Minutes 2004-04-27
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 27,2004
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:04 p.m.
2. ROLL CALL
City Council: Council Members Runels, Dickens, Costello, Mayor Pro Tern 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, and
Assistant Planner Bergman.
3. FLAG SALUTE
Members of Webelos Den #B, Pack 425 led the Flag Salute.
4. INVOCATION
Pastor Paul Jones delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read in Title Only
Council Member Costello moved, Mayor Pro Tern Lubin 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
None.
8. CONSENT AGENDA
Mayor Pro Tern Lubin and Council Member Runels requested that Item B.h. be pulled for
discussion.
Council Members Dickens and Costello requested that Item B.d. be pulled.
Mayor Pro Tern Lubin moved, and Council Member Dickens seconded the motion to approve
Consent Agenda Items B.a. through B.g., with the exception of B.d. and B.h., with the
recommended courses of action. The motion carried on the following roll-call vote:
AYES: Lubin, Dickens, Runels, Costello, Ferrara
NOES: None
ABSENT: None
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APRIL 27, 2004
PAGE 2
8.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period April 1, 2004 - April
15,2004.
8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the
Water Facility Fund.
Action: Received and filed the March 2004 cash report and approved the interfund
advance from the Water Facility Fund to cover cash deficits in other funds at March 31,
2004.
8.c. Consideration of First Amendment to Communications Site Lease Agreement with
Sprint PCS Assets, LLC.
Action: Approved and authorized the Mayor to execute the First Amendment to
Communications Site Lease Agreement (Ground) between the City of Arroyo Grande and
Sprint PCS Assets, LLC ("Sprinf') for use of approximately 375 square feet of property
located at Reservoir No.2, subject to payment of the City's administrative review fee.
8.e. Consideration of Request to Refund Application Fee for "Walk America" Fund-
Raising Event.
Action: Approved the request from the March of Dimes to refund the fee for Temporary
Use Permit 04-002.
8.1. Consideration of Approval of a Professional Services Agreement with GSI Solis,
Inc. to Provide Material Testing and Inspection Services for the Reservoir No. 1
Replacement Project, PW 2003-07.:
Action: 1) Approved a Professional Services Agreement with GSI Soils, Inc. to provide
material testing services ($14,816) and inspection services ($87,040) in the amount of
$101,856 for the Reservoir No. 1 Replacement Project; and 2) Authorized the City
Manager to approve contract amendments in the amount of $10,186 for use only if
needed for unanticipated costs during the construction phase of the project.
8.g. Consideration of Authorization to Purchase Decorative Lighting Poles and Fixtures
for the Village Lighting Project, PW 2004-03.
Action: 1) Authorized the Public Works Department to purchase decorative lighting
poles and fixtures for the Village Lighting Project; and, 2) Transferred the remaining fund
balance of the Creekside Walk Phase III Project into the Village Lighting Project.
8.d. Consideration of Funding Request from Destination Imagination.
Recommended Action: Appropriate $2,000 for a contribution to the Arroyo Grande
Destination Imagination teams.
Council Member Dickens acknowledged students from the Destination Imagination Program and
invited them to the podium to speak about the program. Mike Liebo, Coordinator for the
Destination Imagination Program, thanked the Council for consideration of its request. Students
from the program also expressed thanks to the Council and gave an overview of the creative
problem-solving program, their experiences at the Statewide competition, and their hopes for
attending the World finals in Tennessee.
Council Member Costello moved to appropriate $2,000 for a contribution to the Arroyo Grande
Destination Imagination teams. Council Member Runels seconded the motion, and on the
following roll-call vote:
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CITY COUNCIL MINUTES
APRIL 27, 2004
PAGE 3
AYES: Costello, Runels, Dickens, Lubin, Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
8.h. Consideration of Approval of Professional Services Agreement with Spectrum
Consultants Inc. to Prepare a Fleet Maintenance Study.
Recommended Action: 1) Approve a Professional Services Agreement with Spectrum
Consultants Inc. in the amount of $15,852 for the fleet maintenance study; and 2)
Appropriate funds in the amount of $15,852 from the unappropriated General Fund
balance.
Mayor Pro Tern Lubin expressed concerns about spending almost $16,000 for a consultant when
he felt that the City had staff that couJd conduct the study in-house. City Manager Adams gave
an overview of the scope and objectives of the study and explained that due to recent personnel
changes, this was a unique opportunity to look at the fleet maintenance operation to determine if
the program was as cost-effective as possible. In response to a question from Council Member
Runels, City Manager Adams explained that police vehicles would be included in the study;
however, the Fire Department currently had a staff member in-house who was responsible for
Fire Department fleet maintenance.
Council Member Dickens moved to approve a Professional Services Agreement with Spectrum
Consultants Jnc. in the amount of $15,852 for the fJeet maintenance study; and appropriate funds
in the amount of $15,852 from the unappropriated GeneraJ Fund balance. Council Member
Costello seconded the motion, and on the following roll-call vote:
AYES: Dickens, Costello, Ferrara
NOES: Lubin, Runels
ABSENT: None
There being 3 AYES and 2 NOES, the motion is hereby declared to be passed.
9. PUBLIC HEARINGS
9.a. 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. He stated that supplemental information
had been provided to the Council prior to the meeting, which included a revised ResoJution that
includes provisions to allow the City Manager to enforce the California Conference of LocaJ
Health Officers Proposed Model Program, as amended. He recommended the Council adopt the
Resolution, as amended, denying the appeal and upholding the Planning Commission's approval
of Plot Plan Review Case No. 04-002. Assistant Planner Bergman responded to questions from
Council regarding findings and conditions of approval in the revised resolution, privacy screening
issues, ADA accessibility, and how the proposed model program would be enforced.
Mayor Ferrara opened the public hearing.
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APRIL 27, 2004
PAGE 4
Garv Ellsworth, applicant, gave an overview of his personal background, his investigation of
locations to start a new business, and responded to questions and concerns expressed by the
Council relating to privacy issues and screening, tenant improvements that have been completed
to meet ADA requirements, sterilization procedures, disposable equipment used, acquired
training, clarification regarding the petition submitted as it related to minors, and Health
Department regulations for registration of tattoo artists. He urged the Council to approve Plot
Plan Review Case No. 04-002.
Robert Mecina, the applicant's partner, gave an overview of his personal background and spoke
in favor of PJot Plan Review Case No. 04-002.
Shawn Gill spoke in favor of Plot Plan Review Case No. 04-002.
Dr. Lvnn Savre, periodontist, spoke in opposition of Plot PJan Review Case No. 04-002.
Dena MurDhv, Arroyo Grande, spoke in opposition of Plot Plan Review Case No. 04-002.
Heather Witt, Oceano, spoke in favor of Plot Plan Review Case No. 04-002.
Anita Brouahton, EOC Coordinator, provided an overview of the County's Liberty Tattoo
Removal Program.
Sunnv LODez, Arroyo Grande, spoke in favor of Plot Plan Review Case No. 04-002.
Bob Brownson, Arroyo Grande, spoke in opposition of Plot PJan Review Case No. 04-002.
Tom Murrav, Arroyo Grande, spoke in opposition of Plot Plan Review Case No. 04-002.
Drew BrandY, Arroyo Grande, spoke in favor of Plot Plan Review Case No. 04-002.
Leah Alvarez BrandY, Arroyo Grande, spoke in favor of Plot Plan Review Case No. 04-002.
Shawn Gill, Arroyo Grande, spoke again in favor of Plot Plan Review Case No. 04-002.
Upon hearing no further public comments, Mayor Ferrara closed the public hearing.
Mayor Ferrara commented on internet research he had conducted and cited articles from several
health agencies relating to tattoos and Hepatitis C. He read into the record an email he had
received from the County regarding the passage of AB186 in 1977 which requires tattoo artists
to register with their local County Health Department He stated this was an issue of community
impact on public health and referred to a Paso Robles ordinance which prohibits the operation of
tattoo parlors. He commented that because the industry was unregulated, there were too many
unanswered questions regarding health risks. He stated he was concerned about the liability
issue for the City. He stated that the revised resolution needs work and he could not support the
findings in their current form.
Council Member Dickens cOmmented on his personal and professional background counseling
young people, and expressed concerns regarding the social ramifications of the tattoo industry;
that tattooing is an apprentice-based art with no formal training or education required; that a
person cannot donate blood for one year after receiving a tattoo; and the fact that tattooing is an
unregulated industry with too few public health and safety protections and no enforcement
capabilities. He acknowledged the County's tattoo removal program and stated he could not
approve the plan unless the applicant agreed to participate and contribute an annual fee to help
fund the program. CounciJ Member Dickens also requested an updated plot pJan layout, stated
that one workstation should be completely encJosed to address client privacy issues; the
business should be limited to tattooing only; and the findings in the proposed resolution needed
to be refined. He commented on the City's redevelopment efforts in the Midway section of E.
Grand Avenue and stated that he did not believe this use was consistent with the Economic
Development or Land Use Elements of the General Plan. He recommended the Council either
1) continue the item to address the concerns raised by the Council or 2) uphold the appeal and
deny the application.
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CITY COUNCIL MINUTES
APRIL 27,2004
PAGE 5
Council Member Runels agreed that this was a complex issue and he appreciated the applicant's
efforts. He had concern about the issues expressed conCerning Hepatitis C as it relates to
tattooing. He felt that not having an ordinance in place to deny the use was problematic, and
that it would be better to have a shop that is reguJated. He felt that the resolution should be
refined before approving the item.
Council Member Costello stated this was a complex issue; however, he did not buy into the
concern about creating an image problem. He stated that the onJy issue is a health issue. He
cited from articles provided by the Mayor regarding the risk of contracting Hepatitis C if certain
protocols were not followed. He favored provisions that would provide adequate protection for
maintaining cleanliness and sanitation should the business be taken over by another tattoo artist,
with a dependable inspection process in place. He commented that he had no problem with
those over 18 getting tattoos if they are informed and educated about the procedure. and its
possibJe risks and consequences. He supported the Proposed Model Program with language
that addresses inspection and enforcement. He also stated that parking requirements needed to
be addressed; the cost impacts to the City and/or the applicant need to be quantified; the
business should be limited to tattooing only; and a revised pJot plan must be submitted.
Mayor Pro Tern Lubin commented that the applicant's character was excellent as he was a
former business neighbor; commented that Hepatitis C is a risk in the dental industry and in
many other industries and activities; supported the tattoo removal program which is offered to
persons who want to remove antisocial, gang-related non-commercial tattoos; stated that the
proposed regulations provide a series of significant steps to regulate tattoo parlors within the
City; favored contracting with the County or other medical organization to provide inspections;
stated that inspection and enforcement costs need to be determined; supported the location; and
stated it removes blight by eliminating a vacancy. He suggested continuing the item to further
refine the proposed model regulations, determine who to contract with for review and follow-up,
determine timing of inspections, determine associated costs, and include a provision to mandate
a 3 to 5 year review by the City Council with a full report by the enforcement officer. He
concluded by stating he wanted to protect the public heaJth and that if the City can monitor and
regulate the use, he could support approval of the application.
Following further staff and Council discussion, Mayor Pro Tern Lubin moved to continue this item
to the next Regular City Council meeting of May 11, 2004 and direct staff to bring back a revised
resolution addressing the comments provided by the Council. Council Member Dickens
seconded the motion, and on the following roll-call vote:
AYES: Lubin, Dickens, Runels. Costello. Ferrara
NOES: None
ABSENT: None
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
Mayor Ferrara called for a break at 10:35 p.m. The Council reconvened at 10:44 p.m.
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PAGE 6
9.b. Consideration of Resolution Increasing Operating Fees Based on Changes in the
Consumer Price Index (CPI)
Financial Services Director Snodgrass presented the staff report and recommended the Council
adopt a Resolution revising Operating Fees in the Fire, Building, Community Development,
Engineering, and Recreation Departments by the January 2004 CPI of 1.8%.
Mayor Ferrara opened the pUblic hearing, and upon hearing no public comments, he closed the
public hearing.
Council Member Costello moved to adopt a Resolution as follows: "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING OPERATING FEES FOR
PARKS AND RECREATION, PLANNING, ENGINEERING, BUILDING, AND FIRE
SERVICES." Council Member Dickens seconded the motion, and on the following roll-call vote:
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.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Lopez Water Treatment Plant Upgrade.
Financial Services Director Snodgrass gave a brief overview of the project and introduced Lou
Carella, Christine Ferrara, Carmen Fojo, and Will Clemens as the representatives from the
County of San Luis Obispo who would be presenting a report of the Lopez Water Treatment
Plant Upgrade project.
Lou Carella gave a presentation on the background of the Lopez Water Treatment Plant and why
the Lopez Water Treatment Plant Upgrade project is necessary. Carmen Fojo explained what
. the project entails, gave an overview of the project components, and reviewed what has been
accomplished so far. Mr. Carella gave an overview of what remains to be completed, how Zone
3 has been involved, how much the project will cost, how the project will be paid for, what the
benefits of the project are, and concluded by stating that Lopez water continues to be the most
important and reliable supply to South County residents. Mr. Carella responded to questions
from Council regarding continued supply of Lopez water during construction, contingency
measures if Lopez water is not available, and whether State water would be availabJe in an
emergency.
Will Clemens gave a presentation on funding options, impacts on participating agencies, and an
overview of financing options.
Financial Services Director Snodgrass gave an overview of the impact of the project on Arroyo
Grande water bills and clarified that these estimates were preliminary. City and County staff
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CITY COUNCIL MINUTES
APRIL 27,2004
PAGE 7
responded to questions from Council regarding the State Revolving Fund and the probability of
the State funding the entire amount of the project; and how much the City is currently paying for
Lopez water. Council comments included emphasis on public education efforts, specifically as it
relates to impact on water bills.
Mayor Ferrara opened the item for public comment, and hearing none, he closed the public
comment period.
There was no action on this item. The Council received and accepted the San Luis Obispo
County staff presentation on the proposed Lopez Water Treatment Plant Upgrade for Flood
Control Zone 3.
11.b. Consideration of the Arroyo Grande Creek Habitat Conservation Plan.
Due to the late hour, the Mayor requested and the Council concurred, to continue Item 11.b. to a
future City Council meeting.
11.c. Consideration of Pre-Application Review of a Mixed-Use Project with Three
Commercial and Three Residential or Office Units; 101 Traffic Way.
Assistant Planner Bergman presented the staff report and recommended the Council review the
proposed project and make suggestions and comments that can be incorporated into a future
formal application.
Council Member Runels expressed concerns regarding access to parking from Traffic Way.
Mayor Ferrara invited the applicant to the podium to address the Council and respond to
questions.
Mark Vasquez, representing the applicant, acknowledged that there was limited access to the
project. He stated that there was an existing ramp off of Traffic Way that could be reJocated
toward the bridge and away from the intersection.
Council Member Costello also expressed concern about access in and out of. the project and
parking availability. He commented that the proposed development seems too large for the
parcel.
Council Member Dickens stated he was not in support of the proposed architectural design and
density on the site; commented that it was a difficult lot configuration; favored a commercial
oriented design that could serve as a landmark building; was not as concerned about parking
and envisioned creation of a more pedestrian oriented development; did not support subdividing
the lot into three parcels and stated that there should be a minimum lot size of at least 2,500
square feet. Council Member Dickens also addressed the public right-of-way issue and stated
that an expansion of Traffic Way was inevitable and needed to be considered in the design.
Mayor Pro Tern Lubin commented that he had no issues with the parking or access to and from
the project; however, he did not favor the design of the project. He supported the smaller lot
sizes, visualized the project blending in with the historic district; and favored the concept of
residential units on the upper floors.
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Mayor Ferrara commented that this project is located at the gateway to the Village and should
not be a monument building; he expressed concerns regarding the roof detail, gables, and inlay
detail; spoke about size and scale; blending this deveJopment into the Village commercial district;
ensuring appropriate signage within the project; encouraged residential over small business
within the project; and stated the parking issue needed to be addressed. He suggested that a
materials and color board would help.
Mayor Pro Tern Lubin highly recommended that the applicanUarchitect provide a visual impact
model of the project during future hearings.
Upon conclusion of Council comments, Mayor Ferrara ensured that the applicant had received
sufficient feedback and direction with regard to the proposed project.
There was no action taken on this item.
12. CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit
Authority (SLOCOG/SLORTA). Met April 7th, discussed transportation funding
issues; provided status report on the project study reports for the next round of
STIP funding. Elected Shirley Bianchi as new Vice President for SLOCOG.
SLORT A - Reviewed work plan and draft budget and recommended adoption of
new budgeting procedures that are based on performance objectives.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Attended the
April 7th meeting, reviewed the preliminary budget work schedule for preparing the
2004-05 Budget. Also approved the purchase of a digester pump.
(3) Integrated Waste Management Authority (IWMA). No report. Executive
Committee meeting is tomorrow.
(4) Other. None.
b. MAYOR PRO TEM SANDY LUBIN:
(1) South County Area Transit (SCAT). Met April 21S\ reviewed the proposed
2004-05 Budget; reviewed report considering route options and proposed route
changes; implemented short-range transit plan recommendations.
(2) Economic Vitality Corporation (EVC). Received presentation by RGC, a low-
moderate and very-low income high density builder that will be considering at a
development project in San Luis Obispo.
(3) Other. Submitted a copy to staff of the California JPIA Executive Committee April
23, 2004 Agenda for distribution to the Council.
c. COUNCIL MEMBER THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board. No report.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other. None.
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CITY COUNCIL MINUTES
APRIL 27, 2004
PAGE 9
d. COUNCIL MEMBER JIM DICKENS:
(1) South County Youth Coalition. No report.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). Attended April
21st meeting, discussed a contract to study the Pismo Beach outfall line hydraulic
study update; received Geographic Information System (GIS) project update
(requested City staff to provide information on its GIS system at a future City
Council meeting); received earthquake damage status report; and reviewed
proposals and awarded contract for triennial sampling contract for the outfall line.
(3) Other. None.
e. COUNCIL MEMBER JOE COSTELLO:
(1) Air Pollution Control District (APCD). No report.
(2) Other. None.
13. CITY COUNCIL MEMBER ITEMS:
a) Request for staff to prepare a report on SCAT's proposal for an additional route. (LUBIN)
Mayor Pro Tern Lubin requested, and the Council concurred, to direct staff to prepare a report on
SCAT's proposal for an additional route for consideration at a future City Council meeting.
b) Update on Sphere of Influence Process and Survey. (FERRARA)
Mayor Ferrara reported that the third Sphere of Influence workshop had been conducted and
announced that the next phase of the process was drafting a community survey. He stated that
before the survey is mailed out, it would be reviewed by representatives of the Frederick and
Williams families.
14. CITY MANAGER ITEMS:
None.
15. COUNCIL COMMUNICATIONS:
Mayor Ferrara requested that staff prepare a letter in support of protecting the San Luis Obispo
County California Conservation Corps (CCC) from State budget cuts.
Mayor Ferrara requested that an item be placed on a future agenda to consider directing staff to
prepare information on environmental issues regarding the Noyes Road property.
Mayor Ferrara announced that Police Chief Rick TerBorch was the recipient of the Sherman
Block Memorial Law Enforcement Professional of the Year Award and that Police Sergeant John
Allen had received the CPOA Award of Distinction for his work with SLOLEAF.
16. STAFF COMMUNICATIONS:
None.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
None.
CITY COUNCIL MINUTES
APRIL 27, 2004 1.,-
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18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 12:14 a.m.
TonyM. re* /
ATTEST:
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Kelly W mor, Director of Administrative Servicesl
Deputy City Clerk
(Approved at CC Mtg 6-//-01 )
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