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Minutes 1983-02-22 .. ~. :) 290 CITY COUNCIL FEBRUARY 22, 1983 ARROYO GRANDE, CALIFORNIA The City Council met in regular session with Mayor Smith presiding. On roll call, Council Members Lawrence E. Vandeveer, Matt Gallagher, Mark M. Millis, and Karl A. Hogan reported present. PLEDGE OF ALLEGIANCE Council Member Gallagher led the Pledge of Allegiance to our Flag. Father Michael O'Sullivan, st. Patrick's Catholic Church, Arroyo Grande, delivered the invocation. -I . APPROVAL OF MINUTES I On motion of Council Member Vandeveer, seconded by Council Member Gallagher, the minutes of February 8, 1983 were approved as amended. Council i Member Vandeveer in&icated that Georgie O'Connor had not spoken in opposition ! to the C:ahlt N proposed rate increase, but had spbken regarding reception. Mayor Smith pointed out that she had commented that the rate increase was 'probably' warranted. APPROVAL OF WARRANTS On motion of Council Member Millis, seconded by Council Member Hogan, nemand Warrants 119285 through 119387 in the amount of $~2,269.08 and Payroll Warrants 124380 through 124467 in the amount of $69,876.88 were approved and ordered paid. PRESENTATION Mayor Smith presented an 'Oscar' award to Police Chief Jim Clark for his services as 'Acting City Administrator' since' September, 1982, and thanked him for his dedication to the City. ORAL COMMUNICATIONS - None. APPROVAL OF CONSENT AGENDA ITEMS Council Member Vandeveer stated he wished to withdraw item 17 and Council Member Gallagher stated he wished to withdraw item 13 for discussion. On motion of Council Member Gallagher, seconded by Council Member Vandeveer, it was unanimously voted to approve items 11 through 18, with items 13 and 17 deleted, with the recommended courses of action. 3. Receipt of Agenda for Zone Three Advisory Commitcee for February 17, 1983, with Accompanying InfojData. RECOMMEND REVIEW AND FILE. Council Member Gallagher stated he wished to see a procedure of passes or stickers for admission to Lopez Lake to be interchangeable so that coumel'l1:t:esildents need not buy more than one for their separate vehicles. Council Member Millis stated he will submit this question at the next meeting. 7. Receipt of Sonic Cable TV's Statement of Gross Receipts for 1982 as Required by Franchise with City of Arroyo Grande - For Information. RECOMMEND RECEIVE AND FILE. Council Member Vandeveer commented regarding the increase l of Cable N fees in 1981. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to approve consent agenda items 13 and 17. I 1. Receipt of Answered Agenda and/or Minutes, Re. Planning Commission Meeting of February 15, 1983. RECOMMEND REVmW AND FILE. 2. Receipt of Report, Re. Parks and Recreation commission Meeting of February 9, 1983, as Prepared by Parks and Recreation Director. RECOMMEND REVIEW AND FILE. 4. Receipt of Legislative Bulletin. No. 9-1983 from League of California Cities, Plus Others. RECOMMEND REVIEW; APPLICABLE ACTION, IF ANY; AND FILE. -------- ~ .~ 291 CITY COUNCIL FEBRUARY 22, 1983 ARROYO GRANDE, CALIFORNIA PAGE TWO 5. Request/Recommendation by Carl Warren & Co., City's Insurance Representative, for Denial of Claim Filed by Judy Ann Meyers, Incident of 12/27/82. RECOMMEND COUNCIL DENY SUCH CLAIM. 6. Notification of Public Hearing to be Held March 8, 1983, at 8:00 P.M., Re. Rezoning Case No. 83-168, Ordinance Amendment to Change Designated Uses, Zoning and Land Use Designation Back to Original Highway Service District, Lot 2, Tract 604, Oak Park Acres, Reuben Kvidt. RECOMMEND APPROVAL OF SUCH DATE FOR SAID PUBLIC HEARING. 8. Request for Council Approval of Progress Payment No. 1, Re. Improvements at Soto Sports Complex to Contractor Karlesking - Crum, Inc., in Amounts '-.-. of $535.50 and $8,653.88 by Parks Director. RECOMMEND COUNCIL APPROVE AND i DIRECT PAYMENT. , i REPORT/RECOMMENDATION BY PUBLIC WORKS DIRECTOR RE: COUNCIL'S APPROVAL OF . LICENSE FOR INSTALLATION OF KKAL'S ANTENNA TOWER ON CITY-owNE[) PROPERTY AT RESERVOIR SITE ill LOCATED OFF VERNON AVENUE Publ~c Works Director Karp stated that Staff has proposed a lioense document for approval by Council for the subject radio tower. Staff's major concern beyond public safety would be that the installation would not interrupt communication systems which presently operate within the City limits. The City Attorney has advised that the license protects the City in the event such a condition would be a problem. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to approve the license to KKAL radio. CURRENT REPORT ON SOUTH COUNTY WATER ASSOCIATION I S RECENT MEETING Public Works Director Karp explained the report submitted by the Association recommends groundwater entitlement of the Arroyo Grande Groundwater Basin. Council Member Hogan stated that the City. should not give up any entitlement. All council members commended the members 'of "the association who compiled the report. Council Member Vandeveer stated that the County should be included in the report. Council Member Millis questioned the ~ringe areas of those entities included in the report. Mayor Smith stated the report is a step forward in adjudication and added that she is concerned about the fringe areas.. . After discussion, Council Member Gallagher moved to conceptually approve the recommendation for groundwater entitlement and to forward a copy to the County. The motion was seconded by Council Member Millis and a roll call vote was taken: AYES: Council Members Gallagher, Millis, Mayor Smith. NOES: Council Members Vandeveer and Hogan ABSENT: None PUBLIC HEARING RE: APPEAL OF pLANNINGCQMMISSION I S DENIAL OF REZONING CASE NO. 82-165, REQUEST FOR CHANGE FROM RAB3, RESIDENTIAL AGRICULTURAL DISTRICT, TO PD, PLANNED DEVELOPMENT DISTRICT, LOCATION OF MAY AND PASEO STREETS, JEFFREY CARRITHERS Planning Director Hays reported that the applicant has requested ,- rezoning of approximately l.26 acres located along the Pacific Coast Railroad right of way from RAB3, R~sidential Agricultural, to PD, Planned Development. The proposed development is to construct 10 single family residential units in a planned development. The Planning Commission held a public hearing on the matter on September 21, 1982 for determination of environmental effect. At that meeting the Commission continued the hearing to allow the applicant to prepare specific information regarding sewerage, water, streets, drainage, and soils. This was done to .allow the applicant to respond to specific environmental concerns and allow him to prepare .mitigation measures. The Commission was presented with this information at their meeting of January 18, 1983 and the Commission voted to deny the rezoning without,...""aking an environmental determination. .-. -------- 292 ~. .~ CITY COUNCIL FEBRUARY 22, 1983 ARROYO GRANDE, CALIFORNIA PAGE THREE A letter was presented to Council signed by seven residents of May Street opposing the development. On motion of Council Member Gallagher, seconded by Council Member Millis, it was unanimously voted to accept the letter into the record. The hearing having been properly noticed and p~lished, Mayor Smith opened it for public comment. JEFFREY CARRITHERS, 311 Harbor View, Pismo Beach, stated that the project conforms to the character of the neighborhoOd and are 6,000 square foot. lots. ROBERT. PRATT, 574 May Street, cited the drainage problem in the area and stated he did not want to see apartments there. MAX HARRIS, 212 McKinley, x:equested Council support the Planning Commission's decision and cited drainage problems. DON SPRAGUE, 212 Tally Ho Road, stated the property should be used for housing. BILL BURKE, i 203 Oro Drive, stated the project is spot zoning and spoke in opposition. I STEVE DIAZ, 585 May Street, spoke regarding drainage and traffic problems i and stated it is the w<,cimg location for the type of zoning. MICK BONDELLO, 207 McKinley, presented a list of birds species wbuia'~e0impacted by the proposed development. MR AGUIRRE, 254 Tally Ho Road, spoke in favor of the denial. JEFFREY CARRITHERS, stated that the proposed project is not apartments, but single famil~ homes. There being no further comments, the hearing was closed. Council Member Vandeveer stated that affordable housing is needed and this can only be accomplished by increasing density. He suggested that the project be denied without prejudice .so that the applicant may return with another plan. Council Member Millis stated that the issue is not affordable housing, but the density of the area. Council Member Hogan agreed that affordable housing is needed and that the matter should be denied without prejudice. Council Member Gallagher stated that he would support the Planning Commission's denial. Mayor Smith stated that RAB3 is appropriate for the area and drainage and sewer are a problem. Council Member Millis moved to uphold the Planning Commission's.decision regarding rezoning case no. 82-165 and deny the application. The motion was seconded by Council Member Gallagher and a roll call vote was taken: AYES: Council Members Gallagher, Millis, Mayor Smith NOES: Council Members Vandeveer and Ho~an ABSENT: None STAFF REPORT RE: EFFECT OF STORM WATER ON PROPOSED SOFTBALL FIELD AT SPORTS COMPLEX City Manager Mack stated that the Parksaand Recreation Commission has expressed concern regarding the storm water effects upon the proposed softball field and its construction. He stated that he is meeting with the Public Works Director and Parks and Recreation"Dd:rector to explore the feasibility of improvements to the site which can make recreation and storm drainage uses compatible or, at thel~east, reduce the impact of one use upon theobther. He stated that when a staff proposal is developed, they will be presented to Council and the Parks and Recreation Commission. CITIZEN PARTICIPATION RE: EUCALYPTUS TREES ON THE PIKE ~ Neville Romaine, 1120 The Pike, stated that a petitiDn was 'I originally circulated in 1982 and is a result of1:this agenda item. He gave I a history of the trees and stated that citizens originally met with Council in 1974. He added that smme trees are leaning at a 45 degree angle and 1 have their root system above the ground. He asked that some trees be cut. He urged Council to act on this matter as soon as possible. Council Member Hogan moved that Staff contact qualified persons to determine which trees are diseased and have them tr~ed. There was no second to the motion. I Public Works Director Karp displayed a survey of the trees and stated that I one tree is on the right of way line. Council Member Millis stated that the. , I matter has been turned over to our County Supervisor and he suggested that she j be given a chance to handle the matter. Don Kaufman, 990 The Pike, stated i I that he circulated a petition in 1974 and sent a copy to County Engineering. I Paul Markoff, Gaynfair Terrace and The Pike, stated that the City is liable I for overhanging branches. I I I I ! - ') 293 ,..-' CITY COUNCIL FEBRUARY 22, 1983 ARROYO GRANDE, CALIFORNIA PAGE FOUR Council Member Gallagher stated that Supervisor Brackett should be given more time to respond to this problem and he moved that Staff contact the County Counsel and Supervisor Brackett and tell them of Council's concern and the urgency of receiving a response. The motion was seconded by Council Member Millis and unanimously voted. John Twifort, 1030 The Pike, and Gary JOhnson, 1150 The Pike, spoke regarding the safety of the residents on The pike. CONTINUING DISOUSSION OF SCHOOL FACILLTIES FEE ORDINANCE Council Member~Millis cited a possible conflict of interest regarding this matter as he is employed by Lucia Mar Unified School District and he left the Council table. Attorney Shipsey stated that he has reviewed other existing ordinances and is still waiting to receive an ',-, additional ordinance. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to table this matter so. that further information may be received and reviewed by the City Attorney. Council Member Millis returned to the Council table. . CONTINUING DISCUSSION RE: WOODLAND DRIVE PARK AREA MATTER City Manager Mack explained that a proposed ten year license has been reviewed by the property owners and no response has been received as yet. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to continue this matter until signatures are received. PROPOSED ORDINANCE TO EFFECT CHANGE OF TITLE FROM CITY ADMINISTRATOR TO CITY MANAGER It was the consensus of Council, at the recommendation of Attorney Shipsey, to continue this matter to the' 'next meeting. PROGRESS REPORTS --Update of General plan of City of Arroyo Grande. --Restroom Facility - Village Area. '-.,",. --Non-Commercial Guest Houses in RA Zoning District - Being Held in Abeyance for Review/Action by Planning Commission. Planning Director Hays stated he is awaiting census information to complete the General Plan update. He added that it was the consensus of the Planning Commission to continue discussion of the non-commercial guest houses in conjunction with the new upcoming planning laws. RECOMMENDED ACTIONS FOR COUNCIL APPROVAL BY PARKING AND TRAFFIC COMMISSION a) Establishment of No-Parking Zone in Front of Citicorp Bank (Formerly Fidelity Savings) on Grand Avenue~ Public Works Director Karp reported that this recommendation is a result of Staff review of accident data in the vicinity of the Lucky~ayless Shopping Center, as well as public input received at various City functions. Attorney Shipsey read the title of the resolution. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO. 1687 ',- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO PARKING" ZONE ON A PORTION OF GRAND AVENUE On motion of Council Member Vandeveer, seconded by Council Member Hogan, and on the following roll call vote, to wit: AYES: Council Members Vandeveer, Gallagher, Millis, Hogan, Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed .and adopted this 22nd day of .February, 1983. -.. -_._------~ 294 ~ ,:) CITY COUNCIL FEBRUARY 22, 1983 ARROYO GRANDE, CALIFORNIA PAGE FIVE b) Establish a 3D-Minute Parking in Fnont of 203 Bridge Street (Near Bridge and Nelson). Public Works Director Karp stated that this recommendation is a result of a request by the shopkeeper at 203 Bridge Street. This party has problems with employee pa~king associated with the Central Coast Christian Academy for the property adjacent to her business. After discussion, it was the consensus of Council that a 'two-hour parking zone' would be more appropriate to the area. Attorney Shipsey read the title of the resolution. On motion of Counoil Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to dispense with further --., , reading of the resolution. RESOLUTION NO. 1688 I ! A RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF ARR~O GRANDE ESTABLISHING A "TWO-HOUR PARKING" ZONE ON A PORTION OF BRIDGE STREET On motion of Council Member Vandeveer, seconded by Council Member Hogan, and on the following roll call vote, to wit: AYES: Council Members Vandeveer, Gallagher, Millis, Hogan NOES: Mayor Smith ABSENT: None the foregoing Resolution was passed and adopted this 22nd day of February, 1983. c) Elimination of Left Turn from Nevada onto Branch and from Bridge onto Branch. Public Works Director Karp stated that this recommendation results from Council action at the last regular meeting in response to previous recommendation by the Downtown Parking and Business Improvement Area Advmsory Board for the Parking and Traffic Commission. Council Member. Hogan stated he is oppo~ed to this action. Attorney Shipsey read the title of the resolution. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was passed to dispense with further reading of the resolution. Council Member Hogan dissented. RESOLUTION NO. 1689 A RESOLUTION OF THE CITY COUNCIL OF THE CITy OF ARROYO GRANDE ESTABLISHING A POLICY TO PROHIBIT LEFT TURNS ONTO BRANCH STREET FROM THE INTERSECTING ROADS OF BRIDGE STREET AND NEVADA STREETS On motion of Council Member Gallagher, seconded by 60uncil Member Vandeveer, and on the following roll call vote, to wit: AYES: .Council Members Vandeveer, Gallagher, Millis, Mayor Smith l NOES: Council Member Hogan ABSENT: None i the foregoing Resolution was passed and adopted this 22nd dayoof February, 1983. d) Establish Stop Sign on Mesa Drive at Tiger Tail Drive. Public Works Director Karp stated that the recommendation of this stop sign was a result of staff input precipitated by a petition received by the City from property owners in the Tiger Tail Drive area. Attorney Shipsey read the title of the resolution. On motion of Council Member Gallagher, seconded by Council Member Hogan, it was unanimously voted to dispense with further reading of the resolution. \ ~ '~ 295 ~~ CITY COUNCIL FEBRUARY 22, 1983 ARROYO GRANDE, CALIFORNIA PAGE SIX RESOLUTION NO. 1690 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A BOULEVARD STOP ON MESA DRIVE AT ITS INTERSECTION WITH .TIGER TAIL DRIVE On motion of Council Member Gallagher, seconded by Council l Member Vandeveer, and on the following roll call vote, to wit: AYES: Council Members Vandeveer, Gallagher, Millis, Hogan, Mayor Smith , NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 22nd day of February, 1983. REVIEW OF. DEVELOPMENT PLANS FOR TRACT 741 , WILDWOOD RANCH , NORTHEAST CORNER OF HIGHWAY 227 (CORBETT CANYON) AND HUASNA ROAD Public Works Director Karp explained that the developer is now willing to proceed with development of the project. Ordinance 214 C.S., which rezones the property to PD, requires all development plans to be placed before both the Planning Commission, and City Council for review. , Mr. Karp added that this project will come before Council each time new plans are submitted. He recommended .that Council review copies of , the development plans which have been. approved for construction of Wildwood , Ranch, also known as Tract 741, and find them to be in compliance with applicable ordinances and conditions of approval. Mayor Smith and Council Member Millis commented that a complete set of plans are not needed for Council review. On motion of Council'Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to approve the development plans for Tract 741 as recommended by Mr. Karp. WR:J1.Tl'EN COMMUNICATIONS - None. ORAL COMMUNICATIONS Council Member Vandeveer questioned the progress regarding Tract 804. Public Works Director Karp stated that the report shobld be completed in Late June. Council Member Vandeveer suggested that agenda items not be copied again when an item is continued, in the interest of saving paper. Council Member Gallagher stated he is concerned about the construction of driveways, i.e., there is sometimes no flat surface before the garage on steep driveways. CLOSED SESSION - Council adjourned to closed session at 11:10 P.M. and returned at 11:30 P.M. ADJOURNMENT - On motion of Council Member Vandeveer, seconded by Council I Member Millis, it was unanimously voted to adjourn at 11:31 P.M. I . I ~ 13'~~ I ~_/ _ ~"" I ATTEST: ')~ I DEPUTY C Y CLERK