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Minutes 1990-04-10 - 223 MINUTES MEETING OF THE CITY COUNCIL TUESDAY, APRIL ~O, ~990 CITY COUNCIL CHAMBERS, 2~5 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 , Rev. Jan Armstrong delivered the invocation. L ROLL ~ALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. ORAL qoMMUNI~TIONS None. CONSENT AGENDA It was moved by Smith/Dougall, and the motion passed, to approve Consent Agenda Items 5.B., S.C. and S.E through S.L., with the recommended courses of action. There was a correction in Item 5.A. city Council Minutes of March 27, 1990, on Page 7, Paragraph 4, with the location of the requested parking being at Nelson and Short Streets. There was a correction to Item 5.E. First Quarter, ~990, Sales Tax Revenue Report, with the Sales Tax Revenue Chart ~st Quarter of 1990 total corrected to $388,698. 5.A. March 27, ~990, city Council Minutes. Approved with correction. 5.B. April 4, 1990, Senior Advisory commission Minutes. Information. 5.C. March 1990, Investment Report. Information. S.D. First Quarter, ~990, Sales Tax Revenue Report. Information. Corrected. S.E. First Quarter, 1990, Departmental Report. Information. 5.F. Progress Payment No. 10: and Change Order Nos. 7 and 8, Arroyo Grande Police Station Renovation, Project No. 754. Approved. 5.G. Purchase of Computer: City Clerk's Office: Combined Allotted Funds. Approved award to low bidder. 5.H. Purchase of CAD System Phases II and III: public Works Department; Budget Item. Approved. 5.1. 1990 Clean-Up Week, June 4-8, 1990. Information. - 5.J. Progress Payment for construction of the Shallow Paso Robles and the Deep Pismo Test Wells: Project No. 60-89-2. Approved. 5.K. Bridge Street Bridge Rehabilitation Restoration, Project No. 89-90-2. Approved. S.L. Authorization to Solicit Bids for Replacem~nt of the Water and Sewer Lines on Allen Street: Project No. 60-70-90-1. Authorized. 6. REGISTER OF CHECKS It was moved by Smith/Dougall, and the motion passed, to approve the Cash Disbursements, as contained in the AprilS, 1990 Staff Report of Finance Director David Bacon. 1 - - 224 7.A. PUBLIC HEARING - NOTICE OF INTENT TO BUILD A NEW SINGLE-FAMILY DWELLING AND GARAGE. TO REPLACE A SINGLE-FAMILY DWELLING DESTROYED BY FIRE: 320 SHORT STREET. RICHARD C. SMITH city Manager Chris Christiansen referred to the April 5, 1990 Staff Report of Chief Building Official John Richardson, who recommended that the council uphold the Planning Commission approval for issuance of the building permit. Mr. christiansen said the home had been destroyed by fire on January 11, 1990, and the owner wishes to replace the home with a slightly larger one than the original. ' 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, the Mayor closed the ""'\ hearing to the floor. After Council discussion, it was moved by Moots/Smith, and the motion passed, to uphold the Planning Commission approval for issuance of the building permit. S.A. UPDATE ON BRIDGE STREET BRIDGE AT ARROYO GRANDE CREEK Public Works Director Paul Karp said the trusses for repair of the bridge had been delivered to the site, and work on the bridge could begin Monday, April 16, 1990. Council Members authorized the beginning of construction, and thanked Mr. Karp for the letters updating the progress on the bridge. The letters are being sent to interested parties each week. S.B. HOOK RAMPS AT CAMINO MERCADO No Report. S.C. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/ TRAFFIC WAY AND WESLEY STREET Mr. Karp reported that the design work is being finished, and his department is working on obtaining the drainage easements. 8.D. POLICE FACILITY EXPANSION Mr. Christiansen reported that the completion date is set for late April. S.E. CREEKBANK RETAINING WALL REPLACEMENT Mr. Christiansen referred to the Staff Report of Parks and Recreation Director John Keisler, who recommended that the Council approve replacement of the failing wood retaining wall with a loffelstein block wall, approved by the Public Works Department, and appropriate $7,000 from the general fund to construct the wall in house, using Parks Department, Public Works Department, and the California conservation Corps personnel. Mr. Keisler said work would begin on the wall in approximately 1 one month. After Council discussion, it was moved by smith/Dougall, and I the motion passed, to approve the recommendation. I S . F. STATE WATER MEASURE BALLOT LANGUAGE FOR COUNCIL CONSIDERATION. Mr. Christiansen explained that the proposed measure requiring a vote of the people before the city could participate in the California State Water project. Council Member Olsen said the City would receive a draft Environmental Impact Report on the water project from the County later this month. She said the final report will not be available until November. Mayor Millis said this important decision should be put to a 2 ~~-- ~ "-. . '- ~ 225 vote of the people. He said he hoped that a future Council would choose a June or November election and not have a special election, when there would be a lower voter turnout. I After Council questions, City Attorney Judy Skousen read the I full text of the measure: I , "The People of the City of Arroyo Grande do hereby ordain as follows: Section 1. The City of Arroyo Grande shall not participate, in any way, including but not limited to, the expenditure or commitment of any funds, in the California State Water Project without an affirmative vote of a majority of the voters voting upon such a measure. Ii Section 2. This ordinance shall not be amended nor repealed without a vote of the voters of Arroyo Grande." ~ It was moved by Dougall/Moots (5-0-0, Dougall, Moots, smith, Olsen and Millis voting aye, to approve Resolution No. 2383 Ordering Placed on the Ballot of the Next city Election a Measure to Prohibit participation in the California State Water Project by the city of Arroyo Grande without an Affirmative Vote of the Voters. B.G. PROPERTY TRANSFER - FIVE ACRES Mayor Millis, council Members Moots and Dougall, and Mr. Christiansen said they may have conflicts of interest on this matter and left the room. Mayor Pro Tem Smith took over the duties of presiding officer. Ms. Skousen said that a lawsuit had been filed in the Superior Court of the county of San Luis Obispo against the Royal Oaks Developers, Mid Coast Land Company, Don McHaney Realty and the County of San Luis Obispo. She said the defendants had not been served as yet at the County's request. She said the County is contemplating becoming a plaintiff with the City. She said if she did not hear from the County by April 11, 1990, she would go ahead the serve the papers to all parties. She presented a letter to the Council from Attorney Steve Cool, who represents the developers, saying that he was trying to set up a meeting to resolve the matter. She said if the County would join the lawsuit as a plaintiff, it would be saying that the city is right, this is a good and valid agreement, and the county wishes it to be enforced. There was further discussion, and Ms. Skousen said the way to resolve the issue is to go forward with the lawsuit, hopefully with the county as a co-plaintiff. MAYOR MILLIS. COUNCIL MEMBERS MOOTS AND DOUGALL AND MR. CHRISTIANSEN RETURNED TO THE DAIS AND STAFF TABLE 9.A. SECOND READING OF AN ORDIN~CE AMENDING CHAPTER 4 OF THE MUNICIPAL CODE AND ADDING ARTICLE 42 ESTABLISHING A "RIGHT TO FARM" ORDINANCE On motion of Moots/Olsen (5-0-0, Moots, Olsen, Smith, Dougall ~ and Millis voting aye) to adopt Ordinance No. 419 C.S. Amending Chapter 4 of the Municipal Code and Adding Article 42 Establishing a "Right to Farm" Ordinance. 9.B. SECOND READING OF ORDINANCE AMENDING THE ZONING MAP AND THE ZONING ORDINANCE BY CHANGING THE ZOtfE DESIGNATIQ,N FOR CERTAIN PROPERTY ON FARROLL AVENUE IN THE CITY OF ARROYO GRANDE FROM PD TO R-l-PD AND APPROVING AND ADOPTING A DEVELOPMENT PLAN On motion of Dougall/Smith (5-0-0, Dougall, Smi th, Moots, Olsen and Millis voting aye) to adopt Ordinance No. 420 C.S. Amending the Zoning Map and the Zoning Ordinance by Changing the Zone Designation for Certain Property on Farroll Avenue in the City of Arroyo Grande from PD (Planned Development) to R-l-PD (Single 3 226 ,~ , Family Residential-Planned Development) and Approving and Adopting a Development Plan. 9.C. REOUEST OF THE ARROYO GRANDE CHAMBER OF COMMERCE FOR A STUDY SESSION REGARDING RECYCLING Mr. Christiansen said the Chamber of Commerce was requesting the study session so that concerns about a recycling program in the City could be discussed openly with all Council members. HEATHER JENSEN, Executive Director of the Chamber of Commerce, said a study session' would be much more productive than the task force requested earlier. She said many citizens were interested in the matter, and the more input received, the more successful will be the product. Council Member Dougall pointed out that the city is four .-..., months into an 18 month time period for a recycling program required by Assembly Bill 939. After further discussion, Council Members set a Study Session for 7:30 P.M. Thursday, April 19, 1990. Mayor Millis directed Mr. Christiansen to include in the meeting agenda. (1) the background information, (2) the options, and (3 ) the choices. Council Member Dougall also said any contractors who wish to bid on providing the recycling service should know April 19, 1990 is the deadline. Council Member Smith asked Ms., Jensen to get any information she has to the Council ahead of time, if possible. 10.A. DISCUSSION REGARDING A NEW COURT FACILITY IN THE SOUTH COUNTY Municipal Court Judge Harold Johnson requested City support in urging the County to begin construction on the new South County Court facilities, which he said are badly needed. He said the County has been planning the facility since the late 1970s. Mr. Christiansen said that in the audience was county Supervisor Jim Johnson and County Administrative Officer Bob Hendrix. Mr. Hendrix spoke to the Council, giving the background from the County's standpoint. He said a facility also is planned in the North County, and there is not enough money to build both projects. Mayor Millis asked Mr. Hendrix if it is true that money for the facilities was borrowed to build the new court facility and the money was used for another project. Mr. Hendrix said the loan was made covering three projects, a North County facility, a South County facility and a Social Services building. He said the Social Services building was moving forward. He said the rest of the money is being held in trust, but that it is not enough to build both the North and South County court facilities. There was discussion of building just one other facility, l scaling down each project, and/or looking at case loads to see where there is the most need. I Supervisor Johnson said a proposal has been made that the city of Paso Robles would build the North County facility and lease it to the County. He said then there would be enough money to build the South County facility, which would include jail holding cells. After further discussion, it was moved by Olsen/Moots, and the motion passed, to support the building of new court facilities in the South County as soon as possible. Council Member Olsen said the Council recognizes the particular need and hopes the facility is built as quickly and efficiently as possible. 10.B. RESOLUTION APPOINTING A REPRESENTATIVE TO THE SOLID WASTE TASK FORCE 4 -~----~.--~---- ---..--.-..- . , 227 It was moved by Dougall/Smith (5-0-0, Dougall, Smith, Olsen, Moots and Millis voting aye) to approve Resolution No. 2384 Appointing a Representative to the Solid Waste Task Force. Mr. Christiansen said Fire Chief Doug Hamp would be the City's representative. 10.C. LETTER OF REOUEST FROM ELIZABETH SCOTT-GRAHAM FO~ COUNCIL APPOINTMENT OF A REPRESENTATIVE TO SERVE ON THE AREA COORDINATING COUNCIL SALES TAX TASK FORCE Mr. Christiansen listed the reasons the city has not become involved in this task force, (1) It is growth inducing, (2) The concept has now expanded to not only roads but to open space and possible funding of a new jail and a county hospital, (3) Attendance is poor at best, (4) The task force is basically editing a questionnaire to be used in sampling the voter pUblic, and (5) The city would not lose sales tax revenue even if it does not get involved in the task force. '-' Mayor Millis said he did not think the citizens of Arroyo Grande would be in favor of a sales tax of this kind. There were Council questions about keeping abreast of the actions of the task force. Mayor Millis said he and Mr. Christiansen hear about the acti vi ties at both the Mayors' and city Managers' meetings and would inform the Council. Mayor Millis said the task force only had worked on the survey so far. He said $40,000 or $50,000 had been spent on the survey. Mr. Christiansen said the money had come from gasoline tax money collected in the County. WRITTEN COMMUNICATI08S Mr. Christiansen read a petition now being circulated in the Ci ty by Mike Zimmerman and others. The petition read, "The undersigned hereby petition the City Council to take whatever steps 1 that are necessary or required under city Ordinance No. 372 C.S. ' to enable the City of Arroyo Grande to begin construction of a new city hall facility on the city owned 'South Bank' property in the Village of Arroyo Grande: We further request that the Council amend section 1, Paragraph C of Ordinance No. 372 C.S. so that the Environmental Determinations may be completed after receiving voter approval in order to save the city up to $25,000 should the vote fail." Mr. Christiansen said the petitioners hope to bring the matter to the April 24, 1990 meeting. ORAL COMMUNICATIONS ANNE STEELE of Grover city said a group is being organized which will be concerned with chemical toxicity and environmental hazards, and the first meeting will be April 23, 1990 at The Cliffs in Pismo Beach. KARL KEMPTON of Oceano objected to the Right to Farm Ordinance not including citizens' right to protest pesticides being used in farming next to their homes. NORM STEVENS of 249 Longden Drive, a resident of Sunrise Terrace MObilehome Park and member of the Senior Advisory Commission, requested information from the City Attorney about a restraining order. Ms. Skousen said the hearing may be postponed for several weeks. Mr. Stevens presented information to Ms. Skousen, Mr. Christiansen and Mayor Millis showing that the residents of the mobilehome park are not the only people unhappy with Merrill Lynch and Richard Hall. i Council Member Olsen said the South County Water Association had met AprilS, 1990, and Grover City had requested a review and amendment of the "gentlemen's agreement" on the ground water. Council Member Olsen said she had agreed with the proviso that the agencies jointly go together and do an update on the ground water basin, which was last done in 1979. 5 ~ --.. ...-----.-----.----. .-- .. 228 - Mr. Karp said Clint Milne of the county has set up a meeting of the city staffs to talk to representatives of the state Department of Water Resources with regard to updating the ground water study. He said the meeting is tentatively set for 10:00 A.M. May 3, 1990 in the county Engineering Room. He said farm representatives would be invited. council Member Olsen said Grover City is talking about expanding the "gentlemen's agreement" area. ADJOURNMENT I On motion of SmithjMoots, and the motion passed, the Council adjourned at 8:43 P.M. to a joint City Council and Parks and Recreation commission meeting at 5:30 P.M. Wednesday, April 11, 1990. ,. ~i4Jk '1 ! MARK . MILLIS, MAY R ! ATTEST: ~ tl- ~I.;.A J NANCY A. VIS, CITY CLERK I l I , 6 ---...---- .