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Minutes 2010-02-09 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, FEBRUARY 9, 2010 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:02 p.m. 2. ROLL CALL City Council: Council Members Joe Costello, Ed Arnold, Chuck Fellows, Mayor Pro Tem Jim Guthrie and Mayor Tony Ferrara were- present. City Staff Present: City Manager Steven Adams, City Attorney Tim Carmel, Director of Legislative and Information Services /City Clerk Kelly Wetmore, Director of Administrative Services Angela Kraetsch, Chief of Police Steve Annibali, Police Commander John Hough, Fire Chief Mike Hubert, Building Official John Hurst, Director of Community Development Teresa McClish, and Associate Planner Kelly Heffernon. 3. FLAG SALUTE Members of Cub Scouts Pack 13 Den 4 led the Flag Salute. 4. INVOCATION Dr. Mayer Harnish, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring February, 2010 as "Grand Jury Awareness Month ". Mayor Ferrara presented an Honorary Proclamation recognizing February 2010 as "Grand Jury Awareness Month ". Bruce Legerness, representing the San Luis Obispo County Grand Jury, accepted the Proclamation. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Arnold moved, Council Member Fellows seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read in title only and all further readings be waived. Mayor Ferrara requested, and the Council concurred, to hear public hearing item 9.b. prior to item 9.a. regarding the appeal on the Eman Court project. 7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS Sam Burton expressed concerns about the traffic on Grand Avenue coming into the Village and asked if there were future plans to reroute truck traffic, and also asked if anything is going to be done about traffic on W. Branch Street near the Kmart shopping center. Mayor Ferrara suggested that Mr. Burton follow -up by contacting City Manager Adams to receive updated information regarding these matters. Minutes: City Council Meeting Page 2 Tuesday, February 9, 2010 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. Council Member Amold commented on Agenda Item 8.c. and commended the Arroyo Grande Babe Ruth Baseball League for its willingness to fund the balance of costs related to the Porter Field Backstop project. Action: Council Member Costello moved, and Council Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.d., with the recommended courses of action. The motion passed on the following roll -call vote: 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 January 16, 2010 through January 31, 2010. 8.b. Consideration to Declare Surplus Property /Police Firearms. Action: Adopted Resolution No. 4250 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITEMS AS SURPLUS AND AUTHORIZING THEIR SALE ". 8.c. Consideration of an Award of Contract to Town & Country Fencing for Construction of the Porter Field Backstop Replacement Project, PW 2010 -04. Action: 1) Awarded a contract for the Porter Field Backstop Replacement Project to Town & Country Fencing in the amount of $21,657; 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $2,166, for unanticipated costs during the construction phase of the project; 3) Found that the subject project is categorically exempt from CEQA pursuant to Section 15301(d); and; 4) Directed the City Clerk to file a Notice of Exemption. 8.d. Consideration of an Award of Contract to Spiess Construction Co., Inc. for Construction of the Elm Street Recreation Center ADA Retrofit, Phase 1 Project, PW 2009 -10. Action: 1) Awarded a contract for the Elm Street Recreation Center ADA Retrofit, Phase 1 Project to Spiess Construction Co. Inc. in the amount of $79,760; and 2) Authorized the City Manager to approve change orders for 10% of the contract amount, $7,976, for unanticipated costs during the construction phase of the project. 9. PUBLIC HEARINGS 9.b. Continued Public Hearing - Consideration of Appeal of Planning Commission's Approval of Vesting Tentative Parcel Map Case No. 05 -001 and Minor Exception Case No. 05-006 to Subdivide a 1.28 Acre Parcel into Three (3) Residential Lots and Construct Two (2) Residences; Applicant — DeBlauw Builders, Inc.; Location: 605 Eman Court. Minutes: City Council Meeting Page 3 Tuesday, February 9, 2010 Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution denying the appeal and upholding the Planning Commission's decision to approve Tentative Parcel Map No. 05 -001 and Minor Exception No. 05 -006. In response to a question from Council Member Costello regarding the applicant's request for a revised condition to limit the amount of pavement overlay to the areas of disrepair, and whether this would result in a negative impact to the bulb of the cul -de -sac, staff responded that paving of specific areas would not cause any disruption to the roadway. Mayor Ferrara opened the public hearing. Chris Diedrichsen, appellant, spoke in opposition to the project expressing concems about environmental impacts; the existing condition of the creek bank due to the recent rainfall; who is legally responsible for maintenance of creek setback; that trees and vines should be planted in creek; that the mitigation measures regarding protection of the creek are not adequate; that the Initial Study is flawed and that letters sent out do not comply with CEQA; did not consult with all responsible agencies; that an EIR should have been done versus a Negative Declaration; that the project will have a significant impact on the environment; and that a biological study was needed on impacts to steelhead trout. Duane DeBlauw, project applicant, spoke in support of the project which has been ongoing for 5 years; they have responded to concerns; the slope was inspected; the soils report has been updated with seismic conditions; that there was some localized failure on top of creek bank due to surface flow from neighboring properties, which can be mitigated and is a matter of channeling the drainage; that the vegetation is intact; he met with other Chumash representatives regarding cultural resources; and requested consideration of the mitigation measures and approval of the project. Bernard Lansman, Newman Drive, spoke in opposition to the project; expressed concern that his property is affected; that the City recently received 14 inch of rainfall and that more rain will impact the creek bank; expressed concern about increased water usage, that the City has declared a severely restricted water supply condition; and that the City should safeguard its water supply. Upon hearing no further comments, Mayor Ferrara closed the public hearing. Council comments ensued in support of the Planning Commission's approval of the proposed project; acknowledgement of the City's water conservation efforts; that the property is zoned for the project; that the proposed project has been in place process for a long time; support for the amendment to condition #35; some concern regarding comments about the slope; acceptance of the proposed mitigation measures; that the project has reviewed multiple times by the Planning Commission dating back to 2005; that the Negative Declaration has been modified to include more stringent mitigation measures; that project revisions have been made to address various concerns; that the project is outside of the creek setback, therefore there would be no structures in the creek setback or the agricultural buffer; that the second story has been reduced; that this is an approved density and is included in the City's water calculations and the City is obligated to supply water to this development; that all responsible agencies were notified and that they are not obligated to respond; that the temporary moratorium applies to new projects and that this project is not subject to the moratorium. Minutes: City Council Meeting Page 4 Tuesday, February 9, 2010 Action: Council Member Arnold moved to adopt a Resolution as follows: 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF VESTING TENTATIVE PARCEL MAP CASE NO. 05 -001 AND MINOR EXCEPTION CASE NO. 05 -006 FOR PROPERTY LOCATED AT 605 EMAN COURT; APPLIED FOR BY DEBLAUW BUILDERS, INC.', including an amendment to Condition #35 as follows: "Prior to issuance of a Certificate of Occupancy, the applicant shall overlay the bulb of the cul -de -sac in areas of disrepair to the satisfaction of the Community Development Director." Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll call vote: AYES: Arnold, Guthrie, Costello, Fellows, Ferrara NOES: None ABSENT: None 9.a. Consideration of Centennial Square Project and a Purchase and Sale and Improvement Agreement for Acquisition of Property at 300 East Branch Street and Sale and Development of City Property at 200 and 208 East Branch Street and the Adjacent Parking Area. City Manager Adams provided brief introductory comments including acknowledgement regarding the number of letters and comments received in support and opposition to the Centennial Square project. He then presented the staff report and recommended the Council: 1) Adopt a Resolution adopting a Negative Declaration with mitigation measures; 2) Approve the Centennial Square preliminary design concept; 3) Approve a contract with RRM Architects for final design of the Centennial Square project for a not to exceed amount of $44,000; 4) Approve a Purchase and Sale and Improvement Agreement with NKT Commercial for acquisition of property at 300 East Branch Street and the parking area in between, development of a 5,700 square foot commercial building at Short Street and East Branch Street, and adaptive reuse of the 208 East Branch Street building; 5) Select Alternative 1 as the preferred design for the NKT Commercial project; 6) Authorize the City Manager to execute documents to obtain debt financing of up to $1.2 million for costs associated with acquisition of the 300 East Branch Street property through the United States Department of Agriculture Rural Development Community Facilities low- interest loan program; and 7) Award a bid in the amount of $39,991 for construction of a fire sprinkler system in the 300 East Branch Street building. He then introduced the following individuals who provided information associated with the recommended proposals, as follows: Tim Mulrenan, Redevelopment Agency financial advisor, stated he has reviewed the developer's pro- forma, that the financial projections are reasonable, commented on the cost and revenue projections associated with the project, and noted the project would have a low rate of return.. Jeff Ferber, RRM Design, gave a brief presentation which included a review of the design and purpose of the proposed Centennial Square project. Fred Sweeney, Phillips Metsch Sweeney Moore Architects, stated he had reviewed and evaluated the City buildings to determine the costs of retrofit to meet ADA requirements and bring the buildings up to Code. Marshall Phil, Cannon and Associates, reviewed the structural conditions of the Engineering building. • Minutes: City Council Meeting Page 5 Tuesday, February 9, 2010 Marty Inouye, Omni - Means, provided an overview of the traffic study analysis quantifying existing and future circulation conditions relating to the proposed closure of Short Street. He explained level of service conditions and noted the study found no significant transportation impacts were identified from the closure of Short Street. Peter Janke, Farmers Market representative, expressed appreciation to be a part of this process; stated they have been working hard to find a new location; they desire to relocate next to the existing gazebo where they were temporarily located during the Short Street closure; and acknowledged Diane Boyd, Marketing Manager for the Farmer's Market. Mayor Ferrara called for a break at 9:10 p.m. The Council reconvened at 9:20 p.m. Carol Florence, Oasis and Associates, representing NKT Commercial, spoke in support of staff recommendations 1, 2, 4, 5, and 6. She gave an overview of the proposed commercial project and a video presentation of the conceptual rendering. Nick Tompkins, NKT Commercial, thanked Council, staff, and members of the community for their time and comments; provided a summary of his family history and ties to the community; expressed love for the Village and his intent to enhance an existing resource and to create a more pedestrian friendly area. He commented that the proposed design is consistent with the look of the Village; the proposed design could be enhanced and would go through further review process; he recognizes difficulty of change; and encouraged the Council to review the proposal and move forward. Questions of consultants ensued regarding deficiencies in the Engineering building and associated costs to fix; clarification of costs to improve the City Hall structure; clarification of cost comparisons between the proposed plan and keeping the existing buildings; existing square footage of current City Hall and basement and of the Farm Credit building; the appraised value of the City Hall building; and the traffic study results of the potential addition of a left-turn lane on Mason Street. Mayor Ferrara opened the public hearing. Gary Scherquist presented an alternative project concept plan which would keep Short Street open and maintain a plan for a new commercial project; incorporate Centennial Park around the gazebo; relocate the public restrooms; and incorporate a history display kiosk. He liked everything that has been proposed but this alternative provides a plan to keep Short Street open. Pete Giambalvo, Arroyo Grande resident and community volunteer, spoke in support of the proposed plan stating it was exciting and would bring in tourism, pedestrians, bicyclists, and beauty to the Village. Bob Lund, representing Arroyo Grande in Bloom spoke about the beautification efforts in and around the Village, and on behalf of the Village Improvement Association (VIA), stated that the Board of Directors and a majority of its members support the proposed project. Greg Moore, Willis & Bennett, spoke in support of the proposed project. Gordon Bennett, Allen Street, spoke in opposition of the proposed project and listed 20 building owners in the Village in the vicinity of W. Branch Street, Bridge Street, Traffic Way, and Nelson Street who want Short Street to remain open. He also referred to citizens who signed over 300 "Save Short Street" letters and submitted additional letters opposing the closure of Short Street for the record. Karen White asked how much it cost the City for the consultants to be present; how much the ADA Minutes: City Council Meeting Page 6 Tuesday, February 9, 2010 improvements would cost for the Farm Credit building; spoke in opposition to the Short Street closure; and believed Short Street is a historic site. Diane Schleiger, representing the Arroyo Grande Chamber of Commerce, stated the Board supports the proposal. Eric Essen spoke in opposition to the closure of Short Street; expressed concerned about the design of the proposed commercial buildings and stated that the facades should be reconsidered. Shirley Gibson, Halcyon resident, spoke in opposition to the closure of Short Street expressing concern about the loss of history, loss of parking spaces, increased commercialization, and traffic impacts. Manetta Bennett, Allen Street, commented that The Tribune published notice of the meeting; spoke in opposition to the proposal stating there is too much emphasis on tourism; that Farmer's Market was too crowded; and that the City needs to keep Short Street open as it serves as a gateway; that the City needs to emphasize it agricultural and historical resources; and that she does not want the City to emulate Avila Beach or Paso Robles. Tom Talbert, Arroyo Grande resident, spoke in support of the proposal stating that the City has a unique opportunity to take advantage of financing to resolve problems that the City is facing. Terry Leevers, Arroyo Grande resident, spoke in support of the proposal; liked the alternative plan, but that the City should not allow left turns from Short Street onto E. Branch. She also inquired when the appraisal for the Farm Credit building was done as it seemed high. Karen Boutaloshen spoke in opposition to the design of the proposed commercial project, the closure of Short Street, and suggested it be turned into a one -way street as it is the gateway to the City's historic sites and Farmer's Market. Mike McAustin, Mesquite Lane, spoke in support of the proposal and stated the City has an opportunity to solve a lot of issues it will be facing in the next several years. John Silva spoke in opposition to the proposal. Ira Hughes read a letter from Bob Christianson in opposition to the proposal; expressed concern about the results of the traffic study; and also spoke in opposition of the proposal. Babak Naficv, representing Concerned Citizens for the Preservation of Arroyo Grande, commented on CEQA issues and the proposed Negative Declaration; stated the traffic study was flawed; and expressed concem that there is an appearance of bias in favor of this project. Susan Flores, E. Branch Street, spoke in opposition to the closure of Short Street; expressed concern about financial issues; and acknowledged the City needs to address its ADA deficiencies. Tim Moore, Fair Oaks, spoke in opposition to the closure of Short Street and loss of parking spaces. Judith Bean, Arroyo Grande Chamber of Commerce, spoke in support of the proposed project on behalf of business owners who also support the project. Kristen Bameich, Canyon Way, stated this project would bring drastic change to the Village; opposed demolition of the Building Department building; stated the alternative design could be better designed; favors the idea of Centennial Square but not at the expense of losing the Village character; commented on the potential closure of Short Street; and favored Gary Sherquist's altemative plan. Tim Brown, Allen Street, requested a 2 -week break to discuss Centennial Square; requested keeping Short Street open and looking at altematives; needed to know how the plan is being financed; and that the City needs to deal with ADA deficiencies. Eddie El- Helou, Village business owner, spoke in support of the proposal. Lenny Jones spoke in support of the proposal. Sam Burton opposed the closure of Short Street. Minutes: City Council Meeting Page 7 Tuesday, February 9, 2010 Camay Arad, Allen Street, spoke in opposition to the Centennial Plaza project and favored the alternative plan presented by Gary Sherquist; and also opposed closure of Short Street. Greg Nester spoke in support of the proposal. Henry Gonzalez spoke in opposition to the closure of Short Street as it directly affected his business during the temporary closure. Claire Clark, Crown Hill, spoke in support of the project. Mike McConville, E. Branch Street, spoke in favor of most of the proposals with the exception of closing Short Street for Centennial Plaza; agreed that the City buildings are substandard; and inquired whether Short Street is considered a historical site. Bill McCann, Crown Hill, inquired about the timeline for rehabilitating City Hall; liked the idea of acquiring the Farm Credit building but wants to retain the existing City Hall; and suggested designating Short Street as a one -way street. Tony Gantz spoke in support of the proposed project. Nan Fowler, Cerro Vista Circle, spoke in support of the proposed project. Nora Looney, Lierly Lane, spoke in support of the proposed project. Steve Loomis, Huasna Road, spoke in support of the project concept as a whole and acknowledged the pros and cons of closing Short Street. Linda Osty spoke in support of the project. Upon hearing no further comments, Mayor Ferrara closed the public hearing. Mayor Ferrara called for a break at 11:10 p.m. The Council reconvened at 11:15 p.m. Brief Council questions ensued regarding historical resources; value of parking spaces; and the cost and financing of City Hall renomations. Mayor Ferrara addressed comments regarding predisposition of positions regarding the project noting that the proposal had been heard previously and that concerns about the traffic study delayed the project for further review. Mayor Ferrara presented a PowerPoint presentation and provided the following comments: - The Short Street/Centennial Square project is consistent with the Design Standards and Guidelines, the General Plan, and will ensure a vibrant, activity oriented Village Core now and into the future; - The project meets the Guidelines and Standards for Historic Districts; - The project meets General Plan Land Use objectives LU6 -5 through 6 -8 and Economic Element objectives ED -3 through ED -7; - The project would result in no net loss of parking; would add 65 new spaces behind the Council Chambers and Branch St. Deli which would be constructed simultaneously; centralized parking is common; and would encourage people to park and walk through the Village; - Stated that people shop on their feet, not from their car; - Provided samples of similar centralized parking areas located in Paso Robles, Avila Beach, and Pismo Beach, and is in planning stages in Atascadero; - Traffic circulation was studied during 30 -day closure to determine if adequate circulation can occur; - Short Street would only be closed to vehicles; the street would become a pedestrian square; the street name would be maintained; and Short Street continues for a' /: mile to Allen Street; Minutes: City Council Meeting Page 8 Tuesday, February 9, 2010 - Reviewed and showed pictures of other cities that have done similar Centennial Square projects; - Farmer's Market stays in the Village; will be closer to retail and encourage visitors to visit businesses; - Addressed building and safety issues; noted the Planning Commission and Council approved the evaluation criteria for historic resources; the Building Department building did not meeting the criteria and the Council did not determine it to be historic; changing the rules detracts from the credibility of the entire process; - Reviewed Planning Commission and City Council voting history on Ordinance establishing Historic Resource Committee and Historical Designation Process; noted the criteria came back to Council for modifications and was unanimously approved by current City Council; - Using the criteria, showed buildings in the City that have been designated as historic and those that were not designated, including the Building Department building; - Referred to the petitions and signature gathering process which included incomplete and misleading information; - Believed the City followed established policy and doctrine in applying its historical designation process; - With regard to City Hall relocation, it would occur in an already existing building in the Village Core; it is an opportunity that will not come up again; delaying it would result in increased future costs; - Provided citizen quotes from the police surveys; - Concluded by supporting the project. Council Member Costello provided the following comments: - Addressed the City Hall portion of the proposal and stated the opportunity for a building trade is good; - Acknowledged that the ADA compliance issues need to be addressed; - Staff has done a good job of paring down operating expenses by reducing staff; - The City would be acquiring the building to accommodate smaller staff in one location; - Supported the Purchase and Sale and Improvement Agreement; - Commented on parking availability; - With regard to Farmer's Market, the Association representative said they like the changes and are ok with relocation; - Concept of new buildings for commercial component is favorable; - Wants to keep Short Street open; inquired whether the developer could accommodate the project if the street was left open; could be changed to a one -way street, which may be a good solution; - Accepting the project as presented with Centennial Square as proposed is not an option and he could not support it tonight; - Stated that Short Street could be closed when needed for special events; - Acknowledged the 36 people who spoke tonight. Council Member Fellows provided the following comments: - Could support the idea to keep Short Street open and making it a one -way street, which could be safer; the existing width of Short Street could accommodate the proposal if left open; - Keeping Short Street open and providing easy access to parking is important to him as well as to the community; Minutes: City Council Meeting Page 9 Tuesday, February 9, 2010 - Placed a lot of weight on comments from business owners who believe they would be negatively impacted and also from the citizen petitions; - Was contacted by many people who are opposed to a Centennial Plaza; - Opposed demolition of the Building Department ( "malt shop ") building and inquired if the City could approve the Mitigated Negative Declaration without evaluating the impacts of demolishing the building through an environmental impact report. Pursuant to Council policy that requires a unanimous vote to continue the meeting past midnight, Mayor Pro Tem Guthrie moved to proceed with the meeting, Mayor Ferrara seconded, and the motion passed unanimously by consensus. Brief discussion ensued with legal counsel regarding the action the Council previously took on the 200 E. Branch Street building, and staffs recommendation on the current proposal as it relates to historic resource determination and the environmental review process. Council Member Fellows comments (continued): - Believed that access to parking in Olahan Alley is best way to encourage people to park and shop; - Spoke with many people regarding Farmer's Market when it was temporarily relocated who were unhappy with the location and who opposed a permanent relocation from the existing location on Short Street; - Acknowledged City staff, reductions in staffing, and present City Hall accommodations; - Stated he has served the City in various capacities since 1999 and has promised to protect the Village; • - Referred to previous comments at December 8" meeting; reiterated General Plan policies; results of General Plan Survey in 1999; and various Land Use objectives and goals; - Does not agree with the results of the Initial Study; - If Centennial Plaza is approved, the design should be low -key; however, the General Plan language does not support the project; and he cannot support this portion of the proposal; - The 1999 General Plan survey results agree that the Village should remain the way it is; - Supported Gary Scherquist's alternative plan which contains elements he could support, would give the City a place to celebrate its history, and would cost less; - Commented on the state of the economy and that the Federal and State Governments are awash in debt; - Commented on the National debt; - Asked if it was wise for the City to sell off its assets; to borrow $1.2 million; and to spend money on a Plaza; - Cannot support spending money on an ongoing annual basis to cover the debt incurred by the City, specifically from the Local Sales Tax fund; cannot support closing Short Street or demolishing any vintage building in the Village. Council Member Arnold provided the following comments: - Initially supported the proposed building trade; - May wind up with too much square footage, should sell City Hall and move everyone to Farm Credit building; - With regard to parking, the City has an underutilized lot behind the Council Chambers; - The City has been deferring problems that need to be solved and acquiring the Farm Credit Minutes: City Council Meeting Page 10 Tuesday, February 9, 2010 building is a good solution; - The idea of changing Short Street to a one -way street should be evaluated; - Gary Scherquist's plan is impressive and may be a valid consideration — outdoor seating as proposed would be minimally impacted; - The idea for potential relocation of the public restrooms may be feasible; - Does not particularly favor proposed design for the commercial shops; - Likes the idea of a brick drive, and potential for removable bollards for special events; - During consideration for E. Branch Streetscape project, initially thought about removing on- street parking to make wider sidewalks for safer pedestrian access; - With regard to selling City assets, they are expensive assets to maintain and bring up to Code; - With regard to parking, the bigger issue is to redevelop the Village as a whole, not just for this project; - Supports efforts to try to save City resources; however, thinks the historic designation process is flawed; - Commented on adaptive re -use concepts; - Surveyed people who spoke during public hearing which resulted in an equal number of people in support of and opposed to the street closure; however, more spoke in favor of the proposed project; - If street goes to a one -way, single lane and is not effective, can return to re- evaluate; - Commented on the charm of the Village. Council Member Guthrie provided the following comments: - Has been opposed to the proposal; - Realizes City Hall is deficient and should have been maintained; - The main issue is about money; - Local sales tax was identified for other priorities and not for City facilities; - Have reduced City staff, and will not likely increase staff in the future; - The future of government is going to be smaller because of financial constraints; - The City had specific direction — advisory measures said don't spend money on City facilities; - Acknowledged he did not hear people concerned about money for City Hall during the public comment period; - City has always accomplished multiple goals; - Trading asset that is more valuable as retail space; - Surprised at how attached people are to Short Street and must be respected; - Liked idea to make Short Street one -way; - Economic benefit with increased revenue was considered; - Could find way to support the proposed development; - His idea was to keep City Hall; Public Works and sell the parking lot and Building department building; - Unable to support — clear direction from voters with other, higher priorities; need to move forward with a capital plan to improve City Hall; could sell City Hall and move over to the Farm Credit building if cheaper; there is a need for a more cost effective plan. Mayor Ferrara asked the applicant, Nick Tompkins, for response to suggestions. Mr. Tompkins said there are a few things that can be considered, including ability for ingress on a single lane. He explained that in talking to potential tenants, they liked Centennial Plaza. He Minutes: City Council Meeting Page 11 Tuesday, February 9, 2010 explained that the elevation differences on the existing building make it difficult to adaptively reuse the building; however, he stated his project design was just a proposal and he recognized the ARC would be instrumental in design review. In response to a question by Council Member Arnold, there was brief discussion regarding the potential for selling the City Hall building; however, Mr. Tompkins stated while he was open to consider it, it was not likely that it would be financially feasible for him due to its present condition and historical status. Mayor Ferrara said there was a suggestion about the possibility of going back and taking a look at an adaption of Mr. Scherquist's proposed plan; that he would be supportive of continuing the item to the next meeting; and that there may need to be some compromise on a plan for Short Street. Action: Mayor Ferrara moved to continue this item to the next meeting of February 23, 2010 to give Mr. Tompkins an opportunity to review Mr. Scherquist's altemative proposal and to incorporate it with a redesign of Short Street to one -way, and then return to the Council with a revised proposal. Council Member Arnold seconded. Brief discussion ensued with regard to the potential for selling the City Hall building. Mr. Tompkins noted he could not respond to this issue within two weeks and it would require further research. Council Member Fellows noted that he always wanted the present City Hall building to remain as City offices and he would not vote for it to become commercial. City Manager Adams noted that staff had previously analyzed the ability for all City staff to fit into the Farm Credit building. The motion passed on the following roll call vote: AYES: Ferrara, Arnold, Costello, Fellows NOES: Guthrie ABSENT: None 9.c. Consideration of Conditional Use Permit 09 -012 to Construct a New 14,468 Square - Foot Police Station at the Northwest Corner of West Branch Street and Rodeo Drive. Recommended Action: 1) Adopt a Resolution approving Conditional Use Permit 09 -012; 2) Authorize the City Manager to submit a final application to the United States Department of Agriculture for low- interest finances of up to $6 million for the project; and 3) Appropriate $25,000 for the purpose of a design cost efficiency peer review. Action: Council Member Costello moved to continue the public hearing to the February 23, 2010 City Council meeting. Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll call vote: AYES: Costello, Guthrie, Arnold, Fellows, Ferrara NOES: None ABSENT: None 9.d. Consideration of Police Station Bond Measure for June 8, 2010 Election. Minutes: City Council Meeting Page 12 Tuesday, February 9, 2010 City Manager Adams presented the staff report and recommended the Council: 1) Adopt an Ordinance calling and giving notice of a special election on the proposition of the issuance of bonds for construction of a new Police Station and refinancing of the 2003 Fire Station bonds; 2) Adopt a Resolution requesting consolidation with the Statewide Primary Election; 3) Adopt a Resolution approving the Tax Rate Statement; 4) Adopt a Resolution setting priorities for filing written arguments regarding the measure and directing the City Attorney to prepare an impartial analysis; and 5) Approve the argument in favor of the measure. Mayor Ferrara opened the public hearing, and upon hearing no public comments, he closed the public hearing. Action: Council Member Costello moved to adopt an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION ON THE PROPOSITION OF WHETHER BONDS SHALL BE ISSUED AND SOLD TO FINANCE A NEW POLICE STATION AND REFINANCE THE CITY'S 2003 FIRE STATION BONDS, AND ORDERING THE SUBMISSION OF A MEASURE TO THE QUALIFIED VOTERS OF THE CITY AT A CONSOLIDATED SPECIAL MUNICIPAL ELECTION AND ESTABLISHING SPECIFICATIONS FOR THE ELECTION ORDER ". Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: Costello, Arnold, Fellows, Guthrie, Ferrara NOES: None ABSENT: None Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 8, 2010, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE ". Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: Costello, Arnold, Fellows, Guthrie, Ferrara NOES: None ABSENT: None Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE TAX RATE STATEMENT TO BE MAILED TO VOTERS IN THE CITY OF ARROYO GRANDE PURSUANT TO SECTION 9401 OF THE ELECTIONS CODE (JUNE 8, 2010, BOND ELECTION) ". Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: Costello, Arnold, Fellows, Guthrie, Ferrara NOES: None ABSENT: None • Minutes: City Council Meeting • Page 13 Tuesday, February 9, 2010 Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS ". Council Member Arnold seconded, and the motion passed on the following roll call vote: AYES: Costello, Arnold, Fellows, Guthrie, Ferrara NOES: None ABSENT: None Action: Council Member Costello moved to approve the Argument in Favor of the measure. 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.e Consideration of a Resolution Approving Certain Findings and Approving the Energy Assistance Account Program for Energy Related Improvements to City Facilities with PacificWest Energy Solutions, Inc. City Manager Adams presented the staff report and recommended the Council adopt a Resolution approving certain findings and approving the Energy Assistance Account Program for energy related improvements to City facilities with PacificWest Energy Solutions, Inc. Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CERTAIN FINDINGS AND APPROVING THE ENERGY ASSISTANCE ACCOUNT PROGRAM FOR ENERGY RELATED IMPROVEMENTS TO CITY FACILITIES WITH PACIFICWEST ENERGY SOLUTIONS, INC. ". Council Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Costello, Fellows, Arnold, Guthrie, Ferrara NOES: None ABSENT: None 9.f. Consideration of a Resolution Approving Certain Findings and Energy Solutions Agreement for Energy Related Improvements to City Facilities with PacificWest Energy Solutions, Inc. City Manager Adams presented the staff report and recommended the Council adopt a Resolution adopting certain findings and approving an Energy Solutions Agreement for energy related improvements to City facilities with PacificWest Energy Solutions, Inc. Minutes: City Council Meeting Page 14 Tuesday, February 9, 2010 Mayor Ferrara opened the public hearing, and upon hearing no comments, he closed the public hearing. Action: Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CERTAIN FINDINGS AND ENERGY SOLUTIONS AGREEMENT FOR ENERGY RELATED IMPROVEMENTS TO CITY FACILITIES WITH PACIFICWEST ENERGY SOLUTIONS, INC. ". Council Member Fellows seconded, and the motion passed on the following roll call vote: AYES: Costello, Fellows, Arnold, Guthrie, Ferrara NOES: None ABSENT: None 10. CONTINUED BUSINESS ITEMS None. 11. NEW BUSINESS ITEMS None. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS None. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 1:40 a.m. Tony F , Mayor ATTEST: A atJ,,. Kelly We ore ity Clerk (Approved at CC Mtg3-9.20 /0 )