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Minutes 1985-04-09 .- """ C!TY COUNC I l . APRil 9, 1985 ARROYO GRArmE, 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, Dorace Johnson, Gene Moots and D. G. Porter were present. PlEOGE OF AllEGIANCE AND INVOCATION Council Marnber Johnson lad the Pledge of Allegiance to our Flag. Reverend Kenneth Beene, landmark Missionary Baptist Church, delivered the Invocation. I I APPROVAL OF MINUTES I On motion of Council Member Johnson, seconded by Council Member Porter, and unanimously carried, to approve the Minutes of the Meetings of March 12, March 20, , and March 26, 1985, as submitted. , , APPROVAL OF CHECKS On motion of Council Member Johnson, seconded by Council Member Moots, and unani- mously carried, Demand Checks No. 25048 through 25174, and p809 through p815, in the total amount of $353,383.13; and Payroll Checks No. 30104 through 30292, in the total amount of $85,004.03, were approved for payment as submitted by Finance Director Bacon. RECOGNITION OF POLICE OFFICER JOHN AllEN Mayor Smith presented a plaque to Police Officer John Allen commending him on his dedicated service and being named Officer of the Year. RECOGNITION TO RECENTLY NATURALIZED CITIZENS OF THE U.S.A. Mayor Smith presented plaques of Congratulations to Eugenie B, Havandjian, Song Sik Min, Helen I I Nam Min,and Ruth Dewan Brockway. Plaques will be forwarded to Maria S. Freitas and Brian Bio, who were not present. ORAL COMMUNICATIONS SPENCE THOMAS, 141 James Way, expressed his displeasure with the pace of improvements on Tally Ho Road. He said it was dangerous to walk and equally as peri16us to drive along Tally Ho, and since he moved there in 1979 there has been little or no change. Mr. Karp said construction of curb, gutter and sidewalks (between lePoint and VialaBarranca) should be going to bid soon; and repaving of the road to a 28 ft. width. Mr. Thomas asked if there were any plans for resur- facing of the road beyond Via la Barranca to Route 227. Mr. Karp said the curbs and gutters must be installed prior to additional reconstruction and previous attempts to form an Assessment District to perform the work had been unsuccessful. MARIE CATTOIR, 195 Orchid lane, extended thanks to the Council and especially to Council Member Gallagher for the concern shown regarding Diablo Canyon. She also asked if Mr. Mack had met with her neighbors regarding right of way on Traffic Way. Mr. Mack responded that he had not met with them. CONSENT AGENDA Council Member Moots withdrew .Item 15, and Council Member Porter withdrew Items 17, 22 and 23 for discussion. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried to accept Consent Agenda Items No.9 through 25 (except those withdrawn) as recommended. PROC LAMA TlONS: RECOMMEND MA VOR SO PROCLAIM. 9. Public Schools' Week, April 22 - 26, 1985. 10. Deaf Awareness Month, May, 1985. 11. Building Safety Week, April 14 - 21, 1985. MINUTES AND ANSWERED AGENDAS: REVIEW AND FILE. 12. Planning Commission Answered Agenda of April 2, 1985. 13. Parking and Traffic Commission Minutes of March 25, 1985. 14. Safety Committee Minutes of February 21,1985. _. .,.- ,- "' , , CITY COUNC I L APRIL 9, 1985 I ARROYO GRANDE, CALIFORNIA PAGE TWO. I i , I REPORTS AND INFORMATIONAL MATTERS: RECOMMEND REVIEW; ACTION AS NOTED: AND/OR FILE. 15. Retail Sales Report. 16. Departmental Monthly Report for March, 1985. 17. Annual Joint Meeting of Council and Parks and Recreation Commission - Wednesday, May 8, 1985,6:00 P.M. - RECOMMEND CONFIRMATION. 18. Requested Explanation of Expenditure Items within March 22,1985 Register of Demands. 19. League of California Cities: -Legislative Bulletins Nos. 10 and II, 1985. -Mayors' and Council Members' Legislative Conference - ADVISE IF INTERESTED. REPORTS AND INFORMATIONAL MATTERS: (Continued) ] 20. Room Rental in R-l Residence. 21. Long-term Residential Occupancy of Motel Facility. CONSTRUCTION PA YMENTS: RECOMMEND APPROVAL. 22. Village Restrooms, Payment Request No.3. 23. Deep Well and Blending System, Phase IV, Payment Request No. 11. 24. Brisco Road, Payment Request No.2. 25. Fair Oaks Storm Drain, Phase II, Payment Request No.4. _.- 15. Retail Sales Report. Council Member Moots asked for a verbal summary of the Report. City Manager Robert Mack reiterated the highlights of the Report. 17. Annual Joint Meeting of Council and Parks & Recreation Commission. Counci I Member Porter encouraged Council to confirm the Joint Meeting, and Council Member Johnson said she would not be available on the tentative date for the meeting (May 8, 1985), and Mayor Smith said an alternate date would be found. 22. Village Restrooms, Payment Request No.3. Council Member Porter questioned the addition of a column of figures. Finance Director Oavid Bacon explained, and discovered that an updated copy had not reached the Counci 1 man. 23. Deep Well and Blending System, Phase IV, Payment Request No. 11. Council Member questioned the percentage of the work done on the Muni Well and Mr. Karp said there was still some paving and pipe work to be done. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to approve Consent Agenda Items 15, 17, 22 and 23 as recom- mended. RESOLUTION ADOPTION: ESTABLISHING NO PARKING 20NE AT 405 GRANO AVENUE Mr. Karp read the title of the Resolution. On motion of Councilwoman Johnson, I I seconded by Councilman Moots, and unanimously carried, to dispense with further i reading of the Resolution. RESOLUTION NO. 1846 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO PARKING" ZONE ON A PORTION OF GRAND AVENUE, 405 GRAND AVENUE (MUNICIPAL CODE 4-3.05) On motion of Councilwoman Johnson, seconded by Councilman Moots, and on the fa !Jowi n9 reI I ca)) vote, to wi t: AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith. NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 9th day of April 1985. ------..- '--..----'- '-'--"'- .- "'" . C ITY COUNC I L APRIL 9, 1985 ARROYO GRANDE, CALIFORNIA PAGE THREE. PROPOSEO INTERIM URGENCY ORDINANCE PROHIBITING ISSUANCE OF PERMITS OR APPROVALS FOR KITCHENETTE~TYPEMOTELS... City Attorney Art Shaw said the proposed ordinance would not be ready for adoption until the next Council meeting. so no action is required at this time. APPOINTMENT TO FIRE CHIEF VACANCY Mr. Mack submitted for confirmation the appointment of Douglas Hamp as Fire Chief for the City of Arroyo Grande. On motion of Councilwoman Johnson, seconded by Councilman Moots. and unanimously carried, to confirm the appointment of Fire Chief Douglas Hamp. Mayor Smith said the appointment would be effective on 29 April 1985, and introduced and welcomed Mr. Hamp and his wife, Pam. TENTATIVE TRACT 1186. PLANNING COMMISSION APPROVAL REVIEW (WHITELEY PROPERTY) Mr. Eisner said Merilee Peck requested approval of Tentative Tract Map 1186. creating six lots on land generally known as The Whiteley Property, and zoned R-l. He said the project has been reviewed by the Staff Advisory Committee and the Subdivision Review Committee, and is recommended for approval with the following findings: (1) the lots proposed meet' the minimum requirements of the General Plan and the Zoning Ordinance; (2) the tract map creates no negative environmental cir- cumstances. Mr. Eisner said the Staff Advisory Committee recommended that nine conditions be added to the Tentative Tract Map. The nine conditions were approved by the Planning Commission and another condition (Number 10) added. These conditions are outlined in Memos of April 2, 1985 and April 9, 1985 from the Planning Director. Council discussion followed and it was agreed that all trees on the bank should be protected during bank cleaning and a fence should be constructed at the bank edge for the safety of the public. Council directed Public Works Director to protect and preserve foliage during bank cleaning and not to waive fence requirements as stated in Resolution No. 1842. . PUBLI C HEAR I NG: PROPOSED MOD I F I CAT! ON OF BOUNDAR I ES OF ARROYO GRANDE "V I LLAGE" DESIGN OVERLAY.DISTRICT Mr. Eisner said the item originated with the Downtown Parking and Improvement Committee and sent to the Planning Commission for concurrence. He said the Down- town Merchants feel the image of the Village has an opportunity to be enhanced by hav- ing, the Village design standards included in the H-S zone along Traffic Way. He said the Downtown Parking Advisory Board, Staff Advisory Committee. and the Planning Commission all recommended approval of the proposed boundaries. He said the Planning Commission also adopted a Resolution of Intention to review the General Plan and the Zoning Ordinance for the property prior to the end of June. Mayor Smith said the Notice of Public Hearing had been duly published, and all legal requirements met and declared the hearing open. JIM McGILLIS, 136 Bridge Street, asked if his address was included in the Central Business District. Mayor Smith answered, "Yes". MARIE CATTOIR, 195 Orchid Lane. asked if the design overlay would include Traffic ~Iay, and asked what the dominant theme ~Iould be. and when the overlay would be finished. Mr. Eisner said it is in draft now and before printing it would go to the Planning Commission and then to the Council and should be submitted by June. JEAN BOWSER. 510 Woodland Drive. asked what about projects that are underway before June. Mr. Eisner said the Architectural Review Committee and the Planning Commission have been using what definitions they have for the Village as the basis of criteria (such as The Emporium, the shopping center). a western theme. JIM McGILLIS, 136 Bridge Street, asked the purpose of passing a Resolution now, if you don '. t know when the aes i gn over I ay wi II De reauy or adopted. He sa i d it could place some properties in a legal bind and he was speaking against that action. SPENCE THOMAS. 141 James Way, commended the City and the Counc I I for the i r efforts: however, if the Village Area is to be enhanced the bottom line should be traff i c control. He said something is needed to break up the flow of traffic and parking must be provided. JIM SILVA, 500 Ide Street, said as a merchant he is concerned about keeping the Village alive as a business district. ~,..'--- -' ~ C /TY COUNC IL APRIL 9, 1985 ARROYO GRANOE, CALIFORNIA PAGE FOUR. Mayor Smith called for others to speak, and when no one came forward, she declared the hearing closed. Council discussion followed, and Mr. Eisner read the title of the Resolution. On motion of Councilman Moots, seconded by Councilwoman Johnson, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1844 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE BOUNDARIES OF THE VILLAGE DISTRICT DESIGN REVIEW OVERLAY. On motion of touncilwoman Johnson, seconded by Councilman Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted on the 9th day of April 1985. PUBlI C HEAR I NG: VACATION AND ABANDONMENT DF PORTION OF EL CAMINO REAL AT BARNETT STREET, BY THE CITY (RUDYVElAND BEOAND BREAKFAST' AREA) Public Works Director Paul Karp said the Public Hearing was scheduled by the Resolution to discuss abandonment of a portion of right of way adjacent to the Bed and Breakfast Inn constructed. at 407 El Camino Real. Mayor Smith said the Notice of Public Hearing had been duly published and all legal requirements had been met and declared the hearing open. Nobody came forward. to address Council, and Mayor Smith declared the hearing closed. Mr. Karp read the title of the Resolution. On motion of Councilman Moots, seconded by Councilwoman Johnson, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE ABANDONMENT OF A SECTION OF EL CAMINO REAL (STREETS AND HIGHWAYS CODE SECTION 8323, ET 5EQ.) On motion of Council Member Johnson, seconded by CounciJ Member Moots, and on the fo 11 ow i ng ro 11 ca 11 vo te, to wit: AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the forcgoing Resolution was passed and adopted on the 9th day of April 1985. ACCEPTANCE OF PARCEL MAP AG 84-166 AND STREET TREE EASEMENT, LINDA DRIVE AND BENNETT AVENUE Mr. Karp posted Parcel Map AG 84-166, and explained the details of the easement. On motion of Council Member Moots, seconded by Council Member Johnson, and unani- mously carried, to approve Parcel Map AG 64-166 for Lot Split Case No. 84-399, and accept on behalf of the public the street tree easement. COUNCIL RECESSED FROM 9:05 P.M. TO 9:12 P.M. CIVIC CENTER REPORT Mr. Mack presented a detailed explanation of the Civic Center Report; copies were distributed to all interested parties. He said property at the South County Regional Center site is being addressed by the County before a decision can be made to make the site available to the City, and under what terms it could be offered. He said he does not anticipate an answer from the County for severa! months, and therefore the City should give attention to alterrlative sites as well. He said a potential site does exist in the Village of Arroyo Grande on the South Bank of Arroyo Grande Creek; an area bounded by the creek, Mason, Nelson and Short Streets. ---- .~ --- . - ~-'. CITY COUNCIL APRIL 9, 1985 ARROYO GRANDE, CALIFORNIA PAGE FIVE. Mr. Mack said the difference in development of a Civic Center will basically be the land'acquisition costs between the two sites. He said combining some of the recommendations by the Blue Ribbon Committee for financing the project gives the City the ultimate reduction in costs, expedites the development and el.iminates the tax increase measure. He explained the "lease-purchase" proposal, which is a practice where a private party pays for the design and development of a project and site, and is paid off by the City over an extended period of time as agreed. Mr. Mack recommended the City put down option purchase money with two of the property owners on the South Bank site; that option money not to exceed $17,700.00, and submit letters of interest to purchase the remaining two South Bank properties to their respective owners. He further recommended sending a formal letter to County Supervisors .restating the City's interests in the South County Regional Center site and restate our concerns that we need prompt action on our request. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to authorize the City Manager to enter into a six-month purchase option agreement on 2 of 4 properties on the South Bank not to exceed $17,700.00, and to forward the recommended letters, REPORT ON THE BRIDGE STREET BRIDGE Mr. Karp said the State Bridge Engineers phoned to recommend that the load limit on the Bridge Street bridge be reduced from five tons to three tons based on a continued degradation of the bridge resulting from a bent diagonal. He said the Engineers feel it is impractical to repai r the bridge. Mr. Karp said he had ordered the bridge posted for three ton limit, on an emergency basis for 90 days, after such time a public hearing will be required; a State Engineer will be present who will make permanent that load limit until the bridge is replaced at some future date. FIRST READING OF ORDINANCE AMENDING MUNICIPAL CODE PERTINENT TO CHANGING SIGN REGS. Planning Director Stan Eisner referred to the memo dated April 9, 1985, specifi- cally noting those items Mr. Reuben Kvidt asked to be included in the Ordinance. ; Council discussion followed clarifying various sign regulations. Mr. Eisner 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 proposed ordinance. ORDINANCE NO. C.5. AN ORDINANCE OF THE CITY OF ARROYO GRANDE APPEALING CERTAIN SECTIONS OF CHAPTER 4 OF THE MUNICIPAL COOE REGULATING SIGNS IN THE CITY OF ARROYO GRANDE, AND AMENDING CHAPTER 4, ARTICLE 24, SECTION 9-4.2407 REGULATING SIGNS IN THE CITY OF ARROYO GRANDE. Mayor Smith said that constitutes the first reading of the ordinance. FIRST READING OF ORDINANCE REQUIRING ARCHITECTURAL REVIEW COMMITTEE DECISIONS TO BE APPROVED BY PLANNING COMMISSION Mr. Eisner said this draft ordinance requested by Council is amending Chapter 4, and institutionalizing some procedures having to do with architectural review, specifically requiring that all actions be reported to the Planning Commission for final action. Mr. Eisner read the title of the draft ordinance. On motion of Counci I Member Moots, seconded by Counci I Member Johnson, and unanimously carried, to dispense with further reading of the ordinance. ORDINANCE NO. C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANOE REVISING CERTAIN SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE RELATING TO PROCEDURES FOR ARCHITECTURAL REVIEW. Mayor Smith said that constitutes the first reading of the ordinance. . .-------- ..~_..._.._------_._._- . - - , CITY COUNCIL APR I L 9, 1985 ARROYO GRANDE, CALIFORNIA PAGE SIX. PROPOSED ORDINANCE AMENDING ARROYO GRANDE MUNICIPAL CODE, TITLE 9, CHAPTER 4, SPECIFIC TO MINIMUM GARAGE AND CARPORT ENTRANCE STANDARDS Mr. Mack read the title of the proposed ordinance. On motion of Councilman Moots, seconded by Councilwoman Johnson, and unanimously carried, to dispense with further reading of the ordinance. ORDINANCE NO. C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CDDE CHAPTER 4, TITLE 9, TO PROVIDE FOR MINIMUM GARAGE. AND CARPORT ENTRANCE STANpARDS. Mayor Smith said that constitutes the first reading of the Ordinance. PROPOSED ORDINANCE AMENDING ARROYO GRANDE MUNICIPAL CODE, SPECIFIC TO LIMITING ONE DISABLED AUTO IN REAR YARD FOR REPAIR Mr. Mack explained the proposed amendments to the ordinance as Council reques ted in a study session. On motion of Councilman Moots, seconded by Councilman Porter, and unanimously carried, to dispense with further reading of the ordinance. ORDINANCE NO. C.5. AN ORDINANCE OF THE CITY OF ARROYO GRANDE PROHIBITING MORE THAN ONE WRECKED, DISMANTLED, INOPERATIVE OR --- DISABLED VEHICLE IN THE REAR YARD AND AMENDING SECTION 9-4.608(d) OF THE MUNICIPAL CODE. Mayor Smith said that constitutes the first reading of the Ordinance. APPOINTMENTS TO VARIOUS COMMISSIONS BY MAYOR B'ANN SMITH Mayor Smith nominated Mr. Richard Franks to serve on the Parking and Traffic Commission. On motion of Council Member Johnson, seconded by Council Member Porter, and unanimously carried, to confirm the appointment of Mr. Franks. Mayor Smith nominated Mr. Jack Hill, to fill the vacancy on the Parks and Recreation Commission vacated by Council Member Dorace Johnson. On mot ion of Council Member Johnson, seconded by Council Member Porter, and unanimously carried, to accept Mr. Jack Hill as a member of the Parks and Recreation Commission. Mayor Smith said the appointment to the Economic Opportunity Commission would be considered at the next Council meeting. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Council Member Moots questioned the unauthorized solicitation of businesses by people walking in off the street, who have no business license with them. Ci ty Attorney Shaw said they can be cited and fined if they have no business license but that he would look into the matter and report back at the next meeting. Council Member Johnson questioned setting a flag lot session and it was scheduled to be held on April 17, 1985, at 1:00 P.M. Council Member Gallagher asked that the session include discussion of densities of R-2, R-3 and R-G zones. Mayor Smith asked about going to bid on the Tally Ho Project. Mr. Jim McGillis said the bid could go out at any time as his firm WaS now finished with improvement plans ordered by the City. . On motion of Council Member Gallagher, seconded by Council Member Johnson and unanimously carried, to adjourn the meeting until Ap~i) 17, 1985, at 1:00 P.M. in Counci 1 Chambers. The meeting adjourned at 10:10 P.M. The Closed Session was cancelled. MAYOR ATTEST: DEPUTY CITY CLERK - - ~-~ -~-~- ._-..._~