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Minutes 1986-05-27 CITY COUNCIL MAY 27, 1986 ARROYO GRANOE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor B'Ann Smith presiding. Upon roll call Councilmembers Matt Gallagher, Dorace Johnson, Gene Moots and D.G. Porter were all present. PLEDGE OF ALLEGIANCE AND INVOCATION Councilmember Porter led the Pledge of Allegiance to our flag. Counc il- member Johnson delivered the invocation. RECOGNITION OF JOHN A. STEFFAN Mayor Smith presented a plaque of recognition and thanks to John A. Steffan, who has served on the Parking and Traffic Commission from April, 1979, to May, 1986. ORAL COMMUNICATIONS None CONSENT AGENDA Councilmember Gallaqher withdrew Items 6, 7 and 10 from the Consent Agenda for discussion. Councilmember Porter withdrew Item 15. On motion of Council- member Johnson, seconded by Councilmember Moots, and unanimously carried, to approve Items 1 through 5, 8 and 9, and 11 to 14. 1. Minutes of May 13 and May 21, 1986 (Recoamend Approval) 2. Cash Disbursement Ratification and Demand Register (Reconmend Approval) 3. Parks and Recreation Month Proclamation (Recomnend Mayor Proclaim) ... John A. Steffan's Resignation from Parking and Traffic Camlission (Recoamend Acceptance) 5. May 20, 1986 Planning ('~..ion Answered Agenda (Information) 8. March 20, 1986 Zone 3 Advisory Coomittee Minutes (Information) 9. March, 1986 SCAT Monthly PerfoDDance Report (Infocmation) 11. DiDon Walkway Project Report (Infocmation) 12. Resolution Authorizing City Street Oosure for Diamond Jubilee Celebration Parade (Reconmend Approval) 13. Tract 1223, Magnolia Drive, Public Improvements Acceptance (Recoamend Approval) H. Tract 1345, (1118 Grand Avenue), Final Approval (Recoamend Approval) 6. May 14, 1986 Parks and Recreation Commission Meeting Notes Counc i lmember Ga 11 agher quest i oned the "Greenbelt System Report and Assessment" item on the Parks and Recreation Commission agenda. Counc il members decided to let the Commission answer the questions listed in the item with regard to the Greenbelt, and report to the Council. 7. April 17, 1986 Parking Advisory Board Minutes Council member Gallagher asked about the "Sidewalk Cleaning" project, and Planning Director Eisner said the Downtown Parking and Improvement Committee would be paying for it. He said the job has been completed. --. CITY COUNC I L MAY 27, 1986 ARROYO GRAND, CALIFORNIA PAGE TWO CONSENT AGENDA CONTINUED 10. Lea9ue of California Cities' Legislative Bulletin Nos. 17 and 18, 1986. Councilmember Gallagher asked that a letter be written from the City opposing AB 2908, which would put limitations on Local Authority to Deny Residential Development Approvals. Council agreed. He asked Public Works Director Paul Karp to review and comment at the next meeting on the bill SB 2477 - 1911 Act Street Improvements. 15. Call for Bids - Chips Seal Various City Streets Councilmember Porter led the discussion of this item. City Manager Robert Mack said these are two of three allocations the City is receiving from the State as a result of it entering into litigation with the Oil Companies for overcharging at the gasoline pumps in the 1970s. He said the State won the case and the funds are to be used for street maintenance work only. He recommended that the City expend the funds from City Acount No. 20-4800-123. On motion of Councilmember Porter, seconded by Councilmember Johnson, and unanimously carried, to approve Items 6, 7 and 10, and Item 15 as amended. RIGHT OF WAY, 175 TALLY HO ROAD Mr. Karp referred to his staff report of May 19, 1986, and recommended that the City Council consider the correspondence from Attorneys Shaw and Walker, dated May 5 and 9, 1986; review the agreement dated April 24, 1986, proposed between the property owner and the City regarding the right of way and improvement of Tally Ho Road at 175 Tally Ho Road, and proceed with the project. He further recommended authorizing the Staff to proceed with the work outlined in the a9reement under a new budget appropriation, authorizing the Mayor and City Clerk to execute the agreement, and accept the Grant Deed subject to the agreement. Mr. Karp said the project would cost approximately $14,000 to $15,000 and is expensive because a retaining wall may be required, there would be relocation of power poles, repaving of the road and driveway. On motion of Councilmember Gallagher, seconded by Councilmember Porter, and unanimously carried to approve Mr. Karp's recommendation. GRAND AVENUE/COURTLAND TRAFFIC SIGNAL STATUS REPORT Mr. Karp referred to a letter which had been given to the Council at the last meeting and was drafted by the City to Western Commercial. He said the letter provided information Western Commercial had requested, and told about a traffic warrant study and notification that the City is entering into a traffic signalization ordinance. He said the letter said that the City has no intention of reimbursing Western Commercial or anyone else funds expended for traffic signals. He said the letter outlined the proposed split of costs between the City, Lucky's Market and Payless Drugs. He said Lucky's and Payless had approved, and he is now awaiting an answer from Western Commercial. Councilmember Moots suggested another phone call, and Mr. Karp said he would do so. NIGHT BALL FIELD STATUS REPORT Mr. Eisner referred to his staff report of May 21, 1986, explaining the complaint received regarding the night lighting on the sports field and action taken by the City. Mayor Smith asked what procedure a citizen goes through to install such lighting. Mr. Eisner said all that is required is a building electrical permit. Mayor Smith said the problem is of a high impact nature. Mr. Eisner said the pastor of the church where the lights are installed is very cooperative and said the lights would be adjusted as much as possible to minimize the impact on the surrounding neighborhood. ~ CITY COUNCIL MAY 27, 1986 ARROYO GRANDE, CALIFORNIA PAGE THREE RECOMMENDATION TO PROHIBIT ALCOHOL CONSUMPTION ON CITY PROPERTY Parks and Recreation Director John Keisler referred to his staff report on the subject of the alcohol ban. He said the Parks and Recreation Commission has recommended an ordinance banning the use of alcohol on City property. He said the City has ordinance against drinking alcohol on City sidewalks and in parking lots. He said the Commission felt the City could no longer assume the liability risk of permitting alcohol on City property, and that it appears that most problems occur on facilities and at events where alcohol is served. He said that one alternative to completely eliminating alcohol is to require the party or caterer to provide the City with liquor liability insurance and name the city as a third party in the coverage. He said the pros for an alcohol ban ordinance were there would be no doubt about where the City stands on the issue, it would reduce risks, it would be a deterent to van- dalism and it would help the Police solve problems before they became serious. He said the cons were it would reduce the rental of the Community Building, service clubs would lose the monies they make on the bars, it would punish all of the citizens because of the small percentage who cause trouble, it would impose enforcement problems. Councilmembers expressed regret at having to pass such an ordinance, but felt it is necessary at this time and directed Mr. Keisler to prepare an ordinance for first reading at the next Council meeting. PRESENTATION OF PROPOSED 1986/87 BUDGET City Manager Robert Mack said the new budget was ready for Council discussion. He listed the dates for Council study sessions on the budget, and it was decided that the Council would meet at 1:00 P.M. on May 29 and June 6, 1986. Mr. Mack said copies of the proposed budget are available at the City Hall. LE POINT STREET IMPROVEMENTS (CURB, GUTTER, SIDEWALKS, ETC.) SPREADING OF COSTS- PUBLIC HEARING Mr. Karp referred to his staff report of May 20, 1986. He explained the spread of assessment and the payment process. He said the City incurred a cost of $4,452.55 which was associated with the concrete work in the project. He said only $3,738.55 has been assessed against the property owners as required by law. Mayor Smith said the Notice of Hearing had been duly posted and mailed in conformance with the Streets and Highway Code, and the hearing was declared open. When no one came forward to speak, the public portion of the hearing was closed. Mr. Karp read the title of the Resolution concerning the levying of assess- ments. On motion of Councilmember Gallagher, seconded by Councilmember Johnson, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO.1962 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS AND LEVYING ASSESSMENT FOR THE INSTALLATION OF CONCRETE CURBS, GUTTERS. SIDEWALKS, DRIVEWAY APRONS AND DRIVEWAY CONFORMANCE On motion of Councilmember Gallagher, seconded by Councilmember Johnson, and on the following roll call vote, to wit: AYES: Mayor Smith and Councilmembers Gallagher, Johnson, Moots and Porter NOES: None ABSENT: None -- C!TY COUNC I L MAY 27, 1986 ARROYO GRANDE, CALIFORNIA PAGE FOUR REVISION OF AGRICULTURE ZONES FOR CONSISTENCY WITH CITY'S GENERAL PLAN - PUBLIC HEARING Mr. Eisner said that last year, following public hearings, the Planning Commission recommended and the City Council adopted modifications to the City's Comprehensive General Plan dealing with agricultural lands. He said that following the. adoption of the amendment, staff has undertaken the necessary amendments to the Zoning Ordinance text and the Zoning Map - a modification necessary to fully implement the goals, objectives and policies of the Gereral Plan. He listed six specific actions to be considered as a part of the General Plan implementation program, and these are in his May 21, 1986 staff report. He referred to the map identifing those areas that fell within the desig- nations of General Agricultural land or Prime Farmland. He said the Planning Commission, following its public hearing on the six recommended actions, modified its recommendation to the City Council by deleting recommended action No.6, "Modify the Zoning Map by changing those properties designated as Prime Farmland and zoned RA-B3 to A-1." He said the reason it was deleted included the four points listed on the staff report. He referred to the Planning Commission's five recommendations to the City Council. He said the recommendations were made after a study session and two public hearings. He said the five recommendations were 1. Repeal existing "A" Agricultural Zone text, 2. Adopt a new A-1 zone which is identified as "Prime Farmland," with a 10 acre minimum, 3. Adopt new A-2 Agricultural District text, 4. Modify the zoning map as indicated in the revised map, changing some of the existing "A" zoned parcels to "A-1" where indicated in accordance with the General Plan "Prime Farmland" designation, and 5. Modify the zoning map by changing existing parcels zoned "A," but not within the definition of Prime Farmland, to "A-2" District in accordance with the General Plan. He referred to the wall map showing 1. Prime Farmland, 2. superimposed areas given up or committed to some level of urbanization, 3. hillside agri- cultural land, and 4. Prime Farmland - RA-B3. Mayor Smith said the notice of public hearing had been duly published and all requirements governing hearings had been met and the hearing was declared open. H.E. BEEN of 1010 Flora Road spoke against downzoning to control growth. He said his land had been downzoned in 1982, and now the Council wants to do it again. He said he does not make a profit on his farm land. TONY MARSALEK OF 536 E. Cherry said he had farmed his land at Cherry and Branch Mill Road and was subjected to a dust problem and could not use proper pesticides because the land was surrounded on two sides by residences. He said each parcel should be judged on how it can produce and what it will do to the owner of the property. He said water is a problem, and agriculture uses more water than private residences. EVERETT JONES of 950 Huasna Road said the Council should not try to keep the City beautiful at the expense of the property owners. He said this County still has property rights. L.E. "VAN" VANDEVEER of 756 Myrtle Street discussed the property at Branch Mill Road and Cherry Avenue. He said there are 13 acres and 11 owners. He said the lots are two acres and smaller. He said the land does not lend itself to agricultural uses. MRS. ALBERT STILWELL of 734 Myrtle Street said the area under discussion is more of a residential area. TOM RUNELS of 586 Valley Road said at this time many farmers are making a good living here, and do not wish to sell the land. He said each parcel should be weighed on its own merits. He said that his land is marked on the Zoning Map wrong. -~ CITY COUNCIL MAY 27, 1986 ARROYO GRANDE, CALIFORNIA PAGE FIVE REVISION OF AGRICULTURE ZONES FOR CONSISTENCY WITH GENERAL PLAN Continued ALBERT STILWELL of 734 Myrtle Street asked who determines where land is Prime Farmland, and Mr. Eisner said the information came from a report of the Soil Conservation Service, 1984. JOHN RUNELS of 213 Miller said that a funeral home and a church had been built on Prime Farmland along Fair Oaks Avenue. PAUL HADDOX of 587 Valley Road said there should be some tax adjustment for people who own farmland, and if people want to look at farmland they should pay for the privilege. COKER ELLSWORTH of 129 Bridge Street said his land consists of 10 acres of flat land and 6 acres of hillside land. He said he would lose $41,000.00 if he were to try to farm the land. He said if drainage is a problem, why does the City want him to farm on flood land. He said his land is in the middle of two subdivisions, and said the City should follow the Planning Commission recommendations. H.E. BEEN said the City is trying to prevent owners from using their land. GLENN PETERS of 776 Myrtle Street said he is not in favor of the changes, and said it is obvious to everyone that this is not viable farm land. TOM RUNELS said that many people who own large parcels are elderly. He said the Government may have a different view as to the value of the land when it comes to inheritance taxes. City Attorney Art Shaw said the Property Tax Assessor would probably appraise the land as rural residential even though the City says it is agriculture land. C.S. KUREK of 603 E. Cherry Avenue said that according to a newspaper article, with development progressin9 the way it is, a portion of the County's vegetable growing land will surely be lost. Once the land is gone it is 90ne, he said. Mayor Smith called for others to speak, and closed the public portion of the hearing. Councilmember Moots be9an Council discussion of the matter. He said that the land where Mr. Been and Mr. Jones live in the A.D. zone went to a referendum many years ago and the voters decided on the zoning not the Council. He said beyond that he was in agreement with the recommendations of the Planning Commission. Councilmember Johnson said she wanted more time to look at the proposals of the Planning Commission. Councilmember Gallagher suggested a Study Session on the matter. Councilmember Porter said he is interested in the Prime Farmland but there is no way to put the small parcels back into 10 acres. He said parcels 10 acres and up can be farmed. He said, unlike other areas, Arroyo Grande land can produce two and one-half crops per year. He said we must protect the farmers and Prime Farmland from encroachment as long as it is viable to farm. He said the proposed ordinance is for the betterment of agriculture in the future. Mayor Smith said this Public Hearing would be continued to a Study Session at 1:00 P.M. Wednesday, June 18, 19B6, at which time the Council will further deliberate on the matter. COUNCIL RECESS FROM 9:10 P.M. TO 9:22 P.M. APPEAL OF PLANNING COMMISSION'S DENIAL OF MINOR SUBDIVISION ON HIGHWAY 227 BETWEEN PASEO AND CORBETT CANYON ROAD BY L.E. GUIDOTTI-PUBLIC HEARING Mr. Eisner explained that this was an appeal of the Planning Commission's denial of a lot split application to create four (4) parcels ranging in size from 40,463 sq. ft. He said the applicant is L.E. Guidotti, represented by San Luis Engineering. He said the Planning Commission, following a public hearing on this resubmittal, voted to deny the application when the developer objected to certain conditions recommended by the Public Works Department. 'J CITY COUNCIL MAY 27, 1986 ARROYO GRANDE, CALIFORNIA PAGE SIX APPEAL OF PLANNING COMMISSION'S DENIAL OF MINOR SUBDIVISION ON HIGHWAY 227-Continued Mr. Eisner said, in summary, that the denial had to do with the fact that the applicant objected to the Public Works conditions and the Plannin9 Commission finding that they were a matter of the policy of the City. Mayor Smith said the notice of public hearing had been duly published and all requirements governing hearings had been met and the hearing was declared open. JIM MC GILLIS of San Luis Engineering said this is a complicated project. He said the applicant, Mr. Guidotti, has graded the property in such as manner that the proposed homesites would be on the high areas and above the 100-year flood zone. He said the applicant objected to Condition No.2 of the Public Works Department which would require split rail fencing and a concrete pathway. He said this is an RA-B3 development, not a city-type development. He said a creekside park would be a whole different development. He said there was objection also to Condition No.3, a street improvement plan. Councilmember Gallagher said a City easement should be there for main- tenance of the channel. He expressed concerns about flooding even with the grading done by the applicant. Mr. Mack referred to Mr. McGillis' letter of May 25, 1986, asking for clarification of the City policy on Tally Ho Creek where it runs through the applicant's property. Mr. Mack also referred to his answering letter of April 3, 1986. Mr. Mack said Mr. McGillis' idea of a home owners association does not allow the density to be increased. He said Mr. McGillis seems to be saying, "Wave the subdivision regulations as they apply to this particular property." Mr. Mack said the Greenbelt Study is merely to get some specific standards which could be applied throughout the community. He said that on creekside properties easements do not decrease the size of the parcel and are counted as part of the total acreage. EARL GUIDOTTI, project applicant, told about how he had cleared the creak area on his property and felt that there would now be no flooding. Mayor Smith called for others to speak, and closed the public portion of the hearing. Councilmember Moots asked about the number of street lights requested, and the answer was one per parcel. There was a further discussion of Public Works condition No.3. Councilmember Johnson said the items in No.3 condition were necessary. Councilmember Gallagher said he was still worried about flooding and maintained there should be easements on both sides of the creek for main- tenance and he said the items in No.3 were necessary. Councilmember Porter discussed the dimensions of a 100-year flood and questioned the drainage to the creek. Mayor Smith discussed traffic hazards on Highway 227, including access to the parcels. She said all new houses on Tally Ho Road should be built up high off the flood plain. After further Council discussion, Councilmember Gallagher moved to continue this subject to the next City Council meeting. His motion died because of the lack of a second. On motion of Councilmember Johnson, seconded by Mayor Smith, to uphold the decision of the Planning Commission and deny the appeal of the applicant, and on the following roll call vote, to wit: AYES: Mayor Smith and Council Members Gallagher and Johnson NOES: Councilmembers Moots and Porter ABSENT: None the motion was passed. -, CITY COUNCIL MAY 27, 1986 ARROYO GRANOE, CALIFORNIA PAGE SEVEN AMENDMENT TO SUBDIVISION ORDINANCE/REVERSION TO ACREAGE - PUBLIC HEARING Mr. Eisner said the purpose of the ordinance is to eliminate lot lines that may divide structures on two contiguously owned parcels of property. Mayor Smith said the notice of public hearing had been duly published and all requirements governing hearings had been met and the hearing was declared open. When no one came forward to speak, the Mayor closed the public portion of the hearing. Mr. Karp read the title of the Ordinance. On motion of Councilmember Gallagher, seconded by Councilmember Moots, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE REQUIRING LOT COMBINATIONS OR REVERSION TO ACREAGE WHEN STRUCTURES ARE ERECTED ACROSS PARCEL LINES Mayor Smith said that constituted the first reading of the Ordinance. SLO AREA COORDINATING COUNCIL JOINT POWERS AGREEMENT: ANNUAL RATIFICATION AND UPDATE REVISIONS Mr. Mack explained the 1986/87 agreement and minor update revisions. On motion of Councilmember Gallagher, seconded by Councilmember Moots, and unani- mously carried, to ratify the agreement. ADJOURNMENT TO CLOSED SESSION AT 10:50 P.M. RECONVENEMENT TO REGULAR SESSION AT 11:20 P.M. RESOLUTION ADOPTING MEMORANDUM OF UNDERSTANDING WITH ARROYO GRANDE POLICE OFFICERS' ASSOCIATION Mr. Mack read the title of the Resolution. On motion of Councilmember Moots, seconded by Councilmember Gallaqher',~unanimously carried, to dispense with further reading of the resolution. RESOLUTION NO. 1963 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MEMORANDUM OF UNDERSTANDING WITH THE ARROYO GRANDE POLICE OFFICERS ASSOCIATION WHICH CONTAINS A SALARY SCHEDULE, POSITION CLASSIFICATIONS AND SALARY STEPS WITHIN THE RESPECTIVE RANGES OF THE SALARY SCHEDULE FOR 1986/87, 1987/88 AND 1988/89 AND REPEALING RESOLUTION 1776 On motion of Councilmember Gallagher, seconded by Councilmember Johnson, and on the following roll call vote, to wit: AYES: Mayor Smith and Councilmembers Gallagher, Johnson, Moots and Porter NOES: None ABSENT: None the foregoing resolution was passed and adopted the 27th day of May,1986.