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Minutes 1985-12-10 r-- -", CITY COUNCIL DECEMBER 10, 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 Tem 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. Kenneth Beene, Landmark Mi ss i onary Bapt i st Church, deli vered the invocation. ORAL COMMUNICATIONS Sara Mi lton, Wendy Harbert, Matt Gerri sh, Darryl Bobczynsk i, Kirk Chaney and Travis Schroeder, all students at Ocean View Elementary School, spoke on their concerns for improving the City. They suggested more ramps and fewer stairs for older and handicapped people, repairing holes in streets, replacing missing signs, repairing old and installing new bike paths, putting in new crosswalks and sidewalks, enforcinq the closure to the public of the road in front of the school and cleaning ice plant overhanging sidewalks. Mayor Smith said the concerns have been noted, and the suggestions will be given to the proper department and commissions. She praised the students for their interest in City government. CONSENT AGENDA On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to approve Consent Agenda Items 1 through 9, ., ___.__ ___________n I. Approval of Council Minutes of November 26, 1985 (Recommend Approval) 2. Demand Register (Recommend Approval) 3. November, 1985 Departmental Report (Information) 4. December', 1985 Planning Commission Answered Agenda (Information) 4A. November 18, 1985 Parking & Traffic Commission Minutes (Information) 5. October, 1985 SCAT Performance Report (Information) 6. League of California Cities' Legislative Bulletin No. 39-1985 (Recommend Review & File) 7. Tract l158, Oak Park Villas, Improvements Acceptance (Recommend Acceptance) 8. Soto Sports Complex Storm Drain Project Final Payment (Recommend Approval) 9. Wheel Balancer Award of Bid (Recommend Approval) __u_..___ -__ -<-" <'---. OAK PARK PROFESSIONAL CENTER FENCE APPROVAL City Manager Robert Mack said this was an information item only, and no specific action was requested. OAK PARK INTERCHANGE PROJECT REPORT Mayor Smith sai d she had met wi th the Mayors of Pi smo Beach and Grover City to discuss the Caltrans plan for the intersection and an alternate plan developed by Oak Park Associ ates. Mayor Smith sai d the project is threatened, but that there will be further meetings before any decisions are made. Mr. Mack said that the Council would discuss the legal aspects of the contract in Closed Sessicn. ---- ,- CITY COUNCIL OECEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE TWO -...-.-.......---- - ------ ..--._.'- --.----,..- CHRISTMAS TREE ISLAND/BRIDGE STREET WIDENING Public Works Director Paul Karp discussed Council Member Gallagher's idea of making Bridge Street the same width from Arroyo Grande Creek Bri dge to Traffi c Way and modi fyi ng the park is 1 and to accorrrnodate the wi der wi dth of th e road. He sa i d the work cou 1 d be done as part of the Traffic Way project for approximately $13,000.00. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to widen Bridge Street in the project to reconstruct Traffic Way. " ____~_.___._____m__.._.__ PETOSEED UTILITY SERVICE AGREEMENT Mr. Mack explained the agreement with Petoseed for the City to furni sh water and sewer servi ces to the company. City Attorney Art Shaw suggested that the words, "Affecting Real Property" be added to "Agreement" and that the agreement be recorded with the County Recorder. He said the signatures would have to be notarized before going to the Recorder. On motion of Council Member Johnson, seconded by Council Member Porter, and unanimously carried, to authorize the Mayor to enter into an agreement with Petoseed. ORDINANCE REZONING GRIEB PROPERTY Mayor Smi th said the Counci 1 had received a letter from the firm of Richmond Rossi Montgomery and asked T. Keith Gurnee, Senior Vice President, to speak on the matter. Mr. Gurnee asked the Counc il to initiate a New General Plan Amendment or Deny the Proposed Rezoning with Speci al Findings. Mr. Shaw suggested that the Council go ahead and vote on the proposed Ordi nance and then take any other act ions. Mr. Mack read the title of the proposed Ordinance. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried to dispense with further reading of the Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ARROYO GRANDE APPROVING A ZONE CHANGE FROM "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R-3" MULTIPLE FAMILY RESIDENTIAL DISTRICT AND CHANGING A PORTION FROM "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT TO "0" OPEN SPACE DISTRICT, APPLIED FOR BY THE GRIEB FAMILY TRUST ON PROPERTY ON SOUTH HALCYON ROAD AS DEFINED ON THE ATTACHED MAP, LABELED "EXHIBIT A". On motion of Council Member Moots, seconded by Council Member Porter, and on the following roll call vote, to wit: AYES: None NOES: Mayor Smith and Council Members Ga 11 agher, Johnson, Moots and Porter ABSENT: None the foregoing Ordinance failed. Mayor Smith suggested that the Grieb Family and Richmond Rossi Montgomery draw up another proposal and come back to the Council through the normal procedures. Other Council Members said they would like to have time to read the letter from the firm. Mr. Shaw said that since the Council said it would listen to another plan put forth by the Griebs, that Planning Director Eisner and Mr. Gurnee meet with him and decide how to proceed with the matter. -- --.....---...----- , .~ CITY COUNCIL DECEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE THREE PUBLIC USE PERMIT APPLICATION BY FESTIVAL ENTERPRISES FOR ADDITION TO EXISTING HEARING MOVIE THEATER, 1160 WEST BRANCH STREET, WITHIN PLANNED DEVELOPMENT ZONING DISTRICT Mr. Eisner said that this was Use Permit Case No. 85-402, and the applicant was asking for four additional screens, 244 seats per screen, at the Festival Cinemas' Complex, total square footage of 12,046, and a restaurant site containing 3,600 square feet of public dining area on the Western portion of the property. He said that the site plan i ndi cates that 598 park i ng spaces wi 11 be provi ded on the site, whi ch exceeds the required amount (573 spaces). After Counc il quest ions of staff, Mayor Smith sai d the Notice of Pub 1 i c Heari ng had been duly pub 1 i shed and all requirements met for thi s public hearing and invited the public to address the Council. JOHN JEHA of Festival Enterprises described the project and said the greater number of screens would allow a wider variety of films to be shown, including foreign films. He said the restaurant would be a "Sizzler." Mayor Smith said she would like to have a better restaurant in Arroyo Grande. Mayor Pro Tern Gallagher said that the current number of screens was adequate. He also said Festival Enterprises should consider a more upscale restaurant than a "Sizzler." Mayor Smith called for others to speak, and when no one came forward, she declared the hearing closed. Mayor Pro Tern Gallagher said he had hoped for a better mix in Rancho Grande than just the largest theater complex on the Central Coast. Council Members Moots and Porter said they had no objections if the owners felt the project was economically feasible. Council Member Johnson said the theaters have been an asset to the community, but has qualms about the restaurant. Mayor Smith said she had no objection to the expansion, and hopes for a good design on the restaurant. Mr. Eisner read the title of the proposed Reso 1 ut ion. On mot i on of Mayor Pro Tern Ga 11 agher, seconded by Council Member Johnson, and unanimously carried to dispense with further reading of the Resolution. RESOLUTION NO. 1923 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RECOMMENDING APPROVAL OF USE PERMIT CASE NO. 85-402 APPLIED FOR BY FESTIVAL ENTERPRISES On motion of Council Member Moots, seconded by Council Member Johnson, and on the following roll call vote to wit: AYES: Mayor Smith and Council Members Johnson, Moots and Porter NOES: Mayor Pro Tern Gallagher ABSENT:. None The foregoing Resolution was passed and adopted on the 10th day of December, 1985. PUBLIC PROPOSED ASSESSMENT DISTRICT FOR PUBLIC WORKS IMPROVEMENTS, RANCHO GRANDE HEARING AND CERTAIN ADJOINING AREAS Mr. Karp referred to his staff report of December 6, 1985, and said that the necessary maps, as well as commitments from the owners of Rancho Grande have not been filed with the City, and in light of the information presented by the City Manager at the last regular meeting with regard to the potential for abandonment of the assessment district, it would not be prudent to proceed at this point. He recommended opening the public hearing and taking any testimony and then continuing the hearing to January 14, 1986. ! . _.'-~ -, CITY COUNCIL OECEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE FOUR PROPOSED ASSESSMENT DISTRICT-RANCHO GRANDE Continued 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. REUBEN KVIDT, developer of Oak Park Acres, asked if he could present any information at the January 14, 1986, meeting, and the Mayor answered in the affirmative. On motion of Counc il Member Johnson, seconded by Counc il Member Porter, and unanimously carried, to continue the public hearing to January 14, 1986, at the hour of 8:00 P.M. in the Council Chambers. FINAL READING OF RESIDENTIAL SUBDIVISION TENTATIVE MAP VESTING REGULATIONS ORDINANCE Mr. Karp read the title of the proposed Ordinance. On motion of Mayor Pro T em Ga 11 agher, seconded by Counc i 1 Member Johnson, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. 338 AN ORDINANCE OF THE CITY OF }RROYO GRANDE MODIFYING THE SUBDIVISION ORDINANCE BY AMENDING CERTAIN SECTIONS ..__.._---_._~.,--- On motion of Council Member Moots, seconded by Counc il Member Johnson, and on the following roll call vote to wit: AYES: Mayor Smith and Council Members Gallagher, Johnson, Moots and Porter NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 10th day of December, 1985. ..---.---"--' -. ------ WATER AND FABRICATION SHOP AWARD OF BIDS Mr. Karp referred to his staff report of December 6, 1985, and recom- mended that the City Counc il authorize a contract between the Ci ty of Arroyo Grande and Bunne 11 Construction, Inc. , of San Luis Obispo for construction of the referenced project budgeted for this fiscal year (from the General and Water Funds) in the amount of $35,567.00. After Council questions, on motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to approve Mr. Karp's recommendation. RESOLUTION ESTABLISHING 30-MINUTE PARKING ZONE (401 TRAFFIC WAY) Mr. Karp read the title of the proposed Resolution. On motion of Mayor Pro Tem Gallagher, seconded by Council Member Johnson, and unanimously carried to dispense with further reading of the Resolution. RESOLUTION NO. 1924 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THIRTY (30) MINUTE PARKING lONE ON A PORTION OF TRAFFIC WAY (401 TRAFFIC WAY) ENCOMPASSING A MINIMUM OF ONE (1) PARKING SPACE. (MUNICIPAL CODE 4-3.05) -----...-,------..--------- . CITY COUNCIL OECEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE FIVE 30-MINUTE PARKING ZONE-401 TRAFFIC WAY Continued - ---.."------..- On mot i on of Mayor Pro Tem Gallagher, seconded by Counc i 1 Member Johnson, and on the following 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 this 10th day of December, 1985. PARKING AND TRAFFIC COMMISSION APPOINTMENT Mayor Smith asked that this item be continued to the next meeting, and asked Counc il Members to each submit the name of one potential commission member. COUNCIL CHAMBERS BUILDING REMODELING REPORT After Counc i 1 discussion, Counc il Member Johnson proposed that she and Mr. Mack discuss with a carpenter costs for the various phases of the remodeling, and report back to the Counci 1 at each phase. On motion of Council Member Porter, seconded by Council Member Moots, and unanimously carried, to approve Council Member Johnson's recommendation. WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS None ADJOURNMENT TO CLOSED SESSION . The Council adjourned to a closed session at 8:46 P.M. RECONVENEMENT FROM CLOSED SESSION AND ADJOURNMENT The Counc il adjourned to Regular Session at 9:27 P.M. after Closed Session. Mayor Smith and Council Members Matt Gallagher, D. G. Porter, Dorace Johnson and Gene Moots were present. Counc il Member Johnson moved, seconded by Council Member Moots, to adjourn the meeting. Upon inquiry by Mayor Pro Tem Gallagher, Mr. Mack advised the Council that the next Regular City Council meeting will be a 1:00 P.M. Wednesday, December 18, 1985, in the City Council Chambers, and that the City Council had previously, by motion, adopted the December 18 meeting as a substitute for the regular Tuesday, December 24, 1985, Council meeting which, would have fallen on Christmas Eve. The mot i on unanimously passed. The meeting adjourned at 9:30 P.M. -------~.._---