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Minutes 1986-03-11 - CITY COUNC I L MARCH 11, 1986 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor B'Ann Smith presiding. Upon roll call, Council Members Matt Gallagher, 00 race Johnson, Gene Moots and D. G. Porter were present. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Gallagher led the Pledge of Allegiance to our flag. Council Member Johnson delivered the invocation. ORAL COMMUNICATIONS None CONSENT AGENDA Mayor Smith withdrew Items 11 and 16 for discussion. On motion of Council Member Moots, seconded by Council Member Gallagher, and unanimously carried, to approve Consent Agenda Items 1 through 10 and 12 through 15. l Februaty 25, 1986 and February 26, 1986 Minutes (Recoomend Approval) 2. Demand Register (Recomnend Approval) 3. ''Tree City USA" Designation for Auoyo Grande (Information) 4. February, 1986 ,Departmental Report (Information) 5. March 4, 1986 Planning Conmission Answered Agenda (Information) 6. January 30, 1986 Animal Regulation Meeting Notes (Information) 7. January, 1986, Runabout Report (Information) 8. March 12, 1986 CX>UNClL SIUDY SESSION NOTICE (Information) 9. Proclamation Endorsing State Fire Training Facility Move to San Luis Obispo (Approve) 10. Proclamation - Knights of ColUlllbus (Approve) 12. Traffic Way Engineering Design (Information) 13. Soto Sports Restroom Progress Payment No. 1 (Recoumend Paymem) 14. Corporate Yard Addition Progreu Payment No. 1 (Reccmmend Payment) 15. Le Point Street Assessment District A ward of Bid (Reconmend Low Bid Award) ..--- Item No. 1l-League of California Cities' Legislative Bulletins City Manager Robert Mack referred to Bulletin No. 7-1986, Page 3, February 28, 1986. He told Council Members about a proposed Senate Bill 1833 (Seymour) which would allow for compensation to landowners whose property is "taken" by excessive 90vernment regulation. He said that the language of the bill is confusing and furthermore the bill may be in effect quite damaging in situations where the downzoning of the property is beneficial to the community at hand. He recommended that the Council oppose the bill and convey those sentiments to the state legislators. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to approve Mr. Mack's recommendation. ~ ~. CITY COUNCIL MARCH 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE TWO CONSENT AGENDA Continued Item No. 16-Transmittal of Tract 555, Unit 4, Grading Plan Mayor Smith said said that this item is of concern to the people who live on Rosewood Lane and that for the benefit of H. I. Kitman, who was in the audience, and the Council Members, asked Public Works Director Paul Karp to explain the Grading Plan. Mr. Karp pointed to the Grading Map for Unit 4 of Tract 555 on the wall. He said the tract is being graded in two sections, the green map area will drain toward Stagecoach Road, and the yellow map area will drain toward Huasna Road. He showed how the street is temporarily being drained with swales and a berm. He said that when the property is finally graded it will have two swales, one in the back of Mr. Kitman's area. He said a drop inlet culvert will be installed and that water from Mr. Kitman's property and other properties will be dropped underground to Huasna Road. MR. KITMAN of 135 Rosewood Lane said his property was flooded. Mr. Karp said that the developer, Ed Dorfman, had not gotten around to building a temporary pond. Mr. Kitman said he was afraid the hillside would wash down into the culvert and block it. He said this plan puts him at the bottom of a bowl. Mayor Smith said the City should make sure the concrete ditch does not become blocked. Mr. Karp said that he would meet with the developer and Mr. Kitman to see that the water in the Kitman yard is taken care of and that a satisfactory grading solution for Unit 4 is created. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to approve Consent Agenda Items 11 and 16. PUBLIC HEARINGS-APPLICATION FOR MINOR SUBDIVISION LOT LINE ADJUSTMENT) ON WEST BRANCH STREET, WITHIN RANCHO GRANDE DEV LOPMEN , IN PLANNED DEVELOPMENT ZONING DISTRICT, BY BOURDON AND BURKART, AGENT FOR OTTSE, INC., and PROPOSED AMENDMENT TO ORDINANCE NO. 186 C.S., APPLICABLE TO RANCHO GRANDE DEVELOPMENT, TO EFFECT INCREASE IN COMMERCIAL AREA AND MODIFICATION OF MASTER PLAN BY REALIGNING CAMINO MERCADO STREET, BY BOURDON AND BURKART, AGENT FOR OTTSE, INC. Planning Director Stan Eisner said this is a request for an amendment to the adopted Ordinance 186 C.S. because the properties affected adjust a parcel line on the adopted tentative parcel map. He said it is necessary to go through the procedure of both adopting a resolution following the public hearing on the modified tract map and also to go through the Ordinance amendment procedure for Ordinance 186 C.S., which is a zoning ordinance and requires the procedure of the government code. He said the process is one that would adjust the curved alignment of Camino Mercado and shift the alignment to the north. He said this would provide a new commercial area of 4 acres. He said the Staff Advisory Committee had reviewed the plan, but that there were only three of the four necessary affirmative votes on the Planning Commission, and it was being sent to the Council with no recommendation. After questions from the Council, the Mayor said the Notice of Public Hearing had been duly published and all requirements met for this public hearing and invited the public to address the Council. REUBEN KVIDT of Oak Park Acres said that the City needs commercial areas for tax revenue and this is a favorable move. He said that some months ago an applicant was denied the use of some land on the basis of traffic. He asked if now that four more units for the theater had been approved and the new commerical area is going in, would the same reason be used for denying his projects. - . '. CITY COUNCIL MARCH 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE THREE PU8LIC HEARINGS-RANCHO GRANDE Continued Council Member Moots said the realignment of the road is in the best interests of everyone, and the commercial area will be beneficial. Council Member Johnson asked that since four more acres have been included in the commerical zone, will the density across the proposed road be altered significantly? Mr. Eisner said that the Planning Commission felt that the estimated 7 or B additional houses did not constitute a significant number. Council Member Porter said that the Planned Development Zone allows 133 units. He said the City would be increasing the commercial area, reducing the residential area and getting the same number of houses and buildings. Council Member Gallagher said he had the sames concerns as Council Members Johnson and Porter but felt that they could be worked out later. He said he approved the moving of the road and resulting added commercial development. Mayor Smith said she approved of the moving of the road, and had no problem with the additional homes. Mr. Eisner read the title of the proposed resolution. On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried to dispense with further reading of the resolution. RESOLUTION NO. 1944 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP (LOT LINE ADJUSTMENT), FOR THE RANCHO GRANDE DEVELOPMENT, FILED BY OTTSE, INC. On motion of Council Member Gallagher, seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Mayor Smith and Council Members Gallagher, Johnson and Moots NOES: Council Member Porter ABSENT: None the foregoing resolution was passed and adopted this 11th day of March, 1986. Mr. Eisner read the title of the proposed Ordinance. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the proposed ordinance. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENOMENT TO ORDINANCE NO. 186 C.S., RANCHO GRANDE Mayor Smith said that constitutes the first reading of the ordinance. PUBLIC HEARING-APPEAL OF PLANNING COMMISSION'S DENIAL OF LOT SPLIT AT 720 BRANCH MILL ROAD, IN "A", AGRICULTURAL, ZONING DISTRICT, BY MILTON AND MARY HAYES Mr. Eisner said this item was an appeal of a Planning Commission action denying a lot split that would create two parcels, one of 19,290 IIq,~qO A As d square feet, and one of 65,404 square feet. He said the property is zoned f1\PYlclc:: '/ "A" Agricultural, with a minimum lot size of 1':; acres. He said ,that t~e E)/ Clty:COlJnCI Planning Commission felt that because of the terrain and potentlal dralnage 3/~5/Zh problems this lot split should be denied, and the vote was unanimous. He referred to a map of the parcel area on the wall. In answer to Council questions he said that the reasons the Planning Commission had given for denying the lot split were drainage and terrain, and the major focus of concern had to do with dividing the property in a manner that would encourage further development. Mayor Smith said the Notice of Public Hearing had been duly published - " CITY COUNCIL MARCH 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE FOUR PUBLIC HEARING - HAYES APPEAL CONTINUED and all requirements met for this pUblic hearing and invited the public to address the Council. Mr. Eisner read into the record a letter from TOM FOSTER of 540 Los Olivos who was against the lot split. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to receive the letter into the record. JIM MCGILLIS of San Luis Engineering, 133 Bridge Street said this is a one-way lot split and was submitted in keeping with the agriculture zoning. He said it is very difficult for a reasonable person to conclude that there could be environmental damage with all the conditions for approval placed on this. He said this only increases the overall density of the neighborhood by 3~ persons. He said the lot split does not interfere with easements owned by the public at large. JOHN LOWRY of 237 Milton Way gave what he called "a curious chronology" concerning grading and drainage permit and plan issued to Mr. Hayes. He said he hoped the Council would give careful consideration to the reasons the Planning Commission turned down the lot split request. MR. MCGILLIS said that the grading permit was issued September 21, 1984. Mr. Lowry said he went to San Luis Engineering to see the permit because he was told that there was no approved permit available at the City offices. Mr. Mack asked the applicant if the 3D-foot private access road (easement) across Parcel 1, which is on the property line on the southwest section of the site, would prohibit a means of egress and access to an adjacent parcel of property. Mr. Hayes answered "yes," for Parcel 1. Council Member Gallagher asked if this lot split inhibits City access to the City water tank? Mr. Karp no. Council Member Porter said that the grading map showed a southerly private road easement that could serve the two parcels. Mr. McGillis said the Hayes family would like to use that road. Mayor Smith called for others to speak; when no one came forward the public hearing was closed. Council Member Moots asked Mr. Karp to explain the grading problem. Mr. Karp said that it was his recollection that the Hayeses were given a permit to grub out an area for surveying purposes - not for grading. He said between the first grubbing permit and a subsequent one grading did occur in violation of the Grading Ordinance. He said a staff meeting was held to discuss resolution of the problem prior to a Nuisance Abatement Hearing. He said it was decided that a grading permit which required a design for road and drainage be prepared and a schedule made to resolve the violation. He said Mr. McGillis then began preparation of plans and timetables probably between September 21 and 28 of 1984. Mr. Karp said there were problems getting the plan implemented and that is why the City proceded with the Nuisance Abatement. He said Mr. Hayes eventually sealed off the area. He said there is a preexisting continuing ponding problem at the end of Los Olivos, and that some of this problem would be solved by the conditions put on the lot split. After other questions of staff, Council Members said they did not feel comfortable deciding the issue at this meeting. They said they would like to visit the property, and had concerns for the neighbors in the area. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to continue this item to the next Council meeting, with the understanding that the public hearing portion had already taken place. - '-. CITY COUNCIL MARCH 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE FIVE FIRE SPRINKLER MORATORIUM ORDINANCE City Attorney Art Shaw said this ordinance would extend the implementation date of Fire Sprinkler Ordinance No. 334 C.S. until July 26, 1986. Mr. Shaw read the title of the proposed ordinance. On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried to dispense with further reading of the ordinance. ORDINANCE NO. 341 C.S. AN URGENCY ORDINANCE OF THE CITY OF ARROYO GRANDE FURTHER STAYING IMPLEMENTATION OF ORDINANCE 334 C.S. RE FIRE SPRINKLERS On motion of Council Member Johnson, seconded by Council Member Moots, 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 forgoing Ordinance was passed and adopted by a four-fift~required vote the 11th day of March, 1986. ORDINANCE INCREASING COUNCIL SALARIES Mr. Shaw read the title of the proposed ordinance. On motion of Council Member Gallagher, seconded by Council Member Porter, and unanimously carried, to dispense with further reading of the ordinance. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING COMPENSATION FOR COUNCIL MEMBERS IN ACCORDANCE WITH STATE LAW (Can.if. Govt. Code \136516 (a) (1) and (d), 36516.5 and 36516.6 Mayor Smith said that constitutes the first reading of the proposed ordinance. REVERSION TO ACREAGE REPORT Mr. Eisner said he had met with Mr. Shaw on this item, but had run into some complications in writing law that comes within the bounds of the Subdivision Map Act of the State of California and language which we can comfortably incorporate into both our zoning and subdivision ordinance. He said he would like a few more weeks to work the problems out. RESOLUTION ADOPTING THE CIRCULATION ELEMENT. TO T~E GENERAL PLAN Mr. Eisner read the title of the proposed resolution. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the resolution. RESOLUTION NO. 1945 A RESOLUTION OF THE COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A CIRCULATION ELEMENT OF THE GENERAL PLAN On motion of Council Member Gallagher, seconded by Council Member Moots, and on the following roll call vote, to wit: ~ C!TY COUNC I L MARCH 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE SIX RESOLUTION ADOPTING THE CIRCULATION ELEMENT OF THE GENERAL PLAN Continued AYES: Mayor Smith and Council Members Gallagher, Johnson, Moots and Porter NOES: None ABSENT: None the foregoing Ordinance was passed and adopted the 11 day of March, 1986. Council Member Porter reminded staff to eliminate the dotted line on the map on Page 18 referring to a possible extension of Valley Road i to Grand Avenue by Bell Street. The Council instructed the staff not to release any of the documents until that line had been removed. CASS SHOPPING CENTER APPROVAL Mr. Karp referred to a map which reverts to acreage all of the parcels which lie on the northerly front of Grand Avenue between Halcyon Road and Rena Street. He said it provides some offers to dedicate for future widening of Halcyon Road, curb returns on Halcyon and Rena at Grand Avenue, widening of the right of way on Rena and street tree easement on Rena Street. He said the area is zoned Highway Service, and classed as general commercial in the Land Use Element of the General Plan. He recommended that the City Council find that Parcel Map AG 85-294 is consistent with the General Plan and City Zoning, and accept on behalf of the public the offers to dedication shown on the map for street tree easement and roadway widenin9, and approve Parcel Map AG 85-294. After Council discussion, on motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to approve Mr. Karp's recommendations. OAK PARK PROJECT STATUS REPORT Mr. Mack said he, Mayor Smith and Mr. Karp had met with representatives of Pismo Beach, Grover City, Caltrans and the Oak Park Improvement Committee March 5, 1986, to review the LeBlanc Plan for the intersection. He sa i d Caltrans did not have sufficient time to provide an in-depth analysis and cost estimates for the option, and another meeting will take place in Casa Grande Conference Room on April 4, 1986, when more precise information, including new cost estimates from Caltrans. He said the new plan will likely exceed past Caltrans plans in excess of $1 million. He said that Caltrans had reported that a time delay will be caused. He said the off-ramps at Mercado would be eliminated, and Mayor Smith said the new ramps are safer. Mr. Mack said that unless Caltrans can fund this project with current level of funding from the entities, it will not go through. Council Members said they thought the City should have its own plan for solving the traffic problem at Oak Park Boulevard and Highway 101. Mayor Smith invited all the Council Members to attend the next meeting. Mr. Mack pointed out that Caltrans can take a plan we all agree with or walk away from the project entirely. COUNCIL CHAMBERS BUILDING PARKING LOT Mr. Mack referred to his Council Chambers Building Parking Lot report of February 5, 1986. He said the Council has directed improvements to the City Council Chambers building which will make the building functional and usable for public meetings until such time as new City Council Chambers are constructed on South Bank. He said internal improvements are now underway in the structure. He said that behind the Chambers structure, small patio and grass area are approximately 14,763 square feet of undeveloped property. He said, if the Council desires, 20 parking spaces could be constructed by the City on the rear parcel of the site at an estimated - . CITY COUNCIL MARCH 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE SEVEN COUNCIL CHAMBERS BUILDING PARKING LOT Continued $16,000.00 development cost. He said that when and if the Council Chambers building were sold, the current building would require 15 parking spaces for commercial use, and the existence of 20 spaces would fulfill a buyers' requirement. He said the cost per parking space under this proposal is $800.00, exceptionally low because the City owns the property. He said the Council could either reject the plan, or approve it and direct inclusion of project in the City Manager's 1986/87 proposed budget for Council review and determination of funding priority as part of the 1986/87 budget review process. Council Member Gallagher said he would like to turn this proposal down until a Retail Master Parking Plan is approved. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to reject the proposal until a full and proper parkin9 plan comes forth. ADJOURNMENT AT 9:40 P.M. TO CLOSED SESSION-LITIGATION RECONVENEMENT FROM CLOSED SESSION AT 10:40 P.M. ACQUISITION OF CARPENTIER PROPERTY ON SOUTH BANK SITE Mr. Mack said that he had received a written offer from Hertha and Armand Carpentier to sell their property for $89,OOO.00. He said he had the authority from the Council to accept an offer of no more than $87,000.00, and requested the authority to make the offer of $89,000.00. On motion of Council Member Gallagher, seconded by Council Member Moots, and carried on the following roll call vote, to wit: AYES: Mayor Smith and Council Members Gallagher and Moots NOES: Council Members Johnson and Porter ABSENT: None the foregoing motion was passed on March 11, 1986. CASA GRANDE MOTEL AND MARIE CALLENDER'S RESTAURANT REQUEST FOR SIGN REHEARING Mr. Mack referred to a letter from Jerry Murdock, Permit Administrator of Comet Neon and Plastic Signs for a rehearing of a sign proposal previously rejected by the City Council. Mr. Mack said Mr. Murdock felt the applicants should be heard separately, due to their different signage needs, and that the rehearing should be held on the basis that the applicants were not notified of the Council Meeting when the matter was heard. Mr. Mack recommended that the Council reject the rehearing request. On motion of Council Member Gallagher, seconded by Council Member Johnson, to deny the request for a rehearin9 and advise the applicant to go back through the Planning Commission and City Council process if he has a new proposal. INTER-CITY BUS SERVICE REPORT Council Member Johnson reported on her attendance at the bus transportation meeting. She said that those attending the meeting were convinced that it would not be in the best interest of the public to open bus service between the South County and San Luis Obispo. STORM DAMAGE STATUS REPORT Mr. Mack reported that an Arctic storm with a large quantity of moisture was on its way. He reported on damage from the previous storm. WRITTEN COMMUNICATIONS None - CITY COUNCIL MARCH 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE EIGHT ORAL COMMUNICATIONS Mayor Smith asked about the West Branch Street construction, and Mr. Mack said work had been held up by the rains. Mayor Smith directed staff to keep a close watch on the number of parking spaces at the Festival Cinema and to see that more spaces were not taken by the new construction. Council Member Porter questioned staff about erosion taking place at Rancho Grande, and Mr. Mack said he would go out with Mr. Karp and make an inspection. Council Member Johnson gave an update on the remodeling of the Council Chambers. She showed a siding sample, and said within the next 10 days the windows would arrive. Council Member Gallagher asked Mr. Shaw about the property at 175 Tally Ho Road, where the City has requested the construction of curb, gutter and driveway. Mr. Shaw said he would have an answer for the Council at the next meeting. Council Member Gallagher asked about the progress of the signal light at the Payless Shopping Center, and urged the staff to work on this. Council Member Gallagher said the City's aerial maps are outdated, and Mr. Mack said he would get the costs of having new ones made. Council Member Gallagher asked for input on the proposed Pyropower/South County Sanitary District contract negiotations. Mayor Smith and Mr. Mack suggested a shorter time agreement be negiotated, and Mr. Mack suggested tying the price of the water to the price of oil. Council Member Porter said this is not connected with off-shore oil, but ;s a co-generation plant. Council Member Gallagher said that Supervisor Ruth Brackett is in Washington, D.C., talking about Lease Sale 91. He said she is making statements that might not represent the points of view of the citizens of Arroyo Grande. Mayor Smith said she is against all off-shore oil. Elaine Wahl and Carol Rober~ of the local newspapers asked the Council how it would be voting on increasing Council salaries. The Council declined to comment. ADJOURNMENT The meeting was adjourned at 11:06 P.M. to be reconvened at 1:00 P.M. March 12, 1986. MAYOR ATTEST: