Minutes 1990-11-13
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, NOVEMBER 13, 1990
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 presiding.
FLAG SALUTE AND INVOCATION
Mayor Millis led the Pledge of Allegiance to our Flag, and the
Rev. Charles B. Atcheson of st. Barnabas Episcopal Church delivered
the invocation.
ROLL CALL '1
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, Assistant city
Attorney Deborah Schulte, city Clerk Nancy Davis, Public Works
Director Paul Karp, Planning Director Doreen Liberto-Blanck,
Current Planner Scott Spierling and Tree Coordinator Carolyn Leach.
ORAL COMMUNICATIONS
ARNO LASCARI of 1064 Maple Street requested that the city
allow parking on a 30-foot driveway easement on his property.
RUTH BRACKETT, county supervisor-elect, congratulated Mayor
Millis and Council Members Moots and Olsen on their election, and
said she was looking forward to working with them.
CONSENT AGENDA
It was moved by smith/Dougall, and the motion passed, to
approve Consent Agenda Items 5.A. through 5.L., with the
recommended courses of action. Council Member Moots said he
regretted the resignation of Robert Gruber from the Senior Advisory
commission, and said Mr. Gruber was quite a force on the
Commission.
5.A. October 9, 1990, city council Minutes. Approved as Corrected.
5.B. October 23, 1990, city council Minutes. Approved.
S.C. November " 1990, Senior Advisory Commission Minutes.
Approved.
S.D. Letter of Resignation from Robert Gruber, Chairman, Senior
Advisory Commission. Accepted with Regrets.
5.E. october, 1990, Investment Report. Information.
5.F. city Investment Policy Review. continued.
S.G. Agreement Affecting Real Property: 1053 Ash Street: Anthony C. l
Sabino. Mayor's signature Authorized.
5.H. Purchase of Budgeted Item: Portable Exchange Water Softening
Unit: pUblic Works Department. Approved.
5.I. Approval of Parcel Map No. AG 88-265: Parcel Map Case 88-470:
350 Walnut street: Becerra. Approved.
5.J. Authorization to Solicit Bids for Asphalt Concrete paving and
Road Reconstruction on Various city streets: Project No. 90-90-1.
Authorized.
5.K. Authorization to solicit Bids for Well No. 8: Soto Sports
Complex. Authorized.
5.L. Contract for Focus Environmental Impact Report: Central Coast
Bowl. Authorized.
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CITY COUNCIL MINUTES
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REGISTER OF CHECKS
It was moved by Dougall/Olsen, and the motion passed, to
approve the cash disbursements in the amount of $792,033.70, as
contained in the November 8, 1990 Staff Report of Finance Director
David Bacon.
PUBLIC HEARING - CONSTRUCTION OF A 28.233-S0UARE FOOT I
SANCTUARY /CHRISTIAN EDUCATION BuILDING AND A 13.814-S0UARE FOOT I
FELLOWSHIP HALL ON A 10.8-ACRE SITE: 1) PLANNED DEVELOPMENT REZONE
CASE 90-03: 2\ SPECIFIC DEVELOPMENT PLAN: 3\ ARCHITECTURAL REVIEW
- CASE 89-427: 4} CERTIFICATION OF EIR AND ADDENDA: SOUTHWEST CORNER
OF JAMES WAY AND RODEO DRIVE: GRACE BIBLE CHURCH
Mayor Millis, Council Member Dougall and Mr. Christiansen said
they may have conflicts of interests and left the room. Mayor Pro
Tem Smith presided.
Ms. Liberto-Blanck referred to her November 13, 1990 Staff
Report discussing the major issues of the project and saying that
the Planning Commission recommended that the Council, (1) Adopt the
resolution certifying the Environmental Impact Report for the
Halcyon Hills Subdivision with previous addenda, and the A4dendum
for Grace Bible Church: (2) Approve the first reading of the
ordinance modifying ordinance No. 355 c.s., Royal Oaks Estates, to
allow a church on Lot B, and approving Specific Development Plan
90-03: and ( 3 ) Approve Architectural Review Case No. 89-427 by
minute motion.
Council Members asked questions of Staff about the project.
After being assured that the Public Hearing had been duly pUblished
and all legal requirements met, Mayor Pro Tem Smith declared the I
hearing open and said all persons would be heard regarding the ,
matter.
GREG WILHELM of 979 Osos Street, San Luis Obispo, architect
for the project, showed a summary of slides depicting the church
and accessory building.
THE REV. DALE BURKE of 831 E. Cherry Avenue, pastor of Grace
Bible Church, spoke in favor of the project and requested that the
City Council not require the church to develop a water program to
neutralize projected water use for the project. In answer to a
question from Council Member Olsen, Rev. Burke said that there will
not be a school on the site.
BILL HEATH, traffic engineer, reviewed his study of the
project.
RON GLAZA, 458 Spanish Moos Lane, said he objected to the
r- church traffic and feared that required street trees would block
views.
JOHN SPENCER, 416 Cuerda Corte, said that the mass of the
church structure should be taken into consideration.
When no one else came forward to speak, Mayor Pro Tern Smith
closed the hearing to the floor.
Council Members discussed the height of the proposed church,
the metal roof, the modern design of the church, deferring some of
the required landscaping until the end of the drought, and the
church's request that the water neutralization plan not be required
prior to issuance of building permits.
JUDGE HAROLD JOHNSON said that since the City's Water Policy
had not been defined, the church should be allowed more time to
implement a water saving program.
It was moved by Moots/Olsen to adopt a resolution certifying
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CITY COUNCIL MINUTES
NOVEMBER 13, 1990
the environmental impact reports, with a modification to II.B.4. of
the Statement of Significant Environmental Effects and Mitigation
Measures stating that Grace Bible Church would be given until final
completion of the project to implement an approved water saving
program, rather than before building permits are issued.
The motion failed, with Council Members Moots and smith voting
aye, Council Member Olsen voting no, and Council Member Dougall and
Mayor Millis absent.
Council Members and Staff discussed water program issue, and '\
Council agreed that the church would be credited with two-acre-feet
of water. Council Member Olsen said she would not vote to allow
the issuance of building permits until a church water saving
program is approved by the Council. The title of the original
resolution without the modification was read by Ms. Liberto-Blanck.
It was moved by Moots/Olsen (3-0-2, Moots, Olsen and smith
voting aye and Dougall and Millis absent) to approve Resolution No.
2428 certifying That the Environmental Impact Report for the
Halcyon Hills Subdivision With the Previous Addenda, and the
Addendum for the Grace Bible Church Project has been prepared in
Compliance with the California Environmental Quality Act and
Certifying That the city council has reviewed and Considered the
Information Contained in the Final Environmental Impact Report; PD
Rezone No. 90-222 and Development Plan No. 90-03 (Grace Bible
Church) , and Instructing the city Clerk to file a Notice of
Determination.
,
I
council Members began discussion of the ordinance approving
the church and adopting a specific development plan. Council
Member Olsen proposed adding conditional of Approval 1Sa., which
said, "Use of these facilities shall be limited to those activities
outlined in Specific Development Plan 90-03, and other accessory
uses which are clearly and customarily incidental to the church.
Such accessory uses do not include schools, other than sunday
I school classes, or child care, other than child care associated
I with regularly scheduled church services and activities. Addition
I of activities which are ~ accessory uses shall require
modification of the Specific Development Plan and additional
I environmental review."
,
Ms. Liberto-Blanck read the title to the proposed ordinance,
An Ordinance of the City Council of the city of Arroyo Grande
Amending Ordinance No. 355 C.S. "Royal Oaks Estates" by Allowing a
Church on Lot B, and Approving and Adopting Specific Development
Plan No. 90-03. The Council agreed to the addition of Condition
15a. proposed by Council Member Olsen. It was moved by
Moots/Olsen, and the motion passed, to dispense with further l
reading of the ordinance. Mayor Pro Tem Smith said that
constituted the first reading of the ordinance.
It was moved by Moots/Olsen, and the motion passed, to approve I
Architectural Review Case No. 89-427.
Mayor Millis, council Member Dougall and Mr. Christiansen
returned to the room.
THE CITY COUNCIL RECESSED FOR FIVE MINUTES
PUBLIC HEARING - AMENDING ORDINANCE NO. 333 C.S.. THE COMPREHENSIVE
TREE PROGRAM. TO INCLUDE TREE PLANTING. REMOVAL. PRUNING. AND
PROTECTION REOUIREMENTS: REPLACEMENT RATIOS AND PENALTIES: CITY
WIDE: CITY OF ARROYO GRANDE PARKS AND RECREATION DEPARTMENT
Mr. Christiansen referred to the November 7, 1990 Staff Report
i of Parks and Recreation Director John Keisler, who recommended that
the Council approve the ordinance.
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CITY COUNCIL MINUTES
NOVEMBER 13, 1990
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.
BILL DENNEEN of Nipomo spoke in favor of the new ordinance,
but proposed that only trees native to this area should be
protected.
, When no one else came forward to speak, Mayor Millis closed I
the hearing to the floor.
Council discussed Mr. Denneen's suggestion about native trees,
and decided to direct Staff to look into the matter and include
findings with the one-year report. A suggestion by Tony Orefice of
the Architectural Advisory Committee concerning street tree spacing
also was discussed. Council Members decided that street trees
should be placed no farther than 50 feet apart along the street
frontage of any building constructed.
Mr. Christiansen read the title of the proposed ordinance,
An Ordinance of the city Council of the City of Arroyo Grande
Adopting a Negative Declaration and Amending Ordinance No. 333
c.s., Which Established a Comprehensive community Tree Program.
It was moved by Smith/Dougall, and the motion passed, to
dispense with further reading of the ordinance. Mayor Millis said
that constituted the first reading of the ordinance.
8.A. HOOK RAMPS AT CAMINO MERCADO
Mr. Christiansen said that on October 31, 1990, the Mayor,
Public Works Director and he met with Caltrans representatives
concerning the progress of the proposed intersection improvements.
He said representatives of Grover city, pismo Beach and the Council
of Governments also were present. He said Caltrans reported that
the project is on schedule (November, 1991) with 101 design
improvements over 50 percent complete and the bridge design in
excess of 15 percent. He said another meeting would be held in two
months.
8.B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND
AVENUE/TRAFFIC WAY AND WESLEY STREET
No Report.
S.c. SOLID WASTE TASK FORCE
Council Member Dougall said the committee discussed the work
plan of the AB 939 consultant. He said Steve DeVincenza will be the
AB 939 program coordinator.
"",
8.D. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY
Mr. Christiansen said city Staff Members had attended the
Board of Supervisors meeting. He said the Supervisors voted down
an Arroyo Grande suggestion for a cumulative Environmental Impact
Report on fringe area projects. He said the Mesa Drive hearing
will be before the Supervisors on November 20, 1990.
RUTH BRACKETT, Fourth District Supervisor-Elect, said the
fringe areas projects' impacts on the City could be address in an
update of the County General Plan. She also discussed other ways
for the city and County to cooperate.
8.E. WATER
council Member Olsen reported that the Environmental Impact
Report on the State Water project will be completed in the Spring,
1991. She said Lopez Dam is 41 percent full. She urged Staff to
begin collecting information on State Water to give to residents of
the City before an election is scheduled.
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CITY COUNCIL MINUTES
NOVEMBER 13. 1990
8.F. PROPERTY TRANSFER - FIVE ACRES
No Report.
9.A. PETITION BY HAROLD AND GEORGIA BARR AND EDWARD AND MARIANNE
MAUSS FOR CONTINUED USE OF CITY WATER OUTSIDE THE CITY LIMITS
Mr. Christiansen referred to three letters requesting that the
city Council provide water to Sebring Kennels, which is located
outside of the city and whose water service was discontinued by the
city October 24, 1990. The letters were from Rhea Benko, Bob
Pollack and Mrs. Morris Mahan~
Council Member Olsen suggested that the families request water ""'I
service from the Oceano Community Services District, and that they
speak directly to the OCD Board of Directors. She said people
living outside of Zone J, which runs with Arroyo Grande City
limits, are not entitled to use water from Lopez Lake. She said it
is against the agreement drawn up when the water district was
formed.
HAROLD BARR of 1119 N. Thompson, said he had a well go dry
this year, and even with the serious water shortage, the County had
approved east of his property 38 acres of green houses, 100 acres
of lemons and 70 acres of avocados.
Mayor Millis said the City is responsible to sell water to
residents of Zone J only. He suggested a small water district be
formed by those needing water, and a deep well dug, or that land
with water be purchased and water piped in.
Supervisor-Elect Brackett said that creating a water company
takes quite a bit of time. She said she would look into the matter
of serving the residents with County water, and suggested that the
City provide water to the families for a short period of time until
they can find water sources.
During the further discussion of the problem, one member of
the audience said that building contractors who were asked to get
water for him when his well went dry said, "We can't get it from
Nipomo, but we can get it from Arroyo Grande. We just get it like
we are going to sprinkle it on a construction site and then we'll
sell a load to you for $100."
Upon questioning by the Council, Mr. Christiansen said the
only people who can legally draw from a City hydrant are those who
are using the water within the corporate limits.
Mayor Millis said we need to cut off the whole practice of
issuing water meters for construction because this is not the first
time he has heard of people selling water as far away as San Luis l
Obispo. He said there should be no more Lopez water used to
compact soil. Other Council Members agreed.
Mr. Karp said the community needs to use water for its own
necessary projects, erosion control, and water system flushing and
disinfection. Mr. Christiansen agreed.
Council Member Olsen said she had heard of Arroyo Grande water
being used allover the County for things like fish ponds, swimming
pools and to water livestock.
A member of the audience said one can get Arroyo Grande water
for use outside of the city by applying for a construction meter.
Council Members said that is fraudulent use of the city's
water.
A member of the audience said her land is surrounded by
agriculture, and gave a brief history of water sources near her
.
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CITY COUNCIL MINUTES
NOVEMBER 13, 1990
property. She said the County has allowed development, including I
heavy water users such as citrus and a large nursery, which will
use 15,000 gallons per day. She said there is ample water in the
Nipomo Community Services District, but the district will not sell
water to her.
Council Member Dougall suggested that the city provide water
for 30 days for the three families represented at the meeting while
they find new sources of water.
There was a discussion of whether or not the Zone 3 contract I
would provide for this emergency sale of water to the families,
since they do not live in Zone 3, and Assistant City Attorney I
Deborah Schultz said she would have to review the contract.
A member of the audience, who lives outside the City, said he
has walked into the Arroyo Grande City Hall and signed up for
water. He said it had worked out well, but now he finds out his
water service has been cut off without notice. He asked for at
least 30 days to find another water source. I
After further discussion, it was moved by Smith/Dougall, and I
the motion passed, to approve the sale, if the City Attorney finds
it legal to do so, of 350 gallons of water per day, for domestic
use only, to three families (Benko, Barr and Mauss) for 30 days
only, and to direct Staff to recall all water meters from hydrants,
except those needed on city projects.
9.B. 1990-91 ANNUAL TRANSPORTATION FUND CLAIM
It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen,
Moots and Millis voting aye) to approve Resolution No. 2429
Approving the 1990-1991 Annual Local Transportation Fund Claims to
the San Luis Obispo Area Coordinating Council.
9.C. ADOPTION OF CONSTRUCTION STANDARDS
It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen,
Moots and Millis voting aye) to approve Resolution No. 2430
Authorizing Adopting Revised Construction Standards for the city of
Arroyo Grande.
10. WRITTEN COMMUNICATIONS
None.
11. ORAL COMMUNICATIONS
It was moved by Smith/Moots, and the motion passed, to approve
a correction to the October 9, 1990 Minutes, Page 8, five lines
from the bottom of the page, changing $1,000 to $10,000.
r Council Member Smith asked if water used for flushing drains
was caught by the city to use elsewhere. Mr. Karp said the water
moves too fast to save much of it in water trucks.
JOHN KEEN of the Parking and Traffic Commission said that the
City needs to use water for its projects, and Mayor Millis said the
Council did not vote to restrict those uses.
12. CLOSED SESSION
The Council adjourned to a Closed Session at 11:00 P.M. to
discuss Coker Ellsworth and Vic Pace Construction co., vs. City of
Arroyo Grande (Government Code section 54956.9[a]).
13. ADJOURNMENT
The Council reconvened at 11: 20 P.M. and immediately
adjourned, on motion of smith/Moots. ~4~
C[. .
AVIS, CITY CLERK