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Minutes 2005-03-08 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 8, 2005 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:01 p.m. 2. ROLL CALL City Council: Council Members Dickens. Guthrie. Arnold. Mayor Pro Tern Costello and Mayor Ferrara were present. City Staff Present: City Manager Adams. City Attorney Carmel., Director of Administrative Services/City Clerk Wetmore, Director of Public Works/City Engineer Spagnolo, Chief of Police TerBorch, Director 6f Financial Services Pillow, Associate Planner Heffemon, and Assistant Planner Foster. 3. FLAG SALUTE Members of Camp Fire USA, Rainbow Forest. led the Flag Salute. 4. INVOCATION Pastor Richard Scharn delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Declaring March 17, 2005 as "Absolutely Incredible KId Day". Mayor Ferrara presented an Honorary Proclamation proclaiming March 17,2005 as "Absolutely Incredible Kid Day". Members of Camp Fire USA, Rainbow Forest, accepted the Proclamation and urged all adults to participate in Absolutely Incredible Kid Day by sending letters to express feelings and appreciation to young people in their lives, and making a difference in the life of a child. 5.b. Honorary Proclamation Declaring the Month of March as "American Red Cross Month". Mayor Ferrara presented an Honorary Proclamation proclaiming March 2005 as American Red Cross Month. Larry Womack, American Red Cross Board Member, accepted the Proclamation. 5.c. Mayor's Commendation Presented to Ryan Foster. Mayor Ferrara presented a Mayor's Commendation to Ryan Foster in recognition of his membership in the Platinum Service Club for service above and beyond the call of duty for his role as the City's webmaster; his work on designing the City's webslte; his role in setting up a web server within the City's existing computer network, eliminating the need for an outside vendor; which has resulted in the City saving thousands of dollars that would have otherwise been necessary to design and manage the website, and a website that has greatly improved the City's public outreach, public education, and customer service programs. CITY COUNCIL MINUTES MARCH 8, 2005 PAGE 2 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only. Council Member Dickens moved, Council Member Costello seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Colleen Martin, Arroyo Grande, thanked the Council for the kindness shown during the past month and the dedication of the February 8th Council meeting in honor of her father Mike Titus. Ms. Martin also expressed congratulations to Mr. Foster for his work on the City's website. She referred to the General Plan Update in 2001 and read excerpts from City Council meetings of October 3rd and October 9th 2001 dealing with Land Use Study Area 7Eb (E. Myrtle, E. Cherry and E. Cherry Extension east of Noguera Place and south of Arroyo Grande Creek, including Lierly Lane) and reminded that Council that the General Plan requires that a Neighborhood Plan be adopted prior to the approval of any development plan for this area. She also expressed concerns regarding the medium density zoning. B. CONSENT AGENDA Council Member Arnold requested Items 8.e. and 8.1. be pulled for discussion. Mayor Ferrara also requested that Items 8.d., 8.e., and 8.1. be pulled for discussion. Council Member Dickens moved, and Council Member Arnold seconded the motion to approve Consent Agenda Items 8.a. through 8.c., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: Dickens, Arnold, Guthrie, Costello, Ferrara NOES: None ABSENT: None B.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period February 16, 2005 through February 28, 2005. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City CounciVRedevelopment Agency Meetings of February 8, 2005 and February 22, 2005, as submitted. 8.c. Consideration of Authorization to Use City Property and Close City Streets for the Annual Arroyo Grande Strawberry Festival on May 28-29, 2005; Temporary Use Permit No. 05-004. Action: Adopted Resolution No. 3818 authorizing the use of City property and closure of City streets for the Annual Arroyo Grande Strawberry Festival on May 28-29, 2005. S.d. Consideration of an Amendment to the SHA/STP Cooperative Agreement with the San Luis Obispo Council of Governments. Recommended Action: 1) Authorize the Mayor to execute Amendment No. 6 to the SHA/STP Cooperative Agreement No. AG- TEA21-01; and 2) Direct the Director of Administrative Services to submit Amendment No. 6 to the SHA/STP Cooperative Agreement No. AG-TEA21-01 to the San Luis Obispo Council of Governments. ---, CITY COUNCIL MINUTES MARCH a, 2005 PAGE 3 In response to questions by Mayor Ferrara, Director Spagnolo explained the process related to SHAlSTP Cooperative Agreements, including the process for reimbursement of State transportation funds that the City has applied to fund capital projects. Director Spagnolo and gave an overview of the current status of funding for various City projects, including the Brisco/Halcyon/Route 101 PA&ED. a.e. Consideration of a Resolution Approving the Pavement Cut Policy. Recommended Action: Adopt a Resolution approving the Pavement Cut Policy. In response to questions by Council Member Arnold about the proposed pavement cut policy, Director Spagnolo explained that the policy would prohibit pavement cuts in streets for five (5) years following the placement of a new asphalt concrete surface. He explained that studies have shown that excavations in paved streets degrade and shorten the life of the street surface. He also clarified that the policy would not apply to the microsurfacing of roads. Director Spagnolo also noted that the policy allows for an exception for emergency, safety and utility repairs or work mandated by the State. He stated that staff works closely with developers/owners during the design phase in order to plan utility placements prior to paving of streets. a.f. Consideration of Resolutions Accepting the Pavement Management Program and Adopting the Federal Highway Administration (FHW A) Functional Street Classification System for the Street Network. Recommended Action: 1) Adopt a Resolution accepting the Pavement Management Program; and 2) Adopt a Resolution adopting the FHWA Functional Street Classification System for the Street Network. Mayor Ferrara expressed concern about the amount of money programmed for the pavement management program under corrective maintenance projects (pg. 30), specifically Brisco Road from EI Camino to Linda Drive, Brisco Road from E. Grand Avenue to Linda Drive, and Farroll Avenue. He requested that these projects be identified as priorities due to their existing condition. Director Spagnolo stated the Pavement Management Program document is the first step to identify the streets that need to be improved. He stated that the Capital Improvement Program ("CIP") is then developed based on funding availability and the Council would have the ability to select which projects should be prioritized when considering the CIP. Council Member Guthrie commented on the various street classification definitions and noted that the classification definitions for the City's street network in the Traffic Model and General Plan should be consistent with the Federal Highway Administration (FHWA) Street Classification System. Mayor Pro Tern Costello moved, and Council Member Arnold seconded the motion to approve Consent Agenda Items 8.d., 8.e., and 8.1., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: Costello, Arnold, Dickens, Guthrie, Ferrara NOES: None ABSENT: None ........, CITY COUNCIL MINUTES MARCH 8, 2005 PAGE 4 9. PUBLIC HEARINGS 9.a. Consideration of Renaming Courtiand Street to North Courtland Street and South Courtland Street. Assistant Planner Foster presented the staff report and recommended the Council adopt a Resolution renaming Courtland Street "North Courtland Streef' for the portion north of East Grand Avenue and "South Courtland Streef' for the portion south of East Grand Avenue. Mayor Ferrara opened the public hearing, and when no one came forward, he closed the public hearing. Council and staff discussion ensued regarding how addresses are assigned to properties within City blocks, and clarification on the need to provide consistent addressing of properties to ensure accurate and timely emergency response to all properties with the City. Council Member Guthrie moved to adopt a Resolution as follows, "A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF ARROYO GRANDE RENAMiNG COURTLAND STREET TO NORTH COURTLAND STREET AND SOUTH COURTLAND STREEr'. Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: Guthrie, Dickens, Arnold, Costello, Ferrara NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 9.b. Continued Public Hearing: Consideration of General Plan Amendment Case No. 04- 003; Housing Element Amendment. Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution amending the Housing Element of the General Plan (General Plan Amendment 04- 003). This item was considered at the February 22, 2005 Council meeting; however, following discussion regarding the complexity of recently adopted SB 1818 and its potential impact on Housing Element policies, the Council continued the item to direct staff to further research the new legislation and to receive clarification on the League of California Cities' position concerning SB 1818. She noted that the staff report included information on the League's efforts and response to SB 1818. Mayor Ferrara opened the public hearing. Jerry Bunin, Government Affairs Director representing Home Builders Association, spoke about the relationship between the City's inclusionary housing requirements and the State's new density bonus regulations in SB 1818. He claimed that SB 1818 would override the City's inclusionary housing requirements and that builders will choose SB 1818. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. -, -- CITY COUNCIL MINUTES MARCH 8, 2005 PAGE 5 Council comments included general support for the proposed amendments to the Housing Element; support for the inclusionary housing provisions included in the Housing Element; concern regarding the interpretation of SB 1818; acknowledgment concerning upcoming legislation to address and interpret provisions in SB 1818; direction to staff to monitor the legislation; and acknowledgment that the Housing Element could be amended again in response to changes in the law. Mayor Pro Tern Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE HOUSING ELEMENT OF THE GENERAL PLAN (GENERAL PLAN AMENDMENT 04-003)". Council Member Dickens seconded the motion, and on the following roll-call vote: AYES: Costello, Dickens, Guthrie, Arnold, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9.c. Continued Public Hearing: Consideration of Amended Conditional Use Permit Case No. 04-001 to Allow a Financial Institution to Occupy Building J of the Five Cities Shopping Center; 911 Rancho Parkway; Wells Fargo Bank. Associate Planner Heffernon presented the staff report and recommended the Council adopt a Resolution approving Amended Conditional Use Permit 04-001. Director Spagnolo introduced Andrew Lee from Omni-Means Engineers. Planners, and Steve Orosz from Orosz Engineering Group, Inc., who would be giving presentations. Carol Florence, Sr. Planner, Oasis Associates, representing the applicant, stated that based on the results of the traffic analysis, she requested the Council approve the Amended Conditional Use Permit for Wells Fargo. She indicated that the applicant agreed with the recommended mitigation. Steve Orosz, Traffic Engineer for the project, gave an overview of the traffic analysis conducted at the Rancho Parkway/Five Cities Shopping Center driveway intersection that services Phase 1 and Phase 2 of the Center. He reviewed Alternatives 1 through 10 for various intersection improvements, identifying the attributes and the constraints of each Alternative. In addition, he presented a simulation of existing traffic volume scenarios during PM peak hour weekday based on recent traffic counts. Mr. Orosz and Mr. Lee then responded to questions and comments from Council concerning the various Alternatives. Carol Florence commented that on behalf of the applicant, they have shown and are intending to continue to show good faith in attempting to resolve the existing traffic problems. She commented that whatever was proposed as mitigation for Wells Fargo must fit into the scheme of improvements for the rest of the Center. She requested the Council approve the Amended Conditional Use Permit for Wells Fargo with a special condition that will address not only the design implementation of the right turn lane on Rancho Parkway out of Phase 1, and instead of looking at the signal alternative, to pull back and look more comprehensively to see if there are some traffic circulation behaviors that can be modified. --3 CITY COUNCIL MINUTES MARCH 8, 2005 PAGE 6 Mayor Ferrara opened the public hearing. Steve Ross, Arroyo Grande, responded to the Alternatives presented and proposed a "one-way" exit out of the Five Cities Center Phase 1 driveway on Rancho Parkway. John Keen, Arroyo Grande, spoke about traffic signals and explained how traffic signals are synchronized. Colleen Martin, Arroyo Grande, supported the Alternative which would allow one way in and one way out of the Phase 2 driveway; thought the stacking of cars in the traffic simulation presentation was low; and suggested that the driveway entrance on W. Branch Street near the movie theater be improved to attract drivers and for safety reasons by removing about eight parking spaces to avoid cars backing into traffic entering the parking lot. Upon hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Arnold responded to suggestions made by members of the public; commented that the key for resolving traffic problems at the Center is to focus on utilizing W. Branch Street which was originally designed to serve as the main entrance and exit; stated he could not support the proposed mitigation for Wells Fargo; commented there needed to be a comprehensive plan to address the traffic issues surrounding the Center; stated that he wanted to see more comprehensive studies on all of the alternatives; expressed concerns regarding the suggestion for a round-about in the middle of the street on Rancho Parkway and thought a stop sign would make more sense; commented that the traffic simulation model could be valuable if all the variables are included when comprehensively studying all the alternatives; and concluded by stating he would not support a traffic signal on Rancho Parkway unless it is absolutely the only solution. Council Member Dickens commented that the traffic simulation was helpful; however he did not completely agree with what was depicted. He noted that this was the third public hearing to review the Wells Fargo application and commented that it was made clear by the Council early on that the traffic circulation problems surrounding the Center as a whole coincide with consideration of this item as well as the build out of Phase 2. He stated he would like to see a simulation for the full build out of Phase 2 with a more comprehensive analysis of the alternatives. He said he was unable to support moving forward on this item. Council Member Guthrie commented that the simulations were helpful; however, he pointed out that the results of the analysis showed an unacceptable Level of Service D and F traffic conditions at the driveway intersection; stated it was difficult to predict how the bank use would impact traffic conditions; commented that the proposed mitigation would improve service on the Phase 1 side; commented that Building J could be occupied by a retail tenant without any further improvements; and supported allowing the conversion to a financial use in order to ensure that the improvements for adding a right turn lane at the Phase 1 driveway are installed. He agreed with the need to move traffic activity away from the intersection between Phases 1 and 2 to the main entrance on W. Branch Street. In conclusion, he stated that the bank would be an added service that is not currently available on the east side of the freeway, which could reduce traffic crossing through Brisco Road to get to banking services on the west side. He supported moving forward with approving the amendment to allow a non-retail use with the addition of the right turn lane in Phase 1. CITY COUNCIL MINUTES MARCH 8, 2005 PAGE 7 Mayor Pro Tern Costello commented that the issues to be considered are that we have a regional shopping center that is operating at a Level of Service that is far below original projections; the application being considered is an amendment to a Conditional Use Permit to permit a non-retail use in a retail oriented building; and the overall traffic behavior and conditions at the Center. He commented on the existing traffic circulation conditions, commented on the proposed alternatives and emphasized the need to maintain direct access from Phase 1 to Phase 2. He said for the long term, there are a lot of issues to address regarding access in and out of the Center. He agreed that by putting in a right turn lane at the Phase 1 driveway on Rancho Parkway, there would be an improved level of service; however, any improvements approved for this amended Conditional Use Permit would have to fit with whatever the long-term solutions for the Center are going to be. Mayor Pro Tem Costello stated he could not support moving forward at this time. Mayor Ferrara referred to the Statement of Overriding Considerations and related approval documents for the Five Cities Center project which required the payment of in-lieu fees and the installation and synchronization of traffic signals to address the traffic issue, and stated that even with those requirements, the traffic was going to get worse without a fix to the freeway underpass at Brisco. He noted that recent information from SLOCOG reported that it was going to be 10 to 14 years until there is a fix for the Brisco/101 interchange and that the EI Campo interchange project is no longer on the project schedule. He commented that he did not understand how the right turn lane mitigation at Phase 1 affects the cross traffic issue to Phase 2; stated that if there were a direct impact on traffic by adding a right turn lane, he would rather move forward with a retail establishment and not a bank in order to receive the benefit of sales tax; and commented that if the owner of the Center wanted to act in good faith, they would take a look at the comprehensive behavior of traffic circulation in the shopping center and try to improve the circulation behavior to make it more effective. He commented on some of the suggestions presented such as the round-about; commented that the traffic simulation model did not reflect reality or the actual behavior of the traffic flow; and that he would like to see a simulation based on actual traffic conditions. Mayor Ferrara stated he was not comfortable moving forward with this application, and that if the City has to settle on a mitigation measure that is questionable, he would prefer a use that generates sales tax. Extensive discussion ensued with regard to the traffic circulation issues surrounding the Five Cities Center and the need for a comprehensive solution to traffic problems and behavior of circulation. Mayor Pro Tem Costello moved to take tentative action to deny the Amended Conditional Use Permit applied for by Wells Fargo Bank located at 911 Rancho Parkway, Five Cities Center, Phase 2 without prejudice and direct staff to prepare and return with an appropriate resolution for City Council action. Council Member Arnold seconded the motion, and on the following roll-call vote: AYES: Costello, Arnold, Dickens, Ferrara NOES: Guthrie ABSENT: None There being 4 AYES and 1 NO, the motion is hereby declared to be passed. --, CITY COUNCIL MINUTES MARCH 8, 2005 PAGE 8 Mayor Pro Tern Costello moved to direct staff that any future Conditional Use Permit amendment application that comes forward for Building J and/or Pad I, should include consideration of comprehensive traffic circulation mitigation to the Five Cities Center as a whole. Council Member Dickens asked if the motion intended to require a full circulation study of both Phase 1 and Phase 2. Mayor Pro Tem Costello responded yes. Council Member Arnold seconded the motion, and on the following roll-call vote: AYES: Costello, Arnold, Dickens, Guthrie, Ferrara NOES: None ABSENT: None There being 4 A YES and 1 NO, the motion is hereby declared to be passed. 10. CONTINUED BUSiNESS None. 11. NEW BUSINESS None. 12. CITY COUNCIL MEMBER ITEMS a) Request for staff to research alternatives on formula business restrictions in the Village commercial area and place on a future agenda for review and consideration. (FERRARA) Mayor Ferrara requested, and the Council concurred, to direct staff to research alternatives on formula business restrictions in the Village commercial area and place this item on a future agenda for review and consideration. 13. CITY MANAGER ITEMS a) Request for feedback regarding planning for Joint Meeting with Planning and Traffic Commissions. (ADAMS) City Manager Adams requested feedback from the Council concerning the desired location for conducting the joint meeting. The Council directed that the meeting be held in the Council Chambers to enable the meeting to be videotaped and broadcast live. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS City Manager Adams announced that U.S. Postal Service officials would be conducting a public meeting on March 29, 2005 at 7:00 p.m. at the City of Arroyo Grande Woman's Club and Community Center, 211 Vernon Street, Arroyo Grande to discuss the potential relocation of the Arroyo Grande Post Office. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. ~ CITY COUNCIL MINUTES MARCH 8, 2005 PAGE 9 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:45 p.m. ,,~ Tony Fer~ yor . (Approved at CC Mtg 3'J)-co) -1