Minutes 2001-05-08
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 8, 2001
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Lady called the Regular City Council meeting to order at 7:06 p.m.
2. ROLL CALL
City Council: Council Members Runels, Lubin, Mayor Pro Tern Ferrara, and
Mayor Lady were present. Council Member Dickens was absent.
City Staff Present: City Manager Adams; City Attorney Carmel; Director of
Administrative Services Wetmore; Recreation Supervisor Perrin,
Director of Public Works Spagnolo; Director of Financial Services
Snodgrass; Director of Building and Fire Fibich; and Chief of Police
TerBorch.
3. FLAG SALUTE
Mark Miller, representing Boy Scout Troop 432, led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read in Title Only
Council Member Runels 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 reading be waived.
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Mike Liebo, 273 Canyon Way, spoke about the "Destination Imagination" program and
introduced a group of students from Ocean View School who had placed first place in
competition at the State level. He stated that Judkins and Ocean View Schools would
represent California in the National competition at Knoxville, Tennessee in May.
Following a brief presentation of "Destination Imagination", Mr. Liebo requested the
Council consider a donation to the group to assist with travel expenses.
Jonni Biaggini, Executive Director of the San Luis Obispo County Visitors & Conference
Bureau, spoke about the tourism industry and announced it was National Tourism
Week. She presented the Council with a framed poster to hang at City Hall.
CITY COUNCIL MINUTES
MAY 8, 2001
PAGE 2
Phil Kolbo, 550 Via Vaquero, spoke about his project located on Camino Mercado and
requested guidance and action regarding the current deveJopment impact fee structure
that was implemented in March 2000. He spoke about the impact of the new fee
structure on his small development which increases the fees for his project by 50%. He
stated his project was approved and in the pipeline before the new fees took effect and
requested that the Council look into the fairness of grandfathering the previous fee
structure for his project.
8. CONSENT AGENDA
Council Member Lubin moved and Council Member Runels seconded the motion to
approve Consent Agenda Items 8.a. through 8.L, with the recommended courses of
action:
8.a. Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period April 16, 2001
through April 30, 2001.
8.b. Statement of Investment Deposits.
Action: Received and filed the report of current investment deposits as of April
30, 2001.
8.c. Minutes of Special Joint City Councils/Board Meeting of March 26, 2001.
Action: Approved minutes as submitted.
8.d. Appointments to Parks and Recreation Commission.
Action: Approved 1) Mayor Lady's appointment of Bruce Lewis to the Parks and
Recreation Commission; and 2) Council Member Dickens' appointment of
Pamela lanneo to the Parks and Recreation Commission.
8.e. Landmark Tree Designation - 406 Golden West Place.
Action: Approved Parks and Recreation Commission's recommendation and
adopted Resolution No. 3516 designating Landmark Tree #01-63 located at 406
Golden West Place.
8.f. Scenic Creekside Walk Through the Historic Village of Arroyo Grande,
Phase II, Progress Payment No.4.
Action: Authorized progress payment in the amount of $41,986.39 to R. Simons
Company, Inc.
8.g. Resolution Opposing National Fire Protection Association (N.F.P.A.)
Standard 1710.
Action: Adopted Resolution No. 3517 opposing N.F.P.A. Standard 1710.
8.h. Proposed Stop Signs on West Cherry Avenue at Orchard Street.
Action: Approved Traffic Commission's recommendation to adopt Resolution No.
3518 approving stop signs on West Cherry Avenue at Orchard Street.
8.i. State Declared Disaster - March 2001 Winter Storms.
Action: 1) Adopted Resolution No. 3522 identifying individuals authorized to
execute Office of Emergency Services (OES) documents for the purpose of
obtaining financial assistance; and 2) Appropriate $50,000 of the City's Urban
State Highway Account (USHA) funds for the 25% local contribution to remove
and repJace the damaged sidewalk on Rodeo Drive.
CITY COUNCIL MINUTES
MAY 8, 2001
PAGE 3
AYES: Lubin, Runels, Dickens, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
9. PUBLIC HEARING:
9.a. Application for Certificate of Public Convenience and Necessity - Grover
Beach Taxi ("GBT")
Director of Administrative Services Wetmore highlighted the staff report. She explained
that an application for a Certificate of Public Convenience and Necessity was received
from Leland and Amy Simpson to operate a taxicab service called Grover Beach Taxi
within the City limits of Arroyo Grande. She stated the Council must conduct a public
hearing and determine if there is a public need or convenience that requires another
taxicab service in the City.
Mayor Lady opened the Public Hearing.
Dutch De Groot, Five Cities Taxi, spoke in opposition to approving an additional taxicab
company.
Jeff Goldenberg, Beach Cities Cab, spoke in opposition to approving an additional
taxicab company.
Hearing no further pubJic comments, Mayor Lady closed the Public Hearing.
Council Member Dickens inquired about the status of the two previous taxicab
companies that had received approval. Director Wetmore responded that the two
taxicab companies had met all the conditions of approval and had been issued and
were currently approved to operate in the City.
Council comments and discussion included allowing opportunity for competition in an
open and fair market; enforcing the City's economic development strategy; and the
difficulty in determining whether there was a necessity for an additional taxicab service.
Council Member Lubin moved to adopt a Resolution granting a Certificate of Public
Convenience and Necessity to Five Cities Taxi Service for the operation of a taxicab
service within the City limits contingent upon full and total compliance with all conditions
and requirements of Title 5, Chapter 10 "Taxicabs" of the Arroyo Grande Municipal
Code. Council Member Runels seconded the motion, and on the following roll-call vote,
to wit:
AYES: Lubin, Runels, Ferrara, Lady
NOES: Dickens
ABSENT: None
CITY COUNCIL MINUTES
MAY 8, 2001
PAGE 4
There being 4 AYES and 1 NO, the motion is hereby declared to be passed.
10. CONTINUED BUSINESS
10.a. Request for Speed ReductiQn on Huasna Road.
Director of PubJic Works Spagnolo. presented the staff report. Staff recommended the
Council adopt a Resolution amending the City's speed survey to reduce the speed limit
on Huasna Road from 45 miles per hour (mph) to 40 mph.
Council Member Lubin asked whether staff had met with the Court's Traffic
Commissioner and whether the City would be creating a speed trap. Chief TerBorch
responded that staff had not met with the Traffic Commission, however, had spoken
with the District Attorney and a Judge regarding the issue.
Council Member Runels commented that when Huasna Road was smoothed out and
repaved, cars would increase their speed. Due to the proximity of the park and
residential neighborhoods, he supported a 5-mph reduction in the speed limit
Mayor Lady opened up the item for public comments.
Victor Verze, 950 Huasna, spoke in support of the reduction in the speed limit to 40 mph
and expressed a desire to see it further reduced to 35 mph in the future.
Hearing no further public comments, Mayor Lady brought the item back to Council for
consideration.
Council and staff discussion ensued regarding the speed survey; pending legislation
regarding new criteria for traffic surveys; issues relating to the enforcement of the speed
limit; and the potential for reducing the speed limit further in the future based on new
data.
Council Member Dickens moved to adopt a Resolution amending the City's speed
survey to reduce the speed limit on Huasna Road from 45 miles per hour (mph) to 40
mph. Mayor Pro Tern Ferrara seconded the motion. Further discussion ensued
regarding the validity of the speed survey should a speed citation be rejected in court.
On the following roll-call vote, to wit:
AYES: Dickens, Ferrara, Runels, Lubin, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the mQtion is hereby declared to be passed.
CITY COUNCIL MINUTES
MAY 8, 2001
PAGE 5
10.b. Resolution Establishing a Standard Schedule for Development Impact
Fees.
City Manager Adams presented the staff report. He explained that in March, the City
Council approved a new fee structure to more accurately identify land use categories in
calculating the traffic facilities fees. He stated staff was requested to further modify the
development impact fee tables so they were all consistent with the format utilized for the
traffic facilities fees. He explained the tables had been modified but the fees had not
been increased. Staff recommended the Council adopt a Resolution establishing a
standard schedule for development impact fees.
Council Member Runels asked for clarification regarding the fee for the cemetery land
use category. City Manager Adams explained that the fee would be charged only if a
new cemetery was constructed in the City or the existing one was expanded.
Council Member Dickens asked if Mr. Kolbo's earlier public comments regarding
development impact fees could be addressed at this time. City Manager Adams stated
the Council could raise the issue and ask staff to provide direction regarding the matter;
however, the Council could not take any action with respect to Mr. Kolbo's request as it
was not listed on the Agenda.
Council Member Runels moved to adopt a Resolution establishing a standard schedule
for development impact fees.
Mayor Pro Tern Ferrara referred to projects in general that were approved and in the
pipeline prior to the adoption of the new fee schedule and asked for clarification on
whether or not there was interest in discussing the issue at a future date.
City Manager Adams clarified that there were approximately five or six projects that had
received approvaJ but had not been issued a building permit. He explained that fees are
calculated at the time the building permit is issued. He further explained the appeal
process that was available to the applicant.
Following further discussion, there was consensus to direct staff to place on a future
agenda consideration of a policy to appJy the prior development impact fees to projects
that received approval before the new fees went into effect in April 2000, but had not yet
received building permits.
Council Member Runels moved to adopt a Resolution establishing a standard schedule
for development impact fees. Council Member Lubin seconded the motion, and on the
following roll-call vote, to wit:
AYES: Dickens, Ferrara, Runels, Lubin, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
CITY COUNCIL MINUTES
MAY 8, 2001
PAGE 6
11. NEW BUSINESS
11.a. Modification to California Public Employees' Retirement System Contract.
Financial Services Director Snodgrass presented the staff report. She explained that as
a result of side-bar negotiations with the Arroyo Grande Police Officer Association, an
agreement had been reached to increase CalPERS retirement benefits from 2% at age
50 plan to the 3% at age 55 plan for police officer employees, effective January 1, 2002.
Mayor Lady opened up the item for public comment, and upon hearing none brought the
item back to the Council for consideration.
Council Member Dickens moved to introduce for first reading an Ordinance amending
the contract with the California Public Employees' Retirement System. Council Member
Lubin seconded the motion, and on the following roll-call vote, to wit:
AYES: Dickens, Lubin, Runels, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Council Member Dickens moved to approve and authorize the Mayor to sign on behalf
of the City a Resolution of Jntention to amend the contract with the California Public
Retirement System. Council Member Lubin seconded the motion, and on the following
roll-call vote, to wit:
AYES: Dickens, Lubin, Runels, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
Council Member Dickens moved to approve the Side Letter of Agreement amending the
existing Memorandum of Understanding (MOU) with the Arroyo Grande Police Officers
Association (AGPOA). Council Member Lubin seconded the motion, and on the
following roll-call vote, to wit:
AYES: Dickens, Lubin, Runels, Ferrara, Lady
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
CITY COUNCIL MINUTES
MAY 8, 2001
PAGE 7
12. CITY COUNCIL REPORTS
a. MAYOR MICHAEL LADY
(1) South San Luis Obispo County Sanitation District (SSLOCSD). 1) Held
election of officers and was reelected as Chair; 2) Reported on status of
grant from APCD regarding the proposal for the cogeneration project; 3)
Barbara Mann from OCSD was elected as Special District representative;
and 4) Conducted 2001-02 budget hearings.
(2) Other. 1) Arroyo Grande hosted the Mayor's Meeting on Friday, March
30th; and 2) Participated in meeting with Assembly Member Maldonado and
Supervisor Achadjian to receive information and discuss potential funding
mechanisms for the EI Campo interchange.
b. MAYOR PRO TEM TONY M. FERRARA
(1) Integrated Waste Management Authority Board (IWMA). No report.
Next meeting is May 9, 2001.
(2) Air Pollution Control District (APCD). No report. Next meeting is May
23, 2001.
(3) Long Range Planning Committee (LRPC). No report. Encouraged future
discussion on the future of this Committee.
(4) Other. 1) Will be attending the League's Channel Counties Division meeting
in Santa Barbara; and 2) Will be attending a meeting with Supervisor
Achadjian to discuss the condition of The Pike and potential funding
available for resurfacing the road.
c. COUNCIL MEMBER THOMAS A. RUNELS
(1) Zone 3 Advisory Board. The first phase of the Lopez Dam remediation
project will begin soon; all permits have been received.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other. 1) Attended the SSLOCSD meeting as the alternate; 2) Meeting was
held on formalization of. th,e gentlemen's agreement for the Santa Maria
Valley water rights case.
d. COUNCIL MEMBER JIM DICKENS
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORT A). Distributed "Regional Housing
Needs Determination" handout to Council Members and recommended that
City staff be involved in the issue and provide a briefing to the City Council
on the regional housing needs assessment process that is being mandated
by the State.
(2) Community Recreation Center Subcommittee. Website being created;
members of the subcommittee will be at the Strawberry Festival to hand out
informational flyers; Cal. Poly class not able to take on the next stage of the
project; however, they may be able to commit to a summer project.
(3) Economic Opportunity Commission (EOC). Reported on Homeless
Awareness Week; will be attending the HomeJess Walk from the Shelter to
the Prado Day Center.
CITY COUNCIL MINUTES
MAY 8, 2001
PAGE 8
(4) South County Youth Coalition. 24-hour Relay to be held at Arroyo Grande
High School on May 19th and 20th.
(5) Other. Will be attending the EVC Annual Breakfast on May 18th to accept
recognition for the award the City received at the CALED Conference..
e. COUNCIL MEMBER SANDY LUBIN
(1 ) South County Area Transit (SCAT). 1) Board approved an increase of the
pickup charge from $2 ~0;$3 for the senior taxi program; the Board also
approved raising the price of a 10-ride card to $40; 2) Approved relocation
of bus transfer station from Ramona Avenue in Grover Beach to the Train
Station; and 3) Reported that a Lopez Lake Shuttle Program would be
available this summer for youth.
(2) Economic Vitality Corporation. Met April 25th. EVC received Statewide
recognition; CEO Dave Spaur to meet with the City Managers to ensure that
scope of work expectations are being accomplished; and EVC staff would
be recommending a continuation of the City's $5,000 commitment in next
year's budget.
(3) Other. None.
13. CITY COUNCIL MEMBER ITEMS
a. Consideration of additional potential transient occupancy revenue options. (Ferrara)
Mayor Pro Tem Ferrara spoke about a tourism assessment charge that the City of
Sacramento adopted by Ordinance establishing the Sacramento Tourism Business
Improvement District. He stated this was not considered transient occupancy tax. He
said this was an idea for generating additional revenue to be used for marketing
purposes and asked if the Council was interested in pursuing the issue. Following
discussion, staff was requested to research and report back on what would be required
to institute a tourism assessment on hotel/motel bills as has been done in Sacramento.
14. CITY MANAGER ITEMS
None.
15. COUNCIL COMMUNICATIONS
Mayor Lady inquired whether the draft General Plan documents would be placed on the
City's website. Staff responded the materials would be available on the website.
Council Member Runels requested clarification on the status of a number of parcels in
the area between East Cherry and Myrtle Street that had requested rezoning and
whether they should be further addressed in the General Plan Update process. City
Manager Adams replied he would look into the matter and provide a status report to
Council.
Mayor Pro Tern Ferrara reported he had been approached at the Soto Sports Complex
during the Five Cities Girls Softball Tournament regarding the lack of recycling bins. He
requested staff determine if recycling bins were provided at the City's ball fields and
parks and to provide containers at the sites if it was not currently being done.
CITY COUNCIL MINUTES
MAY 8, 2001
PAGE 9
In response to an inquiry from Council Member Lubin, staff was asked to identify what
recycling requirements are currently in place for apartment buildings ~nd whether any
improvements should be made to the program regarding this issue.
Mayor Pro Tem Ferrara announced that there would be a statewide energy
conservation exercise at 10:30 a.m. on May 24 to prepare for Stage 3 alerts. He
recommended that the City participate. .
16. STAFF COMMUNICATIONS
City Manager Adams asked for clarification on the request for funding from "Destination
Imagination" and asked whether there was a consensus of the Council to add this to a
future agenda. There was consensus of the Council to consider the request at a later
date.
17. ADJOURNMENT
Mayor Lady adjourned the meeting at 9:20 p.m..
C q~
Michael A. Lady, Mayor
ATTEST:
more Director of Administrative Servicesl
Deputy City Clerk