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Minutes 1985-05-14 ~ CITY COUNCIL MAY 14, 1985 i 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 Gallagher led the Pledge of Allegiance to our Flag. Counci I Member Johnson delivered the Invocation. APPROVAL OF MINUTES On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, the Minutes for the Meetings of April 23 and May 1, 1985, were approved as corrected. APPROVAL OF CHECKS On motion of Council Member Moots, seconded by Council Member Porter, and unanimously carried, Demand Checks No. P816 through p835 and No. 25288 through 25366, in the total amount of $847,251.31; and Payroll Checks No. 30430 through 30629, in the total amount of $159,891.08, were approved for payment as submitted by Finance Director David Bacon. RECOGNITION OF BOB COLLETT Bob Collett, Acting Fire Chief from October 31, 1984, to April 28, 1985, was commended for his work, and received a plaque in grateful appreciation from the City. ORAL COMMUNICATIONS PEG HENSLEY, 289 Tally Ho Road, asked the Council .for an update on the status of the repa i r of Ta 11 y Ho .Road. Paul Karp, Director of Public Works, said that bids will be opened soon (bids scheduled to be opened May 16, 1985) for the water line and road reconstruction through the curve along with the sidewalks. MARIE CATTOIR, 195 Orchid Lane, asked why excess right of way had not neen aban- doned on Traffic Way and reconveyed back to the property owners according to a policy set forth by the City in 1969. Mayor Smith asked the City Manager to put this aban- donment on the May 28, 1985, Agenda for a Public Hearing. ORRIN COCKS, 1531 Deer Canyon, requested to be permitted to bond to place a water line on his Grand Avenue Mini-Storage property on Brisco Road. He wi thdrew the request when he was informed by Mr. Karp that a fire hydrant would be necessary at tha t loca t ion. CONSENT AGENDA On motion of Councilman Moots, seconded by Councilman Porter, and unanimously carri ed, to approve Consent Agenda Items #8 through #17-B, as recommended. 1 PROC LAMA TlONS: 8. National Police Recognition Week, May 12-18, 1985 [Recommend Mayor So Proclaim]. 9. S.A.D.D. Day, May 15, 1985; and S.A.D.D. Month, May 15 - June 15, 1985 in Arroyo Grande l~tudents.AgainstJ2riving12runk) [Recommend Mayor So Proclaim]. MINUTES AND ANSWERED AGENDAS: 10. Planning Commission Minutes of May 7, 1985 [Recommend Review and File]. REPORTS AND INFORMATIONAL MATTERS: 11. Arroyo Grande Population Update - 13,212 as of January 1, 1985 [Recommend Receive and File]. 12. State of Investment Policy of City of Arroyo Grande [Recommend Receive and File]. 13. Medical Plan Status Report [Recommend Receive and File]. 14. Legislative: -League of California Cities' Legislative Bulletin No. 15 [Recommend Action Per League's Recommendation on "Circled" Items]. --Bulletin No. 16 [Recommend Receive and FileJ. --AB 1327, Support of Rational Local Government Boundaries and Greater Political Repre- sentation [Recommend Receive and File]. 15. "Runabout" Monthly Report of April, 1985 [Recommend Receive and FileJ. 16. Departmental Monthly Report for April, 1985 [Recommend Review and FileJ. 17. PaYInent Authorization: Brisco Road Progress Payment No.3 [Recommend Approval]. 17-8. PdY'lI~n~ Authorization: Traffic Way \1<1ter Mains Payment No. I (Recommend Approval). . - --~ .-.__0.. . - ,-. City Council May 14, 1985 Arroyo Grande,California Page Two. PUBLIC HEARING: EMINENT DOMAIN PROCEEDINGS FOR ACQUISITION OF PROPERTY FOR DRAINAGE PURPOSES. (LONNIEB; WELLS PROPERTY) Mr. Mack explained that the property concerned is located outside the City of Arroyo Grande and is off Huasna Road in a Westerly direction at the back of the property lines of those in-city properties located on the north side of Pearwood. The project also involves parcels on the northerly section of the back properties along the north side of Pearwood fro~ the ponding area parcels easterly to Huasna Road. Mayor Smith said the Notice of Public Hearing had been duly published and a 11 legal requirements met and declared the hearing open. LONNIE B; WELLS, 470-B Solar Way, owner of the property concer~ed, said he had not received' sufficient communications from the city on this ma~ter, and read a letter to the city council expressing his concerns about the project. Counc i I Member Ga 11 agher moved, Counc i 1 Member Johnson s.econded, and it was unanimously carried that the letter be accepted into the record. ELLA HONEYCUTT, 560 Oak Hill Road, showed early photographs of the area in question, and said it was a natural drainage area and that the drainage project was needed. C.5. KUREK, 603 E. Cherry Avenue, asked if the City intended to pay for the Wells property. City Attorney Art Shaw said that it is the intention of the City to condemn the property for pub 1 i c use. LONNIE B. WELLS, 470-B Solar Way, said that there was at one time a re- gistered lake on the property in question. He said it was filled in and houses bu i1 t on it. He said he would like to discuss price of the property concerned with the City and reach an agreement before an expensive trial ensues~ He expressed a desire to move the easement also. TOM HIGDON, 183 Fairview Drive, asked if there had been a vote on the establishment of the drainage project. City Attorney Shaw said it was a campaign issue at one time, but that there had been no vote. ~~ Mayor Smith called for others to speak, when no one came forward the ~. public portion of the hearing was closed. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, Mayor Smith directed staff to prepare legal documents required by the California Environ- mental Qual ity Act for the seven acres plus condemnation and report back to Counci 1 at the June 11, 1985 meeting. ~ Q;W ~.Q5'" ~ ~ tV~ PUBLIC HEARING: VACATION AND ABANDONMENT OF DE IGNATEO PORTION OF HARDEN STREET. (CONTINUEOFROM.CLOSED HEARING APRIL 23, .1985.) Public Works Director Karp said that since the Public Hearing of April 23, 1985, correspondence has been received from Daniel E. Mintz, Attorney for Scolari Properties, and it is included with the agenda packet. In the letter Mintz proposed a 12-foot easement for the Howel I Property be provided along the center I ine around the existing right away. Mr. Karp suggested the abandonment proceed subject to that condition. GERALD WEAVER, attorney representing Scolari Properties, spoke at the meeting, and said that both his client and adjoining property owners have agreed to give the easement to Mrs. Flossie Howell. He said the abandonment was necessary so that Scolari Properties Can know what property they have to work with when applying for loans. On motion by Council Member Porter, seconded by Council Member Moots, and unanimously carried, to continue the Public Hearing in order to clarify and confirm the ownership of Harden Street and a 19-foot adjoining alley. .,1" ,. ---.,,--------- -, CITY COUNC I L MAY 14, 1985 ARROYO GRANDE, CALIFORNIA PAGE THREE PUBLIC HEARING: APPLICATION FOR A USE PERMIT.TO ALLOW HEALTH CARE FACILITIES AND MEDICAL OFFICES WITHIN A PLANNED DEVELOPMENT. DISTRICT. Planning Director Eisner said that the proposed project had been reviewed by the City Staff Advisory Committee; sent to the Planning Commission, and the Commission had sent it to the City Council with the recommendation to deny. Mayor Smith said the notice of Public Hearing had been duly published and all legal requirements met and declared the hearing open. ANITA FULBRIGHT of Los Osos, one of the owners, said the proposal will consist of various levels of health care and explained each level. She said the center will be fully licensed and will take Medicare patients. She indicated there will be 160 rest home units, 20 group care home units, and 20 convalescent units. She asked the city to approve the concept, and the cost for residents would depend on construction costs and the number of units approved. JEAN BUCKNER, 451 Mentone Avenue, Grover City, said the area needs a center I ike this but that the economics had to be worked out. She said the average person in a convalescent home is on Medi-Cal insurance. EDWIN C. ROSS, 163-B Brisco Road, said a range of health care is required by our area, and people should be able to enter at any level. He said this is just one phase of what is needed. MARK WOOLPERT, attorney from San Luis Obispo and a writer for the "Senior Times,1I said he is assisting the Fulbrights with the project, that it is needed, and that he has had many clients looking for this kind of facility. KIRBY GORDON, 401 Indio Drive, Pismo Beach, asked the council to abide by the language of its own ordinance. He said the project complies with the Ordinance. RUBEN KVIDT, developer of Oak Park Acres, said we need to have a facility that will charge according to the amount of care needed, and not td pay for care we don't heed. He said there would be green belts and open space connected with this facility. TONY OREFICE of R.M.O. Architectural firm discussed the zoning of the area. He said the project does comply with the zoning set down by the Planning Commission and City Council. He stressed the 50 per cent open space in the project, and said he wants to save all the present trees. He said he was uncertain what the ob- jection of the Planning Commission was to the project. MARIE CATTOIR, 195 Orchid Lane, said the, average person could not afford to use this facility, and she questioned Fulbright on statements made at two Planning Commission hearings regarding acceptance of Medicare and licensing. ELLA HONEYCUTT, 560 Oak Hill Road, said there is a desperate need here for a convalescent hospital. She said a facility needs to be for people on fixed incomes .. She said the project will draw people into the South County from outside the area. Mayor Smith called for others to speak; when no one came forward, the public hearing was closed. Counci I discussion and questions fol'lowed. A motion was made by Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to continue discussion of the matter at the May 28, 1985, City Council meeting. . .' - ~._--_._---~ .-- ~-" I C!TY COUNC I L MAY 14, 1985 ARROYO GRANDE, CALIFORNIA PAGE FOUR PU BLI C HEARl NG: APPEAL BY JOHN KUDEN OF SPECIFIC CONDITION ONLY, i.e., INSTALLATION BY DEVELOPER OF STORM ORAIN AT 565 S. ELM STREET. AKA KOBARA PROPERTY Mr. Eisner said the appeal is of a specific development condition that was an outgrowth of an application for a conditional Use Permit and Architectural Review of a 57-Unit development. Mr. Karp explained on posted maps the drainage flows .in the area, and that a storm drain is needed to alleviate flooding problems at Elm Street and Farroll Road. Mayor Smith said the Notice of Public Hearing had been duly published and all legal requirements met and declared the hearing open. JIM GARING, Garjng Taylor and Associates, spoke in favor of the appeal proposing a ponding basin on the property. ANDREW DAVID, Attorney for the property owner, spoke in favor of the appeal, saying that the City should pay for the storm drain. Mayor Smith called for others to speak; when no one came forward, the public portion of the hearing was closed. Following Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Moots, to deny the appeal and uphold the Planning Commission's decision and on the following roll call vote, to wit: AYES: Council Members Gallagher, Moots and Mayor Smith NOES: Council Member Porter ABSTAIN: Council Member Johnson ABSENT: None the motion carried. PUBLI C HEAR I NG: AMENDMENT TO THE ARROYO GRANDE MUNI COOE TO ESTABLISH COMPREHENSIVE COMMUNITY TREE PROGRAM, Mr. Mack presented a proposed Community Tree Ordinance, which had been referred to the Planning Commission by the Parks and Recre~tion Commission. Mr. Mack said, amendments have been suggested by the Planning Commission, Council Member Porter, and Mr. AI Spierlin~. Mayor Smith said the Notice of Public Hearing had been duly published and all legal requirements met and declared the hearing open. MARIE CATTOIR, 195 Orchid Lane, said that the proposed law does not address abuses in planned development zon~s. ELLA HONEYCUTT, 560 Oak Hill Road, said that trees had gone down on Rancho Grande, Wildwood, and Stagecoach; and that such tree removal will continue unless the City places prices on trees. Mayor Smith called for others to speak; when no one came forward the public portion of the hearing was closed. Council discussed the proposed Ordinance and directed City Staff to write a new section to preserve and protect trees growing on undeveloped land. On mot ion by Councilman Gallagher, seconded by Councllman Moots, and unanimously carried, to continue the tree ordinance consideration. . ARROYO GRANDE CREEK GREENBELT Hayor Smi th opened the discussion of the Arroyo Grande Creek G'reenbelt. Mr. Mack recommended to Council that City Staff be directed to make a recommendation concerning Tally Ho and Arroyo Grande Creeks. It was moved by Councilman Moots, seconded by Counci Iman Gallagher, and unanimously carried, to hear the report at a July 1985 meeting of Council. CITY RESPONSE TO BRUSH POPPERS REQUEST FOR LAND DONATION Mr. Mack recommended, and Counci I agreed, to send a letter to the Brush Poppers Riding Club explaining that the City cannot donate land, but will negotiate with the Club for purchase of the property. .. ___~..__ _--..,1 " - ~ CITY COUNC I L MAY 14, 1985 ARROYO GRANDE, CALIFORNIA PAGE FI.VE FIRST READING: ORDINANCE TO AMEND AND UPDATE THE FIRE DEPARTMENT SECTION OF THE MUNICIPAL CODE. Mr. Mack read the title of the Ordinance. On motion of Councilman Gallagher, seconded by Councilman Moots, and unanimously carried, to dispense with further reading of the Ordinance. OROINANCE NO. C.5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING SECTIONS 2-6.01 THROUGH 2~6.12 OF THE MUNICIPAL CODE PERTAINING TO THE FIRE DEPARTMENT Mayor Smith said that constituted the first. reading of the Ordinance. WR I TTEN COMMUN I CAli ONS None ORAL COMMUNICATIONS Council Member Gallagher said that telephone lines at Halcyon Road and Grand Avenue obscure the traffic signals. He asked that a letter be sent to the telephone company under the title of "Safety" regarding this matter. City Staff will do this. Mr. Gallagher questioned the remodel ing of a dental office at 236 Halcyon Road. Mi-. Mack said staff wi11 check to see if the owner has a permit. Mayor Smith and Council agreed with the League of California Cities to support ACA 7, which states that no contributions can be made at the local level by partisan committees. The Council agreed to send letters to State Legislators on this subject. Council Member Porter questioned driveways on the Grand Avenue and Brisco Road property of Orrin Cocks and Ron Harris. Following a discussion by Council, Mr. Karp was directed to closely monitor the progress of the Cocks/Harris development. Mr. Gallagher said that he had attended the last meeting as a member of the Board of Directors of the South County Sanitation District and that there will be a rate increase to cover operation maintenance costs. increased main- tenance recommended by the administrator's citizens committee, and pay back of the loan from the expansion account to perform major in-plant modifications. ADJOURNMENT Mayor Smith adjourned to a closed session at 11:58 P.M. RECONVENEMENT AND ADJOURNMENT: Coune i I reconvened at 12:08 A.M. and on motion by Counci I Member Gallagher, seconded by Council Member Moots, and unanimously carried, to adjourn to budget session May 15, 1985. Council adjourned at 12:10 A.M. Mayor ATTEST: Ci ty Clerk .~'; .. ;.,... - - . L.".""..L.---<:.....,,-'--,.____ --~"".-'----~- ---~~,....._..:,~_.