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Minutes 1984-08-28 C~ .:) CITY COUNCIL AUGUST 28, 1984 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in regular session with Mayor B'Ann Smith presiding. Upon roll call Councilmen Matt Gallagher, Karl Hogan, and Mark Millis were present, Councilman Lawrence Vandeveer was absent. PLEDGE OF ALLEGIANCE AND INVOCATION Councilman Gallagher led the Pledge of Allegiance to our Flag. Counci Iman Millis delivered the invocation. APPROVAL OF MINUTES On motion of Councilman Gallagher, seconded by Councilman Hogan, and unanimously carried, the Minutes for the Meetings of August 14, 1984, and August 23, 1984, were approved as submitted. APPROVAL OF CHECKS On motion of Councilman Hogan, seconded by Councilman Millis, and unani- mously carried, Demand Checks No. 23168 through 23373 in the total amount of $128,761.91; and Payroll Checks No. 28435 through 28529 in the total amount of $72,636.26, were approved for payment as submitted. ORAL COMMUNICATIONS MARIE CATTOIR, 195 Orchid Lane, said a field hearing is scheduled for Thursday, August 30, 1984, for testimony and questioning of witness panels from various parties, before the Subcommittee on Energy and the Environment, regarding the Diablo Canyon Nuclear Power Plant. Following the testimony, the Subcommittee will open the hearing for comments from the public. Mrs. Cattoir said she hoped the City of Arroyo Grande would send a representative. Councilman Gallagher said he would plan to attend the hearing. CONSENT AGENDA Councilman Millis requested withdrawal of Item 8-D from the Consent Agenda for discussion; Councilman Hogan withdrew Item 9-D and Councilman Gallagher withdrew Item 10-B. On motion of Councilman Gallagher, seconded by Councilman Hogan, and unanimously carried, Consent Agenda Items #8 through 11, including all subtitles, with the exception of Items #8-D, 9-D and 10-B, were approved as recommended. 8. Minutes and/or Answered Agendas: REVIEW AND FILE. A. Planning Commission Answered Agenda for Meeting of 8/21/84. B. Notes of Parks and Recreation Commission Meeting of 8/8/84. C. Blue Ribbon Committee Minutes of 8/20/84. D. Notes of Zone Three Advisory Committee Meeting of 7/19/84. 9. Reports: INFORMATIONAL ONL Y. A. League of California Cities Legislat,ive B~lIetin Nos.. 28 and 29-1984. B. 1984 Arroyo Grande Olympic Day Financial Accounting. C. Traffic Safety Study Grant Application. D. Annexation and Development Fees' Study. 10. Call for Bids: RECOMMEND APPROVAL. A. Soto Sports Park Complex and Storm Water Storage - Phase I. B. Brisco Road Improvements. C. Fair Oaks Storm Drainage - Phase II. 11. Award of Bids: RECOMMEND APPROVAL. A. Parks and Recreation Utility Truck. B. Police Dept. - New Carpet and Flooring. 8-D. Notes of Zone Three Advisory Committee Meeting of 7/19/84. Councilman Millis said he was bringing before Council a Zone Three issue that he feels Council should take action on. He said he received from t~e County Engineer's Office an item that will go before the Board of Supervisors regarding action on surplus water asking that the Board declare the same ~mount of surplus water this year as they did last year (1200 acre feet).. He said Arroyo Grande is entitled to half of that surplus water, and the ~Ity must declare their intention to purchase any surplus water for the coming year, by October 1, 1984. He said he felt it should be monitored very closely. ------- ---~--------- .-.__..~- -- (- ') CITY COUNCIL AUGUST 28, 1984 ARROYO GRANDE, CALIFORNIA PAGE TWO. City Manager Mack said the County figures on surplus water used by Arroyo Grande had been challenged, and that is under study by County and City representa- tives. He said he would reply to the County Engineer's correspondence before October " 1984. ~- 2.-2- 9-D. Annexation and Development Fees Study. Councilman Hogan said he felt the public did not receive the benefit of their taxes; too many fees are piled on top of normal fees. Following Council discussion, Mayor Smith asked that the item be considered in a study session, and have input from Staff as to whether enough money is being paid in Annexation and Development Fees to cover the many and various services being provided by the City. Mayor Smith said the Study Session would be scheduled in the near future. 10-B. Brisco Road Improvements. Councilman Gallagher asked the status of the Brisco Road improvements. Mr. Mack said all the rights of way had not been obtained, but the project is moving along toward bid, and the property owner, who has not granted right of way, will hopefully exchange the right of way fcirsidewalks and concrete improvements. He said the bids should be submitted within the next 45 days. Council discussed the i need for sidewalks and stop signs to accommodate the two schools and the library traffic. Mayor Smith directed Staff to put the item on the Parking & Traffic Commission's I Agenda for their next meeting. I On motion of Councilman Gallagher, seconded by Councilman Hogan, and unani- mously carried, to approve Consent Agenda Items #8-0, 9-D and 10-B, as recommended. CONTINUED PUBLIC HEARING: USE PERMIT APPLICATION FOR MASTER SIGNING PLAN FOR I CASA GRANDE MOTOR INN/MARIE CALLENOER'S RESTAURANT (CIN SIGNS & GRAPHICS) Planning Director Stan Eisner said the request was for a combined sign for both businesses and a request to relocate the signs to a point approximately 40 ft. from the intersection of West Branch and Oak Park Road, to make the sign more visible to the southbound traffic on Highway 101. He said the applicants proposed locating an 8 ft. high monument style reader board at the site of the existing sign. Mayor Smith said this is a continued public hearing and invited comments from any interested party, either for or against the matter. CARLOS MOERMAN, 1390 Walter Street, San Luis Obispo, representative of C/N Signs, said he felt the proposed sign and location would eliminate sign clutter; and introduced Lee Webb, owner of Casa Grande. LEE WEBB,850 Oak Park Boulevard, said the former height limit for signs was 50 ft. but during construction period of the motel, the ordinance was changed to limit the height of signs to 35 ft. which left the motel with no visibility from Highway 101 southbound traffic. He said, therefore, a request to raise the sign was made. He said they have permission from Oak Park Acres to create an easement to relocate the sign. No one else spoke, and Mayor Smith declared the public portion of the hearing closed. Councilman Millis said he was in favor of the combined sign on one post, and felt the 30 ft. height limit should be enforced. He said he had no objection to relocating of the sign. Councilman Gallagher concurred. Councilman Hogan agreed with having two signs on one standard; but felt the height limit of 38 ft. should be allowed. Mayor Smith said she had no objection to moving the sign and agreed with the proposal of having two ~gns on one post. ------- ------._-~-~- _....~ (h ') CITY COUNCIL AUGUST 28, 1984 ARROYO GRANDE, CALIFORNIA PAGE THREE. Mr. Eisner read the title of a Resolution. On motion of Councilman Gallagher, seconded by Councilman Millis, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1792 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE GRANTING A USE PERMIT, CASE NO. 84-378, APPLIED FOR BY CIN SIGNS AND GRAPHICS, FOR A SIGNING PLAN FORCASA GRANDE MOTOR INN AND MARIE CALLENDER'S RESTAURANT IN THE PLANNED DEVELOPMENT DISTRICT, WEST BRANCH STREET AND OAK PARK BOULEVARD. On motion of Councilman Gallagher, seconded by Councilman Millis, and on the fol1owing roll call vote, to wit: AYES: Councilmen Gallagher, Hogan and Mayor Smith NOES: Councilman Millis " ABSENT: Councilman Vandeveer the foregoing Resolution was passed and adopted on the 28th day of August 1984. Council discussion followed, and on motion of Councilman Millis, seconded by Councilman Hogan, to table the item until the next Council meeting. The vote to table failed on a vote of 2-2. Councilman Millis asked for a report at the next Council Meeting on the height limit of signs, the tallest signs within the City, and the zones they are in. He said he felt signs should be consistent in all the zones. PUBLIC HEARINGS: . REVISED TENTATIVE SUBDIVISION MAP, TRACT NO. 1132; AMENDMENT TO ORDINANCE NO. 186 C.S., EXHIBIT "A"; APPLICATION FOR MINOR SUBDIVISION (LOT LINE ADJUSTMENT) (RANCHO GRANDE - WEST BRANCH STREET BETWEEN OAK PARK ACRES & BRISCO ROAD). Mr. Eisner recommended the public hearings be opened on both Items 13 and 14 on the Agneda, and he would make one presentation on three separate actions. Mr. Eisner made the presentation from a posted map, and said the three items were technical modifications to documents that were already in effect in the City of Arroyo Grande. He said the first is a modification of the tentative tract map and one of the conditions of approval on the Rancho Grande project was the conclusion of an agreement with the Southern California Gas Company for an alignment for their high pressure ga~line through the project. In order to comply, a revision of the Tract Map is necessary to reorganize the lots. He said the lot sizes are the same and the number of lots the same (134), and the density has not changed. Mr. Eisner said the second aspect is an adjustment of the street right of way dividing the residential and commercial portions of the property. He said the lot line adjustment is necessary so that the survey right of way of the two streets are al igned. Mr. Eisner said the third part of the discussion is to modify the Ordinance No. 186 C.5., by replacing the map marked Exhibit "A" to incorporate the changes if Council approves the revised Tentative Tract Map, and the Minor Lot Line Adjustment. He said the applicants have requested, the City Engineer has concurred, and the Planning Commission has recommended to Council a minor change in one of the conditions that is a part of the Agreement, which is on page four of the Planning Commission Resolution and which reads: "The developer is to construct James Way between Rancho Parkway and the existing development to the following sections: Full width, grading and minimum drainage; pavement 24 ft. on center of 2" asphaltic concrete over an approved 6" base; minimum utilities necessary to serve the tract with water and sewer are not required (these are to be installed by adjacent property developer - Oak Knolls); curb, gutter and sidewalks on James Way adjacent to Lots 3D, 31 and 32." Mayor Smith said the notice of public hearings has been duly published and all requirements governing hearings have been met and declared the hearings open. -, ---------- ------ r"' ') CITY COUNCIL AUGUST 28, 1984 ARROYO GRANDE, CALIFORNIA PAGE FOUR. JIM GARING, of Garing Taylor & Associates, and engineer for Rancho Grande, said he and PETE MILLER were present to answer any questions. Mayor Smith invited others to speak; and declared the public portion of the hearings closed. Council discussion raised no objections and Mr. Eisner said there were two Resolutions and the first reading of the Ordinance necessary to approve. Mr. Eisner read the title of the first Resolution. On motion of Councilman Gallagher, seconded by Councilman Hogan and unanimously carried, to dispense with further reading of the Resolution. RESOLUTIDN NO. 1793 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A REVISED TENTATIVE TRACT MAP NO. 1132, FILED BY BOURDON & BURKART, AGENTS FOR OTTSE, INC., SUBJECT TO CERTAIN CONDITIONS. On motion of Councilman Hogan, seconded by Councilman Gallagher, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Hogan, Millis and Mayor Smith NOES: None ABSENT: Councilman Vandeveer the foregoing Resolution was passed and adopted the 28th day of August 1984. Mr. Eisner read the title of the Resolution. On motion of Councilman Gallagher, seconded by Councilman Hogan, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1794 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A MINOR LOT LINE ADJUSTMENT ON RANCHO GRANDE, AKA PARCEL MAP A.G.A.L. 83-013. OTTSE, INC. APPLICANT. On motion of Councilman Gallagher, seconded by Councilman Hogan, and on the following roll cal I vote, to wit: AYES: Councilmen Gallagher, Hogan, Millis and Mayor Smith , I NOES: None I ABSENT: Councilman Vandeveer II the foregoing Resolution was passed and adopted the 28th day of August 1984. Mr. Eisner read the title of the proposed Ordinance Amendment. He said this Ordinance changes the one condition and the attachment of revised Exhibit itA". On motion of Councilman Hogan, seconded by Councilman Gallagher, 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 GRANDE APPROVING. AN AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF ARROYO GRANDE AS PROVIOED BY CHAPTER 4 ZONING, ARTICLE 32 OF SAID CODE, REZONING APPROXIMATELY 4&4 ACRES OF LAND LOCATED ON THE NORTHERLY SIDE OF U.S. HIGHWAY 101, AND LOCATED APPROXIMATELY 450 FEET DUE EAST OF OAK PARK BOULEVARD AND INTERSTATE HIGHWAY 101 FROM "A" AGR I CULTURAL D I STR I CT TO "P-D" PLANNED DEVELOPMENT DISTRICT, AND APPROVING A DEVELOPMENT PLAN FOR APPROXIMATELY 354 SINGLE FAMILY DWELLING UNITS, 40 CLUSTERED SINGLE FAMILY DWELLING UNITS, AND 40 ACRES OF COMMERCIAL AREA, AND DESIGNATING THE UNPLANNED "P-D" AREA NOT TO EXCEED 133 UNITS AS PER CONDITIONS OUTLINED IN THIS ORDINANCE. ----_.~-_.-.--._- r' ') CITY COUNCIL AUGUST 28, 1984 ARROYO GRANDE, CALIFORNIA PAGE FIVE. Mayor Smith said that constitutes the first reading of the Ordinance. Councilman Millis requested that the Minutes reflect, if the Ordinance is adopted by Council, that the number of dwelling units are not being changed in any way and that Council is only changing the provision mentioned by Mr. Eisner. City Attorney Shaw said the Ordinance would contain all the information requested. COUNCIL RECESSED AT 8:50 P.M. FOR TEN MINUTES. PUBLIC PRESENTATION ON CASA GRANDE MOTEL ACCESS CONDEMNATION (MR. LEE WEBB). City Manager Mack said correspondence dated August 23, 1984, had been received by the City from Mr. Webb and reviewed by the City Attorney Art Shaw. Mr. Shaw said he read the memo from Mr. Webb that raised some questions, and that a letter had just been received from Attorney Michael Krout, representing the opposing interests. He said both Attorney Krout and the attorney for Mr. Webb were present and could give Council a short presentation of what their thoughts are. He said they are raising the legal issue over the opening of the Motel with the second access road. I LEE O. WEBB, Casa Grande Motel Owner; JIM HAND with the law firm of Burke Smith Helenium and Hayes in San Luis Obispo, representing Mr. Webb; and MICHAEL KROUT, attorney for Drs. Manning, Jenkins and Hunt; each addressed the Council. Council discussion followed and on motion of Councilman Millis, seconded by Councilman Hogan, and unanimously carried, the item was referred to the City Attorney to review and report back to Council at the next meeting. TRACT 1009, MOUNTAIN VIEW CONDOMINIUM SUBDIVISION MAP (MR. HSU/ADR CORP.) Mr. Mack said the Tract Map for the condominiums constructed on Huasna Road shows 40 ft. of right of way that has been improved and dedicated to the City as well as 6 ft. easements for necessary water and sewer lines; and the developer has provided a cash bond for work to be completed. Mr. Mack said the Staff memo dated August 22, 1984, lists the six conditions recommended to Council. On motion of Councilman Hogan, seconded by Councilman Millis, for final acceptance and approval of Tract 1009, Mountain View, with the six conditions recommended. On the following roll call vote, to wit: AYES: Councilmen Gallagher, Hogan, Millis and Mayor Smith NOES: None ABSENT: Councilman Vandeveer Tract 1009 Subdivision Map was approved and accepted on the 28th day of August 1964. RESOLUTION ADOPTION: 1984/1985 TRANSPORTATION CLAIM Mr. Mack said that each year the Staff comes before the Council requesting the adoption of two Resolutions to enable the City to receive its share of local transportation funds and State transit funds, as outlined in Mr. Karp's memo of August 22, 1984. Mr. Mack read the title of the first Resolution. On motion of Councilman Gallagher, seconded by Councilman Hogan, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1795 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE 1984/85 ANNUAL TRANSPORTATION CLAIM AND AUTHORIZING ITS SUBMITTAL TO THE SAN LUIS OBISPO COUNTY AREA COUNCIL OF GOVERNMENTS. On motion of Councilman Hogan, seconded by Councilman Gallagher, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Hogan, Millis and Mayor Smith NOES: None ABSENT: Councilman Vandeveer the foregoing Resolution was passed and adopted the 28th day of August 1984. -..----- -- ._._-_._-_..~._._---- -~-,----- ,-, ) . f - C (TY COUNC I L AUGUST 28, 1984 ARRO~O GRANDE, CALIFORNIA PAGE SIX. RESOLUTION ADOPTION: 1984/85 STATE TRANSIT ASSISTANCE CLAIM Mr. Mack read the title of the Resolution. On motion of Councilman Gallagher, seconded by Councilman Hogan, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTI ON NO. 1796 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE 1984/1985 ANNUAL TRANSPORTATION CLAIM FOR STATE TRANSIT ASSISTANCE FUNDS AND AUTHORIZING ITS SUBMITTAL TO THE SAN LUIS OBISPO AREA COUNCIL OF GOVERNMENTS On motion of Councilman Gallagher, seconded by Councilman Hogan and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Hogan, Millis and Mayor Smith NOES: None ABSENT: Councilman Vandeveer the foregoing Resolution was passed and adopted the 28th day of August 1984. WAGE INCREASE AND RECOGNITION OF JOHN RICHARDSON, CHIEF BUILDING INSPECTOR Mr. Mack said the propose:d resolution would provide a permanent 5% increase in wages for Mr. Richardson and would specifically apply only to him and not to the position. Mr. Mack read the title of the Resolution. On motion of Councilman Gallagher, seconded by Councilman Hogan, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTI ON NO. 1797 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RECOGNIZING OUTSTANDING CONTRIBUTIONS AND PERFORMANCE BY CITY EMPLOYEE JOHN RICHARDSON. On motion of Councilman Gallagher, seconded by Councilman Hogan, and on the following roll call vote, to wit: AYES: Councilman Gallagher, Hogan, Millis and Mayor Smith NOES: None ABSENT: Councilman Vandeveer the foregoing Resolution was passed and adopted on the 28th day of August 1984. OAK PARK INTERSECTION REPORT Mr. Mack said at the last meeting he had briefed the Council as to a proposed draft agreement that he was forwarding to the City of Pismo Beach for their consideration. Mr. Mack promised the City Council that the Pismo contractor would not be permitted to connect to the Arroyo Grande street until an agreement had been approved by the Arroyo Grande City Council. TALLY HO ROAD PROJECT REPORT Mr. Mack said that subsequent to last Council meeting, the City negotiator has recontacted five property owners on Tally Ho Road, but no right of way documents have been received from them. He said if they do not convey the necessary right of way agreements for the project, then an alternative of the Council would be through the condemnation process. Councilman Millis said he felt the people concerned should be notified when the item will be on the agenda. Oiscussion by Council followed, and Council gave the City Manager the authority to pursue the subject with the negotiator and property owners involved at his discretion. APPOINTMENT OF REPRESENTATIVE TO EOC BOARD Council agreed to have City Manager Mack inform the Board of the individual situations and unavailability of Council Members to attend at this time. - --. ~-- -- .~--- --~-_..__._-- / "'- "'""" , . . ~ ...... CITY COUNCIL AUGUST 28, 19l$4 ARROYO GRANDE, CALIFORNIA PAGE SEVEN. WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS None ADJOURNMENT Mayor Smith adjourned the Regular Session of Council to Closed Session at 9:37 P.M. RECONVENEMENT AND ADJOURNMENT The City Council reconvened to Regular Session from Closed Session at I 9:58 P.M. On motion of Councilman Gallagher, seconded by Councilman Hogan, I and unanimously carried, the Regular Session adjourned at 10:00 P.M. I I i3'~~ I MAYOR ! ATTEST: ; I !