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Minutes 1985-07-22 -, CITY COUNCIL JULY 22, 1985 ARROYO GRANDE, CALIFORNIA 1:00 P.M. The City Council met in Regular Session with Mayor B'Ann Smith presiding. Upon roll call Council Members Matt Gallagher and D. G. Porter were present. Council Members Dorace Johnson and Gene Moots were absent. PLEDGE OF ALLEGIANCE ANO INVOCATION Council Member Porter led the Pledge of Allegiance to our flag. Counc i I Member Gallagher delivered the invocation. APPROVAL OF MINUTES On motion of Council Member Gallagher, seconded by Council Member Porter, and unanimously carried, the Minutes of the meetings of July 9, 12 and 17, 1985, were approved. APPROVAL OF CHECKS On motion of Council Member Porter, seconded by Council Member Gallagher, and unanimously carried, Demand Checks No. 25862 through 26042 and P852 through p864, in the total amount of $728,325.07, Including Lopez Payment, $232,123.00; SCAT, $44,460,00; TCD Investment Transfers, $200,000.00, and Payroll and Reim- bursement, $153,247.00, and payrol I Checks No. 31091 through 31201 in the total amount of $94,839.32, were approved for payment as submitted by Finance Director David Bacon. ORAL COMMUNICATIONS None CONSENT AGENDA Council Member Gallagher withdrew Item 9 and Council Member Porter withdrew Items 14 through 19 from the Consent Agenda for Discussion. On motion of Counci I Member Gallagher, seconded by Council Member Porter, and unanimously carried to approve Consent Agenda Items 7,8, 10 through 13, 20, 21 and 22.as recommended. 7. Commendation to Arroyo Grande Fire Department. Re. Las Pilitas Fire [Recommend Review and File]. 8. Retail Sales' Report [Recommend Review and File]. 10. . June. 1985 Runabout Monthly Report [Recommend Review and Filel. 11. Zone Thre" Advisory Committee Notes of May 16,.1985 [Recommend Review and File]. 12. Purchase of Sewer Rodder/ Jet Vacuum - Budgeted Item [Recommend Approval]. 13. Purchase of Photocopier for Building Department - Budgeted Item [Recommend Approval]. 19. 1985/86 Revenue Sharing Funding Agreement with Hospice of San Luis Obispo County. Inc. [Recommend Approval]. 20. League of California Cities: . Legislative Bulletins Nos. 25 and 26-1985 IRecommend Review and File]. 21. Elementary School Dt!ve/opment on Rancho Grande Site Correspondence lInformation Only].. 22. Award of Bid - Fire Department Video Equipment - Budgeted Item (Recommend Approval]. - -- CITY COUNC I L JULY 22, 1985 ARROYO GRANDE, CALIFORNIA PAGE TWO 9. Planning Commission Minutes for July 16, 1985. Council Member Gallagher appealed Lot Split Case No. 84-401 (RESUBMITTAL)- .225 Tally Ho Road (Jeffrey Carrithers, Agent for Patricia Lauthbury) on the basis that there are no new sidewalks in and the City requires sidewalks with new construction. Mayor Smith asked for the item to be put on the August 13, 1985 Counci 1 agenda. 14. Final Acceptance, Tract 1297 Brisco Road, Coastal Canyon development, Oennis Lintner. Council Member Porter asked if this item had been on the agenda before, and Public Works Director Paul Karp said he had been waiting for the correct wording on a letter of Security. He said it Is an 18 unit residential planned unit development and the 19th lot is common area on the easterly side of Brisco Road between the cemetery and Linda Drive. 15. Acceptance to Offer to Dedicate for Pub I ic Right of Way for Widening of James Way adjacent to Bamod Property OVer Dr. James Property adjacent to City Limits. Council Member Porter questioned grading of Dr. James property adjacent to the City limits, and Mr. Karp explained that in order to accommodate construction of the fully graded portion of James Way which will eventually line up with that portion constructed northerly of Tally Ho Road, the City has obtained an offer to dedicate from Dr. James. 16. - 19. 1985/86 Revenue Sharing Funding Agreements with Economic Opportunity Commission Senior Nutrition Program, Harvest Bag, Inc., San Luis Obispo County Health Commission, and Hospice of San Luis Obispo County, Inc. Council Member Porter asked City Manager Bob Mack if these items were bugeted, and the answer was in the affirmative. On motion of Council Member Porter, seconded by Council Member Gallagher; and unanimously carried, to approve Consent Agenda Items 9 and 14 through 19. RESOLUTION AND CERTIFICATE OF ACCEPTANCE OF WELLS PROPERTY GRANT DEED Mr. Mack said that on direction of the City Council, an agreement was made with Mr. Wells for the purchase of his property, which is in Escrow. Mr. Mack said in order for the City to close Escrow, according to State law, City Council must adopt a Resolution which accepts that Grant Deed for the property from the Wellses. Mr. Mack read the Title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Porter, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING CERTAIN REAL PROPERTY DEEDED BY LONNIE B. WELLS, SR., AND NORMA R. WELLS, ET AL AND AUTHORIZING THE MAYOR TO EXECUTE A CERTIFICATE OF ACCEPTANCE (GOVERNMENT CODE SECTION 2728J) On motion of Council Member Gallagher, seconded by Council Member Porter and on the following rol I cui I vote, to wi t: ' AYES: Council Members Gallagher and Porter, and Mayor Smith NOES: None ABSENT: Council Members Johnson and Moots the foregoing Resolution was passed and adopted the 22nd day of July, 1985. ~"- CITY COUNCil JULY 22, 1985 ARROYO GRANDE, CALIFORNIA PAGE THREE RESOLUTION AMENDING CURRENT DRAINAGE PRACTICE FOR ZONE 3 OF ARROYO GRANDE DRAINAGE AREA NO. I AND PROVIDING FOR GAR BAR LTO. TO CONSTRUCT ANO RECEIVE REIMBURSEMENTS FOR STORM DRAINAGE IMPROVEMENTS Mr. Karp recommended that the City Council consider a proposal by Gar Bar Ltd. to modify the City's adopted drainage fees for Drainage Area Number I, and set up reimbursement program to Gar Bar for costs to install a new stonn drain on Farroll Road between Elm Street and Golden West Place. He said that City Staff's imput in the Resolution is limited to amendments suggested by the City Attorney On previously adopted resolutions dealing with Arroyo Grande Drainage Area Number 1; application of the ENR escalator to the original drainage fees to bring them up to July, 1985, levels; and incorpo- ration of procedures to implement the Gar Bar proposal which will not financially impact the City of Arroyo Grande in the event construction proceeds. He said a portion of the proposal which differs significantly from past Council policy for reimbursement plans for the Gar Bar proposal is that the developer be reimbursed financing costs for the Investment necessary to complete the con- struction. He said the proposal refers to three areas where drainage ponds have been previously approved for developments. Mayor Smith asked Mr. Karp if any promises have been made by the City to property owners saying they can develop their properties and not pay drainage fees. Mr. Karp said everyone has to pay drainage fees. Mayor Smith asked if Gar Bar ltd. understands if nothing is developed on the property in the next 15 years, he will lose. Mr. Kobara answered affirmatively. I Mr. Karp said he had in his files data including drainage calculations by the Gar Bar Ltd. Engineer with regard to drainage capacity of Farrol\ Road improve- ments upstream of the proposed facility; a letter referred to in the draft resolution from Gar Bar accepting the terms outlines in the resolution; and a sample calculation used by the civil engineer for Gar Bar to establish the $7,000.00 per acre single family rate proposed for a drainage fee within drainage Zone 3. Council Member Porter asked if a property owner could release a ponding area and pay to the drainage project and use the property for development. Mr. . Karp said if the Resolution stays in tact then the property owner could develop the property if he pays up front the amount set out for Zone 3 for his property, the City would take that money and give it to Gar Bar Ltd.,and he would be allowed to fill hi's lot at that time and develop it. He would not be allowed to develop the land unless drainage fees were paid, he said. Council Member Porter questioned the payment of interest by the City 12 months from the time of completion, and the 15 year limit'on the agreement with Gar Bar Ltd. Mr. Karp said it was generous of the City Council to agree to include interest, and the 15 year deadline was set forth in the proposed resolution drafted by Gar Bar Ltd. Mayor Smith asked Mr. Ken Kobara of Gar Bar Ltd., who \~as in the audience, if he was satisfied with the way the resolution was written and he answered in the affirmative. DAN KIRK, attorney for property owner Mr. James Norman, referred to three ponding lots and specifically mentioned Page 2, Paragraph 8, the Tota I Fee for the release of 3 R-l lots - $63,000.00. He asked jf one lot could be developed, and Mr. Karp said yes and he would I ike to add to the resolution "or $21,000.00 per lot" in Paragraph 8, Page 2. Mr. Karp read the title of the Resolution. On motion of Council Member G~llagher, seconded by Council Member Porter, and unanimously carried, to dispense wIth further reading of the Resolution. .,,-----------" --.. , CITY COUNC I L JUL Y 22, 1985 ARROYO GRANDE, CALIFORNIA PAGE FOUR RESOLUTION NO. 1866 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUPERCEDING RESOLUTION NO. 1660 AND AMENDING RESOLUTION NO. 1006 REGARDING AMENDING ESTABLISHED CHARGES FOR DRAINAGE STUDY MAP DESIGNATED "ARROYO GRANDE DRAINAGE AREA NO. 1, HALCYON. ROAD WEST TO CITY LI M ITS": AND SPEC 1- FICALLY ADDRESSING RESOLUTION OF DRAINAGE' CONCERNS IN "ZONE 3 OF ARROYO GRANDE DRAINAGE AREA NO.1" On motion of Council Member Gallagher, seconded by Council Member Porter, and on the following roll call vote, to wit: AYES: Council Members Gal1agher and Porter and Mayor Smith NOES: None ABSENT: Council Members Johnson and Moots ~ the foregoing Resolution was passed and adopted with corrections on the 22nd day of July, 1985. WRITTEN COMMUNICATIONS None ORAL COMMUN rCATt ONS None ADJOURNMENT AT 1:40 P.M. ; On motionof'Council Member Gallagher, seconded by Council Member Porter, and unanimously carried, to adjourn at 1 :40 P.M. MAYOR ATTEST: CITY CLERK