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Minutes 1987-01-13 . . ~, C!TY COUNC I L JANUARY 13, 1987 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in ,'egular session with Mayor Howard Mankins presiding. Council Members Dorace Johnson, Mark M. Millis and Gene Moots were present. Council Member D. G. Porter was absent. A.1. FLAG SALUTE AND INVOCATION Mayor Mankins led the Pledge of Allegiance to our Flag, and Council Member Johnson delivered the invocation. B. PUBLIC APPEARANCES None C. CONSENT AGENDA On motion of Council Member Johnson, seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Council Members Johnson, Moots and Millis and Mayor Mankins NOES: None ABSENT: Council Member Porter Consent Agenda Items No. C.1. through C.8. were approved as recomrnended. C. 1. C.ouncil Minutes of December 23, 1986 (Reconmend Approvul) C. 2. Fmergency Handbook for atizens (Infonnation) C.3. Departmental Monthly Report for DeCenDer, 1986 (Inforrmtion) C. 4. Arroyo Grande Qoeek - Swinging Bridge Conservation/Protection Project (Infonmtion) C. 5. Resolution Approving Application for Land and Vi ater Conserwtion Grant Funds for Rancho Grande Purk (Reconmend Adoption) C. 6. .K River Investments Drainage Easement (Recorrmend Acceptance) C.7. Lucia Mar Unified School District/Lincla Drive Quitclaim Deeds Trade (Recorrmend Acceptance) C. 8. Final Payment Request - Merrtrane Liner, Sato Sports O:Jmplex (Reconmmd Approvul) J. WRITTEN COMMUNICATIONS None K. ORAL COMMUNICATIONS None E.1. CHRISTMAS VACATION PLAYGROUND PROGRAM REPORT Brenda Barrow, who is Recreation Coordinator for the Parks and Recreation Department, told the Council about the Christmastime Playground Program operated by the City. The program served 468 children for eight days. She said there was a profit from the program of $224.74. F .1. ORDINANCE AMENDING REZONING PUBLIC HEARING NOTICE PROCEDURES Continued F.2. RESOLUTION AMENDING COUNCIL RULES OF PROCEDURE City Attorney Art Shaw referred to his memo of January 12, 1987, explaining some changes he had made to a previously-presented Rules of Procedure. After some Council discussion of the Rules pertaining to number of meetings the Council would hold each month, Mr. Shaw explained that the Rules of Procedure can be adopted by a Resolution. He said that the Arroyo Grande Municipal Code -------~ -- -. CITY COUNCIL January 13, 1987 ARROYO GRANDE, CALIFORNIA PAGE TWO F.2. RESOLUTION AMENDING COUNCIL RULES OF PROCEDURE Continued provides for two regular meetings per month and at anytime the Council can add more meetings by Resolution on a four-fifths vote. He said if there are not four affirming votes to do this, the Council can change the Code by Ordinance, which would require only three votes. After more discussion, on motion of Council Member Millis, seconded by Council Member Moots, that under "Meetings-Item B" of the proposed Rules of Procedure that "Business at regular sessions shall be conducted on the 2nd and 4th Tuesday of each month at 7:30 P.M. to 11:00 P.M., unless extended by unanimous consent of the Council members present," "reaffirm the right of the Mayor and a majority of the Council Members to call special meetings," and "for the next gO days experiment with four meetings a month." Mayor Mankins said he would prefer four meetings a month, two in the daytime and two at night, in order to create more continuity within the Counci 1 on the issues and with the public. He said experimenting with meeting dates might confuse the public. Mrs. Johnson said she was in favor of the Resolution changing the number of meetings each month to four because there is a need at this time for more meetings, and the Resolution could be changed if that need disappears. Council Members Millis and Moots said they would rather experiment with having four meetings a month than go through the procedures of adopting the Resolution and changing it back if four meetings were not needed, or changing the Municipal Code.. On the following roll call vote, to wit: AYES: Council Members Millis and Moots NOES: Council Member Johnson and Mayor Mankins ABSENT: Council Member Porter the foregoing motion failed to pass. G.1. UNMET TRANSIT NEEDS City Manager Robert Mack referred to his memo of December 30, 1986, and said that Council Member Johnson is Arroyo Grande Representative to the Area Council and would like policy direction from the Council on the matters of 1. Transit service between Five Cities and San Luis Obispo, 2. Expansion of Regional Handicapped System on Thursday evenings and on weekends, and 3. Demand response services (dial-a-ride) within the Five Cities area for the frai 1 elderly. He said that these are all considered unmet needs by the Area Coordinating Council. Council Members discussed the City's lack of funds to provide all the services asked for; the desire by San Luis Obispo merchants for bus service to their city; the fact that Arroyo Grande has the highest number of auto- mobiles per capita in the County, and the poor ridership at times on SCAT. On motion of Council Member Moots, seconded by Mayor Mankins, the Council voted to direct Council Member Johnson to vote against Unmet Needs Items 1 and 3, and to vote in favor of Iten 2, and to apply a measure of "reasonableness"to other requested services to fulfill unmet transit needs, on the following roll call vote, to wit: AYES: Council Member Moots, Mayor Mankins, and Council Members Millis and Johnson NOES: None ABSENT: Council Member Porter 0.1. 238 JAMES WAY NUISANCE ABATEMENT COSTS - PUBLIC HEARING Mayor Mankins opened the Public Hearing to the audience at the meeting. JEFF CARRITHERS, 2541 Santa Clara, San Luis Obispo, developer of the property, objected to the costs of the City Abatement of the property and said the erosion control could have been mitigated at much less cost. - -, CITY COUNCIL JANUARY 13, 1987 ARROYO GRANDE I CALIFORNIA P AGE THREE D.l. 238 JAMES WAY NUISANCE ABATEMENT COSTS - PUBLIC HEARING Continued BERT WEEMS of 151 James Way said he did not feel that a nuisance existed at 238 James Way. Mayor Mankins called for others to speak, and when no one came forward closed the public portion of the hearing. Public Works Director Paul Karp said that upon declaration of the nuisance at 238 James Way the property was properly posted according to law, the property owners were notified according to law, and Mr. Carriters was told that he could meet at the property to receive abatement instructions. Mr. Karp said Mr. Carrithers did not meet with him, and when approximately 35 days had passed and rain seemed imminent, he went ahead with the abatement ordered by the Council. HAROLD LEE, who is planning to have a home constructed at 238 James Way, said he has been waiting to build for two years. He said he did not feel that the owners of the property are responsible for the matter. He said if there is any fault it lies with the developers who are attempting to develop the lots. He challenged the City charges for dirt removal from a neighbor's lot. He said he had burned and pushed the debris into his neiqhbor's lot without her permission. Mr. Mack said that the dirt on the neighbor's lot was not a part of the Nuisance Abatement. MR. WEEMS asked where the City's responsibility lies on this matter, and said that sidewalks had been formed, and the stakes were pulled up recently. He said sidewalks would have helped the erosion problem. ED CHADWELL of 911 Longview, Pismo Beach, said that the City should not have charged for hauling away brush from the property of the neighbor, Patricia Lauthbury. He said the developers were about to take care of the erosion problem when the City went ahead with the work on a weekend. Mayor Mankins closed the public portion of the Hearing, and opened it up to Council discussion. Council Member Moots 9ave a history of the problem and Nuisance Abatement, and said that the City had tried hard to solve it. He said that with the onset of the rainy season there had to be erosion control and protection for the neighbors. Council Member Johnson agreed and said the Staff had tried to work closely with the developers to solve the problem. In answer to Council Member Millis, Mr. Karp explained the placement of earthen berms on November 25, 1985, and removal of debris on December 2, 1986. Mr. Karp read the title of the Resolution, and on motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried to dispense with further reading of the Resolution. RESOLUTION NO. 2013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE STATEMENT OF ABATEMENT COSTS CONNECTED WITH 238 JAMES WAY (Municipal Code Sec. 4-15.13) On motion of Council Member Moots, seconded by Council Member Johnson, and on the following roll call vote, to wit: AYES: Council Members Moots, Johnson and Millis and Mayor Mankins NOES: None ABSENT: Council Member Porter H.1. WATER QUALITY PROGRESS REPORT Mr. Karp said there is no new information to report about the County's work on this matter. He said the City staff iSI'.Qrking on the Safe Drinking Water &Jnd Law funding that was provided in the past to dig the City's deep well, as a sub- committee of the Council was told several months ago that Staff would look into an iron/manganese and perhaps nitrate removal system for the City water wells. ------- - o. "' I CITY COUNCIL JANUARY 13, 1987 ARROYO GRANDE, CALIFORNIA PAGE FOUR H.2. TRAFFIC WAY CONSTRUCTION REPORT Mr. Karp said there has been some minor delays as a result of the rain, but completion is expected within 5 or 6 days. H. 3. RANCHO GRA~TRACT 1132 DEVELOPMENT AGREEMENT Mr. Karp reported that work has been completed by Ottse, Inc., developers of Rancho Grande, and bonding is now in force for the time extension requested. He said Ottse, Inc. had requested a 6-month extension. He expressed his concern about the water system which may delay the Oak Park Acres project. REUBEN KVIDT of Oak Park Acres asked if he would be delayed in getting City acceptance of his tract. Mr. Karp said if the Mr. Kvidt's water system is clean, he will work with him so he can get acceptance when the remainder of the tract improvements are complete. Council Members discussed the time extension for Rancho Grande further, and, on motion of Council Member Millis, seconded by Council Member Johnson, and unanimously carried, to grant a 30-day extension of agreement to complete subdivision improvements at Rancho Grande development. H.4. EDMANDS AVENUE ABANDONMENT Mr. Karp referred to his memo of January 7, 1987, asking the Council to review a proposed resolution and exhibits dealing with terms under which the Staff could recommend abandonment of Edmands Avenue, and authorize the Staff to issue a revocable encroachment permit subject to normal design review for construction within Edmands Avenue right of way to Lucia Mar School District. He said he had written to residents of Cla~e Avenue inviting them to attend the meeting. He said the School District wishes to construct a bus barn and extend the existing parking lot across the area now occupied by Edmands Avenue. BOB GARING of Garing Taylor Associates said the proposal is to construct an all-weather road on Clarence Road to Huasna. He referred to the Exhibits in the Council packet. He said that the School District wishes to extend the bus parking area to the south over the area of Edmands Avenue, which is used by residents of seven parcels on Clarence Avenue as access to Huasna Road. He said a storm drain would be part of the construction. Mr. Mack asked about the width of paving on Clarence Avenue. Mr. Karp said 24 feet has been proposed and the City would not approve this unless the School District agrees to maintain the tamora~v street. There was Council and Staff discussion of the width of the street the school district should put in, and what would be required if the Azevedo property at Clarence Avenue and Huasna Road were to develop. TONY AZEVEDO, who spoke for his parents, said they were in favor of the School District plans as long as the road is dust-free, and when the Azevedo property is developed the School District matches it. He asked further questions about the driveway to his parents' property and a drainage ditch. ROY GIFFORD, an emoloyee of Lucia M~r SchDol District, said he would be glad to answer any questions. GEORGE PEARSON of 215 Clarence Avenue said that a tree at Edmands and Clarence is dead and should be removed. Mr. Karp said he would require removal of the tree. Mr. Pearson asked if there were any other proposals to pave the entire road, and Mr. Karp said not at this time. MR. GARING said that when the Azevedo property develope~the School District will pave its half of Clarence Avenue down to the south boundary of the Azevedo property, and from the South ~oundary of the Azevedo property to Edmands the district will pave a 2/3 street. ._--,-,-- -....'.--.-- -, C!TY COUNC I L JANUARY 13, 1987 ARROYO GRANDE, CALIFORNIA PAGE FIVE H.4. EDMANDS AVENUE ABANDONMENT Continued JOAN GULARTE of Clarence Avenue asked how much of her property would have to be 9iven up to put curb, gutter and sidewalk in, and Mr. Karp said none, but that does not mean city property is not being used by residents at this time. Mr. Karp asked Mr. Garing to flag the right of way for the residents of Clarence so that if they want to pave the street and put in curb, gutter and sidewalk they can have an idea of how much of their front yards are City property. Council Members further discussed curb, gutter and sidewalk for the street. On motion of Council Member Johnson, seconded by Council Member Moots, to deny the request by the School District to put in a teqxwary street. Council Member Millis asked questions about the costs of curb, gutter and sidewalk, and the necessity for having them. The motion was approved by the Council on the following roll call vote, to wit: AYES: Council Members Johnson, Moots and Millis and Mayor Mankins NOES: None ABSENT: Council Member Porter On motion of Council Member Johnson, seconded by Council Member Moots, to grant the revocable encroachment permit on Edmands Avenue to Lucia Mar Unified School District if the District arees to construct Clarence with at least 2/3 of a street including curb, gutter and sidewalk on the Dis rict frontage. The rrotion passed unanirrously. I. 1. SECOND READING OF ORD1NANCE AMENDING SIGN ORDINANCE Mr. Eisner read the title of the proposed Ordinance, and on motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. 352 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 4, ARTICLE 24, SECTION 9-4.2407, OF THE MUNICIPAL CODE REGULATING SIGNS IN THE CITY OF ARROYO GRANDE On motion of Council Member Moots, seconded by Council Member Johnson, and on the following roll call vote, to wit: AYES: Council Members Moots, Johnson and Millis and Mayor Mankins NOES: None ABSENT: Council Member Porter the foregoing Ordinance was passed and adopted this 13th day of January, 1987. I. 2. HOME FURNISHINGS REQUEST FOR OAK PARK ACRES Mr. Eisner referred to his memo of January 7, 1987, and said that Staff has received a request for an interpretation of Ordinance 140 C.S. that would permit a portion of Parcel 2, Oak Park Acres Subdivision, to be used for a furniture store and a floor, window, and wall covering store. He gave a history of the zoning for Parcel 2 since 1976. He said that this request requires interpretation by the City Council because a number of factors have changed since the adoption of the original Ordinance 140 C.S. and the subsequent amendments. He listed three options for the Council to consider. Council Members agreed that the intended use of this parcel was commercial and that the Staff should begin thinking about the impact on the City newly created traffic in the area will have. Council Member Millis also pointed out that the Parcel is in Planned Development zoning, and Highway Service is a sub-use. All three Council Members and Mayor Mankins said it is time to study traffic impact on the City of new commercial areas. ~--- / ~ / CITY COUNC I L JANUARY 13, 1987 ARROYO GRANDE, CALIFORNIA PAGE SIX 1. 2. HOME FURNISHINGS REQUEST FOR OAK PARK ACRES Continued On motion of Council Member Millis, seconded by Council Member Johnson, and unanimously carried, to adopt Staff's Option No.1, "Interpret that 'Home furnishings/improvement centers' are a highway related activity requiring the applicants to submit the necessary Use Permit application and architectural review under the provisions set forth in Ordinance 140 C.S. ADJOURNMENT TO CLOSED SESSION On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to adjourn to a Closed Session on litigation at 10:09 P.M. RECONVENEMENT AND ADJOURNMENT The Council reconvened and immediately adjourned at 11:15 P.M. MAYOR ATTEST: CITY CLERK