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Minutes 1988-05-24 . ",,, '., . ,.... n .," " ',' ".,. .. "., -, .r . . I ' , \ MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 24, 1988 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA FLAG SALUTE AND INVOCATION Mayor Mankins led the Pledge of Allegiance to our Flag, and the Rev. Virgil Glocheski delivered the invocation. PUBLIC APPEARANCES None. CONSENT AGENDA Council Member Johnson said the City Staff should check the surplus list for items which could be used. Council Member Millis asked that the trophy cabinet on the list be saved for use by the City. Moved by Johnson/Porter (5.0.0) to approve Consent Agenda Items C.1. through C.8., with the recommended courses of action. C.1. '.,April 26, 1988, City Council Minutes. Approved.. . C.2. May 3, 1988, City Council 8udget Session Minutes. Approved. C.3. May 10, 1988, City Council Budget Session Minutes. Approved. C.4. May 17, 1988, City Council Budget Session Minutes. Approved. C.5. Declaration of Surplus Items. Declared and Approved. C.6. Award of Bid, Repair of Roof Leak, Council Chambers. Awarded to low Bidder. C.? Award of Bid, Community Center Maintenance Contract. Awarded to Low Bidder. C.S. Amending the Updating City Zoning Ordinance. Approved. Public Hearings PUBLIC HEARING TO CONSIDER THE PRELIMINARY DRAFT OF SAN LUIS OBISPO COUNTY HAZARDOUS WASTE MANAGEMENT PLAN Long Range Planner Sandy Bierdzinski referred to a memo on "Preliminary Draft, County Hazardous Waste Management Plan" from Fire Chief Dou9 Hamp and Planning and Building Director Doreen Liberto.8lahck. Ms. Bierdzinski said the recommendation to the City Council was to SOlicit public comments on the preliminary draft of the Plan for transmittal to the County Health Agency, Environmental Division. She gave background on the law, told what the draft plan includes and said the City Staff had analysed the plan and made comments. ROBERT HOLDEN, County Supervising Environmental Health Officer, presented a slide program on the characteristics of hazardous waste, what is needed to have safe treatment and disposal, and what is needed for compliance with the law. Also present at the meeting were CATHY CORLISS AND BARBARA ENGEL of the County Environmental Health Division. ~There were Council questions of Mr. Holden regarding costs of treatment and dlsposa 1. Mayor Mankins opened the Public Hearing. MARIE CATTOIR of 195 Orchid lane and ALBERT J. MERRITT asked questions and made comments on what materials the landfill will accept from private Citizens; possible fees for disposal of wastes, and the location of disposal sites which will accept different types of hazardous wastes. .'. . ..... ,; . CITY COUNCIL MAY 24, 1988 ARROYO GRANDE, CALIFORNIA PAGE TWO HAZARDOUS WASTE MANAGEMENT PLAN Continued from Page 1 The Mayor closed the Hearing to the floor. Moved by Moots/Johnson (5-0-0) to transmit Staff comments in the "Preliminary Draft, County Hazardous Waste Management Plan" Memo to the County Environmental Health Division of the Health Agency for inclusion in the final County Hazardous Waste Management Plan. PUBLIC HEARING, PROPOSED AMENDMENT TO TITLE 9. CHAPTER 4 OF THE MUNICIPAL ~~DE (ZONING ORDINANCE) FOR THE ESTABLISHMENT OF A VIEWSHED REVIEW PERMIT OCESS Ms. Liberto-Blanck referred to her memo on "Ordinance Establishing Viewshed Review Overlay Zone and Permit Process." She said the Planning Commission has recommended a Negative Declaration be adopted; the proposed Ordinance Amending Chapter 4 of the Municipal Code to Add Article 41, which established a viewshed review overlay zone and permit process for residential properties not subject to architectural review be adopted, and the City Clerk be instructed to file a Notice of Determination. Council Member Millis asked questions about whether the proposed ordinance covers Planned Developments which have sub-zones in R-1. He said residents' of Rancho Grande, for example, are paying high premiums for ocean views. Ms. Liberto-Blanck said the ordinance does not cover P-D Zones. Mayor Mankins asked questions about new. lots. Ms. Liberto-Blanck - explained a new home could be built but a second story could not be added at a later date. Mayor Mankins opened the Public Hearing. MARIE CATTOIR said the proposed ordinance should not apply to existing homes, and there should be no additional review fees. Mayor Mankins closed the Hearing to the floor. After Council discussion, it was moved by Moots/Johnson (5-0-0, Moots, Johnson, Porter, Millis and Mankins voting aye) to have the first reading of a proposed Ordinance Amending Chapter 4 of the Municipal Code to Add Article 41, Establishing a Viewshed Review Overlay Zone and Permit Process for Residential Properties Not Subject to Architectural Review. SECOND READING OF ORDINANCE, PROPOSED CONTRACT AMENDMENT PROVIDING AN INCREASE IN RETIREMENT BENEFITS FOR CITY POLICE OFFICERS , Interim Clty Manager Chris Christiansen explained the Ordinance. Moved by Millis/Porter (5-0-0, Millis, Porter, Johnson, Moots and Mankins voting aye) to adopt Ordinance No. 376 C.S. Amending the Contract Between the Board of Administration of the Public Employees' Retirement System and the City of Arroyo Grande. SECOND READING OF ORDINANCE ESTABLISHING A GENERAL FUND SPECIAL CONTINGENCY RESERVE ACCOUNT REQUIRING A FOUR-FIFTHS VOTE B6F~RE USE THEREOF Mr. ChristTansen explained the proposed r inance. Mov~d by Johnson/Moots (5-0-0, Johnson, Moots, Millis, Porter and Mankins voting aye) to adopt Ordinance No. 377 C.S. Establishing a General Fund Special Contingency Reserve Account Requiring a Four-Fifths Vote Before Use Thereof. PURCHASE OF SURPLUS WATER/ZONE III/WATER YEAR 1988-89 .,Public Works Director Paul Karp referred to his memo of May 18, 1988, and recolllT1ended that the City Council authorize the purchase of surplus water from Zone III in accordance with terms outlined in the County Engineer's letter of May 10, 1988. Moved by Porter/Moots (5-0-0) to approve Mr. Karp's recommendation. . .-'" CITY COUNCIL MAY 24, 1988 ARROYO GRANDE, CALIFORNIA PAGE THREE AWARD OF BID FOR STREET SWEEPING SERVICE Mr. Karp referred to his memo of May 17, 1988 and recommended that the City Council award the contract for street sweeping service to Universal Sweeping of San Jose, California, subject to update and execution of the Grover City contract by appropriate parties of that agency. He explained that Grover City and Arroyo Grande have had an agreement with a street sweeper to sweep both Cities. He said that both Dave Mulkey, Arroyo Grande Fac~lities Services, and Tom Sullivan, Grover City Community Development Director, had recommended the use of mechanical broom sweepers for the Cities, and copies of their correspondence in this regard had been attached to the agenda materials. Speaking on behalf of their companies and presenting letters and brochures to the Council were LEONARD VELLA, Universal Sweeping of San Jose, and DANE PHILLIPS, Daystar Industries of Arroyo Grande. Other speakers were KEN TAYLOR; FRED MUNROE of Grover City; JOHN KUDEN of 116 W. Branch Street; ROSALIE VELLA; LENNY JONES of 312 Walnut, Arroyo Grande Chamber of Commerce president; ROBERT ROESE of Grover City, who has been the street sweeper for Universal; HEATHER JENSEN, Executive Manager of the Chamber of Commerce; FRED POPE of 715 Grand Avenue; JONI HUNSTAD of 360'Gularte Road; BILL MINTER of Grover City; BILL SCHAEFFER of Public Works, Inc.; TIM SOWELL of 895 Todd Lane, and RANDY COURTRIGHT. They spoke about the merits of choosing a local street sweeper; choosing the lowest bidder; bidding exactly to the specifications; mechanical brooms vs. regenerative vacuum sweepers, and the efficiency and work records of both companies. Council discussion followed and covered the areas of awarding the contract to the low bidder; the type of sweeper which would be best used; the preference of Grover City; the low number of complaints received concerning the past street sweeper, and the fact that there is a 30-day cancellation clause in the new contract. Moved by Millis/Porter (4-1-0, Millis, Porter, Johnson and Mankins voting aye, and Moots voting no) to award the contract to Daystar Industries. PLANNING COMMISSION DETERMINATION ON A RE UEST FOR A VARIANCE FROM THE INTERIM URGENCY ORDINANCE LIMITIN RE I D NT L BUILDING HEIGH T FIF EEN ~EET (15'), 240 GULARTE ROAD, VARIANCE CASE NO. 88-122, JOHN AND CAROL ERRY Ms. Liberto-Blanck referred to her memo of May 24, 1988 and recommended that the Council file the Planning Commission's Resolution to approve the Vari ance. ,After Council questions, it was moved by Porter/Millis (5-0-0, Porter,' Milli~,. Johnson, Moots and Mankins voting aye) to approve the Variance. REQUEST FOR RELIEF ON VARIANCE FEES-SPECIFICALLY ON VARIANCE CASE NOS. 88-123 THROUGH 88-130 Ms. Liberto-Blanck referred to her eight May 24, 1988 memos on the Variances, and recommended that the Council file the Planning Commission Resolutions to approve the Variances based on making the needed findings. Mr. Christiansen. referred to his May 24, 1988 memo which included the estimated cost sheet for processing the eight Oakcrest Estates Variances. He said the Staff did not recommend that the fees be waived, as requested by the applicant, because there does not appear to be any official City policy or regulation which permits a "fee package" for submittal of a number of items concurrently. ED DORFMAN, developer of Oakcrest Estates, spoke to the Council and said he should pay for only one Variance, not eight. After Council discussion, it was moved by Johnson/Porter (5-0-0) to charge Mr. Dorfman for Staff costs estimated for processing the Variances - $771.09. , .... .-.',~' ."; , ',' .:.... 0" . -...., . . .. . ~ '. ; CITY COUNCIL MAY 24, 1988 ARROYO GRANDE, CALIFORNIA PAGE FOUR RELIEF FROM VARIANCE FEES-Continued from Page Three Ms. Liberto-Blanck recommended that the Council consider all eight Variances together. Moved by Moots/Millis (5-0-0, Moots, Millis, Porter, Johnson and . Mankins voting aye) to approve Variance Case Nos. 88-123 through 88-130, based on the following findings: 1. The granting of the variance will not be materially detrimental to other properties or land uses in the area because the views currently enjoyed by the surrounding properties will not be significantly impacted by the proposed development. . 2. There are exceptional or extraordinary circumstances applicable to the intended use that do not apply to other properties in the same zone., 3. The strict application of the ordinance deprives such property of privileges enjoyed by other properties in the vicinity or in the same zone because the 15 ft. restriction would l,imit the buildable potential of the lot, and other parcels in the area have been developed with 2-story homes. 4. T~ granting of the variance is compatible with the objectives, policies, and general land uses specified in the General Plan because the intent of the urgency ordinance is being met, as there is substantial protection of the viewsheds on adjacent property and the proposed development is in conformance with the General Plan. SENIOR HOUSING Mayor Mankins said the City has an opportunity to develop through Federal Housing and Urban Development 40 low-cost senior housing units, if a 1~ acre site can be found. He said the housing would be for seniors with incomes of $11,000.00 to $13,500.00. 'Council Member Millis said that it would be necessary to have adequate parking for this development. LONG RANGE PLANNING Council Member Moots said the Long Range Planning Ad Hoc Committee had its final meeting, and the final report will be submitted to the Council June 14, 1988. ADJOURNMENT TO CLOSED SESSION The Council adjourned at 10:22 P.M. to a Closed Session on personnel and litigation. RECONVENEMENT AND ADJOURNMENT The Council reconvened at 12:15 A.M. and immediately adjourned. MAYOR ATTEST: