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Minutes 1990-07-10 -. ...--" - -----~----_._-~- -----~----_.----- -. .. 2-78. - MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 10, 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 '1 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. Staff Members present were City Manager Chris Christiansen, City Attorney Judy Skousen, City Clerk Nancy Davis, Public Works Director Paul Karp, Planning Director Doreen Liberto-Blanck, Fire Chief Douglas Hamp, Parks and Recreation Director John Keisler and Police Lieutenant Bill Andrews. 4. PLAOUE OF APPRECIATION Mayor Millis presented a plaque of appreciation for six years of service to retiring Parks and Recreation Commissioner Ernie Ped. 5. ORAL COMMUNICATIONS DICK FRANKS of 879 Fairoaks Avenue complimented the city on the various plantings of flowers on public property around the City, particularly the traffic island at Halcyon Road and El Camino Real. 6. CONSENT AGENDA It was moved by Smith/Moots, and the motion passed, to approve Consent Agenda Items 6.C. through G.N. , with the recommended courses of action. 6.C. June 12, 1990, city Council Minutes. Approved. 6.D. June 26, 1990, City Council Minutes. Approved. 6.E. July 5, 1990, Senior Advisory Commission Minutes. Information. 6.F. June, 1990, Investment Report. Information. 6.G. Second Quarter, Sales Tax Revenue. Information. 6.H. Second Quarter, Departmental Monthly Reports. Information. """1 I 6.1. Progress Payment No. 13, Arroyo Grande Police Station I Renovation: Project No. 754. Approved. 6.J. certificate of Completion, Arroyo Grande Police Station Renovation: Project No. 754. Authorized. 6.K. Weather Station at Police Department. Approved. 6.L. Purchase of Baton Training Dummy: Budgeted Item; Police Department. Approved. 6.M. Award of Design Contract for Design of a Signal System to provide for Pedestrian Crossing at the Existing Crosswalk on Grand I Avenue, Mid-Block Between Alder Street and Brisco Road. Authorized I and approved. 1 I ~_ __ H _ ~--- ---- . - 279 CITY COUNCIL MINUTES JULY 10, 1990 6.N. Progress Payment for Construction of the Shallow Paso Robles and the Deep Pismo Test Wells: Project No. 60-89-2. Approved. Consent Aaenda Item 6.A. Mayor Millis read a proclamation recognizing Arroyo Grande Fire Fighters for Helping to Suppress the "Painted Cave Fire" in Santa Barbara, and accepting on behalf of the fire fighters was i Fire Chief Doug Hamp. Also present to hear the proclamation were I I fire fighters Marshall Vaughn, Carl Brandt, Glenn Graves, Mike Marsden and Winton Tullis. Lt. Andrews said there were Arroyo Grande Police Officers at the fire also. Consent Aaenda Item 6.B. Mayor Millis read a proclamation for "Parks and Recreation Month," and accepting were Parks and Recreation Commission Chairperson Judy Tappan and Parks and Recreation Director Keisler. 7. REGISTER OF CHECKS It was moved by Dougall/Olsen, and the motion passed, to approve the cash disbursements in the revised total amount of $398,252.92, as contained in the July 5, 1990 Staff Report of Finance Director David Bacon. 8.A. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF TENTATIVE TRACT NO. 983. PROPOSED RESUBDIVISION OF FOUR EXISTING PARCELS INTO SIX PARCELS: 139. 141. 143 AND 145 TALLY HO ROAD: L. C. LA VINE Council Member Olsen said she may have a conflict of interests in this matter and would be abstaining from discussion and voting. Mr. Christiansen recommended that the Mayor open the public hearing to take any testimony and then continue the hearing to July 24, 1990, so that a Negative Declaration With Mitigation Measures could be published in the newspaper. 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, the Mayor closed the hearing to the floor. Moved by Smith/Dougall (4-0-1, Smith, Dougall, Moots and Millis voting aye, Olsen abstaining) to continue the public hearing to the meeting of July 24, 1990. 8.B. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF SUBDIVISION OF A 55.473 SOUARE FOOT PARCEL INTO FOUR LOTS. RANGING IN SIZE FROM 10.235 SOUARE FEET TO 20.950 SOUARE FEET: 589 CERRO VISTA LANE: LARRY D. GIN Ms. Liberto-Blanck referred to her July 10, 1990 Staff report, and updated the Council on an additional item concerning the requested subdivision. She referred to a map of the area projected on the wall, and said at the last meeting several members of the audience had mentioned that the property owners, the Abel family, had subdivided several lots west to Alpine Street. She said the Planning Department had obtained copies of Grant Deeds proving this. She said that rather than being able to apply for a parcel map, the Subdivision Map Act says the applicants would have to submit a tentative tract map since they created more than four contiguous parcels. She said the Council would have to make an additional finding and could not approve a parcel map on this 2 I 28 O. -. ! CITY COUNCIL MINUTES I JULY 10, 1990 I application. She gave a history of the development land by the ! Abels. Mayor Millis asked about any time limit or if a different member of the family could submit a parcel map. Ms. Liberto-Blanck said she could find no time limit in the law. Ms. Skousen said the law refers to ownership of the land and a different family member could not submit a parcel map. Ms. Liberto-Blanck read a finding saying that a parcel map must be denied. ' "'"" 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. It was moved by Smith/Moots (5-0-0, Smith, Moots, Dougall, Olsen and Millis voting aye) to approve Resolution No. 2406 Upholding the Planning commission's Denial of Parcel Map Case No. i 89-484 Located at 580 Cerro vista Lane Applied for by Larry Gin, , based on the following findings: 1. The site is physically unsuitable for the proposed type, design and density of development because the proposed development is not consistent nor compatible with the adjacent neighborhood. 2. The proposed subdivision design is likely to cause substantial and considerable damage to the natural environment, since development of this site would result in the loss of significant wildlife habitat. 3. The application for a parcel map must be denied because the Subdivision Map Act requires a tentative tract map when more than four (4) contiguous parcels are created by the same person. It appears from the attachment that the applicant has created more than four (4) contiguous parcels since 1958. Therefore, based on this information, the Council has no choice but to deny the application. 8. C. PUBLIC HEARING - EXTENSION TO ONE YEAR OF INTERIM URGENCY ORDINANCE NO. 414 C.S.. ADOPTED BY THE CITY COUNCIL ON SEPTEMBER 12, 1989. EXTENDING PROHIBITION ON AN INTERIM BASIS OF THE APPROVAL OF ANY "ADULT ENTERTAINMENT" USE OR APPLICATION FOR SUCH USE. PURSUANT TO GOVERNMENT CODE SECTION 65858: CITYWIDE Mr. Christiansen referred to the July 10, 1990 Staff report of the Planning Director, who recommended that the Interim Urgency Ordinance be extended for one year. After being assured that the Public Hearing had been duly l 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, the Mayor closed the hearing to the floor. Moved by Dougall/Smith (5-0-0, Dougall, Smith, Olsen, Moots and Millis voting aye) to adopt Ordinance No. 425 C.S., an Urgency Ordinance Extending Prohibition on an Interim Basis of the Approval of Any "Adult Entertainment" Use or Application for Such Use, Pursuant ' to Section 65858 of the California Government Code, and Directing the consideration and Review of Regulations Relating Thereto. 3 I -,--~ . .,------- .----- ~ 281 CITY COUNCIL MINUTES i JULY 10, 1990 , I , 8.D. PUBLIC HEARING - TO ADOPT AN ORDINANCE AFFECTING SECONDHAND ! AND JUNK DEALERS BY PROVIDING CONTROLS THAT WILL DECREASE THE I POTENTIAL FOR TRAFFIC IN AND SALE OF STOLEN GOODS: CITYWIDE. Mr. Christiansen referred to the May 29, 1990 Staff Report of Chief of Police Rick TerBorch, who recommended that the Council adopt the proposed revision to the City's Secondhand "Vendors" Ordinance. Police Lieutenant Andrews answered Council questions about the ordinance. After being assured that the Public Hearing had been duly pUblished and all legal requirements met, Mayor Millis declared the Public Hearing open and said all persons would be heard regarding the matter. When no one came forward to speak, the Mayor closed the hearing to the floor. Mr. Christiansen read the title of the ordinance, An Ordinance of the City Council of the City of Arroyo Grande Amending the Municipal Code Title 5, Chapter 8 Regarding Secondhand and Junk Dealers. It was moved by Dougall/Smith, and the motion passed, to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance. 8.E. PUBLIC HEARING - TO ADOPT AN ORDINANCE THAT ESTABLISHES REOUIREMENTS FOR FILMING ACTIVITIES. INCLUDING THE STAGING. SHOOTING. FILMING. VIDEOTAPING. PHOTOGRAPHING. ETC.. FOR THE MAKING OF STILL PHOTOGRAPHS. MOTION PICTURES. TELEVISION. COMMERCIAL. AND NONTHEATRICAL FILM PRODUCTIONS: CITYWIDE Mr. Christiansen referred to the May 25, 1990 Staff Report of the Police Chief, who recommended that the ordinance be adopted, and said that permit fees need to be established and incorporated into the city's Master Fee Schedule. Mr. Christiansen answered Council questions with regard to fees. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Millis declared the Public Hearing open and said all persons would be heard regarding the matter. HEATHER JENSEN, Chamber of Commerce manager, asked questions concerning fees, enforcement, and local and news photographers being exempt. Mr. Christiansen said the fee schedule will be back before the Council in the near future. When no one further came forward to speak, the Mayor closed the hearing to the floor. Mr. Christiansen read the title of the ordinance. Moved by smithjMoots, and the motion passed, to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance. 9.A. HOOK RAMPS AT CAMINO MERCADO No Report. i 9.B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND , AVENUE/TRAFFIC WAY AND WESLEY STREET No Report. 9.C. GRAND AVENUE (ELM STREET TO HALCYON ROAD} IMPROVEMENTS Mr. Christiansen recommended that the Council continue this agenda item to the next meeting. 4 I ------.- 282 ~ I CITY COUNCIL MINUTES I JULY 10, 1990 It was moved by smith/Dougall, and the motion passed, to continue the agenda item to July 24, 1990. SOLID WASTE TASK FORCE Council Member Dougall referred to his July 6, 1990 memorandum on the Hazardous Waste commission. He said the commission has requested that the County Board of Supervisors combine it with the Solid Waste Task Force. He said he is a member of the task force and the City would lose no representation. He also reported on the recent Household Hazardous Waste Collection Event, and said the cost to Arroyo Grande would be $4,914.36 for 37 households. He said there may be a second and third events. He said the County '1 Agriculture department has had a pesticide collection program for three years. 9.E. PLANNING COMMISSION RECOMMENDED ACTIONS REGARDING CITY WATER POLICY Ms. Liberto-Blanck referred to her staff report of July 5, 1990, and said the Planning Commission has recommended that the city Council support five action items, and instruct Staff to implement the action items. The Council discussed the five action items recommended by the planning Commission. Mayor Millis said action is already underway on Item 5, which requests that the Council communicate with the Fourth District Supervisor regarding water demands from proposed projects within the Arroyo Grande unincorporated area. The Mayor said the mayors in the County will be meeting soon and will discuss water demands from proposed projects within the unincorporated areas. There was Council discussion and approval of Item 1 adopting an ordinance requiring strict water conservation devices for new construction. council Members discussed Item 2 and approved adopting an ordinance establishing water condition stages and appropriate water conservation measures for each stage. Council Member Moots requested that Staff preface the ordinance with a statement as to why water condition stages are being set up. Mayor Millis asked that there be a stage such as the one we are in now, where very strict mitigation measures are not necessary. Council Members said it would be premature to approve the recommended Item 3, which would limit the number of building permits issued per year. Mayor Millis said Item 4, which would establish an active public information campaign regarding water conservation, is already underway. Council Members said they would like a report '1 at the first meeting of the month from Karen Williams, Water Conservation Coordinator for the City. There was extensive council discussion on development of a water conservation policy concerning lot splits, rezoning and second units. Mayor Millis said there was Council consensus that Staff should be instructed to return with two ordinances, one that would require water neutrality for parcel maps or tentative tract maps, and another that would require a water neutrality for all new building permits. BERNARD LANDSMAN of 579 Newman Drive said the ordinance should include, (1) Mr. Karp's figures showing how many lots the City has at this time and how much water is available, (2) the cost of Lopez Lake water and (3) the cost of State and other water sources. He said the residents should be advised that if they conserve water 5 - 283 CITY COUNCIL MINUTES JOLY 10, 1990 now, they will not have to bring in water from outside sources and pay the extra costs. Mr. Christiansen said staff is putting together a report to the residents of the City and it will be released in the near future. Council Member Olsen (name corrected at 8/14/90 meeting) said she has been asked when residents would have to begin paying for state water. She said it would be when the contract with the state is signed. There was discussion about public hearings on the water ordinances, and Ms. Skousen said the ordinances should reach the Planning Commission by the first meeting in September. 9.F. PROPERTY TRANSFER - FIVE ACRES No Report. 10.A. SECOND READING OF ORDINANCE ESTABLISHING AN ARCHITECTURAL ADVISORY COMMITTEE TO. AMONG OTHER ITEMS. MAKE ARCHITECTURAL RECOMMENDATIONS TO THE PLANNING COMMISSION. CITY COUNCIL. AND PLANNING DIRECTOR Council Members questioned Staff about the purpose and activities of the proposed Architectural Advisory Committee. Mayor Millis pointed out that the words "knowledge/experience" should replace the word "experience" in the third line of paragraph C.2., page 2. Ms. Skousen said it was a clerical error. It was moved by Dougall/Smith (5-0-0, Dougall, Smith, Moots, Olsen and Millis voting aye) to adopt corrected Ordinance No. 426 C.S. Amending Title 9, Chapter 4 of the Municipal Code, Which Establishes the Membership, Terms of Office, Organization of the Architectural Advisory Committee and Certain Aspects of the Architectural Review Process. 10.B. 35-ACRE PARCEL. OAK PARK ACRES. ESCROW AND TITLE SEARCH Mr. Christiansen referred to the July 6, 1990 Staff Report of the Parks and Recreation Director. He said Mr. Keisler and the Public Works Director reviewed the buyer's closing statement, , I preliminary report and sale instructions prepared by Cuesta Title I i Guaranty Company on the 35-acre parcel. Mr. Christiansen said the I Staff report listed two items of which the Council should be aware, (1) the City would owe $4,000 to $4,500 to the County for a sewer improvement bond, and (2) Some of the property owners in Leisure Gardens have encroached upon the property with gardens and temporary fence-type structures. According to the Staff report, Mr. Keisler visited Reuben Kvidt, who is giving the property to the City, and obtained copies of tax payments paid through June, 1990. Mr. Keisler's report said that all back and current taxes have been paid on the property to date. The City Attorney recommended that those homeowners encroaching on the property and the Oak Park Acres Homeowners Association be notified of the encroachment. 10.C. RECYCLING AGREEMENT Mr. Christiansen referred to his July 10, 1990 memorandum, and said Council Member Dougall had reviewed the draft copy of the recycling agreement between the City and RALCCO, Inc. He said Council Member Dougall had recommended eight changes in the agreement. Council Members discussed the suggested changes, and the following was decided: (1) The Council decided not to change the title of the agreement. 6 284 CITY COUNCIL MINUTES JULY 10, 1990 (2) The Council agreed to add to Paragraph 6, at the end of the paragraph, the following: "and such sales shall be reported to the City including dollar amounts every six (6) months." (3) The Council agreed at paragraph 7: Remove from Paragraph 9 and add to Paragraph 7 the following: "City and Ralcco'shall share equally in the cost of the above described public awareness program and marketing of said awareness program." (4) The Council agreed to eliminate the final sentence in Paragraph 9 which reads: "City shall be responsible for billing and collection of charges for said program." ""'" (5) The Council agreed that Paragraph 11, second sentence be amended to read: "monthly reports shall contain, etc., thereby eliminating two (2) words, such records." (6) The Council did not agree to Council Member Dougall's recommendation. (7) The Council agreed to eliminate the last sentence of Paragraph 15: "City will coordinate with the garbage collection contractors for such cooperation." (8) The Council agreed that toward the end of Paragraph 17, following the words "each residential customer" insert "billed by the City for each month thereafter." Council Members discussed the inclusion of apartment buildings and mobile home parks in the recycling program. Mayor Millis directed staff to meet with all parties concerned, including apartment and mobile home park owners and RALCCO, to work out a way to include them in the program. He said it is the Council's desire that all residential units be part of this recycling program. Council Member smith suggested that the recycling ordinance include requirements that when new multi-residential units are built, recycling bin space be allocated. Council Member Moots said the commercial businesses in the City should be encouraged to participate also. Mayor Millis and Council Member Olsen said the parties concerned should work closely with the Chamber of Commerce on this. Mr. Christiansen said RALCCO will collect for recycling newspapers, all plastic containers, steel and aluminum cans, and glass. He said there would be no need to clean or separate the materials. He said RALCCO has 18,000 buckets of different sizes to distribute, when residents call to participate in the program. Mr. Christiansen said collection will be on the same day as the garbage pickup. He said the program can begin September 1, 1990 instead of October 1, 1990, and the City Clerk will be writing the ~I letter to residents about the program. Council Member Olsen I suggested that she work with the Chamber of Commerce on it. Mr. ! Christiansen said the recycling containers will be delivered the last two weeks of August. Council Member Dougall said there may be a problem with the recycling trucks being too heavy for the driveways in mobile home parks. It was moved by smith/Moots, and the motion passed unanimously, to approve the revised Recycling Agreement with RALCCO. l1.A. APPOINTMENT OF JAMES M. SOUZA TO THE PLANNING COMMISSION: TERM EXPIRES JUNE 30. 1992 (FILLING THE UNEXPIRED TERM OF FORMER PLANNING COMMISSIONER SHARON FISCHER} Mayor Millis nominated James M. Souza to serve on the Planning commission, with a term expiring June 30, 1992. The Council CITY 7 -~ . 285 COUNCIL MINUTES JULY 10, 1990 unanimously approved the nomination. Mayor Millis directed Staff to advertise the vacancy on the Parking and Traffic Commission. 11.B. RESOLUTION AMENDING RESOLUTIONS 2322 AND 2329 BY THE ADDITION i OF THE EMPLOYEE POSITIONS OF DEPUTY PUBLIC WORKS DIRECTOR/ASSISTANT CITY ENGINEER. POLICE LIEUTENANT. AND RECORDS CLERK TO THE LISTS OF MID-MANAGEMENT AND CONFIDENTIA~ EMPLOYEES It was moved by Smith/Moots (5-0-0, Smith, Moots, Dougall, Olsen and Millis voting aye) to approve Resolution No. 2407 Amending Resolutions 2322 and 2329 by the Addition of the Employee Positions of Deputy Public Works Director/Assistant City Engineer, Police Lieutenant and Records Clerk to the lists of Mid-Management and Confidential Employees. II.C. RESOLUTION DESIGNATING THREE LANDMARK TREES. 221 EAST BRANCH STREET It was moved by smith/Moots (5-0-0, Smith, Moots, Olsen, Dougall and Millis voting aye) to approve Resolution No. 2408 Designating Landmark Trees No. 90-58 located at 221 East Branch I Street. I 12. WRITTEN COMMUNICATIONS , None. 13. ORAL COMMUNICATIONS i City Attorney Skousen said the City may have avoided a very , expensive legal action by mailing written notices of the General Plan Update meeting to individual property owners in the City. I 14. CLOSED SESSION None. 15. ADJOURNMENT I It was moved by Moots/Dougall, and the motion passed, to adjourn at 9:44 P.M. ~jd,'JtrL MARK M. MILLIS, 0 ATTEST: ().~ VIS, CITY CLERK 8