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Minutes 1984-04-24 ~ ~ ,--. -', CITY COUNCIL APRIL 24, 1984 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor Smith presiding. Upon roll call Councilmen Matt Gallagher, Karl Hogan and Lawrence Vandeveer were present. Councilman Mark Millis was absent. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Hogan led the Pledge of Allegiance to our Flag. Counc i 1 Member Vandeveer delivered the invocation. APPROVAL OF MINUTES On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, the Minutes for the Meeting of April 10, 1984, were approved as presented. APPROVAL OF CHECKS On motion by Councilman Vandeveer, seconded by Councilman Hogan and unani- mously carried, Demand Checks No. 22300 through 22387, in the total amount of $97,553.32; and Payrol.l Checks No. 27443 through 27584, in the total amount of $77,172.18, were approved for payment as presented by City Manager Mack. . CONSENT AGENDA On motion by Counci lman Gallagher, .seconded by Councilman Vandeveer, and unanimously carried, Consent Agenda Items #7 through #13 were approved as recommended. 7. Clean-Up Week for 1984--April 30, to and inclu~ing May 5, 1984. INFORMA- -, TIONAL ONLY. i 8. Proclamation--Lamaz~ .Childbirth/Prepared Parenthood Week, May 6-23, 1984. I MAYOR SO PROCLAIM. I 1 1 9. Minutes and/or Answered Agendas: REVIEW AND FILE I -- Planning Commission Meeting/Answered Agenda of 4/17/84. -- Parking and Traffic Commission Minutes of 3/19/84. --Parks and Recreation Commission Meetin~ Notes of 4/12/84. -- Zone 3 Advisory Committee Meeting Notes of 3/15/84. I -- SCAT Minutes of 1/25/84, Plus Monthly Performance Report for February and March, 1984, and Excerpt by Cal Trans Re: Fund Grant. -- South San Luis Obispo County Sanitation District Minutes of 4/4/84. 10. League of California Cities: REVIEW AND FILE -- Legislative Bulletin No. 13-1984. -- Legislative Bulletin No. 14-1984. 11. Arroyo Grande Council Members' and Commissioners'. Update Listing. INFORMATIONAL ONLY. 12. Explanation of Purchase-- 3 Folding Tables. INFORMATIONAL ONLY. 13. Authorization to Award Bid - Relocation of Storm Drain at Soto Sports Complex - $17,237.00. RECOMMENO APPROVAL. PUBLI C HEAR I NG: CONSIOER APPEAL FOR USE PERMIT/CONSTRUCTION OF RESTAURANT Planning Oirector Stan Eisner said Oak Park Restaurant Associates requested a Use Permit to allow construction of a Restaurant on West Branch Street, Oak Park Acres, within Planning Development District. He reviewed a posted drawing, particularly in regard to parking areas; and recommended approval by Council. Mayor Smith said the Notice of Public Hearing had been duly published and requirements governing hearings had been met and the hearing was declared open. TONY OREFICE, of ARCHITECTS, said he was present to answer any questions. Mayor Smith invited others to speak. There was no one, and the Public Hearing portion was closed. Councilman Vandeveer said the Oak Park intersection might have additional traffic problems, but he had no.objection to the Restaurant. Counc i I man Gallagher said he was in favor of the project. - . ~ ~ CITY COUNCIL APRIL 24, 1984 ARROYO GRANDE, CALIFORNIA PAGE TWO. Mr. Eisner read the title of the Resolution. A motion was made by Councilman ~"" Gallagher, seconded by Councilman Hogan, and unanimously ca.-ried, to dispense with further reading of the Resolution. -""" (Resolutions are erroneously numbered--#1759 & #1760 follow) RESOLUTI ON NO. 1761 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A USE PERMIT, CASE NO. 84-366, APPLIED FOR BY OAK PARK RESTAURANT ASSOCIATES TO ALLOW A RESTAURANT ON WEST BRANCH STREET IN THE HIGHWAY SERVICE DISTRICT. On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Hogan, Vandeveer and Mayor Smith NOES: None ABSENT: Councilman Millis the foregoing Resolution was passed and adopted the 24th day of April 1984. PUBLI C HEAR I NG: CONSIDER APPEAL TO ALLOW FREE STANDING SIGN AT BANK OF AMERICA Mr. Eisner said the matter was submitted for Architectural Review, and to the Planning Commission, requesting a Use Permit to allow a free standing sign 3S ft. in height, at the Bank of America site, 200 W. Branch Street, in the H-S District. The Planning Commission's denial was appealed to the City Council. The Planning Corrrnission recommended a "pedestal type" sign. Mayor Smith said the Notice of Public Hearing had been duly published and all requirements governing hearings had been met, and declared the hearing open. No representative from Bank of America was present, and no one came forward to speak. Mr. Eisner said a written communication received from RITA JOHNSON, ,',' 238 ~. Branch, dated 4/20/84, recommended sustaining the Planning Commission's action. On motion by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, the letter was accepted into the record. SHIRLEY GIBSON, 277 E. Cherry, expressed appreciation of.Council's action. WILLIAM CARLYLE, 801 Stratford, Pismo Beach, commented on attractive signs that are displayed on the sides of buildings in other California areas. No one else came forward, and Mayor Smith closed the public portion of the hear; ng. Following Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Vandeveer, supporting the Planning Commission's and the Architectural Review Committee's recommendations for a "pedestal type" sign, and denying the appeal by the Bank of America. On a 3-1 vote, with Councilman Hogan voting "No", the motion carried. VILLAGE MERCHANTS ASSOCIATION REQUEST FOR RESTROOM FACILITIES JIM SILVA, President, Village Merchants Association, said the need for public restrooms in the Village is acute and requested reconsideration by the Counc i I . Following discussion, Council asked the Association to prepare a proposal outlining plans for the location of restrooms, and submit the proposal to Council. REQUEST BY CASA GRANOE ASSOCIATES TO ENCROACH UPON WATER MAIN EASEMENT Mr. Karp said Staff was approached to issue an encroachment permit for a Casa Grande Mote] sign, over the easement, held up by two posts, and the pilings would encroach on each side of the easement straddling the water pipeline. Mr. Karp and thz City Attorney recommended against the permit. ~ ~ . .- ~ C!TY COUNC I L APRI L 24, 1984 ARROYO GRANOE, CAL I FORN I A . PAGE THREE. LEE WEBB, 337 Barkley Court, Santa Ana, CA, said the sign would be obstructed by the building if the poles are moved outside the easement; and requested the allowance of one foot on either side for footing, along with the overhead sign. On motion of Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried, allowing encroachment for the sign for Casa Grande Associ- ates with the stipulation that they provide a wiaver liability for the City, in the event there is injury or the sign is damaged as a result of City mainten- ance act i vi ties. REQUEST FOR COMMITTEE TO nEVE LOP TECHNIQUES FOR AGRICULTURAL LANO PRESERVATION Mr. Eisner requested Council to establish a Committee responsible for finding solutions regarding the preservation of agricultural land in the City. MR. D. G. PORTER, 541 Ide Street, said he had been before the Planning Commission and wished to restate his position before the City Council. He said he desires to protect agricultural land and asked for two City Council Members to sit on the Committee. LEROY SARUWATARI, 512 Launa Lane, said his letter stated concerns and pointed out on a post map where his land is located, and two pieces of land (or more) that he expected to fall to development. He said a committee is needed to study plans for the land use. Councilman Gallagher said prime agricultural land should be preserved and noted that agricultural land does not increase the school population, the need for police services, utility services, or affect the network of roads. Councilman Vandeveer said he believes in saving farm land but also believes in housing. He stated he did not believe Council Members should serve on the requested Committee. Councilman Hogan said he agreed with the concept of preserving farm land and that the City needs a plan regarding the land within the City. City Attorney Shaw said he would like to submit a memo to Council at their next meeting stating the powers of the Council as an adjudicative body and also as a legislative body. CLARK MOORE, Planning Commissioner, said there is a need for short-range and long-range policies set by the Council. Mayor Smith expressed her concern for sitting on the Council as policy makers, and then being expected to be unbiased as a member of the committee, during'a public hearing before certain property owners. She said she felt Council should wait until the memo from the City Attorney is presented at the next meeting, before establishing the Committee. LOT SPLIT, PARCEL MAP NO. AG 84-044 (ROBERT PLUMB) Mr. Karp posted Map No. AG 84-044 on the board, and said Mr. Plumb proposed to divide his lot into two parcels, resulting in each being over the required 20,000 sq. ft. minimum. He said Mr. Plumb had complied with all requirements of the Tentative Map, including executing agreement and posting security to improve James Way with all appropriate utilities. Mr. Karp recommended. approval with the conditions listed in Staff Report dated April 17, 1984. He stated the property is not included in the Assessment Oistrict 81-1. On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, approving Lot Split Case No. 83-382, with the conditions recommended by the City Engineer. COUNCIL MEMBER MILLIS ARRIVED AT 9:10 P.M. ANO IS NOW PRESENT. LOT LINE AOJUSTMENT, PARCEL MAP AG AL 84-027 (MARGARET R. WORK) Mr. Karp posted the Map on the board, and said the two existing parcels had been studied as a tract last year by Council. The owner now wishes to .have the area developed independent of the area where a home exists (Parcel A). The map adjusts the existing Jot lines for such development. . ~- - CITY COUNC I L APRIL 24, 1984 ARROYO GRANDE, CALIFORNIA PAGE FOUR. On motion of Councilman Vandeveer, seconded by Councilman Hogan, and ..'..... unanimously carried, Lot Split Case No. 84-392 was approved according to Staff's recommenda t i on s. -.., COUNCIL RECESSED FROM 9:15 P.M. TO 9:23 P.M. FINAL ACCEPTANCE OF IMPROVEMENTS TRACT 1000 (ASPEN V I LLAGE) Mr. Karp said Tract 1000 is the condominium built by Kirby Gordon and Bill Irvine on South. Elm Street, and they have asked that their bond be released, and in order to do that the City must accept Elm Street for maintenance. On motion of Councilman Gallagher, seconded by Councilman Hogan, and unanimously carried, for final acceptance of improvements on Tract 1000, Aspen Vi llage. Councilman Millis said he was very impressed with the quality and develop- ment of Aspen Village and suggested a letter of commendation was in order. Mayor Smith directed the letter be written. RESOLUTION TO VACATE AND ABANDON EXCESS RIGHT OF WAY ON HUASNA ROAD Mr. Karp said the Resolution sets a Public Hearing for proposed abandon- ment of excess right of way, which was created as a result of realignment of Huasna Road many years ago. Following the adoption of the Resolution, Staff . will post the property and advertise the Resolution. The request was made by the IKEDA BROTHERS, who are subdividers of the area. The Planning Commission acknowledged the abandonment when they.approved the Tract Map, and Mr. Karp said he had written a Resolution which Council is required to adopt, if Council does not wish ~he matter to go back to the Planning Commission. Mr. Karp read the title of the first Resolution. On motion by Councilman Gallagher, seconded by Councilman Hogan, and unanimously carried, to dispense with further reading of the Resolution. (Resolutions are erroneously numbered.) . RESOLUTI ON NO. 1760 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANOE ELIMINATING THE REQUIREMENTS OF REFERRAL TO PLANNING COMMISSION IN MATTERS INVOLVING STREET WIDENING OR ALIGNMENT PROJECTS OF A MINOR NATURE (ADOPTED SPECIFICALLY FOR ABANDONMENT OF A SECTION OF HUASNA ROAO, RESOLUTION NO. 1759) . On motion by 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 24th day of April 1984. Mr. Karp read the title of the second Resolution. On motion by Council Member Vandeveer, seconded by Council Member Hogan, and unanimously carried, to dispense with further reading of the Resolution. (Resolutions are erroneously numbered.) RESOLUTION NO. 1759 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SETTING FORTH ITS INTENTION TO VACATE AND ABANDON A PORTION OF HUASNA ROAD IN THE CITY OF ARROYO GRANDE, AND FIXING TIME AND PLACE FOR HEARING AS PROVIDED BY STREETS AND HIGHWAY CODE SECTION 8300, ET SEQ. --~_._- . - .~ , CITY COUNC I L APR I L 24, 1984 ARROYO GRANDE, CALIFORNIA PAGE FIVE. On motion by Counci lman Vandeveer, seconded by Counci lman Hogan, 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 24th day of April 1984. BRISCO ROAD IMPROVEMENTS REPORT Mr. Karp posted a map and explained the plans for grading, regrading and lowering Brisco Road, and reconstructing a section which wi 11 accommodate future curbs, gutters. and sidewalks. He said property owners are being contacted to see if they want more than the minimum required for the street (such as, sidewalks and curbs); and see if the property, owners wish to deed to the City the property for sidewalks. Councilman Millis asked that the item be continued as an Agenda item. OAK PARK.TRAFFIC SAFETY REPORT Mr. Mack said correspondence had been directed to Assemblyman Seastrand and a response from him is expected shortly after return to his office from Easter recess. Councilman Hogan suggested the Mayor should also contact the District Engineer for support. QUIMBY ACT - PARK LAND DEDICATION OR FEES IN LIEU THEREOF Parks and Recreation Director John Keisler said the Commission had worked on the proposed Ordinance the past two meetings, to clarify State requirements and recommenda t ions, rega rd i ng the 1 and ded i ca t i on or. a .fee in lieu of 1 and. Mr. Keisler said it was an all encompassing Ordinance, which had a lot of teeth and few loopholes. He said it was very complicated, and explained the Ordinance further. The fees come to approximately $2200.00 per lot using the Quimby Act formula, which encourages the developers to develop the park land rather than pay fees. Council discussion followed and Council agreed more study is needed. On motion by Counci lman Gallagher, seconded by Counci lman Mi II is, and unanimously. carried, Council will hold a Public Hearing on the subject at the next meeting, May 8, 1984. FEASIBILITY OF DEVELOPING WATER PIPELINE TO INTERCONNECT LAKE MARGARITA & LOPEZ Mr. Mack said a meeting had taken place with Congressman Thomas in San Luis Obispo. The City Representative was Council Member Gallagher, accompanied by Mr. Mack and Mr. Karp, to discuss the feasibility of developing. a three mile pipeline through the San Luis wilderness to interconnect Lake Margarita and Lopez Lake. Congressman Thomas described Congressman 5eiberl ing's objection to disturbing the wilderness areas, and the problems of the President obtaining approval through Congress, if the Administration exercised a waiver. RESPONSE FROM EMPLOYMENT DEVELOPMENT DEPARTMENT FOR SERVICES IN SOUTH COUNTY Mr. Mack said a response received from EOD, dated April 9, 1984, stated that because of staffing and budget reduction, and escalating premises and operational costs, no additional service points can be opened at this time. RESPONSE FROM DEPT. OF HEALTH SERVICES RE: LOW LEVEL RADIOACTIVE WASTE DISPOSAL Mr. Mack said at the direction of the Governor, a response from the Depart- ment of Health Services was received explaining the establishment of a low level radioactive waste disposal site in California, and the requirements to assure adequate public health protection. ANNUAL JOINT MEETING OF CITY COUNCIL WITH PARKS AND RECREATION DEPARTMENT Mr. Mack said an invitation had been received from the Parks and Recreation Department to the Annual Joint Meeting and Barbeque, on May 9, 1984, at 5:30 P.M. at the Council Chambers. Council unanimously accepted the invitation. . - ---. C!TY COUNC I L APRIL 24, 1984 ARROYO GRANOE, CALIFORNIA PAGE SIX. ARBOR DAY CELEBRATION ~~".' Mr. Keisler said an informal ceremony.observing Arbor Day, and the City's second Honorary Tree City U.S.A. Award, would be held April 25, 1984, at '11:00 A.M. at Terra De Oro Park. He said Mr. Ben Parker, Department of ~-...., Forestry would be present. ORAL COMMUNICATIONS Councilman. Millis asked for the status of the report on the bonding of the Cityemployees.. City Attorney Shaw said the research is not yet complete and the report should be ready for the next Agenda. Counci Iman Gallagher questioned Staff about building inspectors and their responsiblities as related to building and construction on the Wildwood project; and, if it is being done by private contract. Mr. Karp said. there are two full time City Inspectors responsible for construction and building inspections, and one Contract Inspector answerable to the Chief Inspector, John Richardson, who is answerable to the Public Works Di rector. .The in~pection team includes the Contract Inspector working for the City, a sewer leadman, a water leadman (permanent City employees), the Associate Engineer, and a soil lab that certifies all the grading has conformed to the Soils Report. Mr. Karp indicated that a tract must meet the requirements of the entire team prior to acceptance by the City Council. WRITTEN COMMUNICATIONS None ADJOURNMENT TO CLOSED SESSION Mayor Smith adjourned the Council to Closed Session at 10:03 P.M. The Closed Session was adjourned to Regular Session at 10:33 P.M. RECONVENEMENT TO REGULAR SESSION AND ADJOURNMENT Council reconvened in Regular Session at 10:35 P.M. with all Council Members present. Councilman Vandeveer moved, seconded by Councilman Hogan, and unanimously carried, for. David Glenn, Parks and Recreation Department employee, to be . promoted from Maintenance Man I to Maintenance Man II, with a salary increase' of $74.00 per month commencing July 1, 1984. Mr. Mack read the:title of a Resolution. On motion by Councilman Gallagher, seconded by Councilman Millis, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1762. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING AN EMPLOYEE BENEFIT PROGRAM, INCLUDING A SALARY SCHEDULE POSITION CLASSIFICATION AND SALARY STEPS WITHIN THE RESPECTIVE RANGES FOR MANAGEMENT, CONFIDENTIAL AND PART-TIME EMPLOYEES AND FIRE VOLUNTEERS WHERE APPLICABLE, FOR 1984/1985 AND AMENDED RESOLUTION 1711. On motion by Councilman Gallagher, seconded by Councilman Millis, 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 24th day of April 1984. -.---"'- --.. ..... ~... . ----. - CITY COUNCIL APRIL 24, 1984 ARROYO GRANDE, CALIFORNIA PAGE SEVEN. .....-.....' The Regular Session of the City Council was adjourned at 10:55 P.M. -..,..".. ". MAYOR ATTEST: DEPUTY CITY CLERK ~~