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Agenda Packet 2009-06-09 Ý·¬§ Ý±«²½·´ ß¹»²¼¿ Tony Ferrara, Mayor/Chair Steven Adams, City Manager Timothy Carmel, City Attorney Joe Costello, Mayor Pro Tem/Vice Chair Kelly Wetmore, City Clerk Jim Guthrie, Council/Board Member Ed Arnold, Council/Board Member Chuck Fellows, Council/Board Member AGENDA SUMMARY CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TUESDAY, JUNE 9, 2009 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1.CALL TO ORDER: 7:00 P.M. 2.ROLL CALL 3.FLAG SALUTE: CENTRAL COAST MASONIC LODGE #237 4.INVOCATION: PASTOR RANDY OUIMETTE SAINT JOHN’S LUTHERAN CHURCH & AGFD CHAPLAIN 5.SPECIAL PRESENTATIONS: None. 6.AGENDA REVIEW: 6a.Move that all ordinances presented for introduction or adoption be read in title only and all further readings be waived. AGENDA SUMMARY – JUNE 9, 2009 PAGE 2 7.COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: Direct City staff to assist or coordinate with you. A Council Member may state a desire to meet with you. It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: Comments should be limited to 3 minutes or less. Your comments should be directed to the Council as a whole and not directed to individual Council members. Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8.CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. Cash Disbursement Ratification 8.a. (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period May 16, 2009 through May 31, 2009. Consideration of Fiscal Year 2009-10 Appropriation Limit 8.b. (KRAETSCH) Recommended Action: Adopt Resolution establishing the appropriation limit from tax proceeds for Fiscal Year 2009-10. Consideration of Confirmation of Assessments for Tracts 1158, 1769, 2310, and 8.c. 2236 (KRAETSCH) confirming landscaping assessments for Recommended Action: 1) Adopt Resolution 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 Tract 2310 (Parkside Village Subdivision); and 4) Adopt Resolution confirming the assessment for the Grace Lane Assessment District for all parcels within Tract 2236 (Grace Lane Subdivision). AGENDA SUMMARY – JUNE 9, 2009 PAGE 3 8.CONSENT AGENDA (cont’d) : Consideration of Appointment to Downtown Parking Advisory Board 8.d. (ADAMS) Recommended Action: Approve the appointment of Jeremy Davenport to the Downtown Parking Advisory Board. Consideration of Request by South County Historical Society to Waive City 8.e. Building Permit Fees Associated with Renovation of the Paulding History House and to Co-Sponsor the Antique Show and Sale (ADAMS) Recommended Action: Approve 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. Consideration of a Resolution Approving a Second Side Letter of Agreement to 8.f. the Service Employees International Union Local 620 Memorandum of Understanding (ADAMS) Recommended Action: 1) Adopt Resolution approving a Second Side Letter of Agreement to the Service Employees International Union Local 620 (SEIU) Memorandum of Understanding; and 2) Authorize the City Manager to execute the Agreement. Consideration of a Resolution Modifying Compensation for Management 8.g. Employees for FY 2009-10 (ADAMS) Recommended Action: 1) Adopt Resolution modifying compensation for management employees to implement non-paid furlough days in FY 2009-10; and 2) Authorize closure of City offices December 28 through December 31, 2009. Consideration of Ballot Votes for the Proposed San Luis Obispo County 8.h. Mosquito, Vector and Disease Control Assessment (ADAMS) 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. Consideration of a Purchase and Sale Agreement with Howard Mankins to Sell 8.i. Excess Property at the Reservoir No. 2 Site (ADAMS) Recommended Action: Approve and authorize the City Manager to execute a Purchase and Sale Agreement with Howard Mankins to sell excess City property at the Reservoir No. 2 site. Consideration of Request for a One-Year Time Extension for Amended 8.j. 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) (MCCLISH) Recommended Action: Adopt a Resolution approving a one-year time extension for Amended Conditional Use Permit No. 06-003. AGENDA SUMMARY – JUNE 9, 2009 PAGE 4 8.CONSENT AGENDA (cont’d): Consideration of Second Amendment to Agreement with North Coast 8.k. Engineering for the El Camino Real Improvement Project (MCCLISH) Recommended Action: 1) Approve a Second Amendment to the 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 El Camino Real Retaining Wall, El Camino Real Resurfacing, and El Camino Real/Chilton Street Waterline capital improvement projects; and 2) Authorize the Mayor to execute the amendment. Consideration of a Contract Amendment with Todd Engineers in Connection with 8.l. the Annual Monitoring Report (MCCLISH) Recommended Action: 1)Approve allocation of Funds for an Amendment to the Agreement with Todd Engineers in connection with the annual monitoring report for the Santa Maria Groundwater Adjudication; and 2) Appropriate $5,710 from the Water Fund. Consideration of Amendment to the Agreement with the Coastal San Luis 8.m. Resource Conservation District and Funding for the Tally Ho Neighborhood Stream Restoration: Site Analysis and Alternatives Review (ADAMS) Recommended Action: 1)Approve 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) Approve an expenditure not to exceed $60,000 for the Tally Ho Neighborhood Stream Restoration: Site Analysis and Alternatives Review. 9.PUBLIC HEARINGS: Continued Public Hearing – Consideration of Historic Resource Designation 08- 9.a. 002(c); 200 East Branch Street (Building and Life Safety Division) (MCCLISH) Recommended Action: 1) Consider the recommendations from the applicable advisory bodies regarding the designation of 200 East Branch Street as a local historical resource, take tentative action; and 2) Take tentative action and direct staff to return with an appropriate Resolution. 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: Consideration of the FY 2009-10/FY 2010-11 Biennial Budget [CC/RDA] 11.a. (KRAETSCH) Recommended Action: 1) Adopt 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. AGENDA SUMMARY – JUNE 9, 2009 PAGE 5 12. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. Request for Staff to Place on a Future Agenda Discussion Regarding a) Potential Modifications of Criteria for Designation of Local Historical Resources (ARNOLD) Request to Consider Program to Generate Funds for Local Non-Profits b) from Donations for Plaques for Village Street Trees (FELLOWS) Request to Consider Revisions to Regulations Regarding Temporary c) Banners (FELLOWS) 13. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. None. 14. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 15. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 16. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. 17. ADJOURNMENT AGENDA SUMMARY – JUNE 9, 2009 PAGE 6 ************************* All staff reports or other written documentation, including any supplemental material distributed to a majority of the City Council within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office, 214 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability- related modification or accommodation, contact the Administrative Services Department at 805-473-5414 as soon as possible and at least 48 hours prior to the meeting date. ************************** This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org ********************* City Council/Redevelopment Agency Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. 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No substantive changes have been made. Wording under Section 3.a.v. has been modified to provide clarification at the request of Mr. Mankins regarding the City's ability to terminate the Agreement if costs for environmental studies significantly exceed original estimates. Let me know if you have any questions. Thank you. attachment PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement') is made and entered into as of the of May, 2009 (the "Effective Date") by and between the City of Arroyo Grande, a municipal corporation of the State of California ("Seller'), and Howard Mankins ("Buyer") (Seller and Buyer are sometimes collectively referred to herein as the "Parties"). RECITALS WHEREAS, Seller owns certain real property located in Arroyo Grande, County of San Luis Obispo, California, commonly referred to as the East Half of Reservoir 2, Assessor Parcel Number o~~-o6t-orb, consisting of approximately 40,000 sq. ft., and which is more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Property"); WHEREAS, Buyer desires to purchase from Seller, and Seller wishes to sell to Buyer the Property based on the terms and conditions set forth herein; WHEREAS, Seller has agreed to meet certain contingencies in order to effectuate the sale of the Property promptly. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants of the Parties and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows: SECTION i. Purchase and Sale. Seller agrees to sell the Property to Buyer and Buyer agrees to purchase the Property from Seller on all of the terms, covenants, and conditions hereinafter set forth. SECTION 2. Purchase Price. Purchase Price. The purchase price for the Property shall be One Hundred Thousand Dollars ($too,ooo.oo) (the "Purchase Price'). The Purchase Price shall be payable to Seller upon Closing. SECTION g Conditions Precedent. (a) Conditions Precedent to Closing. Buyer's obligation to purchase the Property from Seller is subject to the following conditions precedent ("Conditions Precedent"): (i) Title Policy. Title to the Property shall be conveyed by Seller to Buyer by a good and sufficient Grant Deed subject to no exceptions other than (i) the lien of local real property taxes and assessments not yet due or payable, and (ii) all exceptions to title set forth in a preliminary title report issued by the First American Title Company (the "Title Company"), (the "Preliminary Title Report"), approved by Buyer pursuant to this section (collectively, the "Conditions of Title"). Title Company shall provide Buyer with the Preliminary Title Report within three (3) days of the Effective Date. If Buyer shall object to any exceptions to title stated in the Preliminary Title Report by written notice specifically listing the exception(s), and delivered to Seller within fifteen (i5) days after Buyer's receipt of the Preliminary Title Report, Seller shall use reasonable efforts to clear title to the Property of such exceptions. If the exceptions objected to by Buyer cannot be removed by Seller within ten (to) days after receipt of notice from the Buyer, and Buyer shall not waive its objections to title in writing within five (5) days thereafter, this Agreement shall be terminated and any money deposited by Buyer shall be returned to Buyer. Delivery of title in accordance with the foregoing shall be evidenced by the issuance by the Title Company, of its standard ALTA owner's policy of title insurance, together with such endorsements as Buyer may reasonably require, in the amount of the Purchase Price, showing title to the Real Property vested in Buyer subject only to the Conditions of Title. Buyer, at Buyer's option, may choose to have Title Company issue a CLTA standard Owner's Title insurance policy. (ii) Approval of a tentative parcel map; (iii) Seller's Obligations. The performance by Seller, subject to the restrictions provided for herein, of every covenant, condition, agreement, and promise to be performed by Seller pursuant to this Agreement and the related documents executed or to be executed by Seller, including but not limited to the following: r. Waiver of any and all application fees associated with processing a tentative map for a planned unit development with an estimated t5 lots with a minimum size of 5,00o sq. ft.; and z. Payment by Seller of all costs associated with processing a lot line adjustment between a Seller owned parcel and the adjacent parcel in order to vest Buyer with free and clear title to the Property; and 3. Payment by Seller of any required environmental studies including, but not limited to, arborist, archaeological, and/or botanical. (iv) Seller's Representations. The truth and accuracy of all Seller's representations and warranties in this Agreement and the related documents executed or to be executed by Seller. (v) If at any time the estimated costs of required environmental review and analysis exceed Two Thousand, Five Hundred Dollars ($2,500.00), as determined by Seller in its sole and absolute discretion, Seller shall have the absolute right to terminate this Agreement without liability by providing Buyer with written notice of same. With respect to Sections 3(a)(i)-(v), it is understood by the Parties that these conditions precedent are subject to the quasi-judicial process associated with the approval of any subdivision, specifically the subdivision of the Property. There are certain public policy requirements that must be met, and public hearings are required. Consequently, there can be no guarantees that any, let alone all, of the above conditions precedent will be successful, and no such guaranty can be inferred from anything stated in this Agreement. (b) Failure of Conditions Precedent. If any of the Conditions Precedent have not been fulfilled within the applicable time periods or if Buyer disapproves of matters for which Buyer's approval is required, Buyer may: (i) Waive and Close. Waive the condition or disapproval and transfer the Property and close Escrow in accordance with this Agreement, without adjustment or abatement of the Purchase Price; or (ii) Cure and Close: Cure the failure of condition or representation and reduce the Purchase Price by an amount equal to the cost of cure; or (iii) Terminate. Terminate this Agreement by written notice to Seller and to Escrow Agent. SECTION 4 Escrow & Closing. (a) First Escrow. Upon execution of this Agreement, Seller and Buyer shall establish an Escrow for the close of the sale of the Property with First American Title Company. SECTION 5 Surviving Easement (a) Buyer agrees that the Property is being granted excepting a to foot wide drainage easement in favor of Seller from Seller's remaining parcel to a public street within Buyer's proposed development. SECTION 6 Closing Deposits. (a) Before the Closing, Seller shall deposit with Escrow Agent the following documents and funds: - (i) Nonforeign Affidavit. The original Nonforeign Affidavit executed by Seller; (ii) Additional Documents. Any other documents or funds required of Seller to close Escrow in accordance with this Agreement. (b) On or before the Close of Escrow, Buyer shall deposit with Escrow Agent the following: (i) One Hundred Thousand Dollars ($too,ooo.oo); (ii) Closing Costs. Additional cash in the amount necessary to pay Buyer's share of closing costs, as set forth in Section ~; (iii) Escrow Instructions. The Escrow Instructions executed by Buyer; and (iv) Additional Documents. Any other documents or funds required of Buyer to close Escrow in accordance with this Agreement. SECTION ~. Closing Costs. (a) Seller's Costs. Seller shall pay the title insurance premium for a California Land Title Association standard owner's policy of title insurance; one-half (r/2) of the escrow fees; one-half (r/2) of all of the real property transfer taxes and documentary transfer taxes payable upon recordation of the Grant Deed; and any sales, use, and ad valorem taxes connected with Sellers' ownership and sale of the Property and the Close of Escrow. (b) Buyer's Costs. Buyer shall pay one-half (r/2) of the escrow fees; the additional cost of the title insurance premium for an American Land Title Association owner's policy of title insurance, and any endorsements; and the costs of recording the Grant Deed. SECTION 8 Prorations. Liability for real property taxes, assessments, insurance premiums, to the extent Buyer elects to retain them at the actual pay-rate, and other recurring costs shall be prorated as of the Closing. SECTION 9 Seller's Warranties. Seller warrants and represents to Buyer that as of the Effective Date of this Agreement and as of the Close of Escrow: (a) That, to Seller's knowledge, there are no other physical, structural, or mechanical defects or violations of any laws or regulations applicable to the Property. (b) That the documents delivered to Buyer pursuant to this Agreement will be all of the relevant documents that Seller is aware of pertaining to the condition and operation of the Property, will be true copies, and will be in full force, without default by any party and without any right of offset, except as disclosed in writing at the time of delivery. (c) That there are not pending any special assessments or condemnation actions with respect to the Property or any part of the Property, nor has Seller any knowledge of any special assessments or condemnation actions being contemplated. (d) That the Escrow instructions have been, and all the documents to be delivered by Seller to Buyer at Closing shall be, duly authorized, executed, and delivered by Seller, are or shall be legal and binding obligations of Seller, shall be sufficient to convey title, are or shall be enforceable in accordance with their respective terms, and do not and shall not at Closing violate any provisions of any agreement to which Seller is a party. (e) That Seller is not a "foreign person" within the meaning of section 1445(fl(3) of the Internal Revenue Code of 1954, as amended, and that Seller shall furnish to Buyer, prior to Closing, an affidavit in a form satisfactory to Buyer confirming the same. The continued accuracy in all respects of Seller's representations and warranties shall be a condition precedent to Buyer's obligation to close Escrow. All representations and warranties contained in this Agreement shall be deemed remade as of the date of Closing and shall survive the Closing. If any of the representations and warranties are not correct at the time made or as of the Closing, Buyer may terminate this Agreement, obtain the return of the Deposit and all accrued interest, and there shall be no further liability on the part of Buyer to Seller. Should termination under this provision violate any remedies afforded Seller in the Escrow Instructions, the terms of this Agreement shall prevail, and any deposit shall be returned to Buyer. SECTION io Indemnification. (a) Seller agrees to indemnify and hold Buyer free and harmless from any losses, damages, costs, or expenses (including attorney fees) resulting from any inaccuracy in or breach of any representation or warranty of Seller and any breach or default by Seller under any of Seller's covenants or agreements under this Agreement. (b) Buyer agrees to indemnify and hold Seller free and harmless from any losses, damages, costs, or expenses (including attorney fees) resulting from any inaccuracy in or breach of any representation or warranty of Buyer and any breach or default by Buyer under any of Buyer's covenants or agreements under this Agreement. SECTION ii Seller's Covenants. Seller agrees as follows: (a) Payment of All Obligations. Seller shall have discharged all liens including, but not limited to, mechanics' and materialmen's liens arising from labor and materials furnished prior to the Close of Escrow. Seller will discharge all of Seller's obligations and liabilities under the Property Documents arising prior to the Close of Escrow. (b) Litigation. Seller shall immediately notify Buyer of any lawsuits, condemnation proceedings, rezoning, or other governmental order or action, or any threat thereof, known to Seller which might affect the Property or any interest of Buyer. SECTION 12 Assignment. (a) Seller's Right to Assign. Seller shall not have the right, power, or authority to assign or mortgage this Agreement or any portion of this Agreement, or to delegate any duties or obligations arising under this Agreement, voluntarily, involuntarily, or by operation of law, without Buyer's prior written consent. (b) Buyer's Right to Assign. Buyer shall have the right to assign this Agreement to any trust, or business entity controlled by Buyer: For purposes of this provision, control shall mean ownership of So.t% or more of any interest in any entity including but not limited to a California limited liability company. Ownership percentage shall be determined with regard to the attribution rules contained in Internal Revenue Code Section 3i8. SECTION ig Successors and Assigns. Without waiver of the provisions of Section 12, all of the rights, benefits, duties, liabilities, and obligations of the Parties shall inure to the benefit of, and be binding upon, their respective successors and assigns. SECTION i4 Notices. All notices to be given under this Agreement shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the address indicated below or at other places designated by Buyer or Seller in a written notice given to the other. Notices shall be deemed served four (4) days after the date of mailing or upon. personal delivery. If to Seller: Steve Adams City of Arroyo Grande 2t4 East Branch Street Arroyo Grande, CA. 93420 With a Copy to: Timothy J. Carmel CARMEL & NACCASHA LLP PO Box t5~2g San Luis Obispo, CA 93406 If to Buyer: Howard Mankins SECTION i5 Attorney Fees; Litigation Costs. If any legal action or other proceeding, including arbitration or an action for declaratory relief, is brought to enforce this Agreement or because of a dispute, breach, default, or misrepresentation in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and other costs, in addition to any other proper relief. "Prevailing party" includes (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party that receives performance from the other party of an alleged breach of covenant or a desired remedy, if it is substantially equal to the relief sought in an action; or (c) the party determined to be prevailing by a court of law or through arbitration. SECTION i6 Construction. The title and headings of the Sections in this Agreement are intended solely for reference and do not modify, explain, or construe any provision of this Agreement. All references to sections, recitals, and the preamble shall, unless otherwise stated, refer to the Sections, Recitals, and Preamble of this Agreement. In construing this Agreement, the singular form shall include the plural and vice versa. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties have prepared the agreement. SECTION i~ Integration. This Agreement, all attached exhibits, and all related documents referred to in this Agreement, constitute the entire agreement between the Parties. There are no oral or parol agreements which are not expressly set forth in this Agreement and the related documents being executed in connection with this Agreement. This Agreement may not be modified, amended, or otherwise changed except by a writing executed by the party to be charged. SECTION i8 Third-Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies. SECTION i9 Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected. SECTION 20 Waivers. No waiver or breach of any provision shall be deemed a waiver of any other provision, and no waiver shall be valid unless it is in writing and executed by the waiving party. No extension of time for performance of any obligation or act shall be deemed an extension of time for any other obligation or act. SECTION 21 Counterparts. This Agreement maybe executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. The execution of this Agreement shall be deemed to have occurred, and this Agreement shall be enforceable and effective, only upon the complete execution of this Agreement by Seller and Buyer. SECTION 22 Survival. Seller's representations and warranties in Section 9, and Seller's indemnity in Section to, shall survive the Closing and Close of Second Escrow. SECTION 2g Incorporation of Exhibits. All attached exhibits are incorporated in this Agreement by reference. SECTION z4 Authority of Parties. All persons executing this Agreement on behalf of a party warrant that they have the authority to execute this Agreement on behalf of that party. SECTION 25 Governing Law. This Agreement shall be governed by and construed in accordance with California law. SECTION z6 Recitals. The recitals set forth above are true and correct and are incorporated herein by this reference. The Parties have executed this Agreement as of the date first above written. SECTION 2^f Time is of the essence. Time is of the Essence for each and every term and condition of this Agreement. SECTION 28 Further Assurances. Each party agrees to do any other acts and to execute, acknowledge, and deliver any documents requested to carry out the intent and purpose of this Agreement. SECTION z9 Assignment Buyer shall have the right to assign any and all rights under this Agreement to any entity controlled by Buyer. SELLER: Bi7YER: Steve Adams, City Manager Howard Mankins Date: Date: Approved as to Form and Legal Effect Timothy J. Carmel, City Attorney Date: ×¬»³ èò³ò Ð¿¹» ï ×¬»³ èò³ò Ð¿¹» î ×¬»³ èò³ò Ð¿¹» í ×¬»³ èò³ò Ð¿¹» ì ×¬»³ èò³ò Ð¿¹» ë ×¬»³ èò³ò Ð¿¹» ê ×¬»³ èò³ò Ð¿¹» é ×¬»³ èò³ò Ð¿¹» è ×¬»³ èò³ò Ð¿¹» ç ×¬»³ èò³ò Ð¿¹» ïð ×¬»³ èò³ò Ð¿¹» ïï ×¬»³ èò³ò Ð¿¹» ïî ×¬»³ èò³ò Ð¿¹» ïí ×¬»³ èò³ò Ð¿¹» ïì ×¬»³ èò³ò Ð¿¹» ïë THIS PAGE INTENTIONALLY LEFT BLANK ×¬»³ èò³ò Ð¿¹» ïê ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ï Ð¿¹» ï ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» î Ð¿¹» î ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» í Ð¿¹» í ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ì Ð¿¹» ì ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ë Ð¿¹» ë ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ê Ð¿¹» ê ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» é Ð¿¹» é ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» è Ð¿¹» è ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ç Ð¿¹» ç ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ïð Ð¿¹» ïð ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ïï Ð¿¹» ïï ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ïî Ð¿¹» ïî ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ïí Ð¿¹» ïí ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ïì Ð¿¹» ïì ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ïë Ð¿¹» ïë ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ïê Ð¿¹» ïê ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ïé Ð¿¹» ïé ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ïè Ð¿¹» ïè ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ïç Ð¿¹» ïç ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» îð Ð¿¹» îð ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» îï Ð¿¹» îï ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» îî Ð¿¹» îî ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» îí Ð¿¹» îí ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» îì Ð¿¹» îì ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» îë Ð¿¹» îë ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» îê Ð¿¹» îê ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» îé Ð¿¹» îé ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» îè Ð¿¹» îè ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» îç Ð¿¹» îç ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» íð Ð¿¹» íð ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» íï Ð¿¹» íï ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» íî Ð¿¹» íî ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» íí Ð¿¹» íí ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» íì Ð¿¹» íì ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» íë Ð¿¹» íë ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» íê Ð¿¹» íê ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» íé Ð¿¹» íé ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» íè Ð¿¹» íè ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» íç Ð¿¹» íç ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ìð Ð¿¹» ìð ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ìï Ð¿¹» ìï ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ìî Ð¿¹» ìî ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ìí Ð¿¹» ìí ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ìì Ð¿¹» ìì ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ìë Ð¿¹» ìë ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ìê Ð¿¹» ìê ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ìé Ð¿¹» ìé ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ìè Ð¿¹» ìè ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ìç Ð¿¹» ìç ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ëð Ð¿¹» ëð ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ëï Ð¿¹» ëï ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ëî Ð¿¹» ëî ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ëí Ð¿¹» ëí ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ëì Ð¿¹» ëì ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ëë Ð¿¹» ëë ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ëê Ð¿¹» ëê ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ëé Ð¿¹» ëé ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ëè Ð¿¹» ëè ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» ëç Ð¿¹» ëç ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» êð Ð¿¹» êð ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» êï Ð¿¹» êï ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» êî Ð¿¹» êî ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» êí Ð¿¹» êí ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» êì Ð¿¹» êì ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» êë Ð¿¹» êë ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» êê Ð¿¹» êê ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» êé Ð¿¹» êé THIS PAGE INTENTIONALLY LEFT BLANK ×¬»³ çò¿ò×¬»³ çò¿ò Ð¿¹» êè Ð¿¹» êè MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER~~ SUBJECT: AGENDA ITEM 9.a. -SUPPLEMENTAL INFORMATION DATE: JUNE 5, 2009 Please find enclosed correspondence received today from Gary Scherquist regarding Item 9.a. c: City Attorney City Clerk RECEIYEO ~" i Y G~ AfiR0Y0 G~;~~i'DE 09 JUfd -5 AP1 I I ~ 09 June 4, 2009 City Council, City of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93420 RE: 200 East Btanch Street Mr. Mayor, Members of the City Council GARY L. SCHERQUIST ARCHITECT 134 Corraldos Rd, Arroyo Grande, California, 93420 EMAIL g1s99®mac.com TEL: (805) 481 2721 I believe the building at 200 E. Branch Street to be of local historic importance. It is important today and in the future because it plays a vital roll in telling the story of how our downtown grew and changed with the times. This building (the Malt Shop) is a pure and honest expression of its time. We are not used to considering the era of the 1950's as historic, yet, by the end of this year, it will have been 50 years since the decade ended. 50 years is the national standard for the age at which we evaluate buildings, monuments, etc. for their historic importance. The 1950's was a unique era in our Country's history. The depression was over, the War was over and the recession that followed was over. It was a new day. Ike was President, we were becoming a prosperous nation. We were optimistic, looking forwazd, turning our backs on the pain of the recent past. We had jet airplanes, cars were back in production with new streamlined designs. Some even looked like jet engines. Architecture did not escape the optimism of the time and was also looking to the future. No longer were there historic references in our buildings. Architecture was seeking new motifs and expression. Our little Village of Arroyo Grande was not left out of this National optimism. The freeway came through town, we installed welcoming signs at freeway entrances. The Fire Station and the Malt Shop were constructed with new post war architectural expressions. The City Hall building and the JJ's building were modernized to break with the past. Arroyo Grande shared with the Nation both optimism and confidence in our countries future. Now we are considering tearing down a humble but significant building to make way for a new development. City Council, City of Arroyo Grande June 4, 2009 Re: 200 East Branch St. Page 2 of 3 Our Municipal Code states the criteria on which we are to determine a buildings historic importance. These criteria are listed in your packet. I want to address those criteria that I believe apply to 200 E. Branch St. "4) It is one of the best or few remaining examples in the area possessing distinguishable characteristics of and architectural type' or specimen. " This building is one of only two buildings in the Village built in the post war modem style that is not a remodel of an older building. There appeaz to be other buildings in the village built in the 1950's but I do not believe they are characteristic of their era and do not qualify as historic under this criteria. "6) It embodies elements of architectural design, detail, materials, or craftsmanship that represent a significant architectural innovation." The sloping glass show window, the fin wall at the entry the stacked bond masonry, the eye brow above and the stone work below the windows are all innovations of post war architecture. The building breaks with the past by not employing historic references. This is very much a characteristic of the of post war architecture. "8) The structure or location is located in a geographically definable area possessing a concentration of historic resources that visually contribute to each other and are unified aesthetically ." The structure lies in the block between Short and Mason Streets with the Fire Station, the remodeled City Hall, Mr. Zimmerman's office building on the comer of Mason, and JJ's building across the street. All of these designs form a concentration of post war architecture which demonstrates growth in the 1950's in the downtown core. It is also necessary to assess the integrity of the building, meaning does the structure convey its significance through survival of key elements of its original style, scale, materials and detailing? The consultant was unable to locate information on the history of the building or determine when it was built. The 1931 Sanborn maps show a building on the property but not this building. During the 1940's this site was vacant and was used by a husband and wife who kept a car on the site and operated a watch repair business out of the car. This is documented in a photo in the Gordon Bennett archives. We have eye witnesses on the HRC who recall this building in the late 1950's .Building Department records do not contain the original Building Pemrit but do show that a permit was granted in eazly 1961 to add an electrical outlet and a few other permits have been issued subsequently for roofing ,air conditioning and other miner items. There should be no question that the buildings integrity is intact and that it is at least 50 years old. City Council, City of Arroyo Grande June 4, 2009 Re: 200 East Branch St. Page 3 of 3 We are not used to considering SO's buildings as historic. Some of us don't even like them, prefemng buildings of the turn of the 20`" century or the 1920's but there are new, younger generations that are finding the 50's of great interest and importance. These buildings are just as important to ow cultural development as those of earlier times. One of the tragedies of the 50's was that we tore down ow history to make way for the future. L.et's not make the same mistake. Please let us retain our best examples of this era. Copies: Steve Adams, City Manager Rob Strong, Community Development Director ×¬»³ ïïò¿ò Ð¿¹» ï ×¬»³ ïïò¿ò Ð¿¹» î ×¬»³ ïïò¿ò Ð¿¹» í ×¬»³ ïïò¿ò Ð¿¹» ì ×¬»³ ïïò¿ò Ð¿¹» ë ×¬»³ ïïò¿ò Ð¿¹» ê ×¬»³ ïïò¿ò Ð¿¹» é ×¬»³ ïïò¿ò Ð¿¹» è ×¬»³ ïïò¿ò Ð¿¹» ç ×¬»³ ïïò¿ò Ð¿¹» ïð ×¬»³ ïïò¿ò Ð¿¹» ïï ×¬»³ ïïò¿ò Ð¿¹» ïî ×¬»³ ïïò¿ò Ð¿¹» ïí ×¬»³ ïïò¿ò Ð¿¹» ïì MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER SUBJECT: SUPPLEMENTAL INFORMATION JUNE 9, 2009 CITY COUNCIL AGENDA -ITEM 11.a. DATE: JUNE 9, 2009 Attached is the proposed Resolution for adoption of the FY 2009-10 Budget (Item 11.a.), which was inadvertently missing from the printed Agenda packet. Staff recommends the Council adopt the Resolution, as proposed. c: City Attorney City Clerk RESOLUTION NO. 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 WHEREAS, a proposed Budget for the City of Arroyo Grande for the Fiscal Year commencing July 1, 2009 and ending June 30, 2010 was submitted to the City Council and is on file with the Director of Administrative Services; and WHEREAS, the City Council also serves as the Redevelopment Agency Board of Directors: and WHEREAS, proceedings for adoption of said Budget have been duly taken; and WHEREAS, the City Council made certain revisions, corrections, and modifications to reflect the changes ordered by the City Council; and WHEREAS, the total budget for FY 2009-10 is $29,047,291. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES RESOLVE AS FOLLOWS: SECTION 1. The Budget is adopted as the Budget for the City of Arroyo Grande for the Fiscal Year commencing July 1, 2009 and ending June 30, 2010. SECTION 2. At the close of each Fiscal Year, unexpended appropriations in the Operating Budget will be carried forward to the next fiscal year as necessary to underwrite the expense of outstanding purchase commitments. Unexpended appropriations for authorized, but uncompleted projects as approved by the City Council, may be carried forward to the next succeeding Budget upon recommendation by the Administrative Services Director and approval of the City Manager. On motion of Council Member_ the following roll call vote, to wit: AYES: NOES: ABSENT: seconded by Council Member ,and on the foregoing Resolution was passed and adopted this 9th day of June, 2009. RESOLUTION NO. PAGE 2 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY