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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, 2' 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 3 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, 4 --.-,.- --'-- 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 5 . ------------..-----..---- --- 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. 6 ~._.._---~-_.- 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, 7 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 8