Minutes 1986-10-28
CITY COUNC I L OCTOBER 28, 1986
ARROYO GRANDE, CALIFORNIA 7:30 P.M.
The City Council met in regular session with Mayor B'Ann Smith presiding.
Upon roll call, Councilmembers Matt Gallagher, Dorace Johnson, Gene Moots and
D. G. Porter were present.
PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Porter led the Pledge of Allegiance to our Flag; and
immediately thereafter, Councilmember Johnson delivered the invocation.
ORAL COMMUNICATIONS
ED PHILLIPS of 255 Cross Street said he lives in a legal non-conforming
duplex in an R-1 Zone and is seeking a loan from a bank to improve the structure.
He asked the Council for a letter to the bank saying that in the event of
a fire or a flood when the structure was destroyed that the duplex could be
rebuilt. Mayor Smith said this was something the Council would have to take
under advisement. The items was continued to the next meeting, November 11,
1986.
EXPRESSION OF THANKS
Mayor Smith expressed her thanks for the calls, cards, flowers and letters
during her recent illness.
CONSENT AGENDA
On motion of Councilmember Gallagher, seconded by Councilmember Johnson,
and unanimously carried, to approve Consent Agenda Items 1 through 16.
1. Minutes of October 14, 1986 (Recoomend Approval)
2. Cash Disburserrent Ratification &. DeJllUld Registers (ReconIDend Approval)
for September and October, 1986
3. Proclmnation for Red Qoss C:ampaign Support (ReconIDendMayor
Proclaim)
4. Proclamation - November, 1986 "Hospice Month" (Recoomend Mayor
Proclaim)
5. October 21, 1986 Planning COmnission Minutes (Information)
6. October 16, 1986 Doli>l1town Parking Advisory Board Minutes (Informatxm)
7. Request by Parks and Recreation Cbnmission to Develop
Historical Preservation EJement of General Plan and
Update Existing Parks and Recreation Element (Recoammd Approval)
8. October l, 1986 South San Luis Obispo County
Sanitation District Minutes (Information)
9. League of California aties' Legislative Bulletins
Nos. 30 and 31 (Information)
10. League of California aties' Board of Directors' Highlights (Information)
11. Liability Insurance CIBim Rejection - Jamie D.
Farias, Oaimant (ReconIDend Rejection
of CIBim)
l2. Sump Purrp Installation Including Electrical, Soto
Sports Coot>lex, Basin Three, Award of Bid (Reconmend Low Bid
Award)
13. Micro-Fontonics Film Reader/Printer Purchase (ReconIDend Purchase)
14. Photocopy Machine Purchase with Maintenance Agreement (ReconIDepa Approval)
l5. Oak Park Median Landscape Award of Bid (Reconmend Low Bid)
l6. Traffic Way Sewer ImproveIrents Progress Payment No. 1 (ReconIDend Approval)
C!TY COUNC I L OCTOBER 28, 1986
ARROYO GRANDE, CALIFORNIA PAGE TWO
CONSENT AGENDA Continued
17. Rancho Grande Park Site Acquisition
Councilmember Porter asked for further clarification of this item.
City Manager Robert Mack explained that included in the agenda packet was
a purchase/sales agreement, a resolution authorizing the Mayor to execute,
budget amendments and a resolution applying for grant funds.
18. Resolution-Deposit City Funds in Local Agency Investment Fund
Councilmember Porter asked for clarification of this item, and Mr.
Mack said these monies are co-mingled with State money in order to achieve
a higher interest rate. He said Finance Director David Bacon had requested
that the Council pass this resolution which authorizes the Finance Director,
the City Manager and the City Treasurer to disposit or withdraw monies from
the Fund on behalf of the City.
On mot i on of Council member Johnson, seconded by Counc i lmember Porter,
and on the following vote to approve Consent Agenda Items 17 and 18:
AYES: Mayor Smith and Councilmembers Gallagher, Johnson, Moots and
Porter.
NOES: None
ABSENT: None
FIRST READING OF ORDINANCE REMOVING "SUNSET CLAUSE" FROM MOBILEHOME RENT
STABILIZATION CONTROL ORDINANCE
City Attorney Art Shaw read the title of the proposed ordinance; there-
after, a motion was made by Councilmember Gallagher, seconded by Councilmember
Moots, and unanimously carried, to dispense with reading the balance of this
ordinance. Mayor Smith said that constituted the first reading of the ordinance.
ARROYO GRANDE CHAMBER OF COMMERCE'S REQUEST FOR ADDITIONAL 1% BED TAX INCREASE
Mayor Smith stated that Mr. Moots and Mr. Mack had both declared conflict
of interests on this matter due to their officerships with the Chamber of Commerce.
JIM MCGILLIS, Chamber of Commerce President, explained that the increase
in the bed tax would generate $20,000 to be used exclusively for the promotion
of Arroyo Grande through professionally produced brochures and to fund Arroyo
Grande's contribution to the San Luis Obispo County Visitor and Convention
Bureau.
Also present and speaking in favor of the increase were HEATHER JENSEN,
Executive Manager of the Chamber; DAVID GARTH, Executive Manager of the San
Luis Obispo Chamber; JOHNI EYLER, Director of the San Luis Obispo County Visitor
and Convention Bureau.
After Council discussion, which reflected agreement that tourism is a
clean souce to increase business for the City, City Attorney Shaw pointed
out to the Council that according to Supreme Court guidelines, the Council
cannot adopt an ordinance increasing taxes and then direct where the funds should go.
He said that is a special tax and requires a two-thirds voter approval. He
said the funds could be put into the City's General Fund and made available for
Council budgeting. City Manager Robert Mack pointed out that the Chamber
proposal is for the $20,000 raised by the proposed tax,in addition to the
current level of funding the City already provides. Mr. Shaw recommended that
the Council refer the proposal to the City Staff to draw up an ordinance.
Mr. Mack said the Staff also would be bringing to the Council in the future
a proposed agreement between the City and the Chamber.
On motion of Councilmember Johnson, seconded by Councilmember Gallagher,
to grant the request of the Chamber of Commerce to add a 1% increase in the
City's bed tax ordinance. Mayor Smith and Councilmembers Gallagher, Johnson
and Porter voted aye, and Councilmember Moots abstained.
PUBLIC HEARING-AGRICULTURAL DISTRICTS-ZONE ORDINANCE AMENDMENTS
City Attorney Shaw asked the Council to continue this item to the first
meeting in December, 1986. On motion of Councilmember Gallagher, seconded by
Councilmember Johnaon, and unanimously carried, to continued the item to
December 9, 1986.
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CITY COUNC I L OCTOBER 28, 1986
ARROYO GRANDE, CALIFORNIA PAGE THREE
PROPOSED USE PERMIT NO. 86-414, ARROYO GRANDE INVESTMENT COMPANY/VOLUME SHOE STORE
Planning Director Stanley Eisner referred to his Transmittal of Plannin9
Commission Action saying it was a request for construction of additional storage
space at 1550 W. Branch Street, Oak Park Plaza. After Council questions of
staff, Mayor said that all requirements as provided by law, regarding notification
of hearing, had been complied with, and opened the public portion of the public
hearing.
REUBEN KVID~ developer of Oak Park Acres, expressed his approval of the
expansion to provide for accommodation of a larger quantity of shoes.
There being no further pUblic discussion on the matter, Mayor Smith declared
the public portion of the hearing closed.
After Council discussion reflecting approval of the expansion, on motion
of Councilmember Johnson, seconded by Councilmember Moots, and unanimously
carried, to grant the request for the Use Permit No. 86-414.
USE PERMIT CASE NO. 85-397, FILER CONSTRUCTION CO. I MEXICAN RESTAURANT, EXTENSION
Planning Director Eisner referred to his Transmittal of Planning Commission
Action sayin9 this is a request for one-year extension on a previously approved
Conditional Use Permit (Case No. 85-397) and accompanying Architectural Review
for a Mexican restaurant at the corner of West Branch Street and Camino Mercado.
He said there were no changes from the original plans. On motion of Councilmember
Gallagher, seconded by Councilmember Moots, and unanimously carried, to grant
the one-year extension of the Use Permit No. 85-397.
Acting on a suggestion of the City Manager, Mayor Smith directed the Staff
to write a letter to the applicant granting the time extension of the Use Permit
and asking that the hillside location be sprayed to control erosion of the soil.
DIXSON MEMORIAL WALKWAY CONSTRUCTION AWARD OF BID
Planning Director Eisner referred to his staff report of October 17, 1986,
and recommended that the low bid submitted by Nick E. POkrajac be accepted. He
said that the necessary funds needed to proceed with the project will
have to be transferred from the City Reserve Balance Account funded by the downtown
parking assessments.
On motion of Councilmember Johnson, seconded by Councilmember Porter,
and unanimously carried to accept the low bid of $29,638 by Nick E. Pokrajac.
REQUEST FOR PASEO STREET DEVELOPMENT STUDY SESSION
Mayor Smith read the letter from Hap Brenizer requesting that the Council
schedule a study session to resolve problems which he said had caused the two
year delay of his 14-10t project on Paseo Street.
Councilmembers Moots and Porter .said they would be wi 11ing to meet with
Mr. Brenizer. Mayor Smith and Councilmembers Gallagher and Johnson said they
felt the Council had already given direction to Mr. Brenizer, had spent hours
and hours in discussion with him, and that now he should follow City procedure.
On motion of Councilmember Gallagher, seconded by Councilmember Johnson,
to deny the request for the study session and to ask Mr. 8renizer to bring
back any new proposals to the Planning Commission. Mayor Smith and Councilmembers
Gallagher, Johnson and Moots voted aye, and Councilmember Porter voted no.
PARCEL MAP AG 86-155 APPROVALS
On motion of Councilmember Johnson, seconded by Councilmember Moots, and
unanimously carried to grant the approval of Lot Split Case Number 86-433,
Parcel Map AG 86-155 (Townsend), with the Staff Recommendations, which included
1. That the City Council find that the Parcel Map AG 86-155 is consistent with
the conditionally approved tentative map found by the Planning Commission to
be consistent with the General Plan and City Zoning, 2. That the conditions of
approval are prerequisites to the orderly development of the area, and 3. That
the City Council accept on behalf of the public the easements dedicated for
street trees.
PINE STREET CURB AND GUTTER APPROVALS
Public Works Director Paul Karp referred to his Staff Report of October
22, 1986, and recommended that the Council review the two proposals for instal-
lation of curb and gutter on Pine Street in the vicinity of the Landmark Tree
CITY COUNCIL OCTOBER 28, 1986
ARROYO GRANDE, CALIFORNIA PAGE FOUR
PINE STREET CURB AND GUTTERS APPROVALS Continued
No. 29, and direct the Staff with regard to which proposal the Council prefers
for the installations. He referred the Council to the designs "A" and "B"
attached to the Staff Report.
After Council discussion, on motion of Councilmember Gallagher, seconded
by Councilmember Johnson, and unanimously carried, to approve Plan "A."
DOWNTOWN PARKING ADVISORY BOARD VACANCY APPOINTMENTS
Mayor Smith asked that this item be continued to the next meeting, and
the Council consented.
WATER CONSERVATION COMMITTEE APPOINTMENTS"
Mayor Smith appointed to four-year terms on the Water Conservation
Committee, Bill Sommermeyer, home construction representative, and Dwayne
Chisam, City Staff representative.. She appointed Reuben Kvidt, representative-
at-large, to a two-year term. She said there will be further appointments
of representatives of the Lucia Mar School District, the Parks and Recreation
Commission and the agricultural community. She said these appointments will
be announced at the next meeting of the Council.
WRITTEN COMMUNICATIONS
Councilmembers heard a request in the form of a letter from Garold
B. Thurman of 294 Tally Ho Road. Mr. Thurman asked that the City charges
for installation of curb and gutter at his home be spread over at least
10 years and added to his property tax. Councilmembers asked the City
Staff to work on a solution to Mr. Thurman's problem and come back to the
Council.
ORAL COMMUNICATIONS
Referring to the South Bank property the City has purchased as a site
for a new civic center, Councilmember Gallagher and Mayor Smith asked that
City Staff repair any broken sidewalks, generally police the area, and improve
its appearance. City Manager Mack said the sidewalk damage was due to
"time" as well as house-moving equipment.
Councilmember Moots asked that the Council send a formal letter to the
State Department of Water Resources stating that reclaimed water should be included
in the Environmental Impact Report which should be done in conjunction with the State Water
Project in this area. On motion of Councilmember Porter, seconded by Council-
member Moots, and unanimously carried, to approve the recommendation.
City Attorney Shaw introduced from the audience Michael LeSage, a fellow
attorney who is a candidate for State office.
Elaine Wohl, Times-Press-Recorder reporter, announced that she would
be leaving the area to accept a new position with a Ventura Newspaper, and
Councilmembers wished her well.
ADJOURNMENT TO CLOSED SESSION
Councilmembers adjourned to a Closed Session at 8:58 P.M.
RECONVENEMENT AND ADJOURNMENT
Councilmembers reconvened at 10:01 P.M. and immediately adjourned.
MAYOR
ATTEST:
CITY CLERK