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Minutes 1986-12-09 . 223 CITY COUNCIL DECEMBER 9, 1986 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in regular session with Mayor Howard Mankins presiding. Upon roll call, Council Members Dorace Johnson, Mark M. Millis, Gene Moots and D. G. Porter reported present. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Mankins led the Pledge of Allegiance to our Flag; and immediately thereafter the Rev. Gregory Waybright of Grace Bible Church of Arroyo Grande delivered the invocation. ORAL COMMUNICATIONS MARIE CATTOIR of 195 Orchid Lane said she was heartened that the City is entering a new era. She described a recent water and boundarY Tine .- dispute she has been involved in, and said the issue is a matter of interpretation of the City Building Code, not a civil dispute. She said the tenant on her property had been without water service for 19 days, and hopes in the future the City will find speedier resolutions to problems. SELECTION OF MAYOR PRO TEM Council Member Porter nominated Council Member Dorace Johnson to be Mayor Pro Tem, and Council Member Gene Moots seconded the nomination. Mayor Mankins asked if there were any more nominations, and hearing none, declared Mrs. Johnson Mayor Pro Tem by acclamation. CONSENT AGENDA Council Member Moots asked for further amplification of Item 11, and City Manager Mack said that Police Chief Clark stated in his memo of November 25, 1986, that the new computer system will meet the needs of the Police Department for several years, and there are ample funds in the present budget to purchase the hardware and software needed. Mr. Mack explained that records keeping will be improved, and logging police reports directly into computer will save time. He said the department is currently on a computer system with other cities, and it has not been satisfactory. He said Chief Clark has taken courses relating to the new system. Council Member Moots said he wanted the public to know the City is in the "computer age." Council Member Johnson asked if there would be a savings from the decreasing use of the City computer, and Mr. Mack answered in the affirmative. \ On motion of Council Member Johnson, seconded by Council Member Porter, and unanimously carried to approve Consent. Agenda Items 1 through 13 as recom- mended. .---- -...__.-.'-.- .-----.....-... 1. Minutes of Novenber 25 and DecelWer 1 and 2, 1986 (Recomnend Approval) 2. CIIsh Disbursement Ratification &: Demand Register (Recomnend Approval) 3. November, 1986 Departmental Monthly Report (Infom18.tion) 4. DecenDer 2, 1986 Planning Conmission Answered Agenda (Infonnation) 5. NovesOOer 18, 1986 Planning CcImission Minutes (Infom18.tion) 6. NovesOOer 5, 1986 So. SLO Cb. Sanitation District Minutes (Infom18.tion) 7. 1985/86 So. SLO Cb. Sanitation District Management Letter (Infonnation) and Audited Financial Statements 8. November 7, 1986 SCAT Minutes (Infonnation) 9. NovelWer 6, 1986 San Luis Obispo Area .Cbordinating CbW1cil Minutes (Infom18.tion) 10. EDD Response to Request for Soutb CoWIty Location (Infom18.tion) 11. Police Department's Request for New Caq>uter System . (Recomnend Purch8se) 12. Final Pa~t - Terra De 01'0 Park (Recomnend Pa~t) 13. Approval of Parcel Map AG 86148, Thelma WilIianB (Recomnend Approval) . ~ 224 CITY COUNCIL DECEMBER 9, 1986 ARROYO GRANDE, CALIFORNIA PAGE TWO RESOLUTION DECLARING CITY-OWNED BRUSH POPPER PROPERTY AS SURPLUS PROPERTY i Mr. Mack recommended that the Council pass a resolution declarin9 the site on the Nipomo Mesa, owned by the City and currently being leased by the Brush Poppers Riding Club, as surplus and authorizin9 the receipt of bids. Referring to his Memo of December 5,1986, he.rev5ewedthe steps that would take place if the property were declared surplus. There were questions of staff from the Council, and Mayor Mankins said he would like more time to study the issue. Council Member Millis said he would prefer to let the Brush Poppers continue to use the land. Mayor Mankins invited public testimonY:-- JUDY GRUEN of 3120 Cienega presented the Council with petitions containing 876 signatures, including 309 from Arroyo Grande residents, asking the Council to continue the existing lease arrangement between the club and the City. She told the Council that not once in 22 years has there been a claim or lawsuit filed because of the club's activity on the land, and the only complaint came from someone who did not live nearby. She said the club has no hope of being able to purchase the land. On motion of Council Member Millis, seconded by Council Member Johnson, and unanimously carried, to accept into the record the petitions from Mrs. Gruen. IVAN SHIMON of 3260 El Rancho Lane said the Elk's Club would like to sponsor a benefit event at the horse arena in January, 1987, and asked for a decision of the Council on the future use of the arena. Mayor Mankins asked Mr. Shimon to put his request in writing and present it to the Council. Mr. Shimon said that if the Riding Club looses the arena, members will lose out on all competition the rest of the year. i BETH CURRIER of Rancho de los Animales, a ranch for disabled people and children, said the Brush Poppers is one of her main supporters. She asked the Council not to take the arena from the club. After Council discussion, on motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to continue this item to January 27, 1987. "OLD" BANK OF AMERICA BUILDING PARKING REQUIREMENTS Mr. Mack referred to his Memo of December 3, 1986, explaining that William Kapp has purchased the building and wishes its use for a retail operation. He said the City Building Code requires the structure to have a parking space equal to one for every 200 square feet of retail floor area, approximately 29 in total. He said Mr. Kapp has maintained that his property did not need that many spaces because it existed before the codes raised the parking standards. He said the Downtown Parking Parking and Advisory 80ard has recommended that the Council reduce Mr. Kapp's parking needs by 40 percent to 18 spaces. Mr. Mack recommended that the Council not grant the reduction on the basis that the Parking District's original premise was that all businesses would provide parking on an equal basis - one space per 200 square feet. He said that the 40 percent reduction should be removed from the ordinance as it serves no known purpose other than to permit an economic advantage to one party as opposed to the majority having similar on-site problems. He referred to a Memo from the City Attorney supporting this view. TERRY ORTON, representing Developer John Kuden, presented the Council with -.' a letter from Mr. Kuden. Mr. Orton said Mr. Kuden had applied for a variance for parking a year ago when he was planning to buy the "Old" Bank of America building. He said Mr. Kuden was told there would be no deviation from the parking ordinance. He said any shortage of parking at the bank building will unavoidably burden a piece of property he is currently developing at Branch and Wesley Streets. Mr. Orton asked the Council not to approve the parking reduction. There was Council discussion on this matter, and questions of Staff. ...------- .__.__._._---~------~.__.- ---~-~---._--- -_.------------ - . 225 C!TY COUNC I L DECEMBER 9, 1986 ARROYO GRANDE, CALIFORNIA PAGE THREE "OLD" BANK OF AMERICA BUILDING PARKING REQUIREMENTS Continued ATTORNEY ANDREW DAVID of 227 East Branch Street gave the history of the establishment of the Parking District. He said property owners in the 1950s saved the Village business district by donating money to set up parking for customers. He said if the Council approves the reduction for Mr. Kapp it will have a legal .and moral obligation to let others have reductions also. He said $3,000 is inexpensive for a parking space. ROGER LYON, representing Mr; Kapp, said Mr. Kapp was seeking a business license only and seriously ~tions, the applicability of the parking fees to the business license and questioned the Staff's interpretation that there has been an abandonment. He said his client has extensive arguments that there has been no abandonment but would be willing to compromise and accept the 3/5ths reduction. He said that his client has learned that there has not been one time when the Council has not accepted a recommendation of the [X}..,,)tan!1 Parking PLlvisory Board, I'ilich hCKJ recO'l1lEl1ded the reduction unanillDUsly. W. Mankins asked if there IIOUld be roore than one business in the bank building, and Mr. Lyon said at this time there is only one. He said if the Council wishes to differentiate between one or more than one business under one roof it should address that in the Ordinance. Further Council discussion followed and included the use of parking fees, the fairness of allowing the reduction for Mr. Kapp, and need to change the ordinance so the Council will not have to consider each application separately. BYRON GRANT, Village property owner, said he would like to see some consistency on the part of the Council on this matter. He said since 1962 the City has had a hard time keeping track of who has parking credits. On motion of Council Member Moots and seconded by Council Member Millis the Council voted to approve the Downtown Parking and Traffic Advisory Board recommendation to allow the 40 percent reduction in amount of parking spaces required . Council Member Porter voted "no." The Council directed the Staff to examine the Parking Space Ordinance and straighten out the inconsistency problem. The Council said this should be done within a 90-day period. PUBLIC HEARING-AGRICULTURAL DISTRICTS - ZONING ORDINANCE AMENDMENTS-CONTINUED FROM 10/28/86 COUNCIL MEETING City Attorney Art Shaw asked that the zoning ordinance amendments be continued to February 10, 1987. He said that the City had been involved with litigation concerning the Ellsworth/Cherry Avenue property case, and he wanted to be sure there would be no conflict between the two matters. On motion of Council Member Porter, seconded by Council Member Moots, and unanimously carried, to continue the Public Hearing on Agricultural Districts- Zoning Ordinance Amendments to February 10, 1987. POLICE DEPARTMENT'S DISPATCHERS' COMPENSATION REPORT Mr. Mack said that the 1985-86 San Luis Obispo County Grand Jury had recommended that the City review and revise the salary for dispatcher when comparative studies indicate the need for such a change. He said a study had been conducted for Council review, and he summarized a survey of Central Coast law enforcement agencies as shown in his Memo of December 3, 1986. He said, based on the study results, he would recommend increasing the monthly dispatcher wages by $86, or 5.47 percent, to raise them to the average wage they would be paid by other Central Coast agencies for their years of experience. He said such a wage increase would automatically increase retirement benefits by $20 per month to meet and exceed the slight existing fringe deficit. He said the increased cost to the City for the four dispatchers would be $2,548 for Fiscal Year 86/87 and $5,242 for 87/88. Mayor Mankins asked if it is the practice to take these kind of items on the agenda mid-year? Mr. Mack said it does not happen frequently and that this was in response to the Grand Jury. Council Member Johnson asked if there were a special time requirement here, and Mr. Mack said no. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to refer the Dispatcher Compensation matter to Budget Time. . 226 CITY COUNCIL DECEMBER 9, 1986 ARROYO GRANDE, CALIFORNIA PAGE FOUR WATER ADVISORY COMMITTEE REPORT Council Member Johnson reported that plans are being discussed in the County to equalize the cost of water from the State Water Project. She asked the Council for direction on how to vote on the issue when the Water Advisory Committee meets. She said the water would be less expensive in Cambria and San Simeon under the averaging plan, but that those cities down the pipeline would have a problem. Council Member Moots said this recommendation should not be asked for before the Environmental Impact Review is completed. Mayor Mankins said that it does take all the cities working together to make the I plan work, but that we should not act until we have more information on costs. i Mr. Mack said he would recommend that the Council not vote to average costs. It was the general consensus of the Council to oppose taking a stand without more details on a cost equalization proposal. , MOBILE HOME RENT STABILIZATION COMMITTEE REPORT i I Council Member Moots reported that the only action that has been taken , affecting the Mobile Home Rent Stabilization Ordinance is to remove the I Sunset Clause, which would have caused it to expire in one year. He said that Ordinance No. 350 C.S. removing the Sunset Clause will go into effect December 11, 1986. ORDINANCE PERMITTING ALCOHOL AT COMMUNITY CENTER Mr. Mack described the proposed ordinance and referred to his Memo of December 4, 1986. He said the Council directed preparation of an ordinance permitting alcohol use at the Community Center, with the stipulation that applicants provide $250,000 general liability coverage for the City. He said that the City's insurance brokers procedure manual recommends the provisions of Section 3 (b), which gives the City greater liability protection. He also recommended that a $10 processing fee be contained in Section 3 (a). GEE GEE SOTO of 312 Alder Street said asked if this Ordinance would apply to businesses which already have liability policies. Mr. Mack said that the City's insurance broker has said that it should make sure it has primary insurance for the City, its workers, and volunteers of the City. He said they want the City completely covered. Mr. Mack read the title of the proposed Ordinance. On motion of Council Member Millis and seconded by Council Member Jtmson, the Council voted unanimously to dispense with further reading of the Ordinance. Mayor Mankins said that constituted the first reading of the Ordinance. JAMES WAY NUISANCE ABATEMENT PROGRESS REPORT Public Works Director Paul Karp said that all of the nuisance abatement work at 238 James Way had been completed by the City Yard staff by the time of this Council meeting. He said the staff was in the process of gathering all of the billings for future posting and approval by the City Council. MASON/EAST BRANCH STREETS' TRAFFIC SIGNAL PROGRESS REPORT Mr. Karp said the contract for the signal had been awarded August 2, 1986, and had begun marking time. He said the project is supposed to be completed on January 16, 1987, and the contractor had delayed starting the project because he could not finish it immediately. He said that rather than open the project up, start it, and then leave it for a few days, he decided to wait until he ~ could do it all at once. He said he expects the work to commence perhaps within the next week. WATER QUALITY PROGRESS REPORT Mr. Karp reported that the County was working on the quality problem at Lopez Lake and it was the opinion of the staffs at the various contracting agenci es that the workl'ias commenci ng at a rate.-that seemed appropri ate. He said the County is working' with James M. Montgomery, and both the County Staff and Montgomery are working with Metropolitan Water District in Los Angeles to get the latest information available on the MIB problem. He said Metropolitan Water District is the foremost expert in this area of treatment. , C!TY COUNC I L DECEMBER 9, 19B6 ARROYO GRANDE, CALIFORNIA PAGE FIVE TRAFFIC WAY CONSTRUCTION PROGRESS REPORT Mr. Karp said that there is about a week and a half left to dig up the street on Bridge Street in the vicinity between Van's Auto Parts and the bridge. He said that work would commence after finishing the work on the North side of the Bridge which would run between the alley and Branch Street. He said the whole project should be completed, including pavement,just after Christmas. HIGHWAY 227 BYPASS STUDY REPORT Referring to his Memo of December 4, 1986, Mr. Mack said that he and Mr. Karp had met with representatives of Cal Trans and Mr. Ron DiCarli on November 17, 1986. He said that the California Transportation Commission authorized the study of a Highway 227 Bypass in the 1986 STIP, but did not authorize funds or Cal Trans time. He said the City of Arroyo Grande must be the lead agency if the Council desires to proceed with a study. He recommended that a study session be set. Council Members agreed and directed Mr. Mack to set up a time and date for the study session. DETERMINATION TO ADD ADDITIONAL PUBLIC HEARING TO DISCUSS UNMET PUBLIC TRANSIT NEEDS PROCESS Mr. Mack said that Mr. DiCarli of the San Luis Obispo Area Coordinating Council had invited the City of Arroyo Grande to hold an additional public hearing on Local Unmet Public Transit Needs. Mr. Mack said he did not recommend addin9 another hearing into this process. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to approve Mr. Mack's recommendation. STATE OF THE CITY MESSAGE Mayor Mankins listed the goals and recommendations he wishes implemented by the City Council and City Staff. He said that the extraordinary growth in population in the City is a challenge that must be faced by a close-knit team in which responsibility is clearly fixed...in which the elected Council, sup- ported by a professional staff, responds to the people of Arroyo Grande. His recommendations were: 1. Up dating the Council's "Rules of Order." 2. Setting Council meetings weekly, two in the daytime and two at night. 3. Reviewing policies concerning travel, and the use of public vehicles. 4. Reorganizing the structure of City Government; creating a Department of Engineering, a General Services Department, and a Building Department; elimi- nating the Public Works and Parks and Recreation Departments. 5. Having the Planning Department concern itself with long-range planning and implementation of such matters at water, sewers, agricultural land and zoning updates. 6. Abolishing the provision that allows a single Council member to appeal a Planning Commission decision. 7. Abolishing all City commissions, with the exception of the Planning Commission, which would be reduced to five members appointed by each Council member. 8. Appointing ad hoc committees of citizens for specific purposes and times when required. 9. Developing a program to protect and encourage historic preservation of structures. 10. Working toward a goal of dispersing traffic off Grand Avenue and guaranteeing adequate parking. CITY COUNCIL DECEMBER 9, 1983 ARROYO GRANDE, CALIFORNIA PAGE SIX STATE OF THE CITY Continued 11. Withdrawing from Zone Three Advisory Committee and dealing with Lopez recreation and water treatment through the Technical Advisory Committee and the City Administrative Staff. 1Z. Reactivating the South San Luis Obispo County Water Association to adjudicate water in the Arroyo Grande Tri Cities Mesa area. 13. Designating areas in the City to rezone for mobile home park development, and explore, encourage and assist private development of a life care retirement community in the City. 14. Workin9 with County to develop near the Regional Center a permanent to-scale village to accommodate special community events. 15. Developing a program to promote tourism, as an element of economic develop- ment. 16. Amending election ordinance to establish a filing fee for candidates. 17. Working with law enforcement to develop a bad check loss recovery program, and funding at budget time a crime prevention program. 18. Changing the budget to show personnel carried by each budget unit, the personnel request and the recommendation of the Finance Department; showing funding requested and recommended for each budget unit; establishing an enterprise fund for all equipment, which should be in a single budget unit. 19. Initiating the formation of a special Commission at the highest level to study the unification of Arroyo Grande, Grover City, Oceano and Halcyon into one City; recommending unification guidelines; naming the new City "Santa Lucia." ZO. Asking Staff to prepare after January 1, 1987, a tour of all City facilities for the Council. WRITTEN COMMUNICATIONS Council Member Moots read a letter from four businesses at Arroyo Town and Country Square praising the Arroyo Grande Volunteer Fire Department and Chief Douglas Hamp for their ~t and courteous handling of an emergency on December 3, 1986. He asked that copies of the letter be sent to the Volunteers and Chief Hamp. ORAL COMMUNICATIONS None ADJOURNMENT Mayor Mankins adjourned the meeting at 9:35 p.m. MAYOR ATTEST: CITY CLERK