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HomeMy WebLinkAboutMinutes 1990-06-26272 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUNE 261 1990 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. Paul Jones delivered the invocation. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. Staff members present were City Manager Chris Christiansen, City Attorney Judy Skousen, City Clerk Nancy Davis, Public Works Director Paul Karp, Planning Director Doreen Liberto-Blanck, Police Chief Rick TerBorch and Long Range Planner Sandy Bierdzinski. CONSENT AGENDA It was moved by Dougall/Smith, and the motion passed to approve Consent Agenda Items 5.A. and S.B., with the recommended courses of action. 5.A. Acquisition and Installation of Recorder Time Stamp and Second Recording Deck for Call Recorder; Police Department; Budgeted Items, 1989-90 and 1990-91. Approved. 5.B. Approval of Retaining Graphic Artist; Theme and Logo for Water Conservation Program. Approved. 6. REGISTER OF CHECKS It was moved by Dougall/Olsen, and the motion passed, to approve the cash disbursements in the total amount of $227,694.27, as contained in the June 20, 1990 Staff Report of Finance Director David Bacon. LARRY D. GIN Ms. Liberto-Blanck referred to her Staff Report of June 26, 1990. She discussed the reason for the appeal, the existing site and surrounding conditions, the proposed project, an analysis of the project, and the reasons for the Planning Commission denial. She said the applicant indicated that Planning Commissioner Drew Brandy, who works for the Department of Fish and Game, should have disqualified himself on any issue concerning creek access due to a conflict of interest. She said the City Attorney has said that the only time a Planning Commissioner has to disqualify her/himself is when she/he has a financial conflict of interest in accordance with the Fair Political Practices Act, and Commissioner Brandy has not declared that he would have a financial conflict of interest due to this project. Ms. Liberto-Blanck showed the proposed design of the project on the wall, and pointed out the location of Condition for Approval No. 19, a sewer access easement. 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 this matter. 273 CITY COUNCIL MINUTES JUNE 26, 1990 Speaking on behalf of the project were, DONALD ABEL, son of the owner of the property, who showed the Council photographs of some properties bordering the creek and of his Mother's home which she is selling to pay expenses; LARRY GIN, applicant; JIM MCGILLIS, surveyor for San Luis Engineering; JACK HILL of 1120 Flora Road, and STEVE COOL, attorney for the applicant. Mr. Cool presented for the record a June 19, 1990 letter to the Council from Marguerite Abel, owner of the property; a June 26, 1990 letter from Stephen and Tisha Clark, who live on the corner of Alpine Street and Cerro Vista, and six pictures showing flag lots in the area of the proposed project. Speaking against the proposed project were BERNARD LANDSMAN of 579 Newman Drive; KATHY WENDELL of 613 Cerro Vista Circle, and PAUL CUELLAR of 590 Cerro Vista Lane. Issues discussed by those for and against the project were, (1) the consistency of the project design with the rest of the neighborhood, (2) the possible disturbance of the wildlife habitat and the environment, (3) the number of lots in the proposed development, (4) the open space area to be dedicated to the City, (5) the flag lot design and (6) the Traffic Mitigation Fee to be paid by the applicant. When no one further came forward to speak, the Mayor closed the hearing to the floor. After Council discussion, it was moved by Smith/Olsen, and the motion passed, to uphold the denial of the Planning Commission; continue the agenda item and public hearing to July 10, 1990; instruct Staff to respond to the information presented during the public hearing, and return with a resolution which includes findings for denial. NOT LIMITED TO, LOT SPLITS AND/OR SECOND UNITS: CITYWIDE Mr. Christiansen referred to the June 26, 1990 Staff Report of the Planning Director, who recommended that the extension be adopted. There were questions of Staff by the Council. 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, he closed the Hearing to the floor. Council Members discussed a shorter time period for the extension because they wished the Planning Commission to develop a City Water Plan as soon as possible. However, they decided to take a conservative approach and adopt the 10 month and 15 day time period. They requested that the Planning Commission work as quickly as possible on the Water Plan. Ms. Liberto-Blanck said the Commission will consider a draft .plan on July 3, 1990. It was moved by Olsen/Moots (5-0-0, Olsen, Moots, Dougall, Smith and Millis voting aye) to Adopt Interim Urgency ordinance No. 423 C.S. Extending the Suspension of Certain Development Processing, Including But Not Limited to, Lot Splits and/or Second Units. 2 CITY COUNCIL MINUTES JUNE 26, 1990 Mr. Christiansen referred to the June 26, 1990 Staff Report of the Planning Director, who recommended that the Council adopt the Ordinance amending the zoning ordinance. 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, he closed the hearing to the floor. It was moved by Smith/Dougall (5-0-0, Smith, Dougall Olsen, Moots and Millis voting aye) to. adopt Ordinance No. 424 C.S. Extending an Amendment to 'the Zoning Ordinance Requiring Conditional Use Permit Review of Certain Commercial and Industrial Projects. ARCHITECTURAL RECOMMENDATIONS TO THE PLANNING COMMISSION- CITY COUNCI_L•, AND PLANNING DIRECTOR: CITYWIDE Mr. Christiansen referred to the June 26, 1990 Staff Report of the Planning Director, who recommended that the Council hold a first reading of the Ordinance establishing an Architectural Advisory Committee. Ms. Liberto-Blanck said that the Planning Commission has expressed an interest in establishment of the committee to assist in reviewing architectural and sign applications. There were Council questions of Staff. 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. DREW BRANDY, Planning Commissioner, said the Planning Commission could use the assistance of an Architectural Advisory Committee, which would help the City to have a consistent and eye - appealing style in the neighborhoods and commercial areas. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. Council Members discussed the duties of the Committee, and decided to set up a six month review date so that the effectiveness of the Committee could be judged. Council Members decided to reword the Ordinance in the following manner: (1) Second sentence of the Ordinance shall read, "SECTION 1: Article 27 of the Municipal code of the City of Arroyo Grande is hereby amended to read as follows:" (2) Page 2, Paragraph C.2., Line 1, add the word "Desirable" in front of "Qualifications of Committee Members," and Line 2, change the word "shall" to "should." (3) Page 2, Paragraph C.6., last sentence to read, "All the meetings shall be held in public at City Hall, unless otherwise noticed." Mr. Christiansen read the title of the amended Ordinance establishing an Architectural Advisory Committee. Council Members voted to dispense with further reading of the Ordinance. Mayor Millis said that constituted the first reading. 3 275 CITY COUNCIL MINUTES JUNE 26, 1990 A.A. HOOK RAMPS AT CHINO MERCADO Mr. Karp said he would report on FAU funding for this project at the Council meeting of July 10, 1990. No Report. S.C. GRAND AVENUE (ELM STR6A4 TO j &WYYQN ROAD) IHEROVEMENTS Mr. Karp said the bids would be opened and the project could be awarded at the Council meeting of July 10, 1990. B.D. PROPERTY TRANSFER - FIVE ACRES No Report. QUA. DECLARATION QF SURPLUA EQU PI MENT It was moved by Smith/Dougall, (5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to approve Resolution No. 2404 Declaring a Surplus Item to be Disposed Of. 9.B. BUS BENCHES. AS REOUgaTED BY THE ARROYO GRANDE CHAMBER OF COMMERCE Mr. Christiansen referred to his memorandum of June 21, 1990 and recommended the Council approve the benches with the following conditions: (1) $500,000 of insurance holding the City harmless. (2) No tobacco lior alcohol advertising. (3) That all benches will be kept in good repair. (4) That all advertising copy must be approved by the City Manager and Planning Director. (5) That the Public Works Director approve locations in accordance with safety standards. Council Member Moots requested that there be benches at all bus stops. It was moved by Smith/Dougall, and the motion passed, to approve Mr. Christiansen's recommendation. Mr. Christiansen referred to his memorandum of June 21, 1990 and recommended that the Council approve the retaining wall with the following conditions: (1) The retaining wall to be designed by a Civil Engineer. (2) Retaining wall will not create any drainage problems to adjacent properties, existing drainage swales and structures. (3) Construction shall be inspected by the Building Department. It was moved by Smith/Moots to approve the retaining wall with the conditions recommended by Mr. Christiansen. JAMES SHEPARD requested relief from condition (1) and said the wall was approved and engineered according to City standards. 4 276 CITY COUNCIL MINUTES JUNE 24, 1990 The Public Works Director said he would like an engineer to review the wall design, and requested that condition (1) remain as listed. The Council voted unanimously to approve the recommendation with the conditions (1), (2) and (3) as listed. The Planning Director spoke on behalf of the Planning Commission and said the County is ignoring some of the City's concerns regarding water usage on projects being approved just outside the city's boundaries. She said the Commission has requested that the Council meet with the Fourth District Supervisor to discuss a County policy which would require as part of the environmental review, an analysis of water usage concerning water on all County projects impacting the City. The City Attorney said that one action the Planning Commission could recommend to the Council is for the City to protest an inadequate environmental analysis, and then file a suit with the Attorney General saying that the environmental determination is inadequate. The Council agreed that letters to the County are being ignored, and decided to take the matter under advisement. Mayor Millis directed Staff to put any County projects impacting the City on the Council Agenda. He said the Council then could decide what action to take. Council Member Smith suggested that County projects that impact the Cities should be discussed at the Mayors' meeting, and Mayor Millis directed Staff to request that this be an agenda item for the Mayors. Mayor Millis directed Staff to thank the Planning Commission for the work being done on a water plan for the City. COMPENSATION STUDY Mr. Christiansen said one minor exclusion from the resolution list of positions should be Associate Planner. He said there is an appeal in progress. It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Moots, Olsen and Millis voting aye) to approve amended Resolution No. 2405 Amending Resolutions Nos. 2324 and 2328, Which Adopted a Memorandum of Understanding Between the City and the S.E.I.U. Group for the Years 1989-90 and 1990-918 by Adding Results of the Becker and Bell Classification and Compensation Study for 1990-91. 10 WRITTEN COMMUNICATIONS Mr. Christiansen said an emergency item had come up after the agenda was printed and requested that the Council vote to take up the matter. It was moved by Olsen/Smith (5-0-0, Olsen, Smith, Dougall, Moots and Millis voting aye) to discuss an emergency item concerning a requested Fourth. of July block party from 3 to 10:00 P.M. on Turquoise Drive (between 800 and 841 addresses). It was moved by Olsen/Moots, and the motion passed, to approve the block party on Turquoise, and to authorize the City Manager to approve any other requests for the July 4, 1990 block parties, provided all City health and safety requirements are met. 5 277 CITY COUNCIL MINUTES JUNE 26, 1990 11, ORAL CQH=TC TIONS Mayor Millis said it is his intention at the next Council meeting to move Jim Souza from the Parking and Traffic -Commission to the Planning Commission. Mayor Millis said the City is saddened by the passing of Assemblyman Eric Seastrand. He said the City flags had been at half-mast in his honor. He read a letter .to Mrs. Seastrand expressing the City's sorrow at her loss. Council Member Moots said the Clark Police Center was opened the day of this meeting, and congratulated the Police on the new building and operation. APJQWWMEMT It was moved by Moots/Smith, the meeting at 10:02 P.M. and the motion passed, to adjourn K. 1^ M. MILLIS, Y R ATTEST: NANCY A. AVIS, CITY CLERK M N