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Minutes 2005-10-25 MINUTES REGULAR MEETING. OF THE CITY COUNCIL TUESDAY, OCTOBER 25, 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 7:06 p.m. He announced that the City Council had just adjourned from a Special (Closed Session) Meeting and would continue the Special Meeting upon the conclusion of this Regular Meeting. 2. ROLL CALL City Council/RDA: Council Members Dickens, Guthrie. Arnold, Mayor Pro Tem Costello and Mayor Ferrara were present City Staff Present: City Manager Adams, City Attorney Carmel, Director of Adrninistrative Services/City Clerk Wetrnore, Director of Building and Fire Fibich. Director of Parks. Recreation & Facilities Hernandez, Director of Public Works Spagnolo and Director of Cornrnunity Development Strong. 3. FLAG SALUTE Tobie and Christopher Ch~rles, representing Boy Scout Troop 489, led the Flag Salute. 4. INVOCATION Pastor Robert Banker delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Presentation by Victoria Carranza, Arroyo Grande High School Student Representative to the Annual League of California Cities Conference October 5-8, 2005. Mayor Ferrara presented a Mayor's Commendation Certificate to Victoria Carranza for representing the City of Arroyo Grande at the Annual League of California Cities Conference. Victoria accepted the Comrnendation and gave a brief overview of her experience at the . Conference. 5.b. Proclamation - "Character Counts" Week 2005. Mayor Ferrara presented an Honorary Proclamation proclaiming the week of October 16-22, 2005 as "Character Counts" Week. Tobie Charles accepted the Proclamation and spoke about the need to prornote character development and ethical behavior in the youth of our community. Mr. Olivierras, Principal at Margaret Harloe Elementary School, thanked the Council for the recognition of Character Counts Week and acknowledged how the program is integrated into the school's daily activities. 5.c. Proclamation - ConocoPhillips Santa Maria Refinery Celebrating Its 50th Year of Operation. Mayor Ferrara presented an Honorary ProClamation cornmending ConocoPhillips Santa Maria Refinery on its 50th year of operation. Jim Anderson, representing ConocoPhillips accepted the Proclamation. CITY COUNCIL MINUTES OCTOBER 25, 2005 PAGE 2 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member Dickens moved, Mayor Pro Tem 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 None. 8. CONSENT AGENDA Council Member Dickens requested that Item 8.g. be pulled. Mayor Pro Tem Costello moved. and Council Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.0., with the exception of Item 8.g. The motion passed on the following roll-call vote: AYES: NOES: ABSENT: Costello, Guthrie, Dickens, Arnold, Ferrara None None 8.a. Cash Disbursement Ratification. Action: Ratified the listings of cash disbursem!,nts for the period October 1 - October 15, 2005. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of September 30, 2005. 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special and Regular City Council Meetings of September 13, 2005 as submitted. 8.d. Consideration of Authorization to Purchase Two (2) Replacement Police Department Patrol Vehicles. Action: Authorized staff to purchase two (2) replacement Police Department patrol vehicles from Mullahey Ford for $45.400. 8.e. . Consideration of Approval of a One-Year Time Extension (Time Extension Case No. 05-003) for Amended Conditional Use Permit Case 03-004; 1220 Farroll Avenue; Applied for by Coastal Christian School. Action: Adopted Resolution No. 3881 approving a one-year time extension for Amended Conditional Use Permit Case No. 03-004. 8.f. Consideration of Approval of Agreement for Contractor Services Regarding Tow Services. Action: Approved Agreement for Contractor Services with Johnboy's Towing. Inc.. for two (2) years, beginning October 27, 2005 through October 26, 2007. 8.h. Consideration of Resolution Adopting Public Works Fees and Service Charges. Action: Adopted Resolution No. 3882 approving the FY 2005-06 Public Works Field Division Fees and Service Charges. 8.1. Consideration to Reject Bid for the Well No. 10 Phase I Project, PW 2004-07. Action: Rejected the bid from Maggiora Brothers Drilling Inc. for the Well NO.1 0 Phase 1 Project, PW 2004-07 and directed staff to readvertise the project to solicit bids. CITY COUNCIL MINUTES OCTOBER 25, 2005 PAGE 3 8.j. Consideration of Acceptance of the Wilton Place Paving Project, PW 2005-06. Action: 1) Accepted the project improvements, as constructed by Papich Construction in accordance with the plans and specifications for the Wilton Place Paving Project; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of retention of $18,017.22,35 days after the Notice of Completion has been recorded, if no liens have been filed. 8.k. Consideration of Resolutions Establishing the City's Contribution Toward Health Care Coverage. Action: Adopt Resolution Nos. 3883. 3884. and 3885 establishing the City's contribution towards health care coverage for members of the Arroyo Grande Police Officers' Association (POA), Arroyo Grande Career Firefighters, International Association of Fire Fighters Local 4403, and Service Employees International Union, Local 620. 8.1. Consideration of Acceptance of the Multi-Jurisdictional Local Hazard Mitigation Planning Grant and Allocation of Funding. Action: Accepted the Multi-Jurisdictional Local Hazard Mitigation Planning (LHMP) Grant in the amount of $51,281.25 and approve the allocation of the City's $17,093.75 (25%) portion. 8.m. Consideration of Salary Adjustments for Management Employees. Action: Adopted Resolution No. 3886 approving' salary adjustments for management employees for FY 2005-06. 8.n. Consideration of a Resolution Establishing a Salary Range for a Part-Time Associate Planner Position. Action: Adopted Resolution No. 3887 establishing a salary range for a part-time Associate Planner position. 8.0. Consideration of Change in Insurance Provider (Life, Accidental Dismemberment, and Disability). Action: 1) Approved a change in the City's insurance provider for life insurance, accidental dismemberment, short-term disability, long-term disability. and voluntary life insurance; and 2) Authorized the City Manager to execute all necessary documents to implement the change. 8.g. Consideration to Approve a Revised Water Wheeling Agreement with the Oceano Community Services District (OCSD) for the Christie Family Subdivision. Recommended Action: Approve a revised Water Wheeling Agreement with OCSD for the Christie Family Subdivision and authorize the Mayor to execute the Agreement. Council Member Dickens stated he did not previously support the proposed Agreement and did not agree with the water wheeling policy. He stated that even though water is being wheeled through the City's pipeline, City staff time is involved reading meters. calculating and billing fees. and the reality is that the City is a service provider for an area outside of the City limits " Council Member Arnold moved to approve a revised Water Wheeling Agreement with OCSD for the Christie Family Subdivision and authorize the Mayor to execute the Agreement. Mayor Pro Tem Costello seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold. Costello. Guthrie, Ferrara Dickens None CITY COUNCIL MINUTES OCTOBER 25, 2005 PAGE 4 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 Relating to the Community Tree Program. Director of Parks. Recreation and Facilities Hernandez presented the staff report and stated the Parks and Recreation Commission recommends the City Council introduce an.Ordinance amending Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Relating to 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,.spoke in opposition to the proposed Ordinance stating that the Ordinance takes away personal property rights for removing a tree on private property. Stacy Wohlqemuth, Arroyo Grande, spoke in opposition to the proposed Ordinance as it relates to maintenance of trees on private property. She spoke about street tree damage and safety issues located around the Grand Avenue Professional Building. She then read a letter into the record from Jean Quezada (on file in the Administrative Services Department) regarding the tree issue around the Grand Avenue Rrofessional Building. Sally Weitkamp, Arroyo Grande, referred to the tremendous amount of trees in the James Way area and expressed concerns with provisions in the proposed Ordinance as it relates to removal of trees on private property. Bill Weitkamp, Arroyo Grande, expressed concerns about provisions that are confusing within the Ordinance as it relates to Oak trees; why a "tree" has more restrictions than a "regulated tree"; fire hazard issues; and zoning designations that need to be clarified in Section 12.16.070. He also encouraged the City to conduct educational workshops concerning tree issues. No further public comments were received and Mayor Ferrara closed the public hearing. Council Member Arnold stated he supported the new definitions provided in the proposed Ordinance; suggested that the language in the Ordinance identifying the specific type of Oak tree be used consistently throughout the Ordinance as Coastal Live Oak; clarified that regulated trees in single family residential areas only apply to Coastal Live Oak trees; stated that there are procedures in place currently for tree removal permits, as well as an appeal process. He supported the proposed Ordinance, as amended to change all references from "Oak" trees to "Coastal Live Oak" trees. Council Member Dickens referred to the proposed Ordinance and noted that there may be some misunderstanding with regard to what the City Council is actually considering. He referred to trees in commercial, multi-family, and mixed use zones, which are currently regulated, and noted the proposed Ordinance does not make any changes to those provisions. He noted that the Ordinance expands regulations to include trees in the public right-of way adjacent to streets. and Oak trees in single-family residential zones. He expressed concern about regulating trees on private property in single-family residential zones. He noted that the City has a responsibility to maintain trees in commercial, multi-family, and mixed-use zones as well as streetscape trees. He. stated he could not support the proposed Ordinance with the inclusion of the removal permit for the single-family residential zone. He suggested language revisions in Section 4 to delete the CITY COUNCIL MINUTES OCTOBER 25, 2005 PAGE 5 reference to multi-family in the heading; agreed that there should be consistency throughout the proposed Ordinance regarding the size and type of regulated trees; and supported the inclusion of permit exemptions for trees that present a fire safety hazard, as determined by the Fire Chief. He commented that updates to the tree Ordinance have been underway for quite some time and it was unfortunate that this proposed Ordinance was being misused to address the unrelated and unfortunate situation at Grand Avenue Professional Building. He supported the concept of creating good management practices as they relate to tree maintenance; however, he was uncomfortable including the regulation of trees on private property. He referred to the Landmark Tree program and noted that the City should promote this program. He concluded by stating he could support the proposed Ordinance if it was amended to strike out the areas dealing with regulations single-family residential zones. Council Member Guthrie referred to the pruning regulations which would provide guidelines for correct pruning of trees. He referred to Oak trees outside of the public right of way and noted that when reviewing development projects, the City requires protection of Oak trees on private property, and stated he would be inclined to support protection of Oak trees in ail areas. He suggested that perhaps the regulated tree size should be increased. He acknowledged the fire hazard issue and noted that there was a process in place for appealing decisions for removal of trees. He agreed that since a definition of "regulated tree" had been added, the language in the proposed Ordinance should be consistent when referring to regulated trees. He supported the proposed Ordinance if amended to clarify some of the language as discussed. Mayor Pro Tem Costeilo supported the proposed amendments to the Ordinance. He supported the added language with regard to.fire safety; agreed that the Ordinance language should be cleaned up to be consistent when referring to Coastal Live Oak trees; stated he was uncomfortable regulating trees on private property in single-family residential zones and suggested removing that provision; and suggested increasing education efforts regarding the Landmark Tree program. He supported the proposed Ordinance if amended to incorporate changes as suggested. . Mayor Ferrara supported the language clarifications as proposed this evening. He referred to the magazine "Living With Fire" distributed by Mr. Weitkamp and stated there were many examples for fire prevention measures. He noted the proposed Ordinance is intended to ensure trees are maintained and pruned correctly. He did not' think the proposed Ordinance prohibits tree removal if a fire safety issue is identified; and that it provides a process. He expressed concern about the ability to enforce the provisions in single-family residential zones. Discussion ensued with regard to removal of Oak trees in single-family residential zones. as well as tree size regulations. City Manager Adams gave a brief overview on code enforcement related issues and suggested that City staff work closely with tree trimming firms to educate them about the new tree regulations.. Foilowing further comments and discussion, Council Member Arnold moved to introduce an Ordinance amending Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Relating to the Community Tree Program, as amended to refer to ail Oak trees as Coastal Live Oak trees; to delete the definition of "tree"; changing the diameter of regulated trees in residential zones to 12" when measured 4'6" from the base; and to add language in Section 12.16.070.G. (Exceptions) that deals with immediate fire safety. Council Member Guthrie seconded the motion. CITY COUNCIL MINUTES OCTOBER 25, 2005 PAGE 6 Mayor Ferrara asked for clarification on whether the motion included use of the reference materials for drafting language related to fire safety. City Attorney Carmel noted that the language being proposed must be specifically included in the motion. He referred to Section 12.16.070.C.4. and suggested adding the words "fire safety" to this provision. There was more discussion regarding proposed language modifications and it was determined by the Council to continue the item and direct staff to incorporate the language modification for review at a future meeting. Council Member Arnold amended his motion to continue the item to the next regular meeting of November 8, 2005. Council Member Guthrie seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Guthrie, Dickens, Costello, Ferrara None None 10. CONTINUED BUSINESS None. 11. NEW BUSINESS None. 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority (SLOCOG/SLORTA). Discussion held at SLOCOG meeting relating to funding issues for the Brisco/Halcyon/101 interchange project and keeping this project on the front burner. SLORTA discussion held regarding transportation alternatives for the senior taxi program. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Invited Council members to tour the sanitation plant to see the completion of the chlorine contact chamber project. (3) Other. Attended Zone 1/1A Advisory Committee and Taskforce meetings. In process of preparing update on activities for winter flood control measures. b. MAYOR PRO TEM JOE COSTELLO: (1) Zone 3 Water Advisory Board. No report. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Air Pollution Control District (APCD). No report. (4) Fire Oversight Committee. Met last week; presentation of joint fire study results is scheduled for Wednesday, November 16, 2005. (5) Other. None. c. COUNCIL MEMBER JIM DICKENS: (1) South County Area Transit (SCAT). No report. (2) South County Youth Coalition. No report. (3) Other. None. CITY COUNCIL MINUTES OCTOBER 25, 2005 PAGE 7 d. COUNCIL MEMBER JIM GUTHRIE: (1) Economic Vitality Corporation (EVC). . EVC has a new President and Chief Executive Officer, Michael Manchak. (2) Other. None. e. COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). No report. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) County Water Resources Advisory Committee (WRAC). No report. (4) Other. None. 13. CITY COUNCIL MEMBER ITEMS: a) Request to provide direction to staff regarding an animal feeding ordinance. (FERRARA) Mayor Ferrara referred to a proposed wildlife feeding ordinance that is being considered by the County of San Luis Obispo and noted that he would obtain further background information from the County and. with the consensus of the Council. have staff bring the item forth for consideration at a future meeting. The Council concurred. b) Request to reconsider direction to staff to install temporary traffic improvements on Rancho Parkway. (GUTHRIE) ./ Council Member Guthrie noted that since Pad I in Phase 2 of the Five Cities Center was not yet developed and there were other vacancies in Phase 2, the temporary traffic measures proposed for Rancho Parkway may not achieve the results the City is looking for. He stated it would be difficult to determine what the traffic impacts would be since itwas not yet built out. Council discussion ensued regarding the matter. and Mayor Ferrara indicated that since he was absent at the meeting when traffic mitigation alternatives were discussed, he would like to see the issue come back. Council Member Dickens stated that not all of the proposed improvements could be installed on a temporary basis and a portion of the improvements-would not be effective on a temporary basis. He also noted that temporary barriers were not attractive, may cause confusion, will not serve the needs, or give the City accurate data. Following further discussion, the Council concurred to not proceed with the temporary traffic measures. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: In follow up to City Council reports. Council Member Arnold indicated his interest in touring the South San Luis Obispo County Sanitation District sewer treatment plant and requested staff to schedule tours of the plant for all the members of the City Council who are interested. Council Member Dickens requested that staff provide the Council with copies of the information presented by Mr. Bill Weitkamp during consideration of the Community Tree Program Ordinance. Mayor Ferrara announced that the workshop sponsored by the Regional Water Quality Board called "Moving Toward Sustainability: Advancing Low Impact Development, Smart Growth. and CITY COUNCIL MINUTES OCTOBER 25, 2005 PAGE 8 Integrated Regional Water Management on the Central Coast" would be held on Friday, November 18; 2005 at the Embassy Suites free of charge. He requested that staff provide copies of the announcement and registration form to the Council. 16. STAFF COMMUNICATIONS: City Manager Adams announced that the Visitors and Conference Bureau of San Luis Obispo County would be holding its bi-monthly sales forum luncheon on November 16, 2005 from noon to 2:00 p.m. City Manager Adams announced that the City Clerk would be implementing a new Agenda process in order to place the entire City Council Agenda packet on the City's website, beginning with the next meeting. 17. COMMUNITY COMMENTS AND SUGGESTIONS: Steve Ross, Arroyo Grande, referred to the Community Tree Program Ordinance and suggested tying the tree removal standards and restrictions to lot sizes. Nancv Castle, AGP Video, announced that they would be filming the upcoming Zone 1/1A Town Hall Meeting on October 26'h from 6:00-9:00 p.m. and the Higher Density Housing Workshop, co- sponsored by the Workforce Housing Coalition, on October 27'h from 4:00-6:00 p.m. in the Arroyo Grande Council Chambers. 18. ADJOURNMENT There being no further business before the City Council, Mayor Ferrara adjourned the Regular meeting at 9:00 p.rn. Mayor Ferrara then indicated he. would reconvene the adjourned Special (Closed Session) Meeting. TO;YW~ /' ATTEST: Kel~~ (Approved at CC Mtg /1.-/3.0;')