Minutes 1992-10-13
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MJ:NUTES
REGtJI..AR MEETING OF THE CITY COUNCIL
TUESDAY, OCTOBER 13, 1992
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREB'!'
ARROYO GRANDE, CALIFORNIA
Tbe City Council ot the City ot Arroyo Grande I118t at 7:30
P.M., with MAyor HarJe H. Hillb pr4taidinq.
i 1. , 2.. FLAC SALtJfl'E ANn INVOCATION
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, Mayor Millis led the Pledge of Alleqianoe to our Flaq, and the
Rev. Paul Jones ot 1'ismo Beacb deliverea the invocation.
~.. ROT.L ~AT..TI I
Present were Mayor Hillis and CC)\1hcil MeJabers A. 1(. "Pete" ,
I Douqall, Matthew P. "pete" Gallagher and B'Ann sDL1th. Council J
i Me1llber, Gene Moots was Absent. Staff Members present were City
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Manaqer chris Christiansen, City Attorney Judy SJcousen, city Clerk
Nancy Davis, PUblic Works Director Van Laurn ana current Planner
I Scott Spiedin9.
4.. ORAL ~Il!A'I'Yt)NS
DENISE COZZA ot 515 Helson street spoke about an erosion
problem that is atfeotinq her property. She said she met with City
officials one IIOnth ago and has ~en waitinq for help and guidance
in remedyin9 the erosion problem. She asked tor a response from
the City.
5. CONSRNT AGRNDA
It was moved by Douqall/Gallagher, and the motion passed
unanimously to approve Consent AljJenda IteM 5.A. throuqh 5.H., with
the reeolD11lended courses of action.
5.11.. Septellber 22, 1992, Joint PUblie Hearing/WOrkshop of C11:y
Council and Planning Co-.18sion. Approvec1.
5.B. September 22, 1992, city Council ~nutes. Approved.
5.C. September, 1992, Xnvesblent Report. Infonation.
5.0. Third Quarter, 1992, Sales Tax Revenue Report. Intonation. '
5.B. Liability clai., Kurt Berqer and Mark WeJ'1dler. Rejection
I recollllended.
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5.F. Progress 1'ayaent No. 3 for construction of Well No.9: Water
Treatment Facility: Project No. 60-92-2. Approved.
5.G. Request Approval of Tow Service Bid, Police Department: 1992-
93 BUdqeted lte.. Low bid avar4 approved.
5.H. Award of Bid tor Che.icals and Fertilizers: Parks Department,
1992-93 Budgeted Ite.. Low 8i4 Award apprOVed. I
6. RECYSTER 011' CNRCX~
It was moved by Dougall/Smith, and the IIIOtion passed
unanimouslY to approve cash disburseaents in the lUIOunt of ,~
$448,325.71, as listed in the OCtober 8, 1992, Staff Report of
Finance D1rector David BaQOJ1.
7. PUBLIC HEARING - APPEAL OlP PLANN:t;JJG COJDf!SSYON DRNIAL OP'
I VIEWS~ED REVIEW PERMYT NO. 92-37. FOR'A SE~OND-STORY. ?32 SOUARE-
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i FOOT ADDITION TO lt1' P:XISTING 1.1:39 SOUARE-FOOT/ SrNGLE-PAMILY KOHE:
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i MAXIMUM HRIGWP PROPOSEO IS 22 FRET: 116 BRIit.. STREET: HUE C. OIEP
! Mr. Spierling referred to the OCtober 13, 1992, Staft Report
i of the Planninq Director. He said the Planning cOJIIIIission
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I reoommended that the City Council deny the appeal made by Mr. Diep.
I After beinq assured that the Public Hearing bad been duly
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noticed and all legal requirellents met, Mayor Millis declared the
hearing open ""d .aid all persons would be heard regarding the
matter.
Speaking in favor of the appeal was the appell""t HUE C. DIEP,
the project's architect GREG SO'l'O, IUld builder EMIL BRAUGAN. Their
arguments were based on the appellant's need for more living space,
that fewer people are now livinCJ in the rental on the appellant's
property, that the neighborhood already has two-story structures,
that other homes in the neighborhood have covered large areas of
their lots with buildings, and that windows lOOking east would be
removed frOll the new structure design. MR. SO'l'O showed the Council
photographs of the two-story structures already builtin the
neighborhood.
Speaking against the appeal were PAUL QUINLAN of 511 Cornwall,
KIM BURn of 515 Cornwall, ~RTM~ SPOHN of 517 Cornwall and LOUIS
BRAZIL of 603 Cornwall. Mr. Qllinlan read a letter froll another
'-- neighbor KEVIN He BRIDB at 605 Cornwall. Their arg\Ullents were
based on the second story overpowering the .cottage type"
neighborhood, the privacy issue, that the lot coverage is too
great, and that there is not enoll9h parkinq.
When no one further cue forward to speak, Mayor Millis olosed
the hearing to the floor.
Council MeJDbers said the second story would not contorm with
the neiqhborhood, that the project should be redesigned, that the
lot coveraqe is too great and 1;t1at parkinq is inadequate.
It was IIIOved by Smith/Dougall (4-0-1, SlIith, Dougall,
Gallagher and Millis voting aye, Moots absent) to approve
Resolution No. 2952 Upholding the planninq COlUlission's Denial of
Viewshed Review Case No. 92-37, Applied for by Hue C. Diep, for a
Seoond story Addition to a Single Family Residence LoCated at 116
Bell street.
S . A. SECOND READYNG OIl' ORDINANCE AMRNDING MUN'ICIPAJ. COD);! TYTLR ~.
CHAPTER 1 RRGA)mING BUSINRsg T... TC:RMSING.. t!HAPTER '2 RRGAROYNG FUNDS a
ANn CHAPTRR ~ REaAROING TAX~g~ AND TITLR 5.. C~ER 10 REGARpING
TAXICAB DRIVERS. CHAPTER 12 REGARDING' BINGO GAMES. CHAPTER 13
~RG~DYNG PARRNTS' ~~~PONSTBtLYTY ~OR J4I~ERING MINORS: CI1VWIDE
It was moved by Dougall/Sllith (4-0-1, Dougall, Smith,
Gallagher and Millis voting aye, Moots absent) to adopt Ordinance
No. 452 C.S. Amending Municipal Code 'l'itle 3, Chapter 1 reqarcling
business licensing, Chapter 2 Regarding Funds, and Chapter 3
Regarding Taxes, and'l'itle 5, Chapter 10 Reqarding 'l'axicab Drivers,
Chapter 12 Regarding Bingo Game., Chapter 13 Regarding Parents'
Responsibility for Loitering Minors.
9 . A. RESOLU'l'YON OIl' CY'I'Y COUNCYL RtmURSTING PROPOSITION 116
DISCRRTIONARY PUWDS POR ~rCYCL~/PRORSTRIAN RRYnGR A~OSS u.s. 101
~ FAIR OAKS AVRNUE
It was IIOved by Dougall/Smith (4~0-1, Qougall, smith,
: Gallaqher and Millis voting aye, Moots absent) to approve
Resolution No. 2953 Supporting Proposition 116 Funding of Bicycle
; L and Pedestrian Routes: Bicyole Bridge Along Fair Oaks Boulevard.
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9 . R . REDUEST TO RNTER YN'I'O A CONTRAC'l' 1I'OR UPDATE OIl' TH);! HOUSING
ELF..MENT AND PREPARATION OF TijE COMPREHENSIVE HOUSING AFF9RDABILITY
, STRATEGY WITH CRAWFORD. MULTART ~D STARR
. Mr. Christiansen referred to the october 13, 1992, Staff
i Report of the Planninq Director, who reCOllllllended that the City
, enter into a contract with Crawford, MUltari , Starr to update the
HOllsing Element, prepare a Comprehensive Housing Aftordability
Strategy and conduct environmental review for $13,650.
It was moved by Dougall/Galla9her, and the IIIOtion was passed
I unaniDlOwsly to approve the awarding of &bovenoted contract to
, crawford, Multari , Starr in the amount ot $13,650.
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9.. C.. ~CHOOL CROSSING GUARDS J MARGARET HARLOE AND OCEMl VIEW SCHOOLS
Mayor Millis said he may have a conflict of interest on this
matter and left the room. Council Member Smith presided.
Mr. Christiansen referred to the October 7, 1992, staff Report
of Chief of Police Rick TerBorch, who recommended that the Council
approve a third crossing guard to be assigned to Ocean View School,
and in doing so, Lucia Mar School District would pay one-half of
the entire Crossing Guard Program, resulting in a savings of
approximately $2,622 from'the current cost of the program.
It was moved by Gallagher/Douqall, and the motion passed with
Gallagher, Dougall and Smith voting aye and Millis and Moots
absent, to approve the recommendation of the Chief of Police.
Mayor Millis returned to the dais. "
9..0.. APPROVAL OF AGRRRMENT POR RRYMRtJR..QEMENT OF STATE-LOCAL
PARTNRRSHTP PROGRAM
Mr. Christiansen said this item was removed from the agenda.
9aE. TRACT 1997 GRADING APPROVAL (PHASE II. RANCHO GRANDE)
Mayor Millis said he may have a conflict of interest on this
matter because of the financial connection between Rancho Grande
and Mid-State Bank, in which he owns stock. Council Member Smith
presided.
Mr. Christiansen said that according to papers received froll
the representative of the owners of Rancho Grande, Mid-State Bank
no longer has an interest in the tract.
Mayor Millis said the Fair Political Practices Commission has
said that there is a conflict if there is a financial interest
within 12 months, and there certainly has been an interest within
that tille. He said he would have to have a verified letter from
the FPPC saying he could vote in this lIatter. He said otherwise he
would step aside.
Council Member Gallaqher read from a copy of the California
Conflict of Interest Laws for Public Officials that said the third
cOllponent of a conflict of interest is whether the effect of the
decision on the official's econoaic interest woUld be "material."
He read that the effect would be "material" when an official has a
financial interest of $1,000 or more or which is a source of income
worth $250 or more to the official in the last 12 months, and the
source is directly involved in a decision before the official's
agency. He said this would indicate that the words "within the
last 12 months" would create a conflict of interest. He said the
best course of action was to wait until Council Member Moots
returns.
The city Attorney said it was up to each Council Member to
decide whether he or she had a conflict of interest. She said the
only real advice should come from the FPPC. '1
Council Member Dougall said if the paper referred to by the
city Manager states that Mid-State Bank no longer has any
involvement in the tract and the applicant needs to do sOllie grading
to get his project started, he did not want to stand in the way of
progress.
Council Member smith recognized PETE MILLER, general
representative for the owners of Rancho Grande. He said the
COnflict of Interest Code provides that an official has a financial
interest if it is reasonably foreseeable that the decision will
have a material financial effect on the official or his or her
immediate family or on any source of incollle aggregating $250 or
lIIore in value provided to, promised to or received by the official
within 12 months prior to the tille the decision is made. He said
Mid-State Bank is the source of incolle and is totally uninvolved in
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the tract. He said no decision made at the meeting would effect
Mid-State Bank in any way and therefore not effect any Council
Member who has any interest in Mid-State Bank. He said it the
Council delays a decision two weeks it would mean a great deal to
the city's econollY. He said grac:Ung work needs to beqin before the
winter rains.
Council Member Dougall asked the City Attorney about whether
the grading would oreate a financial interest and the 12 month
problem it Mid-State Bank is no longer involved in the project.
The City Attorney said since Mid-State is no longer involved
in the project, the grading would not aftect Mid-state Bank in any
way. She said, however, that she had not had a chance to go
through all the details and wu advising that 1t should be the
Council Member's decision to make.
Council Jf""~r Dougall said the Council should go ahead with
'-' consideration ot the request for grading.
Council Member Gallagher said he wanted 1 t on the record that
these Council proceedings would be a potential conflict of interest
for the City.
Hr. Christiansen reterred to the OCtober 9, 1992, Staff Report
ot Public Works Direotor Van Laum, who recollJUlnded that the City
CouncJ.l authorize h111 to issue a grading permit for Tract 1997
subject to an approved erosion control plan. Hr. Christiansen said
the rough grading should be done by December, 1992.
Council Members questioned the Public Works Director
concerning the risks of grading this tille of year, the erosion
control plan, the length of ti.. the grading will take, and
planting tor erosion control. They said the Public Works Director
should be on site to take preventative actions against erosion, and
to stop the grading if necessary.
Hr. Laurn said there is so.. risk ot erosion on the slopes
adjacent to Ja.es Way. but that he would be lIIOnitoring the work on
a day by day basis.
It was JIOved by Gallagher/Dougall to approve the issuance of
a grading perm1t for Tract 1997 contingent on a strict erosion plan
and the developer's acceptance of Statf details and conditions. The
IIOtion passed with Gallagher, Dougall and Smith voting aye and
Hillis and Moots absent.
Mayor Millis returned to the dais.
10. WRITTEN COMMUNlCAT:rON~
None.
11. ORAL COMMVNlCATIQJilS
Hone.
12. CLOSED SRS~TOH
None.
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1~. An:rOURNMENT
It was moved by Dougall/Smith, and the motion passed
unanimously to adjourn the Meting at 8:35 P.M.
7i?~tf:
ATTEST: ~ a. ~~
NANCY A. AVIS, CITY CLERK
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