Minutes 1997-11-25
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MINUTES
REGULAR MEETING OF THE ARROYO GRANDE CITY COUNCIL
TUESDAY, NOVEMBER 25, 1997
COMMUNITY CENTERlWOMAN'S CLUB, 211 VERNON STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m.,
with Mayor A. K. "Pete" Dougall presiding. He said nothing reportable occurred
in Closed Session.
2. AND 3. FLAG SALUTE AND INVOCATION
Clay Barks and Carlos Bedia of Arroyo Grande Police Explorers Post 542 led the
Pledge of Allegiance to our Flag. The Reverend Jim Henry, St. Patrick's Catholic
Church, delivered the invocation.
4. ROLL CALL
Present with Mayor Dougall were Mayor Pro Tern Michael Lady and Council
Members Thomas A. Runels and Steve Tolley. Council Member Michael Fuller
was absent. Staff members present were City Manager Robert L. Hunt, City
Attorney Timothy J. Carmel, City Clerk Nancy A. Davis, Community Development
Director Doreen Liberto-Blanck, Director of Financial Services Lynda Snodgrass,
and Public Works Director John Wallace.
5, SPECIAL PRESENTATIONS
None.
6, AGENDA REVIEW
City Manager Hunt said correspondence on Agenda Item 10.a. was distributed to
Council Members.
6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY
It was moved by Lady/Runels and the motion passed unanimously that all
resolutions and ordinances presented at the meeting be read in title only and all
further reading be waived.
7. A. PUBLIC HEARING - LOT LINE ADJUSTMENT 97-543 & CERTIFICATE
OF COMPLIANCE 97-546 (CASTLEROCK DEVELOPMENT)
Council Member Tolley said he had a potential Conflict of Interest and left the
dais.
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CITY COUNCIL MEETING MINUTES
NOVEMBER 25, 1997
Community Development Director Liberto-Blanck said the Planning Commission
recommended the Council adopt a resolution approving Lot Line Adjustment
Case No. 97-543 and Certificate of Compliance Case No. 97-546, located at 617
and 621 Asilo, applied for by Castlerock Development.
Ms. Liberto-Blanck said the project is within Rancho Grande Planned
Development and the lots were approved as part o~ Tract 1834 Phase II in 1991.
After being assured that the Public Hearing had been duly published and all legal
requirements met, Mayor Dougall 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.
Mayor Dougall, Mayor Pro Tern Lady, and Council Members Runels said they
approved of the Planning Commission recommendations.
It was moved by Lady/Runels (3-0-1-1, Lady, Runels, and Dougall voting aye,
Fuller absent, and Tolley abstaining) to adopt Resolution No. 3256 Adopting a
Negative Declaration; Instructing the City Clerk to File a Notice of Determination,
and Approving Lot Line Adjustment Case No. 97-543 and Certificate of
Compliance Case No. 97-546, Located at 617 and 621 Asilo, Applied for by
Castlerock Development.
Council Member Tolley returned to the dais.
7 ,B. PUBLIC HEARING - CONDITIONAL USE PERMIT 84-368 AMENDMENT
(OAK PARK FOURSQUARE CHURCH)
Community Development Director Liberto-Blanck said the Planning Commission
recommended the Council adopt a resolution approving Amendment #1 of
Conditional Use Permit Case No. 84-368, applied for by Oak Park Foursquare
Church, located at 900 Oak Park Boulevard.
Ms. Liberto-Blanck said the church was requesting the Conditional Use Permit be
amended to allow the operation of a preschool and elementary school within the
existing building. She said the school has been in operation since 1990 and
approval of the CUP Amendment would bring the school into conformance with
City Code requirements. She discussed conditions of approval that the fire alarm
system be certified; that grading modifications occur no later than December 15,
1997; that all lighting be shielded, and that the school van be parked on the south
end of the parking lot. She said the project is in Oak Park Acres Planned
Development.
After being assured that the Public Hearing had been duly published and all legal
requirements met, Mayor Dougall declared the hearing open and said all persons
would be heard regarding the matter.
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CITY COUNCIL MEETING MINUTES
NOVEMBER 25, 1997
Leanne Peterson, 1040 Robin Circle, expressed concerns about the drainage
and the church completing the grading modifications.
Bob Smith, who was at the meeting in support of the next agenda item, an
Appeal by Calvary Chapel, said he was a grading contractor and would do the
grading work free for Oak Park Foursquare Church.
Other speakers were Patty Clarkson, administrator of the school, and the
Reverend Burnett, new pastor at the church. They said the church would comply
with the conditions.
When no one further came forward to speak, Mayor Dougall closed the hearing
to the floor.
Council Member Tolley said he was at a meeting of the church representatives
and neighbors and felt confident that the conditions would be met. Other Council
Members agreed.
It was moved by Tolley, Runels (4-0-1 with Tolley, Runels, Lady, and Dougall
voting aye and Fuller absent) to adopt Resolution No. 3257 Adopting a Negative
Declaration, Instructing the City Clerk to File a Notice of Determination, and
Approving Amendment #1 of Conditional Use Permit Case No. 84-368, Applied
for by Oak Park Foursquare Church, Located at 900 Oak Park Boulevard.
7,C. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION
DETERMINATION BY CALVARY CHAPEL (1133 MAPLE STREET)
Community Development Director Liberto-Blanck said staff recommended the
Council adopt a resolution denying the appeal. She said in 1982 the Planning
Commission approved a Conditional Use Permit for Calvary Chapel and the
project's operational times and uses were outlined in a July 1, 1982 letter from
the Chapel. She said on September 12, 1997, the Police Department received
four complaints regarding a skateboard facility operating at the Chapel and on
September 9th and 15th the City Manager's Office received complaints, which
were referred to the Code Enforcement Officer. She said the church is
surrounded by residential uses. She said there were staff meetings with church
representatives and on October 7th the Planning Commission decided that a
Conditional Use Permit was needed to continue operation of the skateboard use.
She said on October 15th the church filed an appeal of the Planning Commission
decision.
After being assured that the Public Hearing had been duly published and all legal
requirements met, Mayor Dougall declared the hearing open and said all persons
would be heard regarding the matter.
Speaking in favor of the appeal were the following:
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CITY COUNCIL MEETING MINUTES
NOVEMBER 25,1997
The Reverend Steve Carr, pastor of Calvary Chapel, who showed photographs
of the skateboard activity to the Council and used the overhead projector to
illustrate his points. He referred to his November 20th letter to the Council
offering to mitigate several impacts of the skateboard activity.
Paul Sisemore, Oceano, Youth Pastor for Calvary Chapel
Bill Barry, Associate Pastor for Calvary Chapel
Don Selvey, 103 Oro Drive
Clay Barks Sr., 952 Live Oak Ridge Road
Reverend Ron Salisbury, president of the Ministerial Association
Bill Miller, Grover Beach
Reverend Paul Bautts, Bethel Baptist Church
The owner of a skateboard park in San Luis Obispo
Willy Hefner, 523 Branch Street
Billy Minter, 317 Walnut Street
Lori Schultz, 1059 Maple Street
Gary Keavney, Pismo Beach
Reverend GiI De La Rosa, Grover Beach
Lynn Parks, 1146 Maple Street
Speaking against the appeal were:
Ron Gibbs, 1169 Maple Street
Mike Byrd, 1165 Maple Street
Angela Lemon, 1165 Maple Street
Dan Walker, 1165 Maple Street
When no one further came forward to speak, Mayor Dougall closed the hearing
to the floor.
Mayor Pro Tem Lady and Council Member Runels said they would vote to uphold
the appeal based on the church's apparent desire to mitigate the noise, lighting,
and time frames. Mayor Dougall said there has to be trust among the church, the
neighborhood, and government. Council Member Tolley said the activity is great
for the young people but there needs to be a Conditional Use Permit.
It was moved by Tolley/Dougall to adopt a resolution denying the appeal, to
permit the skate boarding activity to resume immediately, and to allow the church
30 days to apply for a Conditional Use Permit.
There were Council questions of staff concerning procedure and the affect of the
vote throughout the Public Facility Zone. Council Members discussed among
themselves and with church officials the hours the skateboarding activity would
be conducted. City Attorney Carmel said by voting to uphold the appeal, the
Council would be saying a Conditional Use Permit is not required in a Public
Facility Zone for recreational facilities citywide.
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CITY COUNCIL MEETING MINUTES
NOVEMBER 25, 1997
There was a vote on the Tolley/Dougall motion and Council Member Runels,
Mayor Pro Tem Lady, and Mayor Dougall voted no. Council Member Tolley
voted aye. The motion failed.
It was moved by Lady/Runels (3-1-1 with Lady, Runels, Dougall voting aye,
Tolley voting no, and Fuller absent) to adopt Resolution No. 3258 Upholding the
Appeal by Calvary Chapel Church That a Conditional Use Permit is Not Needed
for a Skateboard Use at 1133 Maple Street.
Reverend Carr said the church would be contacting the neighbors for a meeting.
THE COUNCIL RECESSED FROM 10:15 TO 10:30 P.M.
8. PUBLIC COMMENT
Fred Flannell, 550 Via Vaquero, refuted statements made at a previous Council
meeting by Bill Tappan and former Mayor Mark Millis.
9, CONSENT AGENDA
It was moved by Runels/Lady (4-0-1 with Runels, Lady, Tolley, and Dougall
voting aye and Fuller absent) to approve Consent Agenda Items 9.a. through
9.h., with the recommended courses of action.
9.a. Cash Disbursement Ratification. Approved.
9.b. Cash Flow Analysis/Approval of Interfund Advance from the Sewer Facility
Fund. Cash Report accepted. Interfund Advance approved.
9.c. Minutes of Regular City Council Meeting of October 28, 1997. Approved.
9.d. Adoption of Ordinance No. 491 C.S. Amending the Arroyo Grande Municipal
Code Relating to Council Members' Salaries. Adopted.
9.e. Adoption of Resolution No. 3259 Establishing New Full-Time and Part-Time
Positions. Adopted.
9.f. Bridge Street Bridge Rehabilitation Feasibility Study - Program Supplement
Agreement No. M001. Resolution No. 3260 Approving Program Supplement No.
M001 to Agency-State Agreement for Federal-Aid Projects No. 05-5199 for
Bridge Street Bridge Rehabilitation was adopted.
9.g. Summarily Vacating a Portion of Huber Street East of Elm Street.
Resolution No. 3161 was adopted.
9.h. Rejection of Claim Against City. Claim rejected.
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CITY COUNCIL MEETING MINUTES
NOVEMBER 25, 1997
1 O,A. REQUEST FOR SUPPORT FROM THE SOUTH COUNTY PERFORMING
ARTS BUILDING FOUNDATION
City Manager Hunt said the South County Performing Arts Building Foundation
requested an opportunity to update the City Council on the status of the Clark
Center Theatre, to request a resolution of endorsement and support, and to
request financial support for the building fund in the amount of $10,000 this year
from the Quimby Fund and a non-binding statement of intent to grant additional
$10,000 amounts for the next four years, and instruct staff to cooperate with the
local Foundation committee in its efforts to educate the public about the benefits
and values of the proposed auditorium.
Mr. Hunt said staff recommended that if the Council wishes to donate money to
the Foundation that it not be from the Quimby Fund because that fund is
designated for the acquisition or development of parkland or improvements
related thereto.
Speaking in support of the Clark Center Theater were Steve Cool, 1577 EI
Camino Real, who also read a letter from Christine Ferrara; Nan Fowler, 630
Cerro Vista Circle, chair of the Foundation; Khatchik Achadjian, San Luis Obispo;
Bill Senna, Oceano; Alex Hauck, 1240 Sage Street, a student at Arroyo Grande
High School; Trudy Jarrett, 555 Windemere Lane; Jane Hauck; Terry Ikeda, 1150
Vard Loomis Lane; Clifford Clark, Grover Beach; Gracia Bello, Grover Beach; Bill
Hauck, and Mr. Selvey.
Mayor Pro Tem Lady and Council Members Tolley and Runels said support
should be given to the Performing Arts Center. Mayor Dougall said this should
be the responsibility of the school district.
It was moved by LadyfTolley and the motion passed with Mayor Pro Tern Lady
and Council Members Tolley and Runels voting aye and Mayor Dougall voting no
to:
1. Adopt a resolution of endorsement and support for the efforts of the South
County Performing Arts Building Foundation to raise the money needed to
build a performing arts auditorium on the Arroyo Grande High School
campus;
2. Donate $10,000 this year to the Performing Arts Building Foundation and
issue a non-binding statement of intent to grant an additional $10,000 per
year for the next four years, and
3. Instruct staff to cooperate with the local committee in its effort to educate the
public about the benefits and values of the proposed auditorium.
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CITY COUNCIL MEETING MINUTES
NOVEMBER 25,1997
1 0,8, REESTABLISHING A CAR SHOW IN THE VILLAGE
City Manager Hunt said the Arroyo Valley Car Show, which was held in the
Village for Eight years, was not held in 1997. He said Joe Rivera, Rocglo
Promotions, had requested Council input/comments regarding reestablishing the
car show in 1998. He said the Arroyo Valley Car Club had submitted a
Temporary Use Permit application to hold the car show the last weekend in July,
1998.
Speaking to the Council on holding car shows were Don Gastiger, President of
the Arroyo Valley Car Club, and Mr. Rivera, 1503 EI Camino Real.
Council Members said they would approve the holding of two car shows during
1998 with the Arroyo Valley Car Club show being held on the last weekend in
July. Mayor Dougall suggested one of the shows be held on Grand Avenue
outside of the Village.
Mr. Hunt said staff would process both applications.
11 ,A. PASEO STREET - DESIGN STANDARDS
City Manager Hunt said there had been noticing problems with this item and
requested the Council continue the item.
It was moved by Runels/Lady and the motion passed unanimously to approve
Mr. Hunt's recommendation.
11,8. AMENDING THE ARROYO GRANDE MUNICIPAL CODE RELATING TO
UTILITY BILLING POLICIES
Financial Services Director Snodgrass recommended the Council introduce for
first reading an Ordinance amending Section 6-7.04 of the Arroyo Grande
Municipal Code pertaining to delinquent bills and adopt a resolution adopting
fees for utility services, effective June 30, 1998. She said the earliest the
changes could be implemented would be on the billing of June 3D, 1998.
Ms. Snodgrass said proposed changes to the Utility Billing Ordinance are:
Due date 30th day after bills mailed
Past due notice sent 31 st day after bills mailed
Shut-off notice sent 41 st day after bills mailed
Water shut-off 35th day after bills mailed
Ms. Snodgrass said proposed changes in utility billing fees are:
Delinquent payment 10 percent of unpaid balance
Water turn-on fee $30
Set-up fee $15
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CITY COUNCIL MEETING MINUTES
NOVEMBER 25, 1997
Council Members discussed the recommended changes and agreed to support
them.
It was moved by Runels/Lady (4-0-1 with Runels, Lady, Tolley, and Dougall
voting aye and Fuller absent) to introduce for a first reading an ordinance
Amending Chapter 7 of Title 6 of the Municipal Code Regarding Delinquent Bills;
Discontinuance of Service, and Turn-Off and Turn-On Charges.
11.C, FIREWORKS. ORDINANCE AND REGULATIONS
City Manager Hunt said staff recommended the Council introduce for first reading
an ordinance regarding the regulation of fireworks and adopt revised Rules and
Regulations governing the process for issuance of permits. He said Rules and
Regulations Page 2, Item 6.c., second sentence reading "Portable generators
shall not be permitted," should be stricken. He said the proposed ordinance and
Rules and Regulations contain "housekeeping" changes.
It was moved by Lady/Runels (4-0-1 with Lady, Runels, Tolley, and Dougall
voting aye and Fuller absent) to introduce an ordinance for first reading Adopting
by Reference the 1994 Edition of the Uniform Fire Code with Additions,
Deletions, and Amendments.
It was moved by Runels/Lady and the motion passed unanimously to adopt the
revised Rules and Regulations governing the process for the issuance of permits.
12, CITY COUNCIL REPORTS
(a) Mayor Dougall
(1) South San Luis Obispo County Sanitation District - no report
(2) Local Agency Formation Commission - no report
(3) City/Chamber Economic Development Committee - no report
(4) Meeting of the Seven Mayors of San Luis Obispo County - Mayor Dougall
said a meeting is planned for January 8, 1998 in Atascadero. He gave
copies of a draft agenda to Council Members.
(b) Mayor Pro Tern Lady
(1) South County Area Transit - no report
(2) San Luis Obispo Council of Governments - no report
(3) San Luis Obispo Regional Transit Authority - no report
(c) Council Member Runels
(1) Zone 3 Water Advisory Committee and
(2) County Water Resources Advisory Committee - Council Member Runels
said the committee's operations were running smoothly
(d) Council Member Tolley
(1) Long-Range Planning Committee - no report
(2) South County Youth Coalition - no report
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CITY COUNCIL MEETING MINUTES
NOVEMBER 25, 1997
(3) Community Agriculture Support Program - no report
13, COUNCIL COMMUNICATIONS
None.
. 14. S1 AFF COMMUNICATIONS
None
15. ADJOURNMENT
It was moved by Runelsrrolley and the motion passed unanimously to adjr'Jrr}
the meeting at 11 :20 p,m,
if a. QwW
NANC~IS, CJTY CLERK
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