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Minutes 1986-11-11 CITY COUNCIL NOVEMBER 11, 1986 ARROYO GRANDE, CAll FORN IA 7 : 30 P. ~1. The City Council met in regular session with Mayor B'Ann Smith presiding. Upon roll call, Councilrnembers Dorace Johnson, Gene Moots and D. G. Porter were present. Councilmernber Matt Gallagher was absent. PLEDGE OF ALLEGIANCE AND INVOCATION Councilmember Moots led the Pledge of Allegiance to our Flag; and immediately thereafter, the Rev. Brian T. Hook of Grace Bible Church, Arroyo Grande, delivered the invocation. YOUTH FOR UNDERSTANDING DAY Mayor Smith proclaimed November 11, 1986, "Youth for Understanding Day in Arroyo Grande." She introduced Shirley Levine, San Luis Obispo County Coordi- nator, and Pat and Tom Martin, Northern Santa Barbara County Coordinators. She "Iso introduced the foreign students and their host fami lies. Receiving procl"rnations from the Mayor were Yasuki "Yasu" Kanebako of Japan and I).is family, Clayton II, Kelly, Joshua and Clayton III Barks of Santa Maria; Andrea Mi Ide of Ger'many and her fami ly, Ron, Lucy, Shawn and Nathan Matthews of Santa Maria; Sjoerd Wortelboer of Holland and Joseph, Marcy and Joey Raffetto of Sunta Maria; Seiya Yamashita of Japan and Walter, Terri, Laur'a and Sara Beardsley of Santa Maria, and Christian Keller of Germany and B'Ann, Chuck and Tim Smith of Arroyo Grande. Not present were Caroline Dricourt of France and her family, Jim and Diana Hale and Debbie McCrary of Lompoc, and Jesus Carrusco of Spain and his family, Carol, David and Nicole Paglia of Santa Ynez. ORAL COMMUNICATIONS-None CONSENT AGENDA On motion of Councilmember Johnson, seconded by Councilmember Moots, and unanimously carried, to approve Consent Agenda items 1 through 6; 8 through 13; 15, and 17. I. Minutes of O(.'1;obcr 28, 1986 (ReCOlllrend Approval) 2. Oish Disburselrent Rutific!.tion {J. Demand Rej.oisters for OctOber, 1986 (R(:(''OIrrrend Approval) 3. Statelrent of Inyestmcnt Deposits (Wormdtion) 4. 1985-86 Finllnclill Audit Report (Information) 5. Department&! Report for Oetob<!r, 1986 (Wormation) 6. Novenber 4, 1986 PIMning Comllission Answered Agenda (WOI'fIJIltion) 8. League of Oilitornill. Qties' O1annel Counties' Division Meeting, November 21, 1981i, 6 P.M.. CamwiIJo (Advise Office of Qty Manu.l:(et' If You P!Bn to Attend) 9. Liability Insurance Qillm Rejection, Ju::ion Ituiz, a&mant (Reconmend Rejection of Qaim) 10. Reque:.t for Fee Exe/t{lt lJcense to Perfonn NIItIber QII'b Painting by Oceuno Boy Scout Troop 410 (Recomrend Approval with ConditiOClS) 11. Progr~ Report by MOOiation Jm.'litute on Outer Continentul Shelf Air. Quality lWb'Ulations (Wormation) 12. Lucia Mar Unified School District Facility Fee Report (Wormation) 13. 1986/87 aty of Arroyo Grande and O1anber of Conmerce AlllluaI. Agreeu.:nt (Re(''OIIJrenG Approval) 15. Purchllse of Us.."<I Forklift from P& W Forkli!t & Equip. Co. (ReCOlTlrend Appt'Owl) 17. November 6, 1986 Area Coordinating Council Notes (Wormation) CITY COUNCIL NOVEMBER 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE TWO CONSENT AGENDA Continued Item 7. October 15, 1986 South San Luis Obispo County Sanitation District Minutes. Wi th regar'd to "d." under Written Communi cat ions, Councilmember Johnson questioned the advisability of the Sanitation District contracting to operate a Wastewater Treatment Plant at Diablo Canyon Nuclear Plant. She said she would like to 90 on record as oPposin9 this. Item 14. James Way Traffic Signal Progress Payment No. 1 Councilmember Moots asked when the signal would be activitated, and Public Works Director Paul Karp said it would be 30 days at the most. Item 16. Southbank Sidewalk Repair There was a discussion of Mr. Karp's Staff Report of November 3, 1986, where he wrote that after a review of the condition of the sidewalks, it was found that a significant amount of the sidewalk must be reconstructed to City design standards. Councilmembers considered whether or not to spend $8,000.00 on the sidewalks. Counc i 1 member ,X)hnson said she \\Ould 1 ike to have livre input and explore other alternatives. On motion of Councilmember Johnson, seconded by Councilmember Moots, and unanimously carried, to table Item 16 and approve Items 7 and 14 as recommended. MOTEL BED TAX City Attorney Art Shaw told the Council that because Proposition 62 had been passed by the voters at the November 4, 1986, election, any new City tax would have to have a two-thirds vote of the Council and a majority vote of the people. He said it would have to be a general fund tax. City Manager Robert Mack said that the Chamber of Commerce is exploring a fee system instead of a tax. HEATHER JENSEN, executive director of the Chamber, said the matter is being researched. Mr. Mack said he will place the item on an agenda in the future when the Chamber requests it. MAYOR SMITH ANNOUNCED THAT AGENDA ITEMS 22 AND 27 HAD BEEN CANCELLED REQUEST TO RECONSTRUCT DUPLEX IN R-1 DISTRICT AT 253 AND 255 CROSS STREET lU PHiLLiPS ot Z" Cross Street asked the Council for a letter indicating that, in the event that the present structure is destroyed, the City would allow a duplex to be rebuilt in an R-1 Zone. There was a discussion of the lending bank's requirements for such a letter. Mr. Phillips said his insurance company has said it could not cover a structure which could not be replaced. After more Council discussion, Planning Director Stan Eisner referred to Section 9-4.2904 of the Loning Ordinance, which he said. may satisfy the lender bank. He read the procedure for rebuilding of a non-conforming use. He said it was put in the Zoning Ordinance by a Council which wanted to review each case on its merits. The Council directed Mr. Eisner to work with Mr. Phillips on the matte~ and for Mr. Phillips to report progress to the Council at it's next meeting, November 25, 1986. PUBLIC HEARING-DRAINAGE IMPROVEMENTS REQUIREMENT FOR WALNUT VIEW ESTATES, LOT SPLIT CASE NO. 85-408, CHERRY AVENUE AT BRANCH MILL ROAD Mr. Shaw said that a year ago last Spring the City Council appealed and considered a Planning Commission decision, in relation to this projec~ granting a four-lot split for the project. He said the Council upheld the appeal and denied the project on four grounds, three of which were found by the Court not to be supported sufficiently by the evidence. He said on August 29, 1986, the Court said it was not satisfied with the record as a whole on the fourth ground I drainage, and sent it back to the Council for reconsideration and clarification so the Court can better understand the drainage problem and whatever decision the Council makes. City Clerk Nancy A. Davis reported to the Council that she had published a Notice of Public Hearing on this matter in the Times-Press-Recorder on November 5, 1986, and had mailed the Notice to 71 property owners living near the property in question on October 31, 1986. She said she had notified the applicants, Coker Ellsworth and Vick Pace, of the Hearing on October 31, 1986. -----~--"..__.~_._- C!TY COUNC I L NOVEMBER 11, 19B6 ARROYO GRANDE, CALIFORNIA PAGE THREE PUBLIC HEARING-DRAINAGE IMPROVEMENT FOR WALNUT VIEW ESTATES Continued Mr. Shaw said that a Court Reporter, Clair B. Trout, was present and transcribin9 the proceedings. He noted that the property owner, Mr. Ellsworth, also was present at the hearing. Mr. Shaw gave the Council a one-page report containing portions of the Court proceedings and asked that it be marked Exhibit "A." He read excerpts from it. Mr. Mack distributed to the Council February 19, 1985, minutes of the Arroyo Grande Planning Commission meeting. Mr. Karp read from his staff report of November 4, 1986, titled "Drainage Improvements for Lot Split Case Number 85-408, Tentative Parcel Map 85-015 (Pace and Ellsworth)." He listed the six recommendations that he thought the Council should consider as minimum require- ments necessary to mitigate drainage concerns. He referred to the Tentative Parcel Map which also showed the places named in his six recommendations. The report was entered into the record as Exhibit "B" and the map as Exhibit "C." After questions of staff by the Council, the Mayor said that all require- ments as provided by law, regarding notification of hearing, had been complied with, and declared the hearing open. MR. ELLSWORTH of 129 Bridge Street asked the Council for a continuance of the matter in order to have time to review the conditions listed by Mr. Karp. He said he needed time to develop the en9ineering plans and cost estimates for the proposed conditions. He said the recommendations could cost more than $100,000, which he said was excessive for four lots. C.S. KUREK of 603 Cherry Avenue said he was appalled by what has happened and what will happen in the future when a group of men or one man can strip the powers of the Council. He said the Council is not stripped of its power and will exert the same on lot sizes. MRS. ALBERT STILWELL of 734 Myrtle Street said the problem with this project is the surrounding environment. She said the Court missed the point and we are not protected from the 100 year storm. She said she hoped this will be clarified. On motion of Councilmember Moots, seconded by Councilmember Johnson, and unanimously carried, to keep the Public Hearing open and continue the item for two weeks to the, next Council meeting on November 25, 1986. It was announced that Mr. Karp's Staff Report is available at the City Hall for the public to read. PUBLIC HEARING-PROPOSED VACATION AND ABANDONMENT OF CERTAIN PORTION OF BRIGHTON AVENUE Mr. Karp referred to his Staff Report of November 4, 1986, titled "Aban- donment of a Portion of Brighton Avenue." He said that on October 14, 1986, the City Council adopted Resolution Number 1999 indicatin9 its intent to abandon a portion of Brighton Avenue. He said if abandonment is executed, the City will retain adequate right of way to construct a standard width street to match the improvements within Grover City adjacent to this proposal. He said the City should reserve an easement for those utilities which may occupy the right of way proposed for abandonment. After Council questions of Staff, the Mayor said that all requirements as provided by law, regarding notification of hearing, had been complied with, and declared the hearing open. JIM MCGILLIS of San Luis Engineering, representing the property owner, asked Mr. Karp if he receives letters from Sonic Cable Television and the City of Grover City would he then drop the utility easement. Mr. Shaw said that the Resolution could say that the utility easement could be released by the City Engineer if not needed. There being no nurther public discussion on the matter, the Mayor declared that portion of the hearing closed. CITY COUNCIL NOVEMBER 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE FOUR PUBLIC HEARING-PROPOSED VACATION AND ABANDONMENT OF PORTION OF BRIGHTON Continued After more discussion, Councilmembers decided that developers of the project should ask the Local Agency Formation Commission to straighten the border between Arroyo Grande and Grover City, which presently runs in a jagged pattern along Brighton, after the recordation of the abandonment. Mr. Karp said that the Resolution should include a clause that indicates that this adoption is contingent on the recordation of a lot split in Grover City. Mr. Karp read the title of the Resolution. On motion of Councilmember Moots, seconded by Councilmember Porter, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE ABANDONMENT OF A SECTION OF BRIGHTON AVENUE (STREETS AND HIGHWAYS CODE SECTION 8323, ET SEQ.) On motion of Councilmember Moots, seconded by Councilmember Johnson, and on the following roll call vote, to wit: AYES: Mayor Smith and Councilmembers Johnson, Moots and Porter NOES: None ABSENT: Councilmember Gallagher the foregoing Resolution was passed and adopted this 11th day of November, 1986. LOPEZ TREATMENT PLANT LIME TREATMENT REPORT Mr. Karp referred to his Staff Report of November 3, 1986, titled, "Hardness Reduction Through Lime Treatment (Lopez Project)." He said that the San Luis Obispo County Engineering Staff has said it could do a feasibility study on reducin9 the hardness of the water through lime treatment on a time- available basis. Mr. Mack asked how much time the County has for this, and said he would not want it to drag on too long. Mr. Karp said this would be discussed at the November 13, 1986 Zone III meeting, which he and Councilmember Porter would be attending. JAMES WAY NUISANCE ABATEMENT COMMITTEE REPORT Councilmember Moots said he, Councilmember Johnson, Mr. Karp and Mr. Mack had gone out to visit 238 James Way to look at the site from all perspectives. He said that they had decided it would be best to leave the road bed as it is at grade and to add street lights to alleviate the sight distance problem. He said the street should be brought up to City Standards on the unimproved side of the stree4 and to install curbs and gutters on the improved side at a later time. Mr. Karp said he understood the developer's proposal now is to constnd the road in phases, to split the Lee lot, and to include the JareS way IlTproverents for the Lauthbury prcperty in the second phase. He said it is his understanding that the Council wants the street lighting to be constructed on at least a timporary basis with Phase 1. SPENCE THOMAS of 141 James Way asked how much time would pass between Phases 1 and 2. Mr. Karp said that the only requirement is that they be desi9ned together. r+. Thanas said there would be more traffic on the road in the near future. On motion of Councilmember Moots, seconded by Councilmember Johnson, and unanimously carried, to give conceptual approval of a profile for James Way between Colina Street and Tally Ho Road, as explained by the committee. With regard to the Nuisance Abatement of 238 James Way, Mayor Smith said that the deadline for completion of the abatement is November 13, 1986. JEFF CARRITHERS OF 2541 Santa Clara Street, San Luis Obispo, representative of the property owner, said that 95 percent of the abatement relates to improve- ment of the street. He said he has been waiting for the plan to be approved ton i ght. . CITY COUNCIL NOVEMBER 11, 1986 ARROYO GRANOE, CALIFORNIA PAGE FIVE JAMES WAY NUISANCE ABATEMENT COMMITTEE REPORT Continued Mr. Shaw said the Council should realize that the 30-day time limit does not require the City to go in immediately to abate the nuisance if the owner does not do so; it is the owner's time limit for going to Court to cha 11 enge the Counc iI's order. After further discussion, on motion of Councilmember Moots, seconded by Councilmember Porter, and unanimously carried, to require that the abatement of the nuisance at 238 James Way be accomplished by November 25, 1986, and that a report be given at the meeting that night of the City Council. Mr. Karp asked if the Council had any objections to his issuing a grading permit in the next few days if plans for the road are finalized. Mr. Mack said an exception to his cutoff ru Ie against further grading until the rainy season ends could be granted in this case. He said measures must be taken to protect the Lauthbury property. PARCEL MAP AG AL 86-205, TALLY HO ROAD, APPROVALS Mr. Karp posted the Parcel Map on the board and referred to his memo of November 3, 1986. After Council discussion, on motion of Councilmember Johnson, seconded by Councilmember Moots, and unanimously carried, found that the Parcel Map AG AL 86-205 is consistent with the conditionally approved tentative map for the project found by the Planning Commission to be consistent with the General Plan and City Zoning, and approved the Parcel Map. SECOND READING DF ORDINANCE REMOVING "SUNSET CLAUSE" FROM MOBILEHOME RENT STABILIZATION CONTROL ORDINANCE Mr. Mack read the title of the proposed Ordinance removing the "Sunset Clause" from Ordinance No. 345 C.S. On motion of Councilmember Johnson, seconded by Councilmember Porter, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. 350 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE MUNICIPAL CODE TO REPEAL THE SUNSET PROVISIONS OF THE MOBILEHOME RENT STABILIZATION ORDINANCE On motion of Councilmember Johnson, seconded by Councilmember Moots, and on the following rol) call vote, to wit: AYES: Mayor Smith and Councilmembers Johnson, Moots and Porter NOES: None ABSENT: Councilmember Gallagher DOWNTOWN PARKING ADVISORY BOARD VACANCY APPOINTMENT No appointments were made. WATER CONSERVATION COMMITTEE APPOINTMENTS Mayor Smith appointed Pete Hagen, representative of Lucia Mar Unified School District, a four-year-termj Alex Woolworth of the Parks and Recreation Commission, a two-year-termj Henry Horwege, a representative-at-Iarge, a four-year-term, and Sab Ikeda, representing agriculture, a two-year-term. WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS In answer to Councilmember Moots, Mr. Karp said the work on the signal light at Mason and Branch Streets will begin in two weeks and should be completed by January 1, 1986. Councilmember Moots said the patch job on Branch Mill Road by the bridge is a poor one, and asked Mr. Karp to speak to San Luis Obispo County (which is responsible for the work) about the matter. '. CITY COUNCIL NOVEMBER 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE SIX ORAL COMMUNICATIONS Continued Mayor Smith asked about the work being done on Bridge Street as part of the Traffic Way Undergrounding and Redesigning Project. Mr. Karp said the pavement should be torn up only three or four days. He said the Council should be aware that the Public Works Department is attempting to have the bridge replaced as federal funds come available. ADJOURNMENT At 9:30 P.M. the meeting was adjourned to 6:30 P.M. Thursday, November 13, 1986, when the City Council will hold a study session regarding the City Property now leased by the Brush Poppers. MAYOR CITY CLERK