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HomeMy WebLinkAboutMinutes 1989-11-28MINUTES MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 28, 1989 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met at 7:30 P.M., with Mayor Mark M. Millis presiding. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. David Clark of Seventh -day Adventist Church of Arroyo Grande delivered the invocation. ROT-T. CATI Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. !l. ORAL COur�.niuTt�nmTQN.i City Attorney Judy Skousen said that she had obtained from the court a Temporary Restraining Order restraining Sunrise Terrace Mobilehome Park from increasing rents December 1, 1989. She said the 36 to 38 tenants of the park will not have rent increases. She said there would be a further hearing December 18, 1989, to see if that Temporary Restraining Order will stay in effect. NORM STEVENS said on behalf of the residents at Sunrise Terrace, he wanted to say thank you very much to the City. S. CONSENT AGENDA Mayor Millis announced that Item 5.C. Purchase of Fire Pumper, Budgeted Item, would be continued to another meeting. It was moved by Smith/Dougall, and the motion passed, to approve Consent Agenda Items 5.E. and 5.F. 5.E. Progress Payment No. 3, Arroyo Grande Police Station Renovation, Project No. 754, and Change Order No. 1. Approved. S.F. Change in EXHIBIT "B" for the Maintenance Agreement Between the City and Lee Wilson Electric for Maintenance of the City -owned Traffic Signals. Approved. Item S.A. Proclamation, "Bill of Rights Week," December 10 - 16, 1989. Mayor Millis presented the proclamation to Martha Lowman of the Daughters of the American Revolution. Item 5.B. Proclamation, "Honoring Hero, Retiring Canine Officer of the Arroyo Grande Police Department." Mayor Millis presented the proclamation to Hero and his trainer John Allen. Item S.D. Request by Sonic Communications for Intercompany Transfer to Cable Franchise. City Manager Chris Christiansen recommended that an assignment of an Assumption Agreement approved by the City Attorney be submitted before the request is granted. It was moved by Smith/Moots, and the motion passed, to approve Mr. Christiansen's recommendation. 6. REGISTER OF CHECKS It was moved by Dougall/Olsen, and the motion passed, to approve the Cash Disbursements, as contained in the November 20, 1989, Staff Report of Finance Director David Bacon. 1 CITY COUNCIL NOVEMBER 28, 1989 7. PUBLIC IJUARI.N�=_ XT NS;ON.�I NT 122J[_Uj2G 1{CY�RDTJL OF,`N0�99 C _S.: 5]JOH QI2DINAN P�'$O}I B $THE AC(ZI;PT&HQl;--ANp CONSI,QEPATI�ON OF LON_LJANGS,_T�NR llS$95. �3U�Iip�N �'�i$MITS, ARC�Ii�.TFzQTVL RJLV:Lr ONAL tZ$ IGN�' I p613.R N4�4NP�TI9J�Ab�:tFi_L' B1)�3 S �RyI{SUANx TO SQ��QN 65858 OF THE CALIFORNIA GOVERNMENT CODE). WITH C.kBTA�N�%J��.1�P.�0� Mr. Christiansen referred to his memorandum of November 28, 1989, and recommended that the Council adopt the Interim Urgency Ordinance Extension. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. when no one came forward to speak, Mayor Millis closed the hearing to the floor. Council Members were in agreement on adopting an ordinance which would automatically expire when the Land Use, open Space, Conservation and Housing Elements, Zoning ordinance, Subdivision ordinance, and Resource Management Plan become effective. It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Moot,, Olsen and Millis voting aye) to adopt Ordinance No. 417 C.S. An Urgency Ordinance Extending Prohibition on an Interim Basis the Acceptance and Consideration of Zone Changes, Land Divisions, Building Permits, Architectural Review, Optional Design Standards and Conditional Use Permits within Areas Designated on the General Plan for Medium -High Residential (14 Dwelling Units Per Acre) and/or Areas Zoned for r-3 (Multiple Family) with Certain Exceptions, as modified by Urgency Ordinance No. 411 C.S. Pursuant to Section 55858 of the California Government Code. O.A• V�'D�1�_F_9.N�P�R���3'RE>r�'�$I.D�E Mr. Christiansen referred to the November 22, 1989, letter from Public works Director Paul Karp giving an update on the progress of the Bridge Street Bridge restoration. Mr. Christiansen said the letter went to property owners, the media and the Council. He said the updates are sent out weekly. Mr. Karp said some trees are slated for removal after the City receives permission from the Department of Fish and Game. He said his weekly updates on restoration are being mailed to more than 70 persons, including renters, landlords, tenants and other interested parties. JOHN CLARK of the Arroyo Grande Village Improvement Association requested City assistance in putting up signs explaining that the bridge is closed and giving directions for reaching the businesses south of the bridge. Council approved, and Staff said it would work with the Association in putting up the signs. Mayor Millis said this Council is willing to do all it can to help the merchants and people in the area get through this emergency period. Mr. Clark said that the City may have liability because people are crossing the bridge at night, and going up and down the banks in the daytime. Mr. Christiansen said the Staff would look into the matter. In answer to Mr. Clark, Mr. Karp said the restoration completion date is set for six months from October 24, 1989. 2 CITY COUNCIL NOVEMBER 28, 1989 8.B. HOOK RAMPS AT C MTNO M R(•ann No Report. 8.C. TpjTF.RRF.(•TTOjj IMPROVEMENTS AT WFST gRAN(`H TRFFT/ RANn d Repot WAY AND WRSLEV STREET Noo Report. $.D. POr E FA T TY .XPANSTON Mr. Christiansen said the renovation is four to six weeks ahead of schedule. • Y V • \ \ Y S \ _ \ • • • Mayor Millis nominated Mr. Romero to the Senior Advisory Commission and the Council affirmed his nomination. _K L r • p • ! ! • , �iZ•%�� i�i��3RE! !�i'i7�fl } 7TN1 Council Member Dougall said he may have a Conflict of Interest on this matter and left the dais. JIM MCGILLIS, surveyor for San Luis Engineering, asked the Council to reconsider its denial ofthe subdivision. He said that the Council's fears of not having enough water for the development should be allayed because growing strawberries on the land would use more water than housing. He said the developers also were willing to design and build a water pumping system for Strother Park, thus saving the City 27 acre feet of water. There were Council concerns about being fair to other developers who are requesting subdivisions, about mixing agriculture water with domestic water, and not waiting for the water report being prepared by the Public Works Department. Mrs. Skousen said she sees a problem in allowing a subdivision to meet a water problem in a certain manner and setting a precedent for other subdivisions. She said the City should wait until the water policy is in effect and there is equal opportunity for all to perform water -saving measures for the City. On motion of Smith/Olsen (4-0-1, Smith, Olsen, Moots and Millis voting aye and Dougall not voting because of a conflict of interest), the Council denied the request to consider the project before January 23, 1989. Mayor Millis said the project (a Rezoning and Planned Development Case No. 89-217/Tentative Tract Map 1769) will be on the January 23, 1990, agenda. 4�C. REOtrRST OF JOHN •(_LARx OTS TMPROVYJWT �SSQg]dTiON Mn TVCRE_ ASE LUMINS ON pLEVEk, LIGHT 4TANDARDS�N rHl? V�LleaGF. — — - Council Member Dougall said he may have a conflict of interest in this matter also and remained in the audience. Mr. Clark said that for safety reasons more street lighting is necessary in the Village. He said four street lights have had their brightness increased in a test, and now the other it lights also need to be made brighter. Mayor Millis agreed with Mr. Clark that more light is needed in the village, especially at Bridge and Branch Streets and several other intersections. There was further discussion. 3 Mr. Clark said the Village CITY COUNCIL NOVEMBER 28, 1989 Association would be willing to contribute a portion or 50 percent of the cost of the new lighting. Mayor Millis said the City should contribute the portion of lighting that is for safety. Council Member Smith said the four test lights were not bright enough. Council Member Moots said the decorative poles would not be sufficient for the needed increased lighting. It was moved by Olsen/Smith (4-0-1, Olsen, Smith, Moots and Millis voting aye, Dougall not voting because of a conflict of interest) to refer the lighting matter back to Staff to negotiate a lighting program in the village area. Council Member Dougall returned to the dais. It was moved by Moots/Smith (5-0-0, Moots, Smith Dougall, Olsen and Millis voting aye) to approve Resolution No. 2354 Declaring Items to be Placed on a Surplus List and Donated to Another Governmental Agency. 2-I.E. $_ �'_IER._9Z? IMVB1'_A.P.A7fk�N_[LTi_aZ PROJECT. KEITH GURNEE of RRM Design Group said the purpose of the request for the joint City Council/Planning Commission study session is to have an airing of planning principles that can be heard and modified as necessary, leading to development of a plan and application, which would go through the regular City application procedure. He gave a history of Rancho Grande Phase II, and the denial without prejudice by the Council. He said the developer has subsequently met with neighbors of the project on two occasions. He said the developers need guidance on whether or not limited street sizes to save trees would be acceptable, and whether there should be public or private ownership of the open space in the development. Mr. Christiansen said Staff is recommending denial of the request for a joint meeting, based on Council direction that this subdivision, after being denied, should proceed in the usual manner open to all applicants. He said, in other words, it should commence with the normal application through the Planning Commission, etc. Council expronsad concerns about planning the project for the developers, giving approval prior to the public hearing, setting a precedent and circumventing the City planning process. Council Member Smith and Dougall said they would be willing to sit and listen at a joint meeting. Mrs. skousen said the meeting would have to be a noticed public hearing, and Council could not make any pre -approval or commitment. CAROL ELMS, a homeowner in the area, suggested that a "scoping meeting," conducted under the CEQA process, would be valuable if the City Council could legally permit it. After further discussion, it was moved by Olsen/Moots (3-2-0, Olsen, Moots and Millis voting aye, Dougall and Smith voting no) to deny the request for a joint City Council/Planning Commission meeting. S.F. RESOWTION DE51GNATING E. 140 PINE STREET It was moved by Moots/Dougall (5-0-0, Moots, Dougall, Olsen, 4 CITY COUNCIL NOVEMBER 28, 1989 Smith and Millis voting aye) to approve Resolution No. 2355 Designating a Landmark Tree 89-51. q.Q. LETTER OF REQUEST FROM OWNERS OF VILLAGE CR. K PLAZA, PHASE II, FOR A SRECIAL EXCRQACHMENT PERMIT TO ALLOW A MONUMENT SIGN IN THE TRAFFIC I RIGHT-OF-WAY Mayor Millis and Council Member Dougall said they may have conflicts of interest and left the dais. There were Council questions of Staff. Mr. Christiansen said the Council would have to decide whether or not to allow the encroachment, and then the applicants would have to comply with the sign ordinance. STEVE WISE, representing the owners of Village Creek Plaza, gave background on the project and said the sign program will be before the Planning Commission on December 5, 1989. He said the monument sign is in the public right of way and needs a special encroachment permit. He said the monument sign is important because it identifies to drivers that the center is there, and helps to direct people into the only entrance to the center. Council Member Moots expressed concern about sign programs not being approved with the rest of a development, about the monument sign being in the right-of-way and about the sign having to be removed when that intersection is improved. Council Member Olsen said a precedent could be set. It was moved by Olsen/Moots (3-0-2, Olsen, Moots and Smith voting aye, Dougall and Millis not voting because of conflict of interest) to deny the encroachment permit for the monument sign. Council Member Smith said she would like the Planning Commission to discuss where the sign may be placed other than in the public right-of-way. 10. BITTEN COMMUNICATIONS Mr. Christiansen said the City had received a letter from Attorney Steve Cool, who represents Royal Oaks Subdivision, a California Limited Partnership, saying that Royal Oaks has now determined to proceed with the escrow which would give property located next to the Community Center to the City. 11. ORAL CQMMUNICATI= Mayor Millis presented a plaque to Council Member Olsen for her five years of service on the Arroyo Grande Planning Commission from June 14, 1983, to December 12, 1988. Mayor Millis directed Staff to look into and start working on some type of a recycling program for the City of Arroyo Grande. He suggested that other cities be contacted, and when Staff has enough information, bring it back to the Council for a public hearing. Council Member Olsen said a plan should be cost-effective for the City. Council Member Moots said he would want to see plastics recycled also. JOHN KEEN of 298 N. Elm Street gave sample recycling directories to the Council. 12, CLQ$ D SESSION The Council adjourned at 9:02 P.M. to a Closed Session pursuant to the Government Code on the pending litigation that is Case No. 67371. 2 CITY COUNCIL NOVEMBER 28, 1989 13, AO-OURNMENT The Council reconvened at 9:17 P.M., and it was moved by Olsen/Moots, and unanimously approved, to immediately adjourn. ATTEST: CITY CLERK MAYOR