Minutes 2004-05-11
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 11, 2004
COUNCIL CHAMBERS, 215. EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:03 p.m.
2. ROLL CALL
City Council: Council Members Runels, Dickens, Costello, Mayor Pro Tem Lubin,
and Mayor Ferrara were. present.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative
Services Wetmore, Director of Financial Services Snodgrass, Director
of Public Works Spagnolo, Community Development Director Strong,
Assistant Planner Jim Bergman, Assistant Planner Foster, and
Associate Civil Engineer Thomas Korman.
3. FLAG SALUTE
Homer Clees, representing Knights of Columbus, led the Flag Salute.
4. INVOCATION
Pastor George Lepper, Peace Lutheran Church, Arroyo Grande, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Proclamation Recognizing Adam Wilke, Band Director and the Arroyo Grande
High School Marching Band and Color Guard.
Mayor Ferrara presented an Honorary Proclamation to Adam Wilke, Band Director, and the
Arroyo Grande High School Marching Band and Color Guard for their outstanding skill and
dedication, and for bringing immense pride and esteem to the community.
5.b. Proclamation Recognizing National Public Works Week, May 16-22, 2004.
Mayor F~rrara presented an Honorary Proclamation proclaiming the week of May 16 - May
22, 2004 as "NationaJ Public Works Week" in the City of Arroyo Grande. Director of Public
Works SpagnoJo accepted the Proclamation.
5.c. Proclamation Recognizing Police Memorial Week, May 9-15, 2004.
Mayor Ferrara presented an Honorary Proclamation proclaiming the week of May 9-15,2004
as "National Police Week" and May 10, 2004 and "Peace OffIcers Memorial Day" in the City
of Arroyo Grande. Police Commander Steve Andrews accepted the Proclamation.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read In Title Only
Council Members Dickens moved, Council Member Runels seconded, and the motion
passed unanimously that all resoJutlons and ordinances presented at the meeting shall be
read in title only and all further reading be waived.
- ----...----------
CITY COUNCIL MINUTES
MAY 11, 2004
PAGE 2
7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
None.
8. CONSENT AGENDA
Council Member Dickens moved, and Council Member Runels seconded the motion to
approve Consent Agenda Items 8.a. through 8.f., with the recommended courses of action.
The motion carried unanimousJy on the following roll-call vote:
AYES: Dickens, Run.els, Lubin, Costello, Ferrara
NOES: None
ABSENT: None
8.a. . Cash Disbursement Ratification.
Action: ApPfoved the listing. of cash disbursements for the period April 16, 2004
through April 30, 2004.
8.b. Statement of Investment Deposits.
Action: Received and fiJed the report of current investment deposits as of April 30,
2004.
8.c. Consideration of Approval of Minutes.
Action: Approved the minutes of the ReguJar City Council Meeting of April 13, 2004,
and the Special and ReguJar City Council Meetings of ApriJ 27, 2004 as submitted.
8.d.. Consideration to Accept Easements and Improvements for Tract 2240 - Villas
Blancas.
Action: 1) Accepted the public improvements for Tract 2240 as constructed; 2)
Adopted Resolution No. 3742 accepting the following offers of dedication shown on
the final tract map: street tree easements, public water easements, and public sewer
easements; 3) Authorized the release of the existing cash securities with the City in
the amount of $1,376.40; and, 4) Accepted the 10% warranty security in the amount
of $18,926.90.
8.e. Consideration of Modification to the Salary Range and Title for the Chief
Building Inspector Position and Salary Range for Facility Coordinator Position.
Action: Adopted Resolution No. 3743 to modify the salary range and title for the
Chief Building . Inspector position and the salary. range for the Facility Coordinator
position.
8.1. Consideration of Designation of Voting belegate and Alternate Votlng'Delegate
for a Special Meeting of the League of California General Assembly on May 13,
2004.
Action: Appointed Mayor Pro Tern Lubin as the voting deJegate and the City
Manager as the alternate voting delegate. .
9. PUBLIC HEARINGS
9.a. Continued Public Hearing - Consideration of Appeal of Approval of Plot Plan
Review Case No. 04-002; Tried and True Tattoo; 1037 East Grand Avenue.
Assistant Planner Bergman presented the staff report and recommended the CounciJ adopt a
ResoJution upholding the appeal and modifying the Planning Commission's approval of Plot
Plan Review Case No. 04-002. He responded to questions from Council regarding the
findings and conditions of approval.
-..--..- -----
CITY COUNCIL MINUTES
MAY 11, 2004
PAGE 3
Mayor Ferrara opened the public hearing.
Robert Pesina, co-applicant, read and submitted a letter for the record, which aJso included
documentation of his membership in the Alliance of ProfessionaJ Tattooists and an Award of
Completion for completion of the APT, Inc. Seminar for Preventing Disease Transmission in
Tattooing (on file in the Administrative Services Department). He concluded by stating that
they are willing to conform to rules and reguJations provided by the State and Jocal health
department.
Garv Ellsworth, applicant, stated that he was more than willing to meet the conditions of
approval; however, he requested a grace period be established for meeting the parking
requirements in order to have time to generate revenue upon opening the business for
completing the improvements. He stated that all businesses have risks and his goaJ was to
minimize the risks. He stated that he was committed to following the modeJ guidelines.
Dr. Lvn Savre, periodontist, spoke in opposition.
Shannon Nelson spoke in support of the application.
SteDhanie Painter, commented that all measures should be required to ensure the business
is safe.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Mayor Ferrara stated that some, not all, of his. concems have been addressed. He stated
that health risks are the primary issue, specifically as it relates to the transmission of
Hepatitis C, and expressed concems for the youth; that this was a risk he was not willing to
promote in this community; for the financial instability of the applicant as it relates to
complying with the parking requirements; and for the City's liability exposure. He aJso
expressed concems abOut the County EnvironmentaJ Health Department being the
enforcement agency for the Model Program. Mayo~ Ferrara stated he could not make the
finding that this wouJd not be detrimental to the public heaJth, safety, or general welfare; and
he could not support the application.
Council Member Runels stated that there were risks, however, he stated that if the applicant
could comply with the conditions of approvaJ, those risks were adequately addressed. He
stated he would rather see a business where the City couJd regulate it.. He supported
approval of the application.
Council Member Dickens expressed concems that tattooing is not. a regulated industry;
expressed concerns about the County Environmental Health Department as the reguJatory
agency; and requested that the applicant submit a revised plot plan. He agreed that there
were health risks involved and expressed concems that the State had not moved forward
with impJementing the Model Program in its entirety. He also expressed concemsabout City
staff's ability to find the time and funding to impJement the ~el Program. He stated it was
difficult to support the findings; commented that this was not consistent with the Economic
Development Element and would inhibit the City's Redevelopment Strategy. He did not
support approval of the. application.
CounciJ Member Costello inquired whether there were provisions in the Model Program for
ongoing continuing education. He proposed adding provisions to require continuing
education and increasing the inspections to twice per year. In response to a question
regarding parking requirements. Director Strong described the existing parking situation as
_.-- -.~"-
CITY COUNCIL MINUTES
MAY 11, 2004
PAGE 4
legally non-conforming with 1 a spaces. Council Member Costello stated there was no
question about potential heaJth and safety concerns; however, by requiring compliance with
the ModeJ Program or National EnvironmentaJ HeaJth Association Body Art ModeJ Code and
Guidelines with more inspections, the City is reducing the risks to an acceptable level. He
stated he could support the application.
In response to additional parking questions by Mayor Pro Tern Lubin, Director Strong
estimated the cost for providing additional parking, and stated that a Performance Bond
should be required should the Council allow the applicant additionaJ time to improve the
parking. Mayor Pro Tern Lubin stated there were risks in any business and that it was
important to recognize that most new businesses have a cash flow problem. He stated that
regulation is important and with the proposed monitoring and enforcement program, the City
could show how it can be done. He agreed with the continuing education requirement and
stated that during the first two years there should be a minimum of two inspections per year
in addition to the pre-opening inspection. He also suggested th~t copies of all inspection
reports be submitted to the City Council on an ongoing basis. Mayor Pro Tern Lubin
concluded by supporting the application with the proposed modifications.
Mayor Pro Tern Ferrara stressed the importance of compliance, monitoring, and enforcement
and stated that the doors shouJd not open until all conditions of approvaJ had been met.
Mayor Pro Tern Lubin moved to adopt a Resolution as follows: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE APPEAL AND
MODIFYING THE PLANNING COMMISSION'S APPROVAL OF PLOT PLAN REIEW
CASE NO. 04-002; LOCATED AT 1037 EAST GRAND AVENUE, APPLIED FOR BY GARY
ELLSWORTH", with modifications to Exhibit "A", #5 to require compliance of parking
requirements within 90 days of opening the business; adding #11 to provide two inspections
per year with copies of inspection reports to Council; and adding #12 to require all tattoo
artists/operators to compJete annually six hours of continuing education in the area of
preventing disease transmission in tattooing, offered through the Alliance of Professional
Tattooists or an accredited medical or equivalent association approved by the City
Manager. Council Member Runels seconded the motion, and on the following roll-call vote:
AYES: Lubin, Runels, Costello
NOES: Dickens, Ferrara
ABSENT: None
There being 3 A YES and 2 NOES, the motion is hereby declared to be passed.
9.b. Consideration of Appeal of Planning Commission Denial - Variance Case No.
04-002; Samuel Gilstrap and Modification of Paseo Street Design Standards.
Assistant Planner Foster presented the staff report and recommended the Council 1) Adopt
ResoJution to deny the appeal of the Planning Commission's denial of Variance 04-002; or 2)
Adopt ResoJution to uphold the appeal of the Planning Commission's denial of Variance 04-
002, thereby approving Variance 04-002 and instruct the Director of Administrative Services
to fiJe a Notice of Exemption; and 3) Adopt Resolution to amend the Paseo Street Design
Standards. Assistant Planner Foster resp~nded to questions from Council regarding Fire
Department access, clarification of the variance request, alternative setback options, existing
easements, development of a water line, and modification of the Paseo Street Design.
~.-.._.._-
CITY COUNCIL MINUTES
MAY 11, 2004
PAGE 5
Mayor Ferrara opened the public hearing.
Sam GilstraD, appellant, gave a brief overview of the project and spoke in favor of the
variance application.
Brett Prawitt, May Street, spoke in support of the applicant's variance application.
Upon hearing no further public comments, Mayor Ferrara cJosed the public hearing.
CounciJ Member Costello commented on the unique circumstances of the site and stated this
was the most reasonabJe, least intrusive soJution. He supported the proposed setback,
supported the variance, supported staff's recommendation as it related to the water line, and
supported modification of the Paseo Street Design Standards.
Council Member Runels supported the variance request and commented that it was a very
difficuJt lot configuration. He stat~ it was advantageous to put in the utilities all at once.
Council Member Dickens commented on the inadequate infrastructure in the area to support
development. He stated that Phase 1 conditions had not been met; there is a substandard
road that is a private driveway; and felt that it was important to put infrastructure in place
before development occurs. He supported the request for the variance; however, he
opposed the elimination of the condition for providing through access from Highway 227 to
Paseo Street. He stated that the Phase I property owners should be brought into compliance
with Phase I as it relates. to the Paseo Street Design Standards.
Mayor. Pro Tem Lubin inquired whether the Paseo Street Design Standards, #1, couJd be
modified as there was no potential for widening the street. He stated he could not support
opening up the area for through traffic from 227. He supported all other proposed
modifications to the Design Standards, supported the variance request, and requested that
condition #1 in the Design Standards be modified to maintain a 12-foot wide paved private
drive.
Mayor Ferrara stated he did not see any way to widen the street without encroaching on the
lots. He supported the appeal.
Council Member Costello moved.to adopt a Resolution as follows: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF AR~OYO GRANDE UPHOLDING THE APPEAL OF
THE PLANNING COMMISSION'S DENIAL OF VARIANCE 04-002 AND APPROVING
VARIANCE 04-002; PASEO STREET, LOT 24; APPLIED FOR BY SAMUEL GILSTRAP".
Mayor Pro Tem Lubin seconded the motion, and on the following roll-call vote:
AYES: Costello, Lubin, Runels, Dickens, Ferrara
NOES: None
ABSE.NT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
-- --
CITY COUNCIL MINUTES
MAY 11, 2004
PAGE 6
CounciJ Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE
CITY COUNCIL OF,THE CITY OF ARROYO GRANDE AMENDING THE PASEO STREET
DESIGN STANDARDS; PAS EO STREET, as amended to modify Exhibit A, #1, as folJows:
"Minimum 12' feet wide paved private drive from Highway 227 to the west end of Lot 18".
Mayor Pro Tem Lubin seconded the motion. Council Member Dickens posed questions and
offered additionaJ comments regarding circuJation, Jand acquisition, liability, and related
issues. On the following roll-call vote, as follows:
AYES: Costello, Lubin, Runels, Ferrara
NOES: Dickens
ABSENT: None
There being 4 A YES and 1 NO, the motion is hereby dedared to be passed.
10. CONTINUED BUSINESS:
None.
Mayor Ferrara called for a break at 10:10 p.m. The Council reconvened at 10:15 p.m.
11. NEW BUSINESS
11.a. Consideration of Participation In the California Joint Powers Insurance
Authority (CJPIA) Workers' Compensation Program.
City Manager Adams presented the staff report and recommended the Council adopt a
Resolution dedaring the City is, self-insuring and participating in the California Joint Powers
Insurance Authority (CJPIA) Workers' Compensation Program. He introduced Pat France
representative from CJPJA, who responded to questions from Council regarding the program.
Coun~iI and staff discussion ensued regarding differences between the CJPIA liability .
program and the worker's compensation program as it relates to the City's degree of control
and decision making authority.
Mayor Ferrara opened up the item for public comment, and upon hearing no public
comments, he closed the public comment period and brought the item back to, CounciJ for
Consideration.
Council Member Dickens moved to adopt a Resolution as follows: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO AUTHORIZE AND APPROVE
SELF-INSURANCE OF WORKERS' COMPENSATION FOR ITS ENlPLOYEES THROUGH
THE SELF-INSURANCE AND LOSS POOUNG PROGRAM OF CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY". Council Member RuneJs seconded the motion, and
on the following roll-call vote:
AYES: Dickens, RuneJs, Lubin, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
--
CITY COUNCIL MINUTES
MAY 11, 2004
PAGE 7
11.b. Consideration of South County Area Transit (SCAT) Bus Route Proposal.
M~yor Pro Tern Lubin clarified that he was not asking the Council to approve the additionaJ
route; he just requested that the CounciJ be provided with financial information relating to the
City.
City Manager Adams presented the staff report and gave an overview of the estimated cost
to the City of Arroyo Grande for the additional route for service 7 days a week. Mayor Pro
Tern Lubin followed up on funding issues and reported there would be no impact on the
City's budget. City Manager Adams introduced Mr. David Lilly from SCAT who would be
availabJe to respond to questions.
Mayor Ferrara opened up the item for public comment, and upon hearing none; he closed
the public comment period and brought the item back to Council for consideration.
Following Council questions and comments regarding increasing opportunities for public
transportation, Mayor Pro Tern Lubin moved to authorize the SCAT representative to move
forward with consideration of an additional bus route with service seven days a week.
Council Member RuneJs seconded the motion, and on the following roll-call vote:
AYES: Lubin, RuneJs, Dickens, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
11.c. Consideration to Authorize the Distribution of Proposals for Project Approval
and Environmental Determination (PA&ED) for Brisco Road-Halcyon Roadl
Route 101 Interchange.
Director of Public Works Spagnolo presented the staff report and recommended the Council
authorize the distribution of a Request for Proposal for Project Approval and EnvironmentaJ
Determination (PA&ED) for the Brisco Road-Halcyon Road I Route 101 Interchange. He
responded to questions from Council regarding funding for the project. He explained that
staff wouJd continue to negotiate with SLOCOG for the balance of funding for the project or
the funds would come from the City's Transportation Facility Fund. .
Mayor Ferrara opened up the item for public comment, and upon hearing none; he closed
the public comment period and brought the item back to CounciJ for consideration.
During Council comments, Mayor Pro Tern Lubin requested that staff provide the dollar
amount the Five Cities Center developer was required to pay into the Transportation Facility
Fund.
Council Member Costello moved to authorize the distribution of a Request for ProposaJ for
Project Approval and Environmental Determination (PA&ED) for the Brisco Road-Halcyon
Road I Route 101 Interchange. CounciJ Member Dickens seconded the motion, and on the
following roll-call vote:
__"__'"_.m..
CITY COUNCIL MINUTES
MAY 11, ~004
PAGE 8
AYES: Costello, Dickens, Runels, Lubin, Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
11.d. Consideration and Selection of a Design for the Traffic Way Bridge Rail
Replacement.
Director of Public Works Spagnolo introduced Associate Civil Engineer Thomas Korman.
Associate Engineer Korman presented the staff report and gave an overview of the design
options for the Traffic Way Bridge.
Mayor Ferrara opened up the item for public comment.
Steve Ross, Arroyo Grande, commented that the Traffic Way Bridge is non-conforming and it
wouJd need to be widened in the future. He asked if this project moved forward, wouJd the I
improvements have to be torn out.
I
I
Director of Public Works SpagnoJo responded that onJy one side of the bridge wouJd
eventually be widened and that he anticipated that project was far off into the future due to
Caltrans funding issues.
Hearing no further public comments, Mayor Ferrara closed the public comment period and
brought the item back to Council for consideration.
Council Member Dickens moved to select the sJump stone design pattern concept for the
Traffic Way Bridge; direct staff to proceed with the design specifications and plans; and
authorize the solicitation of construction bids. Council Member Runels seconded the motion,
and on the following roll-call vote:
AYES: Dickens, RuneJs, Lubin, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby decJ8red to be passed.
11.e. Consideration of Economic Development Strategy for HotellMotel Development
on Highway 101 Corridor.
Community Development Director Strong presented the staff report and recommended the
CounciJ discuss the proposaJs regarding an Economic DeveJopment Strategy for hoteVmotel
development along the 101 Corridor and provide direction for Development Code
Amendment and impJementation
Mayor Ferrara suggested that this topic warranted a joint meeting with the Planning
Commission. Following brief discussion, the Council concurred with the Mayor's suggestion.
-~ -~---_..- ---
-
CITY COUNCIL MINUTES
MAY 11, 2004
PAGE 9
Mayor Pro Tem Lubin moved to continue the item and to direct staff to schedule a Joint City
CounciVPlanning Commission meeting to discuss the issue. Council Member Dickens
seconded the motion, and on the following roll-call vote:
AYES: Lubin, Dickens, RuneJs, Costello, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
12. CITY COUNCIL MEMBER ITEMS:
a) Consideration and Discussion of Environmental Jssues Regarding the Noyes Road
Property (FERRARA)
Mayor Ferrara requested, and the Council concurred, that an item be placed on the next City
Council agenda to consider initiating a GeneraJ PJan Amendment on the Noyes Road
property.
13. CITY MANAGER ITEMS
a) Request for letter of support for California Conservation Corps (CCC)
City Manager Adams reported to the CounciJ that the California Conservation Corps (CCC),
Los Padres Camp, San Luis Obispo wouJd not be closing; therefore, it would not be
necessary" to send a Jetter of support for CCC as previousJy requested by Mayor Ferrara.
The Council concurred.
14. COUNCIL COMMUNICATIONS
Council Member Dickens acknowledged Jim Bergman, who is an Assistant Planner for the
City, for his participation in the 2004 Tractor Restoration Project. He stated that an article
appeared in Farmer and Rancher magazine highlighting Mr. Bergman's work with Arroyo
Grande High SchooJ students ona local tractor restoration project. He commended Mr.
Bergman for his personal involvement with the project, which would result in the tractor being
displayed in the South County Historical Society Museum/Barn.
15. STAFF COMMUNICATIONS
None.
16. COMMUNITY COMMENTS AND SUGGESTIONS
Steve Ross, Arroyo Grande, suggested that the City include the Williams/Frederick property
in its long-term pJan for hoteVmotel deveJopment aJong the Highway 101 corridor.
17. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 11 :45 p.m.
".--
-
___n______ ._.._.. - - ._-
CITY COUNCIL MINUTES
MAY 11, 2004
PAGE 10
~
Kelly We or: Director of Administrative Servlcesl
Deputy City Clerk
(Approved at CC Meeting S"'J5 -04 )
-~
I
I
;
-"'.._----