Loading...
Minutes 1990-01-09 ,"' --.. . 179 - MINUTES MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 9, 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 Reverend Ehrhardt Lang of United Methodist Church delivered the invocation. ROLL CALL Present were Mayor Millis and Council MembersA. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. -' 4. ORAL COMMUNICATIONS DICK FRANKS, 879 Fair Oaks Avenue, read a statement to the Council objecting to the arbitrary installation of stop signs throughout the City. SANDY FACCHE'l'TI, 248 Tally Ho Road, requested street marking and speed signs on Tally Ho Road. Public Works Director Paul Karp said he would direct his staff to comply with Mr. Facchetti's request. 5. CONSENT AGENDA It was moved by Smith/Dougall, and the motion passed, to approve Consent Agenda Items 5.A. through 5.L and 5.N., with the recommended courses of action. 5.A. November 28, 1989, city Council Minutes. Approved S.B. December 1, 1989, City Council Minutes. Approved. 5.C. December 12, 1989, City council Minutes. Approved. S.D. January 3, 1990, Senior Advisory Commission Minutes. Information. 5.E. December, 1989, Investment Report. Information. 5.F. Fourth Quarter, 1989, Sales Tax Revenue Report. Information. S.G. Fourth Quarter, 1989, Departmental Report. Information. 5.H. Progress Payment No. 5, Arroyo Grande Police Station Renovation, Project No. 754, and Change Order No.2. Approved. 5.1. Liability Claim, Michelle Maddux. Rejection Approved. 5.J. Purchase of Photocopier, Budgeted Item. Awarded to Low Bidder. S.X. Purchase of Budgeted Item: Underground Pipe Locator, Public Works Department. Awarded to Low Bidder. - 5.L. Construction of a Branch Mill Road Water Line. Approved. S.N. Purchase of Radio Communications Tower: Budgeted Item; Police Department. Awarded to Low Bidder. Mayor Millis and Council Member Dougall said they may have conflicts of interests with Item S.M., and they left the dais. It was moved by Moots/Olsen, and the motion passed with Mayor Millis and Council Member Dougall not present, to approve Consent Agenda Item S.M. Acceptance of Public Improvements: Tract 555, Unit v, Phase II. 1 .......- .----...---.......- \ .LOU /__ , ' - i CITY COUNCIL JANUARY 9, 1990 I 6. REGISTER OF CHECKS It was moved by Smith/Dougall, and the motion passed, to approve the Cash Disbursements, as contained in the December 22, 1989, Staff Report of Finance Director David Bacon. I 7. PUBLIC HEARING - ADOPTION OF RULES AND PROCEDURES FOR THE i IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA}. , CITY-WIDE Long Range Planner Sandy Bierdzinski referred to her December 5, 1989, Staff Report to the Planning Commission, and said there was a need to revise the City environmental review procedures in order to bring them in line with current California Environmental Quality Act (CEQA) statutes and guidelines and to provide adequate ~ direction to City staff, Commissions and the City Council. She listed several of the revisions to the City's existing environmental review rules and procedures. She said all requirements of the new Assembly Bill No. 896 have been included ; in the revised procedures. She said the draft rules and procedures are categorically exempt from CEQA, and that a Notice of Environmental Exemption will be filed with the County Clerk. She recommended that the Council pass the resolution adopting the amended rules and procedures. 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 carne forward to speak, Mayor Millis closed the hearing to the floor. After Council questions of Staff; it was moved by Smith/Moots (5-0-0, smith, Moots, Dougall, Olsen and Millis voting aye) to approve Resolution No. 2358 Adopting the Implementation of the California Environmental Quality Act for the city of Arroyo Grande, including changes to the guidelines recommended by city Attorney Judy Skousen. 7.B. PUBLIC HEARING - GENERAL PLAN AMENDMENT 99-1: AMENp THE CITY'S CIRCULATION ELEMENT OF THE GENERAL PLAN TO PROVIDE FOR THE EXTENSION OF JAMES WAY ACROSS TALLY HOCREEK TO HIGHWAY 227 Ms. Bierdzinski referred to the January 9, 1990, Staff Report of the Planning Director Doreen Liberto-Blanck. In the Staff Report the Planning Director said that it was the recommendation of the Planning Commission that the City Council Certify the Final Environmental Impact Report, deny General Plan Amendment No. 89-1, and instruct the city Clerk to file a Notice of Determination. Ms. Bierdzinski also gave background on the proposed General Plan Amendment. She said that Staff had determined that the amendment could have a significant impact on the environment and ~ requested that an Environmental Impact Report be prepared. She said the city Council authorized the hiring of McClelland Consultants to prepare the EIR on the project. She said the Planning Commission conducted a public hearing, a petition was submitted of those individuals opposed to the James Way GPA, and the Parking and Traffic, and Parks and Recreation Commissions recommended the "no project" alternative be selected (as defined in the Final EIR and Staff Report). DR. DUANE VANDER PLUYN of McClelland Consultants discussed the EIR with the Council, and explained that "no project" was recommended. 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 2 ------ -...----.. v ~ ~" , 181 CITY COUNCIL JANUARY 9, 1990 matter. MR. FACCHETTI of 248 Tally Ho Road objected to the project on the basis of excessive costs and possible flooding due to a raised roadway. TERRY BOE of 234 Tally Ho Road spoke against the project and asked the Council to make a quick and efficient decision on the matter. When no one else came forward to speak, Mayor Millis closed the hearing to the floor. I After council discussion, it was moved by smith/Moots (5-0-0, , I Smith, Moots, Olsen, Dougall and Millis voting aye), to adopt "- Resolution No. 2359 certifying That the Final Environmental Impact Report for General Plan Amendment 89-1 (Extension of James Way) 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, and Instructing the City Clerk to File a Notice of Determination. It was moved by Smith/Moots (5-0-0, Smith, Moots, Dougall, Olsen and Millis voting aye) to adopt Resolution No. 2360 Disapproving General Plan Amendment 89-1 Relating to the Extension of James Way. 8.A. UPDATE ON BRIDGE STREET BRIDGE AT ARROYO GRANDE CREEK. AWARD OF BID Fred Schott, city consultant, explained the bids on the Fabrication and Erection of Supplemental Support System for the Bridge street Bridge. He said the first bid item was on the kind of steel to be used. He discussed using weathering steel that does not require painting and has a long-term maintenance saving. He said another steel which could be used would require initial painting and repainting every 5 to 10 years. He said a third alternative would be to use weathering steel and paint it. He said the other bid item was on the repair of the vertical truss elements which were damaged in an automobile accident on the bridge. Mr. Schott itemized the two bids submitted on the project. He said the base bid for Morello Construction Co. was $178,350, and the base bid for Associated pacific Constructors was $193,109. He discussed the steel fabricators involved in the bids, and said Morello Construction Co. had submitted the required fabrication documents. He said in his professional judgement, ,the city should accept the bid of Morello Construction Co., including the unpainted weathering steel. There were further Council questions concerning bridge color, historic appearance and safety. Mr. Schott told the Council about the pre-bidding conference held by the city, and said that it was ~' emphasized to bidders that the bridge work must be completed on time. He said the completion date would be 100 days from this Council meeting. It was moved by Smith/Dougall, and the motion passed, to accept the low bid of Morello construction company: authorize the contractor to order the steel, which could take 10 days: authorize the upgrading of the original budget for the project to $220,000, and make the finding that the irregularities in the Associated Pacific Constructors' Bid were not waived. Mr. Schott said Morello construction Co. had requested that the Council extend the construction period for 30 days, with the stipulation that the bid amount would be reduced by $15,000. The 3 182 ,'" -".- ~ CITY COUNCIL JANUARY 9, 1990 Council denied the request. JEAN BUSH of 730 Stagecoach Road presented a petition from business owners in the area of the bridge stressing the need for a pedestrian walkway as soon as possible. She listed the businesses which have been forced to close. She thanked the Council for its actions to speed up the repair of the bridge. She said people are climbing over the barriers and using the bridge, and suggested stronger fencing be used. 8.B. HOOK RAMPS AT CAMINO MERCADO ..... No Report. S.C. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUEITRAFFIC WAY AND WESLEY STREET Mr. Karp said his Staff is in the final stages of appraising the right-of-way acquisition, and some additional drainage engineering is being done for the appraiser. He 'also notified the council that a field review would be taking place during the week of the meeting to discuss replacement of the Traffic Way Bridge. 8.D. POLICE FACILITY EXPANSION Council Member Smith said she may have a conflict of interest on this agenda item and left the dais. ' Tony Orefice, architect for the police facility renovation, referred to the January 4, 1990, Staff Report of Police Chief Rick TerBorch. In the report Chief TerBorch recommended that the Council approve the purch'ase of police equipment'and systems to be installed during the Police Facility renovation and expansion project. The report stated that the recommendation included modification and installation of alarm systemsismoke detectors, phone systems, communication, emergenoy lines,' phone recorder, security cameras and monitors, computer equipment, public address system, interview room and jail monitors, AT&T 911 System, and related equipment. The report said the total cost for the purchase, installation or reinstallation of this equipment is approximately $68,940.00. It was moved by Moots/Olsen, and the motion passed with Council Member Smith not present, to approve the Staff recommendation. Mayor Millis praised Mr. Orefice's work on the project and for being ahead of schedule. Council Member Smith returned to the dais. 8.E. RECYCLING REPORT City Manager Chris Christiansen requested the Council to - continue this item to the first meeting in February, and the Council approved the request. Mayor Millis suggested that the Staff prepare two or three viable choices for February 13, 1990, and that a public hearing be set up as soon as possible. 9.A. ESTABLISHMENT OF BANK CARD ACCOUNTS Mayor Millis and Council Member Dougall said they may have a conflict of interest on this agenda item and left the dais. It was moved by Moots/Olsen (3-0-2, Moots, Olsen and Smith voting aye, Millis and Dougall absent) to approve Resolution No. 2361 Authorizing the Creation of Revolving Account Bank'Card Debt with Local Commercial Banks. Mayor Millis and Council Member Dougall returned to the dais. 4 - : 183~ CITY COUNCIL JANUARY 9, 1990 10.A. RESOLUTION A~PROVING A JOINT POWERS AGREEMENT FOR SAN LUIS OBISPO REGIONAL TRANSIT AUTHORITY It was moved by Smith/Moots (5-0-0, Smith, Moots, Olsen, Dougall and Millis voting aye) to pass Resolution No. 2362 Approving a Joint Powers Agreement for San Luis Obispo Regional Transit Authority. 10.B. AMENDING CITY CONFLICT OF INTEREST CODE : Mr. Christiansen referred to the January 9, 1990, Staff Report of Nancy Davis, city Clerk,' who recommended that the Council ! approve a resolution amending the City's Standardized Conflict of i Interest Code. I , After Council discussion, it was moved by smith/Dougall (5-0- I 0, Smith, Dougall, Moots, Olsen and Millis voting aye) to approve : Resolution No. 2363 Adopting a Standardized Conflict of Interest Code for the city of Arroyo Grande. I 10.C. RESOLUTION DESIGNATING A LANDMARK TREE. 417 ORCHARD STREET After Council questions of Staff, it was moved by smith/Dougall (5-0-0, smith" Dougall, Olsen, Moots and Millis voting aye) to approve Resolution No. 2364 Designating a Landmark : Tree 89-53. 10.D. UPDATE ON OAK WOOPLAND SEMINAR AND RESOLUTION SUPPORTING THE CALIFORNIA OAK FOUNDATION AND "1990 - THE YEAR OF THE OAK." Mr. Christiansen referred to the Staff Report by the Planning Director on "Update on Oak Woodland Workshop." He said the workshop would be held. February .16, 1990, from 8:30 A.M. to 4:30 P.M. in the Arroyo Grande ,Woman's Club and Community Center. It was moved by SmithjMoots (5-0-0, Smith, Moots, Dougall, Olsen and Millis voting aye) to Support the California Oak Foundation and "1990 - The Year of the Oak." 10.E. LETTER OF REOUEST BY THE SOUTH CONGREGATION OF JEHOVAH'S WITNESSES FOR WATER HOOKUP AT PROPERTY LOCATED ON VALLEY ROAD. APN 75-011-46 (OUTSIDE OF CITY LIMITS) Mr. Christiansen referred to a December 26, 1989, letter from Leroy Schleusener, president of South Congregation of Jehovah's Witnesses, requesting water hookup for a church to be built on property located on Valley Road. Mr. Christiansen referred to his memorandum of January 5, 1990, and recommended that the Council deny the request. He said based on Council pOlicy, requests for water hookup outside of the City limits should be denied. He said the South San Luis Obispo County Sanitation District is requesting Council advice on sewer hookup, and denial should be recommended. MR. SCHLEUSENER spoke to the Council and said that the total water usage for the church would be only .67 acre feet. He said water was being offered outside of the City to a nearby company which does agriculture research. Mayor Millis said there are only 10 or 11 cases where water hookups are allowed, and they are generally not to new construction. Also, he urged the congregation not to build the church on prime agriculture land. It was moved by Olsen/smith, and the motion passed, to approve Mr. Christiansen's recommendation, deny the request and direct Council Member Dougall to carry the message to the Sanitation District. 5 184 -:- ."" 1 I I , I I CITY COUNCIL \ JANUARY 9, 1990 I 11. WRITTEN COMMUNICATIONS None. 12. ORAL COMMUNICATIONS 12.A. JOHN XEEN of 298 N. Elm street objected to the new more ! stringent Conflict of Interest laws. He said it is his opinion that the state law is not intended for a city the size of Arroyo Grande. He recommended writing to the State to express objections. 12.B. PAUL HADDOCK of 587 Valley Road said the older oak trees are not going to last long in our city. He said cattle are eating the young oak trees and the older oaks are dying off. '"'"\ 12.C. Mayor Millis said it is his intention to appoint, at the next Council meeting, Constantine "Gus" Kurek to the Senior Advisory Commission. 13. CLOSED SESSION The Council adjourned at 9: 06 P.M. to a Closed Session on Litigation (Maloney vs. city of Arroyo Grande, Government Code section 54956.9 (a)) and Pending Litigation (Government Code Section 54956.9 (b) (1) and Council Initiated Litigation (54956.9 I (c) . I 14. ADJOURNMENT I I On motion of Moots/smith, and the motion passed, to adjourn , at lO:10 P.M. to a Study Session on Monday, January 22, 1990, at 7:30 P.M., on the City's Water Policy. I ~~ lJi-0 I MILLIS, MA OR I I I I ATTEST: 71~'$ a. ~ I I NANCY A DAVIS, CITY CLERK i '"' 6 -~._----