Minutes 1987-05-12
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MI NUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 12, 1987
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session with Mayor Howard Mankins
presiding. Present were Council Members Mark M. Millis, Gene Moots and
D. G. Porter. Council Member Dorace Johnson arrived at the meeting at
8:05 P.M.
FLAG SALUTE AND INVOCATION
Mayor Mankins led the Pledge of Allegiance to our Flag, and Council
Member Moots delivered the invocation.
PUBLIC APPEARANCES
JERALDINE PENCE, President of the Village of Arroyo Grande Business
and Professional Association, read a May 12, 1987, letter from her group
expressing opposition to the relocation of City Hall and Council Chambers
from the Village site to a site next to the Community Building. She said
the letter was in response to questions proposed by the Mayor at the group's
business meeting April 12, 1987.
CONSENT AGENDA
Moved by Porter/Moots (5-0-1, Johnson absent) to approve the recommended
courses of action for Consent Agenda Items C.l. through C.5.
C.l. Council Minutes of April 28, 1987. Approved.
C.2. Municipal Clerk's Week Proclamation. Proclaimed.
C.3. Appointment to Data Processing JPA. Approved.
C.4. Planning Commission Minutes of April 21, 1987. Information.
C.5. Long Range Ad Hoc Committee Minutes, May 4, 1987. Information.
PUBLIC HEARING-444 WALNUT ALLEGED PUBLIC NUISANCE ABATEMENT-C.C.FILE 5-12-9
Acting Planning Director Ned Rogoway gave a history of how this Nuisance
Abatement Hearing came about. He said that the auto repair business has
stop~ed, and the property has been cleared to his satisfaction, and that
of C ief of Police James Clark. Mr. Rogoway asked that the Nuisance Abatement
Hearing be abandoned.
Moved by Millis/Porter (5-0-1, Johnson Absent) to terminate the Nuisance
Abatement process concerning the property at 444 Walnut Street.
PUBLIC HEARING-201 BRISCO ROAD PUBLIC NUISANCE ABATEMENT-C.C.FILE 5-12-8
Mayor Mankins declared the Public Hearing open.
City Attorney Art Shaw said that all parties associated with the
hearing were present, including the property owners, Mr. and Mrs. Ed
J. Ray of 201 Brisco Road, and their attorney, Steven Cool. Mr. Shaw
explained the nuisance abatement procedure established by City Ordinance
No. 309 C.S.
City Clerk Nancy Davis said the Nuisance Abatement Public Hearing
Notices were published in the Times-Press-Recorder newspaper and posted
on the property March 25, 1987, and sent by Certified Mail to the owners
of the property on March 24, 1987.
Mr. Rogoway explained where the property is located, and using
the overhead projector, showed diagrams of the property and surrounding
area. He said the owner of the property is using it as a used car lot
without benefit of proper zoning, City business license, City sign permit,
or other necessary authorization. He showed photographs of the property
to the Council, owners and attorney. He said the photos showed the
area is primarily residential. He discussed the zoning designation
for the property at the time it was annexed to the City as part of the
Brisco Annexation. He gave the Council a history of the business and
zoning designations on the property. He listed two dates when the property
was without City service~ and the business activity on the property
was interrupted.
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CITY COUNCIL MAY 12, 1987
ARROYO GRANDE, CALIFORNIA PAGE TWO
201 BRISCO ROAD PUBLIC NUISANCE ABATEMENT HEARING Continued from Page 1
Mr. Rogoway referred to copies of City utility service notations concerning
201 Brisco Road for the years 1982, 1983, 1984; a May 11, 1987, memo regarding
a City business license for the property owner from Finance Director David
Bacon; December 10 and 18, 1980, and November 13, 1980, memos from City
Planning Director Ricardo J. Castro concerning Pre-zoning Case No. 80-148
(Brisco Island); City Planning Commission Minutes for November 18, 1980,
and January 20, 1981; December 10 and 16, 1980, Zoning Maps of the area
around said property; November 7, 1980, Public Hearing Pre-zoning notice,
and Ordinance No. 244 C.S. Pre-zoning Brisco Island.
COUNCIL MEMBER JOHNSON ARRIVED AT THE MEETING AT 8:05 P.M.
There were questions of staff from the Council concerning zoning and
signing.
Mr. Cool spoke to the Council and presented a declaration from Mr.
and Mrs. Ray in lieu of their testimony; a petition from residents of Brisco
Road saying they did not believe a public nuisance exists; a message from
the County Planning Department statin9 the zoning designation of the property
at the time of annexation; business licenses from the City for Coastal Painting
and Decorating; State Vehicle Dealer Licenses and Seller's Permit for Ray's
Autos, and pages from City Municipal Code Sections 9-4.239, 9-4.2901, g-
4.2907 and 9-4.2909. Mr. Cool also showed photographs of property adjacent
to the property in question.
Mr. Cool told the Council that the property became a non-conforming
use when it was annexed, that there was no shift in the scope or level of
business, and that there are no grounds for abatement. He asked the Council
to discontinue the abatement, or hold it in abeyance until the owners apply
to the City for new zoning.
After questions to Mr. Rogoway from Mr. Cool, the Mayor closed the
public portion of the hearing.
Mr. Cool stipulated that Council Member Johnson could participate
in the discussion and voting on this Nuisance Abatement hearing.
Council Members discussed the issues of the various uses of the property
before and after, and at the time of annexation. They also discussed the
required business license for the owner, and the promise by some City officials
that uses permitted on the property prior to annexation would be allowed
to continue after annexation.
Mr. Shaw suggested continuing the item for one month so the property
owners could apply for rezoning. Council Members Moots suggested the owners
bring their business licenses up to date and then apply to go through the
City's rezoning process.
Moved by Johnson/Millis (5-0-0) to adopt the recommendation of the
City Attorney, and continue the hearing for one month.
JOINT POWERS AUTHORITY AGREEMENT-C.C.FILE 1-3-45
Police Chief Clark referred to his memo of May 1, 1987, and said that
the City's share of the cost of the new C.L.E.T.S. system is in the 1987-
1988 proposed budget.
After Council questions, it was moved by Millis/Johnson (5-0-0) to
endorse and support Chief Clark's request, approve the expenditure, and
sign the joint powers agreement.
WATER PRODUCTION CONTROL SYSTEM PURCHASES
Public Works Director Paul Karp referred to his memo of May 6, 1987,
and recommended that the Council authorize purchase of the water production
control system according to the schedule listed in the memo.
Moved by Johnson/Millis (5-0-0) to approve Mr. Karp's recommendation.
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CITY COUNC I L MAY 12, 1987
ARROYO GRANDE, CALIFORNIA PAGE THREE
1987 POPULATION CERTIFICATION
City Manager Robert Mack referred to his memo of May 6, 1987, and
said if the City were to certify the State's 1987 population estimate, the
City would lose subvention funds. He said, upon instruction from the State
Department of Finance, a recertification of population will not be made,
leaving our present certified total of 13,328 as the official record.
Moved by Millis/Porter (5-0-0) to reject the certification and continue
with the 1986 population figure.
1987-88 APPROPRIATION LIMIT RESOLUTION
Mr. Mack referred to the May 6, 1987, memo of Finance Director David
Bacon, which recommended the adoption of the 1987-88 appropriation limit.
Moved by Johnson/Millis (5-0-0, Council Members Johnson, Millis, Moots,
Porter and Mayor Mankins voting aye) approving Resolution No. 2136 Adopting a Tax
Proceeds Expenditure Appropriation Limit for Fiscal Year 1987-88.
STATE WATER LOAN ELIGIBILITY
Mr. Mack referred to his memo of May 7, 1987. There were Council
questions, and Mayor Mankins suggested that the matter be carried over to
the budget discussions and action taken at that time. The Council agreed.
WEST BRANCH STREET IMPROVEMENTS
Mr. Mack referred to this memo of May 4, 1987, and recommended an
improvement plan for West Branch Street from Grand to Vernon Avenues. He
recommended commencing improvements in the order itemized prior to
Royal Oaks' extension and construction of West Branch Street, in order not
to encumber construction activity with traffic which will occur after the
extension is opened. He listed in the memo the six-point plan.
After Council discussion, Mayor directed Mr. Mack to carry this item
over to the budget discussions.
BUDGET MEETING SCHEDULE
Council Members approved the budget schedule. Mr. Mack said a special
presentation on a new pOlice program could be on May 28, 1987.
ASSIGNMENT OF COUNCIL MEMBERS TO ROTATION SCHEDULE WITH COMMISSIONS
After Council discussion, Mayor Mankins directed Staff to initiate
the rotation schedule.
REQUEST FOR PROGRESS REPORT ON LUCIA MAR UNIFIED SCHOOL DISTRICT STREET
IMPROVEMENT OFF HUASNA ROAD-C.C.FILE 11-2-10
Mr. Karp referred to a May 11, 1987, memo from R. S. Garing, Jr.,
Project Engineer (offsite), on the subject of Lucia Mar Unified District
- Bus Barn.
Council Member Johnson asked Mr. Karp if the City was assisting the
residents of Clarence Avenue in improving their street. She said the neighbors
are concerned about the condition of the street below the part being used
by the School District. She asked Staff to look into the matter.
Mr. Karp said that a booklet is available in his office on how to
form an assessment district called "Let's Improve."
Mayor Mankins asked Council Member Johnson to ask the Clarence Avenue
neighbors to write a letter to the Council expressing their desires for
improving the street.
ADJOURNMENT TO CLOSED SESSION
The meeting adjourned to a Closed Session on Litigation at 9:20 P.M.
RECONVENEMENT AND ADJOURNMENT
The meeting reconvened and immediately adjourned at 10:45 P.M.
MAYOR
ATTEST:
C Il Y CLERK