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Minutes 1986-04-22 ,~ .< C!TY COUNC I L APR I L 22, 1986 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor B'Ann Smith presiding. Upon roll call, Council Members Matt Gallagher, Dorace Johnson, Gene Moots and D. G. Porter were present. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Johnson led the Pledge of Allegiance to our flag. The Rev. Everett L. Taylor of United Methodist Church delivered the invocation. ORAL COMMUNICATIONS None CONSENT AGENDA Council Member Moots withdrew Item 6 and Council Member Gallagher withdrew f Items 7 and 9 for discussion. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried to approve Consent Agenda Items 1 through 5 and 8. I. Minute. of April 2, 'I, 8 and 9, 1986 (Re~.........nd Approval) 2. Demand Register (Reconmend Approval) 3. Veterans of Foreign W.rs Post 3138 Request for Fee E"eDt't Licelllle to Sell Buddy Poppies . (Reconmend Approval) 4. April 15. 1986 Planning Comniasion Answered Agenda (Jnfonnation) 5. March 27, 1986 Parking and Business Improvement Area Advisory Board Minute. (Jnfonnation) -----,- ---._---"---- 8. 1985 Annual Report of Housing Authority of City of San Luis Obispo (Infoanation) ---- Item 6 - First Quarter, 1986, Sales Tax Report City Manager Robert Mack said that this is a summary of the Sales Tax Revenue for 1986, through March 31. He said it is right on budget for the year. Council Member Moots said he likes to emphasize the City Sales Tax Revenue each time period a report is made. Item 7 - League of California Cities Legislative Bulletin Nos. 12 & 13-1986 Council Member Gallagher asked the staff to write letters on behalf of the Council oPPosing Senate Bill 2522, which would preclude Local Regulation of Off-Sale Beer and Wine Retailers, and Assembly Bill 4146, which would put a Limitation on City Regulatory Powers Over Gas Stations That Sell Beer and Wine. Council Members approved. Item g - Declaration as Surplus Property, Breathing Apparatus Air Compressor and Accessories Council Member Gallagher recommended that the monies received from the sale of the surplus equipment be put directly into the General Fund, instead of being used as Chief Doug Hamp requested. He said the Chief could then make a request to purchase the fire safety equipment. Mr. Mack said the basis for Chief Hamp's request is that the Fire Department was budgeted monies to purchase fire safety clothing. He said that special wild land fire fighting clothing was needed for the Las Pilitas Fire and the monies were used for that. On motion of Council Member Gallagher, seconded by Council Mem- ber Johnson, and unanimously carried, to approve Items 6 and 7 as recommended, and Item 9 with the equipment sale monies going into the General Fund. . -- CITY COUNCIL APRIL 22, 1986 ARROYO GRANDE, CALIFORNIA PAGE TWO LINDA DRIVE/OCEAN VIEW SCHOOL IMPROVEMENTS Mr. Mack referred the Council to the "Design of Playground 8 and Parking Lot for Ocean View School" map designed by Garing, Taylor and Associates, engineers for Lucia Mar School District. He briefly described the project and said the entire project would be paid for by the School District. Public Works Director Paul Karp said that at the direction of the City Council, Staff has been working with Lucia Mar School District's civil engineer to improve traffic patterns at Ocean View School. He said the School Board is being presented the grading plan for playground and yard courts, concurrently with the City Council. He explained the proposal in his report of April 15, 1986, and recommended that the City Council conceptually approve a proposal by Lucia Mar School District to realign a portion of Linda Drive between Brisco Road and Brighton Avenue. ROBERT GARING of Garing, Taylor and Associates explained the plan to reconstruct Linda Drive on a new alignment. He said Linda Drive would be widened, with curbs, gutters on both sides, and sidewalks on the school frontage, and p new parking lot constructed with places for the school buses to park. He said basically the City would be getting a new street, Lucia Mar would get a new parking lot and new playgrounds. He said there would be a trade of property. He said the school district would plant the slopes. There were Council questions on street alignment, slopes, parking and sidewalks. Council Member Johnson said she was concerned about the unsafe conditions with parking and driving in the Linda Street area between Brighton and Montego, and that she hoped the new proposal would alleviate some of the problem. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to conceptually approve the proposal by Lucia Mar School District to realign a portion of Linda Drive between Brisco Road and Brighton Avenue. TRAFFIC SIGNAL FEE ORDINANCE Mr. Mack said that this item was continued from the last meeting. Council Member Moots recommended a change in the Ordinance. He recommended that if a shopping center has to buy a traffic signal that it be subject to only 50 percent of what the fees would be. After Council discussion, Mr. Mack said the correct wording of Section 3-2.306, Paragraph 1, should read, "Should the Planning Commission or City Council find that traffic signals or other traffic control devices are necessary at locations other than those shown on the Signalization Map and are a result of a proposed new development, the Planning Commission or City Council shall require the proposed development to bear the full and complete cost of such traffic signal or other traffic control device installation as a condition to development and, in addition, to one-half or 50 percent of the assessment of fees required by Section 3-2.305. Fees assessed to the development will be applied to installation of proposed traffic signals identified on the Signalization Map." Mr. Mack read the title of the proposed Ordinance. On motion of Council Member Gallagher, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. C.S. ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING MUNICIPAL CODE BY ADDING ARTICLE 3, TO CHAPTER 2, TITLE 3, AND CREATING A TRAFFIC SIGNALIZATION FUND AND MEANS TO ASSESS FEES Mayor Smith noted the changes made in Section 3-2.306, and said that constituted the first reading of the Ordinance. - - -- CITY COUNCIL APRIL 22, 1986 ARROYO GRANDE, CALIFORNIA PAGE THREE PEARWOOD AND ROSEWOOD LANE STORM LINE REPORT Mr. Karp referred to his staff report of April 15, 1986, and said that the new drainage swales adjacent to the backyards of the Rosewood Lane Tract at the common boundary with Oak Crest Estates were completed. He said these drainage facilities will remain functional until permanent improvements are constructed with the final" phase of the Oak Crest Estates tract. He said the City had put a television camera through the Pearwood drain and there are no obstructions in the drain. He said the portion of the Pearwood line in the most need of repair lies in the street right of way of Pearwood Avenue. He said the City will be repairing those areas, but that much of the line is in very good condition and it is quite functional. He said the City completed construction of two manholes on the Pearwood pond drain line to improve access for future maintenance and inspection. He said that as of April 22, 1986, the City was still involved in repairing the damage to a line that was done when a drain line was tied into it from the Oliver property at 125 Rosewood Lane. PASEO STREET DEVELOPMENT PLANS REVISION Mr. Karp said that he did not have anything new to report except that Mr. Hap Brenizer, project developer, had indicated to him that he (Brenizer) did not feel he would be able to work out an arrangement with the owner of the necessary easement. Mr. Mack said that this item had been continued from the last meeting, it was resubmitted, and the plan provided for taking the storm drainage down to the creek. He said an easement would be necessary from a private property owner. He said at the last meeting it was learned that the private property owner would not sell the easement, and that two Council Members had indicated that they would not vote for condemnation. He said the Council explored the feasibility of placing a retention pond in the public right of way, but the consensus was that this was not a good solution. Council Member Gallagher made the motion that the item be dropped from the agenda until the matter of drainage is resolved and that the petitioner bring it back to the Council when it can be shown how the drainage problem can be solved. The motion was seconded by Council Member Porter and unanimously carried. MARSHA DUGGER of Century 21 Filer Realty, who represents the applicant, said they were working on alternatives for developing the property at this time. PUBLIC HEARING-PROPOSED SAFETY AND SEISMIC SAFETY ELEMENT OF THE GENERAL PLAN OF ARROYO GRANDE Planning Director Stan Eisner referred to the Transmittal of Planning Commission Action. He said that in 1984 the State legislature modified the list of mandated elements by combining the former Public Safety and Seismic Safety elements into a single element. He said the General Plan element is intended to be an overview of the City's emergency preparedness programs. He said individual safety programs are prepared and updated annually by the Police and Fire Departments, and are coordinated at a detailed level with the County Disaster Response Agencies. He said it is not the intent of the General Plan to provide detailed emergency response information, but instead to provide an internally consistent and coordinated program tying together all seven elements of the General Plan. He referred to the contents of the plan, listing Potential Hazards/Disasters and Disaster Response. He also referred to Page 22 on Project Implementation for the years 1985 to 1990, pointing out sections on Seismic Safety and Inspection of Bridges, Dvercrossings. Associate Planner Nancy Iversen, project manager, said the public has been informed about potential disasters and displayed the booklet distributed by the Police Department. She said Fire Chief Doug Hamp has developed video tapes and plans to develop others for use by organizations in the area. She discussed earthquake faults, and said wildfires also are a serious threat to the City. After Council questions of staff, Mayor Smith said the Notice of Public Hearing had been duly published and all requirements met for this public hearing and invited the public to address the Council. When no one came forward from the audience to speak, the public hearing was closed. ~ - CITY COUNCIL APRIL 22, 1986 ARROYO GRANDE, CALIFORNIA PAGE FOUR SAFETY AND SEISMIC SAFETY PUBLIC HEARING Continued Council Member Moots asked what would happen if there was an earthquake and power was lost. Mr. Eisner said that the overall response falls back to agencies such as PG&E, which has a system of response and coordinates with other entities. Council Member Moots asked about emergency radio communications and water services. Mr. Karp said the biggest destroyer in an earthquake is fire. He said this Council and others in the past have adopted policies to provide for gravity water storage tanks to fight fires. Mr. Mack said the City has a City Emergency Plan, and has Mutual Aid Agreements with other communities. Mrs. Iversen referred to page 15 of the element which refers to households' and businesses' need to prepare for a 72-hour period of self-sufficiency. There was a discussion of ways to inform the public of the need for disaster preparedness and Mayor Smith suggested sending a notice to all citizens saying what is in the last paragraph on Page 15. Council Member Johnson said the explosion of the Titan missile at Vandengerg Air Force Base recently and the hazardous waste in trucks on our freeway are good examples of why citizens should be prepared with 72-hour emergency kits. Council Member Gallagher suggested an inventory of buildings, and of City facilities, etc. that need to be brought up to earthquake standards. Ms. Iversen said the Element refers to types of buildings most resistant and susceptible to quakes. Mr. Mack said the Village could be adversely affected, and directed the Council to consider the Element satisfactory, that there is no need for an ordinance related to Seismic Safety at this time. Ms. Iversen directed Council to Page 22, the Project Implementation page and noted information in the Technical Appendix. Mr. Eisner read the title of the proposed Resolution adopting the Element. On motion of Council Member Gallagher, seconded by Council Member Johnson, to dispense with further reading of the Resolution. RESOLUTION NO. 1949 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE SAFETY AND SEISMIC SAFETY ELEMENT OF THE GENERAL PLAN the foregoing Resolution was passed and adopted on the 22nd day of April, 1986. LE POINT STREET WIDENING AT HOOSGOW PARK Mr. Karp referred to his Staff report of April 17, 1986, and said the City has received an application for a building permit for the parcel of land at the northwesterly corner of Miller Way and LePoint Street. He said the builder also is the owner of a parcel of land on the south side of lePoint Street labeled 07-192-20 (previously developed). He said the builder has asked the City what street improvements would be required with a building permit for the parcel. He said the City Staff replied that it would be necessary to construct curb, gutter and sidewalk on the lePoint Street frontage in conformance with the City's plan line. Mr. Karp referred to Exhibits A,B,C,D and E maps and a summary of property acquisition attached to his report. He asked the Council to decide which alignment and access it preferred. Council Member Gallagher suggested that the Council hold a Continued meeting at 4:00 P.M. Wednesday, April 23, 1986, at the lePoint site to see the area and make a better decision. Council Members agreed and invited members of the press and public to go along. CENTRAL COAST CHRISTIAN ACADEMY/OAK PARK ACRES AMENDMENT TO SPHERE OF INFLUENCE AND URBAN SERVICE AREA RESOLUTION Mr. Mack said the City has received from the Grace Bible Church a request to annex a parcel of property on which a new church and school will be built in the future. He said the property is outside the City limits, and showed on a map the current status of the property. He said basically the State of California sets up a Sphere of Influence and a Sphere of Services. He said the State tells the City that through the Local Agency Formation Commission certain areas around the City will come into its present Sphere of Influence, and eventually in 10 to 20 years, become a part of the City. -, CITY COUNCIL APRIL 22, 1986 ARROYO GRANDE, CALIFORNIA PAGE FIVE CENTRAL COAST CHRISTIAN ACADEMY/OAK PARK ACRES SPHERE OF INFLUENCE AMENDMENT RESOLUTION Continued He said that the City of Arroyo Grande's Sphere of Influence was established two years ago by LAFCO, and the Central Coast Christian Academy and Oak Park Acres were not included. He said that now the Church wishes to be annexed to the City but it must be included in the Sphere of Influence first. He said that in 1980 the City had entered into an agreement to furnish water and sanitary sewer facilities for the school. He said if the Council adopts the Resolution, LAFCO will decide whether or not to accept the property into the Sphere of Influence. He said if LAFCO decides to approve the amendment, it would ask the City how it wishes to pre-zone the site. There were Council questions on the size of Oak Park Acres, and REUBEN KVIDT, developer, said it was 155 acres. There was a discussion of the watershed and Meadow Creek drainage. Council Member Porter said if Oak Park Acres became a part of the City's Sphere of Influence, it could control the drainage from Pismo Beach into Meadow Creek. Council Member Moots said he had concerns about providing City services such as water to more property and cutting down the City's water supply. MR. KVIDT said it is logical to include Oak Park Acres in Arroyo Grande's Sphere. After more discussion, Council Members decided to include the Central Coast Christian Academy property and Oak Park Acres in the Resolution to LAFCO. Mr. Mack read the title of the Resolution. On motion of Council Member Johnson, seconded by Council Member Gallagher, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1950 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REQUESTING A HEARING BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) FOR AN AMENDMENT TO THE CITY OF ARROYO GRANDE SPHERE OF INFLUENCE AND URBAN SERVICE AREA On motion of Council Member Gallagher, seconded by Council Member Johnson, and on the following roll call vote, to wit: AYES: Mayor Smith and Council Members Gallagher, Johnson, Moots and Porter NOES: None ABSENT: None the foregoing Resolution was passed and adopted on the 22nd day of April, 1986. COUNCIL RECESSED FROM 9:00 to 9:10 P.M. RESOLUTION SETTING NUISANCE ABATEMENT HEARING FOR 379 CORBETT CANYON ROAD Mr. Mack said the residence of Neal Milne, 379 Corbett Canyon Road, may have been converted illegally from a single-family structure to a multi-family structure. He said the proposed Resolution calling for an abatement hearing is recommended for Council adoption. He said the Resolution would set the Public Nuisance Hearing for May 27, 1986. After Council discussion, Mr. Mack read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1951 A RESOLUTION OF INTENTION TO CONDUCT A PUBLIC NUISANCE HEARING FOR THE PREMISES AT 379 CORBETT CANYON ROAD UNDER THE PROVISIONS OF ORDINANCE NO. 309 C.S. -, CITY COUNCIL APRIL 22, 1986 ARROYO GRANDE, CALIFORNIA PAGE SIX RESOLUTION SETTING NUISANCE ABATEMENT HEARING FOR 381 CORBETT CANYON ROAD Continued On motion of Council Member Gallagher, seconded by Council Member Johnson, and on the following roll call vote, to wit: AYES: Mayor Smith and Council Members Gallagher, Johnson Moots and Porter ' NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 22nd day of April 1986. ' OAK PARK ESTATES TRACT 1149 FINAL MAP APPROVAL Mr. Karp referred to his staff report of April 18, 1986, and to a map which was attached thereto. He said that Tract 1149 is the last large residential development in Oak Park Acres to be approved. He said the subdivision has been held up contingent upon the development of a large high pressure water system now under construction. He recommended that the Council proceed as outlined in his staff report. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to accept the Final Map approval of Tract 1149, Oak Park Estates, with the findings recommended by the Staff. GRAND AVENUE TRAFFIC SIGNAL STATUS REPORT Mr. Karp said the Staff will prepare a warrant study as suggested by Western Commercial Development Company in its letter of March 28, 19B6. He said a State warrant cannot be met with accident data alone, additional study must be completed, and the study requires rental of traffic counting equipment and a period of time to complete necessary counts. He said counters are being installed and the information will be sent to Western Commercial, and the Council will be informed of the status of the project. SCAT Report Mr. Mack said that the SCAT bus system is now in operation again as of April 22, 1986. He said that Carol Harrison will continue to operate the SCAT system as an employee of the Santa Barbara Transportation System, Inc. He said the contract which she has with the SCAT board has been approved and assigned to Santa Barbara Transportation, which has provided the City with a Certificates of Insurance in the proper amounts to operate the system. He said in effect you will see no changes in SCAT between now and July 1, 1986. He said bids have gone out for people to operate the system for the next two or three years. He said Santa Barbara Transportation has indicated it will be a bidder. Mayor Smith asked if the new buses will be delivered in May, and Mr. Mack said the tentative date is June 7, 1986. WATER SYSTEM IMPROVEMENTS REPORT Mr. Karp said a key element of the Council Resolution adopting the Urban Water Management Plan late last year was a statement that the City would continue to improve both water quality and provide for future domestic demands within the City. He said to initiate implementation of these goals set forth by the City Council in that resolution, the staff has taken six actions listed in his Staff Report of April 15, 1986. He asked that two Council Members be appointed to meet with Staff, address three main issues in the Report and then inform the Council of the progress. In the Staff Report Mr. Karp discussed how the City currently meets water quality standards. He said that in order to maintain the State quality standards, as well as those outlined by the City Council in adoption of the Urban Water Management -. C!TY COUNC I L APRIL 22, 1986 ARROYO GRANDE, CALIFORNIA PAGE SEVEN WATER SYSTEM IMPROVEMENT REPORT Continued Plan, Staff believes construction of groundwater treatment plants to filter objectional materials from the domestic water supply is desireable. He listed.th~ee projects ~hich could be funded from the State loan program, and saId If other fundIng becomes available from such sources as new bond laws, or the "super fund" administered by EPA, Staff would recommend additional projects. Mayor Smith appointed Council Members Moots and Gallagher to the Committee, and said they will be reporting back to the Council. DIXON ALLEY EASEMENT AGREEMENT Mr. Eisner said the Planning Department has completed negotiations with the Bank of America Trust for a revokable easement agreement for the property. He said the easement, when executed, will allow the City, in conjunction with the Downtown Parking and Improvement District, to improve a walkway connecting the municipal parking lot and East Branch Street (The Village). He said the required action would be 1. Authorize the Mayor to sign for the City for the purposes of completing the execution of the contract agreement, and 2. Authorize Staff to prepare the necessary bid documents and construction plans as a preliminary step to commencing work on the wa 1 kway. He said the final impact would be that final construction bids and design will be returned to the City Council for approval, and major funding for this project is anticipated to come from the Downtown Parking and Improvement District budget. Mr. Eisner said he hopes the project can be completed by the July Diamond Jubilee celebration this year. On motion of Council Member Moots, seconded by Council Member Gallagher, and unanimously carried, to approve the required actions recommended by Mr. Eisner. ELM STREET RIGHT OF WAY AT FARRDLL ROAD REPORT Mr. Karp referred to this Staff Report of April 15, 1986, on widening of the easterly frontage of Elm Street between the "Strawberry Patch" and Farroll Road. He said the City Council indicated a desire to know what would be involved to complete acquisition and construction of Elm Street at the referenced location. He said Staff estimates a right of way cost including negotiations and title work at $30,000.00. He said Staff estimates construction of a fully improved street including curb, gutter and sidewalk, street lights, paving, inspection, and staking at $96,000.00. Mr. Mack recommended that the Council defer acquisition and improvements until private development of adjoining private party. He said there is no funding available in the 1986/87 Budget. FINAL READING OF HAZARDOUS MATERIALS AND WASTE ORDINANCE Mr. Mack said this is the second and final reading of this ordinance which basically says that any parties causing environmental damage or hazardous spills must pay for the costs of containing the spills and ultimate removal of the hazardous waste. On motion of Council Member Gallagher, seconded by Council Member Porter, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. 344 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AODING CHAPTER 10 TO TITLE 6 RELATING TO HAZARDOUS MATERIALS AND SUBSTANCES . CITY COUNCIL APRIL 22, 1986 ARROYO GRANDE, CALIFORNIA PAGE EIGHT FINAL READING OF HAZARDOUS MATERIALS AND WASTE ORDINANCE Continued On motion of Council Member Gallagher, seconded by Council Member Porter, and on the following roll call vote, to wit: AYES: Mayor Smith and Council Members Gallagher, Johnson, Moots and Porter NOES: None ABSENT: None the foregoing Ordinance was passed and adopted the 22nd day of April, 1986. lOT LINE ADJUSTMENT, 507 lE POINT STREET Mr. Karp referred to his Staff Report of April 18, 1986, and said the lot line adjustment is located at the northeasterly corner of the intersection of lePoint Street and Crown Terrace. The area is zoned R1, and classed low density residential in the land Use Element of the General Plan. He said the map reorients the lots from substandard frontages on Crown Terrace to a configuration shown on the map which conforms to City Zoning. He said the resulting parcels are 7,000 and 7,006 square feet. He recommended that the City Council accept on behalf of the public the offer of dedication for road widening and street tree easement, and find that the Parcel Map AG-Al 84-213 is consistent with the City General Plan, Zoning, and conditionally approved tentative map, and approve Parcel Map AG-Al 84-213. On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, to approve the Staff recommendation. MUEllER TRACT MAP NO. 1314 Mr. Karp said tne property is located on the easterly frontage of Spruce Street between Poplar and Ash Streets. He said it is zoned R-3 Medium High Residential. He outlined the various findings necessary for the Council if it were to approve the project. After general discussion and some questions the Council wanted to explore further, on motion of Council Member Gallagher, seconded by Mayor Smith, and unanimously carried, to deny the project at this time and place the item on the May 13, 1986, agenda. I ADJOURNMENT TO CLOSED SESSION The meeting was adjourned at 9:55 P.M. to a Closed Session. RECONVENEMENT The meeting was reconvened at 10:35 P.M. All members of the Council were present. Council Member Gallagher requested that the City Manager send a letter . to Zone 3 Water Advisory Committee requesting that it undertake a study of the feasibility of adding lime to Lopez water at the treatment plant. Council concurred with the recommendation. Council Member Johnson stated that the next step in the remodeling of the City Council Chambers was the installation of duct work and wiring on the ceiling. Council discussed colors for the painting of the front exterior of the building and authorized Council Member Johnson to proceed with the remodeling at a cost not to exceed $5,000. Council Member Moots moved, Council Member Gallagher seconded, a motion for the Council to continue its meeting to Hoosgow Park to study the lePoint Street widening concept. The meeting would be held on site after the Special Meeting and Public Hearing to be conducted Wednesday I April 23, 1986. Council Member Porter called for the question, after unanimous vote, that Council continue its meeting to Hoosgow Park, after the Special Meeting and Public Hearing on April 23, 1986. MAYOR ATTEST: