Minutes 2009-04-28MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 28, 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 7:01 p.m.
2. ROLL CALL
City Council: Council Members Jim Guthrie, Ed Arnold and Chuck Fellows, Mayor Pro Tem
Joe Costello, and Mayor Tony Ferrara were present.
City Staff Present: City Manager Steve Adams, City Attorney Timothy Carmel, Director of
Administrative Services/City Clerk Kelly Wetmore, Director of Financial
Services Angela Kraetsch, Director of Community Development Rob Strong,
and Chief of Police Steve Annibali.
3. FLAG SALUTE
Anne McCracken, representing the Arroyo Grande Valley Kiwanis Club, led the Flag Salute.
4. INVOCATION
Mayor Ferrara delivered the invocation.
5. SPECIAL PRESENTATIONS
S.a. Introduction of New Police Commanders John Hough and Charles Gerhart.
Mayor Ferrara welcomed Police Chief Annibali. Chief Annibali thanked the Mayor and Council and
then introduced and provided a brief biography on each of the two new Police Commanders, John
Hough and Charles Gerhart.
5.b. Oaths of Office Administered to New Police Officers Zak Ayala, Jeremy Burns, and
Matthew DePriest.
Chief Annibali introduced the three new Police Officers, provided a brief biography on each Officer,
and the Officers were pinned with their new badges by a friend or family member. City Clerk
Wetmore then administered the Oaths of Office to all three Officers.
5.c. Honorary Proclamation Declaring May 2009 as "Bike Month".
Mayor Ferrara presented an Honorary Proclamation proclaiming May 2009 as "Bike Month" and
May 18 - 22, 2009 as "Bike to Work and School Week". Jim DeCecco, representing the San Luis
Obispo Bicycle Coalition, accepted the Proclamation.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Council Member Fellows moved, Council Member Costello 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.
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Tuesday, April 28, 2009
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
None.
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 further public comments were received.
Council Member Arnold requested that Item 8.i. be pulled for a separate roll call vote.
Action: Council Member Arnold moved, and Council Member Fellows seconded the motion to
approve Consent Agenda Items 8.a. through 8.k., with the exception of Item 8.i. with the
recommended courses of action. The motion passed on the following roll-call vote:
AYES: Arnold, Fellows, Guthrie, Costello, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Ratified the listing of cash disbursements for the period April 1, 2009 through April
15, 2009.
8.b. Consideration of Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of March 31, 2009.
8.c. Consideration of Approval of the City of Arroyo Grande Red Flag Policy.
Action: Approved the City of Arroyo Grande Red Flag Policy.
8.d. Consideration of Council Appointment to Architectural Review Committee.
Action: Approved the recommendation of Council Member Fellows to appoint Marcy Betita
to the Architectural Review Committee.
8.e. Consideration of First Amendment To Agreement With North Coast Engineering For
the EI Camino Real Improvement Project.
Action: 1) Approved a First Amendment to the Agreement for Consultant Services with
North Coast Engineering to increase the "not to exceed" amount by $21,608 to include the
design of new bicycle lanes, sidewalk gap closures, and underground utilities between
Cornwall Avenue and East Grand Avenue as part of the EI Camino Real Retaining Wall, EI
Camino Real Resurfacing, and EI Camino Real/Chilton Street Waterline capital improvement
projects; 2) Authorized a transfer of $3,400 from the Sewer Fund for the estimated sewer
improvements construction costs between Cornwall Avenue and East Grand Avenue; 3)
Authorized a transfer of $117,985 of Local Sales Tax funds from the West Branch Street
Resurfacing project for the underfunded construction costs for the Retaining Wall and
Resurfacing projects; and 4) Authorized the Mayor to execute the amendment.
8.f. Consideration To Approve Construction Plans and Specifications for the Parking Lot
Bioswale, Crown Hill Sidewalk Project, and the Montego StreetlHillcrest Drive
Intersection Improvements Project; and Second Amendment to Agreement with MNS
Engineers, Inc. for Consultant Engineering Services.
Action: 1) Approved the construction plans and specifications for the City Hall Parking Lot
Bioswale and Crown Hill Sidewalks Project (PW-2008-07A), found that the project is
categorically exempt from CEQA pursuant to Section 15301, and 15332, and directed the
City Clerk to file a Notice of Exemption; 2) Approved the construction plans and
specifications for the Montego Street/Hillcrest Drive Intersection Improvements Project (PW-
2008-076), find that the project is categorically excluded from NEPA pursuant to 24 CFR
58.5 and exempt per 24 CFR 58.35 (a); and 3) Approved a Second Amendment to the
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Tuesday, April 28, 2009
Page 3
Agreement for Consultant Services with MSN Engineers, Inc. to increase the "not to exceed"
amount by $21,795 for the preparation of a Caltrans permit plan set for the proposed
sidewalk along State Route 227, and authorized the Mayor to execute the amendment.
8.g. Consideration of a Resolution Amending Temporary Use Permit Case No. 09-003
Authorizing the Use of the Parking Lot of City Leased Property (111 South Mason
Street) for the Annual Arroyo Grande Strawberry Festival on May 22, 23, and 24, 2009.
Action: Adopted Resolution No. 4177 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TEMPORARY USE PERMIT
09-003 AUTHORIZING THE USE OF THE PARKING LOT OF CITY LEASED PROPERTY
(111 SOUTH MASON STREET) FOR THE ANNUAL ARROYO GRANDE STRAWBERRY
FESTIVAL ON MAY 22, 23, AND 24, 2009".
8.h. Consideration of Temporary Use Permit 09-008; Requesting Closure of Bridge Street
for "Bridge Street in Bloom" -May 16, 2009; Noon until 4 PM.
Action: Adopted Resolution No. 4178 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CLOSURE OF A
CITY STREET FOR BRIDGE STREET IN BLOOM ON MAY 16, 2009; TEMPORARY USE
PERMIT NO. 09-008".
8.j. Consideration of a Resolution Approving a Side Letter of Agreement Modifying the FY
2008/09 through FY 2009/10 Memorandum of Understanding with the Arroyo Grande
Police Officers' Association.
Action: Adopted Resolution No. 4179 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A SIDE LETTER OF
AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING".
8.k. Consideration of Approval of an Appropriation of Funds for a Recreation Center
Design Charrette.
Action: Approved an appropriation of $3,000 from the Recreation Community Center Impact
Fund to help fund a design Charrette for the proposed Recreation Center to be located on
the City property at 400 West Branch Street.
ITEMS PULLED FROM THE CONSENT AGENDA
8.i. Consideration of Historic Resources Designation 08-001-A (139 West Branch Street)
and 08-001-B (145 West Branch Street).
Recommended Action: Adopt Resolutions designating 139 and 145 West Branch Street as
local historic resources.
Action: Mayor Pro Tem Costello moved to adopt Resolution No. 4180 as follows: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING
HISTORIC RESOURCE DESIGNATION OS-001-A; DESIGNATING THE STRUCTURE LOCATED
AT 139 WEST BRANCH STREET AS A LOCAL HISTORIC RESOURCE'; and to adopt
Resolution No. 4181 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING HISTORIC RESOURCE DESIGNATION 08-001-B;
DESIGNATING THE STRUCTURE LOCATED AT 145 WEST BRANCH STREET AS A LOCAL
HISTORIC RESOURCE". Council Member Fellows seconded, and the motion passed on the
following roll call vote:
AYES: Costello, Fellows, Ferrara
NOES: Arnold, Guthrie
ABSENT: None
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Tuesday, April 28, 2009
9. PUBLIC HEARINGS
None.
10. CONTINUED BUSINESS ITEMS
None.
11. NEW BUSINESS ITEMS
11.a. Consideration of Property Owner Consent of Designation of 214 East Branch Street
(City Hall) and 208 East Branch Street (Public Works Engineering) as Local Historical
Resources.
City Manager Adams presented the staff report and recommended the Council approve property
owner consent for designation of the structures located at 214 East Branch Street (City Hall) and
208 East Branch Street (Public Works Engineering) as local historical resources.
Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter,
and upon hearing no public comments, he closed the public comment period.
Council Member Arnold stated that he believed that the two buildings have definite differences in
historic significance; that he believed the Public Works building rises to the level of historic
significance from the style of the architecture, who lived there, and the building's unmodified
condition; that after reading the assessment report, he was hesitant to designate the City Hall
building as historic for several reasons, including the fact that it is not strongly identified or
associated with a person; it states it "may meet" the criterion for architectural style and period of
history; that it "may qualify" under the criterion for possessing distinguishable characteristics of an
architectural type, which are not the same levels that were met with the Public Works building in
which the building met all the criteria. He explained that he was not sure the City Hall building rises
to the level of significance that should be required of all buildings determined to be historic. He
expressed concern about pending evaluations and alternatives for the City Hall building and
impacting the ability to make decisions on potential proposals. He stated his preference was to
approve the designation on the Public Works building and to postpone the decision on the City Hall
building.
Council Member Guthrie shared the opinion that the Public Works building rises to the threshold of
historic significance that has been established; that the Council should lead the way and be willing
to consider historic designations on City property; supports designating the Public Works building
as an historic resource; that he has concerns with designating the City Hall building as a historic
resource based on the findings in the assessment report, specifically under criteria 1, 2, 4 and 7
which he considered as a low threshold for historic designation; and agreed with the suggestion to
wait to make a decision until after the Council has reviewed the City Hall Complex proposal.
Council Member Fellows stated that the Council is not making a decision of historical value based
on potential development at a later date; clarified that the Architectural Review Committee (ARC)
determination on the Nester project was that the structures were not historically significant; stated
that the consultant has determined that the two buildings being considered tonight meet the criteria,
CEQA criteria, National Register Bulletin #15 criteria, and that they should be considered locally as
historically significant; clarified that if they are determined locally to be historically significant, there
is some flexibility for modification; noted the Historical Resource Committee (HRC) and ARC have
determined both buildings to be historically significant; cautioned the Council in using a double
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Tuesday, April 28, 2009
standard when determining historical status; and supported staffs primary recommendation to put
the two buildings on the local historic register.
Mayor Pro Tem Costello agreed that the Public Works building meets the threshold of the criteria
for historic designation; has mixed feelings on the City Hall building and would support delaying a
decision if that opportunity were available; found it questionable whether or not the City Hall building
meets the criteria; found the history of the building a little confusing; would be willing to postpone a
decision on whether or not it meets the historical criteria, however, he was leaning toward a
historical designation in the future and not basing his decision on the ultimate intended use of the
building; agreed that even if it is designated as historically significant, it does not mean that the
building cannot be altered or taken down if findings of overriding consideration were established.
In response to questions by Mayor Ferrara, City Manager Adams elaborated on the ability of
modifying, altering, moving, or with certain findings, demolishing a historically designated resource.
City Manager Adams noted that each application would be reviewed on a case by case basis, to
determine the impact of what's proposed through the environmental review and whether that
impacts the historical integrity that the historical designation is based on. He stated that a decision
on appropriate mitigations would be considered by the Planning Commission and City Council, and
the Council also has the authority to approve a Statement of Overriding Considerations. He also
stated that while the historic designation of the City Hall building does not impact the existing
evaluation currently underway, the architect, at the Council's request, is looking at other alternatives
that may involve demolition and destruction. He noted, however, that historic designation would not
impact staff's recommendation on a preferred plan for the City Hall Complex.
Mayor Ferrara expressed concern that the analysis doesn't carry a consistent level of strength or
conviction between the two buildings for historic designation; however, the analysis does address
the differences between the two buildings, therefore, the analysis would not be consistent in terms
of the criteria. He stated that the analysis determines the two buildings are historic for different
reasons; expressed concern that the Council is presented again with expert analysis in the record
that convinced him to make his previous decision and that these types of issues should be reviewed
consistently; noted that the Council should not be evaluating a potential future project and should
be focused only on the criteria and information in the record that points to an analysis or evaluation;
believed that the buildings are in a unique location and have a singular physical characteristic
representing an established and familiar, visible feature (City Hall); and supported staff's
recommendation.
In response to a question by Mayor Pro Tem Costello, brief discussion ensued concerning the
history, architecture, and modifications to the City Hall building.
Council Member Guthrie also clarified that his suggestion to delay a decision on the City Hall
building was based on whether or not it would be preserved, and he did not believe that the criteria
rises to the level of historic significance.
Council Member Arnold agreed that there was not definitive language in the findings to establish a
high level of historic significance.
Action: Council Member Fellows moved to approve property owner consent for designation of the
structures located at 214 East Branch Street (City Haii) and 208 East Branch Street (Public Works
Engineering) as local historical resources. Mayor Ferrara seconded, and the motion passed on the
following roll-call vote:
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Tuesday, April 28, 2009
AYES: Fellows, Ferrara, Costello
NOES: Arnold, Guthrie
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). Has not met since last report. Next meeting is May
9m
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Did not attend
last meeting due to conflict with League of California Cities Board of Directors
meeting.
(3) Brisco/Halcyon/Hwy 101 Interchange Project Subcommittee. City Manager is
working on scheduling the next meeting.
(4) Recreation Center Subcommittee. A design charrette/workshop is scheduled to be
held on May 7'h.
(5) Other. None.
b. MAYOR PRO TEM JOE COSTELLO:
(1) Zone 3 Water Advisory Board. Reported that the Zone 3 budget is under
discussion and Engineers and Finance representatives from all agencies have been
involved and have reached consensus on the FY 2009-10 budget; and a taskforce
will be looking at the efficiencies of the treatment plant.
(2) Air Pollution Control District (APCD). Announced that APCD is supporting "Bike
Month"; and reported that a workshop will be held regarding State regulations and
grant funding to clean up diesel engines on May 14'h in San Luis Obispo; and there
are over $600,000 available in local grant funding on a first come first served basis
for on-road, off-road, and agricultural projects based in the County.
(3) Fire Oversight Committee. Met last week; moving forward on day to day
operations and joint efforts are continuing to be efficient; will be studying joint
dispatch services.
(4) Other. None.
c. COUNCIL MEMBER JIM GUTHRIE:
(1) South County Area Transit (SCAT). Meets tomorrow.
(2) Economic Opportunity Commission. Reported that the organization name has
changed to "Community Action Partnership".
(3) California Joint Powers Insurance Authority (CJPIA). Nothing to report at this
time.
(4) SLO County 10-Year Plan to End Homelessness Leadership Council. Reported
that the County will be looking for funding and will be approaching the cities to
contribute approximately $2,500.
(5) Tourism Committee. Has not met since last report.
(6) Other. Attended the SSLOCSD meeting; reported that the digester is coming back
online and the District is moving forward with the co-generation project.
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Tuesday, April 28, 2009
Page 7
d. COUNCIL MEMBER ED ARNOLD:
(1) Integrated Waste Management Authority Board (IWMA). Has not met since last
report.
(2) Economic Vitality Corporation (EVC). Will be meeting next Wednesday.
(3) Other. None.
e. MAYOR PRO TEM CHUCK FELLOWS:
(1) South County Youth Coalition. No report at this time.
(2) County Water Resources Advisory Committee (WRAC). Has not met since last
report.
(3) Other. None.
13. CITY COUNCIL MEMBER ITEMS:
13.a. Request for staff to place on a future agenda options for streamlining and/or
clarifying role of Architectural Review Committee (ARC) and Community Development
Director in the process for designating local historical resources.
Mayor Ferrara requested the Council consider placing on a future agenda options for streamlining
and/or clarifying the roles of the ARC and the Community Development Director in the process for
designating local historical resources. Brief discussion ensued concerning the criteria and
standards for designating local historical resources and whether the process should be reviewed in
its entirety. The Council concurred with the Mayor's request to direct staff to prepare a report and
place the item on a future Agenda for further discussion.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Council Member Arnold announced that he would not be able to attend the first meeting in May or
the two meetings in June due to unanticipated conflicts in which he will be out of town.
Council Member Fellows requested staff look into the malfunctioning of his microphone on the dais
Council Member Fellows also indicated he was less than satisfied with how the graffiti abatement
process is being handled and requested that staff look into the matter. City Manager Adams
responded that Police Chief Annibali is working on this issue and would be bringing forth
information for the Council to consider at a future meeting.
Council Member Fellows reported that Jane Line, President of the South County Historical Society,
was in the hospital and requested everyone keep her in their thoughts.
Mayor Ferrara reported that he and Mayor Pro Tem Costello would be carpooling to the League of
California Cities Channel Counties meeting on Friday, May 1s`. He noted that the speaker would be
Judy Mitchell, Rolling Hills Estates Mayor and current President of the League of California Cities.
16. STAFF COMMUNICATIONS:
City Manager Adams reported on the following issues:
- Pandemic (swine) flu -Noted that the City was currently reviewing its disaster preparedness
procedures and conducting some contingency planning. He stated that City officials are
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Tuesday, April 28, 2009
monitoring infonnation released by the County and would be preparing educational
materials for the public.
- Joint Dispatch Services -Provided an update and stated that a study is being initiated to
explore joint dispatch services with other local agencies, including Oceano Community
Services District, Grover Beach, San Luis Obispo, Atascadero and Paso Robles.
- COPS Funding -Reported that grant applications have been, prepared by the Police
Department.
- Fire Department -Staff is preparing a grant application in conjunction with the City of
Grover Beach for a ladder truck.
- City Hall -Staff is preparing an grant application for a Department of Energy.grant to fund a
compressed natural gas fueling station, conversion of some vehicles to alternate fuel
vehicles, as well as a series of solar paneled electric charging stations to place in various
parking lots.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 8:26 p.m.
Tony Ferr yor
ATTEST:
Kelly
(Approved at