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Minutes 1992-07-14 '18' ~ MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 14, 1992 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 Hark H. Hillis presiding. 1. & 2. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Samuel B. Northcote of Pismo Beach delivered the invocation. 3. ROLL (,AU. Present were Mayor Millis and Council Members A. K. "Pete" Dougall, M. P. "Pete" Gallagher, Gene Moots and B'Ann Smith. Staff Members present were City Manager Chris Christiansen, city Attorney Judy Skousen, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck, Parks and Recreation Director John Keisler and J Director of Building and Fire Kurt Latipow. 4. ORAL COMMUNICATIONS TOM RUNELS of 586 Valley Road asked the council why the issue of State Water for Arroyo Grande had not been placed on the November 3, 1992 election ballot. Mr. Christiansen said it is the Council's position that it would place the State Water issue on the ballot if there is a need for it and the cost and number of acre feet were known. He said the Council does not feel there is a need for State water in the City at this time, and the cost and number of acre feet are not known. Mr. Runels said sooner or later the residents will pay for this indecision on whether or not to take State Water. PEDRO ARAYA of 357 Tally Ho Road asked for a meeting with the City Attorney to discuss disputed boundary lines on his property. Ms. Skousen said she would contact him and set up a meeting. 5. CONSENT AGENDA Council Member Dougall said he would abstain from voting on the June 9, 1992, city Council Minutes approval because he did not attend that meeting. Mayor Millis said he would abstain from voting on the June 23, 1992, City Council Minutes approval for the same reason. It was moved by Dougall/Gallagher, and the motion passed unanimously to approve Consent Agenda Items 5.D. through 5.K., with the recommended courses of action. 5.0. June, 1992, Investment Report. Information. 5.E. Second Quarter, Sales Tax Revenue Report. Information. 5.F. Purchase of Base station Radio: Fire Department: 1992-93 Budgeted Item. Approved. 5.G. Purchase of Dump Truck: Public Works Department: 1992-93 Budgeted Item. Approved. 5.H. Purchase of Vactor Hoses; PUblic Works Department; 1992-93 Budgeted Item. Approved. . 5.I. Purchase of Valve Turning Machine; Public Works Department; 1992-93 Budgeted Item. Awarded to low bidder. 5.J. Purchase of Leak Detector; Public Works Department: 1992-93 Budgeted Item. Awarded to low bidder. 5.K. Purchase of Hydraulic Jackhammer: pUblic Works Department: 1992-93 Budgeted Item. Approved. 1 ----.- ---,~ , ~ 19 CITY COUNCIL MINUTES JULY 14, 1992 It was moved by Gallagher/Smith to approve Consent Agenda Item 5.B., with the recommended course of action. Council Members Gallagher, Smith, Moots and Mayor Millis voted aye, and Council Member Dougall abstained. 5.B. June 9, 1992, City Council Minutes. Approved. It was moved by Gallagher/Smith to approve Consent Agenda Item 5. C., with the recommended course of action. Council Members Gallagher, Smith, Dougall and Moots voted aye, and Mayor Millis abstained. 5.C. June 23, 1992, City Council Minutes. Approved. Mayor Millis read a proclamation honoring Parks and Recreation Month" and accepting were Judy Tappan, Parks and Recreation - Commission member, and Mr. Keisler. 5.A. Proclamation, "Parks and Recreation Month," July, 1992. Proclaimed. 6. REGISTER OF CHECKS It was moved by Dougall/Gallagher, and the motion passed unanimously to approve Cash Disbursements in the amount of $548,402.62, as listed in the July 8, 1992, Staff Report of Finance Director David Bacon. 7.A. PUBLIC HEARING - AMENDMENT TO MUNICIPAL CODE SECTION 4-3.02 rEI TO PERMIT PARKING ALONG THE OPPOSING EDGE OF AT-INTERSECTION WHERE A PROHIBITION IS NOT NEEDED FOR PUBLIC SAFETY AND/OR TRAFFIC CONTROL: CITYWIDE. Mr. Christiansen said this was being recommended by the Traffic Commission. 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. Mr. Christiansen read the title of the proposed Ordinance Modifying parking prohibitions by Amending Section 4-3.02 (el of the Municipal Code. It was moved by Dougall/Smith, and the motion passed unanimously to dispense with the reading of the entire Ordinance. Mayor Millis said that constituted the first reading of the Ordinance. 7.B. PUBLIC HEARING - l} PLANNED DEVELOPMENT REZONE CASE NO. 91- 223. AMEND PLANNED DEVELOPMENT ORDINANCE 355 C.S. TO ALLOW AN INSTITUTIONAL USE ON LOT 184 OF TRACT 1390: 21 SPECIFIC DEVELOPMENT PLAN CASE NO. 91-05. DEVELOPMENT PLAN FOR THE CONSTRUCTION OF THREE r 3 I CHURCH BUILDINGS TOTALING 14.635 SQUARE FEET QN A 309.176 SQUARE-FOOT LOT: MAXIMUM BUILDING HEIGHT WILL BE 35 FEET: DEVELOPMENT IS TO OCCUR IN THREE (3) PHASES OVER APPROXIMATELY TEN _ (10) YEARS: AND 3) ARCHITECTURAL REVIEW CASE NO. 91-470 FOR THE PROPOSED ARROYO GRANDE PRESBYTERIAN CHURCH BUILDINGS: 600 RODEO DRIVE: TRACT 1390. LOT 184 Mayor Millis and Council Member Dougall said they may have conflicts of interest in this matter and left the room. Mayor Pro Tem MO?ts presided. The Planning Director referred to her Staff Report of July 14, 1992, and said the planning commission and Staff Advisory Committee had recommended that the Council: 2 -, , 20 -, , CITY COUNCIL MINUTES JULY 14, 1992 1. Adopt the resolution certifying that the Addendum EIR had been prepared in compliance with the California Environmental Quality Act. 2. Conduct the first reading of the ordinance approving Planned Development Rezone 91-223 and Specific Plan Case 91-05 with findings, conditions of approval identified on Attachment A, and the mitigation measures identified in Attachment B. 3. Approve Architectural Review Case 91-470 by minute motion with the findings listed at the end of the Staff Report. Ms. Liberto-Blanck said that Anna Powell of Crawford, Multari and Starr, which prepared the Addendum Environmental Impact Report and helped process the application, was present to answer any questions. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Pro Tem Moots declared the hearing open and said all persons would be heard regarding the matter. speaking as representatives of the presbyterian Church were CURTIS ILLINGSWORTH and ALAN OLSEN. CHARLES ALLEN of 639 via Vaquero, who will be a neighbor of the church, said he was present to learn about the elevation of the proposed buildings. Mr. Illingsworth said the tallest building would be 35 feet. He said most of the church buildings are smaller than most of the houses on the hill. When no one further carne forward to speak, Mayor Pro Tem Moots closed the hearing to the floor. There were Council questions with regard to ingress and egress, traffic, parking, church service hours and time between construction phases. It was moved by Smith/Gallagher (3-0-2, smith, Gallagher and Moots voting aye, Millis and Dougall absent) to approve Resolution No. 2943 certifying That the Addendum to the Halcyon Hills EIR Concerning the Arroyo Grande presbyterian Church Has Been prepared in Compliance with the California Environmental Quality Act and Instructing the city Clerk to File a Notice of Determination. Mr. Christiansen read the title of the proposed ordinance Amending Ordinance No. 355 C.S. "Royal Oaks Estates" by Allowing a Church on Lot 184, and Approving and Adopting specific Development Plan 91-05. It was moved by Smith/Gallagher, and the motion passed with Smith, Gallagher and Moots voting aye, Millis and Dougall absent, to dispense with further reading of the ordinance. Mayor Pro Tern Moots said that constituted the first reading of the '""" ordinance. It was moved by smith/Gallagher, and the motion passed with smith, Gallagher and Moots voting aye, and Millis and Dougall absent, to approve Architectural Review Case 91-470 with findings contained at the end of the Planning Director's July 14, 1992: Staff Report. Mayor Millis and Council Member Dougall returned to the dais. B.A. APPOINTMENT OF MARY ANN ALVES-WRIGHT TO THE TEEN ADVISORY COMMITTEE: TERM EXPIRES MAY 24. 1994 {REPLACING DANIEL JONES WHO CHOSE NOT TO BE REAPPOINTED} Mayor Millis nominated Mary Ann Alves-Wright to the Teen Advisory committee, and the council approved. 3 " ------- , ~ 21 CITY COUNCIL MINUTES JULY 14, 1992 a.B. LETTER FROM DUARTE REGARDING DISCUSSION AT THE UPCOMING MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM IN MONTEREY FOR A CONSTITUTIONAL AMENDMENT THAT WOULD ENSURE FISCAL STABILITY OF CALIFORNIA CITIES Council Members generally supported the type of effort that would ensure the fiscal stability of cities in the State, and there was consensus that the events at Monterey be closely monitored. Mayor Millis directed Staff to try to obtain the agenda packets prepared for the meeting in Monterey. 8.C. FIRE DEPARTMENT MASTER PLAN: AMOUNT NOT TO EXCEED S7.500.00 Mayor Millis and Council Member Dougall said they may have conflicts of interest in this matter and left the room. Mayor Pro Tem Moots presided. ~ Mr. Christiansen referred to the June 22, 1992, Staff Report of the Fire Chief, who recommended that the City contract with Hunt Research Corporation for the development of a Fire and Life safety Services Master Plan, in an amount not to exceed $7,500. It was moved by Smith/Gallagher, and the motion passed with Smith, Gallagher and Moots voting aye, and Millis and Dougall absent, to approve the Fire Chief's recommendation. Mayor Millis and Council Member Dougall returned to the dais. a.D. CITY-OWNED PROPERTY. 200 BLOCK OF NELSON STREET Mr. Christiansen referred to the Staff Report of Mr. Keisler, who wrote ,that the Parks and Recreation Commission unanimously recommended that an irrigation system and turf be installed to improve the appearance of the area and eliminate the dust and debris created by contractors' equipment. Mr. Christiansen said that no park dedication funds will be used. Mayor Millis and council Member smith said this site was purchased as a city Hall site, and allowing trucks, etc. to park there had created an eyesore for the neighborhood. Mayor Millis said the property was purchased under threat of condemnation with the proposed use being for a city Hall. He said he preferred to use General Fund monies for the project. The City Attorney agreed that park dedication fees could not be used. Council Members decided not to approve the use of a small area near the Swinging Bridge as a city equipment staging area. Mr. Xeisler said the project would be completed within two months. a.E. REOUEST TO DO A SMALL AMOUNT OF GRADING AND CONSTRUCT A SIX- FOOT HIGH WOODEN FENCE. ROYAL OAKS SUBDIVISION: 401 CHAPARRAL LANE: HARVEY GILL Mr. Christiansen said there would be a minor amount of grading on this project. "- It was moved by Smith/Gallagher to approve Mr. Gill's request. council Member Dougall said the area between the new fence and the existing fence should be planted and not become an eyesore. Mr. Gill said he would be putting in a ground cover and some plant that would climb the fence. The motion was unanimously approved. 4 -.-- 22 . -, CITY COUNCIL MINUTES JULY 14, 1992 a.F. SETTING PUBLIC HEARING FOR NUISANCE ABATEMENT: 515 NELSON ,- STREET: COZZA Mr. Christiansen said approval of the resolution would set the public hearing for August 11, 1992, to ascertain whether a public nuisance exists. DENISE COZZA, owner of the property at 515 Nelson Street, said she was requesting more time before the public nuisance abatement hearing. She said the deck was built before she and her husband became owners of the property, and asked if abatement is planned for all the other decks built over the creek. She said she and her husband need an official response from the city based on legal grounds and stating who is responsible for the old deck on the city's property. The city Attorney recommended proceeding with the setting of the Public Hearing. She said city Staff is looking into the matter to find out where the property line is, when the deck was built, and whose responsibility it is. She said by August 11, 1992, Staff will have the answer as to who is liable. She said if it is found that nuisance abatement proceedings are not appropriate, the hearing could be cancelled. 9. WRITTEN COMMUNICATIONS None. 10. ORAL COMMUNICATIONS BILLIE SWIGERT of 127 Nelson Street thanked the Council for the action taken to improve the 200 block of Nelson Street. She commended the city for the flower plantings in the street dividers. She said the southern end of the swinging Bridge needed more city maintenance. 11. CLOSED SESSION It was moved by Dougall/Moots, and the motion passed unanimously to adjourn at 8:25 P.M. to a Closed Session on personnel (negotiations) pursuant to Government Code Section 54957.6(a). The Council reconvened at 8:35 P.M. and announced results of negotiations with the Police Association, which included a two percent cost of living adjustment retroactive to 7/1/91: shift differential of 20 to 50 cents, and a retroactive increase in uniform allowance (including Police Reserves). It was moved by Dougall/Moots, and the motion passed to add an urgency agenda item concerning the negotiated settlement with the Police Association. The reason given for ,adding the item to the agenda was that police employees had an economic hardship. voting aye were Dougall, Moots, Gallagher, Smith and Millis. " It was moved by Gallagher/Smith, and the motion passed unanimously to approve the settlement with the police Association. In addition, the Council directed the city Manager to provide the retroactive increase of $100.00 annually to the members of the police'Reserves for uniform allowance. The council adjourned again to Closed Session at 8:40 P.M. tb discuss potential litigation pursuant to Government Code section 54956.9(b)(1). 5 ..--- _.,..,~ --., 23 - CITY COUNCIL MINUTES JULY 14, 1992 12. ADJOURNMENT The Council reconvened at 9:10 P.M. . It was moved by Smith/Dougall, and the motion passed unanimously to adjourn to Thursday, July 16, 1992, at 7:00 P.M. at the Arroyo Grande community Center, 211 Vernon Avenue, for a meeting regarding mobile home rent stabilization. ~~ ATTEST: ~ (l. ~,,;...~ NANCY A. AVIS, CITY CLERK '- - ., - -. '-