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Minutes 2010-10-12 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 12, 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 7:00 p.m. 2. ROLL CALL City Council: Council Member Joe Costello, Council Member Chuck Fellows, Council Member Caren Ray, 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, Chief of Police Steve Annibali, Fire Chief Michael Hubert, Director of Recreation and Maintenance Services, and Community Development Director Teresa McClish. 3. FLAG SALUTE Mayor Ferrara led the Flag Salute. 4. INVOCATION Pastor Robert Banker, Open Door Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.b. Honorary Proclamation Declaring October 2010 as Rideshare Month. Mayor Ferrara presented an Honorary Proclamation declaring October 2010 as Rideshare Month. Kelsie Greer, Division Program Coordinator of SLOCOG, accepted the Proclamation on behalf of Rideshare. 5.a. Promotion of Sr. Police Officer Dan Langstaff to Sergeant and Introduction and Oath of Office to New Police Officer Jeffrey Corral. Police Chief Annibali introduced new Police Officer Jeffrey Corral and highlighted his career background; City Clerk Wetmore administered the Oath of Office to Officer Corral; and Chief Annibali then introduced and announced the promotion of Sr. Officer Dan Langstaff to Sergeant. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Costello moved, Mayor Pro Tem Guthrie seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 7. CITIZENS' INPUT. COMMENTS, AND SUGGESTIONS Bob Lund, representing Arroyo Grande In Bloom, spoke regarding Arroyo Grande In Bloom's participation in the Annual National America In Bloom Symposium and reported on the five awards the City received, and presented the various awards to the City for display. Minutes: City Council Meeting Page 2 Tuesday, October 12, 2010 Mayor Ferrara announced the Arroyo Grande In Bloom website is located at www.arroyograndeinbloom.org and stated the group is always looking for more volunteers. He also mentioned that the judge's report on improvements still to be made in the City will serve as Arroyo Grande In Bloom's work plan for the coming year. Patty Welsh, Pradera Court, referred to the red awning on the Chocolate Sheep building in the Village which she believes does not meet the City's guidelines for awnings, and expressed dismay that she has not yet received a response from the City Manager regarding her concerns. Mayor Ferrara requested that staff follow up on Ms. Welsh's concerns. Gant Scherquist, Vice Chair of the Historical Resources Committee (HRC), stated he was saddened to learn about the demolition of the Stilwell house and noted the City and the Council worked closely with the owner to save this historic house. He expressed concern about the fees that were waived to assist the owner in preserving the house. Shirley Gibson, Halcyon resident and HRC member, commented on the Stilwell house and stated that the public should be entitled to know the facts of the Stilwell /Sterling project; asked if the City had a written contract with the Sterlings; when the City was aware of the gutting of the Stilwell house; if the Sterlings received a financial incentive during the permit process and if so, what was the exact dollar amount and will it be reversed; and what will the City do in the future to actually preserve a worthy building. Mayor Ferrara requested that staff follow up on Mr. Scherquist and Ms. Gibson's concerns. Steve Ross, Garden Street, said he was disturbed about the loss of the Stilwell house as a lot of effort was made to save it; and he expressed dismay over the lost resources, including high quality lumber that was disposed of that could have been saved. He suggested that the City organize a group or method to determine what materials can be saved and used on other structures. 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. Mike McConville, E. Branch Street, referred to Item 8.f. and inquired whether Re -Max is considered a formula business; commented that Century 21 wanted to locate in the Village; stated he did not originally favor the formula business ordinance; acknowledged that City Hall is zoned public facility and he was told it would need to be rezoned to commercial; and stated if this business cannot be located here because of the formula business ordinance, the City should reconsider the ordinance in order to assist businesses who want to locate here. Susan Flores, E. Branch Street, commented on Item 8.f. as it relates to the formula business ordinance; stated a number of issues need to be revisited including signage; and commented on the need to maintain the City's unique character and protect the economic vitality of the small businesses. She also expressed concerns about the Short Street Shops project and related street project. Steve Ross, Garden Street, commented on the formula business ordinance and his recollection that the ordinance restricts fast food restaurants from the downtown core area and stated he did not believe other formula businesses were included. Minutes: City Council Meeting Page 3 Tuesday, October 12, 2010 Randy Steiger, representing Re- Max/Del Oro, spoke regarding plans for the City Hall building to incorporate historical ideas and have worked closely with the City to maintain the integrity of the building and to carry on the legend of public service that the building has stood for. He noted that Re -Max has a lenient sign and trademark program that allows a variety of options. Upon hearing no further comments, Mayor Ferrara closed the public comment period. Mayor Ferrara requested Item 8.f be pulled for further clarification. Action: Council Member Costello moved, and Council Member Ray seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of Item 8.f., with the recommended courses of action. The motion passed on the following roll -call vote: AYES: Costello, Ray, Fellows, Guthrie, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period September 16, 2010 through September 30, 2010. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council /Redevelopment Agency Meeting of September 14, 2010, as submitted. 8.c. Consideration of Temporary Use Permit Case No. 10 -017 Authorizing "Halloween in the Village" and Directing Staff to Implement Related Safety Measures Including No Parking Zones, Street Closures, and Warning Devices on Sunday, October 31, 2010. Action: Adopted Resolution No. 4314 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TEMPORARY USE PERMIT CASE NO. 10 -017 AUTHORIZING "HALLOWEEN IN THE VILLAGE" AND DIRECTING STAFF TO IMPLEMENT RELATED SAFETY MEASURES INCLUDING NO PARKING ZONES AND STREET CLOSURES ON SUNDAY, OCTOBER 31, 2010 ". 8.d. Consideration to Approve the Construction Plans and Specifications and adopt a Mitigated Negative Declaration for the Construction of Reservoir #6 on Stagecoach Road and Oro Booster Station Upgrade. Action: 1) Adopted Resolution No. 4315 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CONSTRUCTION DOCUMENTS AND SPECIFICATIONS FOR RESERVOIR #6 AND THE ORO BOOSTER STATION UPGRADE "; 2) Approved the Mitigation Monitoring Plan in compliance with CEQA Section 15097; and 3) Directed the City Clerk to file the Notice of Determination. 8.e. Consideration of Third Extension of Agreement for Contractor Street Services with SP Maintenance Services, Inc. Action: Approved a Third Extension of the Agreement with SP Maintenance Services for street sweeping services. Minutes: City Council Meeting Page 4 Tuesday, October 12, 2010 8.g. Consideration of Letter to the Board of Supervisors Regarding Zone 3 Water Supply Contract. Action: Authorized the Mayor to send the proposed letter to the Board of Supervisors on behalf of the City. 8.h. Consideration of Amendment to Development Impact Fee List of Transportation Improvement Projects. Action: Adopted Resolution No. 4316 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE TRANSPORTATION IMPROVEMENT PROJECT LIST FOR TRAFFIC IMPACT FEES ". 8.i. Consideration of a Public Facility Funding Agreement for the Reconstruction of Short Street and offsite Sewer Improvements in Connection with the "Shops at Short Street" Project. Action: 1) Approved an agreement to provide payment of costs associated with the reconstruction of Short Street and offsite sewer improvements associated with the "Shops at Short Street" project; and 2) Appropriated $20,000 for the offsite sewer improvements from the Sewer Fund. 84. Consideration of Summary Vacation of Small Unused Portion of Short Street Not Required for Street Purposes. Action: Adopted Resolution No. 4317 as follows: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUMMARILY VACATING A SMALL UNUSED PORTION OF SHORT STREET NOT REQUIRED FOR STREET PURPOSES ". ITEMS PULLED FROM THE CONSENT AGENDA 8.f. Consideration of Lease with Re /Max Del Oro for the Existing City Hall Building at 214 East Branch Street (ADAMS) Recommended Action: Approve a lease with Re /Max Del Oro for the existing City Hall building at 214 East Branch Street. City Attorney Carmel explained that the formula business ordinance does not apply to the Public Facility Zone and applies only in the Village Core and Village Mixed Use Zones; and further, that the definition of formula business means a business that is limited to retail trade uses and restaurants. He stated the proposed use is neither a retail trade nor a restaurant so it does not apply. City Attorney Carmel also referred to the supplemental information provided to Council regarding the proposed lease which includes provisions concerning the payment of possessory interest tax. He explained this is a tax that is imposed on a private party who is leasing a public building and that a five year fixed term lease with no options was negotiated between the parties. He recommended the Council approve the lease with the negotiated terms and authorize the City Manager and City Attorney to make additional minor modifications for internal consistency and consistent with previous Council direction. Action: Mayor Pro Tem Guthrie moved to approve a lease with Re- Max/Del Oro for the existing City Hall building at 214 East Branch Street for a 5 year fixed term with no options, tenant to pay all possessory interest taxes, and minor modifications consistent with Council direction may be approved by the City Manager and City Attorney. Council Member Ray seconded. Minutes: City Council Meeting Page 5 Tuesday, October 12, 2010 Council Member Fellows commented that some concern had been expressed with a red, white, and blue sign on the building that is contained in the lease and encouraged future review of the proposed signage, perhaps in earth tone colors instead of red, white and blue. Council Member Guthrie commented on his approval with the direction of this project and thanked staff for following through so quickly on what is a very advantageous position for the City. The motion passed on the following roll -call vote: AYES: Guthrie, Ray, Costello, Fellows, Ferrara NOES: None ABSENT: None 9. PUBLIC HEARINGS None. 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 12. CITY COUNCIL MEMBER REPORTS 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 7:46 p.m. Minutes: City Council Meeting Page 6 Tuesday, October 12, 2010 Tony .41 e r , yor ATTEST: Kelly W tm 1 City Clerk (Approved at CC Mtg 12-,q -a0,0 )