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Minutes 1989-07-25 .- ~~ MINUTES MEETING OF THE CITY COUNCIL TUESDAY, JULY 25, 1989 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City council met at 7:30 P.M., with Mayor Mark M. Millis presiding. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. John Rose of Shepherd of the Sea Community 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. 4. ORAL COMMUNICATIONS KEITH GURNEE of RRM Design Group and GREG SOUTHCOTT of lOll Hodges Road asked to speak on Agenda Item 8.B. concerning Rancho Grande Phase II. Mayor Millis said there were three hours of public testimony taken at the last meeting on this project, and that unless the Council wanted to reopen the discussion, the Public Hearing is closed. BILL WALTHER of 773 Manuela pointed out to the council the lack of handicapped access at City Hall. He also asked what the city is doing to set up a solid waste recycling program. 5. CONSENT AGENDA It was moved by Dougall/Olsen and the motion passed to approve Consent Agenda Items 5.A. through 5.J. and 5.L. and 5.M., with the recommended courses of action. 5.A. June 27, 1989, city Council Minutes. Approved. 5.B.Ju1y 11, 1989, city Council Minutes. Approved. 5.C. July 18, 1989, City Council Minutes. Approved. 5.D. Update on Bridge Street Bridge at Arroyo Grande Creek. Information. 5.E. Rancho Grande Park Phase I - Request for Bid Proposals. Approved. 5.F. Purchase of Playground Equipment for Strother Park, Terra De Oro Park and Elm Street Park (1989/90 Budgeted Item). Approved. 5.G. Revised Architectural Review Case No. 87-388, 1450 W. Branch Street (Oak Park Home Design Center) Approved. 5.H. Annual Ratification of Area Council Joint Powers Agreement with Two Modifications. Approved. 5.1. Purchase of Photocopier (1989/90 Budget Item). Approved. 5.J. Progress Payment for Construction of Water Main and Sewer Main Improvements on Allen Street: project No. 60-70-89-1. Approved. 5.L. Acceptance of Bids for Painting of City Buildings. Accepted. 5.M. Request for Permission to Solicit Bids for Relocation of Water and Sewer Mains in Cornwall Avenue Easement and Rena street: Project No. 60-70-89-3 (A.G. Police Station Renovation (1989/90 Budgeted Item). Approved. 1 ----.---..- ..-- --..- - CITY COUNCIL JULY 25, 1989 Council Member Moots referred to Item 5.K. Appointment of Two Planning Commissioners to Organize Joint Planning Commission Meetings. He said he was glad to see that a joint meeting of planning commissioners was going to be held, because it is needed. It was moved by smith/Dougall and the motion passed to approve Item 5.K. 6.REGISTER OF WARRANTS It was moved by Olsen/Dougall and the motion passed to approve the Cash Disbursements as presented by Finance Director David Bacon in his July 20, 1.989, Staff Report. 7.A. HOOK RAMPS AT CAMINO MERCADO No Report. 7.B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY AND WESLEY STREET City Manager Chris Christiansen said the Parking and Traffic Commission will be making its recommendation to the Council in August, 1989. 7.C. PROPOSED POLICE FACILITY EXPANSION Tony Orefice of RHO Architects reported that the project would go out to bid August 3 or 4, 1989, and the bid would be awarded September 7 or 12, 1989. He said the project is on schedule. 7.D. ARROYO VALLEY CAR CLUB CUSTOM CAR SHOW. JULY 29. 1989 DERRIL PILKI~GTON of 933 Sandlewood reported on plans for the car show. He said all City requirements were being met. He said no cars would be parked on the Bridge street Bridge. He said there would be 250 cars in the show. 7.E. STATUS OF THE FIVE-ACRE PARCEL FROM THE COUNTY OF SAN LUIS OBISPO Mayor Millis said he was going to disqualify himself from participation in this item because, according to new state regulations, he may have a conflict of interest. He said he owns some stock in Mid-State Bank, which has a subsidiary corporation, Mid Coast Land, Inc. , which is a part of the Royal Oaks Partnership, which is involved in this land exchange. He said the previous City Attorney had advised him that because of the small amount of stock he owned, there was no conflict of interest and he could participate. He said because of the new regulations, the new City Attorney had advised him that he should abstain. He said he would follow the advice of the City Attorney in these matters. Mayor Pro Tern B'Ann smith took over the gavel to chair the meeting. Council Member Moots said he would be abstaining also because of a possible conflict of interest. He said he had previously worked for McHaney Realty, developers of Royal Oaks. Council Member Dougall said he would be abstaining also because his wife works for Mid-State Bank. City Manager Christiansen said he would be disqualifying himself also because of a possible conflict of interest. Mayor Millis, Council Members Moots and Dougall and Mr. Christiansen left the Council Chambers. City Attorney Judy Skousen said that because of a lack of a Council quorum and the need for at least three Council members to constitute a quorum to proceed with this action, the City Clerk 2 -~,._.- CITY COUNCIL JULY 25, 1989 would draw a name to decide which Council Member would return to vote. The City Clerk drew the name of Council Member Moots, who returned to the Chambers and took his seat on the dais. city Attorney Skousen gave background on the issue and said the owners of said property, which is located on West Branch Street adjacent to the Community Center, have sent a letter to the County indicating that they do not want to proceed with the land exchange. She said the City's recourse at this time is to discuss with the County its option of enforcing the land exchange and also for the ci ty to pursue any other avenues it has. She said the property owners have said that the City neither wants or needs the property. She said one of the conditions of the exchange was that the City use the land for municipal offices. Council Member Olsen said the City has given every indication that it intends to use the land for municipal offices, but has 10 years to decide what City offices to put there. She listed the following five points - waivers by the City made on the basis that the City would be receiving five acres: 1. The City accepted an on-site drainage pond within the Royal Oaks Subdivision including its maintenance. The original concept was that the pond and its maintenance would be on County property. (Council Member Olsen said Mr. Don McHaney, in his March 27, 1989 letter to the County stating that the developers did not wish to proceed with the land exchange, referred to returning to the "original agreement." She asked if that means that the County will then accept the pond and the maintenance thereof?) 2. A Homeowners Association was proposed for the maintenance of street trees, retaining walls along James Way and the maintenance of fencing in the patio home area. This requirement was waived, with the city maintaining street trees and the retaining walls, and the ownership of the fencing on an individual homeowner's responsibility, which will have an end product of no continuity. 3. With the adoption of the County parcel map, requirements were waived for right of way width along West Branch Street. A. C. berms were installed rather than concrete curbs and gutters, and sidewalks were deleted adjacent to the County parcels. Also relaxed were street lights, cable TV, telephone, sewer, and the possible relocation of the Lopez line. 4. On Oak Branch Road adjacent to the proposed five acre parcel to go to the City, no utilities, curbs, gutters or sidewalks were installed. Secondly, the street was not required to be full width in accordance with City standards. 5. It was proposed to put a third lane at Brisco Road (not widen the Brisco tunnel) including a sidewalk. This was waived. It was moved by Olsen/Smith that the City Council write a letter to the San Luis Obispo County Board of Supervisors requesting placement on a meeting agenda, and that the matter be placed before the entire Board for action. Council Member Olsen said the escrow is in the hands of the County, and it is up to the Board to complete the land exchange. On a roll call vote, Council Members Olsen, Smith and Moots voted aye. Mayor Pro Tem Smith called for a two minute recess in the proceedings. 3 ------ ~.." CITY COUNCIL JULY 25, 1989 8.A. SECOND READING OF ORDINANCE AMENDING MUNICIPAL CODE SECTION 6-7.01 AND 6-7.22. RELATING TO INCREASED WATER AND LOPEZ RATES IN THE CITY OF ARROYO GRANDE It was moved by smith/Dougall (5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to adopt Ordinance No. 412 C.S. 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) ( 4 ) . 8. B. RESOLUTION OF THE CITY COUNCIL DENYING RANCHO GRANDE PD ORDINANCE AMENDMENT NO. 88-212 AND TENTATIVE TRACT MAP NO. 1642. CONSISTING OF 83 LOTS ON 81 ACRES (OTTSE. INC.) Mayor Millis gave a recap of the Public Hearing at the last Council meeting, and said that the Council had directed Staff to come back with a resolution denying the Rancho Grande PD Ordinance Amendment and Development Plan No. 88-212, and Tentative Tract Map No. 1642 on 81 Acres (ottse, Inc.). It was moved by Olsen/Moots to approve the proposed resolution. Council Member Smith referred to a July 21, 1989, letter from Peter C. Miller, attorney for the developers. Council Member Smith said the Council needed to answer the letter's request for a continuance until August 22, 1989. She listed the points made in Mr. Miller's letter. She and Council Member Dougall said the Council should consent to the request. There was further discussion. Council Member Dougall asked for an update on the history of the project. Planning Director Doreen Liberto-Blanck used the overhead projector and reviewed the entire Rancho Grande project. Mayor Millis called for a roll call vote on the resolution, and voting aye were olsen, Moots and Millis. Voting no were smith and Dougall. Resolution No. 2330 Denying the Rancho Grande P.D. Ordinance Amendment and Development Plan No. 88-212, and Tentative Tract Map No. 1642 on 81 Acres (Ottse, Inc.), including eight findings, was passed and adopted. Mr. Gurnee said the Council might not be aware that the resolution did not include a statement about it being denied without prejudice. City Attorney Skousen said this was a denial without prejudice because the developers can come back in with an application on the same project. However, it does have the basis, findings and reasons why the Council has denied it without prejudice. Mayor Millis asked if the developers could come in next week with a project, and Mrs. Skousen said yes. 9.A. LETTER OF REOUEST TO BUILD A RETAINING WALL TALLER THAN THE 30-INCH STANDARD OF ROYAL OAKS. LOT 179. 210 RODEO DRIVE (MARTHA NOEL) Mr. Christiansen referred to his memorandum of July 20, 1989, and recommended that the Council approve the four foot (4') retaining wall for Lot 179, 210 Rodeo Drive, Royal Oaks Subdivision. It was moved by Smith/Dougall and the motion passed to approve Mr. Christiansen's recommendation. 9.B. CALIFORNIA STATE WATER PROJECT Mr. Christiansen referred to his memorandum of July 20, 1989, and said that if the Council wishes to place on the ballot the 4 ~ . . CITY COUNCIL JULY 25, 1989 issue of whether or not to accept the state water, the materials must be submitted to the County Clerk by June, 1990. After discussion of possible costs of the project and the necessi ty of getting as much information as possible it to the public, it was moved by Olsen/Dougall that the City Council state its intention to place on the November, 1990 election ballot the issue of whether or not the City should participate in the state Water project Coastal Aqueduct. On a roll call vote, Olsen, Dougall, Smith, Moots and Millis voted aye. 9.C. RESOLUTION AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE AMMUNITION FOR THE POLICE DEPARTMENT OF THE CITY OF ARROYO GRANDE It was moved by Dougall/Smith (5~0-0, Dougall, Smith, Moots, Olsen and Millis voting aye) to approve Resolution No. 2331 Authorizing the Department of General Services of the State of California to Purchase Ammunition for the Police Department of the City. 9.D. APPOINTMENT OF PLANNING DIRECTOR AND/OR MEMBER OF THE COUNCIL TO REPRESENT THE CITY AT THE COUNTY GROWTH MANAGEMENT ADVISORY COMMITTEE MEETINGS Mayor Millis appointed Council Member Olsen and Planning Director Liberto-Blanck to attend the Growth Management Advisory Committee meetings, as requested by the County. The Mayor said they would attend the meetings to gather information for the City. 10. WRITTEN COMMUNICATIONS None. 11. ORAL COMMUNICATIONS council Member Dougall said South County Cities are discussing a curbside recycling program. He said an extensive public awareness campaign would be necessary. ADJOURNMENT The Council adjourned at 8:24 P.M. MAYOR ATTEST: CITY CLERK .