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Minutes 1990-03-27 "-'. ~ 211 MINUTES MEETING OF THE CITY COUNCIL TUESDAY, MARCH 27, 1990 CITY 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. James Wickstrom of Berean Bible Church delivered the invocation. ROLL CALL ',,- Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots and Doris Olsen. council Member B'Ann Smith was absent. ORAL COMMUNICATIONS RUTH BRACKETT of 2251 Gasoline Alley invited the Council to a conference on Santa Barbara and San Luis Obispo Counties' water April 2 and 3, 1990, at the Sheraton Hotel in Santa Barbara. PAUL HADDOX of 587 Valley Road expressed concerns about the city not allowing cattle grazing on the land. He said he would speak further on the matter at the April 9, 1990, General Plan Meeting. JUDGE HAROLD JOHNSON of the Municipal Court in Grover City asked for Council support in urging the County to begin construction on the new court facility. He said the local citizenry needs to make it known that the need is there. Mayor Millis directed Staff to place the item on the April 10, 1990, agenda. CONSENT AGENDA It was moved by Moots/Dougall, and the motion passed, to approve Consent Agenda Items 5.A. through 5.H. , with the recommended courses of action. 5.A. Proclamation, "Earth Week, 1990," April 16 - 22, 1990. The Mayor so proclaimed and presented proclamation to Elaine Richards. 5.B. March 5, 1990, City council Minutes. Approved. S.C. March 13, 1990, city Council Minutes. Approved. S.D. Progress Payment No.9, and Change Order No.6, Arroyo Grande Police Station Renovation, Project No. 754. Approved. , septic I 5.E. Tank Approval of 785 Easy street. Approved with I Conditions. I I , , 5.F. city Council Chambers/Le Point street Parking Lot Design. Information. 5.G. Joint Meeting of City Council and Parks and Recreation commission, April 11, 1990, 5:30 P.M. Information. 5.H. Purchase of CAD System: Initial Purchase: Public Works Department: Budgeted Item. Approved. 6. REGISTER OF CHECKS It was moved by Olsen/Dougall, and the motion passed, to approve the Cash Disbursements, as contained in the March 22, 1990, Staff Report of Finance Director David Bacon. 1 ! ---_.~-- ----~---_. i ---- ------ .--~-- 212 CITY COUNCIL MINUTES PAGE 2 7G PUBLIC HEARING - A RIGHT TO FARM ORDINANCE TO PROTECT A RICULTURAL LAND USES FROM CONFLICT WITH NON-AGRICULTURE LAND USES: CITYWIDE Planning Director Doreen Liberto-Blanck referred to her Staff Report of March 27, 1990, and recommended that the Council hear the first reading of the proposed Ordinance. She explained that two ordinances labeled "A" and "B" had been prepared by Staff, and "A" added the language, "except if found to be a public health concern as provided by State or Federal law, or the county Agricultural commissioner" to the end of the third paragraph of Section 1. There were Council questions of Staff. After being assured that the Public Hearing had been duly published and all legal i requirements met, Mayor Millis declared the hearing open and said I I all persons would be heard regarding the matter. , ....I Speaking in favor of the Right to Farm Ordinance were ELLA HONEYCUTT of the San Luis Coastal Resources conservation District, who read a letter from JOY FITZHUE, Director of the County Farm Bureau; JIM MCGILLIS of 133 Bridge street; TIM O'NEIL of 206 Pearwood Avenue; D.G. PORTER of 541 Ide Street: TOM RUNELS of 586 Valley Road: CLARK MOORE of the planning Commission, and HERMAN OLAVE of 222 W. Cherry Avenue. Speaking in favor of the added clause in proposed Ordinance "A" were ANNE STEELE of Grover city, KARL KEMPTON of Oceano and GEORGE HELMAN of rural Arroyo Grande. RUTH BRACKETT said that San Luis Obispo County had adopted very stringent policies with regard to urban development vs. agriculture. When no one else came forward to speak, Mayor Millis closed the hearing to the floor. Council Members discussed the proposed ordinances, and said they preferred Ordinance liB" on the basis that chemicals are necessary to farming, and if a problem develops, the ordinance can be changed. It was moved by OlsenjMoots (4-0-1, Olsen, Moots, Dougall and Millis voting aye, Smith absent) to have the first reading of the proposed Ordinance "B" Amending Chapter 4 of the Municipal Code and Adding Article 42 Establish~ng a "Right to Farm" Ordinance. 7.B. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT CASE NO. 89-466: EXPANSION OF AN EXISTING NON-CONFORMING USE - ADDITION TO A SINGLE-FAMILY DWELLING IN THE CBD ZONE: 138 SHORT STREET. BILLIE C. SWIGERT Mr. Christiansen said there was a Staff recommendation that the Planning Commission denials be upheld. He said if the Council I wishes to approve the appeal, it would need to make findings that are consistent with the upcoming new General Plan. , After being assured that the Public Hearing had been duly ,j published and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. MRS. BILLIE SWIGERT, the appellant, spoke to the Council and listed the ways the project could be brought into conformance with the requirements of the City. She said all of the Planning Commission objections could be resolved except for her property's zoning of CBD. She said she did not receive any written notice of the change in zoning on her property many years ago, and was surprised to find that it is CBD. 2 ---- - ._._.._--_._-------_._---_.._.._~-------------~._._-_.. _...-.-. -----_._---~--- - -- -----.....- - .----- - r 213 CITY COUNCIL MINUTES PAGE 3 When no one else came forward to speak, Mayor Millis closed the hearing to the floor. Council Members were generally in favor of supporting the appellant on the matter. They said not a single neighbor was opposed to the project. city Attorney Judy Skousen suggested that the Council postpone action for one month. She said the Council must investigate further and make findings that would bring the project into compliance with City regulations. It was moved by Dougall/Olsen, and the motion passed to refer the matter back to the Architectural Review Board, and to continue the appeal to the Council meeting on April 24, 1990. "- APPEAL OF PLANNING COMMISSION DENIAL OF 7.C. PUBLIC HEARING - VARIANCE FROM THE REOUIRED FRONT YARD SETB.~CK. CASE NO. 90-144: 510 IDE STREET. RICHARD AND COLEEN KUBEL Council Member Moots said he may have a conflict of interest and left the dais. Current Planner Scott Spierling referred to the March 27, 1990, Staff Report of the Planning Director. Mr. Spierling said the report recommended that the Council uphold the Planning Commission Denial and Deny the Appeal, and deny the applicant's request to refund the application fee. 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 in favor of the appeal were COLEEN KUBEL, JIM MCGILLIS of San Luis Engineering and RICHARD KUBEL. They said the City had approved the setbacks on their plans and so was at fault in the matter. Mr. McGillis said that some City Councils approve different setbacks on streets. Speaking against the appeal were TERRY DONOHUE of rural Arroyo Grande and GORDON BENNETT of 415 Allen Street, who objected to the setback. When no one else came forward to speak, Mayor Millis closed the hearing to the floor. There was Council discussion of the matter. Council Member Dougall said that it looked like the appellant had already removed some of the footings in question. Council Members agreed with the variance denial on the basis that the setbacks were not correct. It was moved by Dougall/Olsen (3-0-2, Dougall, Olsen and Millis voting aye, Moots not voting, Smith Absent) to approve Resolution No. 2379 Upholding the Planning Commission's Denial of Variance Case No. 90-144 Located at 510 Ide Street, Applied for by Richard and Coleen Kubel. COUNCIL MEMBER MOOTS RETURNF.D TO THE DAIS 8.A. UPDATE ON BRIDGE STREET BRIDGE l<T ARROYO GRANDE CREF.K Mr. Karp reported that the carrier trusses have been installed, and he will be meeting with the contractor to verify that he is on schedule with the project. 8.B. HOOK RAMPS AT CAMINO MERCADO No Report. 3 ----_._.._-~---- 214 . . CITY COUNCIL MINUTES PAGE 4 8.C. INTERSECTI9N IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/ TRAFFIC WAY AND WESLEY STREET No Report. S.D. POLICE FACILITY EXPANSION Chief of police Rick TerBorch said the completion date for the project is April 13, 1990. 8.E. RANCHO GRANDE PARK AWARD OF BID Mr. Christiansen referred to the March 22, 1990, Staff Report of John Keisler, Parks and Recreation Director. Mr. Keisler addressed the council. He said his budget for the project is $97,000. He said seven bids were received and all were for more than $200,000. He asked the Council to appropriate the additional $105,000 so that the State Grant will not be lost. He said once the grading, irrigation and turf installation is done, the rest of ..,) the work can be done through grants and volunteers. He said the turf areas would provide much needed areas for soccer and baseball fields. There was discussion, and the council was reluctant to use City reserve monies. Mayor Millis suggested taking two years - 1990 and 1991 - for the project, saving the 1990 money to add to 1991- Mr. Keisler said he would request an extension of the grant from the state. It was moved by DougalljMoots, and the motion passed to reject all bids received. BRUCE BLAIR of the Arroyo Grande Babe Ruth Baseball League spoke in favor of developing the park as soon as possible. 8.F. PROPERTY TRANSFER Mayor Millis and Council Members Moots and Dougall said they may have a conflict of interest in this matter and left the dais. City Attorney Skousen explained that there was an agreement between the County, certain developers and the City that a land exchange would take place, with the City receiving property next to the community Center. She said at the last Council meeting the parties were ,given two weeks to take some affirmative action to complete the transfer. She said no action had been taken until the day of the Council meeting, and that was insufficient. She said she would be filing a lawsuit against the Developers of the Royal Oaks Subdivision, Don McHaney Realty, Mid Coast Land Company and the county of San Luis obispo for their failure to sign the papers completing the property transfer. Council Member Olsen said the people of Arroyo Grande deserve to know if the land swap was merely a sham or a hoax. She said that, in addition to the lawsuit, the City should inform the State I Licensing Board of contractors, the State Real Estate Commission, the Banking Commission, the District Attorney and/or the Attorney I General and other agencies who may be able to unravel the matter. She said the Fair Political Practices commission also should be ...) informed. MAYOR MILLIS AND COUNCIL MEMBERS MOOTS AND DOUGALL RETURNED TO THE lhUS. 9.A. REZQNING AND PLANNED DEVELOPMENT CASE NO. S9-217/TENTATIVE TRACT MAP 1769: FARROLL AVENUE: HERB PHILLIPS Mr. Christiansen read the title of the proposed Ordinance. Further reading of the ordinance was dispensed with, and Mayor Millis said that constituted the first reading of the ordinance Amending the Zoning Map and the zoning Ordinance by changing the Zone Designation for certain Property on Farroll Avenue in the City 4 - --~- _._._____.__.___~u.~_ _____._____._ ...._._.__ .__.._..._____,_,_____ ___..___ _______~....__~__.._ . __. .-.------ .__,____.___u_ , ~ 215 CITY COUNCIL MINUTES PAGE 5 of Arroyo Grande from PD to R-I-PD and Approving and Adopting a Development Plan. It was moved by Dougall/Moots (4-0-1, Dougall, Moots, Olsen I and Millis voting aye, Smith absent) to approve Resolution No. 2380 I Adopting a Negative Declaration and approving Tentative Tract Map No. 1769 creating Lots Ranging in Size from 6,000 Square Feet to 14,000 square Feet on Ten Acres Located on Farroll Avenue Along the Westerly City Limits, and Instructing the City Clerk to File a Notice of Determination. 9.B. CONSTRUCTION OF THE SHALLOW PASO ROBLES AND THE DEEP PISMO TEST WELLS. PROJECT NO. 60-89-2 Mr. Karp referred to his March 20, 1990, Staff Report and the map on the back showing the proposed al ternati ve well site. He ~ recommended that the Council authorize staff to commence drilling of a domestic water well in the City-owned right-of-way in the vicinity of the greenbelt at the southern intersection of Oak Park Boulevard and Meadow Lark Lane. Mr. Karp explained that this is part of the program to find additional water for the City of Arroyo Grande. JIM GARING of Garing, Taylor and Associates, who is directing the well search project for the City, spoke to the Council and gave a history of the search. He said a 1988 City water study showed that the City would use up all its water by approximately 1993. He said the Council had directed him to drill wells in the Elm Street area to replace the old Well No.2, and to search for a new well outside the Arroyo Grande Basin and "Gentlemen's Agreement" area in order to gain some "breathing room." He said wells at St. Barnabas and at Reservoir No. 5 were unsuccessful. He said he knows the water at the Meadowlark site is good, and it could give the City two or three years of water. He said there may be wells in the future in the Rancho Grande and Oak Park subdivisions. Mr. Garing said a well is being drilled across the street from the site on land which may be annexed to the City of Pismo Beach. He said that well could affect Arroyo Grande's well. He said the well drilling would create noise, but when it is finally operating it will be quiet. He said the landscape will be torn up, but when the well is finished, it will be restored. He said the well would be covered with a small structure out of sight distance. He I disclosed to the City that Garing, Taylor Associates also is employed by the City of pismo Beach and could be involved in the design of mechanical equipment for the existing well, which may be used by Pismo Beach and the well Arroyo Grande plans to drill. J. D. GARRISON, 311 Miller Way, owner of the 153 acre site across from the proposed Arroyo Grande well, said he also was drilling a well on his property. He spoke against the drilling by the City on the basis that the water would be used up sooner with two wells pumping. It was moved by Olsen/Moots to approve Staff recommendations on the Meadowlark Greenbelt Well, including (1) Mobilization, Pilot HOle, Geophysical Log (600' ) for $12,600.00, and (2) If same formation is found as was found across Oak Park, Complete 8" Well for $60,000.00, Total Project $72,000.00. Mr. Karp said the landscape at the site would be cleaned up and restored after each of the two phases of well drilling. JIM SIMMONS of 860 Robin Circle, director of the Oak Park Home OWners Association, asked that the association be relieved froD the required landscape maintenance of the site during the well drilling. Mr. Karp said this would seem an appropriate expenditure from the bond funding. 5 -. _.._.____....._____... i 216 ~ CITY COUNCIL MINUTES PAGE 6 MR. GARRISON said he would be drilling two more wells on his property across the street. There was a vote, and the motion passed. Mr. Karp proposed that he meet with Mr. Simmons and bring back a proposed mitigation recommendation at a future Council meeting. 10.A. PARKING SITUATION AROUND STREETS AND HOMES NEAR ARROYO GRANDE HIGH SCHOOL Mayor Millis said he may have a conflict of interest in this matter and left the dais. ! HERMAN OLAVE of 222 W. Cherry Avenue, who said he was speaking i for the residents of the neighborhood, requested the city post both ~ sides of the street with "parking by permit only" signs. supporting Mr. Olave were JOHN REYNOLDS of 509 E. Orchard Avenue, NEIL O'HAGAN of 432 California Street, CHUCK ELLISON of 535 Arroyo Avenue, MARIE BURT of 414 Orchard Avenue, JAN RATTERREE of 202 W. Cherry Avenue, DON MELIN of 325 Fair Oaks Avenue, DANE PHILLIPS of 121 Alpine, MARY JANE MONTGOMERY of 533 Orchard Avenue, ELLIE COOK of 527 Orchard Street and KIM RICHARDS of 216 W. Cherry Avenue. JOHN KEEN, 298 N. Elm Street and member of the Parking and Traffic Commission, said the commission was willing to approve permit parking at a recent meeting, but neighbors in the audience said they didn't want it. After further discussion by the Council, it was moved by Olsen/Dougall (3-0-2, Olsen, Dougall and Moots voting aye, Millis not voting, Smith absent) to approve Resolution No. 2381 Establishing a "No Parking Except by City Permit" Zone on Orchard, West Cherry and Arroyo Avenues, California street and Pilgrim Way. Mayor Millis said the recommendation by the neighbors that traffic signs be installed at Orchard and Cherry should be referred to the Parking and Traffic commission. MAYOR MILLIS RETURNED TO THE DAIS 10.B. REOUEST OF ARROYO GRANDE CHAMBER OF COMMERCE TO ADDRESS RECYCLING COSTS AS THEY RELATE TO THE COMMERCIAL BUSINESSES MIKE LADY of 730 Oak Leaf Circle and president of the Chamber of Commerce said the Chamber is not opposed to recycling, but is concerned with the proposal to contract with the South County Sanitary Service and with the rates being proposed. He said more research and facts should be gathered. He said the proposal is not equitable for the business community. He suggested that there be rewards for residents and businesses which already recycle, and that a volunteer program be considered. He proposed a Task Force consisting of the City council, the staff and the Chamber of Commerce to plan a recycling program. Also speaking in favor of forming a Task Force to reconsider ~ the proposal made to allow South County Sanitation to collect materials for recycling in the City were SANDY LUBIN of 138 Via Bandolero and MARIE CATTOIR of 195 Orchid Lane. D. G. PORTER of 541 Ide Street said the first thing to do is to request that the State provide a place to dispose of materials collected for recycling. KURT KUPPER, director of ECOSLO, supported the request for a Task Force made up of all the major players to look at other alternatives. He said if ECOSLO were awarded the contract for collection of materials for recycling, he was willing to commit to 6 __ - ____...___.___.., ..__~_______._._.__ _________~_____.___.._~____~_.___._.____,._". __,....,___"'___n_______ ____ ____m'.. ._.._....___,_,__.._.____ _ _ __ _ ,- 217 CITY COUNCIL MINUTES PAGE 7 returning one-half of the discretionary funds to the city for environmental education advocacy. He suggested that the business community could create revenue through the recycling of cardboard. DANE PHILLIPS suggested that the City begin to collect the garbage from residents, and that his company collect garbage from the commercial businesses. After Council discussion, it was moved by Moots/Olsen, and the motion passed (3-1-1, with Moots, Olsen and Millis voting aye, Dougall voting no, and Smith absent) to refer the matter of a curbside recycling program back to Staff. Mayor Millis said a report should be made to the Council in one month. 10. C. REOUEST BY STRAWBERRY FESTIVAL COMMITTEE TO USE CITY PROPERTY .."- FOR PARKING PURPOSES DURING STRAWBERRY FESTIVAL. MAY 26 - 27. 1990 JOHN CLARK, chairman of the strawberry Festival, requested use of the City-owned area at Nelson and Short Streets for Festival parking. (Corrected at 4/10/90 Council meeting) It was moved by Olsen/Dougall, and the motion passed, to approve the request. 10.D. JOINT POWERS AGREEMENT WITH COUNTY ON JOINT NOISE ELEMENT It was moved by Moots/Olsen (4-0-1, with Moots, Olsen, Dougall and Millis voting aye, Smith absent) to approve Resolution No. 2382 Ratifying a Joint Powers Agreement Among the county of San Luis Obispo and Seven County cities for Preparation of county and Cities' Noise Design Manual/Noise Standards and Noise Design Manual/Noise Ordinance Revisions. 11. WRITTEN COMMUNICATIONS None. 12. ORAL COMMUNICATIONS None. 13. CLOSED SESSION The Council adjourned to a Closed session at 11:26 P.M. to i discuss litigation, Mack vs. City of Arroyo Grande (Government Code Sec. 54956.9(a), Superior Court of the State of California for the County of San Luis Obispo, Case No. 65087), and Potential Litigation, Government Code Sec. 54956.9(b)(1). I 13. ADJOURNMENT i . The Council reconvened at 12:45 A.M. and adjourned to Monday, AprJ.l 9, 1990. :IF!rl.)ifL ATTEST: 7