Loading...
Minutes 1989-02-14 . .~ -, MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, F'EBRUARY 14, 1989 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City council met in regular session 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 Council Member B'Ann smith delivered the invocation. ROLL CALL Present were Mayor Millis and council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. ORAL COMMUNICATIONS None CONSENT AGENDA Moved by smith/Moots (5-0-0) to approve Consent Agenda with the recommended courses of action. 5.a. January 24, 1989, city Council Minutes. Approved. 5.b. January, 1989, Investment Report. Information. 5.c. Request for permission to Bid Two Projects, 60-89-l and 70- 89-1; Reallocation of Budget Funds for Sewer Project. Approved. 5.d. Approval of Parcel Map 86-029; Lot Split Case No. 87-447, 405 and 407 Traffic Way (Bowser). Approved. 5.e. Progress payment; Modification of Traffic Signals, Grand Avenue at Elm street, Project No. 90-88-1. Approved. REGISTER OF WARRANTS Moved by smith/Moots (5-0-0-) to approve Cash Disbursements. PUBLIC HEARING TO DISCUSS A PROPOSEP ORDINANCE CREATING A BACKBONE TRAFFIC CIRCULATION IMPROVEMENT FUND AND THE MEANS TO ASSESS FEES AND CHARGES . City Manager Chris Christiansen referred to the January 23, 1989 memo of Public Works Director Paul Karp who calculated the proposed impact fees based on an improvement cost of $18 million dollars. The fees are based on engineering data on water resource currently available to the City, and included a clause stating that any unused revenue would be returned to the developers if the City has not used same within five years after the date of each fee collection. Mayor Millis opened the meeting to the public. Dale Ambler of 3940 Mitchell Rd., Santa Maria said that the fees are excessive, would affect him and his family, and make the property unsalable. Randy Poltl, representing Loomis/Scolari Brookside project at 405 E. Branch, stated that the fees would cause serious financial consequences. All work would be stopped and legal action sought. Alan Hughes of 844 Calimex, Nipomo read an open letter to the Council. In the letter he stated that he was assured by the 1 - Planning Department that there would be no additional fees. He also said that if the city passes the ordinance he will be caused irreparable harm. Bruce Sommermiier, President of the South County Economic Development Association said that the fees should not be imposed on projects already started. He said that there are alternatives to the fees and that he would be happy to serve on an ad hoc committee to study the alternatives. Lenny Jones, President of the Arroyo Grande Chamber of Commerce, spoke against the ordinance explaining that the fees would cause new businesses to locate elsewhere. The City would lose tax revenue as well as facilities. , Karl Hogan of 455 poplar said that the only fair way to raise the needed funds is through bonds. Jerren Jorgenson of San Luis Obispo and owner of 4.8 acres next to Arroyo Grande Community Hospital said he has invested a considerable amount of money in the development of the property and the fees scare him. He also suggested bonding. Peter C. Miller representing Rancho Grande said that he was shocked by the ordinance. He said he has not seen the latest draft of the resolution and that it is hard to respond to something unseen. He also said that new developments should not have to pay for past sins. Madaleine steel of 1590 Hillcrest complimented the council for recognizing the problem and trying to do something about it. Karl Hogan spoke again in favor of bonds. Wants a committee to look things over. Randy Poltl said that he supports an ad hoc committee and a bonding issue. He said that the proposed ordinance should not be passed. Suggested that a portion of sales tax be used to help pay off bonds. Russ Sheppel said that he wanted to remind the Council that improvement and development are not the same thing. He said that he thinks the urgency ordinance would eliminate improvement by eliminating development. Mayor Millis closed the hearing to the public. He advised the Council that this is an important issue and would like to continue the item to a special meeting. After discussion a motion was made by Smith/Moots (5-0-0) to hold the meeting on Wednesday, February 22, 1989 at 7:30 P.M. PUBLIC PROTEST HEARING - CURB AND GUTTER ASSESSMENT DISTRICT. VARIOUS CITY STREETS Public Works Director Paul Karp listed the various streets involved. Mayor Millis asked to go through the list one street at a time because on some streets there is opposition and on others there is support. Mr. Karp stated that the hearing had been noticed in conformance with law by posting the affected properties, and by mailing said notice to the owners listed in the last equalize tax roll. He asked that owners identify themselves by address or parcel number so that he could identify them on the map and tell where there are protests and where there are not. He also said that there were three choices available after the hearing. The council may override the protests and form the districts, abandon districts or all of the districts or continue some or all of the hearing for a future meeting. If the council decides to override the protests it will take a 4/5ths vote. Council Member smith asked Mr. Karp what the City would do for the people that they would have to do themselves is they were going 2 ..-.-......-.-.---..- --.-- , to put in sidewalks. Mr. Karp said that the City of Arroyo Grande has historically provided all of the rough grading for the property improvement at no cost to the property owner. The property owner is responsible only for the cost of the concrete for the sidewalk and other improvements like curb and gutter or driveway apron or retaining walls if such were desired in lieu of standard conform grading provided by the City. Mr. Karp explained that if a district is formed in a neighborhood the property owner has 60 days to construct those improvements after which time the City will construct them and set a spread of costs in the neighborhood based on the amount of improvement that each property has received. At that time the property will be posted with the spread of costs for the individuals who have received concrete. There will be a public hearing 10 days aft~r the date of posting. The property owner then has 5 days to pay 6ff the assessment. If a hardship is shown the City Finance Department can enter into an agreement to accept extended payoff. If neither of the above occurs, the cost of the improvement is placed as a lien against the property in the following tax year. Mayor Millis opened the meeting to the public. Michael Bondello of 207 Mc Kinley had a petition which he read to the council. The petition asked that the council rescind the notices and allow the residents to maintain their neighborhood in their own chosen manner. Mr. Bondello explained that the assessment would be a financial burden to some and that the neighborhood had a rural atmosphere which the residents wanted to keep. Hans Vander Veen of 224 McKinley asked why just one side of Le Point st. is to be done. Mr Karp explained that the plan is to get as much work as possible for the dollar and that the other side will be done with a future district, but it will be more expensive for the property owners as well as for the city. ! Edward W. Myers of 610 Le Point stated that he is the only one on the south side of Le Point who is posted. He said that he does not understand it. He also said that his property is surrounded by a split rail fence which he built and he wants to keep it that way. He said that he lives on a fixed income and he objects financially. He feels that he is being discriminated against. Jim Williams of 515 Le Point said that nobody uses the sidewalks around. There are very few people that walk down that street. He also asked who is responsible for removing existing trees and shrubbery. Mr. Karp stated that the clearing and grading has historically been done by the City of Arroyo Grande. Mr Williams replied that he still protests the whole thing. Rosemary DeBlasi of 535 Le Point said she moved to the property because it was a little older and a little underdeveloped. She said she likes it the way it is and doesn't want to change it. Dick Ziegler of 276 Miller Way said he owns property at 215 McKinley and agrees with the last person who spoke. He likes the ruralness of it. He said he likes it as it is and would like to see it remain that way. Wayne Allen of 710 Cornwall said that he has lived there for approximately 20 years and sees no need for sidewalks. Very few people walk in the area and the streets are very wide. Some homes are built close to the street and adding sidewalks would take away from the greenery, which most people like. He said he is definitely against it and prefers leaving it just like it is. Ruth Truesdale of 201 Oak st. said that she is involved in two different streets. She said that she has never been in this kind 3 - --..---- ---- , of situation befor~ and didn't know what to do. She is a single parent, supports herself and cannot pay the $3000.00. Her house is close to the street and her chain link fence would have to be removed. She said she is really against it and cannot see any reason for it. , Sylvia Bursinger owns 717 Cornwall and said that she concurs with everything the last two neighbors have said. She said she sees no need for sidewalks. She suggested putting sidewalks in areas near schools. Tom Pryor of 2482 Corbett Canyon owns property on Oak st. He said that he has no immediate plans to build and asked where to put the approach. He said that there would be double expense involved and he is against itf on those grounds. Mr. Karp explained that the cheapest way to go is to go ahead and put the sidewalk all the way across and cut out for the apron later when the apron location is determined by the builder of the future structure. Mr. Pryor said that he objects to that. Shelly Anderson owns property at 206 Crown Terrace and is also representing her father who owns property at 507 Le Point. She said that both of them signed the petition and object financially. Tim Banducci of 205 Barnett said he is protesting a lack of definitive knowledge of what is going on. He said that he met with the city at 1:30 P.M. and a telephone call at 4:30 P.M. changed what had been represented to him at 1:30 P.M. He said that he hasn't seen anything in writing and it~s difficult for him to make a decision if he doesn't have good information. Mr. Karp explained that the property owner is responsible for curb, gutter and sidewalk on the Cornwall frontage of the parcel. Shirley Evans of 525 Le Point said that she protests the sidewalk. James Capitillo of 563 Le Point asked if the grading would be done at no charge to him. Mr. Karp assured him there would be no charge. . Mr. Karp reported that he spoke with Mrs. Karsten of 112 Oak st. on February 3, 1989 at which time she expressed that she is unable to leave her home and asked that he launch a protest on her behalf. She is against the installation of a sidewalk in front of her property. Mayor Millis closed the hearing to the public. He then asked Mr. Karp to go over the report street by street. No. Rena St., east side from Grand to Cornwall and Cornwall to Bennett - no protest. Moved by Smith/Moots (5-0-0-) to proceed. The northerly side of Cornwall from Rena to Alpine - I protest. Motion by Olsen/Smi th (5-0-0) to abandon. No. Alpine - both sides from Cornwall to Bennett - no protest. Motion to proceed Olsen/Dougall (5-0-0). North side of Cornwall between No. Alpine and Bell - no protest. South side of Cornwall between Bell and Oak - no protest. South side of Cornwall between Oak and Barnett - no protest. North side of Cornwall between Oak and Barnett will recommend continuance. After council discussion it was moved Smith/Dougall (5-0-0) to exclude Cornwall from the assessment district. Two blocks on the westerly side of Bell from Cornwall to Bennett and Bennett to Faeh - no protest. Moved to proceed Olsen/Dougall (5-0-0). East side of Bell between Cornwall and Bennett - I side needs sidewalk - no protest. Motion to proceed Olsen/Dougall (5-0-0). Moved to abandon both sides of Oak st. between Cornwall and Bennett Olsen/Smith (5-0-0). West side of Oak st. between Grand Ave. and Cornwall - one protest. Moved to abandon one side smith/Moots (5-0-1). Moved to abandon 112 Oak st. Smith/Moots (5-0-0). No. Rena, east side between Grand Ave. and Cornwall - no protest. Moved to proceed Olsen/Smith (5-0-0).Both sides of No. Alpine between Grand Ave. and Cornwall - no protest. Moved to 4 '" proceed Moots/Olsen (5-0-0). Mc Kinley st. - Moved to abandon all of Mc Kinley st. and surrounding area Smith/Dougall (5-0-0). ACCEPTANCE OF. PUBLIC IMPROVEMENTS: ROYAL OAKS. TRACT 1390 (LACKEY. MC HANEY. ET AL Mr. Christiansen referred to Mr. Karp's February 7, 1989 Staff report, which included the recommendation that the City Council take the following actions with regard to acceptance of tract improvements for Royal Oaks Partnership: Reject the maintenance of fences constructed as approved by ordinance within public rights of way for James Way and intersecting streets; and reject the maintenance of permitted piping encroachments within the sidewalk areas for lot drainage from private property and retaining walls; and accept the public improvements constructed as requirements to the approval of Tract Map 1390, also known as Royal Oaks; and accept on behalf of the pUblic the grant of easement for water line construction and maintenance as depicted on the exhibit for the deed; and accept the grant of easement for drainage improvements, which were temporarily installed within the easement across lot 182, and lot B; and reject the maintenance of the temporary drainage improvements constructed within the easement, subject to future acceptance when permanent facilities have been constructed as conditions on development plans which are required as contingencies to development on any of the estate sized lots (numbers 182, 184, and lot B). After Council discussion, it was moved by Smith/Olsen (4-0-1, smith, Olsen, Dougall, Millis voting aye and Moots abstaining) to approve Mr. Karp's recommendations. , ACCEPTANCE OF IMPROVEMENTS: PHASE 1. TRACT 555. UNIT V: OAKCREST ESTATES: DORFMAN HOMES Mr. Christiansen referred to the February 7, 1989 Staff report of Mr. Karp, who recommended that the City Council accept the public improvements which were required as conditions to the approval of the tract map. Moved by Dougall/Smith (5-0-0) to approve Mr. Karp's recommendation. HOOK RAMPS AT CAMINO MERCADO No report. POST OFFICE CIRCULATION Council Member Dougall reported on the progress of the mail drop box on Traffic Way across from the Post Office. Mr. Karp said the item would be on the next Parking and Traffic Commission Agenda. WEST BRANCH STREET/GRAND AVE~UE/TRAFFIC WAY CIRCULATION Mr. Christiansen reported that he had not had a chance for further study of this matter. PROPOSED POLICE FACILITY EXPANSION Mr. Christiansen recommended that this item be continued to the meeting of February 28, 1989 to allow more time for design and cost review. REOUEST FOR SPECIAL EXEMPTION FROM FEES IMPOSED BY ORDINANCE NO. 402 C.S. LOT 181. 194 RODEO DRIVE. ROYAL OAKS DEVELOPMENT. (HARRY SADOIAN\ Mayor Millis asked for a motion to continue this until the 5 '- meeting of February 22, 1989. Moved by Smith/Dougall (5-0-0). REVISED INTERCHANGE FUNDING SCHEDULE FOR OAK PA~ ROAD AT U.S.101 Moved by Olsen/Dougall (5-0-0) to approve. AUTHORIZATION FOR ENCROACHMENT PERMIT TO UTILIZE DRAINAGE EASEMENT. LOT 63. TRACT 1149 OAK PARK ACRES After discussion it was moved by Smith/Dougall (5-0-0) to - continue this item until the meeting of February 28, 1989. PARKING AND TRAFFIC COMMISSION RECOMMENDATIONS Mr. Christiansen said that the residents on Montego Street (1203) requested a "Two-Hour Parking" Zone, and that the Parking and Traffic Commission recommended approval. ESTABLISHMENT OF "TWO-HOUR PARKING" ZONE ON MONTEGO STREET (1203) Moved by Dougall/Moots (5-0-0, Dougall, Moots, Olsen, smith and Millis voting aye) to approve Resolution No. 2288 establishing a "Two-Hour Parking" zone on Montego st. ESTABLISHMENT OF A "TWO-HOUR PARKING" ZONE ON FAIRVIEW DRIVE 1155 AND 157 FAIRVIEW DRIVE) Moved by Olsen/Dougall (5-0-0, Olsen, Dougall, Moots, smith and Millis voting aye) to approve Resolution No. 2289 establishing a "Two-Hour Parking" zone on Fairview Dr. ESTABLISHMENT OF A "NO PARKING" ZONE ON A PORTION OF WEST BRANCH STREET Moved by Moots/Dougall (5-0-0, Moots, Dougall, Olsen, smith and Millis voting aye) to approve Resolution No. 2290 establishing a "No Parking" zone on a Portion of West Branch Street. APPOINTMENT TO PARKING AND TRAFFIC COMMISSION Mayor Millis nominated John Keen to the Parking and Traffic Commission. Council approved (5-0-0). REOUEST FOR PERMISSION TO HOLD A DRIVE-THROUGH PARADE ON MAY 6. 1989. AND WAIVER OF FEES INCURRED By POLICE DEPARTMENT FOR TRAFFIC CONTROL - CENTRAL COAST FIREMEN'S MUSTER ASSOCIATION Mr. Christiansen said that he can recommend approval of the parade but cannot recommend waiver of the fees. Moved by Olsen /Smi th (5-0-0) to permit the parade but deny the waiver of the fees. REOUEST TO HOOK UP ~O CITY SEWER SYSTEM. APN 75-021-18 AND 32. 821 VALLEY ROAD. PROPERTY LOCATED IN COUNTY OF SAN LUIS oBISPO. CASA TIERRA INVESTMENTS Mr Christiansen said that he recommends denial of the request. Moved by Olsen/Moots (5-0-0) to deny. FIRST READING OF ORDINANCE NO. 404 C.S. AMENDING THE MUNICIPAL CODE TITLE 2 . CHAPTER 5 . REGARDING THE POLICE DEPARTMENT 1 POLICE DISPATCHER TRAINING) Moved by Dougall/Smith (5-0-0) to approve first reading. LEAGUE OF CALIFORNIA CITI~S-PLANNING COMMISSIONER'S INSTITUTE Mr. Christiansen said that there is a proposal to send four commissioners to League of California Cities Institute in San Jose in April and it is recommended that the funding be from reserves. Moved by Moots/Olsen (5-0-0) to approve. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS Bill Tappan of'1525 Chilton asked for staff to look at Chilton st. He said that he has lived there since 1966 and there has been no repair work done. He said that there are some dangerous situations in the area and would like some repair work done. 6 , , -"-.... Council agreed. Mayor Millis announced the names of seven people to be nominated to serve on the Senior Advisory Commission. They are Gene Buckner, Bernie Burke, Ed Cox, Bob Gruber, Chuck Payner, Kay Silva and Norm Stevens. ADJOURNMENT TO CLOSED SESSION The Council adjourned at 10:50 P.M. to a Closed Session on Personnel and Litigation. FINAL ADJOURNMENT The Council reconvened at 11:30 P.M. and immediately adjourned. MAYOR ATTEST: CITY CLERK