Minutes 1991-02-26
---.._,.._--, ....~-~---~------_.- --~-_..._._~.__.~------~--~__ _ ___n_ _~ __ __
:\-r
.~ ' '\)
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, FEBRUARY 26, 1991
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
The City Council of the city of Arroyo Grande met at 7:30
P.M., with Mayor Mark M. Millis presiding.
1. AND 2. FLAG SALUTE AND INVOCATION
Mayor Millis led the Pledge of Allegiance to our Flag, and the
Rev. David Clark of Seventh-Day Adventist Church delivered the
invocation.
3. 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, Public Works Director Paul Karp,
Chief of Police Rick TerBorch and Long Range Planner Sandra
Bierdzinski.
4. ORAL COMMUNICATIONS
None.
5. CONSENT
It was moved by smith/Dougall, and the motion passed to
approve Consent Agenda Items 5.A. through 5.F., with the
recommended courses of action.
5.A. January 22, 1991, City Council Minutes. Approved.
5.B. Installation by Caltrans of Protective Screening at U.S.
101/Highway 227 and Grand Avenue Overpass. Notification.
s.c. Approval of Parcel Map AG 89-164: 852 Willow Lane: Caston.
Approved and ~ccepted.
5.D. Approval of Parcel Map AG 89-286: 516 Platino Lane; Olson.
Approved and Accepted.
5.E. Purchase of Porto-Power Unit: Public Works Department;
Budgeted Item. Approved.
5.F. Youth in Government Day, June 4, 1991. Approved.
REGISTER OF CHECKS
It was moved by Dougall/Olsen, and the motion passed to
approve the cash disbursements in the amount of $451,122.15.
THE AGENDA ORDER OF THE PUBLIC HEARINGS WAS REVERSED BECAUSE THE
APPLICANTS FOR ITEM 7.A. H~D NOT YET ARRIVED
7.B. PUBLIC HEARING - AMENDMENTS TO MUNICIPAL CODE 'i
(1) Title 5 "Public Welfare, Morals and Conduct" by Adding ,
Chapter 17 Regarding "Parties" and Chapter 18 Regarding
"Party Second Response Fee": Amending Title 6 "Sanitation
and Health" by Adding Chapter 11 Regarding "Public
Urination/Defecation."
Chief TerBorch referred to his Staff Report of February 21,
1991, and recommended that the City Council adopt the proposed
ordinance which regulates commercial or pay parties, provides for
second respons,e cost recovery for unruly parties and prohibits
urination/defecation in public view or on the property of another
without consent.,
After being assured that the public hearing had been duly
published and all legal requirements met, Mayor Millis declared the
1
-"--.- ---------
-
3 5-7
CITY COUNCIL MINUTES
FEBRUARY 26, 1991
hearing open and said all persons would be heard regarding the
matter.
MIXE LADY, of the Arroyo Grande Chamber of commerce, said the
Chamber Board of Directors approved of the ordinance.
When no one further came forward to speak, Mayor Millis closed
the hearing to the floor.
After Council discussion, Mr. Christiansen read the ordinance
title, An Ordinance of the City Council of the city of Arroyo
Grande Amending the Municipal Code Title 5, by Adding Chapter 17
Regarding Parties and Chapter 18 Regarding Party Second Response
Fee and Amending Title 6, By Adding Chapter 11 Regarding Public
Urination/Defecation.
It was moved by Dougall/Olsen, and the motion passed to
dispense with further reading of the ordinance.
Mayor Millis said that constituted the first reading of the
ordinance.
(2) Amending Title 5 by Adding Chapter 19 Regarding "Alarms."
Chief TerBorch referred to his February 21, 1991 Staff Report
and recommended that the Council adopt the proposed ordinance
regulating Alarm systems and fees for the required permits and
false alarm response fee.
After questions of Staff and being assured ~hat 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.
KATHERINE LINTNER of 852 Robin Circle expressed concerns about
tenants installing alarm systems without permission from the
landlord.
Chief TerBorch said the City will be issuing permits to
tenants, but they should check with the landlords before
installation of the alarm systems.
When no one further came forward to speak, Mayor Millis closed I
the hearing to the floor.
After council discussion, Mr. Christiansen read the ordinance
title, An Ordinance of the City Council of the city of Arroyo
Grande Amending the Municipal Code Title 5, by Adding Chapter 19
r- Regarding Alarms.
It was moved by Dougall/Olsen, and the motion passed to
dispense with further reading of the ordinance.
Mayor Millis said that constituted the first reading of the
ordinance.
(3) Amending Title 5 by Adding Chapter 20 Regarding "Public
Exhibitions."
Chief TerBorch referred to his February 21, 1991 Staff Report
and recommended that the City Council adopt the proposed ordinance
regulating public exhibitions and adopt the proposed fees for the
required permits.
After questions of Staff and being assured that the pUblic
hearing had been duly published and all legal requirements met,
2
--------_._-~----._--,---" - -'-"'--~---,._---------- ._._----,~,-- '.
358 -
CITY COUNCIL MINUTES
FEBRUARy 26, 1991
Mayor Millis declared the hearing open and said all persons would
be heard regarding the matter.
MR. LADY spoke again in favor of this ordinance saying that it
would give the Chamber of Commerce better guidelines in its
operation of the Regional Center, with regard to exhibitions.
When no one further came forward to speak, Mayor Millis
closed the hearing to the floor.
After Council discussion, Mr. Christiansen read the title of
the Ordinance of the City Council of the City of Arroyo Grande
Amending the Municipal Code Title 5, By Adding Chapter 20 Regarding --.
PUblic Exhibitions.
It was moved by Dougall/Olsen, and the motion passed to
dispense with further reading of the Ordinance.
Mayor Millis said that constituted the first reading of the
Ordinance.
7.A. PUBLIC HEARING - TRASH PICKUP RATE INCREASE OF $.90 PER MO~TH
FOR RESIDENTIAL USERS AND COMMENSURATE AMOUNTS FOR COMMERCIAL
USERS: CITYWIDE
Mr. Christiansen referred to the February 20, 1991 Memorandum
from Council Member Moots, who recommended approval of the rate
increases for both residential and commercial uses and the revised
franchise agreement, effective April 1, 1991. Council Member
Moots' Memorandum stated that the prime reason for the increase is
tipping fee escalation at Cold Canyon Landfill. He said the
tipping fee at the landfill on February 15, 1990 was $8.50 per ton.
He said today it is $17.10 per ton. He said that included
California AB 939 $.75, California Super Fund $.60, California
Closure Fund $5.20, County AB 939 Plan $1.00, County New Site Fee
$.40, County, '- Environmental Impact Report $1.00, Sanchez & Son
Dirt Moving $1.45, and Cold canyon operating $6.70, for a total of
$17.10. He said the State Water Quality Control Board may require
Cold Canyon to sink seven (7) monitoring wells at a cost of some
$300,000, and this alone would increase tipping fees in the area of
$1.00 to $1.50 per month for the homeowner.
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, said the rate
increase seemed excessive. She said it would amount to 14.3
percent for commercial also.
When no one further came forward to speak, Mayor Millis closed '""
,
the hearing to the floor.
Council Member Moots and Staff members were thanked for their
work during the negotiations with South County Sanitary Service,
and it was noted that the cities of Pismo Beach and Grover City
participated also.
It was moved . by Smith/Dougall, and the motion passed to
Approve Resolution No. 2451 Amending Current Disposal Service
Franchise Agreement Rates, Effective April 1, 1991.
8.A. HOOK RAMPS AT CAMINO MERCADO
Mr. Christiansen referred to his Memorandum of February 20,
1991, and said at the February 14, 1991 meeting of the cities of
Arroyo Grande, Grover City and Pismo Beach and officials of
3
. --. .--.-..
359"
CITY COUNCIL MINUTES
FEBRUARY 26, 1991
ca~trans it was learned that the work sequence will be (1) the
br~dge at Oak Park will be the first project to be revamped (2)
Hook ramps at Camino Mercado will be second, and (3)' the
improvements at 12th Street will be third. He said the bidding
process will be completed and a contractor actually doing work by
early November, 1991.
8.B. RESPONSE REGARDING W~STEWATER RECLAMATION
Mr. Christiansen referred to the February 20, 1991 letter from
r the South San Luis Obispo County Sanitation District. He said the
District feels it is premature to reserve the District's treated
effluent for use by the District members. He said the District
will proceed to update its 1982 report entitled hWater Reclamation
Assessment."
Mr. Christiansen referred to a February 15, 1991 letter to the
District from RRM Design Group concerning the Group's request for
wastewater allocation.
Council Member Olsen said the City's representative on the
Sanitation District Board should vote no on the Design Group's
request.
a.c. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY
No Report.
8.D. UPDATE OF THE 1979 DEPARTMENT OF WATER RESOURCES REPORT ON
GROUNDWATER IN THE ARROYO GRANDE AREA (SOUTH COUNTY WATER ADVISORY
COMMITTEE)
After explanations by Council Member Olsen and Mr. Karp,
Council Members authorized Council Member Olsen to vote in favor of
a plan for the cities and County to pay for an Update of the 1979
Department of Water Resources Report on Groundwater in the Arroyo
Grande area, 'as outlined in Mr. Karp's February 15, 1991 Memorandum
to the City Council entitled, "Update of the 1979 Department of
Water Resources Report on Groundwater in the Arroyo Grande Area."
a . E. UPDATE ON PROPOSED AIR OUALITY ATTAINMENT AND MAINTENANCE PLAN
FOR SAN LUIS OBISPO COUNTY
Ms. Bierdzinski reported on a Citizens Advisory Committee's
Plan to reduce emissions in the County with Transportation Control
Measures, Transportation and Land Use Management Strategies and a
Trip Reduction Program. She said the City's Open Space and
Conservation Element states, "City will adopt and implement all
applicable air quality improvement strategies contained in the Air
Quality Attainment and Maintenance Plan." She also said the Land
Use Element states that as part of California Environmental Quality
Act review, the air quality impacts shall be assessed.
r
8.F. UPDATE ON SOUTH COUNTY PERFORMING ARTS CENTER
Mayor Millis left the room because of possible conflict of
interests.
TOM PARSONS of the South county Performing Arts Center
Committee showed the Council preliminary designs and a model of the
proposed arts center. He said the building would be 30,000 square
feet, and located at the corner of Valley Road and Fair Oaks
Avenue. He said groundbreaking will be the Fall of 1992, and that
$1-1/2 million is needed for construction.
Council Members expressed concerns about parking, traffic,
water, drainage and the community's use of the building.
Mr. Parsons invited the Council to appoint a representative to
the Arts Center Design Committee and be an associate on the
foundation board. Mayor Pro Tem Moots said the Council would take
4
---~----~.----~-~-'--'.'- ---_ 'n_____ -.__,______n____
.3 6-0
CITY COUNCIL MINUTES
FEBRUARY 26, 1991
the matter under advisement and respond later.
Mayor Millis returned to the dais.
9.A. SECOND READING OF ORDINANCE AMENDING THE MUNICTPAT. CODE
RELATING TO INCREASING WATER AND LOPEZ RATES CITXWIDE
It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Moots,
Olsen and Millis voting aye) to adopt Ordinance No. 433 C.S.
Relating to Arroyo Grande City Water Rates by Amending Chapter 7 of
Title 6, Section 6-7.01 (a), (b), (c), and (d) and Relating to
Lopez Rates by Amending Chapter 7 of Title 6, Section 6-7.01 (g)
and Section 6-7.22 (a) (4) (Hi) . ""'I
10.A. RESOLUTION OF INTENTION TO ADOPT MERGER ORDINANCE (REGARDING
DEVELOPMENT CODE)
It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen,
Moots and Millis voting aye) to approve Resolution No. 2452 to
Adopt a Merger Ordinance as part of the 1991 Development Code.
10.B. ENCLOSING CITY-OWNED LOT TO THE REAR OF THE COUNCIL CHAMBERS
Mr. Christiansen said the Downtown Parking Advisory Board had
recommended that the Council approve fencing of the vacant parcel
situated to the rear of the Council Chambers. He referred to the
Bid Summary and Analysis Sheet, and said the low bid was $1,620.
He said vehicles are crossing the city's parcel as a short cut and
by fencing it off it will prevent any liability claims to the City.
Mayor Millis said the area should be checked annually and if
there are any safety violations, correct them.
It was moved by Dougall/Smith, and the mo'!;ion passed to
approve Mr. Christiansen's recommendation.
10.C. CERTIFICATE OF ACCEPTANCE - FIVE ACRES
Mayor Millis, Council Member Dougall and Mr. Christiansen left
the room saying they had possible conflicts of interests.
Ms. Skousen said the Council had before it the final
Partnership Grant Deed granting to the City the five acres adjacent
to the Community Center on west Branch street. She said what was
needed was a motion to accept the deed.
Council Member Olsen thanked the city Attorney for her work
in obtaining the deed to the property.
It was moved by Smith/Olsen, and the motion passed to accept
the deed to Parcel 1 of Map AG 87-203 in the City of Arroyo Grande,
County of San Luis Obispo, State of California, Filed in Book 44,
Page 96 of Parcel Maps in the Office of the County Recorder of Said
County. ,....,
Mayor Millis, Council Member Dougall and Mr. Christiansen I
returned to the room. !
11. WRITTEN COMMUNICATIONS
None.
12. ORAL COMMUNICATIONS
JOHN KEEN of 298 N. Elm Street referred to Consent Agenda Item
5.B. concerning the installation of protective screening at the
u.s. 101/Highway 227 and Grand Avenue Overpass. Mr. Keen said the
screen may be needed, but if Caltrans plans to install the kind of
screens recently installed in North'County, then the City would
look like Los Angeles.
5
---..-.,.--....-.
3'61-
CITY COUNCIL MINUTES
FEBRUARY 26, 1991
13. CLOSED SESSION
None.
14. ADJOURNMENT
It was moved by MootsjMillis, and the motion passed to adjourn I
the meeting at 8:50 P.M. i
~:{I. j,~
'M. MILL S, MAYc5R
ATTEST: ().
CITY CLERK
I
I
, I
i
,
r
!
,
,
,
6
,
I
----.--