Minutes 1987-09-08
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 8, 1987
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session at 8:00 P.M., with Mayor
Howard Mankins presiding. Present were Council Members Dorace Johnson,
Mark M. Millis, Gene Moots and D. G. Porter.
FLAG SALUTE AND INVOCATION
Mayor Mankins led the Pledge of Allegiance to our Flag, and the Rev.
Dennis Bjorgan, First Assembly of God Church, delivered the invocation.
PUBLIC APPEARANCES
None.
CONSENT AGENDA
Moved by Moots/Johnson (5-0-0) to approve the Consent Agenda with
the recommended courses of action.
C.l. City Counci I Minutes of August 25, 1987. Approved.
C.2. Proclamation, "National POW/MIA Recognition Day," Friday, September
18, 1987. Proc I aimed.
C.3. Long Range Planning Ad Hoc Committee Minutes of August 24, 1987. Information.
C.4. School Facilities Fees Annual Report, 1986-87. Information.
C.5. Courtland Traffic Signal Progress Report. Payment Authorized. C.C.FILE 11-11-6
Public Hearings
PROPOSED AMENDMENT TO MUNICIPAL CODE TO REZONE CERTAIN PROPERTY WITHIN
RANCHO GRANDE DEVELOPMENT FROM UNPLANNED "PLANNED DEVELOPMENT" TO PLANNED
DEVELOPMENT (P-D) TO ALLOW INVITATIONAL BED AND BREAKFAST INN (1190 WEST
BRANCH) WESLEY CARLSON-C.C.FILE 6-10-15
Clty Attorney Art Shaw said this was a procedural issue that came
to the City Council as a use permit case from the Planning Commission.
He said it should be an ordinance amending the Rancho Grande Planned Development
Ordinance. He said if there are no substantial changes by the City Council
to what the Planning Commission considered and approved, the item can be
treated as a recommendation for an ordinance from the Planning Commission.
He said if the City Council wants to make substantial changes, he would
recommend referring the matter back to the Planning Commission for its
review of a proposed ordinance change.
Council Member Millis said the item should go back to the Planning
Commission for consideration since it is an amendment of the ordinance.
He said the Planning Commission may have voted yes on a use permit, but
no on a rezoning. He said the letter of the law should be following on
this rezoning procedure.
Acting Planning Director Ned Rogoway said he had initially advised
the applicants to apply for a conditional use permit, but later found that
the ordinance that applies to Rancho Grande applies to the Rancho Grande
properties. He said this property is designated in the ordinance as unplanned.
He said after consulting with Mr. Shaw, it had been decided that it should
be an ordinance amendment.
Mr. Shaw said lawsuits could be avoided by sending the item back
to the Planning Commission. He said other Staff members may want to have
input on the project.
After Council discussion, it was moved by Millis/Johnson (5-0-0)
to send this question of rezoning back to the Planning Commission.
CITY COUNCIL SEPTEMBER 8, 1987
ARROYO GRANDE, CALIFORNIA PAGE TWO
APPEAL OF PLANNING COMMISSION'S DENIAL OF MINOR SUBDIVISION AT 405 ANO
407 TRAFFIC WAY, IN "C-3" DISTRICT, JERRY AND JEAN BOWSER (LOT SPLIT CASE
NO. 87-445)-C.C.FILE 6-10-16
Mr. R090way referred to his memo of September 1, 1987, and showed
a map of the property on the overhead projector. He described the proposal
and said the Planning Commission had studied it and found that the proposed
office use was not legal in a C-3 District, and the driveway width did
not meet City standards.
Mr. Shaw said this is not a condominium project. He said if the
land was split up with two units and a common open space, it would be a
planned unit development. He said if the City Council approves this type
of parcel, it should have a use permit and conditions approved by the City.
He said a use permit is necessary because there are conditions which should
be required, and the adjoining property owner should be a part of the agreement.
He said currently the office building located there is a legal non-conforming
office use, and if ownership changes, the use permit should contain a statement
saying that if the property is sold the use would revert to retail zoning.
He said the use permit would be for the common area and two office buildings.
Council Members discussed with Staff the driveway width and the common
parking area.
Mayor Mankins opened the Public Hearing.
JERRY BOWSER of 407 and 405 Traffic Way, the applicant, gave a history
of the development of the property. He said he and the adjoining owner
have a mutual agreement concerning the driveway. He said the driveway is
actually 27 feet wide, and there are 13 parking spaces.
MARIE CATTOIR of 195 Orchid Lane asked if the City Council grants
the planned development concept and the building is sold in front, will
the offices be sold separately.
Mr. Rogoway said the applicants have asked for a planned development
parcel map, which involves the whole building. He said the applicants
are creating three lots, and offices inside the buildings are part of each
property.
Mr. Mankins closed the public portion of the hearing.
There was Council discussion of how to respond to the applicant,
and Mr. Shaw said the Council could approve the project with conditions
and send it back to the Planning Commission for the issuance of a use permit.
A motion was made by Porter/Millis to send the matter back to the
Planning Commission for issuance of a use permit and addition, of conditions.
Council Member Millis said in addition,an ordinance should be written
to cover this type of matter in the future.
Council Member Johnson suggested that the conditional use permit
be issued by the City Council and then sent back to the Planning Commission.
Council Member Moots suggested the City Council issue the conditional
use permit and let the Staff write the conditions. Council Members agreed
to this plan.
Council Members Porter and Millis reworded their motion (the vote
was 5-0-0) to refer the proposal to Staff to write conditions, including
the driveway having a proper recorded easement, the parking lot being properly
maintained, the fire access being approved by the Fire Chief, and any other
necessary conditions being added by Staff.
It was also moved by Millis/Johnson (5-0-0) to direct Staff to write
an ordinance covering this type of situation in the future.
Mayor Mankins said the Appeal and Public Hearing would be continued
for two weeks.
CITY COUNCIL SEPTEMBER 8, 1987
ARROYO GRANDE, CALIFORNIA PAGE THREE
FIRST READING OF ORDINANCE CHANGING ZONING CLASSIFICATION IN CERTAIN SPECIFIC
PROPERTIES WITHIN LOTS 4 THROUGH 8, BLOCK 6, PARCEL A OF PM21-44, AND LOTS
ONE THROUGH 9, 8LOCK 7, ALL IN TRACT NO. 46, LOCATED IN THE HILLCREST DRIVE
AREA, FROM R1, SINGLE FAMILY RESIDENTIAL TO R1-D, SINGLE FAMILY RESIDENTIAL,
WITH A "-0", DESIGN COMBINING DISTRICT-C.C.FILE 6-15-83
Mr. Shaw referred to the proposed ordinance chan9ing zoning classification
in the Hillcrest Drive area and said what the Council had before it was
what it approved at the last meeting and had been brought back in ordinance
form. He read the complete ordinance. Mr. Rogoway said the addresses
to be filled in the blanks in the ordinance were 1315 to 1529 Hillcrest
Drive and 1300 to 1470 Newport Avenue.
Moved by Porter/Millis (5-0-0, with Council Members Porter, Millis,
Moots, Johnson and Mayor Mankins voting aye) to approve the first reading
of the proposed ordinance.
136 VISTA CIRCLE ARCHITECTURAL REVIEW-C.C.FILE 6-15-85
Mr. Rogoway referred to his memo of September 3, 1987. He showed
the property on a map on the wall. He said the Planning Commission had
reviewed the architecture and had recommended the following conditions:
1. A drainage and grading plan shall be prepared by a registered civil
engineer which .contains an appropriately sized non-erodible drainage swale
per AG Standard 391 A.G. or other acceptable non-erodible surface. In
addition all on-site drainage pipes shall be sized to accommodate maintenance
or protection of inlet structures shall be designed in a fail safe manner.
Existing driveway location to be verified by the engineer.
2. The landscape plan shall be submitted to the Director of Parks and Recreation
for his review and approval.
3. Driveway shall be graded to a slope not to exceed 15 percent and a width
of not less than 12 feet.
Moved by Moots/Millis(5-0-0) to approve the project with the Planning
Commission recommended conditions.
URGENCY ITEM-OAK PARK FOURSQUARE CHURCH-C.C.FILE 6-10-13
Mayor Mankins referred to a September 8, 1987, letter from Richard
Day, Associate Pastor and church construction project supervisor, requesting
an urgency item on the agenda. The Mayor said the church had begun sidewalk
construction and, in error, set the forms for six-foot wide meandering
sidewalks.
After Council questions of Staff, it was moved by Porter/Moots (5-
0-0-) to approve adding the urgency item to the agenda on the basis of
cost factors for the applicant, and apparent conflicts in City documents
regarding the sidewalk configuration.
THE REV. DAY said there were two conflicting City documents which
the construction workers were following, one saying 10 feet wide straight
sidewalks, and one saying 6 feet wide meandering sidewalks.
Parks and Recreation Director John Keisler said the meandering sidewalks
would match with the neighboring tract's walks and are an improvement over
the straight walks in this case.
Moved by Millis/Johnson (5-0-0) to allow the six feet wide meandering
sidewalks and amend the resolution approving the use permit, adopted by
the City Council June 26, 1984.
AWARD OF TOW SERVICE BIDS
Police Chief James Clark referred to his memo of September 3, 1987,
and recommended that tow services in Arroyo Grande be awarded to the low
bidder, Bill's Towing, for a period of one year, beginning October 1, 1987,
through September 30, 1988.
Moved by Millis/Porter (5-0-0) to award towing services to the low
bidder, Bill's Towing.
CITY COUNCIL SEPTEMBER 8, 1987
ARROYO GRANDE, CALIFORNIA PAGE FOUR
AWARD OF TRAFFIC WAY STORM DRAIN AND WATER MAIN IMPROVEMENTS BID-C.C.FILE 9-17-29
Public Works Director Paul Karp referred to his memo of September
2, 1987, and recommended that the City Council amend the budget and authorize
award of the storm drain project to the low bidder R. Baker, Inc., to construct
storm drain and water main improvements within Traffic Way for the amount
of $532,970.00.
Mayor Mankins asked about the completion schedule on this bid. Special
Projects Engineer Dwayne Chisam said it will be 30 working days after delivery
of pipe, which will take 6 to 8 weeks.
Moved by Moots/Johnson (5-0-0) to approve Mr. Karp's recommendation.
GRAND AVENUE TRAFFIC IMPROVEMENTS-C.C.FILE 11-11-8
Mr. Karp referred to his memo of September 2, 1987, recommending
that the City Council review materials prepared in response to a City Council
study session held July 29, 1987, at various locations on Grand Avenue.
He also referred to a September 1, 1987, memo written by Mr. Chisam, who
heads the traffic portion of the City Engineering Department, summarizing
the issues and recommending traffic improvements on Grand Avenue.
Mr. Karp posted on the board blue line photo9raphic sheets showin9
Staff, Omni-Means and City Council recommendations. Mr. Chisam spoke from
the data reviewing the various locations on each sheet.
Council Members had comments on some of the proposed red curbing;
on addin9 stop signs, crosswalks and beacons; on traffic speed, and on
other traffic issues.
Mr. Karp referred to his memo of August 4, 1987. He discussed new
ramps going in at U.S. 101, and recommended that the Council maintain a
left hand turn lane in front of McDonald's Restaurant. He said there would
be a signal at West Branch that would help the traffic flow in front of
McDonald's.
Mr. Chisam discussed the benefits of center medians on Grand Avenue.
After more Council and Staff discussion, including the encouragement
of alternate routes to Grand Avenue and private off-street parking, it
was decided that the matter would be continued to the September 22, 1987,
meeting, and that it would be taken up as the last item on the agenda with
one hour scheduled for discussion.
REQUEST FOR PERMISSION TO REMOVE TREES FOR FILL ON COUNTY AG ZONED LAND-C.C.FILE 6-14-105
Mr. Karp said that developer Bill Lackey had asked for City approval
of the placement of fill on County property next to the Woman's Club. Mr.
Karp said if the fill is placed in the draw, it would necessitate the removal
of quite a few oak trees. He said the material was previously planned
for the school site. He said the area is zoned agriculture and is owned
by the County.
Council Member Millis asked the status of the escrow - the land swap
concerning this property.
Mayor Mankins said it has not been put together yet and it is County
land at this moment. He said it was before the Council because of the
trees.
Mr. Lackey showed the area on the map. He said the Oak Trees are
in the gully. He said he wants to use the fill where it will do some good.
He said it will improve what will be City property. He said, with regard
to the land swap negotiations, that he is working with the County and getting
all the easements now.
Mr. Keisler said there are 20 or 30 trees there, but he had not seen
the site plan as yet.
.
CITY COUNCIL SEPTEMBER 8, 1987
ARROYO GRANDE, CALIFORNIA PAGE FIVE
REQUEST TO REMOVE TREES FOR FILL ON COUNTY AG ZONED LAND Continued from
Page 4
Mr. Lackey said the road would take out approximately 13 trees.
. Council Member Millis said if the land was used for a park, for eg.,
f,ll would not be needed. Fourth District Supervisor Jim Johnson said
the land will have to be used for a public building. Council Member Millis
said he wanted to see a copy of the agreement as soon as possible.
There was Council discussion of Oak Branch Road configuration. Council
Member Porter sa,d he had not seen the road actually drawn in on a map.
Mr. Lackey said he had only had the plans for about a week.
Mayor Mankins asked when the request for approval of the road will
come to the Council. Mr. Lackey said the plans are now in the City's Public
Works Department.
MICHAEL ZIMMERMAN, an attorney of 227 E. Branch Street, said there
are agreements being made concerning a civic center location that the Council
is not aware of. He said the Council should have a committee involved
in all of the negotiations,and specific goals set out for how the land
will be used. He said there is civic center property already on Branch
Street. Mayor Mankins asked Mr. Karp when the request would come to Council
to remove the trees for the street. Mr. Karp said the plans are being
checked now.
Council Member Millis said it does not sound like there will be choices
as to how the land can be used.
Mayor Mankins said the Council has known for a long time that it
would be involved in this matter with regard to the road.
There was further discussion. It was explained by Council Member
Porter to the Council that Mr. Lackey was proposing to fill two steep unusable
gullies on either side of the road. Council Members Moots and Johnson
said the trees could not be saved anyway. Council Member Millis said it
makes sense to put the fill there.
Moved by Moots/Porter (5-0-0) to approve the request to remove trees
for fill on County Ag Zoned Land, with a working relationship between the
developer, Mr. Keisler and Mr. Karp.
Mr. Karp asked the Council if there were any major objections to
this road alignment. Mayor Mankins explained the alignment. Council Member
Porter was given a map showing the alignment. No Council Member expressed
any objections to the alignment.
HARVEST FESTIVAL
Mr. Mack referred to an August 21, 1987 letter from Katcho Achadjian,
1987 Harvest Festival President.
Moved by Millis/Porter (4-0-1, Johnson abstaining) to approve the
request to use City facilities and other specific areas for festival activities.
Moved by Millis/Moots (4-0-1, Millis, Moots, Porter and Mayor Mankins
voting aye, Johnson abstaining) to approve Resolution No. 2154 Requesting
Authorization to Close a City Street for the Harvest Festival Parade.
WATER SERVICE TO OUTSIDE-CITY RESIDENTS-C.C.FILE 13-1-15
Moved by Millis/Porter to adopt Resolution 2155 (5-0-0, Millis, Porter,
Johnson Moots and Mayor Mankins voting aye) to adopt a policy for the
use and'extension of City water outside the City limits.
Moved by Porter/Moots (5-0-0, Porter, Moots, Johnson, Millis and
Mayor Mankins voting aye) to approve the Agreement to extend water
service outside the City to 1216 Huasna Road (Henry Alexander).
CITY COUNCIL SEPTEMBER 8, 1987
ARROYO GRANDE I CALIFORNIA PAGE SIX
WATER SERVICE TO OUTSIDE-CITY RESIDENTS Continued from Page 5
Mr. Mack called Council attention to the fact that through adoption
of a policy for offering water service outside the City, he would construe
Council intent to be that the City would not provide water to property
on Grand Avenue in Grover CitYI when and if it develops.
FEES AND CHARGES
Mr. Mack asked for Council input. He said a Public Hearing would
be necessary.
Mayor Mankins asked about Election filing fees. Mr. Shaw said he
and the City Clerk would recommend changing printing costs since there
is a $25 limit for a filing fee.
Mayor Mankins said the Council adopted a $75 filing fee.
The City Clerk said some City Councils charge $25 filing fees and
also printing costs for candidates statements. She said some Councils
do not charge any fees at all.
Council Members discussed the matter and said they preferred a $75
total charge to candidates, including the $25 filing fee.
Mayor Mankins said the item would be advertised and come back to
the Council for a Public Hearing on September 22, 1987.
STUDY SESSION-RANCHO GRANDE-C.C.FILE 6-14-66
A Study Session on Rancho Grande Shopping Center Development was
set for 3:30 P.M. September 15, 1987, in Council Chambers, 215 E. Branch
Street.
ADJOURNMENT TO CLOSED SESSION
The Council adjourned at 11:25 P.M. to a Closed Session.
RECONVENEMENT AND ADJOURNMENT
The Council reconvened to open session at 11:58 P.M. Moved by Moots/Millis
(5-0-0) to immediately adjourn to a continued meeting on September 15,
1987, at 3:30 P.M.
MAYOR
ATTEST:
CITY CLERK
CITY OF ARROYO GRANDE
CITY COUNCIL MINUTES Septenber 6, 1987
The City Council met at 6:30 P. M. in the City Council Q1Bmbers Building. Mayor Mankins
called the meet~ to order. Upon roll call, all menbers of the City Council were found to be present.
On motion of Council Member Porter, with second by Council Member Moots, the City Council
adjourned to Closed Session for personnel matter relat~ to the EII'ployment and interview of a Plann~
Director candidate.
At 7:50 P. M., Council returned to Open Meeting. Upon Council MenDer Millis's motion,
seconded by the Council Member Johnson, the meeting was adjourned.
--..'-.--- ~,--,,----_.-
ROBERT MACK, DEPUTY CITY CLERK