Minutes 1986-10-14
CITY COUNCIL OCTOBER 14, 1986
ARROYO GRANOE, CALI FORNI!\ 7:30 P.M.
The City Council met in Regular Session with Mayor Pro Tem Matt Gallagher
presiding. Upon roll call, Councilmembers Johnson, Moots and Porter wer~
present. Mayor B'Ann Smith was absent.
PLEDGE OF ALLEGIANCE AND INVOCATION
Councilmember Porter led the Pledge of Allegiance to our Flag. Council-
member Johnson delivered the invocation.
ORAL COMMUNICATIONS
None
CONSENT AGENDA
1. Minutes of September 9, 1986 (Recommend Approval)
2. Cash Disbursement Ratification & Demand
Registers for August & September, 1986 (Recommend Approval)
3. Statement of Investment Deposits (Inforrllat ion)
4. Third Quarter, 1986, Sales Tax Report (Information)
5. September, 1986, Departmental Report (Information)
6. September 2 and 16, 1986, Planning Commission Report (Inforlllation)
7. October 7, 1986, Planning Commission Answered Agenda (Inforrnat i on)
8. September 11 and October 8, 1986 Parks and Recreation Meeting Notes
(Recolllmend Jack Hill, Gee Gee Soto Appointments to Brush Poppers
Discussions)
Councilmember Moots said he would like to express his approval of the
appointments of Mr. Hill and Mrs. Soto to the Brush Poppers Committee.
9. August 18 and September 15, 1986, Parking and
Traffic COllllllission Minutes (Information)
10. August 28, 1986, Department of Animal Regulation
Meeting Notes (Information)
11. August and September, 1986, SCAT Performance Report (Information)
12. September 3 and 17, 1986 South San Luis Obispo County
Sanitation District Minutes (Information)
13. School Impact Fees Legislation, AB 2926
(Solicit Recommendation of Lucia Mar Unified School District)
14. School District Annual School Fee Report (Information)
15. Proposed Sidewalk Installation, Branch Street Between
Overpass and Stanley, Response from School District (Information)
Councilmember Porter asked for further clarification on this matter,
and City Manager Robert Mack explained that after the Council had expressed
a desire to have sidewalks in this area, he had written to School Superintendent
Robert Hoagland stating this. He also referred to the answering letter from
Nancy Walters, president of the Lucia Mar School District Board of Education.
16. 1987 "Youth-in-Government Day" - January 13, 1987(Recommend Approval)
17. EDD Response to Request for Branch Office in
South County (Information)
C!TY COUNC I L OCTOBER 14, 1986
ARROYO GRANDE, CALIFORNIA PAGE TWO
CONSENT AGENDA Continued
18. Proposed Fish and Game 0 & M Agreement Re. Pismo Lake
Watershed Conservation (Information Only)
19. Tri-County Coastal Cities' Minerals Management Service
OCS Air Quality Request for Caucus Expense (Recommend Payment of
Expense Share)
20. Vision 2000 Announcement of Board Openings (Information)
21. Village Association "Christmas in Village" Approval (Recommend Approval
with Conditions)
Councilmember Johnson said that at the last festival in the City the
paint on the Village lightpoles had been damaged by tape used for decorations.
She recommended that the poles not be decorated during this Harvest Festival,
and the rest of the Council agreed.
22. Village Association 1986 "Firemen's Muster" Approvals
(Refer to Parks and Recreation Commission and City In-
surance Broker for Recommendations)
Councilmember Johnson brought up the matter of the City's Ordinance
prohibiting the serving or consuming of liquor on City property. Parks and
Recreation Director John Keisler said it would be hard to enforce such a ban
at an event of this sort. Mr. Mack said that the City's liability concerned
him and that is why he recommended referring the matter to the insurance
broker. After Council discussion, it was decided to send the matter back to
the Parks and Recreation Commission for discussion.)
23. Resolution Seeking LoCC Support Re Liability Limit
Exposure for Parks and Recreation Facilities \Recommend Adoption)
24. Resolution to Initiate State Disability Insurance
for Certain City Employees (Recommend Adoption)
25. Resolution Establishing Deferred Compensation Plan for
City Employees (Recommend Adoption)
Councilmember Johnson asked if the Deferred Compensation Plan would
be at no cost to the City, and Mr. Mack replied in the affirmative. He said
ICMARC approached employees and wishes to compete with Hartford, which
currently offers a plan to the City. Mr. Mack read the title of the Resolution.
On motion of Councilmember Gallagher, seconded by Councilmember Moots, to dispense
with further reading of the Resolution. On motion by Councilmember Moots,
seconded by Councilmember Johnson, and.on the following roll call vote, to wit:
AYES: Councilmembers Gallagher, Johnson, Moots and Porter
NOES: None
ABSENT: Mayor Smith
the foregoing Resolution was passed and adopted the 14th of October, 1986.
26. Resolution Instructing Police Cooperation with Schools
on Drug/Alcohol Abuse Prevention Plan (Recommend Adoption)
27. Liability Insurance Claim Rejections(Recommend Rejection of Claims)
(A) Patricia Hoskin, Claimant
(B) Christine McDonald, Claimant
(C) Jeana Wiles, Claimant
(D) Buffelina Wiles, Claimant
(E) Raquel Romero, Claimant
(F) Becca Coste II , Claimant
(G) Gemma Garcia, Claimant
C!TY COUNC I L OCTOBER 14, 1986
ARROYO GRANDE, CALIFORNIA PAGE THREE
CONSENT AGENDA Continued
28. Political Campaign Sign Requirements (Information)
Councilmember Porter asked if exceptions to the City's Sign Ordinance
were being made for political campaign signs. Mr. Mack replied that the
Constitution provides a waiver for newspapers and signs so a number of years
ago the City of Arroyo Grande established an ordinance that pertained to
political signs only and provided some kind of control for the signs. He
said the memo is the actual ordinance of the City as it applies to polit'ical
signs. Mr. Eisner said sign height is partially regulated by visual safety.
29. Life Insurance Award of Proposal (Recommend Award to Low Bidder)
30. 50-Gal Chemical Sprayer for Parks - Award of Bid (Recommend Award
to Low Bidder)
31. Le Point Street Widening - Grant Deed Acceptance (Recamend Acceptance)
Councilmember Porter asked for clarification of this matter. Public
Works Director Paul Karp said the deed is a dedication of right of way. He said
this is the first step in a piecemeal acquisition in conformance with the
plan line approved by the City Council after input from the Le Point Street
Committee. He said no curb and gutter will be installed on the southerly
frontage at this time. He said the owner dedicating the parcel will, however,
as a condition to the building permit on his parcel which lies northerly of
Hoosgow Park, construct a portion of curb and gutter adjacent to the existing
rip rap retaining wall.
32. Equipment Trailer - "Surplus" Item (Recommend Trailer as "Surplus
and Transfer to Harvest Festival
Committee)
Councilmembers said they were glad to follow this recommendation.
33. CCCJPA Program Status (Information)
34. Resolution Establishing 2-Hour Parking, Grand Avenue
Between Traffic Way and West City Limits (Recommend Adoption)
Cou~cilmember Johnson said that it would be possible to park four hours
in this zone. Mr. Karp said this was the wish of the Parking and Traffic Com-
mission. Councilmember Moots said he would be in favor of the Resolution as
long as the residents would be allowed to park overnight in the area. Mr.
Mack read the title of the Resolution, and on motion of Councilmember Moots,
seconded by Councilmember Johnson, and unanimously carried, to dispense with
further reading of the Resolution. On motion of Council member Moots and .
seconded by Councilmember Johnson to adopt the Resolution on the following
roll call vote, to wit:
AYES: Councilmembers Gallagher, Johnson, Moots and Porter
NOES: None
ABSENT: Mayor Smith
the foregoing Resolution was passed and adopted on the 14th day of October, 1986.
35. Resolution Establishing Boulevard Stop on Linda
Drive (Recommend Adoption)
36. Street Sweeping Contract Renewal (Recommend Approval)
37. Police Department Radio Equipment and
Accessories Purchase (Recommend Approval)
38. Police Department Electronic Siren Purchase (Recommend Approval)
39. Moved to the end of the Agenda for discussion at that time.
C!TY COUNC I L OCTOBER 14, 1986
ARROYO GRANDE, CALIFORNIA PAGE FOUR
CONSENT AGENDA Continued
40. Resolutions by California Republican Assembly (I nformat ion)
41. Resolution Establishin9 Public Hearin9 Date
for Abandonment of a Portion of Brighton Avenue(Recommend Adoption)
Councilmember Porter asked Mr. Karp for further explanation of this
matter, and Mr. Karp said the street was originally dedicated in the town of
Grover City as a 100 foot right of way. He said when the City of Arroyo Grande
annexed a portion of the town of Grover, the right of way was reduced back to
60 feeL He said this a pensula jutting into the City of Grover City, and the
rest of the street is being abandoned with a reservation for any utilities
that remain.
42. Protective Membrane/DeWater System for Soto
Sports Complex (Recommend Adoption)
43. Pearwood Retention Basin (Recommend Option One
to Initiate Pearwood Basin Excavation)
Councilmember Moots asked for clarification on the options. Mr.
Karp referred to his Staff Report of October 9, 1986, and a map on the easel showing
grading contours. He explained the three options outlined in a memo to him
from Special Projects Engineer Dwayne Chisam.
44. Resolution Adopting Revised City Standard
Specifications and Construction Details (Recommend Adoption)
Councilmember Johnson asked for further explanation of this item. Mr.
Karp said this is the Arerican Public W:Jrks Standard Drainaqe and Specifications for Construction.
He said that all of the City of Arroyo Grande Standards that have been used up
to this point have been incorporated into this book and labeled "AG." He said
the standard specifications are revised periodically by the American Public
Works Association and the City Engineering Department, and these specifications
are the most recent updates.
Consent agenda items were passed and adopted on the follCl.'ling roll call vote, to wit:
AYES: Councilmembers Gallagher, Johnson, Moots and Porter
NOES: None
ABSENT: Mayor Smith
PUBLIC HEARING-PUBLIC NUISANCE DETERMINATION AT 238 JAMES WAY
Mayor Pro Tem Gallagher said that the Notice of Public Hearing had been
duly published and all requirements had been met and the hearing was declared open.
City Attorney Art Shaw said he would indicate to the Council the proper Procedure
for the hearing to determine if a public nuisance exists. He said the City
Engineer had said that the property is not being properly maintained and is in
violation of City ordinances. He said the City Clerk will note in the record
the notices that have been given to all of the property owners. He said the
City Engineer will be sworn and present testimony for the City, and anyone who
wants to give testimony will be sworn in and testify. He said after the con-
clusion of the testimony the City Council will decide if there is a violation
of City ordinances and, if there is a nuisance, order abatement and the
type of work that should be done to abate the nuisance. Sharon McDaniels,
a court reporter from McDaniels Court Reporting of San Luis Obispo, was present
at the meeting to record the procedings.
NOTE: Notice of the hearing to determine if a public nuisance exists
was sent to the property owners, Fred and Patricia Weber of P. O. Box 541,
Koloa, Hawai i 967566 by Certified Mail on September 16, 1986. The prqJi"rt.x was posted
with a Notice of Pu lic Hearing on September 29, 1986. The Notice of Public
Hearing was published in the Times-Press-Recorder Newspaper on September
26, 1986.
Mr. Karp gave a history of the problem at 238 James Way and referred to
his staff report of October 8, 1986, which was lctbeled ctS
C!TY COUNC I L OCTOBER 14, 1986
ARROYO GRANDE, CALIFORNIA PAGE FIVE
PUBLIC HEARING-PUBLIC NUISANCE DETERMINATION AT 238 JAMES WAY Continued
Exhi bit 1. The James Way at Tally Ho Road Plan and Profile Map was
labeled as Exhibit 2, and the Tract 625 James Heights Plan and Profile Map
was labeled as Exhibit 3. On motion of Councilmember Johnson, seconded
by Councilmember Moots, and unanimously carried, to enter into the record
Exhibit 1 and 2, and on motion of Councilmember Moots, seconded by Councilmembel'
Johnson, and unanimously carried, to enter into the record Exhibit 3.
Mayor Pro Tem Gallagher opened the public portion of the hearing and
invited interested parties to speak.
JEFF CARRITHERS of San Luis Obispo, agent for the property owners,
gave his v.iew of tile problem and disputed some of the City Engineer's statements.
He proposed that the Council direct the City Engineer to accept the existing
design originally approved by him in 1978, utilize it for the completion of the
remaining design, and the City share in one-half of the expense of the street
lighting. He additionally proposed to set Oct. 28, 1986, as the date by which
the City Council and the City Engineer would give design approval.
BOB VESSELY of San Luis Obispo, the agent's engineer, said he was not
at the meeting as an advocate for either side but to provide technical infor-
mation. He said the street design has caused problems because it does not
meet design standards. He said driveways on the east side of the street
could be seriously impacted. He said the alternative is to leave the street
the way it is and increase street lighting.
ANDREW DAVID of Arroyo Grande, attorney for Fred and Pat Lauthbury,
owners of a lot adjacent to the one in question, said it is uneconomical for
one property owner to finance the whole street and pay for the realignment of
driveways. He said the City should have done this when it first recognized the
street as "temporary."
SPENCER L. THOMAS of 141 James Way said he believes a hazard and nuisance
do exist on the property, and the problems need to be fixed before the rainy
season. He recommended leaving the street as it is, rather than regrading and
changing the driveways.
Mayor Pro Tem Gallagher called for others to speak and when no one came
forward, he closed the public portion of the Public Hearing.
After discussion of the matter, Councilmembers found that a public
nuisance did exist and ordered its abatement within 30 days. In the resolution
ordering the abatement Councilmembers said that the matter should be resolved
as expeditiously as possible due to, 1. Lack of approved permits for projects
commenced at 238 James Way, and 2. Proximity of the rainy season with the
possibility of substantial erosion. llir. Shaw read the tit 1 e of the j'eso 1 ut ion.
On motion of Councilmember Johnson, seconded by Councilmember Moots, and
unanimously carried to dispense with further reading of the resolution.
RESOLUTION NO. 2001
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE FINDING A PUBLIC
NUISANCE AND ORDERING ABATEMENT THEREOF
AT 238 JAMES WAY
On motion of Counci lmember Moots,seconded by Counci lmember Jollnson, and
on the following roll call vote, to wit:
AYES: Councilmembers Gallagher, Johnson, Moots and Porter
NOES: None
ABSENT: Mayor Smith
the foregoing resolution was passed and adopted this 14th day of October, 1986.
C!TY COUNC I L OCTOBER 14, 1986
ARROYO GRANDE, CALIFORNIA PAGE SIX
PUBLI C HEAR I NG-
PU~lIC HeARING-PUBLIC NUISANCE DETERMINATION AT 238 JAMES WAY Continued
Councilmember Johnson suggested that a subcommittee be formed by the
Council to work with City staff and the developers of the property on
James Way to study the problem of the street grade and bring the findings
back to the Council. Councilmembers Johnson and Moots were named to serve
on the committee.
PUBLIC HEARING-
APPeAL O~ PLANNING COMMISSION'S DENIAL OF TENTATIVE MAP, TRACT 1419-ARNO LASCAR I
Planning Director Stanley Eisner'said this item is an appeal of a
Planning Commission denial of a Tentative Tract Map. He said the request
to the Planning Commission was to create a six-lot subdivision. He said the
first three lots were created by a previous City action. He said that the
major issue for the Planning Commission was the map conflict with Chapter
66474 of the Government Code (Subdivision Map Act). He said the City staff
recommended that the Planning Commission had no option but to deny this
request because of seven reasons listed in the Transmittal of Planning
Commission Action - the item did not meet the zoning, the General Plan or
several of the provisions of the Subdivision Ordinance of the City. He said
Mr. Lascari filed an appeal and since then has begun to develop an alternative
plan for the site.
After Council questions of Staff, Mayor Pro Tem Gallagher said the
Notice of Public Hearing had been duly published and all requirements had been
met and the hearing was declared open:
ARNO LASCARI of 1062 Maple Street explained his alternative proposal to
the Council and asked for some indication as to its feelings about such a
project.
FERNE SCHLICHT of 1024 Maple Street said she favors the proposal and
would definitely want single family dwellings. She said she thinks most of
the neighborhood approves of the project.
Mayor Pro Tem Gallagher said he was optimistic about the new proposal,
that it has a lot going for it, but that it would have to go before the
Planning Commission again. Councilmember Moots said he would favor working
with the new plan. Councilmember Johnson said the new plan is one she would
consider. Councilmember Porter said he did not like the old plan and so
would favor working with the new plan.
Mr. Lascari said on that basis he would withdraw his appeal. Mr.
Shaw said for the record that the consensus of the Council is without
prejudice and therefore some of the fees. might be weighed.
PUBLI C HEAR I NG-
APPeAL O~ PLANNING COMMISSION'S DENIAL OF MINOR SUBDIVISION-PASEO STREET-BRENIZER
Mr. Eisner said this is an appeal of a procedural matter. He said the
applicant submitted a lot line adjustment for review by the Planning Commission,
which found that the proposal should be resubmitted as a parcel map. He said
the applicants and their attorney asked that the City Attorney consider the
matter for interpretation. He said the City Attorney found thata'lot line
adjustment was an inappropriate procedure and the Planning Commission denied the
Lot Line Adjustment of 4 Lots.
Mayor Pro Tem Gallagher said the Notice of Public Hearing had been duly
published and all requirements had been met and the hearing was declared open.
HAP BRENIZER of Grover City said that this project had gone on for two
years and has been very costly. He said the four lots are legal lots and this
matter is a lot line Adjustment.
Mr. Eisner and Mr. Shaw said that the lots are legal non-conforming
lots, but to approve a lot line adjustment for the lots would be an action to in-
crease the degree of nonconformity as outlined in the Staff Report dated
September 16, 1986.
CITY COUNCIL OCTOBER 14, 1986
ARROYO GRANDE, CALIFORNIA PAGE SEVEN
PUBLI C HEAR I NG-
APPEAL OF PLANNING COMMISSION'S DENIAL OF MINOR SUBDIVISION-PASEO STREET-Continued
Mayor Pro Tem Gallagher called for others to speak and when no one came
forward closed the public portion of the Public Hearing.
Councilmembers discussed the matter and felt that this was not a Lot
Line Adjustment. Councilmember Moots said this is a procedural matter and
he would look more favorably at a Parcel Map procedure. On motion of
Councilmember Johnson, seconded by Councilmember Porter, and unanimously
carried, to deny the appeal.
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT PLANT EXPANSION
John Wallace, administrator of the South San Luis Obispo County
Sanitation District, spoke to the Council about the new plant to be built
in the near future. He showed slides of the present plant, which he said
is running 95 percent of capacity. He said the new plant will cost close
to $4 mi 11 i on. He said construction will begin approximately October 27,
1986.
ELLA HONEYCUTT of 560 Oak Hill Road told the Council about a
waste-treatment breakthrough in the City of Santee, where sewage waste
is turned into saleable products - clean water and lightweight aggregate
for concrete blocks and other masonry products, including roofing tiles.
She asked what happened to the "pay-as-you-go" sewer plant?
REQUEST TO EXTEND THE MDBILEHOME RENT STABILIZATION ORDINANCE
BERNIE BURKE, chairman of the Lease Negotiating Committee, GSMOL Chapter
951, referred to his September 24, 1986, letter to Mayor Smith and asked the
Council to extend the Mobilehome Rent Stabilization Ordinance for three years
or make it a permanent ordinance.
MELVIN JOHNSON, owner of the Vagabond Mobilehome Park in Arroyo Grande,
said that with seven months to run before the pres~nt Ordinance will exp'ire,
he sees no justification in extending the Ordinance at this time.
MARK MILLIS of 330 Corona Del Terra said he feels that the Ordinance
is a good one, but that the "sunset provision" should be repealed.
Councilmember Moots said the Council should just remove the "sunset
clause" Sec. 5-16.06 from the Ordinance. Other Councilmembers agreed. On
motion of Councilmember Moots, seconded by Councilmember Johnson, and unanimously
approved, to remove the "Sunset Clause" 'from the Mobilehome Rent Stabilization
Ordinance No. 345 C.S. Mr. Shaw said he would prepare the ordinance amend-
ment and the first reading will be at the next Council meeting, October 28,
1986.
HODGES ROAD HOMEOWNERS' CONCERNS
GREG SOUTHCOTT of 1011 Hodges referred to his letter to the Council of
October 5, 1986, expressing concern about erosion of lots in Tract 1149, which would
result in drainage to their land if the rainy season should begin before drainage
and gradi ng imp;ovements can be made. He asked the Council to cOllsider the fOu~ P9ints
listea in the let r wilich included a muest to rezone the tract to prohibit livestock I'Allch
could aggravate erosion problems .
HARRY SMALL of 1007 Hodges Road said he has a serious erosion and
drainage problem on his property. He asked for City help in repairing the
cracked drainage ditch in his yard.
Mr. Karp said the ditch does need considerable repair and Reuben Kvidt,
developer of Oak Park Acres, would be required to put the ditch in serviceable
condition.or he cannot drain the new tract upstream through the ditch.
REUBEN KVIDT said he is concerned about the problem and has been working
to improve the drainage ditches. He said he would be seeding the hills and
then sprayin9 them with Hydromulch. He said rezoning the area would be a
C!TY COUNC I L OCTOBER 14, 1986
ARROYO GRANDE, CALIFORNIA PAGE EIGHT
HODGES ROAD HOMEOWNERS'CONCERNS Continued
substantial loss for him and if the City did so he would have to ask the City
or homeowners to reimburse him. He said if the homeowners or the City has
doubts about the adequacy of what he is doing he would be willing to get an
outside engineer to give an unbiased opinion.
Councilmembers discussed the matter further. Mr. Southcott asked the
Council to adopt the four points in his letter. Mr. Mack said that the
Planning Commission would have to deal with any rezoning matter first. He
said as far as the drainage conditions goes it is his understanding that
everyone is in accord. Mr. Karp said that siltation is a major
concern and he will want to see the grading plans onmost lots. He said
he would always listen and look if a problem is brought to him.
PURCHASE OF RANCHO GRANDE PARK SITE
Mr. Mack referred to his memo of October 9, 1986, and explained that
the City has an opportunity to acquire, in lieu of park fees, 5.27 acres and
$43,075 in curb, gutter, paving, street tree and other improvements,and to
purchase 4.73 acres at $45,000 per acre, for a park site in Rancho Grande
development. He recommended that the Council approve the negotiated purchase
with conditions listed in his memo.
After Council discussion, on motion of Councilmember Johnson, seconded
by Councilmember Porter, and unanimously carried to approve Mr. Mack's recom-
mendations with the conditions. Mr. Mack said purchase/sales agreement and
budget transfers will be placed on the next consent agenda October 2B, 1986.
TERRA DE ORO PARK MASTER PLAN ADOPTION
Parks and Recreation Director John Keisler described the plan for
Terra de Oro Park, and asked the Council to approve the concept as a master
plan. On motion of Councilmember Johnson, seconded by Councilmember Moots,
and unanimously carried, to give conceptual approval of the master plan for
the park.
TRAFFIC WAY CONSTRUCTION STATUS REPORT
Mr. Karp said all of the main sewer line is complete and all of the lateral
ties in Traffic Way are complete. He said the last laterals remain on Bridge -
the sewer ditch to be paved on Friday. He said the underground utility jOb
is 40 percent complete, three or four weeks of work remain, and sidewalks will
be repaired concurrent with work. He said street paving will be completed in
about three weeks.
LOT SPLIT - 513 MAY STREET, CASE NO. 85-409
Mr. Karp referred to the Parcel Map and explained the background on this
matter. He recommended approval with thefindingslisted in his memo of October
9, 1986. On motion of Councilmember Moots, seconded by Councilmember Johnson
and unanimously carried, to approve Lot Split Case Number 85-409, Parcel Map
85-018, 513 May Street.
ADJOURNMENT
On motion of Councilmember Porter, seconded by Councilmember Johnson,
and unanimously carried, to adjourn the meeting at 12:34 A.M.
MAYOR PRO TEM MATTHEW P. GALLAGHER, JR.
ATTEST:
CITY CLERK