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Minutes 1987-10-13 ...... MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 13, 1987 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANOE, CALIFORNIA The City Council met in regular session at 7:30 P.M., with Mayor Howard Mankins presiding. Present were Council Members Dorace Johnson, Mark M. Millis and D. G. Porter. Gene Moots was absent. FLAG SALUTE AND INVOCATION Mayor Mankins led the Pledge of Allegiance to our Flag, and the Rev. Everett Taylor, UnIted Methodist Church, delivered the invocation. PUBLIC APPE~RANCES None. CONSENT AGENDA Moved by Johnson/Millis (4-0-1) to approve the Consent Agenda with the recommended courses of action. C. 1. City Council Minutes of September 6, 8, 15 and 22, 1987. Approved. C. 2. Long Range Planning Ad Hoc Committee Minutes of September 14 and 28, 1987. Information. C. 3. Third Quarter, 1987, Sales Tax Revenue Report. Information. C. 4. Third Quarter, 1987, Departmental Report. Information. C. 5. Investments Deposit Report. I nformat ion. C. 6. Pearwood Pond Fence Payment and Acceptance. Accepted and authorized Payment. Pub 1 i c Hea rings 421 WOODLAND DRIVE NUISANCE ABATEMENT CONTINUANCE. At request of Staff, it will be continued to next regular Council Meeting. Pub II c Reques ts EL CAMINO REAL TREE REMOVAL-J. C. Patel, Arroyo K Lodge. City Manager Robert Mack explained the request for removal of four tall trees at. the Halcyon Road off-ramp proceeding south. He stated that the motel and sign are somewhat'.obscur~d, but even after passing the off- ramp when you see the motel you can get off at Grand Avenue and return to the motel. He said that the MunicipalC;ode provides that the property owner pay for trimming or removal if no safety or health reasons eKist. Mrs. Manning stated that they feel there are several blind spots, especially on dull days without sunshine. It Is Important to see the sign with enough time to make the dec.tslon to leave the freeway; As years have gone by the trees have grown up. The past few years it has been quieter each year, and this means a drop In revenue to the City also. They would be willing to help with the cost of removal. Low bushes would solve the problem of noise abatement. Council Member Millis commented that the trees were there long before the building was put up, and agreed they have grown a lot. Council MemberPorter said that, since the trees are on the City's right-of-way and the owners of the motel are willing to pay the cost, removal would be all right if other plants are used to replace the trees. Mayor Mankins reported that Parks and Recreation Department checked and the trees do not obscure the approach. --_.._._---_.._-~-.-_._--- CITY COUNCIL OCTOBER 13, 1987 ARROYO GRANDE, CALIFORNIA PAGE TWO Council Member Johnson stated that trees enhance the approach to the freeway, and trimming was not recommended by Parks and Recreation Department. Other neighbors do not feel they are a problem, and they do cut down quite a bit of noise of traffic. Parks and Recreation Director John Keisler recommended a trimming of the trees, not removing them. It does not pose a safety hazard, and you can see the sign. Trimming would prolong the life of the trees. In answer to the statement that these trees will have to be removed by the City in a few years anyway, Director Keisler stated that would be in ten or fIfteen years. Council Member Mi 11 is stated he .wants to promote business, but he hates to take down any trees, as the City takes pride in having them. He wouldn't want to be setting a precedent for tree-removal. After discussion it was moved by Johnson/Millis (3-1-1) (Johnson, Millis, Mankins voting Aye, Porter voting Nay, Moots absent) that approval be given for trimming the trees, with Director Keisler deciding how much trimming is to be done. RANCHO GRANDE OCCUPANCY PERMIT-George B. Tucker. Mr. Tucker explained he lived here for 10 years, was gone two years, then returned to build his house In Rancho Grande. Plans were approved and after three months his home.was built and is now ready for occupancy. The home he is presently renting has been sold and he must move out by this Friday. Since his home is ready for occupancy, Just awaiting the final inspection after fhe subdivi~r posts ti.s bORd,~ r~~iv~r~ed t~hCitt's flnal approval. M--. Tucker urther outlin sare carp amts t at R ande ltec ural anmttee had with his project. City Manager Robert Mack reported that Mr. Mi Iler, the subdivider, recently said he expected to post his bond of $450,000 sometime soon, but that he would be out-of-town at the time of th!s meeting. Mr. Karp stated that the tract improvements were complete but the guarantee bonding was holding up final acceptance of the public improvements. City Attorney Art Shaw stated that in an unusual situation such as this one, we let the subdivider develop the lots. Planning Department is willing to certify that the house is complete, and if they will certify the safety of the family, we should let them move in. No more permits should be granted unti I the bond is provided and the tract is accepted. Council Member Millis stated he wants to help this gentleman. Thi s is not the first time we have had this problem. Director Karp said that over the. last eleven years, probably some 1200 homes have been built, and .this situation has occurred about 10 times. He re- ccrnrended that Tucker be allo.-.ed to occuPh the ~lling and indicated that his departrrEnt had enouqh leverage with the developer to see that c e bond lS posted. After discussion, it was moved by Mi 11 is/Johnson (4-0-1), allowing Mr. Tucker to move in and secure the right to occupy his house, noting it is a significant hardship case, but also requiring Mr. Miller to post the bond before other homes in the tract are allowed to be occupied. SOTO SPORTS COMPLEX IRRIGATION SYSTEM AWARD OF BID. The request for bids was done legally, it was advertised two different weeks, and although the plans were not provided to any plan room on the coast, no contractors came in to request plans. A letter from Santa Maria Valley Contractors' Association,showing their displeasure, was received. Mr. Keisler stated that a delay of three or four weeks, to readvertise. might mean it would be next spring before the work could be done, once the rains begin. Since everything was done legally we should proceed. No one tried to hide anything, and they even contacted other contractors. Mayor Mankins spoke concerning the $4,270 over the budget that this expenditure would cause; he felt it should not be taken from another park's money. Since there is a $6,700 surplus at the end of the year this could be used as it is uncommitted. -_.._-~-- CITY COUNCIL OCTOBER 13, 1987 ARROYO GRANDE, CALIFORNIA PAGE THREE Council Member Millis pointed out this is a mistake that would not be repeated in the future. After discussion it was moved Johnson/Porter (4-0-1) to accept the bid from Baker Construction in the amount of $79,270, and that surplus funds be used to cover the $4,270 above the .budgeted amount. BUILOING PERMITS FOR SATELLITE DISH ANTENNAS. Acting Planning Director Ned Rogoway spoke of the need for requiring that some satellite dish antennas be subject to i.ssuance of a building permit. Some antennas have been found on roofs and have had to be taken down. Some have been found in side yards too close to neighbors' houses. If an antenna is large enough to require a boom then a permit should be required. The dealers themselves say there is so much squabbling about this issue they would like to see an ordinance requiring a permit. The big issue is how it affects the neighbors. The biggest argument against the 'ordinance is that it cuts back the freedom of access to thesatell ite. If it swings around and is blocked by the neighbor's house then they are denied access. Twelve feet, they can live with that. After discussion a Resolution was passed Millis/Johnson (4-0-1) to ,,' .establish requirements for the issuance of building permits related to the installation of television and satellite dish antennas. FLOOD ZONE OROINANCE City Attorney Art Shaw suggested that, after everyone's input, this be referred to,the Planning Commission. A motion to this effect was passed Johnson/Millis (4-0-1). RESOLUTIONS REGARDING SAFETY IMPROVEMENTS ON GRANO AVENUE - RED ZONES City Attorney Art Shaw pointed out that there was an error in the listing of the add resses: "1108 to 1124 Grand Avenue"shou I d be "1108 to 1126 Grand Avenue II in one of the proposed resoTUfiOns. ----- CHUCK BROONER stated.he thought this was to be discussed but it would appear as if the City is ready to bring out the cans of red paint. There has been no advance notice of this action. DR. MICHAEL ROHLA stated his office is at 1118 Grand Avenue, next to Steffans Carpets and before Pizza Hut. Dr. RobIa wants bM? parking spaces in front of his office because of his older patients, so they can park close enough to walk into his office. His curb will be right in the middle of the 1108-to-1126 area that is to have red curbing. At this point a SHORT RECESS was declared for the purpose of consulting maps and charts. After the recess Mi!.yur Mankins infonred Dr. Roh1a that his curb WJu1d be painted as out1ired in the resolution l'vIlich confbnns to a cqrpr011ise betlffll ROlla and the Parking and Traffic Cannission. ~ explained that painting the curbs red is being tried, and if it doesn't WJrk it can be changed. OICK BLANKENBURG thanked the Council for all their efforts, and said that the people really appreciated the Council going along with the individual requests. Moved by Millis/Porter (4-0-1) (I) to authorize the Staff to expend maintenance money in the amount. of $5,100 to construct ashphalt berms for medians and to rent a flashing warning beacon in the vicinity of the crosswalk near Mid-State Bank; place advance signing at all pedestrian crossings and install asphalt berm median east of the Halcyon Road and Grand Avenue inter- section near Cass Plaza; (2) Adopt the following resolutions establishing no parking zones in the area shown on attached diagrams excepting therefrom the resolution dealing with the proposed no parking zone in front of Burdine Printing; (3) Authorize the Staff to begin design of the rechanne1ization for the Grand Avenue/Brisco Road/ Elm Street intersection; for construction in fiscal year 1988-89; and (4) accept on behalf of the City, the engineering report entitled "Grand Avenue Corridor Study," prepared by Omni-Means for Grand Avenue (a requirement of the Office of Traffic Safety grant). CITY COUNCIL OCTOBER 13, 1987 ARROYO GRANDE, CALIFORNIA PAGE FOUR Moved to adopt a resolution Millis/Johnson (4-0-1)Mi11is, Johnson, Porter, Mankins voted Aye; Moots absent), establ ishing a "No Parking" Zone on a portion of Grand Avenue (1203 Grand Avenue). Moved to adopt a resolution Millis/Johnson (4-0-1) (Millis, Johnson, Porter, Mankins voted Aye; Moots absent); establishing a "No Parking" Zone on a portion of Grand Avenue (1051 Grand Avenue). Moved to adopt a resolution Johnson/Porter (4-0-1) (Johnson, Porter, Millis, Mankins voted Aye; Moots absent); establishing a "No Parking" Zone on a portion of Grand Avenue (1020 Grand Avenue). Moved to adopt a resolution Mill is/Johnson (4-0-1) (Millis, Johnson, Porter, Mankins voted Aye; Moots absent); establ ishing a "No Parking" Zone on a portion of Grand Avenue (990 Grand Avenue). Moved to adopt a resolution Millis/Johnson (4-0-1) (Millis, Johnson, Porter, Mankins voted Aye; Moots absent); establishing a "No Parking" Zone on a portion of Grand Avenue (1108 to 1126 Grand Avenue} excepting there will be left a 36-foot non-red-curbed section, which is two parking spaces, in front of Dr. Rohla's office. Moved to adopt a resolution Millis/Johnson (4-0-1)(Millis, Johnson, Porter, Mankins voted Aye; Moots absent); establ ishing a "No Parking"Zone on a portion of Grand Avenue (1108 to 1124 Grand Avenue), excepting there will be left a 36-foot non-red-curbed section, which Is two parking spaces, in front of Dr. Rohla's office. . Moved to adopt a resolution Millis/Johnson (4-0-1) (Millis, Johnson, Porter, Mankins voted Aye; Moots absent); establ ishing a "No Parking"Zone. on a portion of Grand Avenue (1208 Grand Avenue). Moved to adopt a resolution Millis/Johnson (4-0-1) (Millis, Johnson, Porter, Mankins voted Aye; Moots absent); establishing a "No Parking" Zone on a portion of Grand Avenue (1490 Grand Avenue). Moved to adopt a resolution Johnson/Millis (4-0-1) (Johnson, Millis, Porter, Mankins voted Aye; Moots absent); establishing a "No Parking" Zone on a portion of Grand Avenue (1489 to 1539 Grand Avenue). Moved to adopt a resolution Johnson/Millis (4-0-1) (Johnson, Millis, Porter, Mankins voted Aye; Moots absent); establishing a "No Parking" Zone on a port ion of Grand Avenue (1263 Grand Avenue). Moved to adopt a resolution Johnson/Millis (4-0-1)(Johnson, Millis, Porter, Mankins voted Aye; Moots absent); establishing a "No Parking" Zone on a portion of Grand Avenue (1259 Grand Avenue). Moved to adopt a resolution Johnson/Millis (4-0-1) (Johnson, Millis, Porter, Mankins voted Aye; Moots absent); establishing a "No Parking" Zone on a portion of Grand Avenue (1259 Grand Avenue). Moved to adopt a resolution Johnson/Millis (4-0-1) (Johnson, Millis, Porter, Mankins voted Aye; Moots absent); establishing a "No Parking" Zone on a portion of Grand Avenue (1263 to 1277 Grand Avenue). Moved to adopt a resolution Johnson/Millis (4-0-1) (Johnson, Millis, Porter, Mankins voted Aye; Moots absent); establishing a "No Parking" Zone on a portion of Grand Avenue (1198 Grand Avenue). -~..- "-- -- .,' "- '".. ~-._- Moved to adopt a resolution Millis/Johnson (4-0-1, Johnson, Millis, Porter and Mankins voting aye, Moots absent) to remove red curbing at 710 Grand Avenue, and which repeals Resolution #1886. Director of Public Works Paul Karp said that later on there would be some properties that will be worked on individually. in meetings with Staff and property owners. He said that with minimal improvements which could be implemented on private property (such as parking lot restriping) some on-street parking could be saved or oven increased. -_.._._----~ C \TY COUNC I L OCTOBER 13, 1987 ARROYO GRANDE, CALIFORNIA PAGE FIVE SECOND READING OF PERMIT, FEES AND FINES ORDINANCE Moved by Porter/Johnson (~-0-1) (Porter, Johnson, Millis, Mankins) to approve the second reading of the proposed ordinance, AN OROINANCE AMENDING THE MUNICIPAL CODE TO PROVIDE THAT CERTAIN PERMITS, LICENSES, FEES AND FINES SHALL BE PROVIOEO FOR BY CITY COUNCIL RESOLUTION. Moved by Porter/Johnson (~-0-1) (Porter, Johnson, Millis, Mankinsl to approve the .second reading of the proposed ordinance, AN ORDINANCE ADDING CHAPTER 7 TO TITLE 3 OF THE MUNICIPAL CODE APPROVING THE IMPLEMENTATION Of STATE AUTHORIZEO PROGRAM TO RECOVER COSTS OF RESPONSES TO EMERGENCIES CAUSED BY DRUNK OR RECKLESS DRIVERS, ANO PROVIDING GUIDELINES AND PROCEDURES THEREFOR. Moved by Porter/Johnson (4-0-1) (Porter, Johnson, Mill is, Mankins) to approve the second reading of the proposed ordinance, AN ORDINANCE AMENDING THE ARROYO GRANDE MUNICIPAL CODE TO DESIGNATE THE CURRENT PLANNER AS THE ZONING ENFORCEMENT OFFICIAL AND TO GRANT CITATION AUTHORITY TO THE l6NING ENFORCEMENT OFFICIAL AS PROVIDED IN SECTION 836.5(a) OF THE CALIFORNIA PENAL CODE. MUNICIPAL OFFICES RELOCATION REPORT Council Member Johnson announced that,since Mr. Moots will be out-of- town for some time,she requested a continuance until after a study session on relocation. STUDY SESSION The Study Session on Municipal Offices Relocation will be Thursday, October 29th, 3:30 P.M. to 5:00 P.M. (Ii hours). ADJOURNMENT Moved by Millis/Johnson to adjourn at 9:15 P.M. lh.?'~ --------------------------------- ------------ ------------------- Actin City Clerk Mayor ---- .._--..