Minutes 2000-06-13
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, JUNE 13,2000
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Pro Tern Ferrara called the Regular City Council meeting to order at 7:00
p,m,
2,ROLL CALL
City Council:
X Council Member Runels
X Council Member Tolley
X Council Member Dickens
X Mayor Pro Tern Ferrara
Absent Mayor Lady
Staff Present:
JLjnterim City Manager/Chief of Police
X-City Attorney
X-Director of Administrative Services
~irector of Building and Fire
X-Director of Community Development
_Director of Economic Development
X-Director of Public Works
_Director of Parks and Recreation
X-Director of Financial Services
3. FLAG SALUTE
Girl Scout Troop 721 led the flag salute.
4, INVOCATION
Pastor George Lepper, Peace Lutheran Church, Arroyo Grande, delivered the
invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
None.
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 13, 2000
6.a. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY
Council Member Runels moved, Council Member Tolley 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. PUBLIC HEARINGS:
7.a. APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY
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 Jeff Goldenberg to operate a taxicab service called Beach
Cities Cab within the City, 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,
Council Member Tolley asked Police Chief TerBorch what kind of background
check is done 011 owners of taxicab operations.
Chief TerBorch responded that there was no significant background check for the
owner; however, taxicab drivers are subject to detailed background checks. He
explained in this case, the owner would be a driver so he would receive a
thorough background check conducted by the Police Department,
Council Member Runels asked if anyone responded to the public hearing notice.
Director Wetmore responded that there was no response received from the public
regarding the application,
Council Member Dickens asked for clarification that the City was not soliciting
this application because of a demand for taxi service, but that it was a request by
Mr. Goldenberg to operate a taxi service within the City.
Director Wetmore responded that was correct,
Mayor Pro Tern Ferrara opened the Public Hearing.
Jeff Goldenberg, applicant, spoke in favor of his proposal to operate a taxicab
service within the City. He stated he had a public hearing date scheduled in the
City of Pismo Beach and was waiting for a hearing date in the City of Grover
Beach. He said he has complied with the City's requirements, and has proof of
insurance.
Council Member Tolley asked Mr. Goldenberg if this was his first attempt at
starting a taxi service,
Mr. Goldenberg responded yes,
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CITY CPUNCILlREDEVELOPMENT AGENCY MINUTES
JUNE 13, 2000
Council Member Dickens asked the applicant if he had any other data that
determined the need for additional taxi services in the City of Arroyo Grande,
Mr. Goldenberg responded that there was a great need for additional service in
the Five Cities area, not just Arroyo Grande because it takes a long time for the
current taxicab service to respond to calls. He stated additional taxicabs would
cut down on drunk driving arrests,
Council Member Runels referred to the current senior taxi program and asked the
applicant if his fares would be consistent with the fares that are being charged.
Mr. Goldenberg responded he would be charging a flat rate of $2.00 for pickup
and $2.00 per mile,
Mayor Pro Tern Ferrara asked about proposed hours of operation.
Mr. Goldenberg stated that the ordinance requires the taxicabs to be on a 24-hour
cycle. He referred to the driver contract he submitted to the Council for review,
Council and staff discussion included the existing senior taxi program and
whether this proposed taxicab service could also participate in the program; and
that the existing taxi service was located in Paso Robles which dispatches cabs
throughout San Luis Obispo County,
Herman Olave, Senior Advisory Commissioner, stated that the Commission
receives many complaints about the existing taxi service regarding delays in
service; and finding discrepancies in billing every month, He spoke in favor of
approving another taxicab service in the area.
Hearing no further comments, Mayor Pro Tern closed the Public Hearing,
Council Member Runels asked how long the senior taxi program contract was
with Central Coast Taxi.
Mr. Olave responded that there was no beginning or ending date on the contract.
He said the Senior Advisory Commission recommended that this be addressed.
There was consensus of the Council that there was a demand for additional
taxicab service in the City,
Council Member: Tolley moved that the Council determine that public
convenience and necessity require an additional taxicab service within the City
limits of Arroyo Grande; adopt a Resolution granting a Certificate of Public
Convenience and Necessity subject to full compliance with all conditions and
requirements of Title 5, Chapter 10 of the Arroyo Grande Municipal Code; and
.direct staff to prepare a report on the status of the current senior taxicab program
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 13, 2000
direct staff to prepare a report on the status of the current senior taxici1lb program
with potential alternatives for review by the Council at a future meeting, Council
Member Dickens seconded the motion.
- Voice Vote
LRolI Call Vote
Absent Lady
Aye Ferrara
Aye Runels
Aye Tolley
Aye Dickens
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed,
7.b. AMENDED APPLICATION FOR CONDITIONAL USE PERMIT NO. 99-014 -
APPLICANT: L.C. LAVINE
Director of Community Development McCants highlighted the staff report, He
explained that the City Council had previously adopted a resolution denying the .
appeal of the Planning Commission's denial of the Conditional Use Permit, He
said the amended application includes .the addition of a detached carport to
address the parking requirements of the project located at 137 Tally Ho Road,
Interim City Manager TerBorch reported for the record that two letters had been
received and distributed to the Council from:
Rosemary Gabel, 143 Tally Ho, in opposition to the Conditional Use Permit.
Alicia Garcia, 139 Tally Ho, in opposition to the Conditional Use Permit.
Mayor Pro Tern Ferrara opened the Public Hearing,
Eric Wahl, 135 Tally Ho, stated he understood that the property was not zoned for
two residences on one lot and thought that was the basis for the denial. He said
the existing home that was there should have been demolished before the new
home was built. He spoke in opposition to the project,
Leona Wahl, 135 Tally Ho, stated the new house was a nice addition to the
neighborhood; however, it was her understanding that it was a single family
home that was being built and the rental unit would be a granny unit or workshop.
She spoke about the heavy traffic on Tally Ho and the difficult parking situation
on the Tally Ho cul-de-sac, She spoke in opposition to the project.
Kenneth Hill, 141 Tally Ha, stated he could not believe that adding a carport
would allow the project to be approved, He said the other situations still exist
and spoke in opposition to the project.
Hearing no further comments, Mayor Pro Tem Ferrara closed the Public~earing,
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 13, 2000
Council Member Tolley stated the application was within the standards of the
City's Development Code and policies of the General Plan for second dwelling
units. He commented that one unit would not create enough traffic to create a
public safety issue and spoke in support of approving the project.
Council Member Runels said his original concern was the three-car garage at the
main residence and not having a covered parking space for the second unit. He
stated the added carport addresses his concern and spoke in support of
approving the project.
Council Member Dickens referred to the site plan which shows four parking
spaces adjacent to the cul-de-sac and asked if this was part of the private
property and not a part of the driveway.
Director McCants responded that was correct.
Council Member Dickens asked for clarification on the comment about the
compliance of the second unit with the City's exiting Development Code; and
what the size of the parcel was,
Director McCants responded that the project meets all existing building and
Development Code requirements. He said the parcel was 21,000 square feet, and
second dwelling units can be built in residential districts on parcels over 12,000
square feet.
Council Member Dickens stated that the amended application provides the
covered parking space for the second unit, which meets the requirements of the
Development Code. He commented that because of the size of the lot, the
Development Code allows a second dwelling unit. He also clarified that the unit
could not be sold separately as the two structures are on one lot. He stated the
applicant has met the criteria for approval of the project,
Mayor Pro Tem Ferrara stated there had been discussion at the I~st meeting
about concerns with the language regarding . covered parking for second
residential units in the existing Development Code and inquired about the status
of the review.
City Attorney Carmel responded that a review of that section of the Development
Code is in process and should be coming forth to Council within 60 days. He
referred to the General Plan Housing Element goals and policies for second units.
Director McCants reported that the next update of the Housing Element of the
General Plan was scheduled in 2003.
Mayor Pro Tem Ferrara stated this was the best solution to meet current laws in
the City. . He said he did not approve of this project in this area; however, the
applicant had met the requirements of the Code, He said the applicant revised
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 13,2000
the parking plan, which brought the project in compliance with the existing
Development Code,
Council Member Runels moved to adopt a Resolution to approve Conditional Use
Permit No. 99-014, applied for by L.C. LaVine located at 137 Tally Ho Road.
Council Member Tolley seconded the motion.
- Voice Vote
LRolI Call Vote
Absent Lady
No Ferrara
Aye Runels
Aye Tolley
Aye Dickens
There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be
passed.
8. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
Alice Hoover, 547 Palos Secos, addressed the Council with a problem regarding
the preservation of a landmark Tree located on lot #50 in the Los Robles de
Rancho Grande development. She expressed concern about the potential
damage to the tree as a result of the proposed development on Lot #52. Mrs.
Hoover submitted a detailed letter for the record.
John Keen, 298 N, Elm Street, stated he noticed that the Operating Engineers
Union tore down its building and would be bringing a project before the Planning
Commission. He encouraged the City Council to consider buying the property to
make sure that the Police Station has room to grow.
9. CONSENT AGENDA
Following questions from Council/Board Member Tolley regarding Item 9.j.,
Council/Board Member Runels moved to approve Consent Agenda Items 9.a.
through 9.k. with the recommended courses of action. Council/Board Member
Dickens seconded the motion.
a. Cash Disbursement Ratification. Approved.
b, Statement of Investment Deposits. Approved.
c. Cash Flow Analysis/Approval of Interfund Advance from the Water Facility
Fund. Approved.
d, Mileage Reimbursement Rate for Employees and Volunteers. Approved.
e. Fiscal Year 2000-01 Appropriation limit. Adopted ResoluUon No. 3450.
f. Minutes of Special City Council Meeting of May 15, 2000; Special City
Council Meeting and Regular City Council/Redevelopment Agency Meeting
of May 23, 2000. Approved.
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CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
JUNE 13, 2000
g. 2000 General Municipal Election. Adopted Resolutions 3451, 3452, 3453,
and 3454.
h, Authorization to Solicit Construction Bids - The Scenic Creekside Walk
Through the Historic Village of Arroyo Grande, Phase II - Project No. PW-
2000-03. Approved.
i, Acceptance of Improvements for Le Point Street, Highway 227, and Paseo
Street; (Le Point Street Addition) - Newport Properties, Adopted Resolution
No. 3455.
j. Contract with County of San Luis Obispo for Animal Control Services.
Approved.
k, Resolution Authorizing the Chief of Police to Establish Policies and
Procedures for Implementation and Enforcement of Restricted Parking
Zones, Adopted Resolution No, 3456.
Voice Vote
LRolI Call Vote
City Council Redevelopment AQencv Board
Absent Lady Absent Lady
Aye Ferrara Aye Ferrara
Ave Runels Aye Runels "
Ave Tolley Aye Tolley
Ave Dickens Aye Dickens
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
None,
12. COUNCIUAGENCY COMMUNICATIONS
. Council Member Runels reported that he met with the Village Jmprovement
Association about the proposed truck routes relating to the Lopez Dam
Remediation Project.
. Mayor PreTem Ferrara reported that he attended the Torch Run ceremony and
that the City of Arroyo Grande presented a Proclamation to Dick Blankenberg,
13. STAFF COMMUNICATIONS
Interim City Manager TerBorch reported that the City Engineer has accepted the
Final Map for Tract 2207, and is authorized to approve or disapprove the map on
behalf of the City, Tract 2207 is owned by J,H, Land Partnership and is located
South of Pilgrim Way and West of State Highway 101. The map will subdivide the
property into 38 residential lots ranging in size from 18,603 to 53,505 square feet,
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CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES
JUNE 13,2000
one 23.8 acre open space lot, one 4,2 acre open space/drainage basin lot, and a
remainder parcel.
Council Member Runels commented that he felt the drainage for the project was
inadequately addressed,
Mayor Pro Tern Ferrara reported that he tried to work with Lucia Mar Unified
School District to improve project circulation; however, he was not successful.
He commented that the School District approved a temporary construction and
utility access.
Council Member Dickens asked if the primary access to the project would be from
Orchard Avenue.
Director Spagnolo responded yes, it would connect at the existing barrier,
Mayor Pro Tern Ferrara asked if staff had talked with Cal Trans about
incorporating the realignment of the Fair Oaks off.ramp into its operational
Project Study Report,
Director Spagnolo responded that he had an informal discussion with CalTrans
and would follow-up with a letter,
The City Engineer will approve the Final Map within ten days following the date of
this meeting, unless appealed,
14. ADJOURNMENT
Council Member Runels moved, Council Member Tolley seconded, and the
motion passed unanimously to adjourn the meeting to the Special City Council
Meeting of Saturday, June 17,2000 at 7:30 a.m, in the Council Chambers, 215 E.
Branch Street, Arroyo Grande.
Time:
, MAYOR PRO TEM
ATTEST:
lit ~tfPLZ-
ORE, ADMINISTRATIVE SERVICES DIRECTOR!
DEPUTY CITY CLERK
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