structures around them; stated he was in favor of supporting the HRC's recommendation; and concluded by stating that with regard to the Community Development Director's recommendation, his report was objective in that he stated that while he did not believe the documentation was sufficient for historic designation purposes, it may be sufficient to trigger heightened environmental review analysis under CEQA, and that he concluded that impacts to historic resources are potentially significant and an EIR will be recommended for the proposed development project. Action: Mayor Pro Tem Costello moved to take tentative action to designate both properties as local historical resources and to direct staff to return with supporting Resolutions. Council Member Fellows seconded, and the motion passed on the following roll-call vote: AYES: Costello, Fellows, Ferrara NOES: Guthrie, Arnold ABSENT: None Mayor Ferrara called a break at 9:25 p.m. The Council reconvened at 9:40 p.m. 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEMS 11.a. Consideration of Modification to California Public Employees' Retirement System Contract for the Miscellaneous Employee Group. Director of Financial Services Kraetsch presented the staff report and recommended the Council: 1) Approve and authorize the Mayor to sign on behalf of the City a Resolution of Intention to amend the contract with the California Public Employees' Retirement System for local Miscellaneous Minutes: City Council Meeting Page 7 Tuesday, April 14, 2009 members; 2) Introduce an Ordinance amending the contract with the California Public Employees' Retirement System for local Miscellaneous members (Section 20903, Two Years Additional Service Credit); and 3) Authorize the Mayor to sign the Certification of Compliance with Government Code Section 20903. Action: Council Member Arnold moved to adopt a Resolution of Intention as follows: "RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL, CITY OF ARROYO GRANDE". Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call vote: AYES: Arnold, Costello, Fellows, Guthrie, Ferrara NOES: None ABSENT: None Action: Council Member Arnold moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM FOR LOCAL MISCELLANEOUS MEMBERS". Council Member Fellows seconded, and the motion passed on the following roll-call vote: AYES: Arnold, Fellows, Guthrie, Costello, Ferrara NOES: None ABSENT: None 12. CITY COUNCIL REPORTS a. MAYOR TONY FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). 1) SLOCOG Board discussed additional stimulus funding available for local projects that would have resulted in a redistribution of streets and roads funding and came up with an option to divert the available funding to the Willow Road project; an option was voted on which would not impact the funding already committed for W. Branch Street in Arroyo Grande and projects in Morro Bay and Atascadero. 2) SLORTRA Board discussed and debated on contract services versus in-house services to run the County-wide bus operation; voted to bring operations, dispatch, and maintenance in-house; will be looking for an alternate location as Ride-On is not interested in sharing their new facility. (2) South San Luis Obispo County Sanitation District (SSLOCSD). The Board met, the plant is running fine, and there is nothing significant to report at this time. (3) BriscolHalcyon/Hwy 701 Interchange Project Subcommittee. The City Manager will have a report to share upon his return. (4) Recreation Center Subcommittee. The Subcommittee met and discussed potential amenities and operator; will host an upcoming all-day workshop to brainstorm conceptual ideas and plans for design; referred to community member with extensive design experience. (5) Other. Attended the League of California Cities (LOCC) Public Safety Policy Committee meeting; will be attending the LOCC Board of Directors meeting tomorrow to discuss propositions on the upcoming May ballot. Minutes: City Council Meeting Tuesday, April 14, 2009 Page 8 b. MAYOR PRO TEM JOE COSTELLO: (1) Zone 3 Water Advisory Board. Nothing new to report since the last meeting. (2) Air Pollution Control District (APCD). Fire Oversight Committee. Noted there are long-term economic issues facing the District and the Board will be examining various options. (3) Fire Consolidation Oversight Committee. Has not met since the last report; next meeting is later this month. (4) Other. None. c. COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT). Has not met since last report; next meeting is April 29t". (2) Economic Opportunity Commission (EOC). The EOC is expanding again by taking over an operation from San Diego. (3) California Joint Powers Insurance Authority (CJPIA). Did not attend due to conflict with the EOC meeting; the HR Manager attended; reported on revised formulas for determining insurance costs. (4) SLO County 10-Year Plan to End Homelessness Leadership Council. Determined that no County funding was available so will be approaching the cities to seek small contributions. (5) Tourism Committee. Has not met since last report. (6) Other. None. d. COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). Working on used paint take-back program to require sellers to take back a certain quantity; grant funds available to help fund the program. (2) Economic Vitality Corporation (EVC). Nothing significant to report at this time. (3) Other. Attended Recreation Center Subcommittee meeting. e. MAYOR PRO TEM CHUCK FELLOWS: (1) South County Youth Coalition. No report at this time. (2) County Water Resources Advisory Committee (WRAC). Discussed issues in other communities of Los Osos and Paso Robles; reported no confirmed positives on invasive Quagga mussels to date; reported the water level/capacity at Lopez Lake is down about 11 feet; last year at this time = 76% capacity, this year = 60%. (3) Other. None. 13. CITY COUNCIL MEMBER ITEMS: Mayor Ferrara referred to a recently hosted Mayor's meeting at which the State ballot measures (Propositions) were discussed, noted the League of California Cities voted to support the propositions, and inquired whether the City would want to place the matter on a future Agenda and take a position. Following brief discussion, it was agreed that Mayor Ferrara would discuss the matter with City Manager Adams upon his return to determine whether the issue should be placed on a future Agenda for discussion. 14. CITY MANAGER ITEMS: None. Minutes: City Council Meeting Tuesday, April 14, 2009 Page 9 15. COUNCIL COMMUNICATIONS: Council Member Fellows referred to the deteriorating condition of Pearwood Avenue, stated he did not see it on the City's Pavement Management Schedule, and requested staff to follow up to see where it is on the schedule. 16. STAFF COMMUNICATIONS: Acting City Manager Perrin reported that construction of the Dog Park at Elm Street Paris would be starting tomorrow. 17. COMMUNITY COMMENTS AND SUGGESTIONS: Steve Ross, Garden Street, stated he was disappointed with the Council's earlier decision on the historic designation and said the City will wind up with two blighted buildings in the City's downtown core. He also referred to a significant graffiti problem in Albuquerque, where he used to live, and spoke about a graffiti abatement program that they created which involved donations of used paint from various retailers. While he noted there is not a significant graffiti problem on the Central Coast, it may be a program the City would want to look into in order to utilize unused paint instead of disposing it. Mayor Ferrara requested that Mr. Ross forward any materials about the program to the Chief of Police. Council Member Arnold noted that the IWMA is contracting with a local firm to reprocess the paint for resale or to give away and they found that there was no local interest. He stated they are now transporting the paint to Los Angeles. John Keen, N. Elm Street, referred to the report on the water level at Lopez Lake and said it reminded him that on Saturday, April 18~'• at 10:00 a.m., there would be a sprinkler and sprinkler control seminar in the Council Chambers. Kristen Barneich, Canyon Way, spoke on behalf of the Tree Guild and announced that the Tree Guild planted its 140'" tree at the Paulding House this past weekend. She referred to the Tree Guild's new website, www.treeguild.org, and stated its mission is to preserve and enhance the urban forest in Arroyo Grande. She said 51 trees have been planted so far this year and they would welcome any new members to come help plant trees. 18. ADJOURNMENT Mayor Ferrara announced that Ed Nelson, who had a long history in Arroyo Grande, was the owner of Certified Freight Lines, and contributed to the success of the area's local vegetable growers, had recently passed away. He adjourned the meeting at 10:10 p.m. in Mr. Nelson's memory. Tony Fer ~Ilayor ATTEST: - Ke11y Wetm re, Clerk (Approved at CC MtgrJ "la'aDD9 t