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Minutes 1989-05-23 " MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 23, 1989 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met in regular session 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. Phil Young of First AssemPly of God Church delivered the invocation. ROLL CALL Present were Mayor Millis and Council MemPers A. K. "Pete" Dougall, Gene Moots and Doris Olsen. Absent was Council MemPer B'Ann smith. ORAL COMMUNICATIONS None 5. CONSENT AGENDA It was moved by Dougall/Olsen (Smith absent) and the motion passed to approve Items 5.a., 5.b. and 5.c., with the recommended courses of action. 5.a. May 9, 1989, City Council Minutes. Approved. S.b. Arroyo Grande Population Change. Information. 5.e. Presentation of 1989-90 Proposed Budget. Received. 6. REGISTER OF WARRANTS It was moved by Dougall/Olsen and the motion passed to approve the Cash Disbursements as presented in the May 18, 1989 Staff Report of Finance Director David Bacon. 7.A. PUBLIC HEARING - REVISION TO CONDITIONAL USE PERMIT CASE NO. 88-446. REVISION TO SIGN PLAN. 1450 III. BRANCH STREET. OAK PARK HOME DESIGN CENTER Current Planner Scott Spierling referred to the May 23, 1989 Staff Report of the Planning Director. He said that the Planning Commission was disturbed by the fact that the sign was installed without first gaining approval, but it was the general consensus that the size and design of the sign was fine. He said the Planning Commission recommended that the Council adopt a resolution approving the Conditional Use Permit for a Revised Planned Sign Program. 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. TRINI AMADOR of 620 N. Broadway, Santa Maria, owner of the design center, said that approval of the change in type of sign had been approved verbally on the telephone. Mayor Millis closed the hearing to the floor. Council MemPer Moots questioned Mr. Amador and STEVE HAVENS of Sign Tec concerning who they had spoken to on the telephone to 1 ~ ." ., Minutes of the City Council May 23, 1989 get approval of the sign change. He said the City does not approve sign changes on the telephone. Council Member Moots said he was concerned by the dimensions of the sign and action a new owner of the property might take in the future concerning added signage. After further Council discussion, it was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots and Millis voting aye, Smith absent) to approve Resolution No. 2313 Amending Conditional Use Permit Case No. 88-446, Applied for by Oak Park Home Design Center, 1450 W. Branch Street, for a Revised Planned Sign Program, including the Findings listed in the Resolution. 7.B. PUB~IC HEARING - CONDITIONAL USE PERMIT CASE. NO. 89-451. TO ALLOW CONSTRUCTION OF SECOND RESIDENTIAL UNIT. 189 DEER TRAIL CIRCLE (BETH AND WAYNE PIERC~) Mr. Spierling referred to the May 23, 1989 Staff Report of the Planning Director, and said the Planning Commission had recommended that the city Council adopt a resolution which: 1) Approves Conditional Use Permit Case No. 89-451; 2) Approves Architectural Review Case No. 89-422; 3) Adopts a Negative Declaration, and 4) Instructs the city Clerk to file a Notice of Determination. 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. DON FURTICK of 183 Deer Trail Circle, representing the applicants, said that all Federal, State and city requirements had been met on this project, and offered to answer any questions. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. There were Council questions of Staff. Mayor Millis said the project was absolutely legal, but he was concerned about these second units in general and their cumulative effect with regard to water use. He requested Staff to follow closely the number of second units being processed through the city. It was moved by Dougall/Moots (4~0-1, Dougall, Moots, Olsen and Millis voting aye, Smith absent) to approve Resolution No. 2314 Approving Conditional Use Permit Case No. 89-451 and Architectural Review Case No. 89-422 Applied for by Beth and Wayne Pierce Located at 189 Deer Trail Circle and Adopting a Negative Declaration, and including planning Department and Parks and Recreation Department conditions listed therein. 8.A. HOOK RAMPS AT CAMINO MERCADO city Manager Chris Christiansen reported on the Freeway Agreement between the Ci ty and the State Department of Transportation with regard to the City of Arroyo Grande on Route 101 Between the South city Limit near El Campo Road and the North City Limit at Oak Park Boulevard. He said the agreement had been signed by City officials and returned to Caltrans. 8.B. WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY CIRCULATION Public Works Director Paul Karp said that the recommended design is being prepared as an exhibit for the city council and will be on the next Council meeting agenda. He said construction could begin in this calendar year if the city council allocates funding this fiscal year to begin design. He said a proposal for engineering design also will be presented at the next City Council meeting. 2 .--. ~ ' . Minutes of the city Council May 23, 1989 8.C. PROPOSED POLICE FACILITY EXPANSION Mr. Christiansen said the project is on schedule and the architect is doing working drawings. council Member Olsen requested that appropriate staff meet with the architect as soon as possible to give input. 8.D. DRAINAGE BASIN. VIA LA BARRANCA Mr. Christiansen referred to the May 16, 1989 Staff Report of Mr. Karp, who wrote that the pipe outlet for the drainage basin is in satisfactory condition and will operate as originally designed. He wrote that no immediate maintenance on this structure is required at this time. He wrote that paving of Via La Barranca in the area of the cul-de-sac will be repaired and other maintenance done. Mr. Christiansen said that most of the water has been pumped out of the drainage basin, and that the San Luis Obispo County Health Department has found no mosquito problems there. Council Member Dougall asked about the pond filling again, and Mr. Christiansen said that the pond was enlarged in order to take silting until vegetation grew in on the hillsides. He said as the pond silts up it will drain correctlY. Mr. Karp said that before the City takes over maintenance Of the pond he would have it graded to its full condition. 8.E. OFFICE PAPER RECYCLING PROGRAM City Clerk Nancy Davis referred to her Staff Report of May 2, 1989 and said the program is underway in all City departments, with employees placing their paper in small desk top boxes, then in larger bags in the offices and then into an outside container. She said that San Luis Recycling Company has a regular route in the South County and will be emptying the large outside box of recycled office paper once a week. Council Member Dougall said that the city is printing the City Council meeting agenda on recycled paper. He said a three phase system has to work...recycled paper is used, the paper is sent to the recycler and then the city buys more recycled paper. 9.A. SECOND READING OF ORDINANCE AMENDING THE MUNICIP~L CODE TO ADD AND AMEND FEES FOR PLANNING AND ENGINEERING PERMITS AND PROCESSING It was moved by Moots/Olsen (4-0-1, Moots, Olsen, Dougall and Millis voting aye, Smith absent) to adopt Ordinance No. 408 C.S. Amending the Arroyo Grande Municipal Code to Add and Amend Fees for Planning and Engineering Permits and Processing. 9.B. SECOND READING OF ORDINANCE AMENDING THE MUNICIPAL CODE TO ESTABLISH PROCEDURES AND REOUIREMENTS FOR PROCESSING DEVElDPMENT AGREEMENTS PURSUANT TO STATE GOVERNMENT CODE SECTION 65865 It was moved by olsen/Dougall (4-0-1, Olsen, Dougall, Moots and Millis voting aye, Smith absent) to adopt Ordinance No. 409 C. S. Amending the Arroyo Grande Municipal Code to Establish Procedures and Requirements for Processing Development Agreements (Govt. Code Section 65854). 9.C. SECOND READING OF ORDINANCE AMENDING THE MUNICIPAL CODE TITLE 2. CHAPTER 5 REGARDING POLICE DEPARTMENT DESIGNATED RESERVE OFFICERS It was moved by Olsen/Dougall (4-0-1, Olsen, Dougall, Moots and Millis voting aye, Smith absent) to adopt Ordinance No. 410 C.s. Amending the Municipal Code Title 2, Chapter 5 Regarding Police Department Designated Reserve Officers. 3 . Minutes of City Council May 23, 1989 9.D. REVISION TO CITY MUNICIPAL CODE SECTION 6-1.44. IMPOUNDING AND DISPOSITION OF STRAY OR ABANDONED CATS Mr. Christiansen referred to his May 19, 1989 memo and Minute presented two alternatives for consideration. 1. Delete the following: "Any cat found trespassing on any private property in the City may be taken up by the owner or possessor of the property and be delivered to the Poundmaster or be detained on the property until picked up the Poundmaster." OR 2. Delete No.1, above, and amend to read as follows: "No trapping or baiting of cats is allowed within the corporate limits of the city." Mayor Millis recommended that the Council hold an advertised Public Hearing so that everyone in the community who has an opinion on this matter could come and express that opinion. The other Council Members agreed. It was moved by OlsenjMoots and the motion passed to hold an advertised Public Hearing. The City Clerk was directed to include in the notice the last two sentences of Municipal Code Sec. 6-1.44, and a statement that the Council will be considering "keeping, deleting or amending" the Code section. 10.A. APPOINTMENT OF STANLEY IKEDA TO THE PARKS AND RECREATION COMMISSION: TERM EXPIRES JUNE 30. 1989 (FILLING THE UNEXPIRED TERM OF FORMER PARKS AND RECREATION COMMISSIONER JACK HILL) Mayor Millis nominated Mr. Ikeda for appointment to the Parks and Recreation Commission. The city Council approved that appointment by voting aye. Mayor Millis said Mr. Ikeda's term of office would expire June 30, 1989 and that it was his intention to nominate him for a full three-year term. 10.B. NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF PUBLIC NUISANCE. WILKINSON MARKET After Council discussion, it was moved by Moots/Dougall (4-0- 1, Moots, Dougall, Olsen and Millis voting aye, Smith absent) to approve Resolution No. 2315 That a PUblic Nuisance May Exist at 120 E. Branch Street. The Public Hearing was set for June 13, 1989. 10.C. PLAN LINE FOR CORBETT CANYON ROAD BETWEEN STATE HIGHWAY 227 AND THE NORTHWESTERLY CITY LIMITS Mr. Karp said that this is the procedure is similar to that approved by previous city Attorneys, but may not represent current case law. He referred to his Staff Report of May 17, 1989 and recommended that the city council authorize the Staff to use the Plan Line for Corbett canyon Road dated May 15, 1989 in approving project plans adjacent to Corbett Canyon Road between State Highway 227 and the Northwesterly City Limits. He listed four features of the proposal. 1. Improvement of stopping sight distance for the intersection of Gularte Road at Corbett Canyon. 2. Construction that would minimize the amount of grading necessary to accommodate a safe roadway. 3. Realignment of the proposed right of way away from four oak trees which presently lie wi thin the existing right of way for 4 .----- ~. Minutes of City Council May 23, 1989 Corbett Canyon Road, but the proposal will eventually call for removal of four oak trees which lie within the proposed realignment roadway. 4. Conformation for the most part with portions of the improved road which lie adjacent to the state right of way for Highway 227 and adjacent to the County right of way for Corbett Canyon Road outside the city limits. He said the plan line meets the needs of the city of Arroyo Grande for this stretch of roadway within the City limits. After Council questions, it was moved by Moots/Dougall and the motion passed to approve Mr. Karp's recommendation. 10.D. REOUEST FOR JOINT MEETING BETWEEN CITY COUNCIL AND PLANNING COMMISSION TO ASSIST IN PREPARING LAND USE MAP OF THE GENERAL PLAN Planning Director Doreen Liberto-Blanck suggested that June 19, 1989 as a date for the joint meeting between the City Council, Planning Commission and General Plan consultant to discuss preparing the preferred alternative Land Use Map to the General Plan. The city Council agreed to that date. Mayor Millis said the June 13, 1989 meeting would be adjourned to the meeting of June 19, 1989. lO.Ea AOOPTYON OF 1989-90 EXPENDTTURR APPROPR7ATION LIMIT It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots and Millis voting aye, Smith absent) to approve Resolution No. 2316 Adopting a Tax Proceeds Expenditure Appropriation Limit for Fiscal Year 1989-1990. 10.F. REOUEST OF J.H. BRADSHAW FOR A SIX FOOT (6'\ RETAINING WALL Mr. Christiansen referred to his May 18, 1989 memo and recommended that the Council approve the six foot retaining wall for Lot 115, Royal Oaks subdivision. After Council questions and discussion, it was moved by Olsen/Dougall and the motion passed to approve Mr. Christiansen's recommendation. 10.G. REOUEST FOR AUTHORIZATION TO DESTROY POLICE DEPARTMENT RECORDS Mr. Christiansen referred to the May 18, 1989 request from Police Chief Jim Clark that the Council approve a City resolution authorizing the Police Department to purge certain Police records. After Council questions, it was moved by Dougall/Olsen (4-0- 1, Dougall, Olsen, Moots and Millis voting aye, Smith absent) to approve Resolution No. 2317 Authorizing the Destruction of Records Pursuant to City Police Department General Order No. 020. WRITTEN COMMUNICATIONS None ORAL CO~ICATIONS It was moved by Olsen/Dougall (4-0-1, Olsen, Dougall, Moots and Millis voting aye, Smith absent) to discuss as an emergency item the Reactivation of the South county Water Association. Council Member Olsen made available to Council Members copies of the San Luis Obispo County Flood Control and Water Conservation District Zone 3 - Lopez Project Monthly Operations Report for April, 1989. She said at the Zone 3 meeting it was suggested that the South county Water Association be reactivated. She said the City of Arroyo Grande should not participate in the renegotiation or adjudication of water if the meetings are not open to the pUblic 5 - -- - Minutes of city council May 23, 1989 and advertized in advance. She also pointed out that neighboring cities have been fully aware for a long time that they are approaching a water shortage, yet they continue to build at an accelerated pace. She asked for direction from the Council. It was moved by Dougall/Moots and the motion passed to inform the South county Water Association, if it is reactivated, that the city of Arroyo Grande will participate only if the meetings are open to the public and advertised in the newspapers in advance. Council Member Olsen asked the Council for direction on how to vote if the adjudication figures are revised and how to keep tract of any revisions. Mr. Karp pointed out that a new delegate should be appointed from Arroyo Grande, and Mayor Millis appointed Council Member Olsen as the delegate and Mr. Karp as the alternate. Council Member Olsen asked questions about ground water use and new wells. There was discussion of allocation of the water, the area covered by the ground water basin and sUb-basin, and the usage of water by neighboring cities. Mayor Millis said that the loser in a water shortage would be agriculture. Mayor Millis said the ci ty would participate in the south County Water Association meetings under the following conditions: 1. The meetings would be open to the public and advertised in advance. 2. Council Member Olsen would be the delegate from Arroyo Grande. 3. Council Member Olsen would attend the first meeting, listen to the proceedings, and return to the council for direction. 4. Mr. Karp would be present at the meeting. ADJOURNMENT TO CLOSED SESSION Mayor Millis adjourned the meeting at 8:56 P.M. to a Closed Session on personnel and litigation. ADJOURNMENT The Council reconvened at 10:50 P.M. and immediately adjourned to regular meetings on May 30 and 31, 1989. MAYOR ATTEST: CITY CLERK