Minutes 2009-06-09MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, JUNE 9, 2008
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
7:08 p.m.
2. ROLL CALL
City CounciURDA: Council/Board Members Joe Costello, Jim Guthrie, Ed Arnold, Chuck
Fellows, and Mayor/Chair Tony Ferrara were present.
City Staff Presets: City Manager Steven Adams, City Attorney Tim Carmel, Director of
Administrative Services/City Clerk Kelly Wetmore, Director of Financial
Services Angela Kraetsch, Director of Building and Fire Mike Hubert,
Director of Parks, Recreation and Facilities Doug Perrin, Director of Public
Works Don Spagnolo, Director of Community Development Rob Strong,
Associate Planner Teresa McClish, Assistant Planner Jim Bergman.
3. FLAG SALUTE
Zack Braun, representing Central Coast Masonic Lodge Post 237, led the Flag Salute.
4. INVOCATION
Pastor Randy Ouimette, Saint John's Lutheran Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Ordinances Read in Title Only.
Mayor Pro Tem Costello moved, Council 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
Mike McConville, E. Branch Street, referred to the Swinging Bridge and commented on how nice
the area looks.
Kristen Bameich, Canyon Way, President of the Arroyo Grande Tree Guild, commented on the
Tree Guild's mission statement to preserve the City's urban forest; stated that 148 trees have been
planted since the Tree Guild's inception in 2005; acknowledged and appreciated various members
of City staff; and stated that the Tree Guild looks forward to more partnership projects with the City.
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. There were no public comments received.
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Tuesday, June 9, 2009
Mayor Pro Tem Costello requested that Item 8.c. be pulled for a separate vote.
Council Member Fellows requested that Items 8.e. and 8.k. tie pulled.
Mayor Ferrara requested that Item 8.h. be pulled.
A on: Mayor Pro Tem Costello moved, and Council Member Fellows seconded the motion to
approve Consent Agenda Items 8.a. through 8.m., with the exception of Items 8.c., S.e., 8.k. and
8.h., wRh the recommended courses of action. The motion passed on the following roll-call vote:
AYES: Fellows, Guthrie, Amold, Costello, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement RaUflcaUon.
Action: Ratified the listing of cash disbursements for the period May 16, 2009 through May
31, 2009.
8.b. Consideration of Fiscal Year 2009-10 Appropriation Limit
Action: Adopted Resolution No. 4188 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A TAX PROCEEDS
EXPENDITURE APPROPRIATION LIMIT FOR FISCAL YEAR 2009-10".
8.d. Consideration of Appointment to Downtown Parking Advisory Board.
Action: Approved the appointment of Jeremy Davenport to the Downtown Parking Advisory
Board.
8.f. Consideration of a Resolution Approving a Second Side Letter of Agn~ement to the
Service Employees international Union Loca1620 Memorandum of Understanding.
Ac n: 1) Adopted Resolution No. 4193 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A SECOND SIDE
LETTER OF AGREEMENT TO THE SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 620 MEMORANDUM OF UNDERSTANDING",• and 2) Authorized the City
Manager to execute the Agreement.
8.g. Consideration of a Resolution Modifying Compensation for Management Employees
for FY 2009-10.
Action: 1) Adopted Resolution No. 4194 as follows: "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING COMPENSATION FOR
MANAGEMENT EMPLOYEES FOR FY 2009-10"; and 2) Authorized closure of City offices
December 28 through December 31, 2009.
8.i. Consideration of a Purchase and Sale Agreement with Howard Hankins to Seil
Excess Property at the Reservoir No. 2 Site.
Action: Approved and authorized the City Manager to execute a Purchase and Sale
Agreement with Howard Hankins to sell excess City property at the Reservoir No. 2 site.
8.j. Consideration of Request for aOne-Year Time Extension for Amended Conditional
Use Permit No. 06-003 to Construct New Commercial Buildings; Applicant - Investec
Real Estate Companies; Location: 925 Rancho Parkway, Pad "I" (Phase II of the Five
Cities Center), and the 1100 Block of West Branch Street (Phase I of the Five Cities
Center).
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Tuesday, June 9, 2009
Page 3
Action: Adopt Resolution No. 4195 as follows: "A RESOLUTION OF THE C/TY COUNCIL
OF THE CITY OF ARROYO GRANDE APPROV-NG A ONE:YEAR TIME EXTENSION FOR
AMENDED CONDITIONAL USE PERMIT NO. OB-003, APPLIED FOR BY/NVESTEC REAL
ESTATE COMPANIES, LOCATED AT 92S RANCHO PARKWAY AND THE 1100 BLOCK
OFWEST BRANCH S7REET (FIVE CITIES SHOPPING CEN7ER)".
8.1. Consideration of a Contract Amendment with Todd Engineers in Connection with the
Annual Monitoring Report
Action: 1) Approved allocation of Funds for an Amendment to the Agreement with Todd
Engineers in wnnection with the annual monitoring report for the Santa Maria Groundwater
Adjudication; and 2) Appropriated $5,710 from the Water Fund.
8.m. Consideration of Amendment to the Agreement with the Coastal San Luis Resource
Conservation District and Funding for the Tally Ho Neighborhood Stream
Restoration: Site Analysis and Aitematives Review.
Action: 1) Approved the proposed Amendment to the City's existing Agreement with
Coastal San Luis Resource Conservation District regarding the provision of erosion and
sedimentation control service; and 2) Approved an expenditure not to exceed $60,000 for
the Tally Ho Neighbofiood Stream Restoration: Site Analysis and Alternatives Review.
ITEMS PULLED FROM THE CONSENT AGENDA:
Mayor Pro Tem Costello declared a conflict of interest due to ownership of real property, and
stepped down from the dais.
8.c. Consideration of Confinnatlon of Assessments for Tracts 1158, 1788, 2310, and 2238.
Recommended Action: 1) Adopt Resolution confirming landscaping assessments for all
parcels within Tract 1158; 2) Adopt Resolution confirming landscaping and .lighting
assessments for all parcels within Tract 1769; 3) Adopt Resolution confirming the
assessment for the Parkside Assessment District for all parcels within Trail 2310 (Paricside
Village Subdivision); and 4) Adopt Resolution confirming the assessment for the Grace
Lane Assessment District for all parcels wkhin Tract 2236 (Grace Lane Subdivision).
Action: Council Member Arnold moved to: 1) Adopt Resolution No. 4189 as follows: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING A
LANDSCAPING ASSESSMENT FOR TRACT 1158"; 2) Adopt Resolution No. 4190 as follows: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING A
LANDSCAPING AND LIGHTING ASSESSMENT FOR TRACT 1789"; 3) Adopt Resolution No.
4191 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE CONFIRMING THE ASSESSMENTS FOR THE PARKSIDE VILLAGE ASSESSMENT
DISTRICT (TRACT 2310)"; and 4) Adopt Resolution No. 4192 as follows: "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE ASSESSMENTS
FOR THE GRACE LANE ASSESSMENT DISTRICT (TRACT 2238)". Council Member Guthrie
seconded, and the motion passed on the following roll-call vote:
AYES: Arnold, Guthrie, Fellows, Ferrara
NOES: None
ABSENT: Costello (recused)
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Tuesday, June 9, 2009
Mayor Pro Tem Costello and Council Member Fellows deGared conflicts of interest due to their
South County Historical Society membership and stepped doom from the dais.
8.e. Consideration of Request by South County Historical Society to Waive City Building
Permit Fees Associated with Renovation of the Paulding History House and to Co-
sponsor the Antique Show and Sale.
Recommended Action: Approve request to waive City building pennft fees associated
with renovation of the Paulding History House and to co-sponsor the Annual Antique Show
and Sale.
Action: Council Member Amold moved to approve the request to waive City building permit fees
associated with renovation of the Paulding History House and to co-sponsor the Annual Antique
Show and Sale. Council Member Guthrie seconded, and the motion passed on the following roll-
call vote:
AYES: Amold, Guthrie, Ferrara
NOES: None
ABSENT: Costello, Fellows (recused)
Mayor Pro Tem Costello and Council Member Fellows returned to the dais.
8.h. Consideration of Ballot Votes for the Proposed San Luis Obispo County Mosquito,
Vector and Disease Control Assessment.
Recommended Action: Authorize the City Manager to approve submitting a "Yes" vote for
approval of the proposed San Luis Obispo County assessment for mosquito, vector and
disease control.
Mayor Ferrara expnjssed concern about the City paying for services that will largely be provided in
other areas of the County and what benefit the City would derive from the proposed assessment
district. Brief discussion ensued concerning the proposed mail ballot measure; that k is a
countywide issue; that if the measure does not pass, there may be no mosquito abatement
program at all; and that the proposed assessment for City owned property is a fairly small fiscal
impact to the City.
Action: Council Member Guthrie moved to authorize the City Manager to approve submitting a
"Yes' vote for approval of the proposed San Luis Obispo County assessment for mosquito, vector
and disease control. Council Member Arnold seconded, and the motion passed on the following
roll-call vote:
AYES: Guthrie, Arnold, Fellows, Costello, Ferrara
NOES: None
ABSENT: None
8.k. Consideration of Second Amendment to Agreement with North Coast Engineering for
the EI Camino Real Improvement Project
Recommended Action: 1) Approve a Second Amendment to the Agreement for
Consukant Services with North Coast Engineering to increase the "not to exceed' amount
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Tuesday, June 9, 2009
Page 5
by $19,851 to incude the expansion of the Halcyon Park and Ride Lot as part of the EI
Camino Real Retaining Wall, EI Camino Real Resurtacing, and EI Camino ReaUChilton
Street Waterline capital improvement projects; and 2) Authorize the Mayor to execute the
amendment.
Council Member Fellows asked ff there would be any opportunity for street trees to be added or H
any street trees are proposed to be taken out. Associate Planner McClish responded that she did
not believe any street trees are being impacted but there may be some oaks impacted around the
vicinity of the retaining walls; however, it would be considered during environmental review for the
project and appropriate mitigation would be applied: City Manager Adams noted that the addition of
street trees would be considered as part of the streetscape portion of the project.
Action: Council Member Fellows moved to: 1) Approve a Second Amendment to tt-e Agreement
for Consultant Services with North Coast Engineering to increase the "not to exceed" amount by
$19,851 to include the expansion of the Halcyon Park and Ride Lot as part of the EI Camino Real
Retaining Wall, EI Camino Real Resurtacing, and EI Camino ReaUChilton Street Waterline capital
improvement projects; and 2) Authorize the Mayor to execute the amendment. Council Member
Guthrie seconded, and the motion passed on the following roll-call vote:
AYES: Fellows, Guthrie, Amold, Costello, Ferrara
NOES: None
ABSENT: None
9. PUBLIC HEARINGS
9.a. Continued Public Hearing -Consideration of Historic Resource Designation 08-
002(c); 200 East Branch Street (Building and Life Safety Division).
Associate Planner Bergman presented the staff report and recommended the Council: 1) Consider
the recommendations from the applicable advisory bodies regarding the designation of 200 East
Branch Street as a local historical resource; and 2) Take tentative action and direct staff to return
with an appropriate Resolution. Staff then responded to questions from Council concerning the
HRC's review of the proposal; and how a local historic designation might impact a future building
owner's ability to modify the building.
Mayor Ferrara opened the public hearing.
Kristen Bameich, Canyon Way, displayed a photo and an artist's rendering of the building. She
spoke in support of the Historic Resources Committee's (HRC) and Planning Commission's (PC)
recommendation to designate 200 E. Branch as a local historic resource based on three criteria
(#3, #4, and #8). She reviewed each criterion; stated this was a perfect example of 1950's
architecture; described the features of significance; stated the building should be preserved and
listed on the local historic register as it is the only example left in the Vllage of its architecture.
Mike McConville, E. Branch Street, spoke in support of retaining the building for historical
preservation. He expressed confusion, after listening to the consultant at the previous meeting,
about the criteria being used to determine historic significance, the roles and duties of the HRC,
PC and Architectural Review Committee (ARC) in the designation process, and whether the City
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Tuesday, June 9, 2009
has legally ident~ed the previous buildings as historic.
Shirley Gibson, HRC member, commented that the village is a sprinkling of architectural styles;
stated the subject building is short and stout, is unique, and it contributes to the unique
streetscape. She displayed photos from the past of persons and of the building at 200 E.
Branchand explained their history. She spoke in support of designating 200 E. Branch Street as a
local historical resource and suggested painting of a mural on the outside wall. She stated this was
an opportunity for the City to combine history, art, and self-promotion.
Garv Scherauist, HRC member, responded to public comments and noted that the City doesn't
need a District or consultant in order to determine whether a building is a local historic resource.
He said he researched the building permit files for the buildings on E. Branch Street; confirmed that
the building was not associated with a sign~cent person; stated he was not opposed to removing
or remodeling the back portion of the building; however, he supported maintaining the character of
the building as much as possible.
Susan Flores, E. Branch Street, spoke about mid-century heritage versus mid-century modem
architecture, and opposed any destruction of the building at 200 E. Branch Street.
Hearing no further public comments, Mayor Ferrara closed the public hearing.
Council Member Arnold provided the following comments:
- Noted that. there was no proposal other than to designate the building as historic;
- Stated he believed the building was not historic based on the consultant's report;
- Noted that there is no district in place right now and may not even support such a district; and
would need more information before making such a determination;
- Dces not believe the building meets any of the criteria and would not designate the building at
200 E. Branch Street as a local historic resource.
Council Member Fellows provided the following commeMS:
- Referred to the proposed ARematives, spe~cally #t and #4, and stated he was leaning
towards designating 200 E. Branch Street as a local historical resource;
- Agreed that the City should be a leader in such historic designation matters;
- Did not think the fact that historic designation would reduce the value of the property toward a
trade for another property was a relevant factor in this determination;
- Could not support a double standard on this building as it relates to public versus private
property;
- Reviewed and read portions of the consultant's letter which clarified comments made at the first
public hearing concerning local historic designation;
- Referred to HRC members and the fact that they have done sign cant research on the matter,
- Referred to Gary Scherquist's letter regarding local significance which includes information
necessary to date the building as at least 50 years old;
- Wrth regard to the designation process, he reviewed the three required findings listed in the
staff report and stated they could be made, and supported designation of the building at 200 E.
Branch Street as a local historic resource.
Council Member Guthrie provided the following comments:
- Commented and acknowledged that the HRC has been consistent in the way they are
reviewing these buildings, especially as they contribute to the history of Aroyo Grande;
- Stated there has been a series of interesting associations and activities associated wkh the
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Tuesday, June 9, 2009
building; however, it does not add up to a historic sign~cence in order to qualify as a historic
resource;
- Believed there is a lack of documentation under the current criteria;
- Wdh regard to reviewing the architectural component/criteria, he believed that the ARC is the
key committee to review the significance of the architecture;
- Dces not see this building as a sign~cent contributor to the Village;
- Dces not rise to level of historic sign~cence;
- Was not sure that there was sign cant community interest in preserving the buiding;
- Noted that the only documentation is that the building is at least 50 years old;
- Would not support historic designation.
Mayor Pro Tem Costello provided the following comments:
- Referred to information in the consultant's report and noted that absent archival records, he
was relying on the oral history and the history provided by people who have been around;
- Referred to the 1931 Sanborn maps and noted that the structure at that time was not the
existing structure and must have been removed; referred to other pictures of the existing
building and its various uses; noted that the existing building appears to have been constructed
in the late 40's or early 50's, and he was inclined to believe the building remains as originally
constructed;
- Stated the building is a good example of 1950's architecture;
- Reviewed the findings and believed that the building meets the required criteria for historic
designation.
Mayor Ferrara provided the following comments:
- Acknowledged the varying positions on this matter and noted that there is no exact science;
- Clarified that then; is no proposed project being considered at this time;
- Acknowledged there appears to be confusion and lack of structure for the advisory bodies
conceming the criteria being used to determine historic designation; need a more consistent,
structured process with limited subjectivity;
- Noted that the criteria has been used one time; input received since then indicates that the
process needs to be further reviewed;
- In review of the criteria, he did not see this building fitting in the criteria as the previous
buildings at 139 8145 E. Branch did;
- Stated 'rF the City is to have a valid historic designation process, there is a need to filter out
most of the subjective opinions and interpretations in the criteria;
- Cannot support historic designation of the building at 200 E. Branch Street; however, he noted
that the Cfty owns the property and suggested that any future disposition of the building be
conditioned in such a way that the existing fagade is maintained and enhanced.
In response to a question by Council Member Fellows conceming the legality of Alternative #4 in
which ft says the City Council can direct staff to eliminate any proposals that involve removal of the
building without designating. City Attorney Carmel explained it is defensible but it is probably not
binding. City Manager Adams suggested that the Council could direct that any potential proposals
that come forward include an option that maintains the existing structure or portion thereof.
Discussion ensued regarding options and akematives.
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Tuesday, June 9, 2009
Action: Council Member Arnold moved to not designate the structure at 200 East Branch Street
as a local historical resource, but to require any project proposal to include an option retaining the
fapade and incorporating it into the design. Council Member Guthrie seconded.
Council Member Fellows commented that after hearing all the discussion and the public testimony,
he believed the best alternative to be Attemative 1, which would be to make the findings and take
tentative action to designate the building as historic; however, he would reluctantly support the
motion as a lesser aRemative.
The motion passed on the following roll-call vote:
AYES: Arnold, Guthrie, Fellows, and Ferrara
NOES: Costello
ABSENT: None
Council Member Arnold left the meeting at 8:45 p.m.
10. CONTINUED BUSINESS ITEMS
None.
11. NEW BUSINESS ITEMS
11.a. Consideration of the FY 2008-10/FY 2010-11 Biennial Budget [CC/RDA).
Director of Financial Services presented the staff report and recommended the Council: 1) Adopt a
Resolution approving the FY 2009-10 Budget; 2) Approve the proposed changes to the City's
Fiscal Policies; 3) Approve the Annual Local Sales Tax Report; and 4) Approve the proposed FY
2009-09/FY 2010-11 work plan.
Mayor/Chair 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 comments ensued concerning the financial state of the City; that staff had done a good job
addressing the budget shortfalls; that the proposed restructuring strategies were reviewed and
discussed back in March; that the budget is a work in progress and will need to be reevaluated;
that the State could potentially take away more funds from the City; acknowledgement of the key
components and plan to balance the budget for FY 2009-10; that the restructuring should have
been done a year ago; that the proposed budget will result in additional cost savings; that while the
PERS retirement will cost the City money, it will result in substantial cost savings over time;
concern with one-time cost saving items; and acknowledgment that the City has maintained its
commitment to complete capital improvement projects as outlined in the Local Sales Tax Report
while still providing a balanced budget.
Action: Mayor Pro Te~ce Chair Costello moved to adopt a Resolution as follows: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING
FISCAL YEAR 2009-10 BUDGET AND MAKING APPROPRIATIONS FOR THE AMOUNT
BUDGETED"; approve the proposed changes to the City's Fiscal Policies; approve the Annual
Minutes: CHy Counc/l Meeting
Tuesday, June 9, 2009
Page 9
Local Sales Tax Report; and approve the proposed FY 2009-09/FY 2010-11 work plan.
CounciUBoard Member Fellows seconded, and the motion passed on the following roll call vote:
AYES: Costello, Fellows, Guthrie, Ferrara
NOES: None
ABSENT: Amold
12. CITY COUNCIL MEMBER ITEMS
a) Request for Staff to Place on a Future Agenda Diseusston Regarding Poterrtial
Modifications of Criteria for Designation of Local Historical Resources. (ARNOLD)
On behaH of Council Member Amold, Mayor Ferrara requested, and the Council concurred, to
direct staff to place on a future agenda discussion regarding potential mod cation of criteria for
designation of local historical resources.
b) Request to Consider Program to Generate Funds for Local Non-Profits from
Donations for Plaques for village Street Trees. (FELLOWS)
Council Member Fellows requested, and the Council concurred, to direct staff to place on a future
agenda consideration of a program to generate funds for local non-profd organizations from
donations for village street tree plaques.
c) Request to Consider Revisions to Regulations Regarding Temporary Banners.
(FELLOWS)
Council Member Fellows requested, and the Council concurred, to direct staff to place on a future
agenda consideration of revisions to temporary banner regulations. He also requested that the
report inGude discussion on the ability for non-profits to display temporary banners in the City.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
None.
15. STAFF COMMUNICATIONS
City Manager Adams announced a Centennial Plaza Workshop would be held on Wednesday,
June 17, 2009 at 6:00 p.m. in the Council Chambers.
16. COMMUNITY COMMENTS AND SUGGESTIONS
None.
17. ADJOURNMENT
Mayor/Chair Ferrara adjourned the meeting at 9:10 p.m.
M/nutes: City CouneN Maedng
Tuesday, June 9, 2009
Tony err I~I yor/Chair
ATTEST:
/l1Z-
Kelly W tmo ,City CIerWAgency Secretary
(Approved at CC Mtg ~/ -~'.Z~ i
Paso ~o