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Minutes 1983-12-13 SP . - .f ~ ._~ CITY COUNC I L DECEMBER 13, 1983 ARROYO GRANDE, CALIFORNIA JOINT SESSION 6:30 P.M. The ~ity Council met in Joint Session with the Parks and Recreation Commission with Mayor Smith presiding. Mayor Smith called the meeting to order at 6:40 P.M. to discuss and consider adoption of the Taylor/Schott master plan for the develop- ment of the Soto Sports Complex. Upon roll call Council Members Lawrence Vandeveer and Matt Gallagher were present; Commissioners Dorace Johnson, Patricia Sanger, GeeGee 50to, Mike Thomas, Alex Woolworth, Judy Tappan, Billy Howells were present. Also in attendance were City Manager Mack, Parks and Recreation Director John Keisler, and Public Works Director Paul Karp. CouncIl Members Mark Millis and Karl Hogan were absent. Mayor Smith turned the meeting over to Commissioner Johnson, who introduced Parks & Recreation Director Keisler. . Mr. Keisler said the Commission had studied the master plan and had approved and endorsed it with three important conditions and one modification, as outlined in the memo of December 7, 1983, addressed to the Mayor and Council. Mr. Fred Schott, Engineer, was present to answer questions. City Manager Mack said he concurred with the r~commendations of the Commission for adoption of the Plan including the conditions, if 135 acre feet Is permitted with a ~ol icy I imi ting storm drain.age from major new development..: If Counci I agreed to such a,policy, Mr. Mack said Staff ~ill prepare an implementation plan. Councilman Gallagher said he felt another study should be done that ties directly to the Elm Street Basin; what the watershed will put into the park. He said all excess water must be moved to another location or buIld on-site storage; the study should show how much water will come into the complex and what to. do wi th i to MR. RANDY SMITH, 1035 Magnolia, said at least ten studies had been done and since the Complex is a natural runoff spot, he felt the City should do something about drainage now. COUNCIL MEMBERS MILLIS AND HOGAN ARRIVED AND ARE NOW PRESENT. MR. CLARK MOORE, 1180 Ash, said 100% of the watershed is going to the developed area and he thinks the Plan needs reviewing. He said the water can be regulated but the sandy soil has a saturation limit calling for a spillway or some method for reI ief. Following discussion, Mayor Smith directed the item be put on the Agenda for the next Council meeting so further discussion can take place. Mayor Smith adjourned the Joint Session at 7:30 P.M. The Regurar Session was called to order by Mayor Smith at 7:38 P.M. All members were present. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Pro Tem Gallagher led the Pledge of Allegiance to our Flag. Reverend Larry Waggoner, Grace Bible Church, delivered the Invocation. APPROVAL OF MINUTES A motion was made by Councilman Hogan, seconded by Councilman Millis, and unanimously carried, approving the minutes of November 22 and December 6, 1983, as presented. APPROVAL OF CHECKS On motion of Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried, Demand Checks Nos. P603 through p612 and Nos. 21281 through 21367, in the total amount of $214,077.70; and Payroll Checks No. 26388 through 26621, in the total amount of $149,461.84, were approved for payment as presented by Finance Director David Bacon. ORAL COMMUNICATIONS None. , ! -----..- ---.-- ----~._-- --. . ""'" . - CITY COUNC I L DECEMBER 13, 1983 ARROYO GRANDE, CALIFORNIA PAGE TWO. Mayor Smith welcomed the "Youth in Government" Counterparts to the Council Meeting. CONSENT AGENDA A motion was made by Councilman Vandeveer, seconded by Councilman Hogan and unanimously carried, approving Consent Agenda Items #7 through #17B as rec~ended. 7. Minutes and/or Answered Agendas: REVIEW AND FILE A. Planning Commission Meeting of December 6, 1983. B. Zone Three Report on November 17, 1983 Meeting of Board. C. South San Luis Obispo County Sanitation District Minutes of 11/8/83.' 8. Insurance Claims: RECOMMEND DENIAL OF CLAIMS A. Dennis M. Pulvertaft, Incident of July 13. 1983. B. William Poletti. Incident of July 30,1983. 9. SCAT: A. Monthly Performance Report for October, 1983. REVIEW AND FILE. B. Authorization for Release of $10D in Tokens. RECOMMEND APPROVAL. C. Authorization for Release of $52 in Tokens. RECOMMEND APPROVAL. 10. Official Approval By Council of Council Member and Commission List for City of Arroyo Grande (as Required by Government Code Section 54972). RECOMMEND APPROVAL. 11. Official Youth Election Results and Schedule for "Youth in Government Day" on Tuesday, January 17, 1984. INFORMATIONAL ONLY. 12. League of California Cities: A. Legislative Bulletin No. 46-1983. REVIEW AND FILE. B. Arbitration. 5B 778 (Dills). APPROVE CORRESPONDENCE RECOMMENDED. C. Employee Relations Institute 1/25 and 26, 1934. INFORMATIONAL ONLY. 13. Departmental Monthly Report for November, 1983. REVIEW AND FILE. 14. 1984 Burn Days. RECOMMEND APPROVAL. 15. Report on 803 Cornwall Acquisition Costs. INFORMATIONAL ONLY. 16. Acceptance and Authorization to Pay - Re: Existing Steel Tank Reservoir and Steel Bridge and Sidewalk Deck - City Project No. 60-90-83-1. RECOMMEND ACCEPTANCE AND APPROVAL. 17. Lot Split Case No. 83-381. Richard DeBlauw. RECOMMEND APPROVAL. 17A. Award of Bid, Word Processing. RECOHMENO AWARD OF BID. 17B. Deep Well and Blending System Construction. RECOMMEND DISBURSEMENT OF FUNDS. ORDINANCE ADOPTION RE. EROSION CONTROL AND GRADING Public Works Director Paul Karp read the title of the Ordinance. A motion was made by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. 303 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE REPEALING THE PRESENT GRADING ORDINANCE (MUNICIPAL CODE SECTION 7-1.01 THROUGH 7-1.22) AND ADOPTING A NEW GRADING ORDINANCE (MUNICIPAL CODE SECTION 7-1.01 THROUGH 7-1.15) A motion was made by Councilman Vandeveer, seconded by Councilman Gallagher, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith NOES: None ABSENT: None the foregoing Ordinance was passed and adopted on the 13th day of December 1983. m _.._--~-~- ~._~'~'---_._.~ ~ . . , .- CITY COUNCIL DECEMBER 13, 1983 ARROYO GRANDE, CALIFORNIA PAGE THREE. LOPEZ LAKE SAFE YIELD REPORT City Manage.r Mack said the County Counsel had rendered a verbal opinion that the safe reI iable yield on Lopez may be reduced and that matter is going before the County Supervisors December 19, 1983. In response to that report, the County Board of Supervisors, as the Zone 3 governing board, could amend the safe yield and all of its ramifications as they relate to Arroyo Grande. He said Mayor Smith had sent a letter to the Board of Supervisors stating the City's position opposing such a reduction of the yield and the reasons therefor. Mr. Mack and Mr. Karp plan to attend the meeting on Oecember 19, to object to any favorable consideration by the Supervisors for reducing the safe yield. Mr. Mack recommended the legal ~ounsel also attend the same meeting. .Mr. Shaw agreed to attend the meeti ng and represent the City. Mayor Smith suggested that each Council Member, and other interested parties, each call the Supervisors and state their position on the subject. OAK PARK SAFETY PROGRESS REPORT City Manager Mack reported that the Interim Safety Committee met on November 29, 1983, and a copy of the minutes of that meeting were provided. He said the Long Range Committee meeting was December 7, 1983, and they reviewed the Cal Trans painting that had been done at the intersection. Other long term.problems were discussed at the meeting concerning Oak Park traffic designs, and a map was posted to illustrate proposed solutions dealing with traffic lanes, right-of-ways, alignment of on/off ramps. Mr. Mack recommended that Council authorize conveyance of a letter to the City of Pismo Beach calling their attention to these matters and requesting proper resolution. Mr. Mack said Staff had met with Grover City Staff regarding the Sheraton Inn project which will impact on the traffic problems. He asked Council's authorization to send a letter to Grover City asking their. attention to the problem and attempt to resolve the problem. Another matter discussed during the meetings was how to deal with long term financing for major improvements to the Oak Park problem. Mr. Mack recommended Council ask Senator Maddy and Assemblyman Seastrand to sponsor legislature which would create a bill to permit the City to sell bonds Statewide. The proceeds of those bonds to be lent to local communities to correct the highway related problems, and to payoff the monies over a 20 year period of time. Mr. Mack then recommended a letter from all the Mayors of the. area, to the Board of County Supervisors that states agreement that Oak Park is a major problem and that the 1984/85 budget contain provisions for Cal Trans engineering, and design of a solution to the problem. A motion was made by Councilman Hogan, seconded by Councilman Vandeveer, and unanimously carried, to send the letters to the parties as recommended by Mr. Mack. PUBLIC HEARING TO CONSIDER THE ORDINANCE ESTABLISHING FUNDING FOR ADDITIONAL SCHOOL FACILITIES TO RELIEVE OVERCROWDING IN LUCIA MAR UNIFIED SCHOOL DISTRICT Mr. Mack said, as requested by the Council at its last regular meeting, Staff had prepared an Ordinance and a Resolution, which if adopted would implement fees based on new development which would go to the Lucia Mar School District, and would be utilized for interim school facilities financing. He said the Ordinance would go into effect 30 days after adoption, but would have no impact upon any development currently in progress. He'said the Resolution provides for a schedule of fees that has been developed through negotiations between South County Economic Development Administration and the Lucia Mar School District. The fee schedule is.based on the size of the dwelling unit. Mayor Smith said the public hearing had been duly published and all requirements met and declared the hearing open for comments from the public. MR. FRANK FEKETE, Attorney, Unified Lucia Mar School District, said he had serious concerns about the Ordinance in its present form, and suggested recon- sideration of several sections. BOB MIODLETON, of Pismo Beach, distributed a letter to the Mayor and Council, dated December 2. 1983, which was addressed to the Editor of the San Luis Obispo Telegram-Tribune: and discussed said letter proposing an initiative to force the County Supervisors to' adopt a local income tax levied against all residents in. the County. '.",>. ----"----'-"--.-----.., -""' . . - C!TY COUNC I L DECEMBER 13, 1983 ARROYO GRANDE, CALIFORNIA PAGE FOUR. JACK GHORMLEY, President, South County Economic Development Association and of Bonita Homes, Oceano, said South County builders and businesses have been' working with Lucia Mar in regard to the adoption of an establishment of a uniform fee structure .that would be reasonable. He said he felt a simple and uniform ordinance and fee structure should be adopted by Arroyo Grande, Pismo Beach, Grover City and the County. GARY HAGERTY, Shell Beach, submitted petitions from Shell Beach and Branch School. On motion by Councilman Hogan, seconded by Councilman Millis and unan!- . . , mously carried, accepting the petitions into the record by the City Council. Others speaking in favor of an" Ordinance and fees were: Steve Cool, Rich 50lferino, Georgie O'Conner, Melody Brady, Darlena Alexander, Richard Leshevski . , AI Spierling, Roger Fuller, Arnold Finch, .Louis Dyke, Bill Sommermeyer, Mel Cannon, Sam Pence and Bob Hoagland. Dr. Hoagland said he felt all Staffs should be urged to work together and use monies toward permanent facilities rather than temporary. He.urged adoption of the Ordinance with revisions, and requested rescheduling the first reading of an amended ordinance at the.next Council meeting. Mayor Smith declared the public portion of the hearing closed, and further comments limited to the Council. THE COUNCIL MEETING WAS RECESSED AT 9:15 P.M. AND RECONVENED AT 9;2]P.M. Mayor Smith asked the City Staff to comment on public hearing comments, especially in reference to the Ordinance, and specifically in the ways the fees are to be collected. City Manager Mack said the fees ar~ collected by the school district, and regarding the way the ordinance works: basically, the developer comes to the City to process his building plans, and City asks if developer wants to offer land, or pay fees, and sends him to the school district. The school district sends back a certificate authorizing the City to issue a building permit. There are no hearings unless the school district objects to acceptance of the fees or land dedication. -- Furth~r discussion followed by Council Memb~rs and the City Attorney. On motion by Counci Iman Vandeveer, seconded by Counci Iman Hogan, and unanimously carried, for the City to work with the School District, coming up with an amended version of the Ordinance at the next meeting.. FESTIVAL THEATRE/WEST BRANCH STREET IMPROVEMENTS City Manager Mack said Council approved conditional use permit for the theatre previously. Since that approval, the possibility of creating a new interchange ramp on West Branch Street, midway between Brisco and Oak Park, has come up. He referred to a posted map and the only site that Cal Trans had determined an on/off ramp could be. Mr. Mack then requested Public Works Director Karp to indicate how the proposed interchange would effect street designs by Festival Theatre. Mr. Karp indicated that the proposed preliminary design requested of Cal Trans by City Staff would necessitate redesign of West Branch Street and resulting significant utility relocation costs (possibly $150,000 in gas and telephone facilities relocation cos ts). Mr. Karp indicated that permanent construction of West Branch Street to al ignment grades established by Festival's Engineer would preempt relocation of the freeway northbound ramps to the location proposed by Cal Trans. Furthermore, any construction on an interim alignment should be considered unusable if the Cal Trans plan is ever accepted by the City. , RICHARD JEHA, President, Festival Enterprises, said he. felt he had acted in good faith designing West Branch Street prior to the Cal Trans proposal and could not delay his project (scheduled for opening in May, 1984, to meet summer motion picture release dates preceding this year's Olympic Games) based on a preliminary plan that may never be implemented. He indicated that he was willing to make a proposal that would protect the City's interest as well as permit him to proceed toward completion dates which suit his needs. Jeha introduced his Engineer, Mr. Steve Sylvester, to make the proposal. Mr. Sylvester said that Mr. Jeha was prepared to build what was called an interim road between Festival site and the existing portion of West Branch Street in the vicinity of the Catholic Cemetery. That portion of the roadway was to be ..- . - -.--- ~. . . .- CITY COUNCIL DECEMBER 13, 1983 ARROYO GRANDE, CALIFORNIA PAGE FIVE. constructed two lanes wide, a minimum of 24 feet, with two inches of asphalt concrete over six inches of Class II base. That interim road is to have three foot shoulders and no curb or gutter on either side. Mr. Jeha will build the full street improvements on the site frontage of his project. These are to be permanent in nature and will include curbs, gutters and sidewalks, as well as street lights and other facilities. Mr. Jeha recognIzes that at some future date the City may elect to form an Assessment District to build the remainder of the frontage road facility. In that event, the City will determine whether to improve the interim facility to a permanent facility or to remove the Interim facility and grade same to a new alIgnment and grade which will facilitate the proposed interchange as suggested by Cal Trans. In the event the City elects to improve the interim facIlity to a permanent status, Mr. Jeha requests that he receive credIt for that portion of the Improvement which wIll apply to the ConstructIon of the permanent facility against his assessment as determined under Assessment District proceedings for District No. 81-1. In the event the facility is to be regraded to a new alignment, Mr.'Jeha recognizes that all of the work on the interim facility will be lost and he will be assessed for the new alignment according to the formulas established for the District. Mr. Sylvester then indicated that it would be appropriate that the City issue the building permit for the Festival Cinema with final changes on the Interim road plans to be completed in the next few weeks. Mr. Karp was requested to respond to the proposal. Mr. Karp said he felt that the City's needs would be protected by the fact that regardless of which alternative al ignment Is chosen it would be the Assessment District or some future developer who would be respon- sible for regrading or improving the facility. Mr. Karp indicated that there were certain requirements which should be placed on the building permit in the event the City CouncIl authorized its issuance. Those would include the following: (I) In order to receive credit for facilities constructed on the interim alignment, the developer must make arrangements through the City's Assessment District Consultants prior to commencing construction of the faci I i ty. (2) No occupancy shall be granted for the buildings until completion of the street improvements. (3) The deadline for finalization of the Interim road plans shall be January 31, 1984. Mr. Karp further indicated to the City Council that this merely delayed the decision for the City Council with regard to relocation of the northbound ramps in the vicinity of Oak Park and Brisco Roads.. He said within the next few months it will be necessary to begin design of West Branch Street for the Assessment District. Prior to commencement of that design work, the Council will be requested to confirm whether or not they wish to fully consider the Cal Trans proposal for the northbound ramps at the Cemetery. He said that such a relocation would necessitate closing of the northbound freeway ramp at Brisco Road~ Council Member Millis indicated that although he felt the ramps should and could. be relocated to the vicinity of the Catholic Cemetery on West Branch Street, there was no reason at all to close the northbound on/off ramps presently located at Brisco Road. On motion by Councilman Millis, seconded by Councilman Hogan, and unanimously carried, to support the Jeha proposal and authorize the building official to grant the building permit to Festival Enterprises, subject to the conditions stipulated by Public Works Oirector Paul Karp. Councilman Gallagher suggested a special study session seemed necessary and Mayor Smith said the session would be postponed until after the holidays. UTILITY RATE STRUCTURE REPORT Finance Director David Bacon pointed out the alterations proposed in the Ordinance to establish City sewer charges for multiple businesses served by a single sewer/water service, and the Ordinance to establish Lopez water charges for multiple businesses served by one water meter. Mr. Bacon read the title of the first Ordinance. On motion by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, to dispense with further reading of the Ordinance. . " ~- ~- ---- > '""" " ... CITY COUNCIL DECEMBER 13, 1983 ARROYO GRANDE, CALIFORNIA PAGE SIX. ORDHIANCE NO. C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE MUNICIPAL CODE TO ESTABLISH CITY SEWER CHARGES FOR MULTIPLE BUSINESSES SERVED BY A SINGLE SEWER/WATER SERVICE This constituted the first reading of the Ordinance. Mr. Bacon read the title of the second Ordinance. On motion by Councilman Gallagher, seconded by Councilman Vandeveer, 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 THE MUNICIPAL CODE TO ESTABLISH LOPEZ WATER CHARGES FOR MUNICIPAL BUSINESSES SERVED BY ONE WATER METER This constituted the first reading of the Ordinance. CONSTRUCTION STANDARDS, NOS. B4 AND B5 Mr. Karp said Mr. Bill Sommermeyer graciously agreed to sit (gratis) as Chairman of a committee to review driveway standards at the request of the Council. BILL SOMMERMEYER said the Committee was asked to consider the revising of driveway standards as presently exists. The concenSU5 so far is that the standards now are workable and see no reason to make changes. Council may want to consider a resolution for design philosophy. Mr. Karp said a resolution would be prepared and ready for the next Council meeting. .. PARKING AND TRAFFIC COMMISSION'S RECOMMENDED ACTIONS TO COUNCIL A. Relocation of Crosswalk At/Near Mid-State Bank: Staff was asked to. review the crosswalk location for a safer location. Upon completion of that review and considerable discussion at their meeting on November 28, 1983, the Parking & Traffic Commission recommended leaving the crosswalk as is. Business people in the area of the crosswalk asked to present petitions they had circulated. On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, accepting the petitions into the record as presented by Chuck Bruner, Fair Oaks Pharmacy. On motion by Councilman Hogan, seconded by Councilman Vandeveer, and unanimously carried, accepting the petitions into the record as presented by Carl Braun, Magic Carpet Books. Following discussion, a motion was made by Councilman Hogan, seconded by Councilman Gallagher, and unanimously carried, to accept Parking & Traffic Com- mission's recommendations to leave the crosswalk as is, and ask Staff to review existing signs for possible clarification. B. EI imination of "No Left Turns" at Bridge/Nevada/Branch Street Intersection: Mr. Karp explained the observations and Staff recommendations which were presented to the Parking & Traffic Commission at their regular meeting of 11/28/83. The Commission recommended that the "No Left Turns" onto Branch Street from Bridge and Nevada be eliminated. The City Council felt that perhaps this was a step backwards from~ctions taken earlier this year. Mr. Karp indicated that although the recommendation by the Commission was only to remove the "no left turns" off the side streets onto Branch, it had previously been a Staff recommendation as promoted by the Office of Traffic Safety that the left turns from Branch onto Bridge be prohibited and to allow a two-way left turn lane to provide a protected turn into the Car Corral from Branch Street. Considerable discussion followed which resulted in a motion by Councilman Gallagher, seconded by Councilman Millis, to eliminate the left turn by westbound traffic on Branch Street onto Bridge Street. After further Council discussion this motion was withdrawn. i - -----------... --_...--- I , -- . .. ~ CITY COUNC I L DECEMBER 13, 1983 ARROYO GRANDE, CALIFORNIA PAGE SEVEN. Another motion was made by Councilman Vandeveer, seconded by Councilman Hogan, to accept Staff recommendation, rather than that of Parking & Traffic Commission, which included not only elimination of the no left turns from Bridge and Nevada onto Branch Street,. but also to include a no left turn from Branch Street onto Bridge as promoted by the City Staff. On the following roll call vote, to wit: AYES: Councilmen Vandeveer, Hogan and Mayor Smith NOES: Councilmen Gallagher and Millis ABSENT: None the foregoing motion was carried. ADOPTI ON OF RESOLUTI ON RE: 1984 ()L YMP I C'S "CARRY THE TORCH DAY" Mr. Mack read the title of the Resolution. A motion was made by Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1735 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO OFFICIALLY SPONSOR A "CARRY THE TORCH" OAY IN JULY, 1984, DURING WHICH THE OFFICIAL TORCH OF THE GAMES OF THE XXIII OLYMPIAD. WILL BE CARRIED THROUGH ARROYO GRANDE. A motion was made by Councilman Vandeveer, seconded by Councilman Hogan, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 13th day of December 1983. ~~ SOUTH COUNTY HISTORICAL SOCIETY LEA5E(S) FOR WHITELEY AND/OR CORNWALL PROPERTIES. Mr. Mack said the Council previously determined that the Historical Society could have its choice of leases either in the Whiteley and/Dr Cornwall properties and the primary purpose of placing the item on the Agenda was to hear the desire of the Society. BARBARA CARLSON, President, Historical Society, said the time element of six months on lease would not. help them that much, and that offers from other cities had been received and would have to be considered. I , II ( ---..' After further discuss I on, Counc i I restated the offer of both bu lId I ngs for a period of six months. COUNCILMAN GALLAGHER EXITED THE MEETING AT 11:43 P.M. AND IS NOW ABSENT. APPOINTMENTS TO BLUE RIBBON COMMITTEE RE: NEW COUNCIL CHAMBERS/CITY HALL DEVELOPMENT Mayor Smith said the names presented were appointees to the Blue Ribbon Committee: Carrol Pruett, Don Talley, Thelma Love, Rueben Kvidt, Tom Stone, Deidre Foat, Dr. Pence, Ken Levine, Gordon Bennett and Howard Mankins. WRITTEN COMMUNICATIONS Councilman Hogan said he had received a letter from Mr. Sam Maksoudian requesting the City not to eliminate parking at his establishment at Elm and Grand Avenue. ORAL COMMUNICATIONS None. -~. ,,~ ' . . . CITY COUNCIL DECEMBER 13, 1983 ARROYO GRANDE, CALIFORNIA PAGE EIGHT. ADJOURNMENT TO CLOSED SESSION Mayor Smith adjourned the regular meeting to closed session at 11 :45 P.M. to consider a litigation matter. RECONVENEMENT AND ADJOURNMENT The regular meeting reconvened at 12:01 A.M. On motion by Councilman Vandeveer, seconded by Councilman Hogan and unanimously carried, to adjourn the regular meeting at 12:02 A.M. MAYOR ATTEST: DEPUTY CITY CLERK - -