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Minutes 1992-07-28 . ~ d' MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 28, 1992 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. 1. & 2. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. James Wickstrom of Berean Bible Church delivered the invocation. 3. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, M. P. "Pete" Gallagher, Gene Moots and B'Ann Smith. Staff Members present were city Manager Chris Christiansen, city Attorney Judy Skousen, city Clerk Nancy Davis, Public Works Director Van Laurn and Chief of Police Rick TerBorch. ~ 4. ORAL COMMUNICATIONS TOM RUNELS of 586 Valley Road requested time to speak at Agenda Item No.7. 5. CONSENT AGENDA It was moved by Dougall/Smith, and the motion passed unanimously to approve Consent Agenda Items 5.A. through 5.F., with the recommended courses of action. 5.A. June 30, 1992, City Council Minutes. Approved. 5.B. July 14, 1992, City Council Minutes. Approved. 5. C. Letter of Resignation from Julie Groves, Planning Commissioner. Accepted with regrets. 5. D. Second Quarter, 1992, Departmental Monthly Reports. Information. 5.E. progress Billing #1 for Construction of Well No.9, Water Treatment Facility Project No. 60-92-2. Authorized and Approved. 5.F. Replacement Radios; Police Department; 1992-93 Budgeted Items. Approved. 6. REGISTER OF CHECKS It was moved by Smith/Dougall, and the motion passed unanimously to approve Cash Disbursements in the amount of $687,708.61, as listed in the July 22, 1992, Staff Report of Finance Director David Bacon. 7.A. REOUEST OF COUNCIL MEMBER DOUGALL TO DISCUSS STATE WATER Council Member Dougall said there was a degree of confusion as to what the Council did at previous meetings and what the Council intended to do. He referred to minutes of previous Council meetings concerning State Water. He said there are some uncertainties surrounding State Water and the City's need for State ~ Water. He said there was a slim window for placing the issue on the November election ballot. Mr. Christiansen referred to his memorandum of July 28, 1992, which said, according to the updated General Plan, the city does not need State Water. He said the city has available annually more than 4,000 acre feet. He said under the current population of approximately 15,000, water consumed is 3,100 acre feet. He said under a "buildout" at 17,000 population, water consumed would be 3,500 acre feet. He said conservation would give the city more water. 1 . , 21 CITY COUNCIL MINUTES JULY 28, 1992 Ms. Skousen said it was important to explain about election procedures because there has been a lot of comment about the motion adopted in JUly, 1991, when Council Member Doris Olsen moved to put the state Water issue on the November, 1992, election ballot. Ms. Skousen said the motion was an indication that in the event the city Council felt the city needed water, the Council would take the action to put it on the ballot once it had the final figures. She said in order to put something on the ballot for a vote of the people, there are formal actions that must be taken and a mere motion does not place something on the ballot. She said it was nearly impossible to place a measure on the ballot at that late date because of the August 7, 1992, deadline set by the County Clerk. Council Member smith asked what would have to be done to meet the August 7, 1992, deadline, and Ms. Skousen said there would have to be a resolution calling the election and adopting the language of the measure, arguments for and against the measure, rebuttals, ,- and a ten-day public examination period. She said it normally takes about 30 days for these things to happen. Speakers against placing State Water on the election ballot gave as their reasons, that there is too high a cost and too Iowa benefl t to the residents of Arroyo Grande; that State Water availability will be unreliable, that the residents of the City would pay for the water and those requesting water for agriculture are outside the city and would not pay; that it would be fiscally irresponsible; that residents should learn to live without so much water, and that water flowing to the ocean should be reclaimed before State Water is purchased. speakers were BERNARD LANDSMAN of 579 Newman, DICK FRANKS of 879 Fairoaks, PAUL HADDOCK of 587 Valley Road and BILL MC CANN of 575 Crown Hill. Speakers in favor of placing State Water on the election ballot gave as their reasons, that Arroyo Grande over the last 20 years has used virtually all of its Lopez allotment plus pumped 1,200 to 1,300 acre feet of ground water; that eventually the City will run out of water; that the voters of the City should decide whether they want State Water or not; that agriculture stimulates " the city's economics, and that land in the city has been zoned for agriculture and it will be farmed for a long time. Speakers were MR. RUNELS, RICHARD QUANT, president of the Growers and Shippers Association of Santa Barbara and San Luis Obispo Counties, RICHARD HISERMAN of 219 East Cherry, BILL HARVEY of 308 Oro, VERNON FREDERICK of pismo Beach, DERRIL PILKINGTON of 933 Sandlewood and HOWARD MANKINS of 200 Hillcrest. The City Clerk pointed out that there was not enough time for a State Water measure to be placed on the November 3, 1992, election ballot. BILL WHITTAKER of 175 Tally Ho Road asked if Arroyo Grande Valley's water table is falling. The Public Works Director said the groundwater basin is healthy because of the releases from Lopez Dam. He noted that the City is not pumping 1,200 to 1,300 acre feet of ground water, but only about 300 acre, feet of the 1,200 acre feet available to the City. Council Members Moots, Smith, Gallagher and Mayor Millis said they would not approve placing the state Water issue on the November ballot because the City does not need it, it is too expensive, it is unreliable, there is no control over escalating costs, and citizens in Northern california have significant environmental problems and transporting water to Southern California is not in their best interests. 2 . r U Zo - CITY COUNCIL MINUTES JULY 28, 1992 Council Member Dougall said he was not a proponent or opponent of State Water. He said the issue was to try to bring to the Council a formulation as to what it did on Measure A in July, 1991. He said it was his goal to find out if the Council wanted to place the issue on the November ballot, and he wanted to hear from the public. 8. A. SECOND READING OF ORDINANCE AMENDING THE MOBILE HOtolE RENT STABILIZATION ORDINANCE. TITLE 5. CHAPTER 16. OF THE MUNICIPAL CODE TO INCLUDE VACANCY CONTROL AND TO ESTABLISH A MOBILE HOME RENT REVIEW BOARD It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Moots, Gallagher and Millis voting aye) to adopt Ordinance No. 448 C.S. Amending the Mobile Home Rent Stabilization Ordinance, Title 5, Chapter 16 of the Municipal Code to Include Vacancy Control and to Establish a Mobile Home Rent Review Board. ~ 8.B. SECOND READING OF ORDINANCE AMENDING ORDINANCE 355 C.S. "ROYAL OAKS ESTATES" TO ALLOW A CHURCH ON LOT 184. AND APPROVING AND ADOPTING SPECIFIC DEVELOPMENT PLAN 91-05: PROPOSED ARROYO GRANDE PRESBYTERIAN CHURCH BUILDINGS: 600 RODEO DRIVE: TRACT 1390 Mayor Millis and council Member Dougall said they may have conflicts of interest in this matter and left the room. Mayor Pro Tern Moots presided. It was moved by Smith/Gallagher (3-0-2, Smith, Gallagher and Moots voting aye, Millis and Dougall absent) to adopt Ordinance No. 449 C.S. Amending Ordinance No. 355 C.S. "Royal Oaks Estates" by Allowing a Church on Lot 184, and Approving and Adopting Specific Development Plan 91-05. Mayor Millis and Council Member Dougall returned to the dais. 8.C. SECOND READING OF ORDINANCE MODIFYING PARKING PROHIBITIONS BY AMENDING SECTION 4-3.02(E) OF THE MUNICIPAL CODE: CITYWIDE. It was moved by Dougall/Gallagher (5-0-0, Dougall, Gallagher, Moots, Smith and Millis voting aye) to adopt ordinance No. 450 C.S. MOdifying Parking Prohibitions by Amending section 4-3.02(e) of the Municipal Code. 9.A. REOUEST FROM RICHARD DE BLAUW FOR PERMISSION TO IMPORT FILL DIRT ON LOT 5 IN THE ROYAL OAKS SUBDIVISION: 125 RQDEO DRIVE It was moved by Dougall/smith, and the motion passed unanimously to approve the request of Mr. DeBlauw to i~port fill dirt on Lot 5 of the Royal Oaks Subdivision at 125 Rodeo Drive, in accordance with the fOllowing conditions of approval: 1. All new fill dirt to be compacted with test results on file with the Building Division. 2. All new fill dirt to be placed so as not to enlarge the existing pad in any direction. 3. New site drainage to be incorporated into finished pad to drain to the street. .~ 4. All building codes to be met and any pUblic Works requirements also are to be complied with. 9.B. SEWER CHARGES AS THEY RELATE TO NURSERIES Mr. Christiansen said recently there was an inquiry about sewer charges relating to the nursery business at Loomis Feed Store on Le Point Street. He said the city's ordinance relating to businesses requires that sewer charges be 50 percent of the water used. He said nursery operations use water more than normal, but their sewer requirement is minimal. He said most business have two 3 --, 29 CITY COUNCIL MINUTES JULY 28, 1992 meters, one for landscaping, which has no sewer charge attached, and the other for interior use, with sewer charges. He said the Loomis property has one meter for all uses, and for the nursery operator to install a second meter for irrigation it would be quite expensive. He recommended that the Council direct Staff to formulate a new section of the sewer ordinance to make it more equitable for this type of nursery. council Member smith said she thought the equitable thing would be for each business to have sewer and water hookups. Mr. Christiansen said he would take her thoughts under advisement when amending the sewer ordinance. 10. WSITTEN COMMUNICATIONS None. - ""- 11. ORAL COMMUNICATIONS A. Council Member Dougall said the new date of the Source Reduction Recycling Element workshop will be September 22, 1992, and the Public Hearing on the matter will be October 13, 1992. B. HEATHER JENSEN, executi ve director of the Chamber of Commerce, asked when city taxpayers will no longer have to pay for State Water. Public Works Director Laurn said County residents have been paying for the option of take State water. He said the ul timate goal is to have only those taking the water pay for it. 'I PAUL KARP of 596 Woodland suggested that the city purchase some capacity in the one-half mile of pipeline connecting the State . water pipeline and the Lopez project. He said if the City needs to buy water on an emergency basis, it could ask Santa Barbara to start its desalinization plant and sell its portion of desalted water to Arroyo Grande. MR. LANDSMAN asked how the money collected from County taxpayers was used by the State. Mr. Laurn said State water facilities were built with the money. He said since 1963 this county has paid approximately $9 million into the project. 12. CLOSED SESSION None. 13. ADJOURNMENT It was moved by Dougall/Moots, and the motion passed unanimously to adjourn the meeting at 8:47 P.M. ~s,~~ ATTEST: