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HomeMy WebLinkAboutMinutes 1992-10-13MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 13, 1992 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council of the City of Arroyo Grande met at 7:30 P.M., with Mayor Mark M. Millis presiding. 2 FLAG SALUTE AND TNVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Paul Jones of Pismo Beach delivered the invocation. ft . ROLL. CALL Present were Mayor Millis and Council Members A. K. "Pete" Douqall, Matthew P. "Pete" Gallagher and B•Ann Smith. Council Member. Gene Moots was absent. Staff Members present were City J Manager Chris Christiansen, City Attorney Judy Skousen, City Clerk Nancy Davis, Public Works Director Van Laurn and Current Planner Scott Spierling. 4, OgAL COMMUNICATIONS DENISE COZZA of 515 Nelson Street spoke about an erosion problem that is affecting her property. She said she not with City officials one month ago and has been waiting for help and guidance in remedying the erosion problem. She asked for a response from the City. ISA CONSENT AGENDA It was moved by Dougall/Gallagher, and the motion passed unanimously to approve Consent Agenda Items S.A. through 5.H., with the recommended courses of action. S.A. September 221 19920 Joint Public Hearing/workshop of City Council and Planning Commission. Approved. S.B. September 22, 1992, City Council Minutes. Approved- S .C. September, 19920 Investment Report. Information. S.D. Third Quarter, 1992, Sales Tax Revenue Report. Information. 5.E. Liability Claim, hurt Berger and Mark Wandler. Rejection recommended. S.F. Progress Payment No. 3 for Construction of Well No. 9; Water Treatment Facility; Project No. 60-92-2. Approved. S.G. Request Approval of Tow Service Bid; Police Department; 1992- 93 Budgeted Item. Low bid award approved- S.H. Award of Bid for Chemicals and Fertilizers; Parks Department; 1992-93 Budgeted Item. Low Bid Award approved. 6- REGISTER OF CHECKS It was moved by Dougall/Smith, and the motion passed unanimously to approve cash disbursements in the amount of $448,325.71, as listed in the October 8, 1992, Staff Report of Finance Director David Bacon. Mr. Spierling referred to the October 13, 19928 Staff Report of the Planning Director. He said the Planning Commission recommended that the City Council deny the appeal made by Mr. Diep. After being assured that the Public Hearing had been duly 1 noticed and all legal requirements not, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. Speaking in favor of the appeal was the appellant HUE C. DIEP, the project's architect GREG SOTO, and builder EMIL BRAUGM. Their arguments were based on the appellants need for more living space, that fewer people are now living in the rental on the appellantos property, that the neighborhood already has two-story structures, that other homes in the neighborhood have covered large areas of their lots with buildings, and that windows looking east would be removed from the new structure design. MR. SOTO showed the Council photographs of the two-story structures already built in the neighborhood. Speaking against the appeal were PAUL QUINLAN of 511 Cornwall, RIM BURD of 515 Cornwall, THELMA SPOHN of 517 Cornwall and LOUIS BRAZIL of 603 Cornwall. Mr. Quinlan read a letter from another neighbor KEVIN MC BRIDE of 605 Cornwall. Their arguments were based on the second story overpowering the "cottage type" neighborhood, the privacy issue, that the lot coverage is too great, and that there is not enough parking. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. Council Members said the second story would not conform with the neighborhood, that the project should be redesigned, that the lot coverage is too great and that parking is inadequate. It was moved by Smith/Dougall (4-0-1, Smith, Dougall, Gallagher and Millis voting aye, Moots absent) to approve Resolution No. 2952 Upholding the Planning Commission's Denial of Viewshed Review Case No. 92-378 Applied for by Hue C. Diep, for a Second Story Addition to a Single Family Residence Located at 116 Bell Street. It was moved by Dougall/Smith (4-0-1. Dougall, Smith, Gallagher and Millis voting aye.. Moots absent) to adopt Ordinance No. 452 C.S. Amending Municipal Code Title 3, Chapter 1 regarding business licensing, Chapter 2 Regarding Funds, and Chapter 3 Regarding Taxes; and Title 50 Chapter 10 Regarding Taxicab Drivers, Chapter 12 Regarding Bingo Games, Chapter 13 Regarding Parents' Responsibility for Loitering Minors. AT WR AKQ-.AVENUE It was moved by Dougall/Smith (4-0-1, Dougall, Smith, Gallagher and Millis voting aye, Moots absent) to approve Resolution No. 2953 Supporting Proposition 116 Funding of Bicycle and Pedestrian Routes; Bicycle Bridge Along Fair Oaks Boulevard. Mr. Christiansen referred to the October 13, 1992, Staff Report of the Planning Director, who recommended that the City enter into a contract with Crawford, Multari & Starr to update the Housing Element, prepare a Comprehensive Housing Affordability Strategy and conduct environmental review for $13,650. It was moved by Dougall/Gallagher, and the motion was passed unanimously to approve the awarding of abovenoted contract to Crawford, Multari & Starr in the amount of $13,650. .. . 9-CSCHOOL CROSSING GUARDSs MARGARET HARLOEijND OCEAN VIEW SCHOOLS Mayor Millis said he may have a conflict of interest on this matter and left the room. Council Member Smith presided. Mr. Christiansen referred to the October 7, 1992, Staff Report of Chief of Police Rick TerBorch, who recommended that the Council approve a third crossing guard to be assigned to Ocean View School, and in doing so, Lucia Mar School District would pay one-half of the entire Crossing Guard Program, resulting in a savings of approximately $2,622 from the current cost of the program. It was moved by Gallagher/Douqall, and the motion passed with Gallagher, Douqall and Smith voting aye and Millis and Moots absent, to approve the recommendation of the Chief of Police. Mayor Millis returned to the dais. 9.D. APPROVAL OF AGREEMENT FOR RFIMgL7PSFMENT OF STATE-TArAL PARTNERSHIP PROGRAM Mr. Christiansen said this item was removed from the agenda. 9.E. TRACT 1997 GRADING APPROVAL (PHASE II. RANCHO GRANDEI Mayor Millis said he may have a conflict of interest on this matter because of the financial connection between Rancho Grande and Mid -State Bank, in which he owns stock. Council Member Smith presided. Mr. Christiansen said that according to papers received from the representative of the owners of Rancho Grande, Mid -State Bank no longer has an interest in the tract. Mayor Millis said the Fair Political Practices Commission has said that there is a conflict if there is a financial interest within 12 months, and there certainly has been an interest within that time. He said he would have to have a verified letter from the FPPC saying he could vote in this matter. He said otherwise he would step aside. Council Member Gallagher read from a copy of the California Conflict of Interest Laws for Public Officials that said the third component of a conflict of interest is whether the effect of the decision on the official -Is economic interest would be "material." He read that the effect would be "material" when an official has a financial interest of $1,000 or more or which is a source of income worth $250 or more to the official in the last 12 months, and the source is directly involved in a decision before the off icialls agency. He said this would indicate that the words "within the last 12 months" would create a conflict of interest. He said the best course of action was to wait until Council Member Moots returns. The City Attorney said it was up to each Council Member to decide whether he or she had a conflict of interest. She said the only real advice should come from the FPPC. Council Member Douqall said if the paper referred to by the City Manager states that Mid -State Bank no longer has any involvement in the tract and the applicant needs to do some grading to get his project started, he did not want to stand in the way of progress. Council Member Smith recognized PETS MILLER, general representative for the owners of Rancho Grande. He said the Conflict of Interest Code provides that an official has a financial interest if it is reasonably foreseeable that the decision will have a material financial effect on the official or his or her immediate family or on any source of income aggregating $250 or more in value provided to, promised to or received by the official within 12 months prior to the time the decision is made. He said Mid -State Bank is the source of income and is totally uninvolved in 3 the tract. He said no decision made at the meeting would effect Kid -State Bank in any way and therefore not effect any Council Member who has any interest in Mid -State Bank. He said if the Council delays a decision two weeks it would mean a great deal to the City's economy. He said grading work needs to begin before the winter rains. Council Member Dougall asked the City Attorney about whether the grading would create a financial interest and the 12 month problem if Mid -State Bank is no longer involved in the project. The City Attorney said since Kid -State is no longer involved in the project, the grading would not affect Kid -State Bank in any way. She said, however, that she had not had a chance to go through all the details and was advising that it should be the Council Member0s decision to make. Council Member Dougall said the Council should go ahead with consideration of the request for grading. Council Member Gallagher said he wanted it on the record that these Council proceedings would be a potential conflict of interest for the City. Kr. Christiansen referred to the October 9, 1992, Staff Report of Public Works Director Van Laurn, who recommended that the City Council authorize his to issue a grading permit for Tract 1997 subject to an approved erosion control plan. Mr. Christiansen said the rough grading should be done by December, 1992. Council Members questioned the Public Works Director concerning the risks of grading this time of year, the erosion control plan, the length of time the grading will take, and planting for erosion control. They said the Public Works Director should be on site to take preventative actions against erosion, and to stop the grading if necessary. Mr. Laurn said there is some risk of erosion on the slopes adjacent to James Way, but that he would be monitoring the work on a day by day basis. It was moved by Gallagher/Dougall to approve the issuance of a grading permit for Tract 1997 contingent on a strict erosion plan and the developer's acceptance of Staff details and conditions. The motion passed with Gallagher, Dougall and Smith voting aye and Millis and Moots absent. Mayor Millis returned to the dais. pltlmJ) 4 ' . • .��1 1� • . 12. CL�aFn a .aaION None. 13, . ADLIOUMENT It was moved by Dougall/Smith, and the motion passed unanimously to adjourn the meeting at 8:35 P.M. M. I , MAYOR ATTEST: fl"ew= a • Qzmf d% NANCY A. IAVIS, CITY CLERK 4