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Minutes 1990-07-24 286 . MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 24, 1990 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 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. Robert Banker delivered the invocation. 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, Deputy city Clerk Marylue Shoemaker, Public Works Director Paul Karp, Current Planner Scott Spierling and Police Chief Rick TerBorch. ORAL COMMUNICATIONS None CONSENT AGENDA It was moved by smith/Dougall and the motion passed to approve Consent Agenda Items 5.A. through S.G., with the recommended courses of action. S.A. Award of Bid for lOO-Gallon Sprayer, Parks Department, Budgeted Item. Approved. 5.B. Award of Bid, Equipment Trailer, Parks Department, Budgeted Item. Approved. S.C. Award of Bid, Painting of Recreation Center, 126 S. Mason Street, Budgeted Item. Approved. 5.D. Award of Bid, community Center Maintenance Contract, Budgeted Item. Approved. S.E. Letter of Resignation from Tony Flores, Planning commissioner. Accepted with Regrets. 5.F. Progress Payment No.1, Improvements of Water Main and Sewer Main Between Mason Street and Traffic way: Project No. 60-70-90-1 Approved. 5.G. Purchase of Sewer Hose for Vactor: Public Works Department, Budgeted Item. Approved. 6. REGISTER OF CHECKS """I It was moved by Dougall/Smith, and the motion passed to ! approve the cash disbursements in the total amount of $727,006.86 i , as contained in the July 18, 1990 Staff Report of Finance Director David Bacon. 7.A. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF TENTATIVE TRACT NO. 983. PROPOSED RESUBDIVISION OF FOUR (4\ EXISTING PARCELS INTO SIX (6} PARCELS: 139, 141. 143 and 145 TALI.Y HO ROAD: L. C. LAVINE. (CONTINUED FROM COUNCIL MEETINGS OF MAY 22 AND JQLY 10. 1990. Because of a possible conflict of interest Council Member Olsen left the dais. Current Planner Scott Spierling referred to the July 24, 1990 memo of Planning Director Doreen Liberto-Blanck and said that the applicant could alleviate the concerns of the planning Commission regarding sight-distance, drainage, grading and vegetation. He 1 ~ "287 CITY COUNCIL MINUTES JULY 24, 1990 said that the major change in the project has been the relocation of the private driveway and showed the new location on the map. He said that there would also be a minor modification of a wall on the other side of the road and these changes would alleviate concerns of grading and vegetation removal. He said that the applicant has been working with the Public Works Department to resolve the ,concerns about drainage by constructing an underground conduit from the project to Tally Ho Road and then, after conducting a drainage study to determine which direction the water will go, transporting it to the Tally Ho Creek. He said that after reviewing the redesigned project the Planning Commission has reconsidered its previous decision and now recommends that the Council adopt a Resolution adopting a Negative Declaration and approving Tentative Tract No. 983. 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 this matter. Speaking on behalf of the applicant was JIM MC GILLIS of San Luis Engineering who said that the applicant agreed to remove a greenhouse which probably causes more runoff than the house which will replace it. After questions by the Council, Mayor Millis asked if anyone I else cared to speak. When no one came forward the Mayor closed the , I hearing to the floor. " i After council discussion it was moved by Smith/Dougall I (4-0-1 Smith, Dougall, Moots and Millis voting aye, Olsen absent) I to approve Resolution No. 2409 Adopting a Negative Declaration, , Instructing the city Clerk to file a Notice of Determination, and , Approving Tentative Tract Map No. 983 Applied for L. C. La vine to i Resubdivide Four (4) Existing Parcels Into Six (6) Parcels, Located at 139, 141, 143 and 145 Tally Ho Road. Council Member Olsen returned to the dais at 7:47 P.M. 7.B. PUBLIC HEARING - FIRST READING OF AN ORDINANCE PROHIBITING i THE ILLEGAL PARKING OF "FOR SALE" VEHICLES ON LOTS IN VARIOUS AREAS OF THE CITY: CITYWIDE. Mr. Christiansen referred to the July 18, 1990 memo of Planning Director Liberto-Blanck and said that there has been some I difficulty in the last year or so regarding the sale of i ~, automobiles, motorhomes and boats on various parcels in the city. He said that the property owners have helped as much as they can so now an Ordinance is being proposed which basically states that if these things continue to occur a warning notice can be placed on the vehicle and if it is not gone in 24 hours it can be towed. 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 this matter. HEATHER JENSEN of 565 May street said that there should be an enforcement of this. She said that all of the well meaning ordinances already established and those in the future need to be enforced by a code enforcement officer. She said that the position would probably require a full time person, if not more. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. 2 2.88' ~ CITY COUNCIL MINUTES JULY 24, 1990 After council discussion Mr. Christiansen read the title of the ordinance. It was moved by smithjMoots and the motion carried to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance. 7.C. PUBLIC HEARING - ESTABLISHING A RATE OF S.50 PER DWELLING UNIT PER MONTH FOR A CURBSIDE RECYCLING PROGRAM TO INCLUDE PICKUP OF NEWSPAPER, GLASS. PLASTIC. AND STEEL AND ALUMINUM CANS. CITYWIDE: AND REOUEST OF CHAMBER OF COMMERCE TO RETURN TO OCTOBER 1. 1990. TO COMMENCE RECYCLING PROGRAM. ~ Mr. Christiansen said that probably THOMAS PARSONS should ' speak on the subject. 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 this matter. Mr. Parsons of 1219 Montego and representing the Recycling Affairs Committee of the Chamber of Commerce said that they would like to withdraw the letter requesting the date be set for october 1, 1990. When no one else came forward to speak, Mayor Millis closed the hearing to the floor. After council discussion of billing, it was moved by DougalljMoots and the motion carried to approve the $.50 rate. There was addi tional discussion about the date. Council Member Olsen asked if there would be enough preparation time to start up on September 1. Mayor Millis said that the Chamber's Committee would have their marketing plan ready in one week, July 31, 1990, at which time the City can review and implement it. After further discussion the Council agreed to the September 1 start up date and, if necessary, would hold a special meeting after seeing the marketing plan on July 31. a .A. HOOK RAMPS AT CAMINO MERCADO. Mr. Christiansen referred to the July 20, 1990 memo of pUblic Works Director Paul Karp and said that it states another delay of about 12 months. He also said that Senator Ken Maddy should be contacted to see what type of pressure can be put on Caltrans. After Council discussion Mr. Christiansen said that he would call the Senator and also contact Grover city and pismo Beach. a.B INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY AND WESLEY STREET. ~ No Report. , , i a.c. GRAND AVENUE (ELM STREET TO HALCYON ROAD) IMPROVEMENTS. ' Mr. Christiansen referred to his memo of July 19, 1990 which said ~hat the Council, by minute motion, should reject all bids regarding the overlay work and utilities. After discussion it was moved by Moots/Smith and the motion carried to reject all bids. An emergency motion was made by Dougall/Olsen (5-0-0-, Dougall, Olsen, smith, Moots, and Millis voting aye) to reconsider the 1990-91 street program. Because of possible financial benefits from street overlays near their homes, Mayor Millis and Council Member Smith left the dais. Mr. Christiansen submitted a second memo dated July 24, 1990 3 i I ~ 289 CITY COUNCIL MINUTES JULY 24, 1990 which summarized for the council alternative projects which could be performed with money budgeted for street work from 1989-90 "carryover" funds and fiscal year 1990-91. Mr. Karp said that it is his hope that all $609',300 worth of projects outlined in Mr. Christiansen's memo could go out to bid in the next 30 days. He also said that the order of work will depend on the contractor's scheduling. It was moved by Dougall/Olsen (3-0-2, Dougall, Olsen and Moots voting aye, Millis and Smith absent) to approve the street program for 1990-91. Mayor Millis and Council Member Smith returned at 8:30 P.M. 8.D. PLANNING COMMISSION RECOMMENDl\TION REGARDING CODE ENFORCEMENT OFFICER. Mr. christiansen said that he cannot recommend in favor of the recommendation of the Planning Commission. He said that the State is in a budgetary crunch and may take monies from the City. He said that when that is settled we will see where we are going from there. After discussion it was decided to continue the item to September 11, 1990. a.E. RESPONSE TO STATE WATER EIR. Council Member Olsen said that Ms. Liberto-Blanck had been I asked to draft a letter listing the City's areas of concern and will attend a pUblic hearing in San Luis Obispo on July 25, 1990, , at which time she will submit the City's response. " a.F. PROPERTY TRANSFER - FIVE ACRES. No Report. 9.A. SECOND READING OF AN ORD:J:NANCE AFFECTING SECONDHAND AND JUNK DEALERS BY PROVIDING CONTROLS THAT WILL DECREASE THE POTENTIAL FOR TRAFFIC IN AND THE SALE OF STOLEN GOODS: CITYWIDE. Mr. Christiansen read the title of the ordinance. It was moved by Dougall/Moots and the motion passed to dispense with further reading of the ordinance. It was moved by Dougall/Moots (5-0-0, Dougall, Moots, Olsen, Smith and Millis voting aye) to adopt Ordinance 427 C.S. Amending the Municipal Code Title 5, Chapter 8 Regarding Secondhand and Junk Dealers. 9. B. SECOND READING OF AN ORDINANCE THAT ESTABLISHES REOUIREMENTS FOR FILMING ACTIVITIES. INCLUDING THE STAGING. SHOOTING. FILMINq, ,-- VIDEOTAPING. PHOTOGRAPHING. ETC. . FOR THE MAKING OF STILL PHOTOGRAPHS. MO':fION PICTURES. TELEVISION. COMMERCIAL. AND NON- THEATRICAL FILM PRODUCTIONS: CITYWIDE. Mr. Christiansen read the title of the ordinance. It was moved by Dougall/Moots and the motion passed to dispense with further reading of the ordinance. It was moved by Dougall/Moots (5-0-0, Dougall, Moots, Olsen, Smith and Millis voting aye) to adopt Ordinance 428 C.S. Adding Chapter 17 to Title 4 of the Municipal Code Establishing Regulations for "Filming Activities". lO.A RESOLUTION REOUESTING AUTHORIZATION TO CLOSE A CITY STREET FOR THE HARVEST FESTIVAL PARADE. SATURD~Y. SEPTEMBER 29. 1990. Mr. Christiansen read the title of the resolution. It was moved by Dougall/Moots and the motion passed to dispense with further reading of the balance of the resolution. It was moved by Dougall/Moots (5-0-0, Dougall, Moots, Olsen, 4 _.,~--- _...._.._-----~. --~. --_._-~---~---_..~----~-~---- ^ -. 290 . CITY COUNCIL MEETING JULY 24, 1990 Smith and Millis voting aye) to approve Resolution No. 2410 Requesting Authorization to Close a Street. 10.B RESOLUTION AMENDING CITY CONFLICT OF INTEREST'CODE. Mr. Christiansen read the title of the resolution revising Resolution No. 2363. It was moved by Dougall/Smith and the motion passed to dispense with further reading of the balance of the resolution. It was moved by Dougall/Smith (5-0-0, Dougall, Smith, Olsen, I Moots and Millis voting aye) to approve Resolution No. 2411 Revising Resolution No. 2363 Conflict of Interest Code by Addition of Architectural Advisory Committee to the Appendix of Designated Positions: and Various Other Staff Title Changes. 11. WRITTEN COMMUNICATIONS. None 12. ORAL COMMUNICATIONS. Mayor Millis announced his intention to nominate Bill Tappan to serve on the Parking and Traffic Commission, filling the vacancy created by the moving of Jim Souza to the Planning commission. ADJOURNMENT It was moved by Moots/Dougall, and the motion passed, to adjourn the meeting at 8:40 P.M. ';:;lA:]J::R.1~ ATTEST~~~_"_ ~--~-~----- MARYLU SHOEMAKER, DEPUTY CITY CLERK l \ 5