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Minutes 1990-03-13 -, MINUTES MEETING OF THE CITY COUNCIL TUESDAY, MARCH 13, 1990 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CA 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. Randy Quimette of st. John's Lutheran 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. ORAL COMMUNICATIONS None. CONSENT AGENDA It was moved by Moots/Olsen, and the motion passed, to approve Consent Agenda Items 5.A. through 5.C. and 5.E. through 5.M., with the recommended courses of action. 5.A. Proclamation, "Census Day," April 1, 1990. Proclaimed. 5.B. Proclamation, "California Earthquake Preparedness Month," April, 1990. Proclaimed. 5.C. February 13, 1990, city Council Minutes. Approved. 5.E. March 7, 1990, senior Advisory Commission Minutes. Information. 5.F. December 18, 1989, Parking and Traffic commission Minutes. Information. 5.G. January 15, 1990, Parking and Traffic commission Minutes. Information. 5.H. February, 1990, Parking and Traffic Commission Minutes. Information. 5.1. Purchase of Air Filtration System for the Police Department Communications Center. Approved. 5.J. Progress Payment No. 8, Arroyo Grande Police Station Renovation, Project No. 754. Approved. 5.K. Bridge Street Bridge Rehabilitation Restoration, Project No. 89-90-2. Approved. 5.L. Purchase of Line Removed Equipment, Public Works Department, Budgeted Item. Approved. S.M. 1990 Update to the Public Works operational policy and Procedure Handbook for Field Personnel. Information. Item S.D. February 27, 1990, City Council Minutes. Council Member Moots corrected the Minutes, Page 3, second paragraph of Item 12.A. to read, "It was moved by Smith/Dougall (4-0-1, Smith, Dougall, Olsen and Millis voting aye, Moots not voting) to adopt Ordinance No. 418 c.s., Amending Ordinance No. 355 C.S. Royal Oaks Estates to Modify Exhibit "A." 1 - CITY COUNCIL MARCH 13, 1990 6. REGISTER OF CHECKS It was moved by Olsen/Dougall, and the motion passed, to approve the Cash Disbursements, as contained in the March 8, 1990, Staff Report of Finance Director David Bacon. 7.A. CONTINUATION OF PUBLIC HEARING - REZONING AND PLANNED DEVELOPMENT CASE NO. 89-217/TENTATIVE TRACT MAP 1769: (1) ZONE CHANGE FROM PD PLANNED DEVELOPMENT TO R-1/PD SINGLE-FAMILY RESIDENTIAL ZONE AND DEVELOPMENT PLAN: (21 SUBDIVISION TO CREATE 30 LOTS: FARROLL AVENUE (AT WEST CITY LIMIT LINE). HERB PHILLIPS. city Manager Chris Christiansen explained that it was not necessary for the Council to take action on this agenda item at this meeting. He said that on February 27, 1990, the Council had passed a Motion of Intent to Approve the project, and would be voting on its approval at the meeting of March 27, 1990. He said a Notice of Intent to Adopt a Negative Declaration with Mitigation Measures had been pUblished. 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. 7.B. PUBLIC HEARING - CURBSIDE RECYCLING PROGRAM FOR NEWSPAPER. GLASS. PLASTIC. AND ALUMINUM CANS: CITYWIDE With regard to the Recycling Program being proposed by the South County Sanitary service, Mr. Christiansen said t~e rates to the three cities were different. He said several weeks ago Grover Ci ty adopted rates of $.60 per month for residential, and 9.5 percent for commercial. He said on March 12, 1990, pismo Beach adopted a rate of $.50 for residential, and 7.81 percent for commercial. He said there is a need for clarification of the rates. TOM MARTIN, controller for the South County Sanitation Service, said it was hoped when recycling talks began that all three cities would go together to arrive at a combined rate to maintain the continuity that has existed for the last 20 years. He said pismo Beach has agreed in principle to a recycling program but 'not the rate. He said Grover city has said it would abide by a proposed combined rate for the tri-city area of $.50 a month for residential and 8.94 percent for commercial. He said the proposed rate for Pismo Beach of 7.81 percent is a result of the city's higher ratio of commercial to residential. He said the difference in ratios creates inequities in total billing. In response to a question from Council Member Olsen, Mr. Martin said monthly recycling rate for a business would be approximately $2.50. 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. Speaking in opposition to paying a recycling fee was SANDY FACCHETTI of 248 Tally Ho Road. He said the fees would have a harmful effect on residents with fixed incomes. He said it would not be fair for a family of two to pay the same rate as a larger household. He said the recycling should be done at the landfill site. Speaking in favor of recycling were DAWN WILLIAMS of 202 Oro Drive; PAUL WEINBERG of 546 Ide Street; DICK FRANKS of 879 Fair 2 ~ CITY COUNCIL MARCH 13, 1990 Oaks Avenue; BARBARA VASQUEZ of 387 N. Elm street; JEAN BOWSER of 510 Woodland; LORNA BROWN of 508 Allen street, and BILL WALTHUR of rural Arroyo Grande. Points made by the speakers included, the landfill is almost full and a new landfill would be costly; most people would recycle if they were given the proper containers; the problem of trash should be solved at the local level, and children would learn about and help with the recycling at school and at home. Questions asked by MR. FRANKS, MRS. BROWN, LORI MCDERMOTT of 440 Stanton, MARIE CATTOIR of 195 Orchid Lane, and ARMAND CARPENTIER of San Miguel concerned, whether the recycling rates charged would fluctuate with the market rates; whether homeowners should continue their own recycling of materials which have high market values; whether there would be two separate contracts with the Sanitary Service; whether the materials collected would actually be recycled or taken to the landfill; whether the figures used as the basis for the proposed fee are available to the public, and whether glass would be color sorted. other questions asked concerned, whether there would be thorough record-keeping so that competitive bidding on recyclers would take place in the future; whether the City would have the recycling contract available to the pUblic before any action is taken; whether a fee is necessary since materials collected have value; whether the contract should include a "hardship" Clause for people who cannot afford the fee, and how the City would reach the 25 percent waste stream reduction required by AB 939. KURT KUPPER, manager of ECOSLO, said he was unable to submit a bid to collect the recyclable materials because of the short time factor. He recommended that the three South County Cities go together and send out Requests for Proposals. He discussed education of the pUblic as being critical. He said in three to five years the market for materials would be healthy. RUTH BRACKETT of Nipomo said local collectors spend a large amount of money shipping the materials out of the area for recycling. Mr. Martin said the Sanitary Service would like to reserve the right to dispose of the materials in the most efficient manner possible, in case the cost of recycling exceeds the revenue earned. He said the Sanitary Service proposed the recycling plan 18 months ago, and no one else has come forward with another proposal. He said normally a garbage rate review takes place every two years, and rates always have increased. He said any revenues earned from selling recycling materials would be on the Sanitary District's financial statements and would be used to either lower the increase requested or increase the rate needed to continue to operate the program. Mr. Martin said curbside recycling will not reduce the materials going to the landfill a great deal. He said if every city in the County goes "on line," there will be only a six percent reduction in what goes to Cold Canyon Landfill. He said $8,000 is being allocated in the proposal for educating the pUblic on recycling in Arroyo Grande. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor, and Council Members began < their discussion on recycling. Council Members Moots, Smith and Olsen and Mayor Millis said the Council had always been in favor of recycling. Their comments included concerns about the best possible standard rate for all 3 -, CITY COUNCIL MARCH 13, 1990 three cities being negotiated: the contract being on a trial basis with review: the contract including statements on record keeping, hardship cases, an education program; making sure everything collected is recycled, and having regular garbage collection rates and recycling fees all in one package. Mayor Millis said the original rates proposed have been decreased because Arroyo Grande has asked questions. He said Arroyo Grande, should pay the same rate as is proposed for pismo Beach - 7.81 percent for commercial, and $.50 monthly for residential. Mr. Martin said the Sanitary Service is not interested in running a program on a trial basis, and will not provide commercial collection for 7.81 percent. HEATHER JENSEN, manager of the Arroyo Grande Chamber of Commerce, asked if the Council actually knew the dollar numbers are reflected on the businesses. Mr. Christiansen said the figure would be $2,700 to $2,800 monthly citywide on the business community. Mayor Millis asked if residential rates were lowered by increasing the commercial rates. Mr. Martin said total commercial collections have increased. He said while the percentage of business dollars has not changed, the total dollars generated by that percentage is more so the residential increase can be offset. After further discussion, it was moved by Olsen/Smith to signify the Council's intent to enter into a recycling contract with the South County Sanitary service, with the understanding that rates will be ironed out, and a resolution to that effect will be brought to the next Council meeting. After more discussion concerning whether or not rates should be in the resolution, Council Members Olsen and Smith withdrew their motion and second. Mr. Christiansen read the second resolution in its entirety, and the residential rate was set at $.50 for residential per month, and 7.81 percent for commercial. Council Member Dougall pointed out that the words "Residential rate shall be $.50 per month." should be substituted for "Residential service one time per week shall be $.50. II in the fourth paragraph, letter a). It was moved by Moots/Smith (4-0-1, Moots, smith, Olsen and Millis voting aye, and Dougall abstaining) to approve Resolution No. 2376, as corrected, concerning rates for curbside recycling in the city of Arroyo Grande. 7.C. APPEAL OF PLANNING COMMISSION DENIAL OF A LOT SPLIT. PARCEL MAP CASE NO. 89-483: TO CREATE TWO LOTS FROM A 16.304.5 SOUARE FOOT PARCEL: DENIAL WAS BASED ON INCONSISTENCY WITH THE GENERAL PLAN; 1131 FAIR OAKS: KIRBY GORDON AND DANIEL DOWLING Planning Director Liberto-Blanck referred to her Staff Report of March 13, 1990 and indicated a March 12, 1990, letter from Scott and Kathy Preston: a March 13, 1990, letter from Stanley A. Eisner, Director of Planning for The Keith Companies, sacramento, and a petition from residents of Walnut, Fair Oaks and Maple Streets. Ms. Liberto-Blanck recommended that the Council uphold the Planning Commission denial and deny the appeal. 4 ,- CITY COUNCIL MARCH 13, 1990 city Attorney Judy Skousen spoke to the Council referring to her memorandum to the Council on the issues raised by Kirby Gordon. She reiterated that the 6,000 minimum that Mr. Gordon is talking about is the minimum building site. She said it has nothing to do wi th the General Plan, with density or zoning. She said the General Plan sets the density and each project that comes before the Council has to be reviewed and be consistent with the General Plan. She said in order for this project to be consistent with the General Plan, it cannot be more than 4.5 units per acre, and the Council should consider only the property that is before it. She said that each property owner that comes to the City for a lot split or subdivision has to meet and be consistent with the General Plan requirements on his own. He cannot take or give to his neighbor. She said the 6,000 square feet of Mr. Gordon's site is the minimum building site. She said this means that when he comes in for a building permit it can be determined whether or not that lot can be built on lot after subtracting unbuildable areas. She said it has nothing to do with density and Mr. Gordon has confused those two terms. She said the Sacramento Off ice of General Planning said that the General Plan has to be complied with by each parcel on its own without consideration of surrounding parcels. Ms. Skousen said the only legal thing the Council could do is to uphold the Planning commission. She said if a law was broken in the past, it does not mean the city should break the law today. 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. KIRBY GORDON of 401 Indio Drive, Pismo Beach, the appellant, said that Noel Higa of Engineering Development Associates would be speaking to the Council, and Tracy Wiley, a court reporter, would be recording the meeting. He said a video tape also would be taken. Three points made by NOEL HIGA of EDA were, there are no impacts raised that have not been mitigated or addressed by the applicant, water and sewer use will go down, and traffic impacts have been agreed to. He said the General Plan is not site specific, but is designed to give guidance. He used the overhead projector to show the general area of the parcel in question, and said if all lots were developed, there would be 39 units on 8.79 acres, which is wholly consistent with the General Plan. He said the City will find other oversize lots compared to their surrounding areas. He said "infill" development is being promoted so lots should be allowed to develop logically and consistently. MELVIN C. CALDWELL of 565 Woodland Drive said three entities are involved, the applicant, the governing body and the conscience of the community. He said it is a question of treating people fairly. LOUISE AND JACK FAUGHT of 1125 Fair Oaks Avenue spoke in favor of the applicant's appeal, and said no residents of the cul-de-sac signed the petition circulated against the proposed two houses. Mr. Gordon gave a history of the of the use of the parcel of land in question.' He said the previous owner had been in violation of city regulations, and the existing structures have been condemned by the city. He said he would be demolishing the existing structure, and building two one-story single family CITY 5 .~ COUNCIL MARCH 13, 1990 houses. He said the properties would be part of the cul-de-sac's maintenance agreement and would share proportionately the upkeep of the easement. He said lot splits have been allowed previously in the area, and the one allowed on the parcel next door created 6,200 square foot parcels. He said his parcels would be 8,000 square feet. He said he was being treated unfairly, that his lot split would not be inconsistent with the General Plan, that there should be a policy toward "infill" development, and that it would be in the interest of the neighborhood to approve the appeal. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. Mayor Millis directed that a petition opposed to the lot split from neighbors in the area, and letters supporting it from Scott and Kathy Preston and Stanley A. Eisner, former Planning Director be accepted into the record. After Council discussion, it was moved by Smith/Moots, to uphold the Planning Commission denial of the project based on inconsistency with the General Plan, and deny the appeal. That motion and second were withdrawn so that a resolution denying the appeal could be passed. On motion of smith/Moots (5-0-0, Smith, Moots, Olsen, Dougall and Millis voting aye) to approve Resolution 2377 Upholding the Planning Commission's Denial of Parcel Map Case No. 89-483 Located and 1131 Fair Oaks Avenue, Applied for by Kirby and Jill Gordon. It was moved by Smith/Moots, and the motion passed, to amend the title and body of the resolution to include Daniel K. Dowling as one of the applicants. 8.A. UPDATE ON BRIDGE STREET BRIDGE AT ARROYO GRANDE CREEK Public Works Director Karp said the bridge trusses will be installed in mid-April, and the project appears to be on schedule. 8.B. HOOK RAMPS AT CAMINO MERCADO Mr. Karp said the Engineering Staff is reviewing the State plans for the hook ramps on Highway 101. 8.C. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY AND WESLEY STREET No Report. 8.D. POLICE FACILITY EXPANSION Chief of Police Rick TerBorch said completion of the facility will be in four weeks. It was moved by Smith/Moots, and the motion passed, to approve the purchase of furnishings for the Police Facility renovation and expansion project. 8.E. WATER CONSERVATION PROGRAM Mr. Christiansen said he would present a complete report at the next Council meeting. Ms. Skousen, who is working on a Water Conservation resolution, said it has been suggested that a rain water catching system which hooks to a rain gutter and siphons water into a drip system be required for all new development. Mayor Millis said he would like to see one in operation before putting it into a resolution. Council Member Olsen said she had seen one and it appeared to function well. 6 -----~~-------_..._-- . - CITY COUNCIL MARCH 13, 1990 8.F. PROPERTY TRANSFER - FIVE ACRES ADJACENT TO COMMUNITY CENTER Mayor Millis and council Members Dougall and Moots said they may have conflicts of interests in this matter and left the Council dais. Mayor Pro Tem smith presided. Mr. Christiansen referred to his memorandum of March 8, 1990, and said that a letter from curtis Sorg, County Property Manager, states that the exchange of land between the County, the Royal Oaks developers, and the City cannot take place because there are easements, in violation of the agreement, on the land the County was to receive. Ms. Skousen said she had spoken with the County Counsel and Stephen Cool, attorney for the developers, and they said the problem could be worked out. She recommended that the city give the County and developers two weeks before taking legal action. Council Members agreed. County Supervisor Jim Johnson asked if he could present the County's point of view, and Mayor Pro Tem smith said he could be heard at the next meeting of the Council, when the matter is taken up. Mayor Millis and Council Members Moots and Dougall returned to the dais. 9.A. APPOINTMENT OF JAMES M. SOUZA TO THE PARKING AND TRAFFIC COMMISSION: TERM EXPIRES JUNE 30. 1992 (FILLING UNEXPIRED TERM OF FORMER PARKING AND TRAFFIC COMMISSIONER SPENCE THOMAS) Mayor Millis nominated James M. Souza to the Parking and Traffic Commission, and the council approved. 9.B. RESOLUTION ESTABLISHING A "TWO-HOUR PARKING" ZONE ON A PORTION OF BRIDGE STREET (137-145 BRIDGE STREET AND BRIDGE STREET FRONTAGE OF 107 NELSON STREET 1 . ENCOMPASSING A MINIMUM OF FIVE PARKING SPACES On motion of smith/Dougall (4-0-1, Smith, Dougall, Olsen and Millis voting aye, Moots abstaining) to approve Resolution No. 2378 Establishing a "Two-Hour Parking" Zone on a portion of Bridge Street (137-145 Bridge Street and Bridge Street Frontage of 107 Nelson Street) encompassing a minimum of Five Parking Spaces. LETTER OF REOUEST TO CONSTRUCT A RETAINING WALL TALLER THAN THE 30-INCH STANDARDS OF ROYAL OAKS. LOT 4. 11 7 RODEO DRIVE ( HARRY PRESTON) counqil Member Moots said he may have a conflict of interest on this agenda item and left the dais. Mr. Christiansen referred to his memorandum of March 9, 1990, and recommended that council approve the request, with the following conditions: 1. The retaining wall to be designed by a civil Engineer. 2. The 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. On motion of Dougall/Olsen (4-0-1, Dougall, Olsen, smith and Millis voting aye, Moots not voting) to approve Mr., Christiansen's recommendation. 9.D. OFFER TO PAY A CEOA TRAFFIC MITIGATION MEASURE TO CITY ON PROPOSED TENTATIVE TRACTS 1746 AND 1724. LOCATED IN THE UNINCORPORATED AREA There were questions from the Council, and Ms. Liberto-Blanck referred to the March 13, 1990, Staff Report from Mr. Karp and her. 7 _~_._.__.. '_h ...__ --, 2 1 0 -- -...; CITY COUNCIL MARCH 13, 1990 She said that developers of the two tracts, which are located outside of the city but will impact the traffic infrastructure of the ,.city, have agreed as part of the California Environmental Qua\~ty Act mitigation process to pay the City $2,655 per peak hour triP. for the proportion of vehicle trips generated from the projects into the City. She said the City would receive $40,860.00 from Tentative Tract 1746, and $60,556.80 from Tract 1724. She said the money would be used on the City's backbone traffic system, and to do:studies for future improvements. Ms. Liberto-Blanck said the monies coming to the City at this time are a result of City Staff meetings with the County ~ Environmental Coordinator's Office, caltrans, the council of Governments, the city of San Luis obispo, and others. She said those attending discussed how projects in the County area are impacting the Cities. Mr. Karp explained the formula used for reaching the per peak hour trip figure. He said the monies will be used initially to begin circulation modeling for identifying traffic fees. He said the three South County cities and the County will be meeting to establish a standard fee basis for Arroyo Grande, pismo Beach and Grover city. It was moved by Smith/Dougall, and the motion passed, to accept the $2,655 per unit for Tentative Tracts l746 and 1724, with the condition contained in the March 13, 1990 Staff Report. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS None. ADJOURNMENT The council adjourned at 10:07 P.M. ~ A4.~d, ~;L MAYOR . ATTEST: 7l~a. ~ NANCY A. IS, CITY CLERK i l 8 ------- -...--- -" -..