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Minutes 1989-11-14 ~ 157 . . ... MINUTES MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 14, 1989 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 I~OCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Ron Shirley of St. Patrick's Catholic 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. PRESRNTATYON O~ PLAOU~ OF APPRECIATION Jean Buckner accepted from the Mayor a plaque of appreciation for her service on the Senior Advisory Commission. S. ORAL COMMUNICATIONS REUBEN KVIDT of 116 Vista Drive and PETE MILLER, attorney and general representative for the owners of Rancho Grande Development, requested a joint city Council/Planning Commission meeting to discuss the unplanned area of the Rancho Grande development. City Attorney Judy Skousen said the Council could put the requested item on a future Council agenda, or there could be a special joint session and public hearing. CARROL PRUETT, representing Mid-Coast Land Company, requested accelerated approval for the Village Creek Plaza development. city Manager Chris Christianson said that Staff has Council direction not to recommend approval until all conditions of a project are fulfilled. 6. SETTING DATE FOR EMPLOYEE GRIEVANCE APPEAL Mr. Christianson recommended that the Council refer this matter back to Staff for setting the date. It was moved by SmithjMoots, and the motion passed, to approve Mr. Christianson's recommendation. . 7. CONSENT AGEND~ It was moved by smith/Dougall, and the motion passed, to approve Consent Agenda Items 7.A. through 7.1., with the recommended courses of action. 7.A. Proclamation, "Winter Storm Preparedness Week," November 27 - December 2, 1989. So Proclaimed. 7.B. October 24, 1989, City Council Minutes. Approved. 7.D. November 1, 1989, Senior Advisory Commission Minutes. Information. 7.E. Progress payment Nos. 1 and 2, Arroyo Grande Police Station Renovation, Project 754. Approved. 7.F. Authorization to Purchase Emergency Generator, Fire Department, Unbudgeted Item. Approved. 7.G. Procurement of Additional Road Money. Information. 7.H. Acceptance of Construction of Cornwall Avenue Easement and 1 158 ~ ~ Rena street Water and Sewer Lines; Project No. 60-70-89-3. Accepted and approved. 7.1. Joint City Council and Planning Commission Meeting, November 20, 1989, 7:00 P.M. Information. 8. REGISTER OF W~ It was moved by Olsen/Dougall, and the motion passed, to approve the Cash Disbursements, as contained in the November 8, 1989, Staff Report of Finance Director David Bacon. 9.a.PUBLIC HEARING - REZQHING AND PLANNED DEVELOPMENT CASE NO. 89- V. 7 /TENTATIVE TRACT MAP 1769: (1) ZONE CHANGE FROM PD PLANNE;Q DEVELOPMENT TO R-l/PD SINGLE-FAMILY RESIDENTIAL ZONE AND D.EVELOPMENT PLAN: (2) SUBDIVISION TO CREATE 30 LOTS: FARROLL AVENUE (AT WEST CITY LIMIT LINE). HERB PHILLIPS Council Member Dougall said he had a possible conflict of ~ interest and left the dais. Mr. Christianson strongly recommended that the Council continue this Agenda item to January 23, 1990. He said there is concern about the available water supply in the City, Staff is currently studying the issue and the report should be completed around February 1, 1990. Planning Director Doreen Liberto-Blanck gave the history and issues involved in the project. She referred to the Staff Report of November 14, 1989, and said that the Planning commission made "No Recommendation" on the Rezone, and a recommendation for "Denial" on the Tentative Tract. She said the Planning Staff could not recommend a negative declaration, and the Planning Commission did not recommend a negative declaration. She said if the Council wished to approve the project, a motion of intent to approve should be made including adoption of a negative declaration. She said the Council should instruct Staff to return with an Ordinance adopting the Rezone, and a Resolution approving the remaining applications both containing the appropriate finding and conditions. Ms. Liberto-Blanck said if the Council wished to deny the project, a motion of intent should be approved and Staff instructed to return with a Resolution and findings for denial. She said the Council could also continue the item until the City has adopted a Water POlicy. She said in that case it should be aware that a decision must be reached on this project by the last council meeting in February, 1990, in order to comply with the Permit Streamlining Act. There were Council questions of Staff. BRIAN HALE of Earth Systems Environmental, Inc. said he had conducted tests of the soil where the proposed project is located. He said soil samples collected from the site and submitted for laboratory analysis contained no detectable concentrations of Organochlorine pesticides, and based on the results of this limited_ sampling program, it appears unlikely that residual DOT and its breakdown products are present within near surface soils at the site. 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 project were JIM MCGILLIS, San Luis Engineering surveyor speaking on behalf of the owners of the property: MRS. CHIYOKU OKUI, one of the property owners; MARLENE MACHADO MCGILLIS, whose family has lived in Arroyo Grande for many years, and EARL FOSTER, 940 Rose Court, Grover City, a neighbor of the property in question. They said the benefits to the City of 2 - ~. -, 159 the project would include the extension of Oak Park Boulevard, the payment of a traffic mitigation fee, new access to a new City ballfield, and possible sewer laterals and well sites. KARL KEMPTON of Oceano and ANNE STEELE of Grover City expressed concerns about pesticides being used in the farming of the land in question. They requested a focused Environmental Impact Report on the public health hazard on the proposed project as well as a health risk assessment report from the Department of Health. They asked for more soil samples to be taken and tests for pesticides and fertilizers conducted. . They said agricultural chemicals used should be noted on property deeds. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. After Council discussion, it was moved by Smith/Olsen, and the motion passed, to continue the Agenda Item to January 23, 1990, when the Council has formulated a policy on City water. Mayor Millis and Council Members said that this project has very positive features but that the Council does not know for sure how much water is left for new uses in the City and needs information from staff as soon as possible. Council Member Olsen expressed concerns that the 10 acres designated for farming could also be developed and would add another 30 homes. Council Member Dougall returned to the dais. 10.A. UPDATE ON BRIDGE STREET BRIDGE AT ARROYO GRANDE CREEK Public Works Director Paul Karp said that rehabilitation of the bridge is well into the design phase. He said the engineer will have the project ready to go to bid in December, 1989. He said construction will begin early in 1990. JACK PENCE, an optometrist at 134 East Branch street, and RANDALL VOSS, a dentist at 145 Bridge street, requested that the City construct a temporary pedestrian crossing. JEAN BUSH of 730 stagecoach Road presented a petition and letters to the Council from merchants in the vicinity of the bridge. The petition listed the percentage of business loss the merchants have experienced. JOANNE NEUHAUS, manager of McLintocks, and CAROL GEMEINHARDT, Creative Cakes and Company, questioned the speed with the which the City Statt is moving on the project. Ms. aemeinhardt asked about reclaiming some of the repair costs from the insurance company of the driver who damaged the bridge. Mr. Karp said he was in contact with the insurance company and trying to reclaim some of the repair costs. Concerning the questions about a pedestrian crossing over Arroyo Grande Creek through the Kiwanis Park, Mr. Karp said the State Department of Fish and Game probably would not give its approval. Mayor Millis directed Staff to provide weekly bulletins to the merchants on the progress of the bridge rehabilitation. 10.B. HOOK RAMPS AT CAMINO MERCADO Mr. Christianson said that the State Department of Transportation has required a resolution authorizing execution of an agreement between the three South county cities for changes in the Oak Park Interchange. The agreement was approved by the council November 14, 1989. It was moved by smithjMoots (5-0-0, Smith, Moots, Dougall, Olsen and Millis voting aye) to approve Resolution No. 2353 Authorizing Execution of a cooperative Agreement Between the Cities of Arroyo Grande, Grover City and Pismo Beach for the Revision of 3 160 ,....--. ,-, the Oak Park Interchange. 10.C. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY AND WESLEY STREET Mayor Millis and Council Member Dougall said they had possible conflicts of interest and left the dais. Mr. Karp referred to his November 3, 1989, Staff Report, and recommended that the Council accept on behalf of the public the Perpetual Offer of Dedication for widening Grand Avenue as part of the intersection improvements of Grand Avenue, West Branch Street, Wesley street and Traffic Way (Project No. 90-89-3). It was moved by Moots/Olsen, and the motion passed, to approve the Staff recommendation. Mayor Millis and Council Member Dougall returned to the dais. ~ 10.D. POLICE FACILITY EXPANSION Mr. Christiansen said that the project is four weeks ahead of schedule. 10.E. CONSTRUCTION OF THE SHALLOW PASO ROBLES AND DEEP PISMO TEST WELLS. PROJECT NO. 60-89-2 Mr. Karp referred to his November 1, 1989, Staff Report, and reported that completion of the wells will be delayed because the contractor, whose headquarters are in Watsonville, has been adversely affected by the recent Earthquake. Mr. Karp said he would continue to work with the contractor to bring the project to the earliest possible conclusion. 11.A.LETTER OF REOUEST TO CONSTRUCT A RETA7N7NG WALL TALLER T~N THE 30-INCH STANDARDS OF ROYAL OAKS. LOT 18B. 445 MERCEDES LANE (MR. AND MRS. S. MITCH GILLILAND) Mr. Christiansen referred to his October 20, 1989, memorandum and recommended that the Council approve the request with the following recommendation: (1) The retaining wall shall be designed to city standards and/or bY a civil Engineer. (2 ) Retaining wall will not create any drainage problems to adjacent properties, existing drainage swales and structures. It was moved by Smith/Dougall (4-0-1, Smith, Dougall, Olsen and Millis voting aye, Moots abstaining). The motion passed. l2.A. HANDICAP RAMPS - CITY HA~ Mr. Christiansen referred to his memorandum of November 8, 1989, and recommended that the City council approve the low bid from Hayes and Silva Construction of $6,340.32 to build a handicap ramp at City Hall. It was moved by Olsen/Smith, and the motion passed, to approve Mr. Christiansen's recommendation. - 12.B. RESOLUTION DESIGNATING A LAND~ TREE. 140 PINE STREET Mr. Christiansen recommended that the Council refer the resolution to the Planning Commission for consideration and recommendation. It was moved by Olsen/Dougall, and the motion passed, to approve Mr. Christiansen's recommendation. 12.C. APPROVAL OF PARCEL HAP AG 86-065: LOT SPLIT CASE NO. 86-429. AND a6-4~O (SUNRrSE TgRRACE HOMES LIMITED\ Mr. Karp referred to his November 7, 1989, Staff Report, and recommended that the Council find the required pUblic improvements are necessary prerequisites to the orderly development of the community, and: 4 -, ,-.. - 161 (1) accept on behalf of the public the offer of dedication for Valley Road subject to completion of the improvements required as conditions to the approval of the referenced lot split cases; and (2) reject without prejudice to future acceptance the offers of dedication for drainage easements shown on the map; and (3) authorize the city Manager to execute on behalf of the City the attached Declaration of Covenants and Restrictions establishing a joint road private driveway maintenance and repair obligation for the benefit of Parcels 1, 2, and 3, shown on Parcel Map AG 86-065; and (4) find the Parcel Map Ag 86-065 is consistent with the conditionally approved tentative maps for Lot Split Case No. 86- 429 and 96-430, found by the Planning Commission to be consistent with the General Plan and City zoning; and (5) approve Parcel Map AG 86-065. Council Member Moots asked what Parcel 2 would be used for, and NOEL RIGA of Engineering Development Associates said he did not know the answer to that question. Council Member Moots said he would not approve storage of boats or recreational vehicles for that parcel. It was moved by smith/Dougall, and the motion passed, to approve the recommendations in Mr. Karp's Staff Report. 1~. WRYTTRH COMMUNYCATtONS Hr. Christiansen requested a four-fifths majority vote of the Council to consider three emergency items: (1) To fill a position in the Public Works Department (2) To allocate $5,000' to Planning for assistance in processing applications. (3) '1'0 chanqe the policy of vehicle usage in the Public Works Department. City Attorney Skousen said that each of the items should be taken up separately. l.~..A.. It was moved by smith/Olsen (5-0-0, Smith, Olsen, Dougall, Moots and Millis voting aye) to. approve for discussion an item concerning the filling of a Public Works Department position with a Director of Water Conservation Services/Assistant City Engineer, and make a finding that the item came up after the Agenda was printed. . Mr. Christiansen said that no additional money would be involved, and that budget for a position vacated by the former Special projects Engineer could be utilized'for this position. He said that 50 percent of the job would be in the area of water conservation and 50 percent would be Assistant City Engineer. He said the salary would be $42,000. It was moved by Olsen/Smith, and the motion passed, to approve Mr. Christiansen's recommendation. 13..B.. It was moved by Smith/Olsen (5-0-0, Smith, Olsen, Dougall, Moots and Millis voting. aye) to approve for discussion an item concerning a $5,000 allocation to the Planning Department budget, and make a finding that the item came up after the Agenda was printed. 5 16 2 .~ -, Mr. Christiansen said the Planning Department needed assistance in processing the large number of project applications that had been coming in. Ms. Liberto-Blank explained that project applications cannot be refused. She said there are State mandated deadlines for accepting and making decisions on projects. She said if those deadlines are not met by the city, the projects are automatically accepted. She said there are currently 450 lots proposed for development in the City. There was Council discussion of ways to slow down development in the City, the necessity for a city water policy, and details of the jOb Ms. Liberto-Blanck said the need for assistance would not be long-term, that she had a planning firm in mind which could help, and that the fee paid would be $35-$60 per hour. She said she would provide the council with Planning Department project status ~ report. Mayor Millis said the Council would not want projects automatically approved because of a shortage of Staff in the Planning Department. It was moved by Smi th/Dougall , and the motion passed, to approve Mr. Christiansen's recommendation. D.C. Mr. Christiansen said a change in the city vehicle policy in the Public Works Department is necessary. He said the Public Works Superintendent has been using his personal automobile for driving to the City Yard to pick up the City vehicle to answer emergency calls. It was moved by smith/Dougall (5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to approve for discussion an item concerning the vehicle policy in the Public Works Department, and make a finding that the item came up after the Agenda was printed. Mr. christiansen requested that the Public Works superintendent be allowed to take a city vehicle to his home after working hours so that he could respond to City emergencies directly. Council Members asked questions about the change in city policy, and if a strict log was kept. It was moved by smith/Dougall (4-1-0, smith Dougall, Olsen and Millis voting aye, Moots voting no) to approve Mr. Christiansen's recommendation. 14. ORAL COMMUNICATION~ 14.A. John stallsmith of the service Employees International Union, Local 817, requested that the council set a date for the grievance_ procedure referred to in Agenda Item 6. He said he had come to the meeting to set the date. city Attorney Skousen said she is going to explore with the SEIU attorney hiring a hearing officer. Mr. stallsmith said he would like the hearing to be before the City Council. After further discussion, the Council said it would wait until the next Council meeting to set the date, after the attorneys for the City and SEIU have met and conferred. Mr. stallsmith said dates the SEIU prefers include December 4, 6, 7, 11, 12 and 20, 1989. 14. B. Mayor Millis said it was his intention to nominate Phil Romero to the Senior Advisory Commission at the next council meeting. CLOSED SESSION 6 . . - 163 It was moved by Smith/Dougall, and the motion passed to adjourn at 9:45 P.M. to a Closed Session on Personnel and Potential Litigation (Government Code section 54956.9(b). ADJOURNMENT . The Council reconvened at 10:55 P.M., and it was moved by Moots/Olsen to immediately adjourn. The motion passed. ~ kfta YOR ' ATTEST: t1~ {j,. ~~ C Y CLERK ........