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Minutes 1989-05-09 ~ -~ ~ .-...., MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MAY 9, 1989 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met in regular session 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. 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. ORAL COMMUNICATIONS None CONSENT AGENDA It was moved by Olsen/Smith (5-0-0, Olsen, Smith, Dougall, Moots and Mayor Millis voting aye) to approve Items 6.d. through 6.j. and 6.1., with the recommended courses of action. 6.d. April 25, 1989, City Council Minutes. Approved. 6.e. April, 1989, Investment Report. Information. 6.t. Liability Claim, Vants Anseth. Rejection letter to be sent. 6.g. Purchase of Surplus Zone III Water Available for Water Year 1989-90. Authorized and Approved. 6.h. Acceptance of Grant Deed for Street Widening on the Southeast Corner of Cornwall Avenue and Oak Street (Mr. and Mrs. Fink) . Resolution No. 2310 approved. 6.i. Progress Payment for Construction of Women's Club Parking Lot; Phase I and II; Project No. 80-88-3. Approved. 6.j. May 3, 1989, Senior Advisory Commission Minutes. Information. 6.1. Agreement Affecting Real Property Regarding parking Easements. Authorized and approved. Mayor Millis presented proclamations ( Items 6 .a., 6.b. and 6.c.) on "The Day of the Teacher, May 10, 1989" to steve Shirk, a teacher at Margaret Harloe School; on "Municipal Clerk's Week, May 7 to 13, 1989" to Nancy Davis, Arroyo Grande City Clerk, and on "National Police Week May 14 to 20" to James Clark, Arroyo Grande Police Chief. Planning Director Doreen Liberto-Blanck explained Item 6.k. Agreement Affecting Real Property Regarding Conversion of a Guest House to a Second unit. It was moved by Olsen/bougall and the motion passed to approve Items 6 .a. , 6.b., 6.c. and 6.k., with the recommended courses of action. 7. REGISTER OF WARRANTS It was moved by Smith/Dougall and the motion passed to approve 1 .- - the Cash Disbursements as presented in the May 4, 1989 Staff Report of Finance Director David Bacon. a.A. SPEEDING PROBLEM - ASH STREET BETWEEN ELM AND ALDER STREETS City Manager Chris Christiansen referred to his memo of May 5, 1989 and recommended that the city Council refer this item to the Parking and Traffic Commission. He said the Police had been monitoring the speed on the street and the average speed is 27.3 miles per hour. MRS. EILEEN TAYLOR of 1029 Ash Street expressed concerns about speeding vehicles on her street. She discussed installation of speed (traffic) bumps as a possible solution to the problem. After further discussion with Staff, it was moved by Olsen/Dougall and the motion passed to refer the matter to the Parking and Traffic Commission with urgency and the suggestion that the installation of speed bumps be considered. The Mayor directed the Public Works Department to keep Mrs. Taylor informed about the progress of finding a solution to the problem. 8.B. HOOK RAMPS AT CAMINO MERCADO Mr. Christiansen referred to the May 2, 1989 Staff Report of Public Works Director Paul Karp, who described a letter from the Department of Transportation. Mr. Karp's report said the Caltrans letter included a discussion of its objections to keeping open the southbound ramp at Oak Park Blvd. and Highway 101, and a discussion of the City's proposal to widen eastbound Oak Park Road at El Camino Real. Mayor Millis said that traffic backs up Oak Park Road at El Camino Real. He said widening of the street would create a right turn lane and get cars out of the eastbound traffic lane. Mr. Karp said the cost of widening the street already had been put into his 1989/90 budget. 8.C. WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY CIRCULATION Mr. Karp said the design work for realignment of West Branch Street intersection with Grand Avenue was on schedule. He said the designers will be meeting with Staff and the public on May 17, 1989. He said the property owners concerned and nearby residents would be notified of the meeting. 8.D. PROPOSED POLICE FACILITY EXPANSION Mr. Christiansen referred to a preliminary design plan of the Police facility expansion. He said the expansion will double the square footage of the facility. He said the planning is on schedule. S.E. DRAINAGE BASIN. END OF VIA LA BARRANCA Mr. Christiansen referred to his memo of May 5, 1989 and said that the drainage basin at the end of Via La Barranca is producing mosqui tos, and swallows are using the mud to build nests on residents' homes. He said the Royal Oaks subdivision must maintain the basin for three years, and he had talked with the developers about solutions to these problems. ROBERT RENISON of 177 Colina spoke to the Council and expressed concerns about health hazards, damage to homes in the area and esthetics. He said water in the drainage basin should be pumped out. Members of the audience said the basin was not draining properly, and that via La Barranca should be regraded because water is collecting in spots on the street. After further discussion with the neighbors and Staff, the Council directed the city Manager to develop a plan to improve the drainage of the basin; look into drainage on Via La Barranca; meet 2 .,--, ~ ~ -. with the neighbors, and report back to the Council. 8.F. REPORT BY SENIOR ADVISORY COMMISSION REGARDING RENT STABILIZATION AT SUNRISE TERRACE MOBILEHOME PARK Council Members commended the Senior Advisory Commission on the thorough report submitted on the rent stabilization problem at Sunrise Terrace Mobilehome Park. BERNIE BURKE, chairman of the Commission, told the Council the report provides backup documentation for enforcement of the Mobilehome Rent Stabilization Ordinance. He summarized the report and said that based on the findings, the Senior Advisory Commission recommends to the City Council that it enforce the existing ordinance. He commended Norman Stevens, Commission member, for his work on the report. Moved by Olsen/Smith and the motion passed to enforce Mobilehome Rent Stabilization Ordinance No. 345 C.S. with regard to violations at Sunrise Terrace Mobilehome Park. Mayor Millis directed Staff to begin meeting to make plans for enforcement of the ordinance. 9.A. PUBLIC HEARING - INCREASING COSTS TO PUBLIC FOR ENGINEERING AND PLANNING FEES CHARGED BY THE CITY OF ARROYO GRANDE Mr. Christiansen referred to the May 4, 1989 Staff Report of Planning Director Liberto-Blanck, who recommended that the Council adopt the ordinance affecting fees for Planning and Engineering Permits and Processing. The Staff Report said that the Planning and Engineering Department conducted a joint analysis of fees, and the recommendations include several new fees for services which are provided at no charge, and several amended fees. 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. HEATHER JENSEN, Chamber of Commerce Director, asked what formulae were used for arriving at fees, and Ms. Liberto-Blanck referred her to the work sheets attached to the Staff Report. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. Council Members said the fees, which are based on the exact cost to the City, are justified. Mr. Christiansen read the title of the Ordinance No. 408 C.S. Amending the Arroyo Grande Municipal Code to Add and Amend Fees for Planning and Engineering Permits and processing. It was moved by smith/Dougall and the motion passed to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance. 9.B. PUBLIC HEARING - PROCESSING OF DEVELOPMENT AGREEMENTS: ORDINANCE ESTABLISHING PROCEDURES FOR PROCESSING DEVELOPMENT AGREEMENTS. PURSUANT TO STATE GOVERNMENT CODE SECTION 65854 Mr. Christiansen referred to the May 2, 1989 Staff Report of Ms. Liberto-Blanck, who said the Planning Commission recommended that the Council adopt Ordinance No. 409 C.S. Amending the Municipal Code to Establish Procedures and Requirements for Processing Development Agreements (Govt. Code section 65854). Ms. Liberto-Blanck said that the ordinance makes City procedures clear and complies with State law. 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. 3 r`, r"'`1 When no one came forward to speak on the matter, Mayor Millis closed the hearing to the floor. Mr. Christiansen read the title of the ordinance. It was moved by Smith/Olsen and the motion passed to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance. 9 C PUBLIC HEARING - DESIGNATION OF THE DAFFODIL AS THE OFFTCrar FLOWER OF THE CITg Mr. Christiansen referred to his memo of May 5, 1989 and cautioned the Council to take into consideration all flowers, not just the daffodil, before making a decision. 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. LENNY JONES, President of the Chamber of Commerce, He said that 7,000 daffodil bulbs had been planted over the past two years in the City with the cooperation of 4-H Club volunteers. He said the flowers bloom in early Spring and are virtually maintenance free. He urged the Council the name the daffodil as the City Flower. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. There was Council discussion covering the points that the sweetpea made the Arroyo Grande Valley famous, that other flowers could also be considered, and that there is not an apparent need for a City Flower. Council Member Dougall said he liked the idea of the daffodil as City Flower and praised the Chamber of Commerce for coming up with the idea. it was moved by Dougall/Smith to name the daffodil as the official flower of the City of Arroyo Grande. The motion failed. ~ D PUBLIC HEARING - INTENTION TO VACATE AND ABANDON A PORTION OF CORNWALL AVENUE Mr. Karp said that the City had received a letter from Southern California Gas Company asking for a permanent easement to be reserved and excepted from this vacation to permit its continued use and operation of facilities in their present location. Mr. Karp showed a drawing of the street abandonment on the easel. He said his department would cooperate with the utilities to make the project work. Mr. Karp~s Staff Report included the recommendation that the Council listen to the public in the hearing as required under Streets and Highway Code on the subject of Intent to Abandon a portion of Cornwall Avenue in the vicinity of Halcyon Road; and it if it decides that the abandonment should proceed, adopt a resolution ordering the abandonment by the City 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, Mayor Millis closed the hearing to the floor. Moved by Moots/Smith (5-0-0, Moots, Smith, Dougall, Olsen and Millis voting aye) to approve Resolution No. 2311 Ordering the Abandonment of a Section of Cornwall Avenue (Streets and Highways Code Section 8323, ET SEQ.) 10 A FIRST READING OF ORDINANCE AMENDING TITLE 2, CHAPTER 5 OF THE trtrrNTrTVAL• CODE REGARDING POLICE DEPARTMENT DESIGNATED RESERVE .--, .'-"1 .r ('1 OFFICERS Mr. Christiansen referred to the May 3, 1989 Staff Report of Chief of Police Jim Clark, who recommended the passage of an ordinance which provides full peace officer powers and duties to the Reserve Officers who qualify and are appointed by the Chief of Police. Mr. Christiansen read the title of Ordinance No. 410 C.S. Amending the Municipal Code Title 2, Chapter 5 Regarding Police Department Designated Reserve Officers. Moved by Dougall/Olsen to dispense with further reading of the ordinance and the motion passed. Mayor Millis said that constituted the first reading of the ordinance. 10 B REQUEST FOR AN APPEAL OF THE DECISION OF THE CHIEF BUILDING INSPECTOR TO CONDEMN THE HOUSE AT 1131 FAIR OAKS AVENUE (HARVEY PALMER AND CHARLES RENFRO~, Mr. Christiansen referred to his memo of May 5, 1989 and recommended that the Council uphold the decision of the Chief Building Inspector. He said there are numerous building code violations concerning the house at 1131 Fair Oaks Avenue. Chief Building Inspector John Richardson gave photographs of the house in question to the Council. He gave the history of the City's involvement in the matter, said that after inspection of the property and the finding of numerous zoning and building violations, the utilities were ordered to be disconnected. KIRBY GORDON, attorney for Mr. Harvey Palmer and Mr. Charles Renfro, said that the appellants had cooperated with the City and had expected'to receive a list of necessary repairs from the City. He said there had been termite and plumbing inspections. He asked the Council for time to make repairs to rehabilitate the property. MRS. RUBY SULLIVAN spoke for the appellants and said the structure was originally framed up as three living units. JACK FAUGHT of 1125 Fair Oaks Avenue said that the neighbors are not concerned with demolition of the structure but that it be brought up to code as a one family dwelling. HARVEY PALMER, one of the purchasers of the property, said the property was being cleaned up when the City had the utilities disconnected. There was further discussion of the matter with Mr. Richardson, who said it would be very difficult to bring the structure up to the requirements of the building code. He said the structure may not be considered a pre-existing non-conforming use because it has always been illegal. It was moved by Smith/Olsen and the motion passed to uphold the decision of the Chief Building Inspector. 10.C. REQUEST FOR REVISION TO CITY MUNICIPAL CODE SECTION 6-1.44. IMPOUNDING AND DISPOSITION OF STRAY OR ABANDONED CATS (SALLY CHETWOOD. ET AL Mr. Christiansen said that the City Municipal Code permits residents to trap cats if they cross their property and have them impounded by the County Animal Control Department. WILLIAM CHETWOOD, son of SALLY CHETWOOD, 585 Bakeman Lane, HERTA CARPENTIER of 531 Ids Street, ED CHETWOOD, HEIDI CARPENTIER, MICHELLE DIXON and other members of the audience spoke against the trapping of cats. There was Council discussion of Animal Control's practice of supplying traps upon request; that there may be times when trapping is necessary but neighbors should be notified, and that the City should work more closely with Animal Control on the matter. 5 78 . , .-. . . ;~ \..~.~.,. :; ,i. ~ '. . -~_......- .- .. J '<0 It was moved by Smith/Moots and the motion passed to instruct Staff to return to the Council with an ordinance amending the portion of the present Code regarding trapping of cats. Council Member smith said all the previous discussion should be taken into consideration by Staff. Mayor Millis suggested Staff communicate with Animal Control. 10.D. CONTRACT FOR EIR ON JAMES WAY - MCCLE~LAND ~NGINE~RS Mr. Christiansen referred to the May 3, 1989 Staff Report of Ms. Liberto-Blanck, who recommended that the Mayor be authorized to sign the con.t:ract with McClelland Engineers for preparation of i the Environmental Impact Report in preparation of the General Plan , Amendment to connect James way with state 227. I It was moved by smith/Moots and the motion passed to approve J I Ms. Liberto-Blanck's recommendation. 10.E. SETTING DATES AND TI~ES FOR 1989-90 BQDGET SESSIO~S Mr. Christiansen recommended that the Council meet for BUdget sessions May 30 and 31 and the week of June 5, 1989 for discussion of the 1989/90 Municipal Budget. Council agreed and said the meetings would begin at 7:30 P.M. AUTHO~IZ^~IQN F9R PLANNING COMMI~SION TO ~PPOINT TWO MEMBERS TQ MEET WITH ~LAN<<ING COMMISSIONE~S FROM ADJAC~NT JURISDICTI9NS Mr. Christiansen referred to the May 5, 1989 Staff Report of Ms. Liberto-Blanck, who recommended that the Council authorize two members of the Planning commission to meet informally with Planning Commissioners of other jurisdictions. I After Council discussion, it was moved by DougalljMoots and the motion passed to approve the recommendation, and notify the press of the meetings. 11. WRITTEN COMMUNICATIONS _.- None 12. ORAL COMMUNICATIONS Mayor Millis declared his intention to appoint STAN IKEDA to the Parks and Recreation Commission at the Council meeting of Hay 23, 1989. ADJOURNMENT TO CLOS~D SESSION The Counci 1 adjourned at 9:30 P.M. to a Closed Session on litigation (Mack vs. City of Arroyo Grande). The Closed Session was adjourned to May 10 and May 15, 1989. ADJOURNMENT The Council returned from Closed Session at 10:30 P.M. and immediately adjourned the regular meeting. - ~~i.M j 71 ~Cl. Q","<~ V "' M1i R ATTEST: CI CLERK