Loading...
Minutes 1997-11-25 -. '. \' MINUTES REGULAR MEETING OF THE ARROYO GRANDE CITY COUNCIL TUESDAY, NOVEMBER 25, 1997 COMMUNITY CENTERlWOMAN'S CLUB, 211 VERNON STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with Mayor A. K. "Pete" Dougall presiding. He said nothing reportable occurred in Closed Session. 2. AND 3. FLAG SALUTE AND INVOCATION Clay Barks and Carlos Bedia of Arroyo Grande Police Explorers Post 542 led the Pledge of Allegiance to our Flag. The Reverend Jim Henry, St. Patrick's Catholic Church, delivered the invocation. 4. ROLL CALL Present with Mayor Dougall were Mayor Pro Tern Michael Lady and Council Members Thomas A. Runels and Steve Tolley. Council Member Michael Fuller was absent. Staff members present were City Manager Robert L. Hunt, City Attorney Timothy J. Carmel, City Clerk Nancy A. Davis, Community Development Director Doreen Liberto-Blanck, Director of Financial Services Lynda Snodgrass, and Public Works Director John Wallace. 5, SPECIAL PRESENTATIONS None. 6, AGENDA REVIEW City Manager Hunt said correspondence on Agenda Item 10.a. was distributed to Council Members. 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY It was moved by Lady/Runels and the motion passed unanimously that all resolutions and ordinances presented at the meeting be read in title only and all further reading be waived. 7. A. PUBLIC HEARING - LOT LINE ADJUSTMENT 97-543 & CERTIFICATE OF COMPLIANCE 97-546 (CASTLEROCK DEVELOPMENT) Council Member Tolley said he had a potential Conflict of Interest and left the dais. ~ ~ CITY COUNCIL MEETING MINUTES NOVEMBER 25, 1997 Community Development Director Liberto-Blanck said the Planning Commission recommended the Council adopt a resolution approving Lot Line Adjustment Case No. 97-543 and Certificate of Compliance Case No. 97-546, located at 617 and 621 Asilo, applied for by Castlerock Development. Ms. Liberto-Blanck said the project is within Rancho Grande Planned Development and the lots were approved as part o~ Tract 1834 Phase II in 1991. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Dougall declared the hearing open and said all persons would be heard regarding the matter. When no one came forward to speak, he closed the hearing to the floor. Mayor Dougall, Mayor Pro Tern Lady, and Council Members Runels said they approved of the Planning Commission recommendations. It was moved by Lady/Runels (3-0-1-1, Lady, Runels, and Dougall voting aye, Fuller absent, and Tolley abstaining) to adopt Resolution No. 3256 Adopting a Negative Declaration; Instructing the City Clerk to File a Notice of Determination, and Approving Lot Line Adjustment Case No. 97-543 and Certificate of Compliance Case No. 97-546, Located at 617 and 621 Asilo, Applied for by Castlerock Development. Council Member Tolley returned to the dais. 7 ,B. PUBLIC HEARING - CONDITIONAL USE PERMIT 84-368 AMENDMENT (OAK PARK FOURSQUARE CHURCH) Community Development Director Liberto-Blanck said the Planning Commission recommended the Council adopt a resolution approving Amendment #1 of Conditional Use Permit Case No. 84-368, applied for by Oak Park Foursquare Church, located at 900 Oak Park Boulevard. Ms. Liberto-Blanck said the church was requesting the Conditional Use Permit be amended to allow the operation of a preschool and elementary school within the existing building. She said the school has been in operation since 1990 and approval of the CUP Amendment would bring the school into conformance with City Code requirements. She discussed conditions of approval that the fire alarm system be certified; that grading modifications occur no later than December 15, 1997; that all lighting be shielded, and that the school van be parked on the south end of the parking lot. She said the project is in Oak Park Acres Planned Development. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Dougall declared the hearing open and said all persons would be heard regarding the matter. 2 ~ .~ , CITY COUNCIL MEETING MINUTES NOVEMBER 25, 1997 Leanne Peterson, 1040 Robin Circle, expressed concerns about the drainage and the church completing the grading modifications. Bob Smith, who was at the meeting in support of the next agenda item, an Appeal by Calvary Chapel, said he was a grading contractor and would do the grading work free for Oak Park Foursquare Church. Other speakers were Patty Clarkson, administrator of the school, and the Reverend Burnett, new pastor at the church. They said the church would comply with the conditions. When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. Council Member Tolley said he was at a meeting of the church representatives and neighbors and felt confident that the conditions would be met. Other Council Members agreed. It was moved by Tolley, Runels (4-0-1 with Tolley, Runels, Lady, and Dougall voting aye and Fuller absent) to adopt Resolution No. 3257 Adopting a Negative Declaration, Instructing the City Clerk to File a Notice of Determination, and Approving Amendment #1 of Conditional Use Permit Case No. 84-368, Applied for by Oak Park Foursquare Church, Located at 900 Oak Park Boulevard. 7,C. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DETERMINATION BY CALVARY CHAPEL (1133 MAPLE STREET) Community Development Director Liberto-Blanck said staff recommended the Council adopt a resolution denying the appeal. She said in 1982 the Planning Commission approved a Conditional Use Permit for Calvary Chapel and the project's operational times and uses were outlined in a July 1, 1982 letter from the Chapel. She said on September 12, 1997, the Police Department received four complaints regarding a skateboard facility operating at the Chapel and on September 9th and 15th the City Manager's Office received complaints, which were referred to the Code Enforcement Officer. She said the church is surrounded by residential uses. She said there were staff meetings with church representatives and on October 7th the Planning Commission decided that a Conditional Use Permit was needed to continue operation of the skateboard use. She said on October 15th the church filed an appeal of the Planning Commission decision. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Dougall declared the hearing open and said all persons would be heard regarding the matter. Speaking in favor of the appeal were the following: 3 - CITY COUNCIL MEETING MINUTES NOVEMBER 25,1997 The Reverend Steve Carr, pastor of Calvary Chapel, who showed photographs of the skateboard activity to the Council and used the overhead projector to illustrate his points. He referred to his November 20th letter to the Council offering to mitigate several impacts of the skateboard activity. Paul Sisemore, Oceano, Youth Pastor for Calvary Chapel Bill Barry, Associate Pastor for Calvary Chapel Don Selvey, 103 Oro Drive Clay Barks Sr., 952 Live Oak Ridge Road Reverend Ron Salisbury, president of the Ministerial Association Bill Miller, Grover Beach Reverend Paul Bautts, Bethel Baptist Church The owner of a skateboard park in San Luis Obispo Willy Hefner, 523 Branch Street Billy Minter, 317 Walnut Street Lori Schultz, 1059 Maple Street Gary Keavney, Pismo Beach Reverend GiI De La Rosa, Grover Beach Lynn Parks, 1146 Maple Street Speaking against the appeal were: Ron Gibbs, 1169 Maple Street Mike Byrd, 1165 Maple Street Angela Lemon, 1165 Maple Street Dan Walker, 1165 Maple Street When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. Mayor Pro Tem Lady and Council Member Runels said they would vote to uphold the appeal based on the church's apparent desire to mitigate the noise, lighting, and time frames. Mayor Dougall said there has to be trust among the church, the neighborhood, and government. Council Member Tolley said the activity is great for the young people but there needs to be a Conditional Use Permit. It was moved by Tolley/Dougall to adopt a resolution denying the appeal, to permit the skate boarding activity to resume immediately, and to allow the church 30 days to apply for a Conditional Use Permit. There were Council questions of staff concerning procedure and the affect of the vote throughout the Public Facility Zone. Council Members discussed among themselves and with church officials the hours the skateboarding activity would be conducted. City Attorney Carmel said by voting to uphold the appeal, the Council would be saying a Conditional Use Permit is not required in a Public Facility Zone for recreational facilities citywide. 4 ? CITY COUNCIL MEETING MINUTES NOVEMBER 25, 1997 There was a vote on the Tolley/Dougall motion and Council Member Runels, Mayor Pro Tem Lady, and Mayor Dougall voted no. Council Member Tolley voted aye. The motion failed. It was moved by Lady/Runels (3-1-1 with Lady, Runels, Dougall voting aye, Tolley voting no, and Fuller absent) to adopt Resolution No. 3258 Upholding the Appeal by Calvary Chapel Church That a Conditional Use Permit is Not Needed for a Skateboard Use at 1133 Maple Street. Reverend Carr said the church would be contacting the neighbors for a meeting. THE COUNCIL RECESSED FROM 10:15 TO 10:30 P.M. 8. PUBLIC COMMENT Fred Flannell, 550 Via Vaquero, refuted statements made at a previous Council meeting by Bill Tappan and former Mayor Mark Millis. 9, CONSENT AGENDA It was moved by Runels/Lady (4-0-1 with Runels, Lady, Tolley, and Dougall voting aye and Fuller absent) to approve Consent Agenda Items 9.a. through 9.h., with the recommended courses of action. 9.a. Cash Disbursement Ratification. Approved. 9.b. Cash Flow Analysis/Approval of Interfund Advance from the Sewer Facility Fund. Cash Report accepted. Interfund Advance approved. 9.c. Minutes of Regular City Council Meeting of October 28, 1997. Approved. 9.d. Adoption of Ordinance No. 491 C.S. Amending the Arroyo Grande Municipal Code Relating to Council Members' Salaries. Adopted. 9.e. Adoption of Resolution No. 3259 Establishing New Full-Time and Part-Time Positions. Adopted. 9.f. Bridge Street Bridge Rehabilitation Feasibility Study - Program Supplement Agreement No. M001. Resolution No. 3260 Approving Program Supplement No. M001 to Agency-State Agreement for Federal-Aid Projects No. 05-5199 for Bridge Street Bridge Rehabilitation was adopted. 9.g. Summarily Vacating a Portion of Huber Street East of Elm Street. Resolution No. 3161 was adopted. 9.h. Rejection of Claim Against City. Claim rejected. 5 " CITY COUNCIL MEETING MINUTES NOVEMBER 25, 1997 1 O,A. REQUEST FOR SUPPORT FROM THE SOUTH COUNTY PERFORMING ARTS BUILDING FOUNDATION City Manager Hunt said the South County Performing Arts Building Foundation requested an opportunity to update the City Council on the status of the Clark Center Theatre, to request a resolution of endorsement and support, and to request financial support for the building fund in the amount of $10,000 this year from the Quimby Fund and a non-binding statement of intent to grant additional $10,000 amounts for the next four years, and instruct staff to cooperate with the local Foundation committee in its efforts to educate the public about the benefits and values of the proposed auditorium. Mr. Hunt said staff recommended that if the Council wishes to donate money to the Foundation that it not be from the Quimby Fund because that fund is designated for the acquisition or development of parkland or improvements related thereto. Speaking in support of the Clark Center Theater were Steve Cool, 1577 EI Camino Real, who also read a letter from Christine Ferrara; Nan Fowler, 630 Cerro Vista Circle, chair of the Foundation; Khatchik Achadjian, San Luis Obispo; Bill Senna, Oceano; Alex Hauck, 1240 Sage Street, a student at Arroyo Grande High School; Trudy Jarrett, 555 Windemere Lane; Jane Hauck; Terry Ikeda, 1150 Vard Loomis Lane; Clifford Clark, Grover Beach; Gracia Bello, Grover Beach; Bill Hauck, and Mr. Selvey. Mayor Pro Tem Lady and Council Members Tolley and Runels said support should be given to the Performing Arts Center. Mayor Dougall said this should be the responsibility of the school district. It was moved by LadyfTolley and the motion passed with Mayor Pro Tern Lady and Council Members Tolley and Runels voting aye and Mayor Dougall voting no to: 1. Adopt a resolution of endorsement and support for the efforts of the South County Performing Arts Building Foundation to raise the money needed to build a performing arts auditorium on the Arroyo Grande High School campus; 2. Donate $10,000 this year to the Performing Arts Building Foundation and issue a non-binding statement of intent to grant an additional $10,000 per year for the next four years, and 3. Instruct staff to cooperate with the local committee in its effort to educate the public about the benefits and values of the proposed auditorium. 6 , " CITY COUNCIL MEETING MINUTES NOVEMBER 25,1997 1 0,8, REESTABLISHING A CAR SHOW IN THE VILLAGE City Manager Hunt said the Arroyo Valley Car Show, which was held in the Village for Eight years, was not held in 1997. He said Joe Rivera, Rocglo Promotions, had requested Council input/comments regarding reestablishing the car show in 1998. He said the Arroyo Valley Car Club had submitted a Temporary Use Permit application to hold the car show the last weekend in July, 1998. Speaking to the Council on holding car shows were Don Gastiger, President of the Arroyo Valley Car Club, and Mr. Rivera, 1503 EI Camino Real. Council Members said they would approve the holding of two car shows during 1998 with the Arroyo Valley Car Club show being held on the last weekend in July. Mayor Dougall suggested one of the shows be held on Grand Avenue outside of the Village. Mr. Hunt said staff would process both applications. 11 ,A. PASEO STREET - DESIGN STANDARDS City Manager Hunt said there had been noticing problems with this item and requested the Council continue the item. It was moved by Runels/Lady and the motion passed unanimously to approve Mr. Hunt's recommendation. 11,8. AMENDING THE ARROYO GRANDE MUNICIPAL CODE RELATING TO UTILITY BILLING POLICIES Financial Services Director Snodgrass recommended the Council introduce for first reading an Ordinance amending Section 6-7.04 of the Arroyo Grande Municipal Code pertaining to delinquent bills and adopt a resolution adopting fees for utility services, effective June 30, 1998. She said the earliest the changes could be implemented would be on the billing of June 3D, 1998. Ms. Snodgrass said proposed changes to the Utility Billing Ordinance are: Due date 30th day after bills mailed Past due notice sent 31 st day after bills mailed Shut-off notice sent 41 st day after bills mailed Water shut-off 35th day after bills mailed Ms. Snodgrass said proposed changes in utility billing fees are: Delinquent payment 10 percent of unpaid balance Water turn-on fee $30 Set-up fee $15 7 '. . f' CITY COUNCIL MEETING MINUTES NOVEMBER 25, 1997 Council Members discussed the recommended changes and agreed to support them. It was moved by Runels/Lady (4-0-1 with Runels, Lady, Tolley, and Dougall voting aye and Fuller absent) to introduce for a first reading an ordinance Amending Chapter 7 of Title 6 of the Municipal Code Regarding Delinquent Bills; Discontinuance of Service, and Turn-Off and Turn-On Charges. 11.C, FIREWORKS. ORDINANCE AND REGULATIONS City Manager Hunt said staff recommended the Council introduce for first reading an ordinance regarding the regulation of fireworks and adopt revised Rules and Regulations governing the process for issuance of permits. He said Rules and Regulations Page 2, Item 6.c., second sentence reading "Portable generators shall not be permitted," should be stricken. He said the proposed ordinance and Rules and Regulations contain "housekeeping" changes. It was moved by Lady/Runels (4-0-1 with Lady, Runels, Tolley, and Dougall voting aye and Fuller absent) to introduce an ordinance for first reading Adopting by Reference the 1994 Edition of the Uniform Fire Code with Additions, Deletions, and Amendments. It was moved by Runels/Lady and the motion passed unanimously to adopt the revised Rules and Regulations governing the process for the issuance of permits. 12, CITY COUNCIL REPORTS (a) Mayor Dougall (1) South San Luis Obispo County Sanitation District - no report (2) Local Agency Formation Commission - no report (3) City/Chamber Economic Development Committee - no report (4) Meeting of the Seven Mayors of San Luis Obispo County - Mayor Dougall said a meeting is planned for January 8, 1998 in Atascadero. He gave copies of a draft agenda to Council Members. (b) Mayor Pro Tern Lady (1) South County Area Transit - no report (2) San Luis Obispo Council of Governments - no report (3) San Luis Obispo Regional Transit Authority - no report (c) Council Member Runels (1) Zone 3 Water Advisory Committee and (2) County Water Resources Advisory Committee - Council Member Runels said the committee's operations were running smoothly (d) Council Member Tolley (1) Long-Range Planning Committee - no report (2) South County Youth Coalition - no report 8 . . l' . CITY COUNCIL MEETING MINUTES NOVEMBER 25, 1997 (3) Community Agriculture Support Program - no report 13, COUNCIL COMMUNICATIONS None. . 14. S1 AFF COMMUNICATIONS None 15. ADJOURNMENT It was moved by Runelsrrolley and the motion passed unanimously to adjr'Jrr} the meeting at 11 :20 p,m, if a. QwW NANC~IS, CJTY CLERK 9