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HomeMy WebLinkAboutMinutes 1991-02-12310 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, FEBRUARY.12, 1991 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 Mark M. Millis present. t AND 2 Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Ehrhardt Lang of First United Methodist Church delivered the invocation. Z ROLL CALL• Present were Mayor Millis and Council Members Dougall, Moots, Olsen and Smith. Staff members present were City Manager Chris Christiansen, City Attorney Judy Skousen, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck, Public Works Director Paul Karp, Chief of Police Rick TerBorch and Finance Director Dave Bacon. ON TO BELINDA VIDAT- FORMER DOWNTOWN P Belinda Vidal was unable• attend. Staff was directed present the plaque to her. 6 CONSENT AGENDA After questions of Staff, it was moved by Smith/Dougall, and the motion passed to approved Consent Agenda Items 6.A. through 6.K., with the recommended courses of action. 6.A. February 6, 1991, Senior Advisory Commission Minutes. Information. 6.B. January, 1991, Investment Report. Information. 6.C. Annual General City Audit. Information. 6.D. Liability Claim. Pedro Araya. Claim Rejected. 6.E. Purchase of Laser Printer; Planning Department; Budgeted Item. Approved. 6.F. Authorization for Mayor to Sign Contract with California Coastal Conservancy for City to Prepare a Coordinated Agricultural Protection Program. Authorized. 6.G. Allocation of Funds for Planning Commission to Attend League of California Cities Planning Commission Institute. Approved. 6.H. Purchase of Vactor Fan and Pump Kit; Public Works Department; Budgeted Item. Approved. 6.I. Purchase of Asphalt Paving Box; Public Works Department; Budgeted Item. Approved. 6.J. Request for Permission to Solicit Bids for Construction of Sewer Main; Nelson, Project No. 70-91-1. Approved. 6.K. Award of Bid, Construction of Well No. 9, Pumping Equipment, Chlorination Equipment, and Electrical Equipment; Project No. 60- 94. Approved. 7, REGISTER OF CHECKS It was moved by Dougall/Smith, and the motion passed, to 1 0 L1I `1 approve cash disbursements in the amount of $1,008,598.77, as contained in the February 6, 1991 Staff Report of Finance Director David Bacon. PROGRAI! LYON'S RESTAURANT 850 OAK PARK BOULEVARD, The Planning Director referred to her Staff Report of February 12, 1991, and said the Planning Commission had recommended that the Council approve the Variance and Planned Sign Program. 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. ROBERT D. SMITH of Creative Signs said he was present at the meeting to answer any questions. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to approve Resolution No. 2444 Recommending Granting a Variance, Case No. 90-154, Applied for by Lyon's Restaurants, Inc. Located at 850 Oak Park Boulevard, exceeding the number of signs allowed for a single use. It was moved by Smith/Dougall (5=0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to approve Resolution No. 2445 Approving a Planned Sign Program, Case No. 90-100, Applied For by Lyon's Restaurants, Inc., at 850 Oak Park Boulevard. 8 B PUBLIC HEARING - AMENDMENT OF MUNICIPAL CODE SECTIONS 6-7.01 AND 6 7 22 RELATING TO INCREASING WATER AND LOPEZ RATES• CITYWIDE Mr. Christiansen referred to the Finance Director's January 24, 1991 Staff Report. He said it is recommended that the Council increase water rates in three (3) tiers, one in May of 1991, another in September of 1991, and the third in January of 1992. He said it also is recommended that the Council increase Lopez user rates and the Lopez availability charge hookup fee by $50.00. He said the recommended rate increases for the average homeowner would increase the rate $1.65 in May, 1991, with additional increases of $1.70 in September, 1991, and $2.30 in January, 1992. Mr. Christiansen also recommended that purchased construction water be increased to $7.30 per 100 cubic feet of water acquired for building purposes. He said the Public Works Department is installing a hydrant at the Soto Sports Complex in order to sell non -potable water that the City uses to irrigate the Soto Sports Complex. He said the City presently has a surplus, but if that surplus water is not available, construction water will not be sold. He said the $7.30 increase per 100 cubic feet represents the City's capital costs for installing a hydrant and manpower to fill the water trucks along with Lopez charges. There were questions of Staff, and, 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. Speaking against the water rate increases were SAM POLINO of 145 Alder Street, JAMES O'KEEFE of 1351 Grand Avenue, and MARIE CATTOIR of 195 Orchid Lane. They said the City should not penalize the people who are conserving water; the City is allowing too many new homes to be built; the City should reduce the number of employees in the Water Department; the percentage of increases is too high; the water quality is not good, any increases should be used to improve the quality, and Lopez fees are too high. 071 JIM MCGILLIS of 133 Bridge Street said the City's treatment of the water with an ozone chlorination system will make the water taste better, and some people will save money. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. Mayor Millis directed Staff to look into the City's "water shut-off" procedures, and said there should be a more humane way of handling the matter. He also said the City has nothing to do with recreational fees at Lopez Lake, and that Arroyo Grande residents are paying only for water storage and treatment lines. The Council's questions and comments included, the necessity for the water fund to, pay for itself, the number of employees working in the Water Department, the priority list of water projects to be undertaken by the City and the reasons why the increases are necessary. Mayor Millis asked the Council to consider a City newsletter so that issues like the water rate increase could be explained to the public. He said the City needs to communicate better with the public. Mr. Christiansen read the title to the Ordinance Amending the Arroyo Grande Municipal Code Relating to Arroyo Grande City Water Rates by Amending Chapter 7 of Title 6, Section 6-7.01 (a), (b), (c), and (d) and Relating to Lopez Rates by Amending Chapter 7 of Title 6, Section 6-7.01 (g) and Section 6-7.22 (a) (iii). It was moved by Smith/Moots, 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 CpMINn MERCADO Mr. Christiansen referred to the January 31, 1991 Staff Report of Mr. Karp. He said the State is planning to open bids for construction of the Oak Park Interchange in September, 1991. Mr. Christiansen said the Mayor will be meeting with Caltrans on February 14, 1991. No Report. 9.C.UPDATE ON COUNTY PROJECTS AFFECTING THE CITY AND 9 D. REQUEST COUNCIL AUTHORIZATION To WRITE ' LETTER TO mi1F. RTATF. WATER OUAi ITY CONTROL BOARD REGARDING CUMULATIVE GROUNDWATER CONCERNS City Attorney said she would like to combine Agenda Items 9.C. and 9.D. into one report the Council. She said the Staff met with County Supervisor Ruth Brackett concerning projects on the fringe of the City, which have been appealed by the City. She said all issues have been resolved except the concerns about the drilling for water and septic tanks contaminating the ground water. She asked the Council to authorize the writing of a letter to the State Water Quality Control Board with regard to the cumulative effects of ground water contamination by septic tanks. It was moved by Olsen/Smith, and the motion passed, to approve the City Attorney's recommendation. Council Member Olsen said that the Council's next agenda should include a report of the Ground Water Study. PROPERTY TRANSFER - FIVE ACRES Mayor Millis and Council Member Dougall started leaving the dias saying they were leaving the room because of possible conflicts of interests. City Attorney Skousen said the Mayor and Council Member Dougall did not need to leave the room; that this was information 3 only; that there would be no discussion, and that no action needed to take place. She said the Mayor and Council Member Dougall would not be participating in a decision because she was not asking for decisions. Mayor Millis said they had left the room at other meetings where this matter was discussed. Ms. Skousen said those meetings were for reports for further action and the Council needed to take no further action at this meeting. She said she just wanted the Council to see the deed (to the five acres granted by Royal Oaks Estates). 10 A APPOINTMENT OF ANNE WAITERS TO THE DOWNTOWN PARKING ADVISORY BOARD TERM EXPIRES JUNE 30 1991 Mayor Millis nominated Anne W. Waiters to the Downtown Parking Advisory Board, and the Council unanimously approved. 10 B MODIFICATIONS TO EXISTING SPEED LIMITS ON VARIOUS STREETS WITHIN THE CITY OF ARROYO GRANDE Mr. Christiansen referred to the February 6, 1991 Staff Report of Mr. Karp, who wrote that it was the recommendation of the Parking and Traffic Commission that City Council review the recommendations of the Police Chief and the minutes of the Commission's last regular meeting in an effort to correct existing problems in the speed limits deemed appropriate by both the Commission and the Police Department. Mr. Christiansen said the Parking and Traffic Commission put a great deal of work into this and is not particularly happy with increasing the speed limits in various parts of the City. He said they felt they had no choice. He said State law requires the City to conduct a speed survey to get the average speed being traveled on a street. He said if the Council does not increase the speed limits to the survey speed, the police will not be able to give tickets to cars going faster than the posted speed but less than the survey speed. Chief TerBorch stressed that the Public Works Department surveyed 11 streets in the City, and only 6 showed the need to raise the speed limit. Council members' discussion included, holding a public hearing on increasing speeds on certain streets, speed in residential areas of the City, the belief that the public wants traffic to be slow, what constitutes "school hours" speed, and the use of radar to catch speeders. Ms. Skousen said there is a whole body of State law that supersedes the Council discretion on speed limits, and the police may not be able to give speeding tickets if the limits are not raised on certain streets. She said the Court may throw out all tickets. MRS. CATTOIR said the Council should take into consideration that the world is currently concerned about fuel use. After further discussion, it was moved by Dougall/Olsen, and the motion passed, to continue this agenda item to a future agenda and in the interim period Staff shall provide the Council with the detailed report of Police Chief TerBorch. 11 NELSON ICERTIFILL) r'xCtyn'r Lnic� nr�ve•s Mr. Karp Karp referred to his February 6, 1991 Staff Report and said that it was the recommendation of the Planning Commission that the City Council adopt an interpretation of Public Works Condition No. 7, of Resolution No. 2292, which would permit the City staff to approve improvements plans for the referenced parcel map on the two street frontages in conformance with previous City Council policy 4 for both streets. Council Members discussed with Staff and JIM MC GILLIS of San Luis Engineering the use of asphalt berm versus concrete curbs and gutters. It was moved by Olsen/Smith, and the motion passed, to approve the recommendation to authorize the Staff to,permit construction of concrete curb and gutter only on Larchmont frontage including driveway apron at the alignment shown on the sketch attached to the February 6, 1991 Staff Report of Mr. Karp. *In answer to Council Member Smith, Mr. Karp said the West Branch Street improvements would be installed in accordance with the recommendation on the February 6, 1991 Staff Report. 10 D RECALCULATION OF RECENT YEAR EXPENDITURE APPROPRIATION LIMITS It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Moots, Olsen and Millis voting aye) to approve Resolution No. 2446 Amending the City's Annual Expenditure Appropriation Limits from Tax Proceeds for Each Fiscal Year Succeeding the 1990 Proposition 111 Base Year of 1986-87. 10 F FINANCE RECORD RETENTION SCHEDULE It was moved by Dougall/Moots (5-0-0, Dougall, Moots, Olsen, Smith and Millis voting aye) to approve Resolution No. 2447 Adopting a Record Retention Schedule and Authorizing the Destruction of Certain Unnecessary Records Pertaining to Financial Operations. 10.F,_(A)RESOLUTION ESTABLISHING A "NO PARKING BETWEEN 7.30 A.M. TO 3.30 P.M. MONDAY THROUGH FRIDAY" ZONE ON A PORTION OF CROWN HILL (528-562 CROWN HILL• It was moved by Moots/Dougall (4-0-1, Moots, Dougall, Olsen and Millis voting aye, Smith absent) to approve Resolution No. 2448 Establishing a "No Parking Between 7:30 A.M. to 3:30 P.M., Monday through Friday" Zone on a Portion of Crown Hill (528 to 562 Crown Hill (Municipal Code Sec. 2-7.04). 10 F (B) RESOLUTION ESTABLISHING A "NO PARKING" ZONE ON A PORTION OF CROWN HILL (520-524 CROWN HILL) It was moved by Dougall/Olsen(4-0-1, Dougall, Olsen, Moots and Millis voting aye, Smith absent) to approve Resolution No. 2449 Establishing a "No Parking" Zone on a Portion of Crown Hill (520- 524 Crown Hill) (Municipal Code Sec. 2-7.04). It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots and Millis voting aye) to approve Resolution No. 2450 Establishing a "No Parking" Zone on a Portion of Crown Terrace (437 Le Point Street at Crown Terrace) (Municipal Code Sec. 2-7.04). 213 ly " Di \ •VI4 •,6i 13 CLOSED SESSION The Council adjourned to a Closed Session at 9:15 P.M., and Ms. Skousen said the topic for discussion would be Litigation: Kingo Kawaoka and Tatsumi Kawaoka vs. City of Arroyo Grande; United States District Court, Central District of California; Case No. 90- 4465 KN (Ex). 14 ADJOURNMENT The Council reconvened at 9:40 P.M., 5 and on motion of J Moots/Dougall immediately adjourned. M. MIL S, MAYO ATTEST: NANCY A. IAVIS, CITY CLERK `..