Minutes 1987-04-21
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 21, 1987
COUNCIL CHAMBERS, 215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session with Mayor Pro Tem Dorace
Johnson presiding. Present were Council Members Mark M. Millis, Gene
Moots and D.G. Porter. Absent was Mayor Howard D. Mankins.
FLAG SALUTE
Mayor Pro Tem Johnson led the Pledge of Allegiance to our Flag.
PUBLIC APPEARANCES
None.
CONSENT AGENDA
Moved by Millis/Porter (4-0-1, Mayor Mankins absent) to approve Consent Agenda
C.1. through C.1D. with the recommended courses of action.
C.1. Proclamation, "Clean Air Week," April 27-May 3, 1987. Proclaimed.
C.2. American Legion "Poppy Days" License Waiver. Approved.
C.3. Reorganization Ad Hoc Committee Minutes of April 10, 1987. Information.
C.4. Long Range Planning Ad Hoc Committee Minutes of April 13,
1987. Information.
C.5. Parks and Recreation Commission Minutes of April 8, 1987.
Information.
C.6. Police Department Commendation. Informat i on.
C.7. Liability Claim, Mary Helen Pylman. Denied.
C.8. Progress Payment No.3, Soto Sports Complex Drainage. Approved. C.C.FILE 9-11-14
C.g. Progress Payment No.1, So to Sports Complex Fencing. Approved. C.C. FILE 9-11-15
C.10. Runels Brothers Ranch, Private Water Well Approval. Approved. C.C.FILE 13-2-3
282 TALLY HO ROAD PRIVATE PROPERTY RETAINING WALL CONSTRUCTION
Public Works Director Paul Karp said that about a year ago Mr.
John Rhone had told the City he wished to put in curb and gutter at his
property. Mr. Karp said the City had graded the street in front of the
parcel, and Mr. Rhone's contractor had put in the curb and gutter. He
said the curb and gutter lies in a location higher than Mr. Rhone's front
yard, in order to make it drain properly. Mr. Karp said, subsequent
to that installation, the City met with Mr. Rhone to discuss the conformance
of his front yard to the new street grade. He said the Council has tried
two or three times to resolve the problem of conformity of the front
yard. He said Mr. Rhone several weeks ago asked for additional work
at his property, namely a concrete retaining wall in his front yard.
Mr. Karp said that since the Council had acted before, a right of entry
was signed, the City was making arrangements to check to see if the driveway
was standard or not, and work was being scheduled to fix a driveway apron
grade that was constructed incorrectly by Mr. Rhone's contractor. Mr.
Karp said that since that time, Mr. Rhone has revoked the right of entry
to his property.
JOHN RHONE of 282 Tally Ho Road presented to the Council pictures,
maps and written information about his property. He said he would give
the City right of entry to his property if the City would repave his
driveway up to 44 feet (the City previously agreed to pave 30 feet).
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CITY COUNC I L
ARROYO GRANOE, CALIFORNIA
282 TALLY HO ROAD PRIVATE PROPERTY RETAINING WALL CONSTRUCTION-Continued
from the previous pa1e
He said he would rep ace the fence in his yard, if the City would remove
it for the grading it had previously agreed to do.
Mr. Karp said the City also agreed to remove (break out) the curb
and gutter which previously had been incorrectly installed by Mr. Rhone's
contractor, and take measures to prevent soil sluffing into his retaining
wall.
After Council discussion, it was moved by Porter/Moots (2-2-1,
Council Members Porter and Moots voting aye, Council Members Millis and
Johnson voting no, Mayor Mankins absent, the motion failed) 1) to direct
the City staff to grade a subgrade for 44 feet and pave the concrete
driveway 10 feet wide to a standard depth, 2) assist Mr. Rhone in removing
the chain link fence and grade the lot, 3) work with Mr. Rhone's contractor
to remove a portion of the drive that has to be removed to make the concrete
line flow, 4)remove the portion of curb and gutter that is above grade,
and 5)all subject to the City's right of entry.
Mr. Mack recommended that the City stand with what the Council
had previously agreed to in the past. Mr. Karp said he would work with
Mr. Rhone in preparing a right of entry for the City.
225 TALLY HO ROAD RIGHT OF WAY ENCROACHMENT PERMIT-C.C.FILE 1-3-44.
City Attorney Art Shaw said that the applicant and Mr. Karp had
not as yet come to an agreement on the encroachment permit, and recommended
that the item be tabled. Council Members expressed reservations about
agreeing to the encroachment permit allowing the building to protrude
into the street. They said they would prefer to stay with the original
lot split agreement. Mr. Mack said that in that case he would advise
Jeff Carrithers, developer for the applicant, that no encroachment permit
would be issued, and the building should be removed prior to the tract
map.
Moved by Porter/Moots (4-0-1, Mayor Mankins absent) that the conditions
of the encroachment permit agreement be removed, and the matter would
revert back to the three lots with the removal of the house.
OPEN SPACE ELEMENT OF GENERAL PLAN WORK SESSION
Nancy Iversen, associate planner, said she would follow a schedule
in reviewing the element, and it would include 1) Background on the General
Plan, 2) Information of the review the element has already gone through,
3) the Table of Contents, 4) the Open Space Element. She said Mr. Mack
had compiled for the Council's use a list of questions, which she would
like to cover at the end of the review. She said she would like direction
on setting a public hearing. Mrs. Iversen covered Natural Resources/Open
Space, Special Management of Natural Resources, Managed Production of
Resources/Open Space, Hazard Areas/Designated Open Space, and Open Space
for Outdoor Recreation.
Mayor Pro Tem Johnson said the Council would continue study of
the Open Space Element at the next meeting, beginning on Page 38.
ADJOURNMENT
Moved by Moots/Mi 11 i s (4-0-1, Mayor Mank i ns absent) to adjourn
the meeting at 5:04 P.M.
MAYOR
ATTEST:
C!TY CLERK
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