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Minutes 1990-06-12 266 " MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUNE 12, 1990 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO G~DE, CALIFORNIA The City council met at 7:30 P.M., with Mayor Mark M. Millis presiding. F~';; SALUTE AND tI'NOCATION Mayor Millis led the p~edge of Allegiance to our Flag, and the J Rev. Ehrhardt Lang of United' Methodist 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. Staff Members present were City Manager Chris Christiansen, City Attorney Judy Skousen, Ci ty Clerk Nancy Davis and Planning Director Doreen Liberto-Blanck. MAYOR MILLIS SAIQ A PLAOUE OF APPRECIATION WOULD BE GIVEN TO fORMER PLANNING COMMISSIONER SHARON FISCHER ORAL COMMUNICATIONS None. CONSENT AGENDA It was moved by smith/Dougall, and the motion passed, to approve Consent Agenda Items 6.A. through 6.J., with the recommended courses of action. 6.A. May 14, 1990, "Revised" City Council Minutes (Supersedes previous minutes of May 14, 1990). Approved. 6.B. May 22, 1990, City Counci~ Minutes. Approved. 6.C. ~une 4, 1990, City Council Minutes. Approved. 6.D. June 6, 1990, Senior Advisory Commission Minutes. Information. 6.E. May, 1990, Investment Report. Information. 6.F. Award of Bid, Night Lighting Four (4) Tennis Courts at Soto Sports Complex. Awarded to low bidder. 6.G. Award of Contract, Landscape Maintenance. Awarded to low bidder. I 6.H. Award of Contract, Rancho Grande EIR. City to enter into 1 i agreement. J 6.I. Council Members Attendance at Land Use Law Update Workshop, June 15, 1990. Council Members were unable to attend. 6.J. Approval of Private Water We~l on Coach Road: Parcel No. 07- 741-022. Approved. 7. REGISTER OF CHECKS After Council questions, it was moved by Smith/Douga~l, and the motion passed, to approve the cash disbursements in the total amount of $804,587.20, as contained in the June 6, 1990 Staff Report of Finance Director David Bacon. 1 -------.-----------. " 2 6 7 CITY COUNCIL MINUTES JUNE 12, 1990 8.A. PUBLIC HEARING - SELE~TIQN OF ORG~IZATIONS THAT WILL BE ELIG*BLE TO RECEIVE fUNDING IN THE CITY'S 1990-91 BVQGET Mr. Christiansen said the budget of the State of. California is in a deficit position, and ,subvention monies to the cities may be reduced. Mayor Millis said this h~aring was being held to hear organization funding requests. He said the, City had received letters of some organizations. After being assured that the Public Hearing had been duly published and all legal requirements met, J Mayor Millis declared the hearing open and said all persons would l be heard regarding the matter. , ,Making requests for funds to the council were MARGUERITA , JOHNSON and JAN DOSIER, on behalf Qf the Women's Shelter Program of San Luis Obispo; SONYA BROWN, Ad Care Association: RUTH SIMERLY, Long-term Care Ombudsman Services; JEANNIE NIX, American Red Cross; KAREN KILE, Hospice of San Luis Obispo county; VIRGINIA HOWELLS, El Camino Art Association: RITA BRANDFIELD, Five Cities Meals on Wheels: LINDA ASPRION, Economic Opportunities Commission; LUCINDA GRIFFITH, Family Services Center: SHARON WINSLOW, Hotline; JOHN W;ILSON, South County Human Relations council; PAT MARTIN, San Luis Obispo Mozart Festival: JONNIE EYLER, San Luis Obispo County visitors and Conference Bureau: JOE MARTIN, Veterans Advisory council; PHYLLIS FRANK, San Luis Obispo Vocal Arts Ensemble; ALAN PETERSON, Food Bank Coalition of San Luis Obispo County; RON REGIER, Cal poly Arts, and DON PATRICK, Gold Coast Chorus. Mayor Millis asked if anyone else would like to speak, and when no one came forward came forward, closed the public hearing to the floor. After Council discussion, it was moved by Dougall/Olsen, and the motion passed, to allocate $7,400 to the following organizations: EOC - Senior Health screening $1,000 Family Services Center 1,000 Meals on Wheels 1,000 Harvest Bag, Inc. 1,000 Hospice 800 Hotline 500 Long-term Care Ombudsman 300 Women's Shelter 1,000 Food Bank Coalition 500 Ad Care 300 $7,400 8.B. PUBLIC HEARING - R~P~L 9F THf; CENT~ BU:;INESS DISTRICT. PUBLIC SERVICES AND F~CILITIES. PQBLIC BUILDINGS. AND SGENIC ROUTES OPTIONAL ELEM~NTS OF THE CITY'S GENERAL PLAN Ms. Liberto-Blanck referred to her June 12, 1990 Staff Report '~, and said it is Staff's recommendation that the Resolution adopting the Negative Declaration and repealing the optional elements be approved by the city Council. 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 came forward to speak, Mayor Millis closed the hearing to the flo~r. It was'moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to approve Resolution No. '2399 2 --..-.. .:_~_::"::=':'-':'~_:_' ~-~-_._..,-_._--_._. -.._______..___ u ______ - '.', --.---... 268 . CITY COUNCIL MINUTES JUNE 12, 1990 Adopting a Negative Declaration, Repealing the Central Business District (1975), Public Services and Facilities (1976), Public Buildings (1976), and Scenic Routes (1979) Elements of' the City's General Plan, and Instructing the City Clerk to File a Notice of Determination. 9.A. HOOK RAMPS AT CAMINO MERCADO Mr. Christiansen said he had been in contact with Assemblyman Eric Seastrand's Office concerning holding a ceremony denoting the starting of construction of the improved intersection at Oak Park Boulevard and Highway 101. Mayor Millis said the city should keep up the pressure on the State to start construction. J' 9.B. INTERSECTION IMPRpVEM~NT~ AT WEST BRANCH STREET/G~D AVENUE/TRAfFIC WAY AND WESLEY STREET No Report. 9.C. POLICE fACILITY EXPANSIQN Mr. Christiansen said the open house for the new Police building will be June 26, 1990. 9.D. SOLID WASTE TA~K FpRCE Council Member Dougall, who was a volunteer on the County Hazardous Waste Sweep Day, reported that the event was highly successful. He said 1,100 County households were served, and there were 38 vehicles from Arroyo Grande. He said 1.5 percent of the residents of San Luis Obispo County brought hazardous waste for proper disposal. He described the method of disposing of the materials, and said that more pesticides were brought for disposal than any other material. He said there will be another event in the in the future. 9.E. PROPERTY TRANSFER - FIV~ ACRES Mayor Millis, Council Member Dougall and Mr. Christiansen said they may have conflicts of interests and left the room. Council Member Olsen ~equested the City Attorney to describe recent events concerning the property transfer so that the public would be apprised. Ms. Skousen said the city had received a letter from Steve Cool, attorney for the Royal Oaks developers, who made a settlement offer. The offer said San Luis Obispo County would go ahead with the property exchange if the City would place a tree easement on the five acres the City was to receive, and plant 80 trees. She said the City Council had discussed the matter in Closed Session. She said the tree easement on the County's land was required by the City of the developer prior to the time the developer entered into the agreement to exchange land with the County and City. She said the tree easement on the County's land does not detract from the ' value of the seven acres because the trees are growing on a steep J natural drainage slope. She said it would be financially prohibitive for the County to move the drainage channel. She said the City would like to go ahead with the land exchange, but not on these terms. She said a better offer shoul<i be made, or the City's complaint should be answered. She said the City wants its five acres. MAYOR MILLIS. COUNCIL MEMBER DOUGAI,I, AND MR. CHRI~TIANSEN RETURNED TO THE DAIS 10.A. FORMULATION OF A WATER CONSERVATION PROGRAM. AS ~EOUIRED UNDER CONDITION NO.9 OF THE CQNDITIONS OF APPROVAL FOR TRACT 1769: FARROLL AVENUE: HERB PHILLIPS Mr. Christiansen referred to the June 8, 1990 Staff Report of Public Works Director Paul Karp, and recommended that the Council 3' -- ------~----~~-~---~_._------_._- .--- p ~ 269 CITY COUNCIL MINUTES JUNE 12, 1990 request that the developers prepare a water conservation plan which would be measurable. , ' JIM MCGILLIS, project coordinator, spoke in favor of the water conservation program peing put forth py the developer. After discussion of the number of acre feet which should be saved, the Council directed the developers to design a measurable water conservation program to save 25 acre feet of water. l 1:1. .A. APPOI~TME~TS/~t:"J'POW~ENT~ TO VARIOUS C9~ISSIONS AND BOARPS Mayor Millis appointed and the Council approved the following: Pl~nnin9 Com~is~to~ Term Expires June 30, 1993. Robert Carr-(Reappointed for 3 Years) John soto-(Reappointed for 3 Years) Term Expires June 30, 1993. Parks ~nd Recreation Commis~iqn Gee Gee soto-'(Reappointed for 3 Years) Term Expires June 30, 1993. Alex T. Woolworth-(Reappoint. 3, Years) Term Expires June 30, 1993. Doug Hitchen-(Appointed for 3 Years Replacing Ernie Ped) Term Expires June 30, 1993. parkina and Traffic commission' Richard Franks-(Reappointed for 3 Years)Term Expires June 30, 1993. Derril Pilkington-(Reappointed for 3 Years) Term Exp.June 30, 1993, John Keen-(Reappointed for 3 Years) Term Expires June 30, 1993. senior Advisory Co~ission Robert Gruber-(Reappointed fOr 3 Years) Term Expires June 30, 1993. Phil Romero-(Reappolnted for 3 Years) Term Expires June 30, 1993. Downtown Parkirg Ad~isorv Board Jim Silva-(Reappointed for 3 Years) Term Expires June 30, 1993. J. Ira Hughes-(Reappointed for 3 Years) Term Expires June 30, 1993. H.B. RE~OLUTION ACCEPTING A GRAJfT OF REAL PROrERTY LOCATE!;) IN THE CITY OF ARROYO GRANDE (35-ACI!~ GREENBELT} AND APPROPRIATING NECESSARY FUNDS FOR ESC~OW FEES. It was moved by Smith/Moots to approve Resolution No. 2400 Accepting a Grant of Real Property Located in the City of Arroyo Grande, California and Appropriating Necessary Funds for Escrow Fees. Ms. Skousen said there are numerous easements on the property, but they will not affect the value of the property since they are almost all drainage easements. She read the list of easements to the Council. Mr. Christiansen said the items which will be an expense to the City will be the maintenance of the pond, and maintenance of ~ the drainage channel between Leisure Gardens and the K-Mart Center. On a roll call vote Council Members Smith, Moots, Olsen, Dougall and Mayor Millis voted aye (5-0-0). Mayor Millis directed staff to write a letter of thanks to Reuben Kvidt. 11 . C. ~ESOLUTION CALLING AND GIVING NOTICE OF THE GF,:~ERAto MUNICIPAL EL~CTION: FOR THE ELECTION 9F CERTAIN OFFICERS: FOR SU~MISSION OF A OUESTION R~LATING TO PROHIBITING PARTICIPAT10N IN THE CALIFORNIA STATE WATER PROJECT: AND REOUESTING TijE BOARD OF SUPERVISORS TO CONSOLIDAT~ SAID ELECTION On motion of Smith/Dougall (5-0-0, Smith, Dougall, Moots, Olsen and Millis voting aye) to approve Resolution No. 2401 Calling and Giving Notice of the HOlding of a General Municipal Election 4 .......-_. ---- --_._---_..,~~._---_._. -" ,.-..-.....--.... -'- .._-~_.- 270 ...~ CITY COUNCIL MINUTES JUNE 12, 1990 to be Held in the city of Arroyo Grande on Tuesday, November 6, 1990, for the Election of Certain Officers, for the Submission to the Voters of a Question Relating to prohibiting Participation in the California State Water Project by the City of Arroyo Grande Without an Affirmative Vote of the Voters and Requesting the Board of Supervisors of San Luis Obispo County to Consolidate Said Election with the Statewide General Election to be Held in Said City on Tuesday, November 6, 1990: and Other Elections Matters as Required by Law. 11.D. RE$OLUTION ADOPTING T~~ 1990-91 MPNICIPAL BUDGET On motion of SmithjMoots (5-0-0, smith, Moots, Olsen, Dougall J and Millis voting aye) to approve Resolution No. 2402 Adopting the 1990-1991 Proposed Budget, as Amended by the city Council. 11 . E. RJi;VI~roN OF RESOLUTION '1;9 EST~BLISij A PR9CEDUR1;: FOR THE DESTRUCTION OF POLICE RECORDS On motion of Dougall/Smith (5-0-0, Dougall , Smith, Moots, Olsen and Millis voting aye) to approve Resolution No. 2403 Authorizing a Procedure for Destruction of Police Records (Supersedes Resolution No. 2343) 11.F. ADOPTIOW OF A PUBLIC WORKS MUTUAL AID ~GRE~ENT Mr. Christiansen referred to the June 6, 1990 Staff Report of the Public Works Director, who recommended that the Mayor and City Clerk execute the agreement to become a participating agency in the Public Works Mutual Aid, Agreement prepared and supported by State Office of Emergency , Services, the American Public Works Association, the League of California Cities, and the County Supervisors Association of California. It was moved by Smith/Dougall, and the motion passed, to approve the recommendation. 11.G. BUS BENCHES. AS REOUE~TED BY THE ARRpyO qRANDE C~BER OF COMMERCE This item was removed from the Agenda. 11.H. PROPOSED PARKING LOT ALTERNATIVES. CITY COUNCIL C~AMBERS/LE POINT STREET Robert Vessely, who was hired by the city to design the parking lot, reviewed four schemes for the lot. He said the Downtown Parking and Business Improvement Area Advisory Board had approved scheme No.4, which has an estimated construction cost of $69,795. There was Council/Staff discussion of vehicular access, and foot access to yards and buildings bordering the lot. There was discussion of the cost of construction of the lot. It was moved by Olsen/Smith to table discussion of I I construction of the parking lot indefinitely due to inadequate City J funds for the project. There was discussion of the City's need to pay Mr. Vessely for his design work, which he said amounted to approximately $12,000. Ms. Skousen said the City generally has some kind of an escape clause in the contract. Mayor Millis called for a vote on the motion, and all Council Members voted aye. 11.I. AGREEMENT BETWEEN CITY OF ARROYO GRANDE ~D MARK GODFREY Ms. Liberto-Blanck refer~ed,to her Staff Report of June 12, 1990, and gave a history of the project. She said the owner of the house at 221 East Branch Street had been working with the City to provide access to his parking area behind the house. After extensive discussion with Jim Murphy, an attorney who will be CITY 5 --~~ ____._n___..,___~_.__..~~__ . __.._ ...__.." ~- - - ~'- " 271 COUNCIL MINUTES JUNE 12, 1990 occupying the building, and Dan Lloyd of Engineering Development Associates, the Council said it wished Mr. Murphy to take occupancy as soon as possible. On advice of the city Attorney, the following requirements for an agreement were set down by the ~ouncil: 1. The occupant would be allowed to use the driveway access on Branch Street to the rear of the property, but would return to the Planning Commission in six months to determine whether any health and safety conditions have been created due to said use of access from Branch street. If there are health and safety problems which l cannot be mitigated, the Planning Commission may recommend that alternate access be provided. 2. Prior to the issuance of a business license to do business, the applicant shall post a bond in the amount equal to full cost of the completion of the parking lot, plus 25 percent, and the lot shall be paved and striped, in . accordance with City parking lot standards. 3. The parking lot shall be completed within 30 days after receipt of all permits, but not later than 6 months from the date of the agreement. Mayor Millis said he w~nted it clearly understood that there is no connection between the property at 221 East Branch street and the parking lot on Le Point Street behind the City Council Chambers. It was moved by Smith/Dougall, and the motion passed, to require that Mr. Godfrey sign the agreement, including the aforementioned requirements, post the bond and pave the lot within 30 days. WRITTEN COMMUNICATtONS None. ORAL COMMUNICATIO~S None. CLOSED SESSION The Council adjourned at 10:15 P.M. to a Closed Session concerning Mack vs. City of Arroyo Grande, and Dowling, Gordon vs. City of Arroyo Grande. ADJOURNMf:NT The Council reconvened at 10:30 P.M. and immediately adjourned the meeting. ~'"1A, ~;}h MARK . MILLI , MAto '-., . ATTEST: . CLERK 6 -----.- - - - ~ - - -.- -=:..:::.=:.:..=..:::'C:.,.::;:-~~---~-_._..__.._________,__._~_=-".::;: ____.___ '_'_-:::.__,"'_" --------- - .. -'-- - - -- -- ._._._-~,-- . ' -..