Minutes 1990-07-10
-. ...--" - -----~----_._-~- -----~----_.----- -. ..
2-78. -
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JULY 10, 1990
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 '1
Rev. James wickstrom of Berean Bible Church delivered the
invocation.
ROLL CALL
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, Fire Chief Douglas Hamp,
Parks and Recreation Director John Keisler and Police Lieutenant
Bill Andrews.
4. PLAOUE OF APPRECIATION
Mayor Millis presented a plaque of appreciation for six years
of service to retiring Parks and Recreation Commissioner Ernie Ped.
5. ORAL COMMUNICATIONS
DICK FRANKS of 879 Fairoaks Avenue complimented the city on
the various plantings of flowers on public property around the
City, particularly the traffic island at Halcyon Road and El Camino
Real.
6. CONSENT AGENDA
It was moved by Smith/Moots, and the motion passed, to approve
Consent Agenda Items 6.C. through G.N. , with the recommended
courses of action.
6.C. June 12, 1990, city Council Minutes. Approved.
6.D. June 26, 1990, City Council Minutes. Approved.
6.E. July 5, 1990, Senior Advisory Commission Minutes.
Information.
6.F. June, 1990, Investment Report. Information.
6.G. Second Quarter, Sales Tax Revenue. Information.
6.H. Second Quarter, Departmental Monthly Reports. Information. """1
I
6.1. Progress Payment No. 13, Arroyo Grande Police Station I
Renovation: Project No. 754. Approved.
6.J. certificate of Completion, Arroyo Grande Police Station
Renovation: Project No. 754. Authorized.
6.K. Weather Station at Police Department. Approved.
6.L. Purchase of Baton Training Dummy: Budgeted Item; Police
Department. Approved.
6.M. Award of Design Contract for Design of a Signal System to
provide for Pedestrian Crossing at the Existing Crosswalk on Grand
I Avenue, Mid-Block Between Alder Street and Brisco Road. Authorized
I and approved.
1
I
~_ __ H _ ~--- ---- .
- 279
CITY COUNCIL MINUTES
JULY 10, 1990
6.N. Progress Payment for Construction of the Shallow Paso Robles
and the Deep Pismo Test Wells: Project No. 60-89-2. Approved.
Consent Aaenda Item 6.A.
Mayor Millis read a proclamation recognizing Arroyo Grande
Fire Fighters for Helping to Suppress the "Painted Cave Fire" in
Santa Barbara, and accepting on behalf of the fire fighters was i
Fire Chief Doug Hamp. Also present to hear the proclamation were I
I
fire fighters Marshall Vaughn, Carl Brandt, Glenn Graves, Mike
Marsden and Winton Tullis.
Lt. Andrews said there were Arroyo Grande Police Officers at
the fire also.
Consent Aaenda Item 6.B.
Mayor Millis read a proclamation for "Parks and Recreation
Month," and accepting were Parks and Recreation Commission
Chairperson Judy Tappan and Parks and Recreation Director Keisler.
7. REGISTER OF CHECKS
It was moved by Dougall/Olsen, and the motion passed, to
approve the cash disbursements in the revised total amount of
$398,252.92, as contained in the July 5, 1990 Staff Report of
Finance Director David Bacon.
8.A. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF
TENTATIVE TRACT NO. 983. PROPOSED RESUBDIVISION OF FOUR EXISTING
PARCELS INTO SIX PARCELS: 139. 141. 143 AND 145 TALLY HO ROAD: L.
C. LA VINE
Council Member Olsen said she may have a conflict of interests
in this matter and would be abstaining from discussion and voting.
Mr. Christiansen recommended that the Mayor open the public
hearing to take any testimony and then continue the hearing to July
24, 1990, so that a Negative Declaration With Mitigation Measures
could be published in the newspaper.
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, the Mayor closed the
hearing to the floor.
Moved by Smith/Dougall (4-0-1, Smith, Dougall, Moots and
Millis voting aye, Olsen abstaining) to continue the public hearing
to the meeting of July 24, 1990.
8.B. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF
SUBDIVISION OF A 55.473 SOUARE FOOT PARCEL INTO FOUR LOTS. RANGING
IN SIZE FROM 10.235 SOUARE FEET TO 20.950 SOUARE FEET: 589 CERRO
VISTA LANE: LARRY D. GIN
Ms. Liberto-Blanck referred to her July 10, 1990 Staff report,
and updated the Council on an additional item concerning the
requested subdivision. She referred to a map of the area projected
on the wall, and said at the last meeting several members of the
audience had mentioned that the property owners, the Abel family,
had subdivided several lots west to Alpine Street. She said the
Planning Department had obtained copies of Grant Deeds proving
this.
She said that rather than being able to apply for a parcel
map, the Subdivision Map Act says the applicants would have to
submit a tentative tract map since they created more than four
contiguous parcels. She said the Council would have to make an
additional finding and could not approve a parcel map on this
2
I 28 O. -.
! CITY COUNCIL MINUTES
I JULY 10, 1990
I application. She gave a history of the development land by the
! Abels.
Mayor Millis asked about any time limit or if a different
member of the family could submit a parcel map. Ms. Liberto-Blanck
said she could find no time limit in the law. Ms. Skousen said the
law refers to ownership of the land and a different family member
could not submit a parcel map.
Ms. Liberto-Blanck read a finding saying that a parcel map
must be denied. '
"'""
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.
It was moved by Smith/Moots (5-0-0, Smith, Moots, Dougall,
Olsen and Millis voting aye) to approve Resolution No. 2406
Upholding the Planning commission's Denial of Parcel Map Case No.
i 89-484 Located at 580 Cerro vista Lane Applied for by Larry Gin,
, based on the following findings:
1. The site is physically unsuitable for the proposed type, design
and density of development because the proposed development is not
consistent nor compatible with the adjacent neighborhood.
2. The proposed subdivision design is likely to cause substantial
and considerable damage to the natural environment, since
development of this site would result in the loss of significant
wildlife habitat.
3. The application for a parcel map must be denied because the
Subdivision Map Act requires a tentative tract map when more than
four (4) contiguous parcels are created by the same person. It
appears from the attachment that the applicant has created more
than four (4) contiguous parcels since 1958. Therefore, based on
this information, the Council has no choice but to deny the
application.
8. C. PUBLIC HEARING - EXTENSION TO ONE YEAR OF INTERIM URGENCY
ORDINANCE NO. 414 C.S.. ADOPTED BY THE CITY COUNCIL ON SEPTEMBER
12, 1989. EXTENDING PROHIBITION ON AN INTERIM BASIS OF THE APPROVAL
OF ANY "ADULT ENTERTAINMENT" USE OR APPLICATION FOR SUCH USE.
PURSUANT TO GOVERNMENT CODE SECTION 65858: CITYWIDE
Mr. Christiansen referred to the July 10, 1990 Staff report
of the Planning Director, who recommended that the Interim Urgency
Ordinance be extended for one year.
After being assured that the Public Hearing had been duly l
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, the Mayor closed the
hearing to the floor.
Moved by Dougall/Smith (5-0-0, Dougall, Smith, Olsen, Moots
and Millis voting aye) to adopt Ordinance No. 425 C.S., an Urgency
Ordinance Extending Prohibition on an Interim Basis of the Approval
of Any "Adult Entertainment" Use or Application for Such Use,
Pursuant ' to Section 65858 of the California Government Code, and
Directing the consideration and Review of Regulations Relating
Thereto.
3
I
-,--~ . .,------- .-----
~
281
CITY COUNCIL MINUTES i
JULY 10, 1990 ,
I
,
8.D. PUBLIC HEARING - TO ADOPT AN ORDINANCE AFFECTING SECONDHAND !
AND JUNK DEALERS BY PROVIDING CONTROLS THAT WILL DECREASE THE I
POTENTIAL FOR TRAFFIC IN AND SALE OF STOLEN GOODS: CITYWIDE.
Mr. Christiansen referred to the May 29, 1990 Staff Report of
Chief of Police Rick TerBorch, who recommended that the Council
adopt the proposed revision to the City's Secondhand "Vendors"
Ordinance.
Police Lieutenant Andrews answered Council questions about the
ordinance.
After being assured that the Public Hearing had been duly
pUblished and all legal requirements met, Mayor Millis declared the
Public Hearing open and said all persons would be heard regarding
the matter. When no one came forward to speak, the Mayor closed
the hearing to the floor.
Mr. Christiansen read the title of the ordinance, An Ordinance
of the City Council of the City of Arroyo Grande Amending the
Municipal Code Title 5, Chapter 8 Regarding Secondhand and Junk
Dealers. It was moved by Dougall/Smith, and the motion passed, to
dispense with further reading of the ordinance. Mayor Millis said
that constituted the first reading of the ordinance.
8.E. PUBLIC HEARING - TO ADOPT AN ORDINANCE THAT ESTABLISHES
REOUIREMENTS FOR FILMING ACTIVITIES. INCLUDING THE STAGING.
SHOOTING. FILMING. VIDEOTAPING. PHOTOGRAPHING. ETC.. FOR THE MAKING
OF STILL PHOTOGRAPHS. MOTION PICTURES. TELEVISION. COMMERCIAL. AND
NONTHEATRICAL FILM PRODUCTIONS: CITYWIDE
Mr. Christiansen referred to the May 25, 1990 Staff Report of
the Police Chief, who recommended that the ordinance be adopted,
and said that permit fees need to be established and incorporated
into the city's Master Fee Schedule.
Mr. Christiansen answered Council questions with regard to
fees.
After being assured that the Public Hearing had been duly
published and all legal requirements met, Mayor Millis declared the
Public Hearing open and said all persons would be heard regarding
the matter.
HEATHER JENSEN, Chamber of Commerce manager, asked questions
concerning fees, enforcement, and local and news photographers
being exempt.
Mr. Christiansen said the fee schedule will be back before the
Council in the near future.
When no one further came forward to speak, the Mayor closed
the hearing to the floor.
Mr. Christiansen read the title of the ordinance. Moved by
smithjMoots, and the motion passed, to dispense with further
reading of the ordinance. Mayor Millis said that constituted the
first reading of the ordinance.
9.A. HOOK RAMPS AT CAMINO MERCADO
No Report.
i
9.B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND ,
AVENUE/TRAFFIC WAY AND WESLEY STREET
No Report.
9.C. GRAND AVENUE (ELM STREET TO HALCYON ROAD} IMPROVEMENTS
Mr. Christiansen recommended that the Council continue this
agenda item to the next meeting.
4
I ------.-
282 ~
I
CITY COUNCIL MINUTES
I JULY 10, 1990
It was moved by smith/Dougall, and the motion passed, to
continue the agenda item to July 24, 1990.
SOLID WASTE TASK FORCE
Council Member Dougall referred to his July 6, 1990 memorandum
on the Hazardous Waste commission. He said the commission has
requested that the County Board of Supervisors combine it with the
Solid Waste Task Force. He said he is a member of the task force
and the City would lose no representation. He also reported on the
recent Household Hazardous Waste Collection Event, and said the
cost to Arroyo Grande would be $4,914.36 for 37 households. He
said there may be a second and third events. He said the County '1
Agriculture department has had a pesticide collection program for
three years.
9.E. PLANNING COMMISSION RECOMMENDED ACTIONS REGARDING CITY WATER
POLICY
Ms. Liberto-Blanck referred to her staff report of July 5,
1990, and said the Planning Commission has recommended that the
city Council support five action items, and instruct Staff to
implement the action items.
The Council discussed the five action items recommended by the
planning Commission. Mayor Millis said action is already underway
on Item 5, which requests that the Council communicate with the
Fourth District Supervisor regarding water demands from proposed
projects within the Arroyo Grande unincorporated area. The Mayor
said the mayors in the County will be meeting soon and will discuss
water demands from proposed projects within the unincorporated
areas.
There was Council discussion and approval of Item 1 adopting
an ordinance requiring strict water conservation devices for new
construction.
council Members discussed Item 2 and approved adopting an
ordinance establishing water condition stages and appropriate water
conservation measures for each stage. Council Member Moots
requested that Staff preface the ordinance with a statement as to
why water condition stages are being set up. Mayor Millis asked
that there be a stage such as the one we are in now, where very
strict mitigation measures are not necessary.
Council Members said it would be premature to approve the
recommended Item 3, which would limit the number of building
permits issued per year.
Mayor Millis said Item 4, which would establish an active
public information campaign regarding water conservation, is
already underway. Council Members said they would like a report '1
at the first meeting of the month from Karen Williams, Water
Conservation Coordinator for the City.
There was extensive council discussion on development of a
water conservation policy concerning lot splits, rezoning and
second units. Mayor Millis said there was Council consensus that
Staff should be instructed to return with two ordinances, one that
would require water neutrality for parcel maps or tentative tract
maps, and another that would require a water neutrality for all
new building permits.
BERNARD LANDSMAN of 579 Newman Drive said the ordinance should
include, (1) Mr. Karp's figures showing how many lots the City has
at this time and how much water is available, (2) the cost of Lopez
Lake water and (3) the cost of State and other water sources. He
said the residents should be advised that if they conserve water
5
-
283
CITY COUNCIL MINUTES
JOLY 10, 1990
now, they will not have to bring in water from outside sources and
pay the extra costs.
Mr. Christiansen said staff is putting together a report to
the residents of the City and it will be released in the near
future.
Council Member Olsen (name corrected at 8/14/90 meeting) said
she has been asked when residents would have to begin paying for
state water. She said it would be when the contract with the state
is signed.
There was discussion about public hearings on the water
ordinances, and Ms. Skousen said the ordinances should reach the
Planning Commission by the first meeting in September.
9.F. PROPERTY TRANSFER - FIVE ACRES
No Report.
10.A. SECOND READING OF ORDINANCE ESTABLISHING AN ARCHITECTURAL
ADVISORY COMMITTEE TO. AMONG OTHER ITEMS. MAKE ARCHITECTURAL
RECOMMENDATIONS TO THE PLANNING COMMISSION. CITY COUNCIL. AND
PLANNING DIRECTOR
Council Members questioned Staff about the purpose and
activities of the proposed Architectural Advisory Committee. Mayor
Millis pointed out that the words "knowledge/experience" should
replace the word "experience" in the third line of paragraph C.2.,
page 2. Ms. Skousen said it was a clerical error.
It was moved by Dougall/Smith (5-0-0, Dougall, Smith, Moots,
Olsen and Millis voting aye) to adopt corrected Ordinance No. 426
C.S. Amending Title 9, Chapter 4 of the Municipal Code, Which
Establishes the Membership, Terms of Office, Organization of the
Architectural Advisory Committee and Certain Aspects of the
Architectural Review Process.
10.B. 35-ACRE PARCEL. OAK PARK ACRES. ESCROW AND TITLE SEARCH
Mr. Christiansen referred to the July 6, 1990 Staff Report of
the Parks and Recreation Director. He said Mr. Keisler and the
Public Works Director reviewed the buyer's closing statement, ,
I
preliminary report and sale instructions prepared by Cuesta Title I
i
Guaranty Company on the 35-acre parcel. Mr. Christiansen said the I
Staff report listed two items of which the Council should be aware,
(1) the City would owe $4,000 to $4,500 to the County for a sewer
improvement bond, and (2) Some of the property owners in Leisure
Gardens have encroached upon the property with gardens and
temporary fence-type structures. According to the Staff report,
Mr. Keisler visited Reuben Kvidt, who is giving the property to the
City, and obtained copies of tax payments paid through June, 1990.
Mr. Keisler's report said that all back and current taxes have been
paid on the property to date.
The City Attorney recommended that those homeowners
encroaching on the property and the Oak Park Acres Homeowners
Association be notified of the encroachment.
10.C. RECYCLING AGREEMENT
Mr. Christiansen referred to his July 10, 1990 memorandum, and
said Council Member Dougall had reviewed the draft copy of the
recycling agreement between the City and RALCCO, Inc. He said
Council Member Dougall had recommended eight changes in the
agreement.
Council Members discussed the suggested changes, and the
following was decided:
(1) The Council decided not to change the title of the agreement.
6
284
CITY COUNCIL MINUTES
JULY 10, 1990
(2) The Council agreed to add to Paragraph 6, at the end of the
paragraph, the following: "and such sales shall be reported to the
City including dollar amounts every six (6) months."
(3) The Council agreed at paragraph 7: Remove from Paragraph 9 and
add to Paragraph 7 the following: "City and Ralcco'shall share
equally in the cost of the above described public awareness program
and marketing of said awareness program."
(4) The Council agreed to eliminate the final sentence in Paragraph
9 which reads: "City shall be responsible for billing and
collection of charges for said program." ""'"
(5) The Council agreed that Paragraph 11, second sentence be
amended to read: "monthly reports shall contain, etc., thereby
eliminating two (2) words, such records."
(6) The Council did not agree to Council Member Dougall's
recommendation.
(7) The Council agreed to eliminate the last sentence of Paragraph
15: "City will coordinate with the garbage collection contractors
for such cooperation."
(8) The Council agreed that toward the end of Paragraph 17,
following the words "each residential customer" insert "billed by
the City for each month thereafter."
Council Members discussed the inclusion of apartment buildings
and mobile home parks in the recycling program. Mayor Millis
directed staff to meet with all parties concerned, including
apartment and mobile home park owners and RALCCO, to work out a way
to include them in the program. He said it is the Council's desire
that all residential units be part of this recycling program.
Council Member smith suggested that the recycling ordinance include
requirements that when new multi-residential units are built,
recycling bin space be allocated.
Council Member Moots said the commercial businesses in the
City should be encouraged to participate also. Mayor Millis and
Council Member Olsen said the parties concerned should work closely
with the Chamber of Commerce on this.
Mr. Christiansen said RALCCO will collect for recycling
newspapers, all plastic containers, steel and aluminum cans, and
glass. He said there would be no need to clean or separate the
materials. He said RALCCO has 18,000 buckets of different sizes
to distribute, when residents call to participate in the program.
Mr. Christiansen said collection will be on the same day as the
garbage pickup. He said the program can begin September 1, 1990
instead of October 1, 1990, and the City Clerk will be writing the ~I
letter to residents about the program. Council Member Olsen I
suggested that she work with the Chamber of Commerce on it. Mr. !
Christiansen said the recycling containers will be delivered the
last two weeks of August. Council Member Dougall said there may
be a problem with the recycling trucks being too heavy for the
driveways in mobile home parks.
It was moved by smith/Moots, and the motion passed
unanimously, to approve the revised Recycling Agreement with
RALCCO.
l1.A. APPOINTMENT OF JAMES M. SOUZA TO THE PLANNING COMMISSION:
TERM EXPIRES JUNE 30. 1992 (FILLING THE UNEXPIRED TERM OF FORMER
PLANNING COMMISSIONER SHARON FISCHER}
Mayor Millis nominated James M. Souza to serve on the Planning
commission, with a term expiring June 30, 1992. The Council CITY
7
-~
. 285
COUNCIL MINUTES
JULY 10, 1990
unanimously approved the nomination.
Mayor Millis directed Staff to advertise the vacancy on the
Parking and Traffic Commission.
11.B. RESOLUTION AMENDING RESOLUTIONS 2322 AND 2329 BY THE ADDITION i
OF THE EMPLOYEE POSITIONS OF DEPUTY PUBLIC WORKS DIRECTOR/ASSISTANT
CITY ENGINEER. POLICE LIEUTENANT. AND RECORDS CLERK TO THE LISTS
OF MID-MANAGEMENT AND CONFIDENTIA~ EMPLOYEES
It was moved by Smith/Moots (5-0-0, Smith, Moots, Dougall,
Olsen and Millis voting aye) to approve Resolution No. 2407
Amending Resolutions 2322 and 2329 by the Addition of the Employee
Positions of Deputy Public Works Director/Assistant City Engineer,
Police Lieutenant and Records Clerk to the lists of Mid-Management
and Confidential Employees.
II.C. RESOLUTION DESIGNATING THREE LANDMARK TREES. 221 EAST BRANCH
STREET
It was moved by smith/Moots (5-0-0, Smith, Moots, Olsen,
Dougall and Millis voting aye) to approve Resolution No. 2408
Designating Landmark Trees No. 90-58 located at 221 East Branch I
Street.
I
12. WRITTEN COMMUNICATIONS ,
None.
13. ORAL COMMUNICATIONS i
City Attorney Skousen said the City may have avoided a very ,
expensive legal action by mailing written notices of the General
Plan Update meeting to individual property owners in the City. I
14. CLOSED SESSION
None.
15. ADJOURNMENT I
It was moved by Moots/Dougall, and the motion passed, to
adjourn at 9:44 P.M.
~jd,'JtrL
MARK M. MILLIS, 0
ATTEST: ().~
VIS, CITY CLERK
8