Minutes 1989-11-28
-.-.... ~
..........
MINUTES
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.
ROLL CALL
Present were Mayor Millis and Council Members A. K. "Pete"
Dougall, Gene Moots, Doris Olsen and B'Ann Smith.
,4. ORAL COMM11.HI..CAnO.N.S
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 l, 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.
~ONSENT AGEHDA
Mayor Millis announced that Item S.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.
S.E. Progress Payment No. 3, Arroyo Grande Police station
Renovation, Project No. 754, and Change Order No. 1. Approved.
5.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 5.A. proclamation, "B1l1 of R1ghts 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. PUDL_I_G-.H.E.NU.R<i....::..J~.~:r.E1'!.sJ:9..~.-.QfJ.liT-ERu:umm;H.C_y.....QRO_:r..Rl\.RC.1L~...Q.~_1
9_'-~Jl.C.!:L@.!2I1!M.J:;JLP..EQI:.IJ1U..'r..~~!:_c.!::.r3-M.C.JLJ}N.P. CON::iID_EJ~A'L:r..QLQl':.
.Z_QJ:lJ:;__Q!MI<i.!::_~Jdili.I2_I2~~-----.l!!lI.I.tPJJ.:I~J;;RMIIS . ARgjU.~C.TJJMJ.!
B1IT:r..~~cr~J!_J2.ESI_G!'!~MI2ABDS . NlD COND~Js..L~EFJ:'Ill~.
W_I:rjUJl_bHj:;~--'2I>_:u..yll.1m~!L..QH-JH1t-~KJillAJ,,---FJ.,._{\~D.x1lH::H.1..C.ll
~_~J'i.V)\l, (l4 J;)~.E)J~~~LbHD..L9JLbm:;6UQH&tLf.QtUi::
2-L~Rs..V.~T TO ~~~~LQM 65858 OF THE CALIFORNIA GOVERNMENT CODE).
WITH C;::~.B.IA.ll:LJ>'x!:-E.J?..n.QWi
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, Moots,
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,
Buildinq 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.
B . A. U_~!L_91L~BI.RyJ>~.1'.BEJ~.T~U~
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 CAMINO MERCADO
No Report.
.8.C. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND
~~NUE/TRAFFIC WAY AND WESLEY STREET
No Report.
~.D. POLICE FACILITY EXPANSION
Mr. Christiansen said the renovation is four to six weeks
ahead of schedule.
2.A. l'\fF..Q~OF PHILIP ROMERO TO THE SENIOR ADVISORY.
cOMMISSIQ~ TERM EXPIRES JUNE 30. 1990 (FILLING UNEXPIRED TERM QX
~QRMER SENIQR ADVISORY COMMISSIONER BERNARD B~
Mayor Millis nominated Mr. Romero to the Senior Advisory
Commission and the Council affirmed his nomination.
!}..J3 . LETTER OF REOUEST FROM J.M. MCGILLIS. P~JECT COORDINATOR,
TRACT Np. 1769. TO MEET WITH THE CITY COUNCIL PRIOR TO J^KUARY 23.
.1..2..20 ~ PROJECT LOCATED ON F~LL AVENt,lE AT WEST CITY LIMI'r LTItJ::
Council Member Dougall said he may have a Conflict ot Interest
on this matter and left the dais.
JIM MCGILLIS, surveyor for San Luis Engineering, asked the
Council to reconsider its denial of the 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
agricul ture 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.
.2....~OF JOHN CLARK OF THE VIU..AGE MERCHANTS IMPRO~:r
AS..S.QCIATIOH TO INCREASF. LUMINS ON ELEVEN LIGH'l' S'l'^ND^I\D~
VILLAGE
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 11 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. Mr. Clark said the Viilage
3
_.
CITY COUNCIL
NOVEMBER 28, 1989
Association would be willing to contribute a portion or 50 percent
of the C9st 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.
2...P~~ION_D"CLAE:rn..G UJ::J'!S TO DE PLAc:&tLQN A 5l!RPLUS l(rST AND
DONATED_TO AlLO:rH.I:m-GQYJ;;.BID:f~NT"'L.hGENCY; "SANTA COP PROGRMe
It was moved by Moots/SlIIith (5-0-0, Moots, Smi th 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.
.9_..E-,-WITTJ~:\LQE....RE;.QV.~'t.J.'.RQ.J:{ PET!m-.C.. MILL.r:;U.<UiET A DAXlLMiILTl..~.E.
J':O.L.A__O]_Q.U!::L.s1'Jl.ID'~S_SIQN Ol'-XI:JE q;.1'.Y COUNJ~.IL ^I':ID PLAI':lJi.:t.RG.
S;:P}'1U.:i~ION REGARDING THE UNPLANNED AREA OF THE RANCHO GAANDE
PROJE~_T.
KEITH GURNEE of RRM Design Group said the purpose of the
request for the joint City cpuncil/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 !laid, in other words, it should
commence with the normal application through the Planning
commission, etc.
counoil exprAseod oono.rns about planninq the project (or the
developers, giving approval prior to the public hearing, settinq
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.
~UTION DESIGNATING A ~DMARK TREE. 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.
.2......G. LETTER OF REOUEST FROM OWNERS OF VILLAGE CREEK PLAZA. PHASE
III. FOR A SPECIAL E~ACHMENT PERMIT TO ~LLOW A MONUMENT SIGN IN
THE TRAFFIC-WAY 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 baing 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. WRITTEN 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 COMMUNICATIQRa
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.
l2. CLO~ SESSION
'I'he 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.
5
.- ~-
CITY COUNCIL
NOVEMBER 28, 1989
13. ADJOURNMEt{T
':fhe Council reconvened at 9: 17 P.M., and it was moved by.
Olsen/Moots, and unanimously approved, to immediately adjourn.
MAYOR
ATTEST:
CITY CLERK