Minutes 1991-01-08
. 341
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 8, 1991
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.
1. FLAG SALUTE AND INVOCATION
Mayor Millis led the Pledge of Allegiance to our Flag, and the
Rev. James Wickstrom of Berean Bible Church delivered the
invocation.
2. ROLL CALL i
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, Current Planner Scott
Spierling and Chief Building Inspector John Richardson.
3. ORAL COMMUNICATIONS
None
THE ORDER OF THE AGENDA WAS CHANGED BY THE COUNCIL, AND ITEM a.E. i
WAS TAKEN UP AT THIS TIME. MAYOR MILLIS, COUNCIL MEMBER DOUGALL
AND CITY MANAGER CHRISTIANSEN SAID THEY MAY HAVE A CONFLICT OF
INTERESTS ON THIS AGENDA ITEM AND LEFT THE ROOM.
8.E. PROPERTY TRANSFER - FIVE ACRES
Mayor Pro Tem Moots presided. City Attorney Judy Skousen said
she and Mr. Karp have determined that the legal description on the
property has been corrected and the Council needed ,to once again
accept the five acres by adopting a resolution to that effect.
Council Member Olsen asked the City Attorney if there were any
further difficulties that could come up. Ms. Skousen said that the
City would be,accepting the five acres and it would sign the escrow
instructions amending it to this legal description and allowing
Royal Oaks Developers to be the ones that give the City the
property because the title had been switched.
It was moved by Smith/Olsen (3-0-2, smith, Olsen and Moots
voting aye, Dougall and Millis absent) to approve Resolution No.
2438 Amending Resolution No. 2293 and Accepting Parcel 1 of Parcel
Map AG 87-203 From Royal Oaks Estates.
MAYOR MILLIS, COUNCIL MEMBER DOUGALL AND MR. CHRISTIANSEN RETURNED
TO THE ROOM.
5. CONSENT AGENDA
It was moved by Dougall/Smith, and the motion passed, to
r- approve Consent Agenda Items 5.A. through 5.F., with the
recommended courses of action.
5.A. December ll, 1990, city Council Minutes. Approved.
5.B. January 2, 1991, Senior Advisory Commission Minutes.
Information.
S.C. Fourth Quarter, 1990, Sales Tax Revenue Report. Information.
5.D. Acceptance of Tract 1669: Public Improvements (Newport
Properties General Partnership) (Corbett Canyon Road). Accepted.
5.E. Purchase of Paint Truck; Public Works Department. Approved.
5.,F. Award of Bid, Construction of Well No.8, pumping Equipment,
Chlorination Equipment, Electrical and Telemetry Equipment; Project
No. 60-90-3. Awarded to Low Bidder.
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CITY COUNCIL MINUTES
JANUARY 8, 1991
6. REGISTER OF CHE~~
It was moved by Smith/Dougall, and the motion passed, to
approve the cash disbursements in the amount of $311,052.63, as
contained in the December 20, 1990 Staff Report of Finance Director
David Bacon.
2.1>. pua_t.K-1l~G - ~ WITH CONQIn.01!AJ, USE~.BMI.T
~_tJQI.'rIQNS APID--.Af~AL-Q~ING COMM:!;SSIQlLIm~NDAT:J;QLTO
REYQJ<E A COt{DITIOtfbL U:iE PERMIT (CASE NO~9-453} FOR A LIQ.1.lQB
~XQRE I!L~CJ.jD ZQNE: 3,20 EA~BRANCH STREET: CHARLES
DOSTER/CARLEN LANDECK: LAIlTS~ LIOUOR
Ms. Skousen said she had discussed the matter with the
appellant Charles Doster and he had filed a variance application, '""'
paid the fee for the variance application and said he would turn
off the lights on the illegal signs. She suggested that the
I Council continue the matter and refer it back to the Planning
Commission to be handled along with the application for the
variance.
CHARLES DOSTER of 1152 Tenth street, Los Osos, said if the
Council would approve Ms. Skousen's suggestion, he would not speak
on the matter at length.
It was moved by Olsen/Smith, and the motion passed, to
continue the agenda item and refer it back to the Planning
Commission to be handled along with the application for a variance.
I 1...>>...J>..IDlltI.C..J{&MU!I!i - RE9JJEST TO IDl.1MLA...lfEW 1. 891-S.2lL~I.L1':QQ..'t..
T.W~---S.ItfGLE-F.AHn.1~.1.I.tI!fiLWITH .yt~AC!IED 706-SQU~QQ'L.
I l:WQ::.C.AlLGABA~~t.N~~.G...Q:t..t,-m...s.lJ!G_~Y R~J;:l'~
IN TH~JQl!E): 1180 MAPLE STREET: ERNEST AND ~~~q~
I Chief Building Inspector Richardson recommended that the
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Council approve the request of Mr. and Mrs. Santa Cruz, with the
I findings and subject to 10 conditions of approval.
I
I After being assured that the public Hearing had been duly
I 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.
I It was moved by Smith/Dougall, and the motion passed, to
approve the request of Ernest and Molly Santa Cruz to build a new
l,891-square foot, two-story, single-family dwelling with an
attached 706-square foot, two-car garage, replacing an existing
i older single-family residence in the R-3 Zone at 1180 Maple Street.
I 8.A. HP J2Q
I Mayor Millis directed Staff to request regular monthly
I progress reports from Caltrans.
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I .!t.13. IN'I.~:RSECTI:..ON IMPRO.YIDfENTS AT WEST BRANCH STREET/GRAND
, AVENUlUIBAFFIC WAY AND WESLEY STREET
I No Report.
I a.c. VRDAT~ ON COU~~ROJECTS AFFECTIN~
I
Ms. Liberto-Blanck reported that the City has appealed the
issuance of four negative declarations on fringe area projects. She
said City Staff will be appearing at the Board of Supervisors
meeting on January 15, 1991 to express sewer, drainage and water
concerns with regard to the Mesa Drive project. She said the City
is monitoring other county projects on the City's fringe and is
working with the County Environmental Coordinator's Office.
Mayor Millis requested that the idea of a joint meeting of the
County/city planning Commissions be moved along, as well as a bus
i tour of the fringe developments.
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CITY COUNCIL MINUTES
JANUARY 8, 1991
FOURTH DISTRICT SUPERVISOR RUTH BRACKETT said the Board of
Supervisors Chairperson would like to have planning commissions
from all the cities in the County meet with the County Planning
Commission. Supervisor Brackett said the County General Plan needs
to be updated and the issue of the fringe areas addressed.
8.D. WATER REPORTS
(1) Mr. Karp summarized his staff Report dated December 21,
1990, and said that he had just received a letter from County
Engineer Clint Milne stating that 1991 will be the decision year
for the State Water Project. He suggested in his Staff Report that
the City invite Mr. Milne to speak to the Council.
Mayor Millis said he felt the whole scheme of having a 1991
election is an effort to have a low voter turnout. He said he
wanted no part of that, and the election should be held at a time
when there is the highest possible turnout, in June or November.
Mr. Karp said it could still end up to be 1992, but that at
this time it appears that Santa Barbara County is going to try to
push for acceptance of the State water early this calendar year.
Mayor Millis said there should be an election only after the
final Environmental Impact Report is issued. He directed Mr. Karp
to invite Mr. Milne to a Council meeting after the EIR is
completed.
(2) Mr. Karp referred to his Staff Report of January 3, 1991,
and said that PG&E has just awarded a contract for a desalination
plant at Diablo Canyon and the price came in as $2,100 an acre
foot.
(3) Mr. Karp summarized his Staff Report of January 2, 1991,
and said that as the City reviews its options for supplemental
water, one oannot overlook the potential for reuse of treated
wastewater. He said that unless the agencies of the South San Luis
Obispo Water District protest, the district may sell its plant
effluent to outside industrial users. He recommended the adoption
of a resolution suggesting that the district have a policy with
regard to its selling of the waste water to outside groups.
Mr. Karp also said that the City may want to require
developers to use wastewater for landscape irrigation and other
appropriate uses. He said a study written by Kennedy/Jenks
Engineers includes a technique for assessment of the costs to
provide reclaimed water for development or agriculture. He
suggested that a request for an update of the study also be part of
the resolution directed to the Sanitation District.
~ Council Members discussed and approved of Mr. Karp's
recommendation. supervisor Brackett said now would be a good time
for the Council to express an opinion about selling the waste
water.
It was moved by Olsen/Smith (5-0-0, Olsen, smith, Dougall,
Moots and Millis voting aye) to approve Resolution No. 2439
Requesting Adoption of a Policy Statement by the South San Luis
Obispo Sanitation District to Reserve Permanent Allocation of the
District's Treated Effluent for Use by the District Members and its
Contractors; and Requesting the South San Luis Obispo County
Sanitation District Board of Directors to Update the 1982 Report by
Kennedy/Jenks Engineers Entitled "Water Reclamation Assessment."
9.A. SECOND READING 9F ORDINANCE AMENDING THE MUNICIPAL CODE BY I
REPEALING CHAPTER 1 (PERTAINING TO ANIMAL CONTROL} OF TITLE 6 AND
REPLACING THE REPEALED SECTIONS: CITYWIDE
It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Moots,
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CITY COUNCIL MINUTES
JANUARY 8, 1991
Olsen and Millis voting aye) to adopt Ordinance No. 432 C.S.
Amending the Municipal Code by Repealing Chapter 1 (Pertaining to
Animals) of Title 6 and Replacing the Repealed Sections.
1.Q.d.---APPOINTMENT OL.HAROLD (HAL} MOORE TO REGIONAL CITIZF;.NS'
TRN'lS2..QR'!'/.TION -ADYISORY COMMI'I"I'EE (CTAC}: SAN lUIS OBISPO AREA
CooRDINATING~OUNCIL
Mayor Millis nominated Harold L. Moore to be the city's
representative on the Citizen's Transportation Advisory Committee
of the San Luis Obispo Area Coordinating Council and Regional
Transportation Planning Agency. Council Members affirmed the
appointment by a unanimous vote of aye. ~
10.B. LE~R-OF REOUEST ~M JOHN CLARK OF THE VILLAGE I~ROVEMENT
ASSOCIATION REGAROlNG NO PARKING AND CLOSURE OF STREETS DURING THj;
EASTER PARADE ON MARCH 23. 1991. AND THE STRAWBERRY FESTIVAL MAY 25
- 26. 19.1l
(1) It was moved by Smith/Moots (5-0-0, Smith, Moots, Olsen,
Dougall and Millis voting aye) to approve Resolution No. 2440
Requesting Authorization to Close city Streets (Easter Parade March
23, 1991).
(2) It was moved by Smith/Dougall (5-0-0, Smith, Dougall.
Olsen, Moots and Millis voting aye) to approve Resolution No. 2441
Requesting Authorization to Close City Streets (Strawberry Festival
May 25 - 26, 1991).
.lP.....~~M..lU'~~RU.OR RELIEF OF CURB. GUTTER. AND
.~~ALK REOUIREMENTS ON LARCHMONT DRIVE: PARCEL MAP CASE 88-461:
NELSOI1
On recommendation of Mr. Christiansen, it was moved by
Dougall/Smith, and the motion passed, to refer this agenda item to
the Planning Commission.
1.0. D. PLANNING COMMISSION REOUEST FOR A DEVELOPMENT CODE COMPLIANCE
OFFICt.R
Mr. Christiansen referred to the January 8, 1991 Staff Report
of the Planning Director. The report said that the Planning
Commission had recommended that the City Council hire a Development
Code Compliance Officer. Mr. Christiansen said the recommendation
should be denied on a financial basis.
Ms. Liberto-BlancK said at the present time that code
enforcement is fragmented enforcement and there is a potential for
treating people unequally.
Council Members discussed the issue including, having a person
already employed also be the Enforcement Officer, addressing the
item at budget time, an automobile and office would be needed in
addition to salary, the officer may not be able to solve all the
problems, it may be better to work through the present staff, the ~
need for more information such as a job description and funding, i
the need to be flexible and consistent in enforcing the code, and
having a volunteer enforcement officer.
It was moved by Dougall/Smith, and the motion passed, to
return the matter to Staff until the Development Code is adopted,
and for Staff to prepare a job description and provide more
information on costs.
1.Q-L~ABl<ING SIGlf,S FOR V:lLLAGE - REOUEST BL.J!USINESS AND
IBPROVEMENT AREA ADVISORY BOARD TO UTILIZE ASSESSMENT pISTRICT
FUNDS
Mr. Christiansen referred to his January 8, 1991 memorandum
and said the Parking and Business Improvement Area Advisory Board
had requested that the Council authorize an expenditure from the
Downtown parking Fund for the purchase and installation of two
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CITY COUNCIL MINUTES
JANUARY 8, 1991
parking directional signs for the village. Designs of the signs
were shown to Council Members. He said that an additional $150.00
may be needed for designing and installation of the signs.
It was moved by Smith/Dougall, and the motion passed, to
approve the Parking Board's recommendation, including the
additional $150.00
10.F. FEES FOR FILING ENVIRONMENTAL DETERMINATIONS WITH THE COUNTY
CLERK
City Attorney Skousen explained that recently enacted
legislation (AB 3158, Chapter 1706, Statutes of 1990, effective
January 1, 1991) requires that the State Department of Fish and
Game impose and collect filing fees as specified to defray the cost
of managing and protecting fish and wildlife trust resources. She
said there is a controversy over what the State law really means.
She said State law says that all development applications when
there is a negative declaration or an environmental impact report
must pay this fee to the County Clerk. She said the Fish and Game
Department, without going through proper procedures, set guidelines
requiring that the cities collect the fees and pay them to the
County. She said the League of California cities is protesting the
way the guidelines were adopted by Fish and Game, and that the
guidelines conflict with State law and the California Environmental
Quality Act.
She recommended that the City advise applicants to pay the fee
directly to the County and not become involved in the collection or
enforcement of those fees. She said for City Projects which are
not exempt, the City would have to pay the fee but she suggested
interpreting the guidelines to be consistent with CEQA by finding
any project for which there is not substantial evidence of
significant adverse impacts to wildlife resources to be "de
minimis" thereby exempt from any fee. She said the guidelines in
contrast attempt, in conflict with CEQA, to require a finding of DQ
evidence of ~ potential for adverse effects on wildlife
resources. She said the guidelines indicate at one place that
findings of "de minimis" exemption be signed by a County Planning
Official but the form appears to require the signatures of the
Chief Planning Official of the Lead Agency.
It was moved by Olsen/Dougall, and the motion passed, to
approve the City Attorney's recommendation.
11.WRITTEN COMMUNICATIONS
None.
12. ORAL COMMUNICATIONS
None.
/'"
CLOSED SESSION
It was moved by Olsen/Dougall, and the motion passed, to
adjourn at 8:30 P.M. to a Closed Session on potential or threatened :
litigation (Government Code Section 54956.9 (b) (1).
ADJOURNMENT
The Council reconvened, and on the unanimously approved motion
of Smith/Moots, immediately adjourned the meeting at 8:50 P.M.
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