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Minutes 1985-11-12 . ~ -- C!TY COUNC I L NOVEMBER 12, 1985 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor B'Ann Smith presiding. Upon roll call Mayor Pro Tern Matt Gallagher and Council Members Dorace Johnson, Gene Moots and D.G. Porter were present. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Moots led the Pledge of Allegiance to our flag. The Rev. Rick Comstock, First Assembly of God Church, delivered the invocation. APPROVAL OF MINUTES On motion of Counc il Member Gallagher, seconded by Council Member Johnson, and unanimously carried, the Minutes of the meetings of October 22, 1985, and October 29, 1985, were approved. APPROVAL OF CHECKS On mot i on of Counc il Member Moots, seconded by Counc il Member Johnson, and unanimously carried, Demand Checks No. P045 through P063 and No. 26869 through 26977 for $709,468.20, and Payroll Checks No. 32015 through 32127 for $87,838.03 for a Grand Total of $797,306.23, were approved for payment as submi tted by City Manager Robert Mack for Fi nance Director David Bacon. RECOGNITION OF CHUCK FELLOWS Mayor Smith presented a plaque to Chuck Fellows recognizing his dedicated service on the Parking and Traffic Coltlnission from June, 1983, to October, 1985. ORAL COMMUNICATIONS MR. FELLOWS, 202 Canyon Way, said that he believed that the City should make only partial payment to John Madonna Construction because of the inferior job the company was doing on Tally Ho Road. CONSENT AGENDA Council Member Gallagher withdrew Item 18 for discussion. On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, to approve Consent Agenda Items 1 through 17. 1. Proclamation - Veterans' Unity Month, November, 1985 (Reccmnend Mayor Snith So Proclaim) 2. Proclamation - National Hosp.ce Month, November, 1985 (Rer........ornd Mayor Snith So Proclaim 3. Arroyo Grande Village Association Sidewalk Sale Request. (Rec........en-I Appcoval) 4. Request to change Farmers' Market from Wednesday evening to Saturdays (Recomnend Ap~oval) 5. October, 1985, Departmental Report (Reccmnend Review and File) 6. Audit Report (Rer.........nd Review and File) 7. October Investment Deposit Report (Rer........orM Review and File) 8. Civic Center Property Report (Recomnend Review and File) 9. 209 Nelson Street StNcture Ranoval Award of Bid (Recomnend Award) 10. October 15, 1985 Planning ('''''''''';'''011 Minutes (Recoamend Review and File) ^..~-- --- --- -..-------..- . - , CITY COUNCIL NOVEMBER 12, 1985 ARROYO GRANDE, CALIFORNIA PAGE TWO CONSENT AGENDA Continued 11. Novanber 5, 1935 Planning ('......,;.sion Answered Agenda (Rectwrm('ntJ Revic!w and File) 12. October 9, 1985 Parka and Recreation Owrmi',ion Minutes (Review and file) 13. South San Luis Obispo County Sanitation District Office Relocation Notice (Infoanation) H. League of California Cities' Lcsiglative Bulletin No. 37-1935 (Recomncnd Review and File) 15. Cwmd Counties' Division of League of California Citie. Quarterly Meeting Announcement (RSVP to Flora for Rescrvationa) 16. Sewer Jet Roddcr Declaration aa &u:p/uI Property (Recoamcnd Declaration aa &u:plus) 17. Mini-van and Pickup Award of Bids (Rec...........d Award to Low Bidders) 18. Tally Ho Road Progress Payment Council Member Gallagher moved to delay the Progress Payment to Madonna Construction on the basis of poor quality work on the project. His motion died for lack of a second. Mr. Karp said that the project will be completed, weather permitting, within two weeks. On motion of Council Member Porter, seconded by Council Member Johnson, Council members approved the Progress Payment, with Council Member Ga 11 agher vot i ng "no." FINAL READING OF ORDINANCE REZONING GRIEB PROPERTY Actin9 on a request by T. Keith Gurnee of Richmond Rossi Montgomery, the Council Continued this item to the December 10, 1985, meeting, on motion of Council Member Porter, seconded by Council Member Johnson. The vote carri ied, with Council Member Ga 11 agher vot ing "no." FIRE SPRINKLER ORDINANCE IMPLEMENTATION DELAY REQUEST WILLIAM SOMMERMEYER, President of the South County Economic Development Association, spoke to the Counci 1 referring to his letter of November 6, 1985. He asked for a moratorium on the Fire Sprinkler Ordinance of nine months, on the basis of 1. Homes have been sold with the cost of the sprinklers not reflected in the price of the home, 2. Housing projects are underway and the cons truct i on funds available to build the homes are not sufficient to cover additional cost of the sprinklers, and 3. There are ongoing projects which contain homes already built, and some ,unbui1t, which are construction financed and cannot be completed because of insufficent funds to cover the fire sprinklers. Also speaking against the Ordinance and asking for the moratorium were TIM FISSORI of 210 Alder, MARIE CATTQIR of 195 Orchid Lane, ED DORFMAN of 346 Stagecoach Road, Jim LaCroix of 1322 Ewing and CHUCK TEMPUS of Wildwood Ranch. Fire Chief Douglas Hamp referred to his memo of November 7, 1985, saying that the day has arri ved when installation of fire sprinklers is needed. He gave as reasons a. The ex is t i ng fi re problem of thi s City, b. Response times and distances, c. Abil ity to handle two emergency s ituat ions simultaneously, d. Avoiding the cost of a paid fire fighting force, and e. Recognizing the imminent commerci a 1 and residential growth. He said the cost of installing the residential fire systems is not that great, and he said the contractors can save money by installing their own systems. He said he had been told by bank officers that even several thousand dollars would be handled by a normal loan cushion, and local lenders could adjust existing loans. ----------,---- -_._-~..._-- ..- ~ CITY COUNCIL NOVEMBER 12, 1985 ARROYO GRANDE, CALIFORNIA PAGE THREE FIRE SPRINKLER ORDINANCE IMPLEMENTATION DELAY REQUEST Continued Mr. Mack recommended a four month delay, and on motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to delay the implementation of the Fire Sprinkler Ordinance for 120 days. A committee of contractors and City officials was appointed to work out deta il s of implementation. Members appointed were Tony Orefice, Ed Dorfman, John Ghormley, Tim Fissori, Chief Hamp, Council Member Gallagher and Council Member Moots. City Attorney Art Shaw noted that an Urgency Ordi nance delaying the implementation of the Ordinance will be presented at the next Council meeting. NUISANCE ABATEMENT-INOPERABLE VEHICLES, 540 Branch Street-PUBLIC HtAkiNG Ci ty Attorney Shaw said that the heari ng was bei ng held to ascertain whether a public nuisance exists at 540 E. Branch Street. A court reporter present at the meeting was Craig E. Barnett of Central Coast Court Reporters, 1264 Higuera, San Luis Obispo. Planning Director Stanley Eisner gave a history of the proble~ and presented photographic Exhibits. Mayor Smith said the Notice of Public Hearing had been duly published and posted and all requirements met for this public hearing and invited the public to address the Council. BEATRIX NEWELL of 532 E. Branch said she had been receiving letters on the problem from the City, and she knew nothing about it. Mr. Eisner said that the letters had been sent to her by mistake. Mayor Smith asked for the owner of the property at 540 E. Branch or any others to speak, and when no one came forward, she declared the hearing closed; After Council discussion, on motion of Council Member Gallagher, seconded by Council Member Moots, that there is an existing violation of Ordinance No. 327 C.S. in that there are two vehicles in the front yard at 540 E. Branch Street, and that constitutes a public nuisance which should be abated, and on the fo 11 owi ng roll ca 11 vot~E!.1. to wit: _._.._---~ AYES: Counc]l Members Gallagher, Johnson, Moots and Porter NOES: None ABSENT: None ABSTAIN: Mayor Smith the foregoing motion was passed. On mot i on of Counc il Member Ga 11 agher, seconded by Counc i 1 Member Moots, that the vehicles must be properly removed from the premises at 540 E. Branch St. within 30 days, and if that is not accompli shed, the vehicles wi 11 be removed by the City at the owner's expense and all costs of the removal will become a 1 i en on the rea 1 property, and on the fo 11 owi ng ro 11 ca 11 vote, to wit: ~ .~ AYES: Council Members Gallagher, Johnson, Moats and Porter NOES: None ABSENT: None ABSTAIN: Mayor Smith the foregoing motion was passed. Mr. Shaw said that written notice of the Council's decision will be sent to the owner of the property, Carl G. Thompson, 520 South Ridge Street, Southern Pines, South Carolina, 28387. -~-------, . - CITY COUNCIL NOVEMBER 12, 1985 ARROYO GRANDE, CALIFORNIA PAGE FOUR PUBLIC HEARING-8UILDING HEIGHT LIMITATIONS CODE AMENDMENTS Mr. Mack referred to his memo of September 11, 1985, and said that with current building height standards more problems likely will be encountered as more development occurs on hillsides and uneven terrian in the City. He recommended amending the Code definition of building helght to read: "Height of Building" shall mean the vertical distance from the lowest portion of the lot covered by the building to the topmost point of the roof, exc 1 us i ve of ch i mneys and vents. He added that on uneven terrain and hillside the ramifications resulting if the recommendations were adopted would be 1. Houses wi 11 become smaller (less square footage) on selected lots, 2. More engi nee red cut and fi 11 , 3. More retaining walls, and 4. More fl at or unusual roofs. 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. TONY OREFICE OF R&R Architects said that there should be a judgement call on any house on a hillside, and there should be an architectural design. JACK GHORMLEY of Bonita Homes Construction said the Wil dwood Project could not comply with new building hei ght standards. He recommended that standards include a design overlay that would call for Architectural Review. MARIE CATOIR said that any new home being bui It 14 feet above the existing average neighborhood sould require a public hearing. Mayor Smith called for others to speak, and when no one came forward, she declared the hearing closed. After Council discussion and a decision to enlist the building industry for assistance in developing a building height standard, on motion of Council Member Johnson, seconded by Council Member Gallagher, and unanimously carried, to continue the item to a later date. PUBLIC HEARING-APPEAL OF PLANNING COMMISSION'S APPROVAL OF USE PERMIT FOR RELOCATION OF SANTA MANUELA SCHOOL TO STANLEY AVENUE AND BRANCH STREET Upon request of the South County Historical Society the Council continued this item to the meet i ng of November 26, 1985, on motion of Council Member Johnson, seconded by Council Member Gallagher, and unanimously carried. THE COUNCIL RECESSED AT 10 P.M. AND RECONVENED AT 10:15 P.M. OAK PARK PROFESSIONAL CENTER SIGN APPROVAL Mr. Ei sner said that the sign program has been submitted for review by both the Planning Commission and the City Counci 1 as a part of the "P-D" zone requirements. He said the Planning Commission has found the signing to be cons i stent with the Zoning Ordinance and wi th the overall design criteri a established for Oak Park Acres, and recommends approval. Mr. Mack recommended approval of the sign design, specifications. and general location. He said the specific location should be subject to the Public Works Director's approval so that vision clearance when exiting driveways is assured. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to approve the sign as presented with the recommendations given. DODSON WAY AND ALPINE STREET SIDEWALK REPORT Mr. Karp discussed the Mayor's request for an inventory of frontage improvements on a portion of Dodson Way and South Alpine Street. He said if the project was undertaken as an assessment district, fundi ng necessary to complete sidewalks and curbs for both streets is estimated to be approximately $38,000.00. He said the majority of the money could be recouped from the --------------- --. . ~ CITY COUNCIL NOVEMBER 12, 1985 ARROYO GRANDE, CALIFORNIA PAGE FIVE DODSON WAY AND ALPINE STREET SIDEWALK REPORT Continued property owners after installation through district proceedings. He recommended that he come back to the Council with a general street improvement priority ranking for future assessment district which would consider future street construction or reconstruction projects proposed by the Council and Staff. Council members agreed. PACIFIC COAST RAILWAY PLACE SIDEWALK REPORT Mr. Karp referred to his memo of November 5, 1985, and recommended that the Council defer formation of an assessment district or abandonment of excess right of way on Pacific Coast Railway Place. After Council discussion, Mr. Karp was directed to budget for paving of the right of way and formation of a sidewalk district to complete the street on Burn's frontage with funds allocated from the 1986-87 budget. PACIFIC COAST RAILWAY PLACE WATER LINE ABANDONMENT REPORT Mr. Karp referred to his memo of October 16, 1985, and said that if the four inch line is abandoned a natural result will be probable degradation of quality of water supply to the Pacific Coast Railway Place addresses of 227, 229, 231 and 235. Mr. Shaw said that nothing requires the City to abandon the line, and that he recommended that the 1 i ne stay there unt i 1 it is not needed by the City. On motion of Council Member Porter, seconded by Council Member Ga 11 agher, and unanimous ly carri ed, to deny the request to abandon the 1 i ne on the basis of the adverse effect on the four residences at 227,229, 231 and 235 Pacific Coast Railway Place, and to send a letter to William Bright explaining the Council's decision. TALLY HO ROAD CONSTRUCTION PROGRESS REPORT Mr. Karp said the sidewalk construction portion of the project is 80 per cent completed and that the project should be essentuallv complete within two weeks. TRACT MAP 1137 (CROSS STREET) IMPROVEMENTS FINAL ACCEPTANCE . Referring to his memo of November 5, 1985, Mr. Karp recommended that the Council accept on behalf of the publ ic the improvements constructed as conditions to approval of Tract 1137, Hunter's Haven (Grassle). On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to approve Mr. Karp's recommendation. TRACT 1186 (WHITELEY AND NELSON) FINAL MAP APPROVAL Mr. Karp, referring to his memo of November 5, 1985, recommended 1. That the City Council be requested to accept on behalf of the public the offers of dedication shown on Tract Map 1186, 2. Find that the map for Tract 1186 conforms with the tentative map conditionally approved by the Planning Commission and found by that body to be consistent with the General Plan and City Zoning, 3. Find that the required improvements are necessary prerequisites to the orderly development of the community, 4. Authorize the Mayor and City Clerk to execute the improvement agreement with the developer, and 5. Approve Tract 1186. Council Member Galla~her asked if the conditions that the Tract improve- ments conform to the Village Design Standards, and Mr. Karp indicated that since the subdivision is located outside of the Central Business District, the Plan- ning Director had relieved the subdivider of that condition. T~e Council Membersreviewed the City Zoning Map posted in the Chambers and concurred with determination. On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, to approve Mr. Karp's recommendation with the five conditions. -----~_..__.- .., CITY COUNCIL NOVEMBER 12, 1985 ARROYO GRANDE, CALIFORNIA PAGE SIX TRACT MAP 1240 (OAK PARK ACRES) FINAL MAP APPROVAL Mr. Karp referred to his memo of November 5, 1985, recommended the Council, 1. Find that the map for Tract 1240 conforms with the tentative map conditionally approved by the Planning COl1JJlission and found by that body to be consistent with the General Plan and City Zoning, 2. Find that the required improvements are necessary prerequi sites to the orderly development of the community, 3. Authorize the Mayor and City Clerk to execute the improvement agreement with the deve 1 oper, and 4. Approve Tract 1240. On motion of Counci 1 Member Ga 11 agher , seconded by Counc il Member Johnson, and unanimously carried, to approve Tract 1240 with the staff's recommendations. FIREWORKS CODE AMENDMENTS PROPOSAL Mr. Mack said that the phrasing of the Municipal Code Sec. 4-2.08 concerning fireworks is confusing and recorrrnended an Ordinance to change the code. He said the proposed Ordinance would specify the rules and regulations to be followed by a charitable organization selling fireworks in the City. After Counci 1 discussion, Mr. Mack read the tit 1 e of the proposed Ordinance. On motion of Co unci 1 Member Gall agher, seconded by Counc i 1 Member Johnson, and unanimously carried, to dispense with further reading of the proposed Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ARROYO GRANDE ESTABLISHING A SAFE AND SANE FIREWORKS PROGRAM AND REPEALING SECTION 4-2.08 (C) OF THE MUNICIPAL CODE Mayor Smith said that constituted the first reading of the proposed Ordinance. , LOPEZ SCHOOL REPORT After Council discussion, Mayor Smith appointed Counc i1 Members Johnson and Gallagher to meet with representatives of the Lucia Mar School District Board of Directors to talk about the future of the Lopez School site. RANCHO GRANDE SCHOOL SITE REPORT Mr. Mack, referring to his memo of November 12, 1985, gave the background and options avail ab le in connection with the school site in Rancho Grande. He recommended that the Council exercise the option for the Rancho Grande ten acres and request I the Lucia Mar School District to participate in discussions with the developer and City Staff in preparing a City-Developers agreement. Council Members directed its Committee which will meet with the school district board representatives to discuss this matter also. The Counc i 1 also directed Mr. Mack to take all the legal actions necessary so that the City could acquire the land for a park if the school district does not want the land. ----~--->~._-- --- ~- - '- , . < CITY COUNCIL NOVEMBER 12, 1985 ARROYO GRANDE, CALIFORNIA PAGE SEVEN FAIR RESPONSIBILITY ACT OF 1986 Mr. Mack read the title of the Resolution endorsing the act. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of the proposed ----.R.esolutton. ___. --.- - -----..----... RESOLUTION NO. 1903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ENDORSING THE FAIR RESPONSIBILITY ACT OF 1986 On motion of Counc il Member Gallagher, seconded by Counc i1 Member Moots, and on the following roll call vote, to wit: AYES: Counc i1 Members Ga 11 agher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted on the 12th day of November, 1985. VIA LOS BERROS AT VALLEY ROAD STOP SIGN RESOLUTION Mr. Karp said that a stop sign had been installed on an emergency basis on Via Los Berros at its intersection with Valley Road. He recommended that the Council adopt the Resolution establishing the stop sign. Mr. Karp read the title of the proposed Resolution. On motion of Counc il Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the proposed Resolution. RESOLUTION NO. 1904 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A BOULEVARD . STOP SIGN AT THE INTERSECTION OF VIA LOS BERROS AND VALLEY ROAD On motion Council Member Gallagher, seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Council Members Ga 11 agher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted on the 12th day of November, 1985. INCLUSION OF COUNCIL MINUTES, WARRANT REGISTERS AND RESOLUTIONS IN CONSENT AGENDA PROPOSAL Mr. Mack recommended that the Council authorize the addition of City Counc il meeting minutes, warrant register and resolutions to the Ci ty Council consent agenda in order to speed up the progress of the Counci 1 meetings. On motion of Counc il Member Gallagher, seconded by Counc il Member Moots, and unanimously carried, to approved the recommendation of the City Manager. ADJOURNMENT AT 11 :50 P.M. TO CONTINUED MEETING AT 1 :00 P.M. NOVEMBER 13, 1985. MAYOR ATTEST: CITY CLERK -~-- -....--