Minutes 1986-11-25
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CITY COUNCIL NOVEMBER 25, 1986
ARROY.O GRANDE, CALIFORNIA 7:30 P.M.
The City Council met in regular session with Mayor B'Ann Smith
presiding. Upon roll call, Council Members Dorace Johnson, Gene
Moots and D. G. Porter were present, and Council Member Matt Gallagher
was absent.
PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Johnson led the Pledge of Allegiance to our Flag;
and immediately thereafter, the Reverend Everett Taylor of First
United Methodist Church delivered the invocation.
RECOGNITION OF ARROYO GRANDE FUTURE FARMERS OF AMERICA (FFA) NATIONAL
CHAMPIONS
Mayor Smith read a proclamation honoring the Livestock Judging
Team, Steve Gambril, Rosemary Farao and Gene Beamer, all 1986 Arroyo
Grande High School graduates, and their coach Steve DeRose, Head
of the High School Agriculture Department. She presented to Doug
Hitchen, Arroyo Grande High School Principal, a plaque noting the
achievement.
ORAL COMMUNICATIONS
None
CONSENT AGENDA
On motion of Council Member Moots; seconded by Council Member
Porter, to approve Consent Agenda Item$ 1 through 12, 1 4 and 15,
on the following vote, it wit: .\,.
AYES: Mayor Smith and Council Members Johnson, Moots and Porter
NOES: None
ABSENT: Council Member Gallagher
1. Mmut:es of November 11 .and 13, 1986 (R ecommend Approval)
2. Cash Disbursement: R..tification & Demand Registers (Recommend Approval)
3. Prockmation, N"tioual Family \leek, November 23-29, 1986 (Recommend Mayor
tI:l" ,:~~ ." ~.c1aim)
4. November 18, 1986, t'Janning Comuiisaion Answered Agenda (Information)
5. November 17, 1986, Parlcing and Traffic Commission Minutes (Information)
6. Nove..ber 12, 1986, Par\<s and Recreation Commission
Meeting Notes (Information)
7. October, 1986, Crin.e Prevention Report (Information)
8. TlUrd Ql>4rter, 1986, San Luis Obispo County Air Po1WtWn
Control D istr~t: . (Information)
9. Sonic Cab1e TV'. Upgradmg of Services and New Price
Rate Schedule (Information)
IO. October, 1986, SCAT PeIformance Report (Information)
11. Gener-.u. P1a,u of Cix:y of A.rroyo Grande, - DISTRIJIUnON ONLY,
Ekments of Circuktion, Noise, SeisDW: Safety and
Bowring (Information & File)
14. Progress Paymenl: No.2 - Traffic Way Sewer Improvements
Project No. 70-86-1 (Recommend Approval)
IS. ResoJutioll to Establish Stop S;gn at Linda Drive
and Ehn Screet (Recommend Adoption)
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CITY COUNCIL NOVEMBER 25, 1986
ARROYO GRANDE, CALIFORNIA PAGE TWO
CONSENT AGENDA Continued
Item 12. Fire Fighter Safety Clothing - Award of Bid
Council Member Porter asked if standards were issued, and if
so, why did not San Diego Fire Equipment meet those standards?
Fire Chief Douglas Hamp said that the company lately had not been
reliable, and that other fire departments also have had trouble with
it. He said that the company did not bid on the exact clothing
used now.
Item 13. Resolution Setting Public Hearing Re. Possible
Nuisance Abatement - 175 Tally Ho Road
City Manager Robert Mack requested that this item be withdrawn.
He said accord had been reached with the persons who control the
property with the camper. He said if the problem is not solved
the matter would be brought back to the Council.
Item 16. Traffic Signal - Grand Avenue/Courtland - Call for Bids
Council Member Porter expressed concerns that most of the parties,
Lucky's Market, Western Commercial, City Corps Savings, Joe Scolari,
had not paid their portions of the cost of the signal design.
Public Works Director Paul Karp' said that the Council will be able
to make a final decision in January, when the award of the con-
struction bid is discussed. Council Members Moots and Johnson
said that there should be further correspondence with all parties
being requested to make voluntary contributions toward the signal
installation. Mr. Karp said that as soon as the bids are opened,
he would send each party a bill for the balance with a letter saying
that possible cancellation of the project is possible if voluntary
contributions are not forthcoming.
On motion of Council Member Moots, seconded by Council Member
Johnson, and unanimously carried, to approve Items 12, 13 (withdrawn)
and 16, as recommended.
REQUEST FOR CITY-FINANCED DRIVEWAY RECONSTRUCTION-280 Tally HO ROAD
Mr. Karp referred to his Staff Report of November 20, 1986, In
which he explained conformance problems the City is having with John
E. Rhone of 280 Tally Ho Road. Mr. Rhone is constructing curb and
gutter improvements on his property. Mr. Karp states that he had
met twice with Mr. Rhone since writing his memo. Mr. Rhone asked
the City to construct additional driveway up to 44 feet long and
approximately 19 feet of retaining wall zero to 2~ feet high. Mr.
Rhone also asked the City to finance fence reconstruction.
After Council discussion, on motion of Council Member Johnson,
seconded by Council Member Porter, and unanimously carried, to
authorize City Funding for reconstruction of a portion of concrete
driveway at 280 Tally Ho Road, subject to provision of the City of
appropriate rights of entry by the owner of the property. The
Council said if Mr. Karp receives a Right of Entry and the property
owner relocates portions of his fence, the City will pay for up
to 30 feet of concrete paving and build the slopes suggested in
the memo.
REQUEST FOR FINANCIAL CONSIDERATION RE. INSTALLATION OF CURB, GUTTER
AND DRIVEWAY APRON AT 294 TALLY HO ROAD, G. B. THURMAN
Mr. Karp referred to his Staff Reports of November 3 and 20,
1986, and to an October 28, 1986, letter from Garold B. Thurman,
requesting special financing for improvements to his property. Mr.
Karp said he had been advised by City Attorney Art Shaw that
public monies cannot be loaned to private individuals unless an
assessment district if formed. After Council discussion, members
came to the consensus that Mr. Thurman's request be denied.
DRAINAGE IMPROVEMENTS' REQUIREMENTS FOR WALNUT VIEW ESTATES, LOT
SPLIT CASE 85-408, CHERRY/BRANCH MILL ROAD (Continued from 11/11/86)
Mr. Shaw referred to a letter from Gerald Weaver, attorney for
the applicant, requesting a continuance. Mr. Shaw said the present
Council must act on this matter. He suggested thp~ Mayor Smith allow
CITY COUNCIL NOVEMBER 25, 1986
ARROYO GRANDE, CALIFORNIA PAGE THREE
WALNUT VIEW ESTATES LOT SPLIT CASE 85-408 Continued From Page Two
testimony from any member of the public who would not be able to
attend the meeting on this Lot Split case, which was continued to
December 1, 1986. Mayor Smith invited the public to speak.
MRS. ALBERT STILLWELL of 734 Myrtle said she would like to
hear the testimony at the December 1, 1986, meeting, but probably
would not be able to attend. Mayor Smith said written testimony
would be acceptable. Mrs. Stillwell had questions about the City's
recommendations for mitigating the drainage, and Mayor Smith
directed Mr. Karp to provide her with a copy of his recommendations
to the Council of the minimum requirements necessary to mitigate
drainage concerns for the Lot.Split Case 85-408; his discussion
of the recommendations, and the Tentative Parcel Map AG 85-015.
Mrs. Stillwell was told she could pick up the Recommendations
from Mr. Karp's office any time during normal working hours.
ALBERT STILLWELL of 734 Myrtle said he is concerned that the
City may allow a drainage system that would be a "band-aid." He
said that it should allow for a 100-year-storm, and the drainage
from Newsom Springs has to be considered.
Mayor Smith said the public hearing would be continued to
December 1, 1986, at 1:00 P.M., in City Council Chambers.
PARKS AND RECREATION CCMMISSION I S RID:MMENDATION FOR CONSUMPI'ION OF ALCOHOLIC
BEVEHAGES ON CITY PROPERTY
Parks and Recreation Director John Keisler told the Council that many
Citizens are requesting that alcoholic beverages be allowed at City facilities.
He presented to the Council petitions bearing 109 signatures of people supporting
the amendIrent of the Ordinance banning the alcohol. He said the Parks and
Recreation Corrmission had been discussing the matter for sane time, and that
comnissioners are concerned about the decline in reservations for the Community
Center. He said the Ccmnission is also requesting the ban be lifted fran
the parks and playing fields.
On motion of Council Member Moots, seconded by Council Member
Johnson, and unanimously carried, to accept into the record the
petitions presented by Mr. Keisler.
Mr. Keisler said the Commission had suggested that the Council
consider a policy similar to that adopted for County facilities,
whereby a user would have to provide $250,000 worth of liability
insurance coverage that names the City as an insured party. He said
homeowners policies presently provide such coverage.
Council Members expressed concerns about policing park users,
and Mr. Mack reminded the Council that a $250,000 liability policy
would only cover the City for the first $250,000 in damage claims.
He said settlements beyond that amount would have to be paid by the
City. Council Members Porter and Johnson also expressed concerns
about having alcohol at City parks.
GEE GEE SOTO of 312 Alder Street said that even if the Ordinance
were adopted, adult sports participants would not be able to
consume alcoholic beverages at sporting events unless they had a
permit from the City.
Council Member Moots said he had no problems with the
Commission's suggestion.
On motion of Council Member Porter, seconded by Council Member
Johnson, and on the following roll call vote, to wit:
AYES: Council Members Johnson, Moots and Porter
NOES: Mayor Smith
ABSENT: Council Member Gallagher
the Council voted to draft an amendment to Ordinance 348 C.S. permitting
the use of alcohol in the Community Building, 211 Vernon Avenue, with
the stipulation that a $250,000 liability insurance policy is posted
with the City. The Council supported retaining alcohol restrictions
at the City parks.
CITY COUNCIL NOVEMBER 25, 1986
ARROYO GRANDE, CALIFORNIA PAGE FOur,
JAMES WAY NUISANCE ABATEMENT PROGRESS REPORT
Mr. Karp said the City has received the plans on which a permit
could be issued for the James Way construction. He said unfortunately
those plans include design of improvements on Tally Ho Road frontage
belonging to Mrs. Lauthbury. He said if Mr. Carrithers, representative
of the owner at 238 James Way, wishes a permit under our permission
given at the last meeting, we could so issue one. Council Members
questioned Mr. Karp about what progress Mr. Carrithers has made to
mitigate problems he created when grading was done without a City
permit. Mr. Karp said Mr. Carrithers had been primarily involved
with preparing the plan. Council Members expressed concern about
the imninent rainy season and said that they had given him every
benefit. They said the City staff had been very patient and they
(the Council) was now pushed as far as it was going to be pushed.
Council Member Moots said that it was made clear two weeks ago what
was expected. Mr. Shaw said that Mr. Carrither's time to appeal
has passed, and the City can proceed to abate the nuisance and place
a lien on the property. Council Member Johnson asked if the brush
had been cleared on the property, and Mr. Karp answered in the nega-
tive. She said she regrets that the owners of the property arc now
going to have to pay for the City to abate the nuisance caused
by others.
On motion of Council Member Porter, seconded by Council Member
Johnson, and unanimously carried, to direct City staff to go ahead
and do whatever is necessary to abate the nuisance at 238 James Way
and to clear the brush. Mr. Mack suggested that included in the
motion should be that emergency measures should be taken by the
Public Works Department because of the i.mminentrainy season, and
that it should be clear that Mr. Karp has the authority not to havc
to go through the bidding process to have this work done. The Council
approved.
RANCHO GRANDE-TRACT 1132 APPROVAL.& PARCEL MAP APPROVAL AG 83-013
Mr. Karp referred to his Staff Report of November 21, 1986,
concerning the Final Approval for Tract 1132. He said the referenced
tract is located within the Rancho Grande subdivision and generally
lies northerly of Saint Patrick's School and southerly of James Way.
He said the area is being divided into 134 single family lots confor-
ming to the specific plan outline.d in Ordinance 186 C.S. and sub-
sequent revisions. He posted the Tract 1132 map on the board, and
gave the Council copies of the Irrevocable & Perpetual Offer to
Dedicate, which was being revised due to errors in the description.
After Council discussion, on motion of Council Member Porter,
seconded by Council Member Moots, and unanimously carried, to accept
Mr. Karp's recommendations which include:
1. Accept on behalf of the public the "Irrevocable and Perpetual
Offers to Dedicate' (to be revised) for rights of way shown on the Tract
Map as the following: Strip B (water easement and reservoir access),
Strip C (water easement), Lot C (reservoir site), Lot D (pump station
site) , and Parcel 5 (drainage easements SA through 5E; and
1A. Reject with prejudice the previously recorded Irrevocable
and Perpetual Offer to Dedicate.
2 . Accept on behalf of the public Strip A (water easement and
reservoir access dedicated on the previous Parcel Map AG 77-103,
but rejected without prejudice to future acceptance); and
3 . Find that actions for one and two above relieve the contingency
placed on the time extension approvals for the tentative Tract Map
1132 and Parcel Map AG 83-013; and
4 . Accept on behalf of the public subject to satisfactory com-
pletion of improvements, the offers of dedication shown on Tract 1132
for streets, with adjacent cuts and fill slopes; and easements for
street trees, storm drains, class A drainages, and ingress and
egress; and
CITY COUNCIL NOVEMBER 25, 1986
ARROYO GRANDE, CALIFORNIA PAGE FIVE
RANCHO GRANDE Continued
5. Accept on behalf of the public the water rights within
Tract 1132; and
6. Reject without prejudice to future acceptance the offers
of dedication for class "B" d~ainage easements; and
7. Find that the required public and private improvements are
necessary prerequisites to the orderly development of the community;
and
8. Find that Tract 1132 is consistent with the conditionally
approved tentative map found by the Planning Commission and City
Council to be consistent with the General Plan and City zoning
ordinances applicable to the property and its development; and
9. Authorize appropriate fund transfers subsequent to City
purchase of the park site in order to negate the developer's financial
liability for certain subdivision fees owed to the City by the
Developer and outlined in the invoices to the
developer dated October 10, 1985, and December 17, 1985. In confor-
mance with the previous approved park land acquisition agreement
and attached copy of the developer's letter dated November 11, 1986; and
10. Authorize extension of the developer's secured improvement
agreement from November 15, 1986, to January 15, 1987, as requested
in the letter to the City dated November 18, 1986; and
11. Approve Tract 1132.
Mr. Karp referred to the Parcel Map AG 83-013 posted on the
board. He referred to his Staff Report of November 21, 1986,
titled "Approval of Parcel Map AG 83-013." He said the map serves
the combined purpose of splitting the commercial parcel, created
under parcel map AG 77-103, into four parcels, and adjustment of
the lot line between the commercial parcel and the unplanned area
shown as "remainder" on parcel map AG 83-013. He said the parcel
map fronts on West Branch Street and is bisected by Rancho Parkway,
and the adjusted lot line lies along the future center line of
Camino Mercado.
After Council discussion, on motion of Council Member Porter,
seconded by Council Member Moots, and unanimously carried to approve
Mr. Karp's recommendations, which included:
1. Consider approval of Tract 1132 prior to adoption of the
following recommendations; assuming that action has been previously
taken; that the City Council is requested to take the following
additional actions:
2. Accept on behalf of the public the offers of dedications
shown on the map for streets, street trees; drainage and sewer
easements; ingress and egress easements; and water rights; and
3. Find that the required improvements are necessary prerequi-
sites to the orderly development of the area; and
4. Find that Parcel Map AG 83-013 is consistent with the
revised tentative map found by. the Planning Commission and City
Countil to be consistent with the General and Specific Plan and
City zoning ordinances applicable to the property and its develop-
ment; and
5. Approve Parcel Map AG 83-013.
CITY COUNCIL NOVEMBER 25, 1986
ARROYO GRANDE, CALIFORNIA PAGE SIX
RANCHO GRANDE Continued
Mayor Smith expressed her approval of the way Rancho Grande
is being developed and the requirements the City of placing on
the subdivision. PETER C. MILLER, who represents OTTSE, Inc. ,
developers of Rancho Grande, thanked the Council and City staff for
their endurance and acceptance.
"OLD"BANK OF AMERICA PARKING REQUIREMENT REDUCTION
Planning Director Stanley Eisner referred to his Staff Report
of November 7, 1986, titled "Request for Required Parking Reduction."
He said that City zoning codes require that commercial structures
provide one space for each 200 square feet of retail space or pay
into a parking district at the rate of $3,000 per space. He said
that although the Bank of America was permitted to operate with only
16 spaces, the building has been vacant for more than six months
and so the bank's parking provisions no longer apply. He said City
zoning codes permit the Council to reduce parking requirements to
3/5s of the City standard, and that the Downtown Parking Advisory Board
Ilad recommended that reduction unanimously.
Mayor Smith questioned the Board's action saying that the
members are usually diligent in enforcing the parking requirements.
Mr. Eisner said he believed that board members were concerned about
the building remaining empty and perhaps believe that some parking
would be preferable to having the 5,800-square foot building remain
vacant.
In a memorandum written, but not presented to the Council,
Mr. Shaw raised several questions about consistency in the application
of City policies. He said that provisions for reducing parking
requirements should be applied only in accordance with an adopted
policy, not on a case by case basis.
WILLIAM KAPP of 617 Woodland Drive explained his plans for the
building to the Council. He said he was contused by Mr. Shaw's
memo, and accepted time to study it.
Mayor Smith said the Council also needed more time to study
the memo and it was the consensus to continue this item to Tuesday,
December 9 , 1986.
RESOLUTION AMENDING BASE YEAR EXPENDITURE APPROPRIATIONS LIMITS
Finance Director David Bacon reviewed his Staff Report of
November 14, 1986, titled "Re-calculation of Base Year Appropriation
Limit, and Subsequent Year Limits." On motion of Council Member
Moots, seconded by Council Member Johnson, and unanimously carried,
to dispense with further reading of the Resolution.
RESOLUTION NO. 2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING ITS 1978-1979 BASE
YEAR AND SUCCEEDING YEARS EXPENDITURE
APPROPRIATION LIMITS FROM TAX PROCEEDS
On motion of Council Member Moots, seconded by Council Member
Johnson, and on the following roll call vote, to wit:
AYES: Mayor Smith and Council Members Johnson, Moots and Porter
NOES: None
ABSENT: Council Member Gallagher
the foregoing Resolution was passed and adopted this 25th day of
November, 1986.
.
CITY COUNCIL NOVEMBER 25, 1986
ARROYO GRANDE, CALIFORNIA PAGE SEVEN
OAK PARK INTERCHANGE PROGRESS REPORT
Mr. Mack informed the Council that preliminary work on the
Oak Park Boulevard/U.S. 101 interchange is proceeding. He said
officials from the three South County cities have signed agreements
for joint maintenance and participation in the project, and County
officials are expected to set aside special funds for maintaining
nearby drainage basins. Council Members expressed concerns that
the County would not set aside adequate funds or would only fund
maintenance for a short time and leave Arroyo Grande responsible for
costs. They urged City staff to ask the County officials to ensure
the maintenance costs are adequately provided for.
HIGHWAY 227 BYPASS STUDY REPORT
Mr. Mack referred to his Staff Report of November 18, 1986,
titled "Hiway 227 Bypass Study." He told the Council that while
a bypass study was included in the state's five-year traffic im-
provement program, there were no state funds nor Caltrans time
budgeted for the study. He said it will be up to the City to
take the lead in beginning a study, which could cost $100,000 to
$200,000. He said a similar study in Hollister is costing $800,000.
He recommended that the Council leave the decision on the new traffic
study to new Council members, who will be seated December 2, 1986.
The Council approved his recommendation.
DOWNTOWN PARKING ADVISORY BOARD VACANCY APPOINTMENT
None made.
WRITTEN COMMUNICATIONS
None
ORAL COMMUNICATIONS
Council Member Johnson encouraged all Council Members to
participate in the Grover City Christmas Parade December 6, 1986,
by riding in a vehicle. Other Council Members said they would be
doing so.
Council Member Porter asked why work has not begun on the
traffic signal at Mason and Branch Streets. He asked Mr. Karp to
look into the matter.
Mr. Mack asked the Council if would prefer to delay the start
of work on the traffic signal under after the holiday season. The
Council said it would like the work to go ahead.
ADJOURNMENT TO SPECIAL MEETING
Mayor Smith adjourned the meeting to Monday, December 1, 1986,
when Drainage Improvements' Requirements for Walnut View Estates,
Lot Split Case No. 85-408, Cherry Avenue at Branch Mill Road,
will be discussed. Time for that meeting is 1:00 P.M.
MAYOR
ATTEST:
CITY CLERK
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