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Minutes 2006-02-14 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, FEBRUARY 14, 2006 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Ferrara called the Regular City Council meeting to order at 7:04 p.m. 2. ROLL CALL City Council: Council Members Jim Dickens, Joe Costello, Ed Arnold, Mayor Pro Tem Jim Guthrie and Mayor Tony Ferrara were present. City Staff Present: City Manager Steve Adams, City Attorney Tim Carmel, Director of Administrative Services/City Clerk Kelly Wetmore, Director of Public Works/City Engineer Don Spagnolo, Director of Financial Services Angela Kraetsch, Director of Parks, Recreation and Facilities Dan Hernandez, and Community Development Director Rob Strong. 3. FLAG SALUTE Charles Howell and Aimee Clayton, representing Veterans of Foreign Wars 2829, led the Flag Salute. 4. INVOCATION Pastor George Lepper, Peace Lutheran Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Honorary Proclamation Recognizing February 28, 2006 as "Spay Day USA". Mayor Ferrara presented an Honorary Proclamation recognizing February 28, 2006 as "Spay Day USA". Darell Sisk, representing Feline Network, accepted the Proclamation. 6. AGENDA REVIEW 6.a. Ordinances Read in Title Only. Council Member Dickens moved, Council Member Costello seconded, and the motion passed unanimously that all 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 Costello moved, and Council Member Dickens seconded the motion to approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of action. The motion carried on the following roll-call vote: AYES: NOES: ABSENT: Costello, Dickens, Arnold, Guthrie, Ferrara None None CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 14, 2006 PAGE 2 Ii 8.L ': " II I 8.a. Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period January 16, 2006 through January 31, 2006. 8.b. Consideration of Annual Adjustment of Impact Fees. Action: Adopted Resolution No. 3903 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADJUSTING DEVELOPMENT IMPACT FEES BY THE CHANGE IN THE ENGINEERING NEWS RECORD CONSTRUCTION COST INDEX". 8.c. Consideration of Approval of Minutes. Action: Approved the minutes of the Special City Council and Regular City Council/Redevelopment Agency meetings of December 13, 2005, and the Regular City Council/Redevelopment Agency meeting of January 10, 2006 as submitted. 8.d. Consideration of Rejection of Claim Against City - Brighton Ridge Homeowners Association. Action: Rejected claim. 8.e. Consideration of Rejection of Claim Against City - D. Powers. Action: Rejected claim. 8.f. Consideration of a Resolution Approving a Side Letter of Agreement to the Arroyo Grande Police Officers' Association Memorandum of Understanding. Action: Adopted Resolution No. 3904 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A SIDE LETTER OF AGREEMENT TO THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING". 8.g. Consideration to Install Continuous Traffic Count Equipment for City Traffic Signals. Action: 1) Directed staff to add continuous traffic count equipment into the scope of work for the Camino Mercado/West Branch Street Traffic Signal Project and negotiate a change order accordingly with the contractor; 2) Directed staff to purchase a laptop computer and specialty software to download vehicle count data; and 3) Appropriated $2,800.00 from the Traffic Signalization Fund. 8.h. Consideration of Approval of Employment Agreement: City Manager. Action: Approved the revised Employment Agreement between the City of Arroyo Grande and Steven Adams and authorized an appropriation of $5,126 from the General Fund. Consideration of Acceptance of Rotary Bandstand. Action: Directed staff to file a Notice of Completion and authorized the Mayor to accept the Rotary Bandstand constructed by the Rotary Club of Arroyo Grande at the Village Green. 9. PUBLIC HEARING 9.a. Consideration of Proposed Traffic Way Tree Master Plan. Director of Parks, Recreation and Facilities Hernandez presented the staff report and recommended the Council adopt the recommendation of the Parks and Recreation Commission to approve Phase 1 of the Traffic Way Tree Master Plan and continue Phases 2 and 3 pending further discussions and revisions between the Tree Guild and Traffic Way business owners. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 14, 2006 PAGE 3 Scott Dowlan, representing Tree Guild of Arroyo Grande, gave a PowerPoint presentation (on file in the Administrative Services Department) which highlighted the City's General Plan policies and objectives specifically relating to the use of consistent street trees in the Village Core area along Station Way and Traffic Way; presented the Street Tree Master Plan for Traffic Way; explained the proposals for implementing the Master Plan in three phases; presented the Brisbane Box and London Plane as the designated street tree species; and reviewed planting products, installation, and maintenance methods that would be used to minimize the potential for future infrastructure repairs. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. Lynn Titus, Arroyo Grande, spoke in support of the proposed Traffic Way Tree Master Plan. Chuck Fellows, Arroyo Grande, referred to the many street trees in San Luis Obispo; spoke of the benefit of trees to businesses; and noted that once Phase 1 trees are in, the project could be eligible for grant funds. He supported the proposed Traffic Way Tree Master Plan. Nicki Cassidy, Arroyo Grande, spoke in support of the proposed Traffic Way Tree Master Plan. Garv SCherauest, co-chair of the Tree Guild of Arroyo Grande, spoke in support of the Traffic Way Tree MasterPlan. Lisa Woodward, Arroyo Grande, spoke in support of the Traffic Way Tree Master Plan and noted that the proposal is consistent with the City's General Plan. Ben Rodstein, Arroyo Grande, spoke in support of the proposed Traffic Way Tree Master Plan. Marie Cattoir, Arroyo Grande, spoke in opposition to the proposed Traffic Way Tree Master Plan and noted the negative impacts of the Plan to the business community. Jean Bowser, owner of property on Traffic Way, spoke in support of the proposed Traffic Way Tree Master Plan. No further public comments were received and Mayor Ferrara closed the public hearing. Council comments and discussion ensued regarding concern about letters received from business owners opposing the Master Plan; finding ways to balance ambience with signage, visibility, and parking requirements of businesses; the benefits of approving Phase 1 and continuing Phases 2 & 3; acknowledgement that the Master Plan is consistent with the goals of the City's General Plan; the benefits of additional trees along Traffic Way; avoiding potential sight, visibility, and safety issues; acknowledgement that it is extremely important to include business owners as part of this process; a suggestion to involve property owners to get input for the remaining phases of the Master Plan; a recommendation that the full Master Plan be approved in a timely manner; a suggestion to tie in other improvements (i.e., sidewalks) with the Master Plan; a suggestion that the Tree Guild communicate with the business owners to tie in other improvements and to address ingress/egress issues once trees are planted; acknowledgement of the Tree Guild's research on recommended tree types in order to avoid future maintenance issues; and not waiting to address other concerns including underground utilities. Council Member Dickens moved to adopt the recommendation of the Parks and Recreation Commission to approve Phase 1 of the Traffic Way Tree Master Plan and continue Phases 2 and 3 pending further discussions and revisions with the Tree Guild and Traffic Way business owners, and to further direct staff to return in 4 to 6 months with a recommendation for Phases 2 and 3. Council Member Costello seconded, and the motion carried on the following roll-call vote: CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 14, 2006 PAGE 4 AYES: NOES: ABSENT: Dickens, Costello, Arnold, Guthrie, Ferrara None None Mayor Ferrara requested, and the City Council concurred, to move up Agenda Item 11.a. for consideration. prior to item 10.a. 11. NEW BUSINESS 11.a. Consideration of Modification to California Public Employees' Retirement System (CALPERS) Contract. Director of Financial Services Kraetsch presented the staff report and recommended the Council: 1) Introduce an Ordinance amending the contract with the California Public Employees' Retirement System to implement the 3% at 55 PERS retirement plan for members of the Arroyo Grande Career Firefighters; and 2) Approve and authorize the Mayor to sign on behalf of the City the Resolution of Intention to amend the contract with the California Public Employees' Retirement System. Mayor Ferrara invited those in the audience who wished to be heard on the matter, and upon hearing none, he closed the public comment period. Council Member Costello moved to introduce an Ordinance as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY COUNCIL AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM". Council Member Arnold seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Costello, Arnold, Guthrie, Dickens, Ferrara None None Mayor Pro Tem Guthrie moved to approve and authorize the Mayor to sign on behalf of the City the Resolution of Intention as follows: "RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE". Council Member Costello seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Guthrie, Costello, Dickens, Arnold, Ferrara None None CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 14, 2006 PAGE 5 10. CONTINUED BUSINESS 1 O.a~ Consideration of a Presentation of the Various Elements of the Brisco Road- Halcyon Road/Route 101 Interchange Project and Funding Process. Director of Public Works Spagnolo presented the staff report and recommended the Council receive a presentation of the various elements of the Project Approval and Environmental Determination for the Brisco Road-Halcyon Road 101 Interchange project. Mark Rayback, Wood Rodgers, Inc., presented an overview of the Brisco Road - Halcyon Road/Route 101 Interchange Improvement Alternatives and the current status of the project. James Worthley, SLOCOG representative, gave an overview of the grant funding process and the current funding status of the proposed Interchange project. Director Spagnolo then presented the City's strategy to address the financial issues involved with the project and efforts to pursue alternate funding sources to reduce the project time line schedule. Mayor Ferrara invited those in the audience who wished to be heard on the matter. Steve Ross, Arroyo Grande resident and Traffic Commissioner, stated it would be a disservice to the community by closing any of the on and off-ramps at Brisco Road, and suggested realigning the way traffic is directed, especially to the shopping center. He commented on the alternatives that were presented and noted that the problem with traffic movement under Brisco Road is related to how Caltrans synchronizes the traffic signals. He also suggested various concepts for the. project that would eliminate stacking of vehicles, as well as a continuous lane to provide direct access on 101 from Brisco to the Camino MercadolW. Branch intersection. He favored widening Brisco in the underpass to eliminate the need for an overpass. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council comments and discussion ensued including acknowledgement of the financial challenges facing the City for funding this Interchange project; thanking staff for the comprehensive status report of the Interchange project; and comments regarding the alternatives' presented and the need to continue moving forward with determining specific features of each alternative so that the City is ready to build when funding becomes available. There was further discussion about proposing a Caltrans design exception for the alignment of W. Branch Street at Grand Avenue; discussion about the potential temporary closing of the on and off ramps at Brisco Road to observe traffic behavior prior to making permanent modifications at this location; as well as the importance of public education regarding the project as it proceeds. There was no formal action on this item. Mayor Ferrara called a break at 9:30 p.m. The Council reconvened at 9:40 a.m. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 14, 2006 PAGE 6 11.b. Consideration of Relocation of Viacom Outdoor Billboard, 145 West Branch Street. Community Development Director Strong presented the staff report and recommended the Council adopt a Resolution approving the Billboard relocation, but requiring removal on or before August 11, 2011. Mayor Ferrara invited those in the audience who wished to be heard on the matter. Greq Nester, property owner, spoke in support and noted that the proposal to relocate the billboard is the best solution that meets both parties needs and represents a compromise between both parties. Mark Duran, representing Viacom, spoke in support and agreed that the proposal was the best solution for all three parties: the City, the property owner, and Viacom. Upon hearing no further public comments, Mayor Ferrara closed the public comment period. Council comments included opposition to the proposal to relocate the billboard; an observation that the proposed new location for the billboard is also an important entrance to the Village of Arroyo Grande; reference to Municipal Code Section 16.48.110.B.3. relating to modification or expansion of nonconforming uses; acknowledgement that the ultimate goal is to remove the billboard from the site entirely; acknowledgement that the City has no control over the content of the billboard; an unwillingness to delay implementation of the Traffic Way Tree Master Plan for the purpose of relocating the billboard; that the proposal should have been presented in conjunction with a project for the subject property; and general consensus that the relocation of th'e billboard is more intrusive than where it is currently located. Council Member Arnold moved to deny the request for on-site relocation of the legally nonconforming use and structure, double-faced, off-premise sign (billboard) from the frontage of 145 West Branch Street to a rear lot location adjoining Arroyo Grande Creek and requiring removal on or before August 11, 2011. Mayor Pro Tem Guthrie seconded, and the motion passed on the following roll-call vote: AYES: NOES: ABSENT: Arnold, Guthrie, Dickens, Costello, Ferrara None None 12. CITY COUNCIL MEMBER ITEMS None. 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS None. 15. STAFF COMMUNICATIONS None. CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES FEBRUARY 14, 2006 PAGE 7 16. COMMUNITY COMMENTS AND SUGGESTIONS None. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 10:15 p.m. TO"Yi.,,,W--~ vLL- (Approved at CC Mtg 3.J1-~)