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Minutes 1985-02-12 -- .. .. .. ..".., ~ '. .' CITY COUNCIL FEBRUARY 12, 1985 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 Porter led the Pledge of Allegiance to our Flag. Counci I Member Moots delivered the invocation. APPROVAL OF MINUTES On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, the Minutes of. the Meetings of January 22, and January 28, 1985 were approved as submitted. APPROVAL OF CHECKS On motion of Council Member Johnson, seconded by Counci.l Member Porter, and unanimously carried, the Demand Checks No. P781 through P793, and No. 24487 through 24711, in the total amount of $578,921.06; and'Payroll Checks No. 29774 through 29898, in the total amount of $77,194.17, were approved for p~yment as submitted by Finance Director David Bacon.. . . ORAL COMMUN I CAT! ON5' None CONSENT AGENDA On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, Consent Agenda Items No.7 through 9-C, with.all subtitles, were approved as recommended. Mayor Smith withdrew Items 9-D and 9-E for discussion; and Council Member Porter withdrew Items 9-F through 9-1 for discussion. 7. ' MINUTES AND ANSWERED AGENDAS: REVIEW AND FILE. A. Planning Commission Minutes/ Answered Agenda of 2/5/85. B. So. SLO Co. Sanitation District Minutes of 1215/84 and 1/2/85. C. Human Relations Commission of So. SLO County Minutes of 1/11 and 1/16/85 and Agenda of 2/6/85. D. Parking and Traffic Commission Mi.nutes of 12/17/84. 8. REPORTS AND INFORMATIONAL MATTERS: REVIEW AND FILE. A. League of CalifGrnia Cities' Truck Terminal Access Letter. B. League of California Cities' Legislative Bulletins, Nos-'I, 2 and 3, 1985. C. Sonic Cable TV, Schedule/Audit.of 1984 Franchise Fee Payments to City of Arroyo Grande. D. Retail Sales Report and Analysis (Mr. Mack). E. Oak Park Interchange Project Letter from Senator Kenneth L. Maddy. F. Sanitation District Committee Formation Letter from Grover City. 9. LEGISLATIVE AUTHORIZATIONS: RECOMMEND APPROVAL AND ACCEPTANCE. A. Village Restrooms' Progress Payment Request No.1 to Bonita Homes, Inc. B. Deep Municipal Well Progress Payment No.9, Phase IV, to Peterson/Douglas Construction. C. 1 <,9 Rrisco Road Right of Way Grant Deed. , 0. a7S and aas Fair Oaks Avenue Right of Way and Construction Agreements. E. Public Improvements Acceptance for Lot Splits 83-382 and 84-393. F. 1050 Sunset Drive Right of Way Grant Deed and Contract. G. 316 E. Branch Street Final Map. H. Alpine Street Final Map. I. Printz Road Final Map. 9-D. 875 and 885 Fair Oaks Avenue Right of Way and Construction Agreements. , Mayor Smith asked Public Works Director Paul Karp for his recommendations on the subject. Mr. Karp explained in more detail his memo of February 5, 1985, regarding: sidewalk improvements and the sketches attached to the memo. A letter from Mr. and . Mrs. Richard Franks, 879 Fair Oaks Avenue, was presented. to Council and entered into the record, disapproving the acceptance of the petition for additional driveways and their reasons for opposing. Following Mr. Karp's presentation, and Council discussion, Mr. Franks read his letter he had submitted, and Mr. Jim Decobert, 885 Fair Oaks, stated he intended to use his private property as he sees fit. -...:~""-"'-" -;,' '~.""'~~~f.~-.: ~~~,'. .'.-,", "i , , - .. . ,/ . CITY COUNCIL FEBRUARY 12, 1985 ARROYO GRANDE, CALIFORNIA PAGE TWO. Mr. Karp recommended that Council enter Into the agreement with the property owners In exchange for the right of way, and if they sign the deed over to the City the sidewalks will be built. He explained the lengthy and expensive alternative proceedings for Eminent Domain acquisition of the property. A motion was made by Council Member Porter, seconded by Council Member Moots, and unanimously carried, to table the item until more details can be furnished regarding an alley shown on the City map showing access to the rear of the lots on Fair Oaks. 9"E. Public Improvements Acceptance for Lot Splits 83-382 and 84-393. Mayor Smith asked for clarification of where the parcels. are located and what is being divided. Mr. Karp said the two lots were previously split and recommended that Council accept on behalf of the public the public improvements, which include the widening of James Way, construction of sidewalk and installation of a new sewer line, as stated in his memo of February 5, 1985. 9-F. Right of Way Grant Deed and Contract - 1050 Sunset Drive. Council Member Porter said he had withdrawn the item by mistake and did not need -" further clarification. 9-G. 316 E. Branch Street Final Map. Council Member Porter asked for clarification and some background of the item. Mr. Karp explained the details of his 2/5/85 memo, the final map of Tract 1203 at 3)6 E. Branch, and the Perpetual Offer to Dedicate Easement over the Creek area. 9-H. Alpine Street Final Map. Council Member Porter asked for clarification. Mr. Karp said the lot split had been previously approved by the Planning Commission and conditions had been met, and recommended that Council accept on behalf of the public the offers to dedicate for ;'". street widening and street tree easement, and approve Parcel Map AG 83-090. 9-1. Printz Road Final Map. Council Member Porter asked who would resolve the drainage. In answer, Mr. Kirk Kirkpatrick, Printz Road, said there was a good existing drainage system that drained about half way down and the remainder goes to.Printz Road. Mr. Karp said regarding the back lot, which is a three acre lot with one. dwelling permitted, he fe I t the adequate space was available, to mitigate any drainage problems. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to approve Consent Agenda Items No. 9-E through 9-1, as recommended. NUISANCE ABATEMENT: 704 BRANCH MILL ROAD (MILT HAYES) Mr. Karp said February 7th marked the end of the thirty day period for the nuisance abatement improvements which were to be constructed to mitigate the concerns of the City with regard. to possible erosion into the drainage ditch behind the Los Olivos Subdivision. He said the owner of the property had completed plans for a staged improvement in that location, received a permit to mitigate the problem outlined in the Resolution, had hired a contractor and started work. In a letter, he requested an exten~ion of time to the end of February. Mr. Karp said City could not hire a contractor and get the job done by the end of February. Council discussion followed, and on motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to grant an extension of time until the end of February on Nuisance Abatement. ASSESSMENT DISTRICT 81-1 ENGINEERING AGREEMENT Mr. Karp said the City has received two deposits from two of the major developers in Assessment District 1981-1 to hire an Assessment Engineer, who is responsible for spreading the costs and assessments amongst all parties in the Assessment District. He said the purpose of the District is to construct a high pressure water system which will permit completion of Oak Park Acres and development within Rancho Grande. Mr. Karp recommended that Council authorize the Assessment Engineering Agreement. , ~ ~"' . CITY COUNCIL FEBRUARY 12, 1985 ARROYO GRANDE, CALIFORNIA PAGE THREE. On motion of Council Member Johnson, seconded by Council Member Porter, and unanimously carried, to authorize the Assessment Engineering Agreement, which appoints Willdan Associates and their Vice President, R. Dennis Delzeit, as the Assessment Engineer for the referenced District. TRACT MAP CITY APPROVAL PROCESS Planning Director Stan Eisner said Council directed Staff to prepare a review of the current procedures dealing with tentative subdivision maps and tentative parcel maps. The Planning Director and the City Attorney have reviewed the City's current procedures, which provide for the Planning Commission to take final action of approval on all tentative subdivision maps and parcel maps unless appealed to the City Council within 10 days. Mr. Eisner said State law establishes that a tentative tract is deemed approved if not. appealed within 10 days; and recommended that current procedures remain intact.. Following Council discussion, Mayor Smith suggested setting aside time at each Council meeting for an Information Review to dIscuss tentative maps. WHITELEY PROPERTY AWARD OF BID City Manager Mack said two bids. were opened on the sale of the Whiteley Property and the highest bid came from Merllee Peck for $162,500.00. He sa.id after the sealed bids were opened, oral bids were called for and none received. He explained that the Whiteley Property was obtained by the City In exchange for a parcel of storm drainage land to the County, and said the proceeds .from the sale would go towards the.50to Sports Complex development, which is a joint storm drainage and recreation project. Mr. Mack read the title of the. Resolution. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1825 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING OFFER TO BUY REAL PROPERTY, KNOWN AS THE WHITELEY PROPERTY. On motion of Council Member Moots, seconded by Council Member Johnson, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith. NOES: None ABSENT: None . the foregoing Resolution was passed ~nd adopted on the 12th day of February 1985. SEWER AND WATER FEE CLARIFICATIONS Mr. Karp requested Council to set a Public Hearing to discuss modifications to the water and sewer portions of the Municipal Code, and indicated that the drafts of the proposed changes would be distributed to Council highlighting the deletions and additions to the Code. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to have City Council seta Public Hearing to.discuss adoption of an ordinance to modify the Municipal Code wi th regard to \Vater and sewer connections within th~ City. Mr. Mack said the letter from Jack Ghormley of Bonita Homes, INc., dated 2/6/85, requested Council to authorize issuance of a conceptual approval for layout of water and sewer systems for Tract 1240 project with the water and sewer fees to be deter- mined using formulae set forth in the proposed ordinance. Mr. Karp said Item #2 in the letter from Bonita Homes does not apply. Council discussion followed, and on motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to grant Bonita Homes their request using the formula set forth in the proposed ordinance of which one copy will be sent to them before the Public Hearing is held. ---- I . ~ ',' ,. ,. ",'" < .....~ . . ,.'-'" , '.....;.. " .", ...'...-..; '..;.... - ,", ./ CITY COUNCIL FEBRUARY 12, 1985 ARROYO GRANDE, CALIFORNIA PAGE FOUR. COUNCIL CHAMBERS REMODELING Mayor Smith said Council had been discussing with City Manager the discomfort they feel in the Council Chambers, especially when It is very cold outside. She said they talked about'estimated costs for Improvements to the Council Chambers building until the decision is made regarding new Council Chambers. She said there had been I disc\lssion about moving to the Women's Club Conrnunity Center for meetings. I Mr. Mack said there would be a report from the Blue Ribbon Committee presented at the next Council meeting regarding sites for the new' Civic Center. He explained I some of the details involved In moving public meetings to another site or .in revamping the present Council Chambers. Council discussed the subject and agreed it was premature to consider It now before hearing from the Blue Ribbon Conrnittee. On motion of Council Member Gallagher, seconded by Council Member Hoots, and unanimously carried, to put the Item on hold until the Blue Ribbon Committee Report Is presented next Council meeting. SONIC CABLE TV RATE INCREASE Mr. Mack said the City has received notice from Sonic Cable TV that they will be instituting a 5% rate Increase on subscribers in Arroyo Grande effective March I, 1985. He said the new Federal law has removed the City Council's ability to make any determination as to whether a rate increase will go into effect and that Sonic Cable TV can institute the 5% rate increase. I Mayor Smith said the City. should make sure the public reali~es that the Council has no control over the impending rate Increase by Sonic Cable TV. APPOINTMENTS Mayor Smith said she would not make appointments to the Parking and Traffic Commission or to the.Parks and Recreation Commission at this time. She said in preparation of Arroyo Grande's 75th Birthday next year, she was appointing Katcho Achadjian to Chair the Diamond Jubilee Celebration (pulling him off the HRC). Mayor Smith appointed Council Member. Dorace Johnson to the Countywide Water Committee. She said it had been recommended by Grover City and Pismo Beach to have a representa- tive from each City to look at the Human Relations Conrnission, and appointed Council Member Gene Moots to the JPA Study Committee of the HRC. STUDY SESSION DATE FOR MEETING WITH THE CHAMBER OF 'COMMERCE Council agreed ~o meet with the Chamber of Commerce, at their request, on Wednesday, February 27, 1985, at 12:00 noon, location to be determined, to hold a Joint Study Session. RESOLUTION ADOPTION: OLOHAN ALLEY RESTRIPING PLAN .Mr. Karp read the title of the Resolution. On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1826 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO APPROVE THE RESTRIPING PLAN OF OLOHAN ALLEY TO INCLUDE A. HANDICAP PARKING SPACE. On motion of Council Member Gallagher, seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Hoots, Porter and Mayor Smith. NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 12th day of February 1985. RESOLUTION ADOPTION: TRANSFERRING A PORTION OF THE PRIVATE ACTIVITY BOND ALLOCATION OF THE.CITY OFARROYO.GRANDE Mr. Hack read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the Resolution. . . "'..- ~ , CITY COUNCIL FEBRUARY 12, 1985 ARROYO GRANDE, CALIFORNIA PAGE FIVE. RESOLUTION NO~ 1827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TRANSFERRING A PORTION OF THE PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF ARROYO GRANDE. 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, Porter and Mayor Smith. NOES: None. ABSENT: None the foregoing Resolution was passed and. adopted the 12th day of February 1985. WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS Council Member Gallagher said there are 15 or 16 feet of newspaper racks in front .- of J.J.. Food Company, and asked how that is authorized. City Attorney Shaw said he wo.uld research the latest information. Mr. Mack said it is a constitutional question, which means there is the right to disseminate information in public places. He suggested that with the cooperation of the newspaper publishers' the racks might be mounted on a wall or relocated at an acceptable location. Council Member Gallagher asked for a legal opinion and Mr. Shaw agreed to supply the info~mation. Counci I Member Gallagher asked for a cost estimate to curb a section of Tally Ho Road and to fill with blacktop. The secti.on is on a curve where the power poles are located. Council Member Johnson asked how the street sweeper operation was working out. Mr. Karp said they are in the process of trying to get caught up and are running two sweepers simultaneously. He said the schedule will be published as soon as available. Mayor Smith asked about the progress of undergrounding on Traffic Way. Mr. Mack said the City has a firm that is coming up with design alternatives for Council on what it should look like, as. well as technical background data. He said preliminary schematics of the area are expected in March. Mayor Smith asked abollt the specific plans for the Greenbelt. Mr. Mack said the stabilization of the Greenbelt Area would be complete in the Spring. Council Member Porter referred to Blue Paper dated2/1/85,'regarding Mini-Storage Access on Grand Avenue, and asked for clarification. Mr. Mack explained the details on a posted map of the possible access roads to the prop~rty. Mr. Eisner said if the Mini-Storage comes back inifor an en'largement, or anything that needs a discretionary permit from the City, the Council could condition the permit with the elimination of the access from Mini-Storage out to Grand Avenue. Mayor Smith requested that Council be kept aware of what is taking place. ADJOURNMENT On motion of Council Member Moots, seconded by Council Member Gallagher, and unanimously carried, to adjourn the Council meeting at 10:00 P.M. MAYOR ATTEST: DEPUTY CITY CLERK --- .--- -.--