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Minutes 1990-05-22 / I ""'" 257 I / '""- .~ / . .' MINUTES , MEETING OF THE CITY COUNCIL \ TUESDAY, MAY 22, 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 I presiding. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and r the Rev. Paul Jones 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, planning Director Doreen Liberto- Blanck, Long Range Planner Sandy Bierdzinski and Public Works Director Paul Xarp. ORAL COMMUNICATIONS None. S. CONSENT AGENDA It was moved by smith/Dougall, and the motion passed, to approve Consent Agenda Items 5.B. through 5.0. , with the recommended courses of action. 5.B. April 25, 1990, city council Minutes. Approved. S.C. April 30, 1990, city Council Minutes. Approved. S.D. May 8, 1990, City Council Minutes. Approved. 5.E. May 14, 1990, city Council Minutes. Approved. 5.F. Letter of Resignation from Sharon L. Fischer, Planning commissioner, Effective June 1, 1990. Accepted with Regrets. S.G. Acceptance of Bridge street Bridge. Accepted and Authorized. - I 5.H. Assessment of the Pothole Hot Line Program. Information. 5.1. Award of Contract for Allen Street Water and Sewer Main Improvements: Project No. 60-70-90-1. Awarded to low bidder. 5.J. Acceptance of Improvements for Parcel Map AG 86-065: Lot Split Case No. 86-430 (sunrise Terrace Homes Limited). Accepted and - Authorized. , 5.K. Progress Payment No. 12, Arroyo Grande police Station Renovation: Project No. 754. Approved. 5.L. Agreement to Refrain from Development: Charles Doster and Carlen Landeck: 320 East Branch Street. Authorized and Accepted. S.M. Offer to Dedicate an Easement: Charles Doster and Carlen Landeck; 320 East Branch Street. Authorized and Accepted. 5.N. Agreement Affecting Real Property: Arno Lascari: 1064 Maple Street. Authorized. 5.0. Authorization Signature for Grant from the National Endowment for the Arts. Authorized. Mayor Millis read the Proclamation for "National Public Works 1 258 - ," ~ / CITY COUNCIL MINUTES MAY 22, 1990 Week," May 20 - 26, 1990, (Consent Agenda Item 5.A.) , and recognized the Public Works Director: Associate Engineer Avelino Lampi toc, and Public Works Superintendent Dave Mulkey, who accepted the proclamation on behalf of all the men at the city Corporate Yard. Mayor Millis read the details of the Senior citizen Grocery Home Deli very Program (Consent Agenda Item 5. P. ), and directed staff to write a letter of appreciation to the J.J. Food COJlpany of Arroyo Grande. The program is also sponsored by the City Senior Advisory Commission. It was moved by Smith/Dougall, and the motion passed, to approve Consent Agenda Items 5.A. and 5.P., with the recommended courses of action. i ....J 6. REGISTER OF CHECKS It was moved by Dougall/Olsen, and the motion passed, to approve the cash disbursements in the total amount of $273,305.70, as contained in the May 16, 1990 staff Report of Finance Director David Bacon. 7.A. CONTINUATION OF PUBLIC HEARING - ADOPTION OF GENERAL PLAN UPDATE OF LAND USE. HOUSING. OPEN SPACE. AND CONSERVATION ELEMBNTS. - Ms. Bierdzinski referred to a letter dated May 21, 1990 from Burtram Johnson requesting that the public hearing be rescheduled to allow property owners time to respond to proposed changes in the General Plan Land Use, Area designations. Ms. Bierdzinski also referred to May 22, 1990 Staff Report of the planning Director. She discussed "clean-up items" in the Staff Report including: 1. Resolution No. 2392, which includes language allowing the City to process General Plan amendments at no charge for the first year after adoption for those areas that may have been inadvertently omitted. 2. Resolution No. 2391 correctly identifies that Landform/Typography and Geology/seismicity categories have significant but mitigated impacts as indicated in the text of the Environmental Impact Report. Mrs. Bierdzinski explained the purposes of the three proposed Resolutions, and listed the three points of the "Interim pOlicy for Implementation of the General Plan," as written on Page 3 of the Staff Report. She said the current prohibition on accepting applications or processing building permits in the R-3 zone or areas previously designated in the General Plan for medium high density residential does not end until the Development Code and Resource Management Plan are adopted, or November, 1990 (whichever occurs first) . She said Staff is proposing an interim urgency ordinance be adopted requiring conditional use permits for certain applications within commercial and industrial zones. After being assured that the Public Hearing had been duly I published and all legal requirements met, Mayor Millis declared the --I hearing open and said all persons would be heard regarding the matter. JIM MC GILLIS, surveyor for San Luis Engineering, asked if the General Plan multi-family use, which was previous~y R-3, is still in the moratorium, and Staff responded in the affirmative. BURTRAM JOHNSON, representing Kawaoka Farms, requested that, the Council reschedule the public hearing at a subsequent date to allow property owners sufficient "time to respond with written presentations. 2 ~- .._. . -.'.--'" ----- I e_ /", 259 ~ . CITY COUNCIL MINUTES MAY 22, 1990 Mayor Millis asked the, City Attorney for direction on the matter. Ms. Skousen 'said that the Council could proceed to take the rest of the public testimony and then either continue the hearing or take action. She said she had reviewed the letters submitted and found there, are no legal grounds to grant the continuance: that there had been adequate notice given. She said Mr. Johnson and Xawaoka Farms had participated in numerous public hearings. She " said Staff had reviewed their objections and the material had been presented to both the Planning Commission and the city Council. She said all their avenues have been explored and discussed, and Staff's recommendations are appropriate for the area. Mayor Millis asked if anyone else would like to speak, and when no one came forward closed the public hearing to the floor. Council Members said they wished to proceed with the voting on the Resolutions necessary for adoption of the General Plan. It was moved by Olsen/Dougall (5-0-0, Olsen, Dougall, Smith, I Moots and Millis voting aye) to approve Resolution No. 2390 I Certifying That the Final Environmental Impact Report for the General Plan Update of the Land Use, Housing, Open Space and Conservation Elements has been Prepared in Compliance with the California Environmental Quality. Act and Certifying that the City Council has reviewed and considered the Information Contained in the Final Environmental Impact Report. It was moved by Olsen/Dougall (5-0-0, Olsen, Dougall, Moots, Smith and Millis voting aye) to approve Resolution No. 2391 Making Certain Findings Regarding the Environmental Impacts of the Proposed General Plan Update of the Land Use, Housing, open Space and Conservation Elements. It was moved by Olsen/Dougall (5-0-0, Olsen, Dougall, Smith, Moots and Millis voting aye) to approve Resolution No. 2392 Adopting the 1990 Land Use, Housing, Open Space and Conservation Elements of the General Plan. 7.B. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF ~NTATIVE TRACT NO. 983. PROPOSED RESUBDIVISION OF FOUR EXISTING PARCELS INTO SIX PARCELS: 139. 141. 143 AND 145 TALLY HO ROAD: L.C. LAVINE Mayor Millis said the appellant had requested a continuance of this hearing. Ms. Skousen recommended that the Mayor open the Public Hearing, and after testimony, request that the Planning -- Commission supply the Council with recommendations. 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. MR. MCGILLIS, who was representing the appellant, requested that the hearing be continued and the matter be returned to the Planning Commission. No one further came forward to speak. The Planning Director said the project will be considered under the previous General Plan. It was moved by Moots/Dougall, and the motion passed, to continue the Public Hearing to July 10, 1990, in order to allow time for the Planning Commission to review and discuss the project. 3 260 ~ ~ CITY COUNCIL MINUTES MAY 22, 1990 8.A. HOOK RAMPS AT CAMINO MERCADO No Report. 8. B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY ~ND WESLEY STREET Mr. Karp said the final appraisal process soon will be beginning. 8.C. PROPOSED POLICE FACILITY EXPANSION Mr. Christiansen said the Police hope to be moving into the new facility during the week of May 28, 1990. 8.D. HAZARDOUS MATERIALS COLLECTION EVENT. JUNE 2. 1990 Council Member Dougall described the first Community SWeep j Household Hazardous Waste Cleanup day June 2, 1990. He said the ~ city has set aside $17,000 for hazardous waste cleanup, but that it would be paying for the special Cleanup day on a per capita basis. 8. E. CONSIDERATION BY THE CITY COUNCIL TO REOUEST THAT THE PLANNING COMMISSION~ATER POLICY I Mr. Christiansen said the Staff recommends that the Council consider directing the Planning Comm~ssion to study the issue and _ recommend a water policy. BERNARD LANDSMAN of 579 Newman Drive said he was concerned about the Arroyo Grande water supply, and felt that the residents may be in jeopardy of losing their Lopez water rights. He requested that the Council hold in abeyance any requests for lot splits, which may cause the city to have water rationing, conservation problems, "water police," neighbors spying on each other, and/or higher costs. Mayor Millis said Mr. Landsman's recommendations should be forwarded to the Planning Commission. Council Member Olsen said lot splits and guest houses should be held in abeyance until a supplementary water source is found. Council Member Moots said a spelled out written water policy is needed. Mayor Millis said a policy to deal with everything from I lot splits to subdivisions, tract maps, etc. is needed. The Mayor suggested that Staff check with other cities in the State and the League of California Cities to get ideas for the policy. Ms. Liberto-Blanck said she would coordinate wi th Karen Williams, the new Water Conservation Director. The Planning Director said the Planning Commission would expedite a workshop and public hearing. There was a discussion of adopting an interim urgency ordinance on lot splits. Council Member Moots brought up the subject of second units ~ or "granny flats," and Ms. Skousen said the State requires cities to permit them, but they can be regulated. council Member Moots pointed out that there could be a race to get projects approved if the Council waited to take action at a future meeting. Mayor Millis said the urgency ordinance could be effective as of 5:00 P.M. today (May 22, 1990). At Council direction, the city Attorney and the Planning Director left the room to prepare the interim urgency ordinance on lot splits and second units. , THE COUNCIL RECESSED FROM 8:15 TO ~:28 P.M. 4 ~ I ::- 261 i CITY COUNCIL MINUTES MAY 22, 1990 Mayor Millis said more time was needed to draft the proposed ordinance, and that the order of the agenda items would be changed until the city Attorney and Planning Director complete their work. , 11. ORAL COMMUNICATIONS MICHAEL PASERELLI of Morro Bay requested that council Members participate in a fund raising booth in the strawberry Festival. Mr. Paserelli said the funds raised would benefit the San Luis Obispo County Food Bank for homeless persons. r a.F. PROPERTY TRANSFER - FIVE'ACRES No Report. ~~. INTERIM URGENCY ORDINANCE AMENDING THE ZONING ORDINANCE TO ~CONDITIONAL USE PERMIT REVIEW OF CERTAIN COMMERCIAL AND INDUSTRIAL PROJECTS Ms. Bierdzinski referred to the May 22, 1990 Staff Report of the Planning Director, and said it is the Staff Recommendation that the Council adopt the Interim Urgency ordinance amending the Zoning Ordinance to require conditional use permit review of certain commercial and industrial projects. She pointed that the adoption of the ordinance would require four affirmative votes, would be in effect for 45 days and could be extended further after a public hearing. It was moved by Smi thjMoots (5-0-0, Smith, Moots, Olsen, Dougall and Millis voting aye) to adopt Interim Urgency Ordinance No. 422 C.S. Amending the zoning Ordinance to Require Conditional Use Permit review of Certain Commercial and Industrial Projects. 9.B. DISPOSAL OF HAZARDOUS WASTE FROM CITY'S CORPORATE YARD Mr. Karp referred to his Staff Report of May 7, 1990 and recommended that the City Council authorize an unbudgeted expendi ture of $15,000 to dispose of the existing stockpile of hazardous waste from the city's Corporate Yard: and authorize expenditure of an additional $10,000 to begin the assessment and plan of corrections ordered by the County Health Agency. These expenditures will be charged to the field departments as follows: I 60 percent, Streets: 20 percent, Automotive Shop: 10 percent, - Water, and 10 percent, Parks. Mr. Karp said his department is complying with the orders of the Health Agency as quickly as I possible. He said he is glad to have the help of the County Health I Agency to resolve this matter. He reported that the City Water i Engineer had already been assigned to the project. i It was moved by Moots/Smith, and the motion passed, to approve ' the Staff recommendation. r- 9.C. REOUEST FOR FENCE INSTALLATION AT BACK OF SIDEWALK. 990 FAIR OAKS AVENUE Withdrawn from agenda. 9.D. INFORMATION FROM HAZARDOUS WASTE COMMISSION AND SOLID WASTE TASK FORCE MEETINGS OF MAY 3. 1990: AND MEMORANDUM OF UNDERSTANDING REGARDING SOLID WASTE MANAGEMENX council Member Dougall referred to his memorandum of May 17, 1990 covering the Hazardous Waste Commission and solid Waste Task Force meetings of May 3, 1990, and the Hay 14, 1990 Staff Report of Director of Building and Fire Doug Hamp covering the Solid Waste Management Memorandum of Understanding. Council Member Dougall said the city is being asked to approve a Memorandum of Understanding which would raise the County landfill tipping fees by $1.00 per ton. He said the surcharge would be used to implement the requirements of the California Integrated Solid 5 2 6 2 r-'. ~ I CITY COUNCIL MINUTES I MAY 22, 1990 I I Waste Management Act of 1989 (AB 939). It was moved by Dougall/Smith (5-0-0, Dougall, Smith, Olsen, Moots and Millis voting aye) to approve Resolution No. 2393 Ratifying a Memorandum of Understanding for a Regional Solid Waste Management Planning Program to Comply with the California Integrated Solid Waste Management Act of 1989 (AB 939) 9.E. ~SOLUTIONS DESIGNATING THREE LANDMARK TREES. 543 IDE STREET It was moved by smith/Moots (5-0-0, Smi th, Moots, Olsen, Dougall and Millis voting aye) to approve Resolution No. 2394 Designating Landmark Tree 90-54. It was moved by Smith/Moots (5-0-0, smith, Moots, Dougall, Olsen and Millis voting aye) to approve Resolution No. 2395 Designating Landmark Tree 90-55. ~ It was moved by smith/Moots (5-0-0, Smith, Moots, Dougall, Olsen and Millis voting aye) .to 'approve Resolution No. 2396 Designating Landmark Tree 90-56. 9.F. RESOLUTION DESIGNATING A LANDMARK TREE. 289 TALLY HO ROAD It was moved by smith/Moots (5-0-0, Smith, Moots, Dougall, Olsen and Millis voting aye) to approve Resolution No. 2397 Designating Landmark Tree 90-57. I 9.G. RESOLUTION AUTHORIZING DESIGNATED CITY REPRESENTATIVES TO ~COUIRE FED~ ~URPLUS PROPERTY FROM THE CALIFORNIA DEPARTMENT OF I GENERAL SERVICE~ It was moved by Smi th/Moots (5-0-0, smi th, Moots, Olsen, I Dougall and Millis voting aye) to approve Resolution No. 2398 Authorizing City Representatives to Acquire Federal Surplus Property from the State of California. 8.E. CONTINU~ON OF CONSIDERATION BY THE CITY COUNCIL TO REOUEST THAT THE PLANNING COMMISSION FORMULATE A WATER POLICY The Ci ty Attorney and Planning Director returned with a proposed interim urgency ordinance for Council action. Mayor Millis said the proposed ordinance on lot splits and second units is in addition to the Council request that the Planning Commission formulate a City Water POlicy. Ms. Skousen read the Interim Urgency Ordinance in its entirety. She read that it was the intent of the Council that the ordinance should not apply to any application or request submitted I prior to 5:00 P.M. Tuesday, May 22,.1990. I It was moved by Smith/Olsen to adopt Ordinance No. 421 C.S. Suspending certain Development Processing, Including But Not Limited to, Lot Splits and/or Second units. Ms. Liberto-Blanck pointed out that the reference to rezoning does not prevent the City Council from adopting a new zoning ordinance. Ms. Skousen said the urgency ordinance exempts projects ....; with approved development agreements entered into by the city. Mayor Millis and Council Member Moots stressed they did not expect that the interim urgency ordinance would be in effect for two years, but only until the City water policy was adopted. Mayor Millis said the ordinance does not affect any application submitted before 5:00 P.M. May 22, 1990. On a roll call vote, Council Members Smith, Olsen, Moots, Dougall and Mayor Millis voted aye. The City Attorney said that the interim urgency ordinance was 6 . ... .__.__. _. .,.__.~.__._... _......_......____.___ ___._____.__.__ m .______~_ .. _.___ ~"' , ,- I - 263 CITY COUNCIL MINUTES MAY 22, 1990 not on the agenda per se, but she felt it flowed naturally from the Council's consideration of requesting the Planning Commission to formulate a water pOlicy. She said it is a temporary measure taken until the water policy is accepted., She advised, however, that the Council vote to add it to the aqenda as an emergency item. It was moved by smith/Olsen (5-0-0, Smith, Olsen, Dougall, Moots and Millis voting aye) to declare that there was a need to place the interim urgency ordinance on lot splits and second units on the agenda, and that the need arose after the agenda was ,'-- printed. A motion to adopt the previously read ordinance was made by Dougall/Smith (5-0-0, Dougall, smith, Moots, Olsen and Millis voting aye). Mayor Millis expressed the 'Council's appreciation for the work of the City Attorney and the Planning Director in preparation of the ordinance on such short notice. 9.H. AD HOC TEEN ADVISORY COMMISSION. AS RECOMMENDED BY THE PARKS AND RECREATION COMMISSION There was Council discussion of the establishment of a Teen Advisory group to serve as a subcommittee of the Parks and Recreation Commission. The city Attorney recommended that it be designated as a temporary organization formed for one purpose, so that the group will not be subject to the Brown Act and members will not have to file Financial Statements. The Council decided that the group will be called the Teen Advisory committee, and that committee rules will include that it be made up of five residents of the City appointed by the Mayor, and the committee will expire in two years. It was moved by Dougall/Olsen, and the motion passed, to form a Teen Advisory Committee with advertised and open meetings, and instruct the city Clerk to place notices in the newspaper inviting residents of the City to apply for membership. I 10. WRITTEN COMMUNICATIONS None. I 11. ORAL COMMUNICATIONS Mayor Millis said it was his intention to re-nominate at the I June 12, 1990 city Council meeting the fOllowing persons to the various City commissions: 1. Robert Carr and John Soto - Planning Commission I 2. Gee Gee Soto and Alex Woolworth - Parks and Recreation Commission. Mayor Millis said Ernie ped has declined to accept renomination, so he will be nominating Douglas Hitchen to succeed him. 3. Richard Franks, Derril Pilkington and John Xeen - Parking and Traffic Commission. 4. Robert Gruber and Phil Romero - Senior Advisory Commission. 5. Jim silva and J. Ira Hughes - Downtown Parking Advisory Board . 12. CLOSED SESSION The Council adjourned at 9:14 P.M. on passage of a motion by I smith/Olsen. Subjects of the session were personnel, Gov. Code Sec. 54957(a), and pending litigation, Mack VB. city of Arroyo Grande. 7 i I i , , I 264 -, - - CITY COUNCIL MINUTES MAY 22, 1990 13. AQJOURNMENT The Council reconvened at 9:30 P.M. and immediately adjourned, on passage of a motion of Moots/Dougall. , ~~"~L M. KILLI , ~Y6R a. . ATTEST: CITY CLERK J I I I i, , i I I i -.J . 8