Minutes 1985-02-26
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CITY COUNCIL FEBRUARY 26, 1985
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, Dorace Johnson, Gene Moots and D. G. Porter
were present.
PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Moots led the Pledge of Allegiance to our Flag. Counci I Member
Gallagher delivered the invocation.
APPROVAL OF MINUTES
On motion of Council Member Gallagher, seconded by Council Member Johnson, and
unanimously carried, to approve the Minutes of the Meeting of February 12, 1985, as
submitted.
APPROVAL OF CHECKS
On motion of Council Member Gallagher, seconded by Council Member Porter, and
unanimously carried, the Demand Checks No. 24712 through 24815, in the total amount
of $155,229.89; and Payroll Checks No. 29899 through 29995, in the total amount of
$86,475.83, were approved for payment as submitted by Finance Director David Bacon.
SUBMISSION OF BLUE RIBBON COMMITTEE REPORT
Howard Mankins, Chair, Blue Ribbon Committee, submitted two written reports on
space needs, conclusions and recommendations to the Council, for the acquisition of
a site and the construction of a new Civic Center for the City of Arroyo Grande.
On motion of Council Member Gallagher, seconded by Council Member Johnson, and
unanimously carried, to accept the Reports into the record.
PRESENTATIONS
Mayor Smith presented Certificates of Appreciation to the individual members
of the Blue Ribbon Committee.
Brush Poppers Riding CluD representative, Mr. Jay Conner, presented to the City
of Arroyo Grande a Certificate of Appreciation for the support and contributions over
the past twenty years to the Brush Poppers. To the City Council, Mr. Conner presented
a prestigious award from the California Gymkana Association.
Mayor Smith read the Resolution commending Council Member Matt Gallagher for
his dedicated service on the San Luis Obispo Area Coordinating Council as the
representative from Arroyo Grande.
ORAL COMMUNICATIONS
Jay Conner, P. G. & E., discussed the issue of the undergrounding project on
Traffic Way, and expressed his appreciation for the cooperation of City Staff on
the project.
CONSENT AGENDA
Council Member Moots withdrew Item #10-E from the Consent Agenda for discussion.
On motion of Council Member Porter, seconded by Council Member Johnson, and unani-
mously carried, to approve Consent Agenda Items 9 through ll-A (except Item #10-E),
including all subtitles, as recommended.
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9. MINUTES AND ANSWERED AGENDAS: REVIEW AND FILE.
A. Planning Commission Minutes/Answered Agenda of 2/19/85.
B. Parks and Recreation Commission Minutes of 1/9/85 and Notes of 2/13/85.
C. SCAT Minutes of 11/21/84.
D. Zone 3 Advisory Committee Notes of 1/17/85.
E. Blue Ribbon Committee Minutes of 2/18/85.
F. Central Coast Cities Safety Committee Minutes of 1/15/85.
10. REPORTS AND INFORMATIONAL MATTERS: REVIEW AND FILE.
A. League of California Cities' Legislative Bulletins, Nos. 4 and 5-1985.
B. League of California Cities' Transportation Financing Letter.
C. 1985/86 Budget Calendar.
D. Community Tree Program Status Report.
E. Village Boundary Status Report.
11. CONSTRUCTION PA YMENTS: AUTHORIZE PA YMENT.
A. Fair Oaks Storm Drain, Phase 2, Progress Payment No.3.
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CITY COUNCIL FEBRUARY 26, 1985
ARROYO GRANDE, CALIFORNIA PAGE TWO.
10-E. Village Boundary Status Report REVIEW AND FILE.
Council Member Moots asked the status. Mr. Mack said the boundary lines were
recommended by the Planning Commission in a public hearing to be advertised for a
City Council meeting to receive public input. Mr. Eisner said the public hearing
would be set for April 9, 1985.
On motion of Council Member Moots, seconded by Council Member Gallagher, and
unanimously carried, Consent Agenda Item #10-E was approved as recommended.
RIGHT OF WAY AND CONSTRUCTION AGREEMENTS: 875 AND 885 FAIR OAKS AVENUE
Public Works Director Paul Karp updated the Council on additional easement behind
the properties on Fair Oaks Avenue, and explained the details on a recorded Tract Map.
Several photographs of the area were presented to Council, and discussion followed.
On motion of Council Member Johnson, seconded by Council Member Gallagher, and unani-
mously carried, the Council elected to reject the offer presented, as recommended by
Mr. Karp in his memo of 2/5/85, and authorize Staff to proceed with preliminary
procedures to acquire rights of way at the addresses by Eminent Domain.
PUBLI C HEAR I NG: APPEAL OF PLANNING COMMISSION'S DENIAL OF ARCHITECTURAL REVIEW CASE
NO. 84-319, RE:PROPOSED.21UNIT.MOTEL,BETWEENALDER&.HALCYONNEARGRANO (RYZNER)
Planning Oirector Stan Eisner cited a Section of the Municipal Code dictating
the process of Architectural Review through 9-4.2701. He said the project is for a
21 unit motel in the H-S Zone, and indicated the location on .a posted map and the
access routes planned to reach the motel. He said the motel is proposed to be a
two-storied structure with kitchenettes in each unit. Applicant presented permanent,
irrevocable easement across properties for access to motel. During Council discussion
that followed, Council Member Gallagher suggested the amendment of the H-S Section
of the existing Zoning Ordinance.
Mayor Smith said the Notice of Public Hearing had been duly published and all
legal requirements met and declared the hearing open.
STEVE COOL, Attorney representing ALAN RYZNER, who made the appeal to the Council,
said motels are a permitted use in the H-S Zone, and the only permit Mr. Ryzner was
required to get was architectural approval (other than usual building and safety
permits) and he is legally entitled to build a motel on the property. He said the
four serious problems were: (1) this project should not have gone to the Planning
Commission and cited Section 2702 of the Ordinance; (2) the Planning Commission did
not take any action to affirm or reverse the Architectural Review Committee decision;
(3) the Planning Commission failed to make findings of fact in support of a decision;
(4) the basic guidelines of the Zoning Ordinance sets out for architectural review,
is that the general appearance of buildings, structures and grounds shall be in
keeping with the character of the neighborhood and such is not to be detrimental to
the orderly and harmonious development of the City. He further stated he thought
the only choice the Council had was to go ahead and approve Mr. Ryzner's project
subject to the seven conditions suggested, which he is willing to comply with.
Mayor Smith called for others to speak, and declared the hearing closed.
Council discussion followed and Council agreed to have the City Attorney look
into the ingress/egress to the property, the easements, modifications to Highway
Service District, and how close the motel site is to the R-l Zone behind it. On
motion of Council Member Gallagher, seconded by Council Member Porter, and unani-
mously carried, to continue the item until the next Council meeting March 12, 1985.
PUBLI C HEAR I NG: PROPOSED MINOR SUBDIVISION WITHIN WILDWOOD RANCH (CHUCK TEMPUS)
Mr. Eisner said this was a minor Lot Line adjustment to accomplish a change
in architecture. He said the requested addition of a small area to the house would
cross the property line, therefore, the request for a five foot lot line adjustment.
Mayor Smith said the Notice of Public Hearing had been d~ly published and all
legal requirements met, and declared the hearing open.
BOB RICHMOND, Richmond, Rossi Montgomery Architect, said he would answer any
questions regarding the Wildwood property.
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CITY COUNCIL FEBRUARY 26, 1985
ARROYO GRANDE, CALIFORNIA PAGE THREE.
Mayor Smith called for others to speak, and declared the hearing closed.
On motion of Council Member Gallagher, seconded by Council Member Porter, and
unanimously carried, to approve the lot line adjustment on property at 883 and 887
Tempus Circle, Lot 12 and 13, Tract 741, Wildwood Ranch.
PUBLI C HEAR I NG: PROPDSED ADOPTION OF ORDINANCE MODIFYING MUNICIPAL CODE
RE: WATER.AND.SEWER CONNECTIONS
Mr. Karp said a revision of the water and sewer codes were proposed, and a
draft copy of the proposed changes had been forwarded to Council.
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, said he had a copy of the Ordinance but had
not had adequate time to study it and requested another two weeks to study it.
On motion of Council Member Moots, seconded by Council Member Porter, and
unanimously carried, to continue the Public Hearing until the next Council meeting.
VEHICLE ANO GENERAL STORAGE WITHIN R-l RESIDENTIAL ZONE SETBACKS AND YARDS
Council Member Gallagher said he thought the Municipal Code should be modified
to take care of satellite TV dishes, RVs, boats and general storage, and the requi red
setbacks and yards.
Mr. Mack said Planning Director Eisner is presently drafting a satellite
Ordinance to be submitted to the Planning Commission for Public Hearing and for
recommendations to the Council. He explained what is permitted by the current
Municipal Code.
Mayor Smith asked that the item be put on a future agenda.
REQUEST TD HOLD B-B-Qs WITH FARMERS' MARKET, CITY HALL AREA
JIM SILVA, 500 Ide Street, representing Village Association, said he was aware
of Mr. Mack's letter to Dr. Bob Folkerson. Mr. Mack explained that the Village
Association had requested hosting an Easter Parade in the Village and to have BBQs
in conjunction with the Farmers' Market held on Wednesday evenings behind City Hall.
Mr. Mack said, if approved by Council, the Parade should be coordinated through the
Police Department; and the BBQs should be coordinated through the Parks & Recreation
Department to make reservations for the Gazebo Area and for the clean up of the
area after the BBQs.
On motion of Council Member Gallagher, seconded by Mayor Smith for discussion,
to approve the request of the Village Association. Council Member Johnson expressed
concern with the traffic on the grassy areas week after week, and the responsibility
for the clean up of the area to avoid overburdening Parks & Recreation Department
with the maintenance. Mayor Smith called for a vote on the motion, and it carried
unanimously.
WALNUT VIEW LOT SPLIT REVIEW
Mr. Eisner said Council had asked that Staff report on subdivisions and lot
split activitiey at the Planning Commission within the ten day appeal period. He
said the Planning Commission heard a request for a lot split into four parcels of a
16 acre piece known as Walnut View Estates. He pointed out the boundaries of the
property on a posted map, said the Planning Commission approved the request subject
to conditions which are outlined in memo of 2/21/85, and approved by the Planning
Commission at their meeting of February 19, 1985.
Following Council discussion, a motion was made by Council Member Porter,
seconded by Council Member Johnson to Appeal the Lot Split Case No. 85-408, Walnut
View Estates for further discussion, and the motion carried unanimously.
Council Member Gallagher suggested Council hold a Study Session, along with
City Attorney Shaw; and it was scheduled for Wednesday, March 6, 1985, at 1:00 P.M.
in Council Chambers.
CROSS STREET RIGHT OF WAY DEDICATION ACCEPTANCE
Mr. Karp said he recommended Council accept the right of way, which was dedicated
in 1977, in order to accommodate the construction required as a condition to an
adjacent tract called Hunters Haven.
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CITY COUNCIL FEBRUARY 26, 1985
ARROYO GRANDE, CALIFORNIA PAGE FOUR.
Council discussion followed, and Mr. Karp made detailed explanations of the
proposed project with the aid of posted maps. On motion of Council Member Moots,
seconded by Council Member Gallagher, and unanimously carried, to authorize City
Manager Mack to meet with the property owners and the developer to negotiate for a
street plan acceptable to property owners on the East frontage of Cross Street and
the developer of the property on the West frontage, and would result in construction
of the full width of the street including curb and gutter on the East frontage.
Mr. Mack wi II report to Council at the next meeting.
STREET DEDICATION AND AUTHORIZATION TO ABANDON EXCESS STREET RIGHT OF WAY (VELANO)
Mr. Karp said he was asking Council for two actions: (I) to accept the offer
to dedicate and (2) to authorize Mr. Karp to start the lengthy proceedings to
abandon the balance of the right of way at 407 EI Camino Real (the new Bed and
Breakfast Inn near Barnett Street).
On motion of Council Member Porter, seconded by Council Member Johnson, and
unanimously carried, to accept the irrevocable and perpetual offer to dedicate from
Rudy Veland and authorize commencement of proceedings to abandon excess right of way
on EI Camino Real.
ACCEPTANCE OF IMPROVEMENTS, TRACT 954, VILLA LOS BERROS (DORFMAN AND GARING)
Mr. Karp said the improvements constructed for Tract 954 (AKA Garing Farms) on
the south side of the City, easterly frontage of Valley Road, the triangle between
the Los Berros Channel and the Tiger Tail/City Park area, has met the conditions of
approval and he recommended Council accept on behalf of the public, the public
improvements constructed with the subdivision and authorize the release of bonding
subject to providing the customary maintenance bond.
On motion of Council Member Gallagher, seconded by Council Member Johnson, and
unanimously carried, to accept for maintenance the public improvements constructed
for Tract 954, and authorize release of the bonding for the subdivision.
AWARD OF BID: DEEP WELL MOBilE STANDBY POWER UNIT
Mr. Karp said two bids were received to provide a generator with a diesel engine,
to run the deep weJI with the State bond proceeds. He said the lower bid did not
meet the requirements of the bid documents and recommended award of the contract to
Quinn Company in the amount of $34,768.00, to provide a mobile, standby power unit
for the new Municipal Well and Blending System.
On motion of Council Member Gallagher, seconded by Council Member Johnson and
unanimously carried, ~he contract was awarded to Quinn Co. as recommended by Staff.
APPOINTMENTS
Mayor Smith said the appointments scheduled to be made this date were being
postponed.
WRITTEN COMMUNICATIONS
None
ORAL COMMUNICATIONS
Council Member Gallagher asked for an update on Cal Trans Study on East Branch
Street. Mr. Mack said CalTrans has to go through the whole process to the California
Transportation Commission, and those meetings are scheduled for April or May, so no
final answer will be received until after the meetings. Mr. Mack said the traffic
signals at Mason Street are still being discussed with CalTrans, asking them to
come up with some technique they can use to allow Arroyo Grande to fund the signals
in exchange for credit on some future project.
ADJOURNMENT
Mayor Smith adjourned to Closed Session at 10:18 P.M.
RECONVENEMENT AND ADJOURNMENT
Coundil reconvened to Regular Session at 10:38 P.M. On motion of Council Member
Moots, seconded by Council Member Johnson, and unanimously carried, to adjourn to
Study Session with the Chamber of Commerce, on February 27, at 12:00 Noon, to be held
at Arroyo Grande Supper Club. Council adjourned at 10:40 P.M.
Amsy,~~ 13'~AUHJ~
MAYOR
DE Y CITY CLER