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Minutes 2009-07-28 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, JULY 28, 2009 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor /Chair Ferrara called the Regular City Council meeting to order at 7:01 p.m. 2. ROLL CALL City Council /RDA: Council /Board Member Chuck Fellows, Council /Board Member Ed Amold, Council /Board Member Jim Guthrie, Mayor Pro TemNice Chair Joe Costello, and Mayor /Chair Tony Ferrara were present. City Staff Present: City Manager Steve Adams, City Attorney Tim Carmel, Director of Legislative Information Services /City Clerk Kelly Wetmore, Director of Financial Services Angela Kraetsch, Director of Recreation and Maintenance Services Doug Perrin, Director of Community Development Rob Strong, Chief of Police Steve Annibali, and Planning Manager Jim Bergman. 3. FLAG SALUTE Danny Richardson, representing Generation Joshua, led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Fellows moved, Mayor Pro Tem 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. 7. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS Carolyn Novak, representing the American Red Cross, spoke about the importance of disaster preparedness, and distributed disaster preparedness materials to the Council. She stated she was reaching out to provide education on the matter to any individual or organization that needed assistance and she provided contact information for the Red Cross. 8. CONSENT AGENDA Mayor /Chair 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. Mayor /Chair Ferrara requested that Items 8.j. and 8.m. be pulled. Action: Mayor Pro Tem Chair Costello moved, and Council /Board Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.p. with the exception of Items 8.j. and 8.m., with the recommended courses of action. The motion passed on the following roll -call vote: Minutes: City Council Meeting Page 2 Tuesday, July 28, 2009 AYES: Costello, Arnold, Guthrie, Fellows, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period June 16, 2009 through July 15, 2009. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of June 30, 2009. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council /Redevelopment Agency Meeting of June 9, 2009, and the Regular City Council Meeting of June 23, 2009, as submitted. 8.d. Consideration of Amendment to Standards for West Branch Street Special Event Banners. Action: Adopted Resolution No. 4203 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDMENT TO STANDARDS FOR SPECIAL EVENT BANNERS FOR COMMUNITY BASED EVENTS." 8.e. Consideration of Resolution Consenting to the Charter Communications, Inc. Reorganization. Action: Adopted Resolution No. 4204 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONSENTING TO CHARTER CHAPTER 11 BANKRUPTCY RECONSTRUCTION." 8.f. Consideration of Request from Planning Commissioner Keen for Consecutive Absences from Planning Commission Meetings. Action: Consented to three consecutive absences by Planning Commissioner Keen. 8.g. Consideration of a Resolution Finding the Necessity of Planning and Administrative Expenses Charged to the Low and Moderate Income Housing Funds for Production, Improvement or Preservation of Low and Moderate Income Housing. [COUNCIL/RDA] Action: Adopted Resolution No. 4205 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE FINDING THE NECESSITY OF ADMINISTRATIVE EXPENSES CHARGED TO THE LOW AND MODERATE INCOME HOUSING FUNDS FOR PRODUCTION, IMPROVEMENT OR PRESERVATION OF LOW AND MODERATE INCOME HOUSING." 8.h. Consideration of a Resolution Establishing a Safety Shoe Allowance for Designated Part-Time Positions. Action: Adopted Resolution No. 4206 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A SAFETY SHOE ALLOWANCE FOR DESIGNATED PART -TIME POSITIONS." 8.i. Consideration of Adoption of a Resolution Accepting a Public Road Easement. Action: Adopted Resolution No. 4207 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING A PUBLIC ROAD EASEMENT FROM RECTOR, WARDENS AND VESTRYMEN OF ST. BARNABAS PARISH." 8.k. Consideration of an Award of Contract to Frank Calistro, Inc. for the Corporation Yard Exterior Structural Steel Repair Project, PW 2009 -05. Action: 1) Awarded a contract for the Corporation Yard Exterior Structural Steel Repair Project to Frank Calistro, Inc. in the amount of $21,178; and 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $2,118, for unanticipated costs during the construction phase of the project. Minutes: City Council Meeting Page 3 Tuesday, July 28, 2009 8.1. Consideration of an Award of Contract to Graham Contractors, Inc. for Construction of the 2009 Slurry Seal Project, PW 2009 -04. Action: 1) Awarded a contract for the 2009 Slurry Seal Project to Graham Contractors, Inc. in the amount of $130,205.17; and 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $13,020.00, for unanticipated costs during the construction phase of the project. 8.n. Consideration of First Amendment to Contract for Animal Services. Action: Approved the First Amendment to the Contract for Animal Services with the County of San Luis Obispo not to exceed the amount of $34,157 and authorize the Mayor to execute the Agreement. 8.o. Consideration of Acceptance of the Village Green Improvement Project, PW 2007 -05. Action: 1) Accepted the project improvements as constructed by California Coastal Development in accordance with the plans and specifications for the Village Green Improvement Project; 2) Directed staff to file a Notice of Completion; and 3) Authorize release of the retention, thirty -five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 8.p. Consideration of Acceptance of the Traffic Way Streetscape Project, PW 2007 -10. Action: 1) Accepted the project improvements as constructed by California Coastal Development in accordance with the plans and specifications for the Traffic Way Streetscape Project; 2) Directed staff to file a Notice of Completion; 3) Authorized release of the retention, thirty -five (35) days after the Notice of Completion has been recorded, if no liens have been filed; and 4) Transferred $30,000 for the project from the East Branch Streetscape Project. ITEMS PULLED FROM THE CONSENT AGENDA 8.j. Consideration to Reduce the Bond Amount Posted to Guarantee Improvements for Conditional Use Permit No. 06 -001 Hampton Inn at Camino Mercado and West Branch Street. Recommended Action: Reduce the bond amount guaranteeing the improvements required by Conditional Use Permit No. 06 -001 to $18,036.80 for Faithful Performance. At the request of Mayor Ferrara, City Manager Adams provided a brief background on the Hampton Inn hotel project and explained the various delays that had occurred during construction of the project. He explained that the Council had previously approved amendments to the conditional use permit concerning street improvements, and noted that the Revenue Sharing Agreement had expired. He expected that all outstanding issues related to the project would be resolved soon. Mayor Ferrara requested that staff continue to monitor the project and stay on top of the issues. Council Member Fellows stated that the transplanted Oak trees are dead and should be removed. He noted that the trees would be replaced with new trees. Action: Council Member Arnold moved, and Council Member Guthrie seconded the motion to reduce the bond amount guaranteeing the improvements required by Conditional Use Permit No. 06 -001 to $18,036.80 for Faithful Performance. The motion passed on the following roll -call vote: AYES: Arnold, Guthrie, Fellows, Costello, Ferrara NOES: None ABSENT: None Minutes: City Council Meeting Page 4 Tuesday, July 28, 2009 8.m. Consideration for approval of a Resolution Recognizing the Service Retirement of Arroyo Grande Police Department Police Service Dog "Zak" and Providing for the Transfer of Ownership of "Zak" to Senior Police Officer Kimberely Martin. Recommended Action: Adopt a Resolution recognizing the service retirement of police service dog "Zak" and providing for the transfer of ownership of "Zak" to Senior Police Officer Kimberely Martin. Mayor Ferrara read the Resolution in its entirety for the benefit of the public and recognized Sr. Officer Martin and Police Dog Zak for their service to the City. Action: Mayor Pro Tem Costello moved to adopted Resolution No. 4208 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RECOGNIZING THE SERVICE RETIREMENT OF ARROYO GRANDE POLICE DEPARTMENT POLICE SERVICE DOG "ZAK" AND PROVIDING FOR THE TRANSFER OF OWNERSHIP OF "ZAK" TO SENIOR POLICE OFFICER KIMBERELY MARTIN." Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: Costello, Arnold, Fellows, Guthrie, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS 11.a. Discussion of Temporary Banners. Planning Manager Bergman presented the staff report and recommended the Council review the information and alternatives related to temporary banners; and 2) Direct staff to draft Municipal Code changes that would better clarify rules related to temporary banners and require prior City approval before they are mounted. Council asked questions of staff concerning regulations of temporary banners located at commercial businesses; that non profits should have a place to advertise their activities and events; whether the Village Improvement Association (VIA) and Chamber of Commerce (Chamber) had been contacted for input into the matter of temporary banners; whether research had been conducted with other cities regarding temporary banner regulations; whether temporary banners could be limited to specific locations defined as "limited public forums and clarification concerning constitutionality issues related to the content, use, and placement of signs. 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 Fellows stated he did not support the alternative to suspend enforcement of temporary banners. He supported the recommended alternative to direct staff to return with language that would clarify rules related to how banners can or cannot be displayed, provide for more efficient enforcement of banner time limits and establish a separate banner application, permit Minutes: City Council Meeting Page 5 Tuesday, July 28, 2009 and fee. He referred to the sample language provided and disagreed that the banners must be securely bolted to the building and that banners displayed on railings or fences would be prohibited. He suggested staff review the language further, conduct more research on temporary banners in other jurisdictions, and bring the issue back at a future meeting. Council Member Guthrie agreed that the issue should be researched further; commented that there were no businesses present tonight to comment on the information; suggested that staff put together a workshop with the Chamber and the VIA to obtain their comments and feedback; that the 60 -day enforcement rule should be relaxed; that the existing temporary banners around the City are poorly displayed and do not meet standard regulations; that the City should educate and provide a one -year grace period and then revisit the issue; emphasized the need to involve the business community; and acknowledged that if a specific location is not identified for non profits to display temporary signs, they will continue to post in any location they can find. Council Member Arnold stated he was not supportive of banning temporary banners during this difficult economic time; stated he was not supportive of banners at all, however, he was sensitive to the needs of businesses to promote its products and services in order to stay competitive; supported the proposal on a one year trial basis; agreed that staff should have a meeting with the Chamber and work with the business owners; acknowledged the enforcement issues; inquired whether any survey data was available concerning the effectiveness of temporary banners; expressed concern about the suggested locations for display of signs by non -profit organizations and recommended staff talk to those organizations to identify preferred locations; and expressed concern that the proposal could generate even more temporary banners within the City. Mayor Pro Tem Costello acknowledged that the aesthetics of the City are an issue; acknowledged the legitimate signage needs of the business community; expressed concern about the enforcement issues; agreed that a workshop could be an option to include the business community; agreed that further research was needed to determine the City's needs; and that any new and /or revised regulations need to be fully enforceable. Mayor Ferrara referred to the existing regulations and the inability to enforce them; referred to the number of signs in the Caltrans right -of -way and noted the State does not have the staff to enforce its regulations; noted that the State is experiencing furloughs; that this issue is a reality that must be faced and he did not want to put regulations in place that cannot be enforced; acknowledged that some regulations can be implemented for temporary banners; that excessive banners can degrade the appearance of the City; that a mechanism should be put in place that regulates the look of banners and signs; supported the idea of a workshop to involve the business community in the process; emphasized the need to look at available staff available to enforce the regulations; and that the same workshop approach could be used for the non profit organizations. Council Member Fellows clarified that one of the proposed standards was that banners may be displayed for a maximum of 60 days "per calendar year" and staff clarified the proposed banner approval process. Action: Council Member Fellows moved to direct staff, including the City Attorney, to take the Council's comments and prepare fewer alternatives regarding regulation of temporary banners for future consideration; and to further direct staff to solicit input from the business community, the Village Improvement Association, the Chamber of Commerce, and non profit organizations through the use of workshops. Council Member Guthrie seconded, and the motion passed on the following roll call vote: Minutes: City Council Meeting Page 6 Tuesday, July 28, 2009 AYES: Fellows, Guthrie, Arnold, Costello, Ferrara NOES: None ABSENT: None 11.b. Discussion of the Historic Resource Designation Process. Planning Manager Bergman presented the staff report and recommended the Council direct staff to draft an Ordinance for consideration that will modify the process for designating historical resources by limiting the role of the ARC to review of building modification or construction and eliminate the Community Development Director determination step. Council comments and questions ensued regarding the belief that the process can be streamlined to be a complimentary process versus a conflicting process; a suggestion that there be a cross representation on the Historic Resources Committee (HRC) and the Architectural Review Committee (ARC); that a review of the existing criteria is necessary; and that the Federal criteria should be referred to in order to make the City's process less subjective; that the HRC currently includes an architect, and that it may make more sense for the HRC to provide certain research; concern about potential duplication of efforts; and acknowledgment that the existing criteria includes significant architectural related issues. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Gary Scherquist, HRC member, expressed his views concerning the ARC versus the HRC and believed that the HRC is capable of researching and determining whether a building is historically significant. He noted that if a building is to be modified, then the ARC has additional criteria to consider in that process. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Mayor Ferrara suggested that staff draft an Ordinance and bring it forward for Council consideration and comment as a starting point. He commented on the architectural component of the historic designation process and noted that prior to the formation of the HRC, the role of the ARC was largely responsive to a project submittal, however, they did not do the same kind of research and work that the HRC is being asked to do. He stated that the HRC, whether there is an architect among its membership or not, is much closer to the architectural elements of the overall historic designation process because it is woven throughout the criteria; they work with the Historical Society; they look at photos; they look at the way structures used to be; in order to make an evaluation as it relates to architecture. He suggested there could be a connection where the expertise of the ARC could be utilized and that there is a need to stimulate and encourage cooperative efforts. Council Member Arnold referred to the ARC and stated he believed that all the members should be architects; expressed concern that most of the historic designation criteria is architecturally based; disagreed that the ARC should be removed from the historic designation process; supported revisions to the process if the ARC would continue to look at the architectural components with the HRC reviewing all other issues. Following questions seeking clarification regarding the existing roles of the ARC and HRC, specifically with regard to modifications to existing structures, Council Member Fellows agreed that Minutes: City Council Meeting Page 7 Tuesday, July 28, 2009 the process needs to be streamlined and supported removal of the Community Development Director and ARC from the review and historic designation process. Planning Manager Bergman clarified that the ARC has a role regardless if the building is located in the D 2.4 Overlay District. Council Member Fellows referred to the eight criteria and noted the criteria has been effectively proven on national, State, and local levels. Without minimizing the importance of the ARC, he noted that the HRC members have been coached and trained by a national expert on the Secretary of Interior Standards and the existing process, are qualified to make decisions on history, and all current members have significant knowledge of local history. He stated that removal of the ARC from the process would not negatively impact the process. Mayor Ferrara called for a break at 8:45 p.m. The Council reconvened at 8:55 p.m. Council Member Guthrie supported eliminating the role of the Community Development Director in the historic designation process because it is a subjective process and there is no need to involve staff; suggested elimination of the Planning Commission in the process and that the process include the designation and an appeal process directly to the Council; expressed concern with elimination of the ARC from the process, while recognizing the historical aspect of the architectural review; suggested that the HRC start the process and then at some point have the ARC meet together with the HRC, specifically to review criteria #4, #5, #6, and #8 and vote together on the designation. Mayor Pro Tem Costello agreed with eliminating the role of the Community Development Director from the historic designation process; disagreed with the need for ARC involvement in the historic designation process; noted that the criteria needs to be uniform if the ARC does remain involved; supported an appeal process of the HRC's determination directly to the City Council; acknowledged the designation process needs to be streamlined to be more effective; and reiterated that if a building is to be modified, it would be reviewed by the ARC regardless. Council Member Fellows noted for the record that the Council had received supplemental information which was an excerpt from a Tribune article entitled "leveraging a city's heritage as well as a letter submitted by HRC member Shirley Gibson which requested that any recommendations made by the HRC for historic designation be reviewed by the City Council. Mayor Ferrara suggested that the HRC review the eight criteria and refine them down to four or five; stated that with regard to the specific criteria, two advisory bodies (the HRC and ARC) are involved in the historic designation process, and it has resulted in conflicting opinions; believed that only one advisory body should be involved in the evaluation process; discussed the existing criteria as it relates to research versus architectural expertise; and agreed that the process needed to be expedited. Council Member Arnold expressed concern with the perception that the HRC is making the designation versus making the recommendation for designation; expressed further concern about eliminating the ARC from the designation process; noted that if the Community Development Director and Planning Commission were removed from the designation process, then the process has been streamlined; expressed concern with combining the two advisory bodies into one for this purpose as it would result in an even number of members and a potential for split votes; stated the historic designation criteria is primarily architecturally related; and would not support removing the ARC from the process. Minutes: City Council Meeting Page 8 Tuesday, July 28, 2009 Council Member Guthrie clarified that the issue of the criteria is a separate issue not being discussed tonight and would come back to the Council as a separate item. Council Member Fellows expressed some concern about removing the Planning Commission from the process in certain instances; however, he stated he would not have a problem with the HRC's recommendation going straight to the Council. Mayor Pro Tem Costello acknowledged that the criterion is a separate issue; however, streamlining the designation process is necessary so that one advisory body is working with one set of criteria. Action: Mayor Ferrara moved to direct staff to draft an Ordinance for consideration that will modify the process for designating historical resources by limiting the role of the ARC to review of building modification or construction and eliminate the Community Development Director determination step; and further, to have the Historic Resources Committee (HRC) involved solely as the an advisory body in the historic designation process and to have that recommendation be forthcoming directly to the City Council. Mayor Pro Tem Costello seconded, and the motion passed on the following roll call vote: AYES: Ferrara, Costello, Fellows NOES: Guthrie, Arnold ABSENT: None 11.c. Consideration of Appointment of Voting Delegate and Alternate for the League of California Cities Annual Conference. City Manager Adams presented the staff report and recommended the Council appoint one Council Member as the voting delegate and one Council Member as the alternate delegate for the League of California Cities Annual Conference. Action: Council Member Guthrie moved to appoint Mayor Ferrara as the voting delegate and Council Member Fellows as the alternate delegate for the League of California Cities Annual Conference. Mayor Pro Tem Costello seconded, and the motion passed on the following roll -call vote: AYES: Guthrie, Costello, Fellows, Arnold, 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). This month's meetings were cancelled. (2) South San Luis Obispo County Sanitation District (SSLOCSD). No report; did not attend last meeting due to scheduling conflicts. (3) Brisco /Halcyon /Hwy 101 Interchange Project Subcommittee. Met with consultant who has worked closely with Caltrans; letter was sent to District 5 regarding Brisco /Halcyon and response was received with checklist of items needed for making requested determination. Consultant Mark Raybeck is proceeding with the checklist and determination on direction from Caltrans will be forthcoming. Minutes: City Council Meeting Page 9 Tuesday, July 28, 2009 (4) Recreation Center Subcommittee. The Subcommittee met; process is moving along; determination has been made on some design issues; and discussion took place concerning fundraising efforts. (5) Other. Attended a summit meeting entitled "Rebuilding California from the Ground Up" which consisted of a representative group from the League of California Cities, California State Association of Counties (CSAC), and the California School Board Association discussing how to rebuild the governance of California in order to reclaim some local control. b. MAYOR PRO TEM JOE COSTELLO: (1) Zone 3 Water Advisory Board. Reported that the safe yield of Lopez Lake is 8,730 acre feet of water per year and that there is some concern about exceeding the limits due to downstream releases, therefore, the Technical Advisory Committee will be looking into the matter; the County management of the system is being reviewed and discussions relating to the potential formation of a Joint Powers Authority are being pursued. (2) Air Pollution Control District (APCD). 1) Reported that State regulations concerning portable diesel engines greater than 50 horsepower will be enforced by the County, and if they are uncertified, they will be completely prohibited as of December 31, 2009; may have some impact on businesses; the APCD is working with the Air Resources Board to seek exemptions in certain cases; 2) Reports on Particulate Matter Outreach Study which will be a controversial issue; and 3) Reported on the Wood Burning Appliance Change -Out Incentive Program. (3) Fire Oversight Committee. Has not met since last report. (4) Other. None. c. COUNCIL MEMBER JIM GUTHRIE: (1) South County Area Transit (SCAT). Has not met since the last report. (2) Community Action Partnership. No report; did not attend last meeting due to scheduling conflict. (3) California Joint Powers Insurance Authority (CJPIA). No report at this time. (4) SLO County 10 -Year Plan to End Homelessness Leadership Council. County approved their portion of funding to facilitate a work project to seek grant funding. (5) Tourism Committee. Moving ahead with branding; meets tomorrow. (6) Other. None. d. COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). Last meeting was cancelled. (2) Economic Vitality Corporation (EVC). 1) Dave Mullinax from the League of California Cities presented a legislative report; 2) the Visitors and Conference Bureau has hired an outside consultant to assist with tourism efforts and noted that the Tourism Study will be helpful with cooperative efforts in this area. (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). No report; did not attend last meeting due to being out of town and the alternate was also not able to attend. (3) Other. None. Minutes: City Council Meeting Page 10 Tuesday, July 28, 2009 13. CITY COUNCIL MEMBER ITEMS: None. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Council Member Arnold commented on how well the Village improvement project has tumed out. Council Member Fellows requested that safety'issues and missing sidewalks on Tally Ho Road be placed on a future agenda for discussion. Mayor Ferrara agreed that the East Branch Streetscape improvement project turned out nice. He referred to the recent Car Show and stated there had been mixed reviews from the merchants, so he suggested that staff do some follow -up on some of the issues that were raised and to involve the Village Improvement Association. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT Mayor /Chair Ferrara adjourned the meeting at 9:38 p.m. .4.4.-6.44e..... Tony Ferr or /Chair ATTEST: r t V ^M— Kelly W ore, Clerk/Agency Secretary (Approved at CC Mtg s-as -.9oaq