Minutes 1991-02-12
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAV, FEBRUARY,12, 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 present.
1. AND 2. FLAG SALUTE AND INVOCATION
Mayor Millis led the Pledge of Allegiance to our Flag, and the
Rev. Ehrhardt Lang of First United Methodist Church delivered the
invocation.
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, 3. ROLL CALL
I Present were Mayor Millis and Council Members Dougall, Moots,
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Olsen and Smith. Staff members present were City Manager Chris ,
Christiansen, City Attorney Judy Skousen, City Clerk Nancy Davis, ,
Planning Director Doreen Liberto-Blanck, Public Works Director Paul -.J
Karp, Chief of Police Rick TerBorch and Finance Director Dave
Bacon.
4. PRESENTATION OF PLA~UE OF APPRECIATION TO BELINDA VIDAL. FORMER
DOWNTOWN PARKING ADVISORY BOARD MEMBER
Belinda Vidal was unable to attend. Staff was directed to
! present the plaque to her.
5. ORAL COMMUNICATIONS
None.
6. CONSENT AGENDA
After questions of Staff, it was moved by Smith/Dougall, and
the motion passed to approved Consent Agenda Items 6.A. through
6.K., with the recommended courses of action.
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6.A. February 6, 1991, Senior Advisory Commission Minutes.
I Information.
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i 6.B. January, 1991, Investment Report. Information.
6.C. Annual General City Audit. Information.
6.D. Liability Claim. Pedro Araya. Claim Rejected.
6.E. Purchase of Laser Printer; Planning Department: Budgeted Item.
Approved.
6.F. Authorization for Mayor to Sign Contract with California
Coastal Conservancy for City to Prepare a Coordinated Agricultural
Protection Program. Authorized.
I 6.G. Allocation of Funds for planning Commission to Attend League
I of California cities Planning commission Institute. Approved.
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I 6.H. Purchase of vactor Fan and Pump Kit: Public Works Department:
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, Budgeted Item. Approved.
I 6.1. Purchase of Asphalt Paving Box: Public Works Department: ...)
I Budgeted Item. Approved.
6.J. Request for permission to Solicit Bids for Construction of
I Sewer Main; Nelson, Project No. 70-91-1. Approved.
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I 6.X. Award of Bid, Construction of Well No.9, pumping Equipment,
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Chlorination Equipment, and Electrical Equipment: project No. 60-
i 94. Approved.
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I 7. REGISTER OF CHECKS
It was moved' by Dougall/Smith, and the motion passed, to
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approve cash disbursements in the amount of $1,008,598.77, as
contained in the February 6, 1991 Staff Report of Finance Director
David Bacon.
S. PUBLIC HEARING - VARIANCE CASE NO. 90-154: SIGN PERMIT CASE NO.
90-100: VARIANCE FROM ZONING ORDINANCE REOUIREMENTS TO ALLOW THREE
( 3) SIGNS (ZONING ORDINANCE ALLOWS TWO (2) SIGNS): AND PLANNED SIGN
PROGRAM: LYON'S RESTAURANT. 850 OAK PARK BOULEVARD.
The Planning Director referred to her Staff Report of February
12, 1991, and said the Planning Commission had recommended that the
Council approve the Variance and Planned Sign Program.
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.
ROBERT D. SMITH of Creative Signs said he was present at the
"- meeting to answer any questions.
When no one further came forward to speak, Mayor Millis closed
the hearing to the floor.
It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen,
Moots and Millis voting aye) to approve Resolution No. 2444
Recommending Granting a Variance, Case No. 90-154, Applied for by
Lyon's Restaurants, Inc. Located at 850 Oak Park Boulevard,
exceeding the number of signs allowed for a single use.
It was moved by Smith/Dougall (5~0-0, Smith, Dougall, Olsen,
Moots and Millis voting aye) to approve Resolution No. 2445
Approving a Planned Sign Program, Case No. 90-100, Applied For by
Lyon's Restaurants, Inc., at 850 Oak Park Boulevard.
S.B. PUBLIC HEARING - AMENDMENT OF MUNICIPAL CODE SECTIONS 6-7.01
AND 6-7.22 RELATING TO INCREASING WATER AND LOPEZ RATES: CITYWIDE.
Mr. Christiansen referred to the Finance Director's January
24, 1991 Staff Report. He said it is recommended that the Council
increase water rates in three (3) tiers, one in May of 1991,
another in September of 1991, and the third in January of 1992. He
said it also is recommended that the Council increase Lopez user
rates and the Lopez availability charge hookup fee by $50.00. He
said the recommended rate increases for the average homeowner would
increase the rate $1.65 in May, 1991, with additional increases of
$1.70 in September, 1991, and $2.30 in January, 1992.
Mr. Christiansen also recommended that purchased construction
water be increased to $7.30 per 100 cubic feet of water acquired
for building purposes. He said the PUblic Works Department is
installing a hydrant at the So to Sports Complex in order to sell
non-potable water that the City uses to irrigate the Soto Sports
Complex. He said the city presently has a surplus, but if that
surplus water is not available, construction water will not be
sold. He said the $7.30 increase per 100 cubic feet represents the
City's capital costs for installing a hydrant and manpower to fill
the water trucks along with Lopez charges.
There were questions of staff, and, 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 against the water rate increases were SAM POLINO of
145 Alder Street, JAMES O'KEEFE of 1351 Grand Avenue, and MARIE
CATTOIR of 195 Orchid Lane. They said the City should not penalize
the people who are conserving water; the city is allowing too many
new homes to be built: the city should reduce the number of
employees in the Water Department; the percentage of increases is
too high; the water quality is not good, any increases should be
used to improve the quality, and Lopez fees are too high.
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JIM MCGILLIS of 133 Bridge Street said the City's treatment of
the water with an ozone chlorination system will make the water
taste better, and some people will save money.
When no one further came forward to speak, Mayor Millis closed
the hearing to the floor.
Mayor Millis directed Staff to look into the City's "water
shut-off" procedures, and said there should be a more humane way of
handling the matter. He also said the city has nothing to do with
recreational fees at Lopez Lake, and that Arroyo Grande residents
are paying only for water storage and treatment lines.
The Council's questions and comments included, the necessity
for the water fund to, pay for itself, the number of employees
working in the Water Department, the priority list of water
I(rojects to be undertaken by the City and the reasons why the I
1ncreases are necessary. I
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Mayor Millis asked the Council to consider a city newsletter ~
so that issues like the water rate increase could be explained to
the public. He said the city needs to communicate better with the
pUblic.
Mr. Christiansen read the title to the Ordinance Amending the
Arroyo Grande Municipal Code Relating to Arroyo Grande city Water
i Rates by Amending Chapter 7 of Title 6, Section 6-7.01 (a), (b),
I (c), and (d) and Relating to Lopez Rates by Amending Chapter 7 of
Title 6, section 6-7.01 (g) and Section 6-7.22 (a) (iii). It was
moved by smith/Moots, and the motion passed, to dispense with
further reading of the Ordinance. Mayor Millis said that
constituted the first reading of the Ordinance.
9.A. HOOK RAMPS AT CAMINO MERCADO
Mr. Christiansen referred to the January 31, 1991 Staff Report
of Mr. Karp. He said the State is planning to open bids for
construction of the Oak Park Interchange in September, 1991. Mr.
Christiansen said the Mayor will be meeting with Caltrans on
February 14, ~991.
9.B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND
AVENUE/TRAFFIC WAY AND WESLEY STREET
No Report.
9. C. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY. AND 9. D. REOUEST
COUNCIL AUTHORIZATION TO WRITE A LETTER TO THE STATE WATER OUALITY
CONTROL BOARD REGARDING CUMULATIVE GROUNDWATER CONCERNS
ci ty Attorney said she would like to combine Agenda Items 9. C.
and 9.D. into one report the Council. She said the Staff met with
County Supervisor Ruth Brackett concerning projects on the fringe
of the city, which have been appealed by the City. She said all
issues have been resolved except the concerns abOut the drilling
for water and septic tanks contaminating the ground water. She
asked the Council to authorize the writing of a letter to the State
Water Quality Control Board with regard to the cumulative effects I
of ground water contamination by septic tanks. I
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It was moved by Olsen/Smith, and the motion passed, to approve ~
the City Attorney's recommendation.
Council Member Olsen said that the Council's next agenda
should include a report of the Ground Water Study.
, PROPERTY TRANSFER - FIVE ACRES
: Mayor Millis and council Member Dougall started leaving the
dias saying they were leaving the room because of possible
I conflicts of interests.
i ci ty Attorney Skousen said the Mayor and Council Member
Dougall did not need to leave the room; that this was information
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only; that there would be no discussion, and that no action needed
to take place. She said the Mayor and council Member Dougall would
not be participating in a decision because she was not asking for
decisions.
Mayor Millis said they had left the room at other meetings
where this matter was discussed.
Ms. Skousen said those meetings were for reports for further
action and the Council needed to take no further action at this
meeting. She said she just wanted the Council to see the deed (to
the five acres granted by Royal Oaks Estates).
la.A. APPOINTMENT OF ANNE WAITERS TO THE DOWNTOWN PARKING ADVISORY
BOARD: TERM EXPIRES JUNE 30. 1991
Mayor Millis nominated Anne W. waiters to the Downtown Parking
Advisory Board, and the Council unanimously approved.
',- 10.B. MODIFICATIONS TO EXISTING SPEED LIMITS ON VARIOUS STREETS
WITHIN THE CITY OF ARROYO GRANDE
Mr. Christiansen referred to the February 6, 1991 Staff Report
of Mr. Karp, who wrote that it was the recommendation of the
Parking and Traffic Commission that City Council review the
recommendations of the Police Chief and the minutes of the
Commission's last regular meeting in an effort to correct existing
problems in the speed limits deemed appropriate by both the
Commission and the Police Department.
Mr. Christiansen said the Parking and Traffic Commission put
a great deal of work into this and is not particularly happy with
increasing the speed limits in various parts of the City. He said
they felt they had no choice. He said State law requires the city
to conduct a speed survey to get the average speed being traveled
on a street. He said if the Council does not increase the speed
limits to the survey speed, the police will not be able to give
tickets to cars going faster than the posted speed but less than
the survey speed.
Chief TerBorch stressed that the Public Works Department
surveyed 11 streets in the City, and only 6 showed the need to
raise the speed limit.
Council members' discussion included, holding a public hearing
on increasing speeds on certain streets, speed in residential areas
of the City, the belief that the public wants traffic to be slow,
what constitutes "school hours" speed, and the use of radar to
catch speeders.
Ms. Skousen said there is a whole body of State law that
supersedes the Council discretion on speed limits, and the police
may not be able to give speeding tickets if the limits are not
raised on certain streets. She said the Court may throw out all
tickets.
MRS. CATTOIR said the Council should take into consideration
that the world is currently concerned about fuel use.
~ After further discussion, it was moved by Dougall/Olsen, and
the motion passed, to continue this agenda item to a future agenda
and in the interim period Staff shall provide the Council with the
detailed report of Police Chief TerBorch.
la.C. LOT SPLIT CASE NO. 88-461: MAP CASE NO. AG 89-164:
NELSON/CERTIFIED FREIGHT: LARCHMONT DRIVE.
Mr. Karp referred to his February 6, 1991 Staff Report and
said that it was the recommendation of the Planning Commission that
the City Council adopt an interpretation of Public Works condition
No.7, of Resolution No. 2292, which would permit the city staff to
approve improvements plans for the referenced parcel map on the two
street frontages in conformance with previous City Council policy
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for both streets.
council Members discussed with staff and JIM MC GILLIS of San
Luis Engineering the use of asphalt berm versus concrete curbs and
gutters.
It was moved by Olsen/Smith, and the motion passed, to approve
the recommendation to authorize the Staff tO,permit construction of
concrete curb and gutter only on Larchmont frontage including
driveway apron at the alignment shown on the sketch attached to the
February 6, 1991 Staff Report of Mr. Karp. . In answer to Council
Member smith, Mr. Karp said the West Branch Street improvements
would be installed in accordance with the recommendation on the
February 6, 1991 Staff Report.
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10.D. RECALCULATION OF RECENT YEAR EXPENDITURE APPROPRIATION LIMITS
It was moved by smith/Dougall (5-0-0, Smith, Dougall, Moots, I
Olsen and Millis voting aye) to approve Resolution No. 2446 i
Amending the City's Annual Expenditure Appropriation Limits from i
Tax Proceeds for Each Fiscal Year Succeeding the 1990 Proposition .I
111 Base Year of 1986-87.
10.E. FINANCE RECORD RETENTION SCHEDULE
It was moved by Dougall/Moots (5-0-0, Dougall, Moots, Olsen,
smith and Millis voting aye) to approve Resolution No. 2447
Adopting a Record Retention Schedule and Authorizing the
Destruction of certain Unnecessary Records Pertaining to Financial
operations.
COUNCIL MEMBER SMITH SAID SHE MAY HAVE "A CONFLICT OF INTEREST WITH
THE FOLLOWING AGENDA ITEM AND LEFT THE ROOM
10.F. (AI RESOLUTION ESTABLISHING A "NO PARKING BETWEEN 7:30 A.M. TO
3:30 P.M. MONDAY THROUGH FRIDAY" ZONE ON A PORTION OF CROWN HILL
(528-562 CROWN HILL
It was moved by Moots/Dougall (4-0-1, Moots, Dougall, Olsen
and Millis voting aye, Smith absent) to approve Resolution No. 2448
Establishing a "No Parking Between 7:30 A.M. to 3:30 P.M., Monday
through Friday" Zone on a Portion of Crown Hill (528 to 562 Crown
Hill (Municipal Code Sec. 2-7.04).
10.F.(BI RESOLUTION ESTABLISHING A "NO PARKING" ZONE ON A PORTION
OF CROWN HILL (520-524 CROWN HILL)
It was moved by Dougall/Olsen(4-0-1, Dougall, Olsen, Moots and
Millis voting aye, Smith absent) to approve Resolution No. 2449
Establishing a "No Parking" Zone on a Portion of Crown Hill (520-
524 Crown Hill) (Municipal Code Sec. 2-7.04).
10.F.(CI RESOLUTION ESTABLISHING A "NO PARKING" ZONE ON A PORTION
OF CROWN TERRACE (437 LE POINT STREET AT CROWN TERRACE)
It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots
and Millis voting aye) to approve Resolution No. 2450 Establishing
a "No Parking" Zone on a Portion of Crown Terrace (437 Le Point
Street at Crown Terrace) (Municipal Code Sec. 2-7.04).
11. WRITTEN COMMUNICATIONS
None.
12. ORAL COMMUNICATIONS ....)
None.
13. CLOSED SESSION
The Council adjourned to a Closed Session at 9:15 P.M., and
I Ms. Skousen said the topic for discussion would be Li tigation:
I Kingo Kawaoka and Tatsumi Kawaoka vs. city of Arroyo Grande; United
States District Court, Central District of California: Case No. 90-
4465 KN (Ex).
14. ADJOURNMENT
The council reconvened at 9:40 P.M., and on motion of
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Moots/Doug." Immedl.tely .d,ourne~. ~~~.~~~
MAJf1{ M. MIL S, MAYO
ATTEST: ~ a. ~
NANCY A. VIS, CITY CLERK
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