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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. M/nutes: City Council Meeting Page 2 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). Minutes: C/ty Council Meating 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) Minutes: City Coundl Heating Page 4 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 Minutes: City Council Meeting 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 Minutes: City Council Meeting Page B 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 M/nutes: City Council Meeting Page 7 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. Minutes: Cl[y Council Meeting Page 8 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