Minutes 1990-06-12
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 12, 1990
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO G~DE, CALIFORNIA
The City council met at 7:30 P.M., with Mayor Mark M. Millis
presiding.
F~';; SALUTE AND tI'NOCATION
Mayor Millis led the p~edge of Allegiance to our Flag, and the J
Rev. Ehrhardt Lang of United' Methodist 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, Ci ty Clerk Nancy Davis and Planning Director Doreen
Liberto-Blanck.
MAYOR MILLIS SAIQ A PLAOUE OF APPRECIATION WOULD BE GIVEN TO fORMER
PLANNING COMMISSIONER SHARON FISCHER
ORAL COMMUNICATIONS
None.
CONSENT AGENDA
It was moved by smith/Dougall, and the motion passed, to
approve Consent Agenda Items 6.A. through 6.J., with the
recommended courses of action.
6.A. May 14, 1990, "Revised" City Council Minutes (Supersedes
previous minutes of May 14, 1990). Approved.
6.B. May 22, 1990, City Counci~ Minutes. Approved.
6.C. ~une 4, 1990, City Council Minutes. Approved.
6.D. June 6, 1990, Senior Advisory Commission Minutes.
Information.
6.E. May, 1990, Investment Report. Information.
6.F. Award of Bid, Night Lighting Four (4) Tennis Courts at Soto
Sports Complex. Awarded to low bidder.
6.G. Award of Contract, Landscape Maintenance. Awarded to low
bidder.
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6.H. Award of Contract, Rancho Grande EIR. City to enter into 1
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agreement. J
6.I. Council Members Attendance at Land Use Law Update Workshop,
June 15, 1990. Council Members were unable to attend.
6.J. Approval of Private Water We~l on Coach Road: Parcel No. 07-
741-022. Approved.
7. REGISTER OF CHECKS
After Council questions, it was moved by Smith/Douga~l, and
the motion passed, to approve the cash disbursements in the total
amount of $804,587.20, as contained in the June 6, 1990 Staff
Report of Finance Director David Bacon.
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CITY COUNCIL MINUTES
JUNE 12, 1990
8.A. PUBLIC HEARING - SELE~TIQN OF ORG~IZATIONS THAT WILL BE
ELIG*BLE TO RECEIVE fUNDING IN THE CITY'S 1990-91 BVQGET
Mr. Christiansen said the budget of the State of. California
is in a deficit position, and ,subvention monies to the cities may
be reduced.
Mayor Millis said this h~aring was being held to hear
organization funding requests. He said the, City had received
letters of some organizations. After being assured that the Public
Hearing had been duly published and all legal requirements met,
J Mayor Millis declared the hearing open and said all persons would
l be heard regarding the matter.
, ,Making requests for funds to the council were MARGUERITA
, JOHNSON and JAN DOSIER, on behalf Qf the Women's Shelter Program
of San Luis Obispo; SONYA BROWN, Ad Care Association: RUTH SIMERLY,
Long-term Care Ombudsman Services; JEANNIE NIX, American Red Cross;
KAREN KILE, Hospice of San Luis Obispo county; VIRGINIA HOWELLS,
El Camino Art Association: RITA BRANDFIELD, Five Cities Meals on
Wheels: LINDA ASPRION, Economic Opportunities Commission; LUCINDA
GRIFFITH, Family Services Center: SHARON WINSLOW, Hotline; JOHN
W;ILSON, South County Human Relations council; PAT MARTIN, San Luis
Obispo Mozart Festival: JONNIE EYLER, San Luis Obispo County
visitors and Conference Bureau: JOE MARTIN, Veterans Advisory
council; PHYLLIS FRANK, San Luis Obispo Vocal Arts Ensemble; ALAN
PETERSON, Food Bank Coalition of San Luis Obispo County; RON
REGIER, Cal poly Arts, and DON PATRICK, Gold Coast Chorus.
Mayor Millis asked if anyone else would like to speak, and
when no one came forward came forward, closed the public hearing
to the floor.
After Council discussion, it was moved by Dougall/Olsen, and
the motion passed, to allocate $7,400 to the following
organizations:
EOC - Senior Health screening $1,000
Family Services Center 1,000
Meals on Wheels 1,000
Harvest Bag, Inc. 1,000
Hospice 800
Hotline 500
Long-term Care Ombudsman 300
Women's Shelter 1,000
Food Bank Coalition 500
Ad Care 300
$7,400
8.B. PUBLIC HEARING - R~P~L 9F THf; CENT~ BU:;INESS DISTRICT.
PUBLIC SERVICES AND F~CILITIES. PQBLIC BUILDINGS. AND SGENIC ROUTES
OPTIONAL ELEM~NTS OF THE CITY'S GENERAL PLAN
Ms. Liberto-Blanck referred to her June 12, 1990 Staff Report
'~, and said it is Staff's recommendation that the Resolution adopting
the Negative Declaration and repealing the optional elements be
approved by the city Council.
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 flo~r.
It was'moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen,
Moots and Millis voting aye) to approve Resolution No. '2399
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CITY COUNCIL MINUTES
JUNE 12, 1990
Adopting a Negative Declaration, Repealing the Central Business
District (1975), Public Services and Facilities (1976), Public
Buildings (1976), and Scenic Routes (1979) Elements of' the City's
General Plan, and Instructing the City Clerk to File a Notice of
Determination.
9.A. HOOK RAMPS AT CAMINO MERCADO
Mr. Christiansen said he had been in contact with Assemblyman
Eric Seastrand's Office concerning holding a ceremony denoting the
starting of construction of the improved intersection at Oak Park
Boulevard and Highway 101. Mayor Millis said the city should keep
up the pressure on the State to start construction. J'
9.B. INTERSECTION IMPRpVEM~NT~ AT WEST BRANCH STREET/G~D
AVENUE/TRAfFIC WAY AND WESLEY STREET
No Report.
9.C. POLICE fACILITY EXPANSIQN
Mr. Christiansen said the open house for the new Police
building will be June 26, 1990.
9.D. SOLID WASTE TA~K FpRCE
Council Member Dougall, who was a volunteer on the County
Hazardous Waste Sweep Day, reported that the event was highly
successful. He said 1,100 County households were served, and there
were 38 vehicles from Arroyo Grande. He said 1.5 percent of the
residents of San Luis Obispo County brought hazardous waste for
proper disposal. He described the method of disposing of the
materials, and said that more pesticides were brought for disposal
than any other material. He said there will be another event in
the in the future.
9.E. PROPERTY TRANSFER - FIV~ ACRES
Mayor Millis, Council Member Dougall and Mr. Christiansen said
they may have conflicts of interests and left the room.
Council Member Olsen ~equested the City Attorney to describe
recent events concerning the property transfer so that the public
would be apprised.
Ms. Skousen said the city had received a letter from Steve
Cool, attorney for the Royal Oaks developers, who made a settlement
offer. The offer said San Luis Obispo County would go ahead with
the property exchange if the City would place a tree easement on
the five acres the City was to receive, and plant 80 trees. She
said the City Council had discussed the matter in Closed Session.
She said the tree easement on the County's land was required by the
City of the developer prior to the time the developer entered into
the agreement to exchange land with the County and City. She said
the tree easement on the County's land does not detract from the '
value of the seven acres because the trees are growing on a steep J
natural drainage slope. She said it would be financially
prohibitive for the County to move the drainage channel. She said
the City would like to go ahead with the land exchange, but not on
these terms. She said a better offer shoul<i be made, or the City's
complaint should be answered. She said the City wants its five
acres.
MAYOR MILLIS. COUNCIL MEMBER DOUGAI,I, AND MR. CHRI~TIANSEN RETURNED
TO THE DAIS
10.A. FORMULATION OF A WATER CONSERVATION PROGRAM. AS ~EOUIRED
UNDER CONDITION NO.9 OF THE CQNDITIONS OF APPROVAL FOR TRACT 1769:
FARROLL AVENUE: HERB PHILLIPS
Mr. Christiansen referred to the June 8, 1990 Staff Report of
Public Works Director Paul Karp, and recommended that the Council
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CITY COUNCIL MINUTES
JUNE 12, 1990
request that the developers prepare a water conservation plan which
would be measurable.
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JIM MCGILLIS, project coordinator, spoke in favor of the water
conservation program peing put forth py the developer.
After discussion of the number of acre feet which should be
saved, the Council directed the developers to design a measurable
water conservation program to save 25 acre feet of water.
l 1:1. .A. APPOI~TME~TS/~t:"J'POW~ENT~ TO VARIOUS C9~ISSIONS AND BOARPS
Mayor Millis appointed and the Council approved the following:
Pl~nnin9 Com~is~to~ Term Expires June 30, 1993.
Robert Carr-(Reappointed for 3 Years)
John soto-(Reappointed for 3 Years) Term Expires June 30, 1993.
Parks ~nd Recreation Commis~iqn
Gee Gee soto-'(Reappointed for 3 Years) Term Expires June 30, 1993.
Alex T. Woolworth-(Reappoint. 3, Years) Term Expires June 30, 1993.
Doug Hitchen-(Appointed for 3 Years Replacing Ernie Ped)
Term Expires June 30, 1993.
parkina and Traffic commission'
Richard Franks-(Reappointed for 3 Years)Term Expires June 30, 1993.
Derril Pilkington-(Reappointed for 3 Years) Term Exp.June 30, 1993,
John Keen-(Reappointed for 3 Years) Term Expires June 30, 1993.
senior Advisory Co~ission
Robert Gruber-(Reappointed fOr 3 Years) Term Expires June 30, 1993.
Phil Romero-(Reappolnted for 3 Years) Term Expires June 30, 1993.
Downtown Parkirg Ad~isorv Board
Jim Silva-(Reappointed for 3 Years) Term Expires June 30, 1993.
J. Ira Hughes-(Reappointed for 3 Years) Term Expires June 30, 1993.
H.B. RE~OLUTION ACCEPTING A GRAJfT OF REAL PROrERTY LOCATE!;) IN THE
CITY OF ARROYO GRANDE (35-ACI!~ GREENBELT} AND APPROPRIATING
NECESSARY FUNDS FOR ESC~OW FEES.
It was moved by Smith/Moots to approve Resolution No. 2400
Accepting a Grant of Real Property Located in the City of Arroyo
Grande, California and Appropriating Necessary Funds for Escrow
Fees.
Ms. Skousen said there are numerous easements on the property,
but they will not affect the value of the property since they are
almost all drainage easements. She read the list of easements to
the Council.
Mr. Christiansen said the items which will be an expense to
the City will be the maintenance of the pond, and maintenance of
~ the drainage channel between Leisure Gardens and the K-Mart Center.
On a roll call vote Council Members Smith, Moots, Olsen,
Dougall and Mayor Millis voted aye (5-0-0). Mayor Millis directed
staff to write a letter of thanks to Reuben Kvidt.
11 . C. ~ESOLUTION CALLING AND GIVING NOTICE OF THE GF,:~ERAto MUNICIPAL
EL~CTION: FOR THE ELECTION 9F CERTAIN OFFICERS: FOR SU~MISSION OF
A OUESTION R~LATING TO PROHIBITING PARTICIPAT10N IN THE CALIFORNIA
STATE WATER PROJECT: AND REOUESTING TijE BOARD OF SUPERVISORS TO
CONSOLIDAT~ SAID ELECTION
On motion of Smith/Dougall (5-0-0, Smith, Dougall, Moots,
Olsen and Millis voting aye) to approve Resolution No. 2401 Calling
and Giving Notice of the HOlding of a General Municipal Election
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CITY COUNCIL MINUTES
JUNE 12, 1990
to be Held in the city of Arroyo Grande on Tuesday, November 6,
1990, for the Election of Certain Officers, for the Submission to
the Voters of a Question Relating to prohibiting Participation in
the California State Water Project by the City of Arroyo Grande
Without an Affirmative Vote of the Voters and Requesting the Board
of Supervisors of San Luis Obispo County to Consolidate Said
Election with the Statewide General Election to be Held in Said
City on Tuesday, November 6, 1990: and Other Elections Matters as
Required by Law.
11.D. RE$OLUTION ADOPTING T~~ 1990-91 MPNICIPAL BUDGET
On motion of SmithjMoots (5-0-0, smith, Moots, Olsen, Dougall J
and Millis voting aye) to approve Resolution No. 2402 Adopting the
1990-1991 Proposed Budget, as Amended by the city Council.
11 . E. RJi;VI~roN OF RESOLUTION '1;9 EST~BLISij A PR9CEDUR1;: FOR THE
DESTRUCTION OF POLICE RECORDS
On motion of Dougall/Smith (5-0-0, Dougall , Smith, Moots,
Olsen and Millis voting aye) to approve Resolution No. 2403
Authorizing a Procedure for Destruction of Police Records
(Supersedes Resolution No. 2343)
11.F. ADOPTIOW OF A PUBLIC WORKS MUTUAL AID ~GRE~ENT
Mr. Christiansen referred to the June 6, 1990 Staff Report of
the Public Works Director, who recommended that the Mayor and City
Clerk execute the agreement to become a participating agency in
the Public Works Mutual Aid, Agreement prepared and supported by
State Office of Emergency , Services, the American Public Works
Association, the League of California Cities, and the County
Supervisors Association of California.
It was moved by Smith/Dougall, and the motion passed, to
approve the recommendation.
11.G. BUS BENCHES. AS REOUE~TED BY THE ARRpyO qRANDE C~BER OF
COMMERCE
This item was removed from the Agenda.
11.H. PROPOSED PARKING LOT ALTERNATIVES. CITY COUNCIL C~AMBERS/LE
POINT STREET
Robert Vessely, who was hired by the city to design the
parking lot, reviewed four schemes for the lot. He said the
Downtown Parking and Business Improvement Area Advisory Board had
approved scheme No.4, which has an estimated construction cost of
$69,795.
There was Council/Staff discussion of vehicular access, and
foot access to yards and buildings bordering the lot. There was
discussion of the cost of construction of the lot.
It was moved by Olsen/Smith to table discussion of I
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construction of the parking lot indefinitely due to inadequate City J
funds for the project. There was discussion of the City's need to
pay Mr. Vessely for his design work, which he said amounted to
approximately $12,000. Ms. Skousen said the City generally has
some kind of an escape clause in the contract.
Mayor Millis called for a vote on the motion, and all Council
Members voted aye.
11.I. AGREEMENT BETWEEN CITY OF ARROYO GRANDE ~D MARK GODFREY
Ms. Liberto-Blanck refer~ed,to her Staff Report of June 12,
1990, and gave a history of the project. She said the owner of the
house at 221 East Branch Street had been working with the City to
provide access to his parking area behind the house. After
extensive discussion with Jim Murphy, an attorney who will be CITY
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COUNCIL MINUTES
JUNE 12, 1990
occupying the building, and Dan Lloyd of Engineering Development
Associates, the Council said it wished Mr. Murphy to take occupancy
as soon as possible. On advice of the city Attorney, the following
requirements for an agreement were set down by the ~ouncil:
1. The occupant would be allowed to use the driveway access on
Branch Street to the rear of the property, but would return to the
Planning Commission in six months to determine whether any health
and safety conditions have been created due to said use of access
from Branch street. If there are health and safety problems which
l cannot be mitigated, the Planning Commission may recommend that
alternate access be provided.
2. Prior to the issuance of a business license to do business, the
applicant shall post a bond in the amount equal to full cost of the
completion of the parking lot, plus 25 percent, and the lot shall
be paved and striped, in . accordance with City parking lot
standards.
3. The parking lot shall be completed within 30 days after receipt
of all permits, but not later than 6 months from the date of the
agreement.
Mayor Millis said he w~nted it clearly understood that there
is no connection between the property at 221 East Branch street and
the parking lot on Le Point Street behind the City Council
Chambers.
It was moved by Smith/Dougall, and the motion passed, to
require that Mr. Godfrey sign the agreement, including the
aforementioned requirements, post the bond and pave the lot within
30 days.
WRITTEN COMMUNICATtONS
None.
ORAL COMMUNICATIO~S
None.
CLOSED SESSION
The Council adjourned at 10:15 P.M. to a Closed Session
concerning Mack vs. City of Arroyo Grande, and Dowling, Gordon vs.
City of Arroyo Grande.
ADJOURNMf:NT
The Council reconvened at 10:30 P.M. and immediately adjourned
the meeting.
~'"1A, ~;}h
MARK . MILLI , MAto
'-., .
ATTEST: .
CLERK
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