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Minutes 1984-08-14 . r ') _. CITY COUNCIL AUGUST 14, 1984 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in regular session with Mayor B"Ann Smith presiding. Upon roll call Councilmen Matt Gallagher, Karl Hogan, Mark Millis and Lawrence Vandeveer were present. PLEDGE OF ALLEGIANCE AND INVOCATION Councilman Gallagher led the Pledge of Allegiance to our Flag. Counc i 1 man Hogan delivered the invocation. APPROVAL OF MINUTES On motion of Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, the Minutes for the Meeting of July 24, 1984, were approved \ as submi tted. APPROVAL OF CHECKS On motion of Councilman Gallagher, seconded by Councilman Vandeveer, and , unanimously carried, Demand Checks No. 23072 through 23167 and P704 through P718 in the total amount of $299,779.51; and Payroll Checks No. 28323 through 28434 in the total amount of ~ 74,922.51, were approved for payment as submitted. ORAL COMMUNICATIONS None CONSENT AGENDA Councilman Vandeveer requested Consent Agenda Item #11-B be withdrawn for discussion. On motion of Councilman Vandeveer, seconded by Councilman Hogan, and I unanimously carried, Consent Agenda Items #7 through #11, including all subtitles, I with the exception of #11-B, were approved as recommended. I ! 7. MiDute. aod/or Answered Agendas. RBVII!W AND FILE. . A. South SanLuia Obispo County Sanitation District MiDute. of 7/18/84. B. Reports . INFORMATIONAL ONLY. A. Depuunental Monthly Report for July, 1984. B. League of CA Citie. Legialative Bulletin No. Z7-1984. C. League Inftuuuctute Policy Statement (7/12/84). D. Fue Truck Lo.. Inmtmce. 9. Coaeapondence. BNTER RBCBIPT INTO RBCX>RD. A. Propoaition 36 Information Letter 10. Autbotizatioaa . RBCOMMEND APPROV At, A. ZDd ~dl MeetiDg of September to be Held Monday, October 1, 1984. B. ReI01u<'OII of Rudy Vel&IId Appeal, U.e PeDDit Cue No; 84-375. C. Street Sweeping )P A Agreement. D. 1984/85 Hotline R eveuue ~.";"8 Agreement. B. 1984/85 FlIIIily Service. Center Revenue ~.,,;"g Agreement. F. 1984/85 Ho.pice Revemle ~.,,;"g Agreement. G. 1984/85 Chamber of <Aamerce General Fa Agreement. H. Water Re.ervoir No. 1 Roof. Call for Bids. 11. Award of Bids. RBCX>MMBND APPROVAL A. One Public Works SteIDl aeaner. B. Two Police Cars. C. Twdve Police Lockers. D. One Police <:ampJ.ter Terminal. B.1birteen Police Body ADmr Ve.ta. F. Traffic Way Landscaping. G. . Street Crack Sealing BcPpllent. H. Misc. Parka, Streets, Water and Garage Ecp.pment Items. ~_._--_.__._----_._._----- .~- .--------- -- ~- C 8 CITY COUNCIL AUGUST 14, 1984 ARROYO GRANDE, CALIFORNIA PAGE TWO. 11. B. Award of Bids: Two Police Cars. Councilman Vandeveer said he did not believe two people could be sent to Sacramento to pick up the two police cars for the difference in the amount of bids and questioned what the total price would be to obtain the cars locally. City Manager Robert Mack said the local agencies could not get properly equipped vehicles this late in the year and therefore could not present bids to the City. On motion of Councilman Millis, seconded by Councilman Vandeveer, and unani- mously carried, to support the Police Chief's recommendation to purchase from the lowest bidder, Swift Dodge of Sacramento. On motion of Councilman Vandeveer, seconded by Councilman Hogan, and unani- mously carried, to approve Consent Agenda #11-B as recommended. PUBLIC PRESENTATIONS: REQUEST FOR SPAY/NEUTERING FUNDS FOR AFAR MR. BASIL PARFITT, 305 Windward, Pismo Beach, said Action for Animals' Rights (AFAR) was formed in 1977, is an all volunteer, non-profit, local organization existing on public donations and grants. He said all monies granted by Arroyo Grande would be used only to pay veterinarians for spay/neuter services in the City of Arroyo Grande, and that no administration costs are taken from the grant. Following Council discussion, a motion was made by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, to approve disbursing of $1,000 to AFAR;and to approve the Agreement between AFAR and the City of Arroyo Grande as written. REQUEST FOR LOT SPLIT CASE NO. 84-393, 281 JAMES WAY (MR. CHARLES DAHLQUIST) Public Works Director Paul Karp said Parcel Map AG 84-043 is consistent with the conditionally approved tentative map found to be consistent with the General Plan and City Zoning by the Planning Commission; and recommended Council accept on behalf of the public the offers of dedication shown on the map; authorize the Mayor and City Clerk to execute the improvement agreement on behalf of the City; and approve Parcel Map AG 84-043, Lot Split Case No. 84-393, in accordance with the memo of August 10, 1984. On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, to accept the r~ndations of Staff for approv.1 of Lot Split Case 84-393, Parcel Map AG 84-043. REQUEST FOR TWO YEAR PERFORMANCE BONO EXTENSION FOA IMPROVEMENTS MR. KARL HOGAN) Mr. rp sal a etter ated August , I , II resse to t e , ty ouncil, had been received from Karl Hogan, requesting an extension in time to complete building permit requirements on his properties at 1246, 1260 and 1270 Poplar Street. Mr. Hogan said he was making arrangements for a loan and that the project is about 75% complete. Jim McGillis, San Luis Engineering, and designer for Mr. Hogan, certified to the Council that drainage Improvements for the properties had been completed in compliance with plans and specifications prepared by his office. On motion of Councilman Vandeveer, seconded by Mayor Smith for discussion, to approve the two year performance bond extension requested by Mr. Hogan. Counc i 1 discussion followed and on the following roll call vote, to wit:. AYES: Councilmen Gallagher, Vandeveer and Mayor Smith NOES: Counci lman Mi 11 is ABSTAIN: Councilman Hogan the foregoing motion was carried. PUBLIC HEARING: APPEAL OF PLANNING COMMISSION'S DENIAL OF FRADES/KUDEN REQUEST FOR ZONING VARIANCE TO INCREASE DENSITY AT 180 BRISCO ROAD WITHIN B-3 MULTIPLE FAMILY RESIDENTIAL DISTRICT Planning Director Stan Eisner said the Planning Commission had denied the request for zoning variance to increase density at 180 Brisco Road, with certain conditions as outlined in July 17, 1984, memo, under the "Analysis" section. Mayor Smith said the notice of public hearing had been duly published and all requirements met, and declared the hearing open. , __~---1 r ) , ~ CITY COUNCIL AUGUST 14, 1984 ARROYO GRANDE, CALIFORNIA PAGE THREE. JOHN KUDEN, 738 Higuera Street, San Luis Obispo, asked when the property was taken in from the County by the City of Arroyo Grande, how was the property zoned? and what were the conditions? MANNY FRADES, 91 Corbett Canyon, said Mr. Tom Butch promised the property owners in Brisco Island that if they chose not to oppose annexation, their property rights would remain exactly the same; and the denial of the variance request goes directly against that promise. No one else wished to speak and Mayor Smith declared the public portion of the hearing closed. Council determined the property does meet specifications and requirements and that the property next door is identical and has ten units thereon. On motion of Councilman Hogan, seconded by Councilman Vandeveer, and unanimously.carried, to overturn the Planning Commission's denial and grant the appeal; since based upon the strict application of the zoning ordinance, the denial would deprive the property of privileges enjoyed by others. PUBLIC HEARING: APPEAL OF SPEC I F I C CONDIT! ON OF PLANN I NG COMM I SS I ON'S APPROVAL OF USE PERMIT FOR MINI-STORAGE FACILITY CONSTRUCTION WITHIN H-5 ZONE (HARRIS/COCKS) Mr. Eisner said Use Permit Case No. 84-377 originally requested a mini-storage facility to be located at 1166 Grand Avenue, and 'was approved by the Planning Commis- sion with recommendations for specific conditions. ORRIN COCKS and RON HARRIS, the applicants, filed an appeal raising issue with the requirement that an improved waterline to 8 inches in Brisco Road, from Grand Avenue to the property line, be installed. The applicants feel they do not receive direct benefit from this waterline and therefore the condition is inappropriate. Public Works and the Fire Oepartment feel strongly that the waterline is necessary to provide fire flows. The conditions are listed in Planning memo dated July 17, 1984. Mayor Smith said the notice of public hearing had been duly published and all requirements met and declared the hearing open. JIM McGILLIS, San Luis Engineering, said the applicants feel there is no legal reason for the City to require the eight inch waterline, and Mr. Harris would like a review by the City Attorney to determine the legality of the requirement.. No one else spoke and Mayor Smith delcared the public portion of the hearing closed. Council discussion followed. A motion was made by Councilman Hogan, seconded by Councilman Vandeveer, to continue the item until the next Council meeting. The motion failed on a 3-2 vote. Further discussion resulted in a motion by Councilman Gallagher, seconded by Councilman Millis, to deny the appeal and uphold conditions set forth by the Planning Commission. The motion carried on a 4-1 vote, with Counci lman Hogan voting "No". PUBLIC HEARING: USE PERM I T APPlI CAT! ON FOR MASTER 51 GN I NG PLAN FOR CASA GRANDE MOTOR INN/MARIE CALLENDER'S RESTAURANT (CN SIGNS AND GRAPHICS AND LEO WEBB, OWNER) Mr. Eisner said he had received, during the course of the meeting, a written request from Carlos Moerman of CN Signs, asking that the public hearing be continued because of Mr. Leo Webb's inability to be present. Mayor Smith said the notice of public hearing had been duly published and all requirements met and declared the public hearing open. On motion of Councilman Hogan, seconded by Councilman Gallagher, and unanimously carried, to continue the public hearing to the next Council meeting on August 28, 1984. OAK PARK INTERSECTION REPORT City Manager Mack said a proposal had been worked out at Staff levels between Cal Trans, the Cities of Pismo Beach, Grover City and Arroyo Grande; and the County of San Luis Obispo was also involved in the discussions and negotiations. Mr. Mack presented cost sharing breakdowns to Council for the two phases of the project. He said another meeting of the California Transportation Commission is scheduled for August 30, 1984, in Los Angeles. Mr. Mack explained details of the proposal on a posted map, which Council discussed. -- .~--_.'-- - -.----" ------ ----.-----,.-- ~--- _______J ..- ') I '.' CITY COUNCIL AUGUST 14, 1984 ARROYO GRANDE, CALIFORNIA PAGE FOUR. Mayor Smith summed up the discussion and said the Council agreed there is a need for a southbound on-ramp within the City of Arroyo Grande. She said another j meeting should be called to approve everything, and to contact whomever necessary I to propose and get a southbound on-ramp. She said an agreement will not be signed unti I further contact has been made with CalTrans. BONDED COVERAGE, OFFICERS AND EMPLOYEES City Attorney Art Shaw said his memo dated July 30, 1984, regarding bond coverage, lists his recommendations: (1) obtain basic "honesty" coverage of ~100,OOO. for all officers and employees, including volunteers; (2) an additional $50,000 coverage for the Finance Director; (3) "faithful performance" coverage for the City Manager and Acting City Manager. On motion of Councilman Millis, seconded by Councilman Vandeveer, and unani- mously carried, to approve the three recommendations of City Attorney Shaw regarding bonded coverage. VILLAGE RESTROOMS ALTERNATIVES Mr. Mack said the Council's motion was priority for permanent restrooms in the Village Green area and presented three possible alternatives, which would range in cost from $20,000 to $60,000.00. On motion of Councilman Mi11is, seconded by Mayor Smith for discussion, to I have Site 3 chosen, and to have City Staff proceed immediately. Mayor Smith explained I that Site 3 is directly behind the Social Security Office as illustrated on a posted I map. The motion carried, wi th only Counci lman Vandeveer voting "No". I i BRISCO ROAD REPORT ) Public Works Director Paul Karp said rights of way and rights of entry had been acquired on most of the properties on Brisco Road between Linda Drive and frontage road, which will allow curbe, gutters and sidewalks to be constructed with this project. He recommended that Council accept the grants of easement presented and to consider Mr. and Mrs. Tony Andrade's proposal to exchange right of way at 159 Brisco Road for a retaining wall. On motion of Councilman Vandeveer, seconded by Councilman Gallagher, to approve Andrade's request for a retaining wall in lieu of grading, and accept grant deeds for Brisco Road rights of way. The motion carried unanimously. FAIR OAKS DRAINAGE REPORT Mr. Karp said the City has broken ground and begun construction on Fair Oakes drainage project on Walnut and Sunset Drives. He said orders of immediate possession for all property easements necessary to complete the project are in hand, and attempts are being made to resolve (without going to Court) those rights of way. Mr. Karp explained the deeds and agreements involved and made recommendations for Council approval on each one, as outlined in Staff memo dated August 10, 1984. On mot i on of Counc i Iman Ga 11 agher, seconded by Counei lman Vandeveer, and unanimously carried, to adopt the recommendations of Staff, and accept on behalf of the public the grant of right of way from Landini by approving the associated right of way agreement; and conditionally accept on behalf of the public, the grant of right of way from the Burkes' on Sunset Drive, by approval of the appropriate right of way agreement contingent upon receipt of a Quit Claim from Bank of America. RESOLUTION ADOPTION: SALE OF SURPLUS PROPERTY Mr. Mack read the title of the Resolution. On motion of Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTI ON NO. 1790 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITEMS TO BE PLACED ON SURPLUS PROPERTY LIST. ---..--------- -----,- ~ -- \ . . ~- CITY COUNCIL AUGUST 14, 1984 ARROYO GRANDE, CALIFORNIA PAGE FIVE. On motion of Councilman Gallagher, seconded by Councilman Vandeveer, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Hogan, Millis, Vandeveer and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 14th'day of August 1984. APPOINTMENT OF REPRESENTATIVE TO ECONOMIC OPPORTUNITY COMMISSION BOARD Mayor Smith continued the item until the next Council meeting. WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS Councilman Gallagher asked about sidewalks for E. Branch Street and for Fair Oaks to Halcyon. Mr. Karp said an engineer and appraiser are being sought. Councilman Gallagher asked if there was any way to voice concern to the County about the development and drainage on Noyes Road, being done by the County. Mayor Smith asked about the stockpile of dirt behind the cemetery. Mr. Karp said a permit had been granted yesterday to move 10,000 yards of it. ADJOURNMENT Mayor Smith adjourned the Regular Session to Closed Session at 10:18 P.M. RECONVENEMENT AND ADJOURNMENT The Council reconvened from Closed Session to Regular Session at 10:38 P.M. and adjourned from Regular Session at 10:40 P.M. y3'~~ MAYOR ATTEST: