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Minutes 1984-01-10 . . .. ro' '1 .<' - CITY COUNCIL JANUARY 10, 1984 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor Smith presiding. Upon roll call, Council Members Lawrence Vandeveer, Matt Gallagher, Mark Millis and Karl Hogan reported present. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Millis led the Pledge of Allegiance to our Flag. Father Michael O'Sullivan, St. Patrick's Catholic Church, delivered the invocation. APPROVAL OF MINUTES On motion of Councilman Vandeveer, seconded by Councilman Gallagher and unanimously carried, the minutes of the December 13, 1983, meeting were approved as presented. APPROVAL OF CHECKS On motion of Councilman Vandeveer, seconded by Councilman Hogan, and unani- mously carried, Demand Checks No. 21368 through 21560, in the total amount of $120,775.85; and Payroll Checks No. 26622 through 26843, in the total amount of $159,186.01, were approved for payment as presented by Finance Director Bacon. Dudng Council discussion, Councilman Hogan said he felt the maintenance program on the radios should be dropped because of the expense. Counc i I re- affirmed the desire to use a synopsis or summary of an ordinance wherever possible, as governed by Government Code. CONGRATULATIONS CERTIFICATES TO NATURALIZED CITIZENS Mayor Smith presented Certificates of Congratulations to recently naturalized citizens of the United States: Marguerite and Aghob Wartanian, who were present. Certificates will be forwarded to Rosemarie Ducay Tablang, Yanet Gutierrez Beas, and George John Vlassis. ORAL COMMUNICATIONS None. Mayor Smith welcomed the "Youth in Government" Counterparts to the Council meeting. Mayor Smith called attention to the added Agenda Item #32A regarding the Federal Aid Urban Project. CONSENT AGENDA A motion was made by Council Member Vandeveer, seconded by Council Member Gallagher, and unanimously carried, approving Consent Agenda Items #8 through #15 and Item #18A as recommended. Council Member Millis asked that Items #16 and #17 be withdrawn for discussion. 8. Minutes and/or Answered Agendas: A. Planning Commission Meeting (January 3, 1984) (Discussion Under Other Business Items). B. South San Luis Obispo County Sanitation District (December 7, 1983) (REVIEW AND FILE). C. Minutes of Channel Counties Division Quarterly Meeting (November 18, 1983) (REVIEW AND FILE). D. Parks and Recreation Meeting (December 14, 1983) (Discussion Under Other Business Items). 9. League of California Cities: (REVIEW AND ADVISE) A. Legislative Bulletin No. 48-1983. B. "Project Independence" - Letter of Request by Mayor of Santa Barbara, Shei la Lodge. 10. Departmental Monthly Report for December, 1983 (REVIEW AND FILE). 11. Sales Tax and Cigarette Tax Revenues-To December 31, 1983 (REVIEW AND FILE). 12. 1983/84 Tire Purchases (INFORMATIONAL ONLY). . ----- ~-- -,---------..---- '-_0.__- ._~_J . ... ~ '""') .." - CITY COUNC I L JANUARY 10, 1984 ARROYO GRANDE, CALIFORNIA PAGE TWO. 13. Insurance Claim by Patsy Wiemers, Incident of 9/21/83 (RECOMMEND REJECTION). 14. SCAT - Budget Recommendation for 1984/85 (RECOMMENO APPROVAL). 15. CCCJPA (Central Coast Cities Joint Powers Agreement Self Insurance Fund) (REVIEW AND ADVISE) A. Insurance Manual. B. Audit of Fund for 1983. C. 1983 Annual Report - Worker's Compensation Program. D. 1983 Liability Insurance Program Report. 18. Authorization for Payment: (REC0I1MENDAPPR6VAL) . A. Progress Payment ~ Deep Well and Blending System, Project #60-80-3. 16. Recommendation by Planning Commission on Community Water Well System Ordinance (REVIEW AND ADVISE). Council Member Millis said Item #16 had been sent to the Planning Commission for their review and consideration, and he felt the item should be a regular item on the Council Agenda. Councilman Millis made a motion, seconded by Councilman Ga 11 agher, instructing the Staff to set Ordinances No. 260 C.S. and No. 271 C.S. regarding Community Water Well Systems, for public hearing as prescribed by State law at the earliest possible Council meeting. Councilmen Vandeveer and Hogan said they felt the Ordinances were what the people want and should remain as written, which is in accordance with the Planning Commission's recommendation. The motion carried on a vote of 3-2, with Councilmen Vandeveer and Hogan voting against the motion. 17. Oak Park Safety Progress Report. (REVIEW AND ADVISE). Council Member Millis said he felt the item should be a regular item on each Council Agenda and asked that the report from Staff be read. Mayor Smi th read the report. She further mentioned that Senator Maddy would be in the area and she would meet with him on Friday, and City Manager Mack would meet with him on Saturday, to continue to request financial support from the State. Mayor Smith said that Councilman Gallagher had requested in the last Council meeting to have a study session discussion on the Oak Park intersection, for Counc i I to review and take a stand on removing or changing the on/off ramps both northbound and southbound. Mayor Smith set the meeting for January 16, 1984, at 7:00 P.M. in Council Chambers. FAIR OAKS DRAINAGE PLAN Public Works Director Paul Karp referred to Staff memo dated 1/5/84, regarding proposed expenditure of $200,000 budgeted for the Fair Oaks Storm Drain. He said Staff had done a study and explained two resulting alternatives. Following Council disucssion, a motion was made by Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried, to authorize design and construction of Alternative One between Grand Avenue and Walnut Street, using $200,000 budgeted funds from Fiscal Year 1983-84; and to supplement project costs in 1984-85 Budget to complete Alternatives One and Two. PUBLIC HEARING ON PROPOSED ASSESSMENT DISTRICT NO. 81-1 Public Works Director Paul Karp said at the recommendation of the attorney, Mackensie Brown, the Public Hearing be opened and testimony taken from anyone who cannot be at a rescheduled continuance of the Public Hearing; and asked Counc i I to continue the Hearing to February 28, 1984, to resolve some concerns of two major property owners in the area (Bamod and Ottse). - '1. ~ ) '. - CITY COUNCil JANUARY 10, 1984 ARROYO GRANDE, CALIFORNIA PAGE THREE. Mayor Smith said the notice of public hearing had been duly noticed and all requirements met, and opened the hearing for all persons to be heard, for or against. There were no speakers, and on motion by Councilman Gallagher, seconded by Councilman Hogan, and unanimously carried, the public hearing was continued to February 28, 1984, at 8:00 P.M. URGENCY ADOPTION OF ORDINANCE WITH AMENDMENTS RE: SCHOOL FACiliTIES FEES City Attorney Arthur Shaw explained all the changes that had been made to I the School Facilities Fees Ordinance as proposed. Council Members expressed their support of the Ordinance as amended, though Councilman Hogan did so with some reluctance. Mr. Frank Fekete, Attorney for the School District, said in explanation and for the record that Section 3-6.13, Exemption #7, was an "agreement to disagree". Mr. Shaw said Council should first resolve if Section 3 should be amended to read as an "Urgency" Ordinance, which would determine a First and Final reading of the Ordinance. Councilman Vandeveer said he did not support adopting the Ordinance as an "Urgency", because the City has an Ordinance (since 1978) supporting a fee to become operable when the other entities within the District provide a similar ordinance. Other Council Members expressed their desire to adopt the ord inance on an urgency bas is, based on the fact that the ord i nance would not be effective for ten weeks, governed by the statute of the State, that the ordinance would not be operative until 30 days after it goes into effect in the City. Council Member Gallagher made a motion, seconded by Council Member Millis, to have the Urgency Section 3 of the Ordinance substituted for the existing Section 3, Page 6, of the Ordinance, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Millis, Hogan and Mayor Smith NOES: Councilman Vandeveer ABSENT: None the Ordinance was declared an Urgency Ordinance. City Attorney Shaw read the Ordinance in full. Mayor Smith declared it the First and Final reading of the Ordinance. ORDINANCE NO. 366 C.S. AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF ARROYO GRANDE IMPLEMENTING THE CALI FORN I A SCHOOL FAC III TI ES. ACT. On motion by Councilman Millis, seconded by Councilman Gallagher, and on the following roll ca11 vote, to wi t: AYES: Councilmen Gallgher, Millis, Hogan and Mayor Smith NOES: Councilman Vandeveer ABSENT: None the foregoing Urgency Ordinance was passed and adopted on the 10th day of January 1984. SOTO SPORTS COMPLEX MASTER PLAN City Manager Mack said if the Parks and Recreation Commission is not in favor of the Soto Park Master Plan, he could not conceive of the City proceeding with implementation of the Master Plan for a number of reasons, economics not being the least. He said drainage and Parks and Recreation activities at the site are conjunctive uses under the Master Plan. To imbalance one part of the Master Plan would not make it work. Councilman Millis said the 40 acres were primarily designated by the Council to be for Parks & Recreational use, and felt the drainage problems could also be resolved. i I , ---- - ---- ..~- __ _n_ _n___--.J 'f. -- .-., . . ) .- CITY COUNC I L JANUARY 10, 1984 ARROYO GRANDE, CALIFORNIA PAGE FOUR. Councilman Gallagher said he maintains that the City can have the Master Plan and use some of the facilities to handle some of the water, but ultimately a connection from Elm Street to the Creek, Ocean, or some other area is a must. He said Council must also consider all the undeveloped land, and be able to control. whatever surplus water comes in, provide the connection, and deliver it to the Creek. Councilmen Millis and Hogan expressed agreement with Councilman Gallagher. Councilman Vandeveer said he was concerned about not knowing the costs involved. Mayor Smith agreed with Mr. Mack that if Parks and Recreation Commission does not support the Master Plan totally, along with the Council, it is not a workable plan. The Commission supports the plan only if it is limited to 80 acre feet of water ponded. Members of the Parks & Recreation Commission spoke of their conditional support of the Plan. Mr. Bill Sommermeyer and Mr. Clark Moore recommended further study. A motion was made by Councilman Millis, seconded by Councilman Hogan, to support the Parks & Recreation Commission and to endorse the concept, by stating that the primary purpose of the 50 to Sports Complex is for parks and recreation, and that Council supports the Master Plan with the condition that no more than 80 acre feet of drainage be allowed in it. Following further discussion, a vote on the above motion was taken and carried unanimously. Another motion was made by Councilman Millis, secondec by Councilman Hogan and unanimously carried, to take approximately $15,000 out of reserve, and move the storm drain from Pond 3 into Pond 2. THE COUNCIL MEETING RECESSED AT 10:30 P.M. AND RECONVENED AT 10:40 P.M. LOPEZ SAFE YIELD City Manager Mack said the representative to Zone 3 Advisory Board has asked for Council's policy direction regarding the County Supervisors' suggestion to reduce the Lopez Safe Yield by not less than 2% to permit Avila Beach to have a greater guaranteed annual allocation of Lopez. Mr. Mack recommended to increase the safe yield to 100% rather than make any reductions. A motion was made by Councilman Millis, seconded by Councilman Gallagher, and unanimously carried, to instruct our Zone 3 Representative to support the 100% safe annual yield, which means no reduction in reliability, and keep the City's share of Lopez yield at 2290 acre feet. LEFT TURNS - BRANCH/BRIDGE/NEVADA INTERSECTION Public Works Director Paul Karp said a proposed resolution had been prepared to repeal the policy to prohibit left turns onto Branch Street. Counci I discussed the matter and heard the results of a traffic survey that minimized the problems at the intersection. Mr. Mack read the title of the Resolution. A motion was made by Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried, to dispense with further reading of the resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REPEALING POLICY TO PROHIBIT LEFT TURNS ONTO BRANCH STREET FROM THE INTERSECTING ROADS OF BRIDGE STREET AND NEVAOA STREET. On motion of Councilman Vandeveer, seconded by Councilman Hogan, for approval of the resolution, and on the following roll call vote, to wit: -~_.-.._.- -._-- 'r. .~ ......., , .- CITY COUNCIL JANUARY 10, 1984 ARROYO GRANDE, CALIFORNIA PAGE FIVE AYES: Councilmen Vandeveer and Hogan NOES: Councilmen Gallagher, Millis and Mayor Smith ABSENT: None the foregoing Resolution was denied, on the 10th day of January 1984, and the intersection will be left as it is. Public Works Director Karp introduced a proposed resoltuion and read the ti tIe. A motion was made by Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried to dispense with further reading of the resolution. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A POLICY TO PROHIBIT LEFT TURNS ONTO BRIDGE STREET FROM BRANCH STREET, ALSO KNOWN AS STATE HIGHWAY 227 Following Council discussion, a Minute motion was made by Council Member Vandeveer, seconded by Council Member Hogan, and unanimously carried, to approve Parks & Traffic and Staff recommendations for Cal Trans to restripe the center lane of Branch Street for westbound traffic at Bridge Street. The Minute Motion carried unanimously, therefore no resolution is necessary. The restriping proposed would convert the existing left turn lane to a two-way left turn lane. APPEAL OF PLANNING COMMISSION DECISION RE: TENTATIVE SUBDIVISION MAP, TRACT NO. 1168 (IRVINE AND GORDON) Planning Director Eisner said a Tentative Tract Map No. 1168 was heard at Planning Commission and turned down. There has been an appeal to the City Council filed, and has been set for Public Hearing on January 24, 1984. During Council discussion, Mr. Eisner explained that the issue of completeness had to do with having all of the information available as required by the State Subdivision Map Act, and did not constitute a discretionary act on the part of the Planning Commission or the City Council. The Subdivision Map Act and the City's Ordinance make reference to a submission being "complete and acceptable" for the purposes of setting public hearing. REQUEST FOR JOINT COUNCIL/PLANNING COMMISSION MEETING RE: FLOOD HAZARD DISTRICT Mr. Eisner said that a Joint Meeting had been requested, but further review and correction to maps should be worked out by Staff before the Joint Meeting is scheduled between the Planning Commission and the City Council. FIRST READING OF OROINANCE RE: MAXIMUM ALLOWABLE HEIGHT OF STRUCTURES Mr. Eisner read the title of the proposed Ordinance Amendment regarding the maximum allowable height in the Highway Service District to correct some discrepancies in the Zoning Ordinance. On motion by Councilman Gallagher, seconded by Councilman Vandeveer and unanimously carried to dispense with further reading of the Ordinance. ORDINANCE NO. C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MODIFYING THE ZONING ORDINANCE, SECTIONS 9-4.1403,9-4.1404 and 9-4.1405, RELATING TO MAXIMUM ALLOWABLE HEIGHT OF STRUCTURES IN THE HIGHWAY SERVICE DISTRICT Mayor Smith declared this the First Reading of the Ordinance. AUTHORIZATION FOR DESIGN OF NEW ROOF AT WATER RESERVOIR NO.1 Public Works Director Karp explained to Council several alternatives to providing a more suitable cover for Reservoir One, as outlined in a letter dated 11/7/83 from Garing, Taylor and Associates, Inc. _ _ _--.u_...._ ---- ---- ; '", , - ') . . .- CITY COUNCIL JANUARY 10, 1984 ARROYO GRANDE, CALIFORNIA PAGE SIX After Council discussion, a motion was made by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, to support Staff's recommendation and authorize the design of the new steel roof for Reservoir One by Garing, Taylor & Associates, Inc., based on an hourly rate not to exceed $7,800.00. AUTHORIZATION FOR PROPOSALS TO CONSTRUCT FINAL PHASE OF DEEP MUNICIPAL WELL AND BLENDING SYSTEM, PROJECT NO. 60-80-3 Mr. Karp said the final phase for construction for the project includes all of the telemetry necessary to create a fail safe system for automatic blending of the City's shallow water well production with either high quality domestic well production or Lopez water. He said the anticipated cost of the project is $50,000.00. A motion was made by Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried, to authorize the request for proposals to construct the final phase of the Deep Municipal Well & Blending System, Project No. 60-80-3. ADOPTION OF ORDINANCES ESTABLISHING UTILITY RATE STRUCTURE City Manager Mack read the title of the Ordinance. On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, dispensing with further reading of the Ordinance. ORDINANCE NO. 304 C.S. AN ORD I NANCE OF THE CITY COUNC I L OF THE C!TY OF ARROYO GRANDE AMENDING THE MUNICIPAL CODE TO ESTABLISH CITY SEWER CHARGES FOR MULTIPLE BUSINESSES SERVED BY A SINGLE SEWER/WATER SERVICE On motion by Councilman Vandeveer, seconded by Councilman Gallagher, adopting the Ordinance as written, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Millis and Mayor Smith NOES: Councilman Hogan ABSENT: None the foregoing Ordinance was passed and adopted the 10th day of January 1984. City Manager Mack read the title of the Ordinance. On motion by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. 305 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE MUNICIPAL CODE TO ESTABLISH LOPEZ WATER CHARGES FOR MULTIPLE BUSINESSES SERVED BY ONE WATER METER. On motion by Councilman Vandeveer, seconded by Councilman Gallagher, for adoption of the Ordinance as written, and on the following roll call vote, to wi t: AYES: Councilmen Vandeveer, Gallagher, Millis and Mayor Smith NOES: Councilman Hogan ABSENT: None the foregoing Ordinance was passed and adopted the 10th day of January 1984. ADOPTION OF RESOLUTION RE: CONSTRUCTION STANDARDS B4 AND B5 (DRIVEWAY GRADES) Public Works Oirector Paul Karp read the title of the Resolution. On motion by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried to dispense with further reading of the Resolution. RESOLUTI ON NO. 1736 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING DESIGN POLICY MODIFYING CONSTRUCTION STANDARDS B4 AND B5 ---- --~,-_.._._-_._.- .-.- ~, . ~ .-.., , ) .... CITY COUNCIL JANUARY 10, 1984 ARROYO GRANDE, CALIFORNIA PAGE SEVEN On motion by Councilman Gallagher, seconded by Mayor Smith, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 10th day of January 1984. FEDERAL AID URBAN PROJECT DESIGNATION BY RESOLUTION Public Works Director Karp read the title of the Resolution. On motion by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION ON FEDERAL HIGHWAY ADMINISTRATION TO APPROVE FEDERAL AID URBAN PROJECT FOR THE CITY OF ARROYO GRANOE On motion by Council Member Millis, seconded by Council Member Gallagher, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 10th day of January 1984. WRITTEN COMMUNICATIONS Mr. Mack called attention to two pieces of correspondence from Assemblyman Eric Seastrand to the Governor. In the first, Mr. 5eastrand asked for funding assistance for the Oak Park/Highway 101 intersection. The second memo requested financial assistance for the So to Sports Complex project. ORAL COMMUNICATIONS Councilman Millis said the tape recorder requires adjustment and a qualified person said only a minor adjustment is needed,and suggested that the Staff correct the problem. Councilman Millis said in reviewing the lengthy Grading Ordinance he noticed that violators of the Ordinance could have Council correct the problem under the Nuisance Abatement Code. He asked Staff to confirm that we have a Nuisance Abatement Code. City Attorney Shaw said the rough draft has been prepared and readied for the word processor. City Attorney Shaw requested Council authorization to associate the law firm of Wilson, Morton and Lynch of San Mateo to ehlp in defense of the motion to modify the judgment in the Wells case, coming up for hearing in two weeks. A motion was made by Councilman Gallagher, seconded by Councilman Vandeveer and unanimously carried, to authorize Wilson, Morton & Lynch for litigation. Mayor Smith asked if any flooding occurred on Tally Ho Road during the last storm. Mr. Karp said there had been a request for sand bags, but he believed they went to Sunset Drive, and no flooding was noted on Tally Ho. Councilman Gallagher asked if another appraisal on the Whiteley property and on the Council Chambers property had been arranged. Mr. Mack said Council had authorized another appraisal on Council Chambers property, but not on the Whiteley property. He said a different, local firm had been contacted to do an appraisal on the Council Chambers property. ,-";., ,4 " . . .~ , _i CITY COUNCIL JANUARY 10, 1984 ARROYO GRANDE, CALIFORNIA PAGE EI GHT. ADJOURNMENT On motion by Council Member Vandeveer, seconded by Council Member Gallagher, and unanimously carried, to adjourn to regular adjourned meeting on Monday, January 16, 1984, at 7:00 P.M. to study Oak Park Intersection problems. The regular Council meeting adjourned at 11:53 P.M. <dl~~ MAYOR ATTEST: