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Minutes 1983-03-08 .~ 0 296 CITY COUNCIL MARCH 8, 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, and Mark M. Millis reported present. Council Member Karl A. Hogan was absent. PLEDGE OF ALLEGIANCE Council Member Vandeveer led the Pledge of Allegiance to our Flag. Council Member Millis delivered the invocation. l ABPROVAL OF MINUTES On motion of Council Member Vandeveer, seconded by Gouncil Member Gallagher, it was unanimously voted to approve the minutes of February 22, 1983 i I as presented. APPROVAL OF WARRANTS On motion of Council Member Vandeveer, seconded by Council Member Gallagher, Demand Warrants #19388 through #19489 in the amount of $69,983.57 and Payroll Warrants #24468 through #24568 in the amount 6f $54,888.41 were approved and ordered paid. ORAL COMMUNICATIONS Marie Catl:\oir, 195 Orchid Lane, stated that at the congressional hearing today, Attorney General Van de Kamp stressed safety. Later three witnesses that were there at the request of Representative Bill Thomas spoke .and stated they were speaking for the majority of the people of San Luis Obispo County. The opinion was countered to the proposal of the Governor and the Attorney General in the matter of safety. Mrs. Cattoir questioned if Mr. Mankins spoke as a representative of the City of Arroyo Grande. Mayor Smith stated that she was not aware he had spoken and did not speak as a representative of the City Council. Mrs. Catooir added that the Governor has stated that earthquake planning must be a part of the emergency planning. She questioned what the City is doing' and asked information regarding the distribution of the Emergency Response Plan. Mayor Smith' requested that City Manager Mack check into th~s matter. APPROVAL OF CONSENT AGENDA ITEMS On motion of Oounci1 Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to approve the Consent Agenda IteD!s with the recommended courses of action. 1. Request by Natoma Council of National Camp Fire Organization, to Proclaim Week of March 13, 1983 through March 19, 1983, as "Camp Fire Birthday Week" in .Arroyo Grande. RECOMMEND MA~OR SO PROCLAIM. 2. Request by American Red Cross for Mayor to Proclaim the Month of March, 1983,. as "American Red Cross Month in Arroyo Grande". REeOMMEND MAYOR SO PROCLAIM. l 3. Receipt of Answered Agenda for Planning Commission Meeting of March 1, 1983. RECOMMEND REVIEW AND FILE. 4. Receipt of Departmental Monthly Report for February, 1983. RECOMMEND REVIEW AND FILE. 5. Receipt of Minutes f6r Parking and Business Improvement Area Advisory Board Meeting of February 24, 1983. RECOMMEND REVIEW AND FILE. 6. Receipt of Legislative Bulletins from League of California Cities, Numbered 10 and 11, 1983. RECOMMEND COUNCIL REVIEW; APPLICABLE ACTION, IF ANY, AND FILE. 7. Receipt of South San Luis Obispo County Sanitation District's Monthly Report of Treatment Plant Operations for February, 1983, Plus Others. RECOMMEND REVIEW AND FILE. --.---..-- -..-- ~ 'C) 297 CITY COUNCIL MARCH 8, 1983 ARROYO GRANDE, CALIFORNIA PAGE TWO STAFF REPORT ON CITY-OWNED HOUSE OPPOSITE POLICE DEPARTMENT ON CORNWALL AVENUE City Manager Mack stated that he wished to advise Council that he. is pursuing the study requested at. a previous meeting. regarding the disposition of the property aCross the street from the Police Department. If the structure is upgraded to current codes, it is estimated that approximately $6,000 in improvements must be made before occupancy can take place. Also, a fair rental price must be determined and he is investigating the cost of possible moving the structure. l STAFF REPORT RE: REVIEW OF SPECIFIC WARRANTS LISTED ON 2/22/83 WARRANT REGISTER Finance Director Bacon referred to his report regarding questions of last meeting's warrants concerning the payment to Attorney Allen Grimes in the amount of $3,565.99, payment to Union Bank in the amount of $1,000 and the repair to city vehicles at Vick Pace Ford. Council Member Gallagher asked if the City has the proper".equipment to repair vehicles at the City yard. PUblic Works Director Karp responded that this particular payment was for a carbuI!etb~' 'repair . Council Member Vandeveer questioned the payment of the attorney's fees and stated that the ordinance requires any expenditure over $500 be approved by Council or. be placed on the Consent Agenda. He requested a breakdown of this payment. Finance Director Bacon stated that this item had been handled as services rendered on a continuing basis. REPORT/RECOMMENDATION BY' PUBLIC WORKS DIRECTOR FOR COUNCIL APPROVAL OF PARCEL MAP AG 83-014, LOT SPLIT CASE NO.. 83-378, JOHN WYNN AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 1056 Public Works Director Karp stated that the subject map is a lot line adjustment which was required as a condition to final approval of Tract 1056. Tract 1056 is a planned unit development (land division type of condominium) which was approved on the easterly side of South Elm Street, . between Sunset Drive and Maple Street. During construction, the developer chose to provide his own survey control and laid out the foundation of his structures to lie exactly at the setback line from Elm Street. The original subdivision called for a two foot setback beyond the minimum. Inasmuch as the potential owners of the units actually pUI!chase the land beneath the units rather than just owning the air space, the two foot discrepancy becomes significant. The map corrects the property lines to meet the as-built condition of the structures. The net change in open space and coverage is zero. The footings for the first structure east of the street lies at the legal setback limit. The developer has completed his public improvements which were required with the original subdivision and thoee are ready for acceptance. Mr. Karp recommended that Council approve the map subject to the following findings and conditions. l. Find that the subject map is consistent with the approved tentative map, which was found.by the Planning Commission to be consistent with the General Plan and zoning. ! 2. Acdept the public improvements on behalf of the public and authorize I release of the bonds which guarantee the fur completion as conditions to I the approval of Tract 1056. , I '-, .On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to approve Parcel Map AG 83-014 subject to the conditions stated by Mr. Karp. REQUEST BY PLANNING COMMISSION FOR JOINT MEETING WITH CITY COUNCIL FOR MARCH 29 , 1983 City Manager Mack stated that a letter was received from William Gerrish, Chairman of the Planning Commission, requesting a joint meeting and suggesting March 29, 1983. Mayor Smith stated she is concerned as discussion might touch on the Shannon Ranch application and perhaps this matter should not be discussed before the Planning Commission's consideration of it. Attorney Shipsey advised that there may be a problem if this were the case. It was the consensus of Council to take no action at this time. r i I I - 298 ~ C) CITY COUNCIL MARCH 8, 1983 ARROYO GRANDE, CALIFORNIA PAGE THREE EUCALYPTUS TREES ON THE PIKE City Manager Mack stated that at thelilast meeting Council directed that he attend a meeting with Mr. Fogostein, President of the House of the Temple, Supervisor Brackett, and County Engineer Protopapas. This meeting did not result in agreement to remove the trees or a major topping of them. Stakes have been placed by the City wnich designate the private property line, the city limit line and the right of way line! which are all the same line. The stakes show:lthat all the trees but one lie on private property outside of the right of way line. The County supervisors have adopted a policy that the County not become involved and that the City of Arroyo Grande be so advised. Mr. Mack stated that at the request of Council he checked into the cost of the cleanup after a storm. The average bast is $147 waich includes cleanup, ; equipment and personnel costs. The cost of the trees would be in'the ~I $6,000 range and should be done every few years. Mr. Mack stated that it is his opinion that this will not reduce the amount of debris. A map was filed with the County in 1980 by the Temple. It attempts to clarify their holdings and conveys to the County an eight foot strip along the south side of ~he Pike, including. the reservation mm the trees. The eight foot strip is not county property. Mr. Stenquist, who is also an owner of some of the trees, and Mr. Fogostein are reasonable and will consider prnning, trimming and designation of specific trees which are a concern. Mr. Mack stated that he would host a meeting with the respective property owners' in an.attempt to resolve or reduce the problem. and reqUeste~ that Couhci~ ehdGrse this recommendation. Council Member Millis stated he is in favor of the meeting. Council Member Vandeveer agreed and stated that a County representative should be present also; Council Member Gallagher also agreed. Mr. Fogostein and Mr. 'Romaine; .representative of the property owners on The Pike, agreed to the meeting. . Paul Marcotte, 695 Gaynfair, suggested that the trees be inspected to determine if they are healthy. Barrie Key, 976 The Pike, spoke regarding the safety of the trees. PUBLIC HEARING RE: REZONING CASE NO. 83-168, ORDINANCE AMENDMENT TO CHl\NGE DESIGNATED USES, ZONING AND LAND USE DESIGNATION BACK TO ORIGIHAL HIGHWAY SERVICE DISTRICT, LOT 2, TRACT 604 , OAK PARK ACRES , REUBEN KVIDT Planning Director Hays stated that the applicant is proposing to amend Ordinanoe 246 C.S. to change the land use designation of Lot 2, which consists of three parcels in the Oak Park Acres develop~bt Lot 1 is developed with K Mart and the adjacent shops. Lot 2 consists of the graded pad and two lots. The Council, in years past,and at the recommendation of the Planning Commission, changed the zoning designation onT.Lots 1 and 2 from the original Highway Service designation to Neighborhood Commercial to allow for specific proposals at that time. Subsequently, on LOt 1 K Mart was developed and the property owner now feels that the lots will be better saited to future development if zoned Highway Service. The Planning Commission i recommends approval of the amendment. Mr. Hays added that he recommends , that certain uses be excluded which are allowed under the current Highway Service designation! specifically servIDce station type uses. The hearing ~ having been propeEly noticed and published, Mayor Smith opened it for public comment. REUBEN KVIDT, Oak Park Acres, stated that certain developments had been planned for the subject lot, however, since those have not materialized he wishes to reburn to the Highway Ser~~ce designation. There being no. further comments, the hearing was closed. Council Member Vandeveer stated he supports the Planning Commission's recommendation. Council Member Millis stated that the intent of Council was that this area be commercial, but it also must be flexible. Attorney Shipsey read the title of the ordinance. and was seconded by Council Member Gallagher. There was discussion regarding a typographical error in Ordinance 246 C.S. It was the consensus of Council that this be adjusted with the second reading of the ordinance. A roll call vote was taken on the motion: AYES: Council Members Vandeveer, Gallagher, Millis, Mayor Smith NOES: None ABSENT: Council Member Hogan ~ ~ 299 CITY COUNCIL MARCH 8, 1983 ARROYO GRANDE, CALIFORNIA PAGE FOUR PROPOSED ORDINANCE TO EFFECT CHANGE OF TITLE - FROM CITY ADMINISTRATOR TO CITY MANAGER City Attorney Shipsey stated that there was"c€:lncern regarding the code section which authorizes the City Manager to hire and discharge depa~tment heads with the exception of the City Clerk and City Treasurer. .He stated that Council needs to determine if they wish to grant that authority in ther,O)'dinance. He added that this authority is granted by state code. Council Member.Vandeveer stated he was in favor of leaving the ordinance as it is. Council Member Gallagher agreed. Council Member l Millis stated that the reason for the proposed change is that it has been the practice in the past that.the City Manager supervise the department heads. City Manager Mack stated that whatever change is made should . conform with state law. It was the consensus of Council that Attorney Shipsey return with a proposed ordinance. REPORT/REQUEST BY PARKS AND RECREATION DIRECTOR RE: STROTHER PARK DEDICATION Parks and Recreation Director Keisler reported that completion of Strother Park is nearing and Staff and the Parks and Recreation Commission I. are planning a dedication of the park. He stated that he welcomes suggestions . for activities for the day. , I STAFF REPORT: STORM DAMAGE . . Public Works Director Karp reported that a washout occurred on Equestrian Way which resulted in the loss of 100 to 200 feet of curb and gutter. There was a break in the sewer line at Oak Park. All sewage from Acorn Drive, the condominiums, and K-Mart was below this break, coming into the lift station and was being pumped out. The break now only affects.the tract of 10 or 12 homes on Equestrian Way and Deer Trail. The Regional Water Quality Control Board was notified with plans for temporary service. They were satisfied with the corrective measures. . The State Health and County Health Departments were also notified. The State Health Department recommended posting the pORd at Oak Park and West Branch because of the ducks which the public occas:i:6nally'.feed. It is unlikely, with the construction of temporary lines upstream, that there is any kind of health hazard. As a result of the break, sand and water f~lled the sewage mains and filled the wet well of the Oak Park lift station, causing damage to one of the pumps. The pumps were shut down and rebuilt. Mr. Karp stated he wished to commend the sewer crew for working approximately three days straight; and also the water and parks crews. The lift station is now operable and the City saved approximately $6,000 by using the K-Mart provided trash pump to provide operation of the lift station during rebuilding of the,Hectric pumps. Mr. Karp added that there was damage to two culverts on Woodland Drive. The creek is two to three feet deeper than before the storm. Cranes have been used on the Traffic Way bridge and the Mason Street bridge to remove debris and trees that washed into the pilings. 1,000 sand bags have been used. There was minor'private property damage on Noguera, Sunset and Valley Gardens. There was major erosion to the Arroyo Grande Creek which has effected the park behind City Hall. Mr. Karp stated that damages are estimated between $30,000 and $60,000. He added that a disaster assistance application has been requested and assistance information to private property owners is available. Mayor Smith stated ~ that there should be more stringent controls for retaining walls and she added that she is opposed to the type of drainage system at Oak Park. Council Member Gallagher stated that an easement should be established for Tally Ho Creek. Marie Cattoir commented regarding. the drainage at Carls Jr. _n_ .__ ._. _ ..__._~__ .__ ---.- - -- -..- .-.----- ._~--- "'_'.'_'__"'_~-._--~---_'_------~'-~"-'----"-_._-....-.:.:.------.---------------- .--"" ---- --..-- 300 CITY COUNCIL MARCH 8, 1983 ARROYO GRANDE, CALIFORNIA PAGE FIW WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS Council Member Gallagher referred to the letter from Public Works Director Karp to the Board of Supervisors regarding Tract 953 requesting it be developed to the City of Arr9Yo Grande's standards. He stated that there has been a problem with communications and the County responding to our requests. Council Member Millis requested that a staff member be present at the hearing concerning this tract. Council Member Gallagher requested ~ I City Manager Mack to finalize the meeting regarding Tract 953 with Supervisor Brackett. Council Member Millis stated that the City's two million gallon ; i water tank is now in operation and some type of recognition shmuld be given to the many people who gave their time and effort to its completion. I He suggested that a dedication ceremony or some other type of recognition be given. ADJOURNMENT On motion of Council Member Gallagher, seconded by Council Member Millis, it was unanimously voted to adjourn at 9:25 P.M. -J:J'~ ~ MAYOR ATTEST'~~ DEP TY C CLERK ,l