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Minutes 1991-07-23 ,,- -~ MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 23, 1991 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. l. & 2. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our flag, and the Rev. Ehrhardt Lang delivered the invocation. 3. 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. Also present were city Manager Chris Christiansen, Assistant City Attorney Dale Mitchell, City Clerk Nancy Davis, Public Works Director Paul Karp, Current Planner Scott Spierling, Chief of Building and Fire Doug Hamp, and Chief of Police Rick TerBorch. 4. ORAL COMMUNICATIONS None 5. PRESENTATION OF PLAOUE OF APPRECIATION TO JAMES HEWITT. FORMER PARKING AND TRAFFIC COMMISSIONER Mayor Millis presented the plaque to Mr. Hewitt, and thanked him for his five years of service on the Parking and Traffic Commission. 6. CONSENT AGENDA It was moved by Dougall/Olsen, and the motion passed to approve Consent Agenda Items 6.B. through 6.I, with the recommended courses of action. 6.B. July 9, 1991 City Council Minutes. Approved. 6.C. July 3, 1991, Senior Advisory Commission Minutes. Information. 6.D. May 20, 1991, Parking and Traffic Commission Minutes. Information. 6.E. Second Quarter, Departmental Monthly Reports. Information. 6.F. Letter of Support, Women's Shelter Program. Approved. 6.G. Final Billing, city Project No. 60-90-3; Construction of Water Well No. 8. Approved. 6.H. Oak Park Interchange; utility Agreement With Caltrans; Adjustment of 4 inch Blow Off Pipe. Mayor Authorized to Sign. 6.1. Agreement for Animal Control Services; 1991-92 Fiscal Year. Mayor Authorized to Sign. 6.A. Proclamation Commending Police Dispatcher Vickie Cardoza for Saving a Life. Mayor Millis read the Proclamation and commended Ms. Cardoza for saving the life of a baby who had stopped breathing. 7. REGISTER OF CHECKS It was moved by Dougall/Olsen, and the motion passed to approve Cash Disbursements in the amount of $973,371.85, as listed in the July 18, 1991 Staff Report of Finance Director David Bacon. 1 _._-~-~-------- " --, CITY COUNCIL MINUTES JULY 23, 1991 8.A. GENERAL PLAN AMENDMENT CASE NO. 90-01 AND PD-REZONE CASE NO. 90-220 (VISTA DEL MAR): (1) AMEND THE ARROYO GRANDE GENERAL PLAN LAND USE DESIGNATION FROM HILLSIDE RESIDENTIAL TO PLANNED DEVELOPMENT: (2\ REZONE THE PROPERTY "PD" - "PLANNED DEVELOPMENT" TO ALLOW DEVELOPMENT OF 150 SINGLE-FAMILY RESIDENCES: GENERALLY SOUTH OF ARROYO GRANDE HIGH SCHOOL. EAST OF VALLEY ROAD. AND WEST OF HIGHWAY 101: WILMA-PACIFIC. INC. Mayor Millis said he may have a conflict of interest in this matter and left the room. Mayor Pro Tem Moots presided. Mr. Spierling referred to the July 23, 1991 Staff Report of Michael Multari, consultant for the City. Mr. Spierling said the Planning Commission has recommended that the Council (1) Adopt the resolution denying General Plan Amendment 90-01 and PD Rezone 90- 220, and (2) Adopt the resolution certifying the Environmental Impact Report, as amended in Exhibit "A" for the project. He said if the Council votes to Certify the EIR, a sentence on Page 4-3 under Project Objectives should be stricken from the document. He said the applicant is nm;. requesting approval of a Development Agreement as is stated. Council Member Olsen listed concerns and changes she recommended in the Environmental Impact Report. The first was the above change recommended by Staff. Others were on Page 4-9, deletion of second sentence ,at top of page; Page 5-32, deletion of the second and third sentences of the first paragraph regarding presenting to the voters in the November (1990) and June, 1991 election ballots the proposal to import State water, and Page 5-69, deletion of the last sentence of the last paragraph. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Pro Tem Moots declared the hearing open and said all persons would be heard regarding the matter. Speaking in favor of the project were JOHN WILBANKS of RRM Design Group, HAYTHEM DAWLETT of Wilma Pacific, and CARLO ALFANO of RRM Design Group. They said the project would provide affordable housing for the ci ty , drainage improvements, circulation improvements and orderly growth in conjunction with future high school expansion. Mr. Wilbanks requested that the wording in the Resolution Certifying the EIR, Exhibit "A," Item 3. Water Supply, last sentence of the paragraph should be changed to read, "Even with full implementation of water conservation, the City ~ not have adequate resources available to satisfy projected water demand from General Plan build out. He said if the sentence is not changed it would be prejudicial in nature to any future projects for the site. Mr. Karp said the wording proposed in the EIR is founded in fact and totally consistent. HERMAN OLAVE of 222 West Cherry and PAUL HADDOX of 587 Valley Road expressed concerns about traffic caused by the proposed development. Mr. HADDOX said the EIR was in error on Page 5-42. He said during rainy seasons three ponds form on his property. Mr. Dawlett said the developers would not be pushing water anywhere, and would be constructing a detention basin. When no one further came forward to speak, Mayor Pro Tem Moots closed the hearing to the floor. ' Council Members discussed extensively the concerns about the EIR, especially the drainage concern of Mr. Haddox. It was decided that the Resolution certifying the EIR would be continued to the 2 ", .. CITY COUNCIL MINUTES JULY 23, 1991 next meeting. It was moved by Dougall/Olsen (3-0-2, Dougall, Olsen and Moots voting aye, Millis and smith absent) to approve Resolution No. 2481 Denying the Applications for General Plan Amendment 90-1 and Planned Development Rezone 90-220 (Vista Del Mar). It was moved by Dougall/Olsen (3-0-2, Dougall, Olsen and Moots voting aye, Millis and Smith absent) to continue the discussion of the proposed Resolution certifying the EIR to the meeting of August 13, 1991. Mayor Millis returned to the dais. 8.B. PUBLIC HEARING - APPEAL OF REVOCATION OF HOME OCCUPATION PERMIT NO. 89-29: 1164 PACIFIC POINTE WAY: RANDY MARTYN Mr. Christiansen said that Mr. Martyn had requested that the public hearing be continued to August 13, 1991; so that he would have more time to gather facts for his case. Mr. Spierling referred to the July 23, 1991 Staff Report of the Planning Director, which recommended that the Council uphold the Planning Commission's revocation of the home occupation permit by minute motion. 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. HOWARD RICKING of 1180 Pacific pointe Way spoke against continuing the public hearing, and said that Mr. Martyn was still parking a truck and trailer illegally in his driveway. JEAN DALMONTE of 1164 Pacific pointe Way also spoke against the continuance and said the problem had gone on for two years and three months. She said Mr. Martyn also has a full-time employee who parks in front of his house. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. After Council discussion, it was moved by Dougall/Olsen, and the motion passed to not continue the item and to uphold the Planning Commission's revocation of the home occupation permit. Council Member Olsen asked what would happen if Mr. Martyn continued to operate his business from his home, and Mr. Spierling said citations could be issued or the Public Nuisance Abatement procedure in the City's Municipal Code could be followed. 9.A. HOOK RAMPS AT CAMINO MERCADO No Report. 9.B. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY No Report. 9.C. NACIMIENTO WATER SUPPLY PROJECT Mr. Christiansen referred to the July 17, 1991 Staff Report of the Public Works Director, and said the cities and County would be holding a "scoping" meeting on this project August 1, 1991. Mayor Millis directed Staff to participate. ' 10.A. BUILDING JANITORIAL AND MAINTENANCE BIDS Mr. Christiansen referred to the July 23, 1991 Staff Report of the Director of Building and Fire, who recommended that the Council 3 --~~--- ,- -, CITY COUNCIL MINUTES JULY 23, 1991 award the contract for cleaning of the City buildings to the low bidder, American Janitorial of Santa Maria in the amount of $27,480.00. Mr. Christiansen said the specifications included the furnishing of paper products by American Janitorial. It was moved by Olsen/Moots (3-1-1, Olsen, Moots and Millis 'i ! voting aye, Dougall voting no, and Smith absent) to award the city building janitorial and maintenance contract to American Janitorial of Santa Maria in the annual amount of $27,480.00. 10.B. DEED OF CONVEYANCE. HAMMERHEAD AT 502 MAY STREET Mr. Christiansen referred to a May 22, 1991 letter from Wilbur L. Fisher, who owns property at 502 May street, which included a hammerhead. Mr. Christiansen recommended that the Council deny Mr. Fisher's request that the City take over ownership and maintenance of the hammerhead. MR. FISHER said the hammerhead was not constructed for his use, that he did not need it and would not have purchased the property if he had known that he was responsible for the maintenance of it. Council Member Dougall said he was absent at the previous meeting when Mr. Fisher first requested the City to take over the hammerhead, but that he had listened to the tape of the meeting. After further discussion, Council Members agreed that the lot spli t which included Mr. Fisher's lot, was approved with the condition that the owner of his lot would be responsible for the hammerhead. It was moved by Olsen/Moots, and the motion passed to deny Mr. Fisher's request that the City take over ownership and maintenance of the hammerhead at 502 May Street. 10.C. SECOND READING OF ORDINANCE RELATING TO APPLICATIONS FOR WATER SERVICE. ACCOUNT DELINOUENCIES. AND CHARGES FOR REINSTALLING METERS. BY AMENDING CHAPTER 7 DF TITLE 6. SECTIONS 6-7.03. 6-7.04, 6-7.05 (a) AND (b). and 6-7.06. It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots and Millis voting aye, smith absent) to adopt Ordinance No. 441 c.s. Amending the Arroyo Grande Municipal Code Relating to Applications for Water Service, Account Delinquencies, and Charges for Reinstalling Meters, by Amending Chapter 7 of Title 6, Sections 6-7.03, 6-7.04, 6-7.05 (a) and (b), and 6-7.06. 11.A. REDUEST OF TOM RUNELS TO DISCUSS STATE WATER TOM RUNELS of 586 Valley Road said he and several of the growers in the Arroyo Grande Valley had gotten mixed signals from actions the Counc.il had taken recently by turning "thumbs down" on the State Water project on the one hand, and on the other hand saying the farmers of the city and Arroyo Grande Valley would be protected and water was one of the main concerns. He said if State Water is not accepted, sooner or later the farmers' water would be taken. It was moved by Council Member Olsen that the Council put the issue of State Water to the ballot in the November, 1992 General Election. The motion was seconded by Council Member Moots. Council Member Olsen said there are court cases pending that are so complicated they probably will not be solved befoYe the 1992 election. She said it would not be an advisory election, but that the people of Arroyo Grande would decide whether or not to accept State Water. 4 ________u -----...--- -- , CITY COUNCIL MINUTES JULY 23, 1991 Mayor Millis said he supported placing the issue on the 1992 ballot when there will be the highest turnout of voters. He said there are other water sources such as reclamation of the water going to the ocean being used to recharge our ground water. He requested a Staff report on the issue of reclamation of water. Council Member Olsen said the City would be able to get only 500 acre feet of state Water at a cost of $1,000 an acre foot. She said the City still would need alternate sources of water to avoid stealing the farmers' water. Council Member Moots said he would support having the residents of the City vote on whether the City accepts state Water. He said it is just a matter of timing. He said the City should look at all other sources of water also. Mayor Millis called for a roll call vote on the motion, and voting aye were Council Members Olsen, Moots, Dougall and Mayor Millis. council Member Smith was absent. The motion passed. 11.B. POSSIBLE EXISTENCE OF A PUBLIC NUISANCE AT 513 BAKEMAN LANE; MR. AND MRS. JUDSON TRIMMER Council Member Dougall said he may have a conflict of interest on this matter and left the room. Mr. Karp said there was an error in the second paragraph of the proposed resolution. He said the sanitary sewer easement did not belong to the city of Arroyo Grande. It was moved by Moots/Olsen (3-0-2, Moots, Olsen and Millis voting aye, Dougall and smith absent) to approve Resolution No. 2482 stating That a Public Nuisance May Exist at 513 Bakeman Lane and setting a public hearing on the matter for August 27, 1991. Council Member Dougall returned to the dais. 11.C. PEDESTRIAN WALKWAY; TRACT 1724 Mr. Christiansen recommended continuing this item to August 13, 1991, because there would not be a quorum to vote on the matter at this meeting. He said Council Member Dougall and Mayor Millis had said they may have conflicts of interests on the issue, and council Member Smith was absent. l1.D. IRRIGATION METERS; REOUEST FROM CALTRANS; WATER SERVICE OUTSIDE OF CITY; OAK PARK INTERCHANGE RECONSTRUCTION AT U.S. 101; WATER POLICY Mr. christiansen referred to the July 17, 1991 Staff Report of the Public Works Director, who recommended that the Council consider the request from the Caltrans landscape architect for two water services, to be used to serve as irrigation meters for establishment of landscaping for the portions of the project which lie adjacent to the freeway at Camino Mercado and near the intersection with Oak Park Boulevard. Council Member Olsen said Caltrans should use the non-potable water from the City's well, but Mayor Millis and council Members Dougall and Moots said the city should accede to Caltrans' request so the project would not be delayed. It was moved by Moots/Dougall, and the motion passed, to approve the request from Caltrans, with the conditiqn that the water meter will be taken out at the end of five years. 11.E. DESIGNATION OF LANDMARK TREE. 344 VIA BANDOLERO It was moved by Moots/Dougall (4-0-1, Moots, Dougall, Olsen and Millis voting aye, Smith absent) to approve Resolution No. 2483 5 ~ i CITY COUNCIL MINUTES JULY 23, 1991 " Designating a Landmark Tree 91-61. 11.F. REPORT FROM ARROYO GRANDE HOSPITAL TO ISSUE APPROXIMATELY 1.9 MILLION DOLLARS IN CERTIFICATES OF PARTICIPATION: SCOTT GROSS SCOTT GROSS of vista Hospital Systems and representing Arroyo Grande Hospital referred to his July 23, 1991 memorandum to the City Council, and said the purpose of the city's participation in the issuance of tax exempt bonds would be to purchase land adjacent to the Hospital, which is being marketed by the owner. He said the advantage to the hospital is the controlled development of the land in order to enhance its future and eliminate competitive threats. He said the proposed financing structure permits the hospital to J develop the land and realize the positive impact on revenues before having to service the debt. He said there would be no liability to the city. There were council' questions with regard to the parcel location, the proposed city street running through the property, the Health Park on the property and the city policy of dedicating a portion of creek side property to the city. Mr. Gross requested that this matter be put on the" August 27, 1991 agenda. He said vista Hospital Systems would pay for the City to hire an independent counsel to evaluate the proposal. Mr. Christiansen said he would ask Attorney Dave McEwen to assist the City. council Member Moots said he would like to see a map of the parcel at the next meeting. Council Members directed Staff to set a Public Hearing on the matter at the Council Meeting of August 27, 1991. 12. WRITTEN COMMUNICATIONS None. 13. ORAL COMMUNICATIONS Council Member Dougall said weeds need clearing on property at Barnett Street and Grand Avenue. Council Member Moots said the dirt pile at Halcyon Road and El Camino Real is still there, and asked Staff to look into the matter. .. 14. CLOSED SESSION The council adjourned to a Closed session on labor relations at 9:47 P.M. 15. ADJOURNMENT The council reconvened and it was moved by Moots/Dougall to immediately adjourn the meeting at 10:20 P.M. Th~ motion passed. ~~'~" ~ J . ATTEST: CLERK , 6 - ----_._~ . -~-_._--------.. ----,--- "'-'--'--'~'-' ---- --- -~---