Minutes 1990-06-26
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 26, 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
Rev. Paul Jones delivered the invocation.
ROLL CALL
Present were Mayor Millis and Council Members A. K. "Pete" J
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, police Chief Rick TerBorch
and Long Range Planner Sandy Bierdzinski.
ORAL COMMUNICATIONS
None
CONSENT AGENDA
, It was moved by Dougall/Smith, and the motion passed to
approve Consent Agenda Items 5.A. and 5.B., with the recommended
courses of action.
5.A. Acquisition and Installation of Recorder Time Stamp and Second
Recording Deck for Call Recorder: Police Department: Budgeted
Items, 1989-90 and 1990-91. Approved.
S.B. Approval of Retaining Graphic Artist: Theme and Logo for Water
conservation program. Approved.
6. REGISTER OF CHECKS
It was moved by Dougall/Olsen, and the motion passed, to
approve the cash disbursements in the total amount of $227,694.27,
as contained in the June 20, 1990 Staff Report of Finance Director
David Bacon.
7.A. PUBLIC HEARING - ~PPEAL OF A PLANNING CO~ISSION DENIAL OF A
SUBDIVISION OF A 55.473 SOUARE FOOT PARCEL INTO FOUR LOTS. RANGING
IN SIZE FROM 10.235 TO 20.950 SOUARE FEET: 589 CERRO VISTA LANE:
LARRY D. GIN
Ms. Liberto-Blanck referred to her Staff Report of June 26,
1990. She discussed the reason for the appeal, the existing site
and surrounding conditions, the proposed project, an analysis of
the project, and the reasons for the Planning Commission denial.
She said the applicant indicated that Planning Commissioner
Drew Brandy, who works for the Department of Fish and Game, should J
have disqualified himself on any issue concerning creek access due
to a conflict of interest. She said the City Attorney has said
that the only time a planning Commissioner has to disqualify
her/himself is when she/he has a financial conflict of interest in
accordance with the Fair Political Practices Act, and Commissioner
Brandy has not declared that he would have a financial conflict of
interest due to this project.
Ms. Liberto-Blanck showed the proposed design of the project
on the wall, and pointed out the location of Condition for Approval
No. 19, a sewer access easement.
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 this
matter.
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CITY COUNCIL MINUTES
JUNE 26, 1990
Speaking on Qehalf of the project were, DONALD ABEL, son of
the owner of the property, who showed the Co~ncil photographs of
some properties bordering the creek and of his Mother's hoae which
she is selling to pay expenses: LARRY GIN, applicant; JIM MCGILLIS,
surveyor for San Luis Engineering: JACK HILL of 1120 Flora Road,
and STEVE COOL, attorney for the applicant. Mr. Cool presented for
the record a June 19, 1990 letter to the Council from Marguerite
Abel, owner of the property; a June 26, 1990 letter from Stephen
and Tisha Clark, who live on the corner of Alpine Street and Cerro
Vista, and six pictures showing flag lots in the area of the
proposed project.
l speaking against the proposed project were BERNARD LANDSMAN
of 579 Newman Drive: KATHY WENDELL of 613 Cerro Vista Circle, and
PAUL CUELLAR of 590 Cerro Vista Lane.
Issues discussed by those for and against the project were,
(1) the consistency of the project design with the rest of the
neighborhood, (2) the possible disturbance of the wildlife habitat
and the environment, ( 3 ) the number of lots in the proposed
development, (4) the open space area to be dedicated to the City,
(5) the flag lot design and (6) the Traffic Mitigation Fee to be
paid by the applicant.
When no one further came forward to speak, the Mayor closed
the hearing to the floor.
After Council discussion, it was moved by Smith/Olsen, and the
motion passed, to uphold the denial of the Planning Commission:
continue the agenda item and public hearing to July 10, 1990;
instruct Staff to respond to the information presented during the
public hearing~ and return with a resolution which includes
findings for denial.
7.B. PUBLIC HEARING - EXTENSIO~ TO 10 MONTijS AND 15 DAYS Of INTERIM
URGENCY ORDINANCE NO, 421 C.S.. ADOPT~D BY THE CITY COUNCIL ON MAY
22. 1990. SUSPENDING CERTAIN DEVELOP~ENT PROCESSING. INCLUDING. BUT
NOT LIMITED T9. LOT SPLITS AND/OR SECOND UNITS: CITYWIDE.
Mr. Christiansen referred to the June 26, 1990 Staff Report
of the Planning Director, who recommended that the extension be
adopted.
There were questions of Staff by the Council.
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, he closed the Hearing
to the floor.
Council Members discussed a shorter time period for the
extension because they wished the Planning Commission to develop
, a City Water Plan as soon as possible. However, they decided to
~ take a conservative approach and adopt the 10 month and 15 day time
period. They requested that the Planning Commission work as
quickly as possible on the Water Plan. Ms. Liberto-Blanck said the
Commission will consider a draft plan on July 3, 1990.
It was moved by Olsen/Moots (5-0-0, Olsen, Moots, Dougall,
Smith and Millis voting aye) to Adopt Interim Urgency Ordinance No.
423 C.S. Extending the Suspension of Certain Development
Processing, Including But Not Limited to, Lot Splits and/or Second
units.
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CITY COUNCIL MINUTES
JUNE 26, 1990
7.C. PUBLIC HEARING - EXT~NSIO~ TO 10 MON~HS AND 15 D~YS OF INTERIM
URGENCY NO. 422 C.S.. ADOPTED BY TH~ CITY COUNCIL ON MAY 22.1990.
AMENDIN~ ZONING ORDINANCE TO REOUIRE CONDITIONAL USE PERMIT REVIEW
OF CERTAIN COMMERCIAL AND INDUSTRIAL PROJECTS: CITYWIDE.
Mr. Christiansen referred to the June 26, 1990 Staff Report
of the Planning Director, who recommended that the Council adopt
the Ordinance amending the zoning ordinance.
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, he closed the hearing J
to the floor.
It was moved by Smith/Dougall (5-0-0, Smith, Dougall Olsen,
Moots and Millis voting aye) to, adopt Ordinance No. 424 C.S.
Extending an Amendment to 'the Zoning Ordinance Requiring
Conditional Use Permit Review of Certain Commercial and Industrial
projects.
?D. ~UBLIC HEARING - ADOPTION OF AN ORDINANCE ESTABLISa;rNG AN
ARCHITECTURAL ~DVISORY COMMITTEE TO. AMONG OTHER ITEMS. MAKE
ARCHITECTURAL RECOMMENDATIONS TO THE PLANNING COMMISSION. CITY
COUNCIL. AND PLANNING DIRECTOR: CITYWIDE
Mr. Christiansen referred to the June 26, 1990 Staff Report
of the Planning Director, who recommended that the Council hold a
first reading of the Ordinance establishing an Architectural
Advisory Committee. Ms. Liberto-Blanck said that the Planning
commission has expressed an interest in establishment of the
committee to assist in reviewing architectural and sign
applications.
There were Council questions of Staff. 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.
DREW BRANDY, Planning commililsioner, said the Planning
commission could use the assistance of an Architectural Advisory
Committee, which would help the city to have a consistent and eye-
appealing style in the neighborhoods and commercial areas.
When no one further came forward to speak, Mayor Millis closed
the hearing to the floor.
Council Members discussed the duties of the Committee, and
decided to set up a six month review date so that the effectiveness
of the Committee could be judged. Council Members decided to
reword the Ordinance in the following manner:
(1) Second sentence of the Ordinance shall read, "SECTION 1: j
Article 2? of the Municipal Code of the City of Arroyo Grande is
hereby amended to read as follows:"
(2) Page 2, Paragraph C. 2 . , Line 1, add the word "Desirable" in
front of "Qualifications of Committee Members," and Line 2, change
the word "shall" to "should."
(3 ) Page 2, Paragraph C.6., last sentence to read, "All the
meetings shall be held in public at city Hall, unless otherwise
noticed."
Mr. Christiansen read the title of the amended Ordinance
establishing an Architectural Advisory Committee. Council Members
voted to dispense with further reading of the Ordinance. Mayor
Millis said that constituted the first reading.
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CITY COUNCIL MINUTES
JUNE 26, 1990
B.A. HOOK ~S ~ CAMINO MERCAQP
Mr. Karp ~aid he would report on FAU funding for this project
at the Council meeting of July 10, 1990. .
B.B. INTE~SECTION IMf~QVEME~T!;i AT WEST B~NCH $TRE~T/GRAND
,
AVENUE/TRAFFIC WAY AND WE$j;.E)' $~EE1
No Report.
Q.C. GRAND ~VENUE (ELM STR~W' TO ~YQN ROAD) I~ROVF;ME~TS
Mr. Karp said the bids would be opened and the project could
l be awarded at the Council meeting of ~uly 10, 1990.
8.D. pROPERTY T~SFE~ - fIVE ~CRES
No Report.
9.A. QEC~~ION QF SURPLU~ EOUIP~ENT
It was moved by Smith/Dougall, (5-0-0, Smith, Dougall, Olsen,
Moots and Millis voting aye) to approve Resolution No. 2404
Declaring a Surplus Item to be Disposed Of.
9.B. BUS ~ENCHE$. AS REOU!j:$TED BY THE ~OYO GRANDE CHAMBER OF
COMMERCE
Mr. Christiansen referred to his memorandum of June 21, 1990
and recommended the Council approve the benches with the following
conditions:
(1) $500,000 of insurance holding the city harmless.
I
(2) No tobacco 'or alcohol advertising.
(3) That all benches w~ll be kept in good repair.
(4) That all advertising copy must be approved by the City Manager
and Planning Director.
(5) That the Public Works Director approve locations in accordance
with safety standards.
council Member Moots requested that there be benches at all
bus stops.
It was moved by Smith/Dougall, and the motion passed, to
approve Mr. Christiansen's recommendation.
9.G. LETTE~ OF REOUEST TO CONSTRUCT A R~~INING WALL TALLER T~N
T~E 30-INC/i ST~DARDS OF ~OYAL OAKS: 429 EMER1>J..D BAY DRIVE: MR. AND
MRS. DONALD VICKERS. RErRES~NTED BY ~AMES V. $/iEPARD
Mr. christiansen referred to his memorandum of June 21, 1990
and recommended that the Co~ncil approve the retaining wall with
the fOllowing conditions:
(1) The retaining wall to be ,designed by a Civil Engineer.
(2) Retaining wall will not create any drainage problems to
adjacent properties, existing drainage swales and structures.
(3) Construction shall be inspected by the Building Department.
It was moved by SmithjMoots to approve the retaining wall with
the conditions recommended by Mr. Christiansen.
JAMES SHEPARD requested relief from condition (1) and said the
wall was approved and engineered according to city standards.
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CITY COUNCIL MINUTES
JUNE 26, 1990
The public Works Director said he would like an engineer to
review the wall design, and requested that condition (1) remain as
listed.
The Council voted unanimously to approve the recommendation
with the conditions (1), (2) and (3) as listed.
9.D. PLANNING COMMISSION REOUEST THAT TijE COU~~IL MEET WITH THE
COUNTY SUPERVISOR TO DISCUS~ USE OF WATER IN THE COVNTY
The Planning Director spoke on behalf of the Planning
Commission and said the County is ignoring some of the City's
concerns regarding water usage on projects being approved just '
outside the City's boundaries. She said the Commission has J
requested that the Council meet with the Fourth District Supervisor
to discuss a County policy which would require as part of the
environmental review, an analysis of water usage concerning water
on all county projects impacting the City.
The city Attorney said that one action the Planning commission
could recommend to the Council is for the City to protest an
inadequate environmental analysis, and then file a suit with the
Attorney General saying that the environmental determination is
inadequate.
The Council agreed that letters to the county are being
ignored, and decided to take the matter under advLsement. Mayor
Millis directed Staff to put any County projects impacting the City
on the Council Agenda. He said the Council then could decide what
action to take.
council Member Smith suggested that County projects that
impact the cities should be discussed at the Mayors' meeting, and
Mayor Millis directed Staff to request that this be an agenda item
for the Mayors.
Mayor Millis directed Staff to thank the Planning Commission
for the work being done on a water plan for the City.
9.E. RESOLUTION AMENDING TijE S.E.I.U. MEMORANDUM QF UNDERSTANDING
BY ADDING THE RESULTS OF T~E BECKER AND BELL CLASSIFICATION AND
COMPENSATION STUDY
Mr. Christiansen said one minor exclusion from the resolution
list of positions should be Associate Planner. He said there is
an appeal in progress.
It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Moots,
Olsen and Millis voting aye) to approve amended Resolution No. 2405
Amending Resolutions Nos. 2324 and 2328, Which Adopted a Memorandum
of Understanding Between the City and the S.E.I.U. Group for the
Years 1989-90 and 1990-91, by Adding Results of the Becker and Bell J
Classification and Compensation Study for 1990-91.
10. WRITTEN COMMU~ICATIONS
Hr. Christiansen said an emergency item had come up after the
agenda was printed and requested that the Council vote to take up
the matter.
It was moved by Olsen/Smith (5-0-0, Olsen, Smith, Dougall,
Moots and Millis voting aye) to discuss an emergency item
concerning a requested Fourth, of July block party from 3 to 10:00
P.M. on Turquoise Drive (between 800 and 841 addresses).
It was moved by OlsenjMoots, and the motion passed, to approve
the block party on Turquoise, and to authorize the City Manager to
approve any other requests for the July 4, 1990 block parties,
provided all City health and safety requirements are met.
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CITY COUNCIL MINUT!S
JUNE 26, 1990
p. QRAL CO~ICATIO~S
Mayor Millis said it is his intention at the next Council
meeting to move Jim Souza from the Parking and Traffic' Commission
to the Planning Commission.
Mayor Millis said the city is saddened by the passing of
Assemblyman Eric Seastrand. He said the City flags had been at
half-mast in his honor. He read a letter ,to Mrs. Seastrand
expressing the City's sorrow at her loss.
l Council Member Moots said the Clark Police Center was opened
the day of this meeting, and congratulated the Police on the new
building and operation.
AD,JQU1UIMENT
It was moved by Moots/Smith, and the motion passed, to adjourn
the meeting at 10:02 P.M. , ;J;!Ll71i/j~
M. MILLIS, Y R
ATTEST:
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