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Minutes 2005-11-08 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 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 7:00 p.m. 2. ROLL CALL City Council: Council Members Dickens, Guthrie, Arnold, and Mayor Ferrara were present. Mayor Pro Tem Costello was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services/City Clerk Wetmore, Director of Financial Services Kraetsch, Director of Parks, Recreation & Facilities Hernandez, Director of Community Development Strong, and Director of Public Works/City Engineer Spagnolo, and Associate Planner McClish. 3. FLAG SALUTE Members of Boy Scout Troop 26 led the Flag Salute. 4. INVOCATION Pastor Jerry Nelson, Seventh Day Adventist Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATION 5.a. Proclamation Congratulating the Economic Opportunity Commission on its 40'h Anniversary. Mayor Ferrara presented an Honorary Proclamation congratulating the Economic Opportunity Commission on its 40th Anniversary. Rae Fleming, representing the Economic Opportunity Commission, accepted the Proclamation. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only. Council Member Arnold moved, Council Member Dickens seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further readings be waived. 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS Mike McConville, Arroyo Grande, referred to the increase in traffic on Route 227 specifically with regard to an increase in the noise from truck air brakes. He requested that the City look into the matter. . Susan Flores, Arroyo Grande, acknowledged the many services and programs that the Economic Opportunity Commission provides for students and families and stated that the Proclamation presented was well deserved. Randv Soinneman, teacher at Arroyo Grande High School, thanked the City Council for allowing his students to attend Council meetings to learn how City government works. CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 2 8. CONSENT AGENDA At staff's request, Council Member Arnold requested that Item 8.d. be pulled. 8.d. Consideration of. the Preparation of a Brisco Road-Halcyon Road/Route 101 Supplemental Project Study Report (PSR) to Apply for Design and Construction Funding and Additional Appropriation to Complete the Supplemental PSR and Project Approval and Environmental Determination (PA&ED) Recommended Action: 1) Authorize the City Manager to execute a contract amendment with Wood Rodgers, Inc. to prepare a Supplemental Project Study Report (PSR) for the Brisco Road-Halcyon Road/Route 101 project in order to apply for design and construction funding; 2) Authorize the City Manager to execute a contract amendment with Wood Rodgers, Inc. for additional items required to complete the Project Approval & . Environmental Document (PA&ED) phase of project development; and 3) Allocate an additional appropriation of $139,250 from the Transportation Facility Impact Fund. Director of Public Works Spagnolo presented an update on the status 'of the Brisco Road- Halcyon Road/Route 101 Interchange project, including an overview of project components and alternatives. He reported that SLOCOG was recommending that the auxiliary lane portion of the project proceed separately, and he highlighted funding issues and strategies associated with separating out this component. He stated that based on SLOCOG's recommendation, staff was revising its recommendation to request that the Council authorize the City Manager to execute a contract amendment to complete the PA&ED, and allocate $88,000 from the Transportation Facility Impact Fund. Following Council comments, questions, and discussion regarding the status and funding of the interchange improvement project, staff was directed to schedule on a future agenda a full update on the status of the Brisco Road-Halcyon Road/Route 101 Interchange project. Council Member Guthrie moved to authorize the City Manager to move forward with separating out the auxiliary lanes portion of the project from the PA&ED; execute a contract amendment with Wood Rodgers, Inc. to prepare a Supplemental Project Study Report (PSR) for the Brisco Road-Halcyon Road/Route101 project in order to apply for design and construction funding; and allocate an additional appropriation of $88,000 from the Transportation Facility Impact Fund. Council Member Dickens asked if the motion could be amended to include directing staff to come back at a future date with a full presentation in order to update the Council and the public about the status of this project. Council Member Guthrie agreed to expand the motion. Council Member Dickens seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Guthrie, Dickens, Arnold, Ferrara None Costello Council Member Dickens moved, and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8,a. through 8.c., with the recommended courses of action. The motion passed on the following roil-call-vote: AYES: NOES: ABSENT: Dickens, Guthrie, Arnold, Ferrara None Costello CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 3 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period October 16, 2005 through October 31,2005. 8.b. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council meeting of September 27, 2005 as submitted. 8.c. Consideration of Acceptance of the East Grand Avenue Enhancements at Courtland Street Project, PW 2005-06. Action: 1) Accepted the project improvements, as constructed by Curt Bailey Masonry, Inc. in accordance with the plans and specifications for the East Grand Avenue Enhancement Project, PW 2005-06; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. 9. PUBLIC HEARINGS 9.a. Continued Public Hearing - Consideration of a Proposed Ordinance Amending Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Regarding the Community Tree Program. Director of Parks, Recreation and Facilities Hernandez presented the staff report and recommended the Council introduce an Ordinance amending Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Regarding the Community Tree Program. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. Mike McConville, Arroyo Grande, asked for clarification about whether the ordinance affected residential districts. Staff responded that the ordinance includes regulation of oak trees and street trees in residential areas. Steve Ross, Arroyo Grande, stated he had spoken to members of the community about the ordinance who favored the protection of trees; however, most people opposed any regulations concerning trees in private backyards. He also received comments about trees in existing streetscapes that are negatively impacting sidewalks and inquired whether the ordinance addresses this issue. Hearing no further public comments, Mayor Ferrara closed the public hearing. Council Member Arnold stated he had looked at trees around the City and felt that a 12" diameter was appropriate for regulation purposes. He expressed some concern with trees that may have multiple trunks. He supported the language proposed relating to a permit exemption for trees constituting an imminent fire hazard. He stated he did not think the ordinance was too restrictive and supported it as proposed. . In response to the language regarding the definition of "imminent fire safety hazard", Council Member Guthrie noted that a determination would have to be made by the Fire Chief whether a tree falls into the 100-foot fire zone before a permit exemption is granted. He noted that while people may be uncomfortable with regulation of trees in backyards, the proposed ordinance provides a discretionary process for the removal of trees. He supported the proposed ordinance and noted that the General Plan states that oak trees will be protected. CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 4 Council Member Dickens stated it was important to look at what the City is trying to achieve and noted that the Community Tree Ordinance was outdated and some provisions needed to be clarified and strengthened. He acknowledged that some of the definitions have been clarified and expanded. He expressed concern about regulating trees on private property and noted that unintended consequences may result with the adoption of the ordinance as 'proposed. He stated he could not support the definition of "regulated trees" which includes regulation of oak trees in single-family residential areas; therefore, he could not support the ordinance as proposed. Mayor'Ferrara referred to the size of regulated trees and inquired whether a site inspection was part of the tree removal process. Staff confirmed that a site inspection would be included and an appeals process in place.' Mayor Ferrara supported the proposed ordinance as written and suggested that the ordinance be put into effect and then the Council review it in one year to see how it has been implemented; have there been unanticipated issues; what has been the public's experience; and has the City had many appeals. He emphasized the creation of an internal policy for notifying the Tree Guild of Arroyo Grande so they have a voice in the process. Council Member Arnold suggested directing staff to notify all landscapers and tree trimming companies of the new ordinance. Council Member Arnold moved to introduce an Ordinance as follows: "An Ordinance of the City Council of the City of Arroyo Grande Amending Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Regarding the Community Tree Program", and direct staff to notify all landscape and tree trimming companies that have business licenses in the City, as well as those in the telephone book, of the new ordinance. Further, it was moved to bring the ordinance back in one year for a status report. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Guthrie, Ferrara Dickens Costello 9.b. Consideration of a Resolution Ordering Formation of the Parkside Village Assessment District, Confirming Assessments, District Diagram and the Levying Assessments. City Attorney Carmel presented the staff, report and recommended the Council adopt a Resolution approving the formation of the Parkside Village Assessment District, confirming assessments, assessment district diagram and the levying of assessments upon benefiting property. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. No public comments were received and Mayor Ferrara closed the public hearing. Council Member Dickens moved to adopt a Resolution as follows: "A Resolution of the City Council of the City of Arroyo Grande Ordering the Formation of the Parkside Village Assessment District, Confirming Assessments, Assessment District Diagram and Approving the Levying of Assessments". Council Member Arnold seconded, and the motion passed on the following roll-call vote: CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 5 AYES: NOES: ABSENT: Dickens, Arnold, Guthrie, Ferrara None Costello 9.c. Consideration of an Interim Urgency Ordinance Extending the Suspension of Acceptance and Processing of New Applications for Development of any Portion of Property Immediately Adjacent To Arroyo Grande Creek, Tally Ho Creek, Meadow Creek Or Creek Tributaries Within The City Of Arroyo Grande. Associate Planner McClish presented the staff report and recommended the Council adopt an Interim Urgency Ordinance to extend the suspension of acceptance and processing new applications for development of any portion of property immediately adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek or creek tributaries within the City of Arroyo Grande. Mayor Ferrara informed the Council that the Zone l/lA Taskforce and Advisory Committee gave a status report to the County Board of Supervisors today, which included measures on how the City of Arroyo Grande and the County will address and manage the upper watershed. He noted that he gave copies of this staff report to members of the Board. Council questions and discussion ensued with regard to how long the ordinance would be extended; the timeline for the proposed work plan; and how future development projects are affected by the interim urgency ordinance. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. Steve Ross, Arroyo Grande, expressed confusion and stated he thought the City was prohibiting development of any properties that bordered the creeks or their tributaries within the City limits. Director Strong clarified that the urgency ordinance exempts projects in progress which were filed and in process prior to the adoption of the urgency ordinance, including, but not limited to Tract 01-001 (Tract 1998), the Cherry Creek development project, the Fair Oaks development near Arroyo Grande Hospital, and a project on Whiteley Street. He stated that the ordinance exempts projects that would not alter the proximity to the creek; so a project that has no disturbance or development within 25 feet of the riparian vegetarian or top of bank that extends into creek areas could be considered. He clarified that this ordinance pertains to applications for new developments. Hearing no further public comments, Mayor Ferrara closed the public comment period. Mayor Ferrara referred to the proposed work plan and suggested integrating that City staff will actively coordinate and continue to work with the County of San Luis Obispo as it relates to the creek systems, including the critical issue of limiting downstream sedimentation. Following Council comments in support of the interim urgency ordinance in order to provide consistency throughout the City's General Plan land use and conservation policies, Council Member Guthrie moved to adopt an interim urgency ordinance as follows: "An Interim Urgency Ordinance of the City Council of the City of Arroyo Grande To Extend the Suspension of Acceptance and Processing of Applications for Development of any Portion of Property Immediately Adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek or Creek CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 6 Tributaries Within the City of Arroyo Grande". Council Member Arnold seconded, and the motion passed on the following rollccall vote: AYES: NOES: ABSENT: Guthrie, Arnold, Dickens, Ferrara None Costello 9.d. Consideration of Proposed Ordinance Amending Title 13 (Public Works) of the Arroyo Grande Municipal Code Relating to Water and Sewer Service Provisions. Director of Public Works Spagnolo presented the staff report and recommended the Council introduce an Ordinance amending Title 13 (Public Works) of the City of Arroyo Grande Municipal Code repealing, amending, and adding provisions relating to water and sewer service to provide internal consistency with current City policy, procedures, and practices. Mayor 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 Member Dickens moved to introduce an Ordinance as follows: "An Ordinance of the City Council of the City of Arroyo Grande Amending Title 13 (Public Works) Relating to Water and Sewer Service Provisions". Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: . NOES: ABSENT: Dickens, Arnold, Guthrie, Ferrara None Costello 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Mayor Ferrara reported that he and Council Members Guthrie and Arnold attended a Project 2050 meeting held at Grace Bible Church last Saturday. 15. STAFF COMMUNICATIONS City Manager Adams recognized City Clerk Wetmore for her efforts on putting the City Council Agenda reports on the City's web site for public access. 16. COMMUNITY COMMENTS AND SUGGESTIONS None. CITY COUNCIL MINUTES NOVEMBER 8, 2005 PAGE 71 17. ADJOURNMENT There being no further business to come before the City Council, Mayor Ferrara adjourned the moeliog" e,44 p~ ~~ d Tony Ferrer r ATT~ (Approved at CC Mtg I-to-oft:,)