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Minutes 1986-03-25 -~ . CITY COUNCIL MARCH 25, 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 Gallagher led the Pledge of Allegiance to our flag. The Reverend Gregory Waybright, pastor of Grace Bible Church of Arroyo Grande, delivered the invocation. ORAL COMMUNICATIONS BILL OLIVER OF 125 Rosewood Lane complained about flooding of his property during the recent storm. He said his swimming pool and patio had been damaged. City Manager Bob Mack said the City is investigating the reported damages, but that it is too premature to state or indicate who is responsible for the damages. He said until it is determined who caused the damages, it is irresponsible to condemn anyone. BILL SCHUH of 115 Rosewood asked when the results of the City Council's Closed Session and investigation of the flooding would be available, and Mayor Smith asked Mr. Schuh to speak with Public Works Director Paul Karp. CONSENT AGENDA Council Member Gallagher withdrew items 3,6,7,10,12 and 13 for discussion. City Clerk Nancy Davis said that on Page 3 of the March 11, 1986, minutes the second line of the first paragraph of the Hayes Appeal Public Hearing should read, "action denying a lot split that would create two parcels, one of 119,290". On motion of Council Member JOhnson, seconded by Council Member Porter, and unanimously carried to approve Consent Agenda Item 1 with the correction, and 2,4,5,8,9,11 and 14 through 16-B. 1. March 11 and 12, 1986 Minutes (Recommend Approval) 2. Demand Register (Recommend Approval) 4. Proclamation, "National (Hospital) Volunteer Week" (Recommend Mayor Proclaim) 5. February 24, 1986, Parking & Traffic Commission Minutes (Information) 8. Resolution Outlawing Telephone Lottery (Recommend Adoption) 9. Announcement of Joint Council-Park and Recreation Meeting on April 9, 1986 (Information) 11. League of California Cities" Legislative Bulletins Nos. 901986 and 10-1986 (Information) 14. January, 1986 SCAT Performance Report (Information) 15. October 11 and 12, 1985 San Luis Obispo County Air Pollution Control District Report (Information) 16. Announcement of 1986 Summer Youth Work Program (Information) 16A. Private Water Well, 737 Printz Road (Recommend Approval) 16B. Planning Commission Answered Agenda (Information) - CITY COUNCIL MARCH 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE TWO CONSENT AGENDA Continued 3. February, 1986, Deposit Report \ Council Member Gallagher referred to the City Report of Investment and asked why City monies were not placed at the banks with the higher interest rates. Mr. Mack said that the Time Certificates of Deposits were purchased where the highest interest rates could be obtained, but the rates shown on the report were when the rCDs were purchased, not when they mature. 6. March 12, 1986, Parks and Recreation Commission Meeting Notes Council Member Gallagher asked if the drainage at LaBarranca Park is satisfactory. Mr. Karp said yes, and added that the washed out sand at the base of LaBarranca is coming from James Way, previously under construction. He said it is the responsibility of R. Baker Construction to clean it up after each rain. Council Member Gallagher asked that letters of thanks be sent to those who worked to make the Volunteers Banquet a success. 7. Planning Department Projects' Status Report Council Member Gallagher asked Mr. Eisner to read the list of Completed and "In Process" Projects for Fiscal Year of 1985-86 and he did so. 10. Second Quarter, 1985 Sales Tax Report Council Member Gallagher said the City should be working with the business community to increase the sales tax revenues in the South County. 12. Sheriff's Alternative Work Program Agreement Council Member Gallagher spoke against the plan to use jail prisoners in City work programs. 13. Community Building Janitorial Service Award of Bid Council Member Gallagher asked if the City is collecting enough fees for use of the Community Center to pay for the costs of maintenance and upkeep. Mr. Mack said no. The City is in the process of analysing Recreation's programs for the Parks and Recreation budget. He said some City activities do pay their own way. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to approve Consent Agenda items 3,6,7,10,12 and 13. CONTINUED DISCUSSION OF APPEAL OF PLANNING COMMISSION'S DENIAL RE. LOT SPLIT AT 720 BRANCH MILL ROAD, WITHIN AGRICULTURAL ZONING DISTRICT, BY MILTON AND MARY HAYES (PUBLIC HEARING HELD AND CLOSED 3/11/86) Mayor Smith said she had asked for this item to be continued so that Council Members could look at the property and ask further questions. After Council discussion, on motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, that the applicant's appeal and request for lot split be denied and the Planning Commission's denial of the lot split case be upheld, with the following findings: 1. There are environmental issues that have not been addressed. An environmental review, targeting such issues as drainage, fire safety, erosion control, and impacts on downstream properties must be completed prior to any approval - even for a request that appears to be consistent with the General Plan and the Zoning Ordinance. 2. The timing of this request is inappropriate. More detailed planning must be done in this area of the City. ~ -~ CITY COUNCIL MARCH 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE THREE PUBLIC HEARING-APPEAL OF PLANNING COMMISSION'S APPROVAL OF SANTA MANUELA SCHOOL RELOCATION (SOUTH COUNTY HISTORICAL SOCIETY) Following the request of the Historical Society the public hearing was continued to June 24, 1986, on motion of Council Member Moots, seconded by Council Member Gallagher, and unanimously carried. PUBLIC HEARING-APPEAL OF PLANNING COMMISSION'S OENIAL OF TENTATIVE SUBDIVISION MAP, TRACT NO. 1187, 43-LOT SINGLE FAMILY DEVELOPMENT, R-l DISTRICT, STAGECOACH ROAD. (JOE AND MARY ZOGATA). Planning Director Stan Eisner said this is an appeal of a Planning Commission denial of a tentative tract map submitted by Joe and Mary Zogata (Garing, Taylor and Associates) requesting a 43 lot single family residential subdivision in the "R-l" zone. He said the property is located adjacent to the City boundary, bounded by Stagecoach Road, Oak Hill Road and a line running parallel to, and north of Cuesta Drive. He said this appeal refers to a subdivision which was approved previously but has been re- designed for resubmission. He said the new submission included dedication of right of way and slope easement along the eastern boundary of the subdivision. He said the Public Works Department feels that it is imperative that the land be dedicated as a reservation for possible future improvement of Oak Hill Road. He said the most important design changes are removal of~etention basin from the tract, and the discharge of the drainage runoff to a retention area known as the Pearwood Pond. He said the reasons the Planning Commission gave for their denial were that it seemed inappropriate for the drainage to be taken into another property and that there were questions that had not been addressed. Mr. Karp said that when the City bought the Wells Property, it adopted a negative declaration that there wou~be no additional drainage going into the existing retention pond. He said that if the Council grants the Zogata appeal, appropriate findings should be adopted as mitigating measures to the negative declaration. He said that the revised Zogata plan, with drainage to an enlarged Pearwood pond, would mean fewer drainage basins to maintain by the City and cause fewer mosquito problems and would eliminate the new proposed Pearwood Avenue bleeder drain line included as a part of the originally approved plan. He said the development would only add 2~ inches of water to the Pearwood pond during an 100-year storm if no mitigation were proposed. Council Member Gallagher was concerned about the legality and possible precedent of permitting water from the Zogata property to drain into the Wells basin. City Attorney Art Shaw said the City has the power to permit the drainage, but should develop specific findings to mitigate any potential impacts. He said such permission would be a precedent of sorts. After more Council questions, the Mayor 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. BILL OLIVER asked if the license of Contractor Ed Dorfman had been checked, and Mayor Smith asked him to speak with Mr. Karp. ROBERT C. NEIL of 131 Rosewood Lane, HARRIS KITMAN of 135 Rosewood Lane, JAMES FLEGGE of 217 Pearwood Avenue and CHRISTINE PHILLIPS of 216 Pearwood Avenue expressed concerns about enlarging the Wells pond and about a proposal that Mr. and Mrs. Zogata dedicate land for potential extension of Oak Hill Road, which would turn the deadend Pearwood Avenue into a through street. -, CITY COUNCIL MARCH 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE FOUR PUBLIC HEARING-lOGATA APPEAL-Continued Mayor Smith called for others to speak; when no one came forward the public hearing was closed. Mayor Smith said she believed it was better to get the land for the Oak Hill Road extension in case the city should eventually need it. She said that the City Council made a promise to Pearwood Avenue residents that their street would not be opened up, and she will not go back on her word on that. She said she does not like drainage basins in neighborhood, but she tends to support the original plan. Council Member Porter said he is not in favor of allowing water from the Zogata property into the Wells pond. He and Council Member Gallagher agree that the Council needs more information on the project. Council Member Gallagher suggested a study session to address the issues and work to protect Pearwood Avenue and Rosewood Lane residents from possible flooding. Council Member Johnson said the Zogatas and Contractor Dorfman should get together and solve the drainage problem for the whole area. The Study Session was set for Wednesday, April 2, 1986, at 1:00 P.M. The public was invited to attend and give input. REMOVAL OF GRAND AVENUE PARKING SPACES Mr. Karp referred to his staff report of March lB, 1986, and data for consideration by the City Council including the Parking and Traffic Commission minutes of the meetings of December 16, 1985, January 13, 1986, and February 24, 1986; a letter to owners and business people on Grand Avenue with regard to addresses under consideration for removal of on-street parking dated February 18, 1986; a petition protesting the elimination of on-street parking presented to the Parking and Traffic Commission at their meeting of February 24, 1986, by Mr. James O'Keefe; the Parking and Traffic Commission letter to the Mayor and Council dated February 23, 1986, and a map of existing proposed no parking zone on Grand Avenue within the referenced strip. Mayor Smith gave a summary of the Parking and Traffic Commission letter to the Council. She said the Commission asked that the Council delay additional red curbing on Grand Avenue until the Commission can study the situation and make sound, well analyzed recommendations. She asked the Council if there were any objections to the Commission's request, and the Council agreed that the Commission should be given more time. Mayor Smith said she continues to support eliminating parking on Grand Avenue, particularly where new development is providing off-street parking. She said she is concerned about site distance for drivers leaving the Grand Avenue businesses. She said that although the policy might impact some businesses, Council Members have to hold tight to their decision. Council Member Gallagher said there has to be some incentive for business owners to create off-street parking. JAMES O'KEEFE of 1357 Grand Avenue, CHUCK BROONER OF 1051 and 1054 Grand Avenue, DICK BLANKENBURG of 1052, 1040, 1054 and 1064 Grand Avenue and JERRY RALPH of 1010 Grand Avenue spoke of their concerns that eliminating parking on Grand Avenue would hurt businesses and not solve traffic problems on the roadway. DR. MICHAEL ROHLA of 1118 Grand Avenue submitted a petition against the red zoning. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried to enter the petition into the record. On motion of Council Member Johnson, seconded by Council Member Gallagher, and unanimously carried, to send the matter back to the Parking and Traffic Commission for further study and more input. THE COUNCIL ADJOURNED THE MEETING AT 9:30 P.M. FOR A TEN MINUTE RECESS ! .~ CITY COUNCIL MARCH 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE FIVE GRAND AVENUE TRAFFIC SIGNAL STATUS REPORT Mr. Karp said he had spoken with the people at the Thousand Oaks offices of Western Commercial regarding its participation in the costs of a traffic signal at Courtland and Grand Avenue. He said City letters had not been answered because the firm had been in Escrow and felt it could not answer for the new buyers. He said that by the meeting of April 8, 1986, he should have a progress report. Council Member Gallagher suggested that he telephone Western Commercial if he has no answer in a week. PASEO STREET DEVELOPMENT PLANS REVISION Mr. Mack referred to Mr. Karp's staff report of March 19, 1986, which said that some time a90 developments were proposed along Highways 227 and Paseo Street, which is City Right of Way. He said the Council elected to designate a number of Landmark Trees in the area. He said the developers now wish to amend the plan that was approved by the Council by deleting the area where the Landmark Trees are located. He said they are proposing that the street be taken to the last lot to be developed. He said the developers had agreed to put in curb along both sides of the street, but sidewalks only on the uphill frontage. He said that the developers are proposing to take all waters collected to a storm basin, which could be constructed. Mr. Mack said he and Mr. Karp preferred that a drainage pipe take the waters all the way to the Tally Ho Creek. He said that the developer has been unable to obtain an easement which would allow a pipe to carry the water to the creek. Mr. Karp said he had asked the developer to propose an overall master plan of access for the entire area. He said that plan was displayed and showed Paseo Street being developed in two cul-de-sacs, one extending from State Highway 227 to the lots with the Landmark trees, and the other extending from May Street to the oposite side of the lots with the Landmark Oak trees. Council Member Gallagher asked if the developer needed assistance in getting to the creek, and Mr. Karp said yes. City Attorney Art Shaw said that if the City pursued Condemnation Proceedings it might not be able to prove Public Necessity. He suggested that the developer pursue Private Right of Condemnation. Upon request of the Council, Mr. Karp stated the City's wishes with reference to this project. He said that if the new development plan is approved that, 1. all appropriate previous conditions should be met, 2. curbs and gutters and a full width street 32-feet curb to curb be put in, 3. the developers deed all of the proposed right of way as shown on the exhibit map for widening of Paseo Street, and 4. drainage include interception of the Wildwood culvert and underground conduit to discharge into Tally Ho Creek with appropriate rights of way to be acquired as permitted under statute by Private Eminent Domain, and 5. Eminent Domain proceedings be accomplished prior to issuing of building permits and acceptance of road work and drainage work prior to building permits. JIM MC GILLIS of San Luis Engineering said that since the applicant will be solving the problem of Wildwood water, will be undergrounding the drainage, and leaving the Landmark Trees alone, ponding on the property is requested. He said the easement to allow a drain to the creek was too expensive. He said ponding is the only way to develop the property as a unit at this time. He said Private Eminent Domain takes four years. There was discussion of issuing a permit for a temporary pond, but Mr. Karp said there would be no incentive to finish the job. Mr. Shaw said public necessity would have to be proven, and that it would take 1~ to 2 years for Private Condemnation. On motion of Council Member Gallagher, seconded by Mayor Smith, and unanimously carried, to continue this matter for two weeks to let the City meet with the easement owner. , -, CITY COUNCIL MARCH 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE SIX TRAFFIC SIGNAL FEE ORDINANCE AND RESOLUTION On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to set a public hearing on a proposed Traffic Signal Fee Ordinance at 8:00 P.M. Tuesday, April 8, 1986. LE POINT STREET EXTENSION Mr. Mack referred to his March 17, 1986, report and "Shall the City Construct the LePoint Street Extension" Issue Paper. He recommended that the Council appoint a committee of its members, Parking and Traffic Commission and the Planning Commission to conduct working study and discussion meetings with all parties interested in the proposed project and its ramifications or refer the matter to one or both of the commissions for advice. Mayor Smith said she would appoint a committee of property owners, members of the Parking and Traffic Commission, C~uncil Member Johnson, and herself to serve on the study committee on t is matter. TRAFFIC WAY PLANS AND REPORT Mr. Mack referred to his report of March 19, 1986, and recommended that the Council designate Friday, April 4, 1986, at 1:00 P.M. for a study session to review and amend conceptual design plans received from Omni- Means. MARIE CATTOIR of 195 Orchid Lane said she would like the Omni-Means reports to be available to property owners, and would like to know that all property owners had received notice of the meeting. Mayor Smith directed Staff to send out notices of the meeting to property owners and let the public know that copies of the Omni-Means report will be available during working hours in the City Planning Department. TERRA DE ORO PARK DEVELOPMENT AWARD OF BIDS Mr. Mack said that after careful consideration and review of the bids for this project, the staff recommended that the City Council approve and accept the low bid of $37,263.00 by Dennis Landscaping for the construction of Terra de Oro Park. He said the City had budgeted $15,000.00 for the project in account 18-4800-605, and staff is recommending the transfer of the additional funds to cover the costs of the project from the Village Creek account, 24-4800-813. He said the project would include irrigation, turf, sidewalks and seating. He said the residents in the area have actively supported the project and have been instrumental in the design and development of the park plan. TED ELDER, Landscape Architect for the project, said that the project is based on a plan the homeowners made and there is not much that can be cut out of it. After Council discussion, on motion of Council Member JOhnson, seconded by Council Member Moots, and unanimously carried, to approve the low bid of $37,263.00 and move funds from the Arroyo Grande Creek account to make up the needed extra monies. Mr. Elder pointed out that three bids within $1,000.00 of each other were received on this project. CDMMUNITY CENTER LANDSCAPING AWARD OF BID Mr. Mack said the staff is recommending approval for the low bid of $16,900.00 to install concrete walkways, benches, steps and curb, gutter and sidewalks at the Community Building. He said the budget for the project is $10,000.00 (account 213-4800-422), and staff is recommending the transfer of funds from the Village Creek fund (24-4800-813) to cover the additional $7,000.00 needed to fund the project. Doug Perrin of the Parks and Recreation Department said the original $10,000.00 budgeted does not include the landscape architect fee of approximately $2,000.00. -. C!TY COUNC I L MARCH 25, 1986 ARROYO GRANOE, CALIFORNIA PAGE SEVEN COMMUNITY CENTER LANOSCAPING AWARO OF BID Continued Mr. Elder said the bi9 costs of this project are the steps and concrete walkway. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried to approve the low bid of $16,900.00 and move funds from the Arroyo Grande Creek account to make up the needed extra monies, and this would not include the amount for architect's fees. AERIAL MAPPING COST ESTIMATES REPORT After Council discussion, on motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to spend $3,600.00 for aerial photos of Grand Avenue and Branch Street showing the general property and development conditions. STORM DAMAGE REPORT Mr. Mack said there was water in the ball diamonds at So to Park Complex, and the water was permeating through from Basin No.2. Mr. Karp said the City has been pumping, and he envisions putting a membrane on the basin next year, budget permitting. Mr. Mack said other storm problems were at Pearwood Avenue and Rosewood Lane and some projects which are under construction. Mr. Karp said some places on Tally Ho Road which had flooded before did not flood this year, and he praised Earl Guidotti for the Creek improvement project. REVERSION TO ACREAGE REPORT Mr. Shaw referred to his Memo of March 25, 1986, Re: (1) Merger of Contiguous Substandard and Undeveloped Parcels in one Ownership, and (2) Resolution of Intention. He said the Government Code covers this matter and recommended the Council study it. He said a public hearing should be held after a Resolution of Intention is adopted. He said after adoption, owners of the parcels must be notified, and may demand a hearing. He said this process would take one to two months. He said the merger will become effective when the City records a notice of merger specifying the names of the owners and describing the real property. Mayor Smith said to put this matter on the April 8, 1986, agenda. SECOND READING OF ORDINANCE INCREASING COUNCIL SALARIES Mr. Mack read the title of the proposed ordinance. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the ordinance. ORDINANCE NO. 342 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING COMPENSATION FOR COUNCIL MEMBERS IN ACCORDANCE WITH STATE LAW (Calif. Govt. Code '36516 (a) (1) and (d) 36516.5 and 36516.6 On motion of Council Member Gallagher, seconded by Council Member JOhnson, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Moots and Porter NOES: Mayor Smith ABSENT: None the foregoing Ordinance was passed and adopted the 25th of March , 1986. -. , . CITY COUNCIL MARCH 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE EIGHT SECOND READING OF ORDINANCE TO INCREASE RANCHO GRANDE COMMERCIAL AREA AND RELOCATE CAMINO MERCADO STREET Mr. Mack read the title of the proposed ordinance. On motion of Council Member Moots, seconded by Council Member Gallagher, and unanimously carried to dispense with further reading of the ordinance. ORDINANCE NO. 343 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANOE APPROVING AN AMENDMENT TO ORDINANCE NO. 186 C.S., RANCHO GRANDE AS PROVIDED BY TITLE g, CHAPTER 4, ARTICLE 32 OF THE MUNICIPAL CODE 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 Gallagher, Johnson, Moots and Porter NOES: None ABSENT: None the foregoing Ordinance was passed and adopted the 25th day of March , 1986. THE COUNCIL AOJOURNEO TO A CLOSED SESSION AT 11:30 P.M. RECONVENEMENT FROM CLOSED SESSION The Council reconvened from Closed Session at 12:10 A.M. All members were present. Mayor Smith asked if there were any written communications. Mr. Mack said there were none. Mayor Smith requested the City staff to conduct a study of the R- 3 Zone south of Nelson Street to determine if it should remain in multi-family zoning. Council Member Gallagher requested that an ordinance be prepared to ban "For Sale" signs on vehicles located on public right of ways within the City. Mr. Mack stated that he would convey this request to the City Attorney. ADJOURNMENT On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, to adjourn the meeting at 12:22 A.M. March 26, 1986. MAYOR ATTEST: