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Minutes 1986-11-25 iJ~~'7!; ~~~.Z CITY COUNCIL NOVEMBER 25, 1986 ARROY.O GRANDE, CALIFORNIA 7:30 P.M. The City Council met in regular session with Mayor B'Ann Smith presiding. Upon roll call, Council Members Dorace Johnson, Gene Moots and D. G. Porter were present, and Council Member Matt Gallagher was absent. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Johnson led the Pledge of Allegiance to our Flag; and immediately thereafter, the Reverend Everett Taylor of First United Methodist Church delivered the invocation. RECOGNITION OF ARROYO GRANDE FUTURE FARMERS OF AMERICA (FFA) NATIONAL CHAMPIONS Mayor Smith read a proclamation honoring the Livestock Judging Team, Steve Gambril, Rosemary Farao and Gene Beamer, all 1986 Arroyo Grande High School graduates, and their coach Steve DeRose, Head of the High School Agriculture Department. She presented to Doug Hitchen, Arroyo Grande High School Principal, a plaque noting the achievement. ORAL COMMUNICATIONS None CONSENT AGENDA On motion of Council Member Moots; seconded by Council Member Porter, to approve Consent Agenda Item$ 1 through 12, 1 4 and 15, on the following vote, it wit: .\,. AYES: Mayor Smith and Council Members Johnson, Moots and Porter NOES: None ABSENT: Council Member Gallagher 1. Mmut:es of November 11 .and 13, 1986 (R ecommend Approval) 2. Cash Disbursement: R..tification & Demand Registers (Recommend Approval) 3. Prockmation, N"tioual Family \leek, November 23-29, 1986 (Recommend Mayor tI:l" ,:~~ ." ~.c1aim) 4. November 18, 1986, t'Janning Comuiisaion Answered Agenda (Information) 5. November 17, 1986, Parlcing and Traffic Commission Minutes (Information) 6. Nove..ber 12, 1986, Par\<s and Recreation Commission Meeting Notes (Information) 7. October, 1986, Crin.e Prevention Report (Information) 8. TlUrd Ql>4rter, 1986, San Luis Obispo County Air Po1WtWn Control D istr~t: . (Information) 9. Sonic Cab1e TV'. Upgradmg of Services and New Price Rate Schedule (Information) IO. October, 1986, SCAT PeIformance Report (Information) 11. Gener-.u. P1a,u of Cix:y of A.rroyo Grande, - DISTRIJIUnON ONLY, Ekments of Circuktion, Noise, SeisDW: Safety and Bowring (Information & File) 14. Progress Paymenl: No.2 - Traffic Way Sewer Improvements Project No. 70-86-1 (Recommend Approval) IS. ResoJutioll to Establish Stop S;gn at Linda Drive and Ehn Screet (Recommend Adoption) -_.~--_.~ CITY COUNCIL NOVEMBER 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE TWO CONSENT AGENDA Continued Item 12. Fire Fighter Safety Clothing - Award of Bid Council Member Porter asked if standards were issued, and if so, why did not San Diego Fire Equipment meet those standards? Fire Chief Douglas Hamp said that the company lately had not been reliable, and that other fire departments also have had trouble with it. He said that the company did not bid on the exact clothing used now. Item 13. Resolution Setting Public Hearing Re. Possible Nuisance Abatement - 175 Tally Ho Road City Manager Robert Mack requested that this item be withdrawn. He said accord had been reached with the persons who control the property with the camper. He said if the problem is not solved the matter would be brought back to the Council. Item 16. Traffic Signal - Grand Avenue/Courtland - Call for Bids Council Member Porter expressed concerns that most of the parties, Lucky's Market, Western Commercial, City Corps Savings, Joe Scolari, had not paid their portions of the cost of the signal design. Public Works Director Paul Karp' said that the Council will be able to make a final decision in January, when the award of the con- struction bid is discussed. Council Members Moots and Johnson said that there should be further correspondence with all parties being requested to make voluntary contributions toward the signal installation. Mr. Karp said that as soon as the bids are opened, he would send each party a bill for the balance with a letter saying that possible cancellation of the project is possible if voluntary contributions are not forthcoming. On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, to approve Items 12, 13 (withdrawn) and 16, as recommended. REQUEST FOR CITY-FINANCED DRIVEWAY RECONSTRUCTION-280 Tally HO ROAD Mr. Karp referred to his Staff Report of November 20, 1986, In which he explained conformance problems the City is having with John E. Rhone of 280 Tally Ho Road. Mr. Rhone is constructing curb and gutter improvements on his property. Mr. Karp states that he had met twice with Mr. Rhone since writing his memo. Mr. Rhone asked the City to construct additional driveway up to 44 feet long and approximately 19 feet of retaining wall zero to 2~ feet high. Mr. Rhone also asked the City to finance fence reconstruction. After Council discussion, on motion of Council Member Johnson, seconded by Council Member Porter, and unanimously carried, to authorize City Funding for reconstruction of a portion of concrete driveway at 280 Tally Ho Road, subject to provision of the City of appropriate rights of entry by the owner of the property. The Council said if Mr. Karp receives a Right of Entry and the property owner relocates portions of his fence, the City will pay for up to 30 feet of concrete paving and build the slopes suggested in the memo. REQUEST FOR FINANCIAL CONSIDERATION RE. INSTALLATION OF CURB, GUTTER AND DRIVEWAY APRON AT 294 TALLY HO ROAD, G. B. THURMAN Mr. Karp referred to his Staff Reports of November 3 and 20, 1986, and to an October 28, 1986, letter from Garold B. Thurman, requesting special financing for improvements to his property. Mr. Karp said he had been advised by City Attorney Art Shaw that public monies cannot be loaned to private individuals unless an assessment district if formed. After Council discussion, members came to the consensus that Mr. Thurman's request be denied. DRAINAGE IMPROVEMENTS' REQUIREMENTS FOR WALNUT VIEW ESTATES, LOT SPLIT CASE 85-408, CHERRY/BRANCH MILL ROAD (Continued from 11/11/86) Mr. Shaw referred to a letter from Gerald Weaver, attorney for the applicant, requesting a continuance. Mr. Shaw said the present Council must act on this matter. He suggested thp~ Mayor Smith allow CITY COUNCIL NOVEMBER 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE THREE WALNUT VIEW ESTATES LOT SPLIT CASE 85-408 Continued From Page Two testimony from any member of the public who would not be able to attend the meeting on this Lot Split case, which was continued to December 1, 1986. Mayor Smith invited the public to speak. MRS. ALBERT STILLWELL of 734 Myrtle said she would like to hear the testimony at the December 1, 1986, meeting, but probably would not be able to attend. Mayor Smith said written testimony would be acceptable. Mrs. Stillwell had questions about the City's recommendations for mitigating the drainage, and Mayor Smith directed Mr. Karp to provide her with a copy of his recommendations to the Council of the minimum requirements necessary to mitigate drainage concerns for the Lot.Split Case 85-408; his discussion of the recommendations, and the Tentative Parcel Map AG 85-015. Mrs. Stillwell was told she could pick up the Recommendations from Mr. Karp's office any time during normal working hours. ALBERT STILLWELL of 734 Myrtle said he is concerned that the City may allow a drainage system that would be a "band-aid." He said that it should allow for a 100-year-storm, and the drainage from Newsom Springs has to be considered. Mayor Smith said the public hearing would be continued to December 1, 1986, at 1:00 P.M., in City Council Chambers. PARKS AND RECREATION CCMMISSION I S RID:MMENDATION FOR CONSUMPI'ION OF ALCOHOLIC BEVEHAGES ON CITY PROPERTY Parks and Recreation Director John Keisler told the Council that many Citizens are requesting that alcoholic beverages be allowed at City facilities. He presented to the Council petitions bearing 109 signatures of people supporting the amendIrent of the Ordinance banning the alcohol. He said the Parks and Recreation Corrmission had been discussing the matter for sane time, and that comnissioners are concerned about the decline in reservations for the Community Center. He said the Ccmnission is also requesting the ban be lifted fran the parks and playing fields. On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, to accept into the record the petitions presented by Mr. Keisler. Mr. Keisler said the Commission had suggested that the Council consider a policy similar to that adopted for County facilities, whereby a user would have to provide $250,000 worth of liability insurance coverage that names the City as an insured party. He said homeowners policies presently provide such coverage. Council Members expressed concerns about policing park users, and Mr. Mack reminded the Council that a $250,000 liability policy would only cover the City for the first $250,000 in damage claims. He said settlements beyond that amount would have to be paid by the City. Council Members Porter and Johnson also expressed concerns about having alcohol at City parks. GEE GEE SOTO of 312 Alder Street said that even if the Ordinance were adopted, adult sports participants would not be able to consume alcoholic beverages at sporting events unless they had a permit from the City. Council Member Moots said he had no problems with the Commission's suggestion. On motion of Council Member Porter, seconded by Council Member Johnson, and on the following roll call vote, to wit: AYES: Council Members Johnson, Moots and Porter NOES: Mayor Smith ABSENT: Council Member Gallagher the Council voted to draft an amendment to Ordinance 348 C.S. permitting the use of alcohol in the Community Building, 211 Vernon Avenue, with the stipulation that a $250,000 liability insurance policy is posted with the City. The Council supported retaining alcohol restrictions at the City parks. CITY COUNCIL NOVEMBER 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE FOur, JAMES WAY NUISANCE ABATEMENT PROGRESS REPORT Mr. Karp said the City has received the plans on which a permit could be issued for the James Way construction. He said unfortunately those plans include design of improvements on Tally Ho Road frontage belonging to Mrs. Lauthbury. He said if Mr. Carrithers, representative of the owner at 238 James Way, wishes a permit under our permission given at the last meeting, we could so issue one. Council Members questioned Mr. Karp about what progress Mr. Carrithers has made to mitigate problems he created when grading was done without a City permit. Mr. Karp said Mr. Carrithers had been primarily involved with preparing the plan. Council Members expressed concern about the imninent rainy season and said that they had given him every benefit. They said the City staff had been very patient and they (the Council) was now pushed as far as it was going to be pushed. Council Member Moots said that it was made clear two weeks ago what was expected. Mr. Shaw said that Mr. Carrither's time to appeal has passed, and the City can proceed to abate the nuisance and place a lien on the property. Council Member Johnson asked if the brush had been cleared on the property, and Mr. Karp answered in the nega- tive. She said she regrets that the owners of the property arc now going to have to pay for the City to abate the nuisance caused by others. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to direct City staff to go ahead and do whatever is necessary to abate the nuisance at 238 James Way and to clear the brush. Mr. Mack suggested that included in the motion should be that emergency measures should be taken by the Public Works Department because of the i.mminentrainy season, and that it should be clear that Mr. Karp has the authority not to havc to go through the bidding process to have this work done. The Council approved. RANCHO GRANDE-TRACT 1132 APPROVAL.& PARCEL MAP APPROVAL AG 83-013 Mr. Karp referred to his Staff Report of November 21, 1986, concerning the Final Approval for Tract 1132. He said the referenced tract is located within the Rancho Grande subdivision and generally lies northerly of Saint Patrick's School and southerly of James Way. He said the area is being divided into 134 single family lots confor- ming to the specific plan outline.d in Ordinance 186 C.S. and sub- sequent revisions. He posted the Tract 1132 map on the board, and gave the Council copies of the Irrevocable & Perpetual Offer to Dedicate, which was being revised due to errors in the description. After Council discussion, on motion of Council Member Porter, seconded by Council Member Moots, and unanimously carried, to accept Mr. Karp's recommendations which include: 1. Accept on behalf of the public the "Irrevocable and Perpetual Offers to Dedicate' (to be revised) for rights of way shown on the Tract Map as the following: Strip B (water easement and reservoir access), Strip C (water easement), Lot C (reservoir site), Lot D (pump station site) , and Parcel 5 (drainage easements SA through 5E; and 1A. Reject with prejudice the previously recorded Irrevocable and Perpetual Offer to Dedicate. 2 . Accept on behalf of the public Strip A (water easement and reservoir access dedicated on the previous Parcel Map AG 77-103, but rejected without prejudice to future acceptance); and 3 . Find that actions for one and two above relieve the contingency placed on the time extension approvals for the tentative Tract Map 1132 and Parcel Map AG 83-013; and 4 . Accept on behalf of the public subject to satisfactory com- pletion of improvements, the offers of dedication shown on Tract 1132 for streets, with adjacent cuts and fill slopes; and easements for street trees, storm drains, class A drainages, and ingress and egress; and CITY COUNCIL NOVEMBER 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE FIVE RANCHO GRANDE Continued 5. Accept on behalf of the public the water rights within Tract 1132; and 6. Reject without prejudice to future acceptance the offers of dedication for class "B" d~ainage easements; and 7. Find that the required public and private improvements are necessary prerequisites to the orderly development of the community; and 8. Find that Tract 1132 is consistent with the conditionally approved tentative map found by the Planning Commission and City Council to be consistent with the General Plan and City zoning ordinances applicable to the property and its development; and 9. Authorize appropriate fund transfers subsequent to City purchase of the park site in order to negate the developer's financial liability for certain subdivision fees owed to the City by the Developer and outlined in the invoices to the developer dated October 10, 1985, and December 17, 1985. In confor- mance with the previous approved park land acquisition agreement and attached copy of the developer's letter dated November 11, 1986; and 10. Authorize extension of the developer's secured improvement agreement from November 15, 1986, to January 15, 1987, as requested in the letter to the City dated November 18, 1986; and 11. Approve Tract 1132. Mr. Karp referred to the Parcel Map AG 83-013 posted on the board. He referred to his Staff Report of November 21, 1986, titled "Approval of Parcel Map AG 83-013." He said the map serves the combined purpose of splitting the commercial parcel, created under parcel map AG 77-103, into four parcels, and adjustment of the lot line between the commercial parcel and the unplanned area shown as "remainder" on parcel map AG 83-013. He said the parcel map fronts on West Branch Street and is bisected by Rancho Parkway, and the adjusted lot line lies along the future center line of Camino Mercado. After Council discussion, on motion of Council Member Porter, seconded by Council Member Moots, and unanimously carried to approve Mr. Karp's recommendations, which included: 1. Consider approval of Tract 1132 prior to adoption of the following recommendations; assuming that action has been previously taken; that the City Council is requested to take the following additional actions: 2. Accept on behalf of the public the offers of dedications shown on the map for streets, street trees; drainage and sewer easements; ingress and egress easements; and water rights; and 3. Find that the required improvements are necessary prerequi- sites to the orderly development of the area; and 4. Find that Parcel Map AG 83-013 is consistent with the revised tentative map found by. the Planning Commission and City Countil to be consistent with the General and Specific Plan and City zoning ordinances applicable to the property and its develop- ment; and 5. Approve Parcel Map AG 83-013. CITY COUNCIL NOVEMBER 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE SIX RANCHO GRANDE Continued Mayor Smith expressed her approval of the way Rancho Grande is being developed and the requirements the City of placing on the subdivision. PETER C. MILLER, who represents OTTSE, Inc. , developers of Rancho Grande, thanked the Council and City staff for their endurance and acceptance. "OLD"BANK OF AMERICA PARKING REQUIREMENT REDUCTION Planning Director Stanley Eisner referred to his Staff Report of November 7, 1986, titled "Request for Required Parking Reduction." He said that City zoning codes require that commercial structures provide one space for each 200 square feet of retail space or pay into a parking district at the rate of $3,000 per space. He said that although the Bank of America was permitted to operate with only 16 spaces, the building has been vacant for more than six months and so the bank's parking provisions no longer apply. He said City zoning codes permit the Council to reduce parking requirements to 3/5s of the City standard, and that the Downtown Parking Advisory Board Ilad recommended that reduction unanimously. Mayor Smith questioned the Board's action saying that the members are usually diligent in enforcing the parking requirements. Mr. Eisner said he believed that board members were concerned about the building remaining empty and perhaps believe that some parking would be preferable to having the 5,800-square foot building remain vacant. In a memorandum written, but not presented to the Council, Mr. Shaw raised several questions about consistency in the application of City policies. He said that provisions for reducing parking requirements should be applied only in accordance with an adopted policy, not on a case by case basis. WILLIAM KAPP of 617 Woodland Drive explained his plans for the building to the Council. He said he was contused by Mr. Shaw's memo, and accepted time to study it. Mayor Smith said the Council also needed more time to study the memo and it was the consensus to continue this item to Tuesday, December 9 , 1986. RESOLUTION AMENDING BASE YEAR EXPENDITURE APPROPRIATIONS LIMITS Finance Director David Bacon reviewed his Staff Report of November 14, 1986, titled "Re-calculation of Base Year Appropriation Limit, and Subsequent Year Limits." On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ITS 1978-1979 BASE YEAR AND SUCCEEDING YEARS EXPENDITURE APPROPRIATION LIMITS FROM TAX PROCEEDS 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 Johnson, Moots and Porter NOES: None ABSENT: Council Member Gallagher the foregoing Resolution was passed and adopted this 25th day of November, 1986. . CITY COUNCIL NOVEMBER 25, 1986 ARROYO GRANDE, CALIFORNIA PAGE SEVEN OAK PARK INTERCHANGE PROGRESS REPORT Mr. Mack informed the Council that preliminary work on the Oak Park Boulevard/U.S. 101 interchange is proceeding. He said officials from the three South County cities have signed agreements for joint maintenance and participation in the project, and County officials are expected to set aside special funds for maintaining nearby drainage basins. Council Members expressed concerns that the County would not set aside adequate funds or would only fund maintenance for a short time and leave Arroyo Grande responsible for costs. They urged City staff to ask the County officials to ensure the maintenance costs are adequately provided for. HIGHWAY 227 BYPASS STUDY REPORT Mr. Mack referred to his Staff Report of November 18, 1986, titled "Hiway 227 Bypass Study." He told the Council that while a bypass study was included in the state's five-year traffic im- provement program, there were no state funds nor Caltrans time budgeted for the study. He said it will be up to the City to take the lead in beginning a study, which could cost $100,000 to $200,000. He said a similar study in Hollister is costing $800,000. He recommended that the Council leave the decision on the new traffic study to new Council members, who will be seated December 2, 1986. The Council approved his recommendation. DOWNTOWN PARKING ADVISORY BOARD VACANCY APPOINTMENT None made. WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS Council Member Johnson encouraged all Council Members to participate in the Grover City Christmas Parade December 6, 1986, by riding in a vehicle. Other Council Members said they would be doing so. Council Member Porter asked why work has not begun on the traffic signal at Mason and Branch Streets. He asked Mr. Karp to look into the matter. Mr. Mack asked the Council if would prefer to delay the start of work on the traffic signal under after the holiday season. The Council said it would like the work to go ahead. ADJOURNMENT TO SPECIAL MEETING Mayor Smith adjourned the meeting to Monday, December 1, 1986, when Drainage Improvements' Requirements for Walnut View Estates, Lot Split Case No. 85-408, Cherry Avenue at Branch Mill Road, will be discussed. Time for that meeting is 1:00 P.M. MAYOR ATTEST: CITY CLERK __m...___