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Minutes 1990-01-23 " "'- --- 185 ,_."" MINUTES MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 23, 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. Charles Atcheson 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 None. ~. CONSENT AGENDA motion It was moved by Smith/Dougall, and the passed, to approve Consent Agenda Items 5.A. through s.c. , with the recommended courses of action. 5.A. January 9, 1990, City Council Minutes. Approved. 5.B. Liability Claim, Oren Henderson. Rejection Letter to be Sent. S.C. Approval of Private Water Well on Easy street, Parcel No. 7- 781-054. Approved. 6. REGISTER OF CHECKS It was moved by Olsen/Dougall, and the motion passed, to approve the Cash Disbursements, as contained in the January 18, 1990, Staff Report Of Finance Director David Bacon. 7. CONTINUATION OF PUBLIC HEARING - REZONING AND PLANNED DEVELOPMENT CASE NO. 89-217/TENTATIVE TRACT MAP 1769: (1) ZONE CHANGE FROM PD TO R-1/PD SINGLE-FAMILY RESIDENTIAL ZONE, AND DEVELOPMENT PLAN: (2} SUBDIVISION TO CREATE 30 LOTS: FARROLL AVENUE (AT WEST CITY LIMIT LINE). HERB PHILLIPS. Planning Director Doreen Liberto-Blanck referred to her Staff Report of January 23, 1990, and said the Planning Commission had made a "No Recommendation" on the proposed rezone, and recommended "Denial" on the tentative tract and proposed development plan. She said the Planning Staff and Planning Commission could not recommend adoption of a negative declaration due to concerns about water availabili ty. She said if a mitigation measure to conserve water is approved by the Council, it should be extended to other proposed subdivisions and pr~jects until a city water policy is adopted. There were council questions of Staff with regard to the City's Water Policy. '-., 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. JIM MCGILLIS, San Luis Engineering surveyor, appeared on behalf of the applicant. He described the subdivision, and said less water would be used than is being used by the present farming of the land. He said the benefits to the city would include the completion by the developer of Oak Park Road, the opening of a road to the ball fields on Farroll Road, the saving of underground water and a new well site. He discussed saving water for the City by retrofitting public facilities with water saving devices. 1 - 186 .~ CITY COUNCIL JANUARY 23, 1990 KARL KEMPTON of Oceano addressed the pesticide issue in the proposed development. He said farmers should not depend on chemicals to kill pests. He said soil samples taken so far are invalid because more pesticides have been applied to the land. He requested more in depth soil tests. ANNE STEELE said that chemicals stay in the soil for many years, and pointed out that tests of Well No. 6 showed up chemicals which had been banned many years previous to the tests. She said that since the building of the Mentone Drainage pond, complaints of illnesses have been reported. ~ Mr. McGillis said that the farmers have been very careful in applying the pesticides to this land. He said when the ball fields were built there was plenty of depth, and any toxins would have been noticed by now. When no one else came forward to speak, Mayor Millis closed the hearing to the floor. Council Member Olsen said she wanted to see the Water Report before voting on this project. She said retrofitting should be used as a last ditch effort when the population is thirsty and only after a complete moratorium on building. She said it should not be used as a ploy to allow development to continue. Council Member Dougall said he approved of the project, except for the water problem, but also does not like retrofitting. He said he would need to see the Water Report before voting. Council Member Moots said he is not opposed to the project but did not want to vote on it until the Water Report is in. Council Member Smith said she would have to see the Water Report first. She said the City may have to initiate some of the water saving suggestions Mr. McGillis spoke about. Mayor Millis said he was concerned with the city's treatment of the applicant of this project. He pointed out that the land is zoned for Planned Development, not Agriculture, and the City intends that homes will be there. He said 70 condominiums were built across the street. He said the city will be getting a vital transportation link, Oak Park Road, and new well sites. He said the developers are willing to mitigate a water shortage by saving the city 45 acre feet. There was further Council discussion on retrofitting, water conservation, the developer using landscaping that would save water, and the necessity of approving or denying the project at ~ this meeting. The applicant, Staff and Council discussed the legal aspects of continuing the Agenda Item to another meeting after the Water Report has been completed. There was a motion by smith/Dougall, and the motion passed, to continue the item to the meeting of March 13, 1990, on the condition that the applicant approve an extension in writing. After further discussion, it was moved by Smith/Dougall, and the motion passed, to rescind the previous motion and continue the item to the meeting of February 27, 1990. There was even further discussion, and it was moved by Smi th/Dougall , and the motion passed, to rescind the previous motion and continue the item to the next Council meeting February 2 -~'-"-"'-'-" ~ 187 , CITY COUNCIL JANUARY 23,1990 13, 1990, in order to give the applicant a better idea of what the Water Report will say before offering a 90-day extension. Mayor Millis asked Staff to complete the Water Report quickly, I by February 12, 1990, if possible. S.A. UPDATE ON BRIDGE STREET BRIDGE AT ARROYO GRANDE CREEK Mayor Millis signed the contract with Morello construction Co. to renovate the bridge. He directed Staff to hand deliver the contract, Notice to Proceed, plans and specifications the next day. 8.B. HOOK RAMPS AT CAMINO MERCADO No Report. s.c. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND ',- AVENUE/TRAFFIC WAY AND WESLEY STREET No Report. S.D. POLICE FACILITY EXPANSION City Manager Chris Christiansen said the paving of the parking lot was nearly completed, as was the roof of the facility. S.E. REPORT REGARDING COG ACTIVITIES. SPECIFICALLY RELATING TO TRANSPORTATION Council Member Moots warned that Transportation Development Act funds are gradually being funneled off, and City street repair soon will have to be paid for from the City's General Fund. It was Council consensus that the TDA money is being used for frills and administrative costs. 9.A. APPOINTMENT OF AURORA KUREK TO THE SENIOR ADVISORY COMMISSION: TERM EXPIRES JUNE 30. 1991 (FILLING THE UNEXP~RED TERM OF FORMER SENIOR COMMISSIONER JEAN BUCKNER) The name of Constantine S. "Gus" Kurek was withdrawn. Mayor Millis asked for council approval of Mrs. Aurora Kurek to the Senior Advisory Commission, and the council approved the nomination. 10. WRITTEN COMMUNICATIONS None. 11. ORAL COMMUNICATIONS None. 12. CLOSED SESSION The Council adjourned at 8: 34 P.M. to a Closed Session on Potential Litigation: Government Code Section 54956.9 (b) (1), and . Pending Litigation: Government Code Section 54956.9 (c). 13. ADJOURNMENT The Council reconvened at 9:00 P.M. and immediately adjourned. - -tJ'~kd:k B I ANN SMITH, MAYOR PRO TEM ATTEST: '-!/ d..u~ a. Q,.&,,~ J NANCY A. VIS, CITY CLERK 3 ---'-",--.,--_.,- ____ ._...__ .__"~_n__ ____.__ --- .----------------