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Minutes 1986-02-11 - CITY COUNCIL FEBRUARY 11, 1986 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor B'Ann Smith presiding. Upon roll call, Council Members Matt Gallagher, Dorace Johnson, Gene Moots and D. G. Porter were present. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Johnson led the Pledge of Allegiance to our flag. Council Member Moots delivered the invocation. ORAL COMMUNICATIONS None CONSENT AGENDA Council Member Porter withdrew Item 16 for discussion. On motion of Council Member Johnson, seconded by Council Member Gallagher, and unanimously carried, to approve Consent Agenda Items 1 through 15 and 17. L January 21, 1986 and January 27, 1986 Council Minutes (Reconmend Approval) 1.. Demand Registers (Reconmend Approval) 3. January, 1986 Deposit Report (Information) 4. January, 1986 Departmental Report (Information) 5. February 4, 1986 Planning Comnission Answered Agenda (Information) 6. February 12, 1986 Council Study Session Notice (Information) 7. Council Members' and Coamissioners' List (Information) 8. December, 1985 SCAT Monthly Report (Information) 9. December, 1985 Runabout Monthly Report (Information) \ 10. Jul" 1 to December 31, 1985 Animal Regulation Report (Information 11. League of California Cities' Legislative Bulletin Nos. 3 &: 4-1986 . (Information) 11.. League of California Cities' Owmel Counties' Division Quarterly Meeting, Port Hueneme, February 21, 1986 (Information) 13. Cwnber of Coamerce Liability Article (Information) 14. Cwnber of Conmerce New Schools Article (Information) 15. Citizen's Transportation Advisory Comnittee Vacancy Notice (Information) 17. Resolution Permitting Free-Standing Sign at 555 Camino Mercado, Easy-8 Motels, Inc. (Reconmend Adoption) .- ~ CITY COUNCIL FEfRUPRY 1JG: 1986 ARROYO GRANDE P ThO . CONSENT AGENDA Continued 16. Satellite Dish Antenna Ordinance Report Mr. Porter asked if the City could control the height and placement of Satellite Dish Antennas on City lots. City Attorney Art Shaw answered that it was his understanding from an article on a recent Supreme Court decision, which appeared in the los Angeles Times, that the City could regulate height and placement. Mayor Smith said that the league of California Cities legislative Bulletin also contained an article on the Satellite Dish Antenna Court decision. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to approve Item 16 of the Consent Agenda. GENERAL PLAN CIRCULATION ELEMENT Planning Director Stanley Eisner referred to the revised draft of the Circulation Element and said that the element was being updated to meet the requirements of the California State Planning Law, and will take into account goals and objectives of the City of Arroyo Grande. He referred to the January Study Session and said that Council directives had been incorporated into the draft. He asked the Council to set a Public Hearing Date for the element. Mayor Smith questioned Mr~~~er about two roads A~ omendeJ on Fig. 7.1 (Map) and he repli~ ~~t~hey were Road, an extension of Valley Road to Bell Street, Wn ~ ad dealing with a subdivision known by The City as Grande Highlands. Mayor Smith said she objected to showing on the map Co~nl-jl ~ J.5"/g~ Ranch Road going across prime farm land. She said she does not want to show the road even with an explanation that its development is not planned at this time. She said that another reason she wants the extension not to be shown is that it has been deleted from the Regional Transportation Plan. Council Member Johnson also said she would like to see the extension off the map entirely. Public Works Director Paul Karp said that unless . this extension is on the General Plan the Planning Commission cannot require the reservations and dedications with future development. He said he was concerned especially about the Highway Service Zone on Grand Avenue. Mayor Smith said this item should be brought up again at the Public Hearing. Council Member Gallagher said he would like to see all the figure maps blown up. Mr. Eisner said he would do that and also use the overhead projector. Council Member Johnson said she was concerned that the Circulation Element would give the Police Department enough power to control truck parking on City streets. Mr. Eisner said the Planning Department also is going to do a highway safety study for the City. Council Member Johnson also asked about overnight parking in residential areas, and Mr. Eisner said that would have to be further developed also. Mayor Smith asked for the Public Hearing to be set in two weeks. SOTO PARK COMPLEX RESTROOM, PARKING lOT AND FENCING AWARD OF BID Park and Recreation Director John Keisler said the Staff is requesting City Council approval to award the So to Park Complex restroom, parking lot and fencing bid to low bidder, D. W. Peterson, for a total contract price of $92,000.00. He said there were seven bidders, and the bids ranged from $92,000.00 to $123,000.00. He said this is bond money and is budgeted, and this will complete another part of the collage at Soto Park. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried to approve the Staff recommendation. UNWANTED VEHICLE DISPOSAL CAMPAIGN Police Chief Jim Clark said that both the Police and Planning Departments respond to citizen complaints regarding inoperable vehicles in public rights of way and on private lots. He said laws exist to balance the rights of vehicle owners and offended neighbors, but these laws are costly in public funds to enforce through both departments. He said the Staffs would like ~ . CITY COUNCIL FEBRUARY 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE THREE UNWANTED VEHICLE DISPOSAL CAMPAIGN Continued to promote the reduction of these vehicles by encouraging vehicle owners to dispose of the vehicles voluntarily before neighbors complain and before City enforcement is required. He said two towing companies in the City have agreed to haul away any vehicle from street or lot at no cost to owner or City if it can be towed without preparation and the pink slip is provided by the owner; otherwise, a $10.00 charge must be paid by the vehicle owner. The Chief said an advertising and promotion campaign will take place, and the plan will be cost effective for the City. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to authorize an advertising campaign not to exceed $1,000.00 in cost to promote a voluntary unwanted vehicle disposal plan. Chief Clark said he expected the campaign might clear from one to two dozen unwanted vehicles. DIAMOND JUBILEE REPORT Mayor Smith explained the Historical Project which includes assembling photographs of all former Council Members and Mayors for a display in the Council Chambers building. She said reproductions costs are approximately $18.00 each, with printing cost additional. She said there would be a Friendship Tree presented to the City from Grover City. She said Diamond Jubilee Belt Buckles are being sold by the committee. She said sponsorships for Diamond Jubilee activities are being sold for $100.00 to private business firms, other cities and individuals. She said the Harvest Festival Button will show the Diamond Jubilee symbol, and there will be an official Diamond Jubilee Dinner celebration at 6:30 P.M. Saturday, July 12, 1986, at the County Regional Center. She said Katcho Achadjian is Diamond Jubilee chairman. Council Members felt the historic photograph project was too expensive to be funded by the City. On motion of Council Member Moots, seconded by Council Member Gallagher, and unanimously carried, to approve the sponsorship of $100.00 by the City for Diamond Jubilee Activities. PUBLIC HEARING-PROPOSED RATE INCREASE FOR TRASH COLLECTION SERVICES BY SOUTH COUNTY SANITARY SERVICE, INC. Mayor Smith referred to City Manager Robert Mack's February 3, 1986, report on Disposal Service Rates, and said the rate increase proposed provides for an approximately seventeen per cent increase on March 1, 1986, and an additional approximate seventeen per cent increase on May 1, 1987. She said the proposed rates for Arroyo Grande are identical to rates proposed by South County Sanitary Service, Inc., for Pismo Beach and Grover City. She explained the "Blue Bag" service in paragraph 20 of the Agreement. After Council questions, Mayor Smith said the Notice of Public Hearing had been duly published and all requirements met for this public hearing and invited the public to address the Council. When no one came forward she declared the public hearing closed. Council Member Gallagher asked that since there would be no further rate increases until 1989 that "to December 31, 1988," be added in the third line of parapraph four, Page 1 of the Agreement, and "through December 31, 1988," be added to the title "SCHEDULE B (May 1, 1987," of Page 2 of the agreement. Finance Director David Bacon read the title of the resolution. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried to dispense with further reading of the resolution. RESOLUTION NO. 1933 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING NEW AND AMENDING CURRENT DISPOSAL SERVICE FRANCHISE AGREEMENT RATES, EFFECTIVE MARCH 1, 1986 i -~ CITY COUNCIL FEBRUARY 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE FOUR PUBLIC HEARING-TRASH COLLECTION RATE INCREASE Continued On motion of Council Member Galla9her, seconded by Council Member Moots, and on the followin9 roll call vote, to wit: AYES: Mayor Smith and Council Members Gallagher, Johnson, Moots and Porter NOES: None ABSENT: None the foregoing Resolution was passed and adopted on the 11th day of February, 1986. PUBLIC HEARING-MODIFICATION OF ZONING ORDINANCE BY CHANGING THE TITLE OF THE C-N DISTRICT TO C-1 ZONING DISTRICT, CREATING A NEW DISTRICT ENTITLED C-2, GENERAL COMMERCIAL, AND ESTABLISHING STANDARDS; AND CHANGING THE TITLE OF THE H-S DISTRICT TO C-3 DISTRICT AND CHANGING STANDARDS IN THE C-3 DISTRICT; AND MAPPING PROPERTIES FOR C-2 and C-3 DISTRICTS Mr. Eisner referred to the January 31, 1986, Public Hearing Notice published in the Times-Press-Recorder Newspaper and read the paragraph which said that "Under Sec. 9-4.1403, all references to 'General Offices, Professional Offices, Banks and Savings and Loan Offices' have been deleted." He referred to his staff report of February 6, 1986, which pointed out section by section and line by line all the changes between the first commercial zone advertisement and the final ordinance. After questions from the Council, Mayor Smith said the Notice of Public Hearing had been duly published and all requirements met for this public hearing and invited the public to address the Council. MARIE CATTOIR, 195 Orchid Lane, spoke against deleting general offices, etc., from the Highway Service Zone. She said travelers coming from the highway also need to use banks and general office-type buildings. She said she was speaking for several other property owners on Traffic Way. She said that if there was a misunderstanding in the legal notice, the correction should have been made at that point. Mayor Smith called for others to speak; when no one came forward the public hearing was closed. Mayor Smith asked where the C-3 District on Traffic Way was. Mr. Eisner said it goes from the Traffic Way off-ramp at the South end of town up to the two car agencies slightly north of Fair Oaks. He said there also is a pocket at the off ramp at Grand Avenue but not including the Bank of America. He said there also is an area including Highway Service uses on Grand Avenue extending along Bennett to Halcyon Road. He said the Planning Commission is concerned about office uses not adding to the general commercial and retail revenue of the City. The Mayor and Council Members agreed with the philosophy of the proposed ordinance and said that services relative to the highway should be at the highway, that the C-3 Zone should be strengthened, that prime commercial property is being misused and the land could be generating more sales taxes. Mr. Porter asked if that under C-2 zoning service stations were allowed. Mr. Eisner said "no" but there will be legal non-conforming uses throughout the C-2 after the adoption of the ordinance, and as long as the type of business does not change the non-conforming use can remain. Mr. Eisner read the title of the Ordinance. On motion of Council Member Gallagher, seconded by Council Member Johnson, to dispense with further reading of the ordinance. ORDINANCE NO. 340 AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING SECTIONS 9-4.1201 THROUGH 9-4.1213, "NEIGHBORHOOD COMMERCIAL: (TITLE ONLY)"; REPEALING ARTICLE 14 IN ITS ENTIRETY; AND ADDING ARTICLE 13A, "GENERAL COMMERCIAL OR C-2 DISTRICT" AND ARTICLE 14, "HIGHWAY SERVICE OR C-3 DISTRICT"; AND AMENDING THE ZONING MAP On motion of Council Member Gallagher, seconded by Council Member Johnson, and on the following roll call vote, to wit: ~ cITy COUNCIL . FEBRUARY 11, 1986 ARROYO GRANOE, CALIFORNIA PAGE FIVE PUBLIC HEARING-COMMERCIAL ZONING Continued AYES: Mayor Smith and Council Members Galla9her, Johnson, Moots and Porter NOES: None ABSENT: None the foregoing Ordinance was passed and adopted the 11th day of February, 1986. Mr. Eisner acknowledged the outstanding work of Associate Planner Peter Rosen on the foregoing Ordinance. ARCHITECTURAL REVIEW CASES NO. 85-348, MARIE CALLENDER"S RESTAURANT SIGN, AND No. 85-349, BEST WESTERN MOTEL SIGN Mr. Eisner referred to the combined staff report covering a revised sign program for both Marie Callender's Restaurant and the Best Western Motel (Casa Grande). He said the signs are to be located on the Oak Park and West Branch Street frontages of the motel and restaurant complex. He said the sign program consists of four signs, two for each use. He said the signs are 6-feet by 12-feet for the restaurant, and 6-feet by 5.6-feet for the Best Western. He said both signs are back-lighted and enclosed, building mounted. He showed the Council a material board and photographs of the proposed signs." He said the signs had been reviewed by the Staff Advisory Committee, the Architectural Review Committee and the Planning Commission and were recommended for approval. Council Member Gallagher said he thought when the sign plan was originally approved the Council agreed to one sign to list all business entities and one other at Oak Park Road to say "Marie Calender's and Best Western." He said he would like the staff to look at the official City minutes from that time. He said the applicants should wait until the traffic problem is solved at Oak Park Road and Highway 101. Mayor Smith asked why the additional signs were needed, and Mr. Eisner said the applicant should give that answer. JERRY MURDOCK of San Diego, representing the sign company, said the additional signs are needed for exposure and to show where the Marie Callender's and the Best Western are in relationship to the other buildings. He said the shopping center is like a magnet and once people get there they need to be shown where the businesses are. Council Member Porter asked why the free standing sign was needed. Council Member Moots said the sign should be scaled down to a more refined look, and asked if the applicant would trade the new sign for the free standing one. On motion of Council Member Johnson, seconded by Mayor Smith, to approve the Planning Commission recommendation, on the following roll call vote, to wit: AYES: Mayor Smith and Council Member Johnson NOES: Council Members Gallagher, Moots and Porter ABSENT: None the foregoing applications for additional signage were denied. ALPINE PLACE DRAINAGE EASEMENT DEDICATION Mr. Karp referred to his staff report of February 5, 1986, and Tract 550 Cerro Vi6ta Map 6-58 showing a 15-foot wide easement offer across lots 46 and 47. He said this offer to dedicate has not been previously accepted by the City as improvements utilizing the easement have not been installed. He said the easement establishes right of way for future connection of drainage facilities between the property now owned by Crocker's Lockers and a culvert previously constructed within the existing subdivision. He recommended that, since the right of way is now required for installation of a connecting culvert by Crocker's Lockers, the City Council should adopt a motion accepting the attached offer to dedicate from Herschel R. Whitefield. Council Member Gallagher asked if there had been any erosion on the Crocker's Lockers project, and Mr. Karp said that to his knowledge any problems were being resolved by Crocker. After other Council questions, on motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to approve the recommendation to accept on behalf of the public the perpetual - CITY COUNCIL FEBRUARY 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE SIX ALPINE PLACE DRAINAGE EASEMENT DEDICATION Continued offer to dedicate recorded by the developer who subdivided Alpine Place, presently known as Taylor Place for drainage purposes. WEST BRANCH STREET RIGHT OF WAY DEDICATION Mr. Karp said this offer to dedicate was required across the parcel of property which lies between Rancho Parkway and St. Patrick's School (also known as the old Schlegal parcel), and the previously existing right of way was not adequate to accomplish ultimate grading of West Branch Street in the location. He said the owners of the parcel have recorded the offer for action by the City Council. Council Member Gallagher asked for specifics on the dedicated widths. Mr. Karp said the City already has 50 feet and will get 16 feet additional plus 10 feet more for street trees. He said this will provide the City with adequate right of way to construct a frontage road in front of the old Schlegal parcel the same width as in front of the Festival Cinema. Council Members Gallagher and Porter asked if the City should be taking more right of way, and Mr. Karp said the City should take only the amount of right of way needed for a frontage road of three lanes. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to approve Mr. Karp's recommendation that the City Council by appropriate action accept on behalf of the public the offer to dedicate granted by Peter C. Miller, etal, for extension of West Branch Street. CROCKER'S lOCKERS WATER lINE EASEMENT DEDICATION Mr. Karp referred to his staff report of February 5, 1986, and said as a requirement to development of Crocker's Lockers on Grand Avenue, the Fire Chief has required installation of a fire hydrant on the property. He said Exhibit "B" of the Easement Deed delineates the location of the easement established for maintenance purposes. He said the purpose of the easement is so that the City can maintain a hydrant line. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to accept on behalf of the public the easement deed for a water line granted by Theodore G. Crocker. OAK CREST ESTATES FINAL APPROVAL OF TRACT 555, UNIT 4 Mr. Karp referred to his staff report of February 5, 1986, and the referenced tract is a subdivision of phase four of the previously approved Tract 555, known as Oak Crest Estates. He said the tract is served by Platino Lane and lies easterly of Stagecoach Road and westerly of Huasna Road. He said the area is zoned R-1 and classed as low density residential in the land Use Element of the General Plan. He said the subdivision creates 14 single family lots. He said a drainage course previously established with units 1, 2 and 3 will no longer be necessary after construction of this subdivision, and drainage courses will be reestablished as a private drainage reservation as shown on the map. On motion of Council Member Moots, seconded by Council Member Johnson, to approve the recommendation of Mr. Karp to accept on behalf of the public the offers of dedication for streets and street-tree easements, and acknowledging the reestablishment of drainage courses in the vicinity of lots 45, 46 and 47; find that the tract is consistent with the conditionally approved tentative map found by the Planning Commission to be consistent with the General Plan and City Zoning, and approve Tract 555, Unit 4. Council Member Porter expressed concern about drainage from the lots, and Mr. Karp said he would bring the grading plan to the next Council meeting. ED DORFMAN, developer of Oak Crest Estates, said there has been no siltation from his land or Huasna Road, and is draining the property by letting it sheet flow on his own land, which will have grasses. Mr. Karp said that the City has a fairly large contingency fund established by the instrument of credit so in the event the Council is not satisfied, the City has an adequate contingency fund to take care of this matter appropriately. On Mayor Smith's call for a vote, the Council voted to approve Mr. Karp's recommendation. CITY COUNCIL FEBRUARY 11, 1986 ARROYO GRANDE, CALIFORNIA PAGE SEVEN WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS Mr. Shaw asked the Council to meet for a short closed session on pending litigation. Council Member Gallagher reminded Mr. Eisner and Mr. Shaw that they were going to meet on the subject of a draft for reversion to acreage. He asked about the status of the Traffic Signalization Fund, and Mr. Karp said the City Attorney was reviewing it. Council Member Gallagher asked about the progress of the Traffic Way Plan. He introduced the subject of a proposal by a concern called Pyropower, which makes boilers and, in conjunction with General Electric, has asked for 37~ per cent of the affluent the City is discharging to the ocean. He said Pyropower would turn the affluent to steam to produce power. He said potential revenue from this could be $175,000.00 to $240,000.00 to the City, and the Council should discuss the implications of contracting away this water, a resource which could be utilized with further treatment. He said the Sanitation District could get into the matter by treating the water to the degree desired by Pyropower. Mr. Karp said this is an encouraging proposal, and the timing looks good. Council Member Gallagher said the plant would cost $90 million and would employ 15 to 20 persons. He said it would be in the City's best interest for the Council to keep on top of this proposal. Mr. Karp said he is concerned about delaying the sewer plant expansion anymore. Mr. Gallagher reinterated his concern about grading in the rainy season. Mr. Karp said Arroyo Grande's record is good compared with other entities, but a continuing effort by Staff is made to monitor the potential for erosion in the areas recently graded. Council Member Gallagher called for a Study Session to define the goals of the city. Council Members set the session for 1:00 P.M. Wednesday, February 26, 1986. ADJOURNMENT TO CLOSED SESSION The Council adjourned to a closed session at 9:28 P.M. RECONVENEMENT AND ADJOURNMENT The Council reconvened at 9:45 P.M. and immediately adjourned to a study session at 1:00 P.M. Wednesday, February 12, 1986, on motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried. MAYOR