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Minutes 1985-09-10 , CITY COUNC I L SEPTEMBER 10, 1985 ARROYO GRANOE, 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 Dorace Johnson led the Pledge of Allegiance to our flag. The Rev. Everett L. Taylor of the United Methodist Church delivered the invocation. APPROVAL OF MINUTES On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, the Minutes of the Meeting of August. 27, 1985, were approved as corrected. APPROVAL OF CHECKS On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, Demand Checks No. 26430 through 26533 for $182,372.99, and Payroll Checks No. 31437 through 31541 for $90,815.76, for a Grand Total of $273,188.75, were approved for payment as submitted by City Manager Robert Mack for Finance Director David Bacon. ORAL COMMUNICATIONS JOHN LOUFEK of 1148 Fair Oaks and president of the Arroyo Grande South County Seniors spoke to the Council asking for a letter of support to the California Department of Aging, The Seniors have applied for monies for alterations, equipment and start-up funds for a Senior Center, he said. Mr. Loufek showed plans for improvement of the property at 237 N. 10th Street, Grover Ci ty. IRVIN GESSWEIN OF GROVER CITY said the seniorswere not asking for money from the Council at this time but for letters of intent. He said membership in the various clubs was all mixed between senior residents of the various cities, and a place for the members to come together was needed. After Council discussion and upon motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, Council Members voted to write ~ letter of general support for the seniors' efforts toward the senior center. CONSENT AGENDA Council Member Johnson withdrew Items 17 and 19 and Council Member Porter withdrew Item 13 from the Consent Agenda for discussion. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to approve Consent Agenda Items 7 through 12, 14 to 16, 18 and 20. -~_._- --.---- -- ----- 7. Proclamation designating Erosion Control Month [Recommend Mayor So ProclaimJ. 8. Council, Commission and Board Members' Listing IInforlT!ational OnlyJ. 9. Fall, 1985, Recreation Schedule [Recommend Review and FileJ. 10. August, 1985, Departmental Report [Recommend Review i!nd FileJ. 11. September 3, 1985, Planning Commission Answered Agenda and/or Minutes [Recommend Review and FileJ. 12. August, 1985, Parking and Traffic Commission Minutes [Recommend Review and FileJ. - . .~.._. 1'1. July, 1985, SCAT Monthly Performance Report [Recommend Review and FileJ. 15. Grover City Resolution Opposing Delay/Cancellation of Highway Projects within County of San Luis Obispo under State Transportation Improvement Program [Recommend Review and FileJ. 16. League of California Cities' Legislative Bulletins Nos. 31 and 32 [Recommend Review and FileJ. ...--..-- ---------- >- CITY COUNCIL SEPTEMBER 10, 1985 ARROYO GRANOE, CALIFORNIA PAGE TWO CONSENT AGENDA Continued 18. Authorization to Purchase Computer and Accessories for Parks and Recreation (Recommend Low Bid Award). 20. Release of Cash Performance Bond, Lot Split Case No. AG AL 84-234, 1190 Grand Avenue (Recommend Approval). 13. Investment Deposit Statement (Information Only). Council Member Porter questioned the Report of Investments for July and August, 1985, and Mr. Mack said the amounts decrease in the Summer and later in the year begin to increase. Mr. Porter asked about Pooled Deposits, and Mr. Mack said they were set up by the State allowing withdrawals and deposits on a daily basis. 17. Authorization to Paint House Numbers on City Street Curbs (Recommend Review and File). Council Member Johnson, asked if this was a Citywide plan. Mr. Mack said it was a private vender, was voluntary, and does not give the vendor an exclusive franchise. 19. Progress Payment No.2 for Tally Ho Road Improvements (Recommend Approval of Payment). Council Member Johnson said she had had a complaint from one of the property owners, and Public Works Director Paul Karp said the inspector is discussing the problem with the owner individually. He said that the project should be completed within 30 days. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to approve Items 13, 17 and 19 on the Consent Agenda as recommended. PUB LI C PROPOSED CHANGE OF.ZONING'CLASSIFICATIONFOR HAROLD LEE - JAMES WAY HEARING Planning Director Stan Eisner said that this was a request to amend the Zoning Ordinance by changing the Lee property from IRA-B2" Residential Agricultural District to IRA-B1-D" Residential Agricultural District combined with Design Development District. He said the property is located immediately adjacent to property recently rezoned from IRA-B3" to IRA-B1-D" (Lauthbury). He said that at the time of the Lauthbury rezoning, it was pointed out that at such time as the Lee property was rezoned and the appropriate land division filed, the necessary dedication to complete the full width improvement of James Way would be accomplished. He said the Planning Commission felt that the reduced lot area would not be consistent with the land use pattern on James Way and recommended denial of the rezoning. 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. OAVE RHINER, planner for San Luis Engineering, representing Mr. Lee, referred to his September 10, 1985, letter asking for a two-week continuance of the Public Hearing. He said he would prefer to speak on the issue at the next City Council Meeting, when Mr. Lee would be in attendance. MARILYN CAFARCHIA of 241 James Way said she lives directly across from the property in question, and has two acres of land. She said the Lee lot should remain RAB2, and that James Way does not have small lots. BILL WEITKAMP of 251 James Way spoke against the rezoning, saying it would be inconsistant with James Way lots at present. -~._- , ~ CITY COUNCIL SEPTEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE THREE SPENCE THOMAS of 141 James Way said there is no reason to downzone this property to RA-Bl-0, and that the lot is not flat at all. ADELLE HALL of 244 James Way said she is against the rezoning. On mot ion of Counci 1 Member Moots, seconded by Counci 1 Member Johnson, and unanimously carried, Mayor Smith continued the Public Hearing until the next meeting as requested by the applicant. PUBLIC PROPOSED CHANGE. OF ZONING CLASSIFICATION-RON OLSON, E.A. WICAL-HUASNA ROAD HEARING Mr. Eisner said this is a resubmission of a request for Planned Development zoning for 22 unit condominium project designed as a "cluster" of 11 buildings on the northwest protion of the property, arid adjacent to the Wildwood Ranch. He said the overall density of the project is 2.75 units per acre, which falls within the Low Density Residential category of the General Plan which permits up to 4.5 units per acre, He said the revised proposal includes techniques for dealing with on-site drainage. He said it is a three-part application, a zone change, a change in the Tentative Tract Map, and a an Architectural Review. He said the Planning Commission had recommended approval. After Council questions from staff, Mayor Smith said the Notice of Public Hear i ng had been du 1 y publ i shed and a II requirements met for this public hearing and invited the public to address the Council. RON OLSON, agent for Elvin A. Wical, said entrance to the property would be through a lot owned by Dr. Wical. He said they had tried to solve the drainage problem in the neighborhood, and explained their plan for carrying the drainage to Arroyo Grande Creek. RICH PORTESI of 255 Oro Drive said the property does not have the proper access for a development of that size. MIKE MINOR of 316 Oro Drive demonstrated at the paper easel what the property looks 1 i ke. He said the land owner had a chance to make better use of this land. GERMANO DlCARLO of 515 Platino Lane said that the neighbors trusted that the zoning would remain the same in the area, and that there is no obligation to meet one man's needs in the matter. TOM MEENZHUBER of 247 Oro Drive said that traffic is still a big problem, and new development should blend in with with the neighborhood. JOYCE MALONEY of 263 Oro Drive said that her family had counted cars on Oro Drive between 4 and 6 p.m. one evening, and that 96 cars passed by. She said there is a serious traffic danger. LINDA FILER of 231 Oro Drive said she was in full agreement with the others who had spoken. CHUCK CHELQUIST of 286 Oro Drive said he agreed with Council Member Porter who said that the numbers of cars grow in condominium situations. He said nobody objects to quality homes in limited numbers on the property. JEAN METZ of 507 Platino Lane said that she is in opposition to the project primarily because of access on Platino Lane. She said the traffic situation is bad, and that Platino Lane has no gutters and sidewalks. She said she recently came from San Jose where traffic problems and street capaci- ties were not taken into consideration. NANCY GERRISH of 823 Plata Road said drainage, traffic, density and tree removal were the four major issues. She said the Council has to determine what the city's residents' needs are and then ask how that development affects their needs. She asked those in the audience opposing the rezoning request to stand. A majority in the Council Chamber audience stood. - ------ -------..--- - -'- CITY COUNCil SEPTEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE FOUR TERRY ORTON, project engineer, said the project is a logical and well- planned development, and that the three adjoining properties have higher densities while a fourth adjoining property equals the requested density. CAROL JONES of 743 Huasna Road said she is concerned about the drainage coming down Huasna Road and doesn't want to end up living in a catch basin. She said she 1 iVes' on an emergency road where there would have to be an easement for drainage and has not as yet been approached by the proponents of the project. She said she is concerned about the road being used as emergency access. JOHN STEVEN of 223 Oro Drive spoke about the drainage and traff i c problems. Mayor Smith called for others to speak, and when no one came forward, she declared the hearing closed. Council Member Gallagher objected to the project on the basis of density. Council Member Johnson said drainage is really a problem, she likes minimum grading, and is concerned about a 28-foot wide street. Council Member Porter said that the proposed drainage system is a good one but that there is no way to get around the traffic problem imposed on Platlno lane. Mayor Smith said she is against open drainage channels, does like the clustering of the units on top but that the density is too great. City Attorney Shaw said that the Council had received a document prepared by residents in the neighborhood of said property, and on motion of Counci 1 Member Johnson, seconded DY Counci I Member Ga 11 agher, the document tit 1 ed "01 son Rezon i ng Request" was received into the record. On motion of Council Member Moots, seconded by Council Member Johnson, and on a unan lmous ro 11 ca 11 vote, to deny wi thout prej ud i ce the reques t for Rezoning Case 85-1.93, (Zone Change from IRA-B3" to "P-D") Tentative Tract Map No. 1325, and Architectural Review Case No. 85-341 on the basis of too much density. COUNCil RECESSED FROM 9:40.to 9:5S P;M. PUBLIC APPEAL OF PlANNING,COMM1SSION'SAPPROVAl OF AMENDMENT TO TENTATIVE SUBDIVISION HEAR I NG MAP OF TRACT NO. 124&, .SSICROWNHlll Mr. Eisner said this is a revision to Tentative Tract Map No. 1246, and the applicant proposed the deletion from the tentative tract map of a required parking lot to serve the museum (History House) on the property. He said the Planning Commission approved the revision to the tentative tract map, but did not include the recommended conditions for deletion of fire access and i ncl us i on of the cu l-de-sac street. He sa i d th is is an appea I by the Counci 1 of the Planning Commission's action. Mayor Smith said the Notice of Public Hearing had been duly published and all legal requirements had Deen met and declared the hearing open. JIM MC GilliS of San luis Engineering spoke for Steve Cool, attorney for the project. He said the proponents were asking not to have to put in the parking lot until the Paulding House actually becomes the "History House," and to make that a condition of the building permit when that happens. Mayor asked for others to speak, and when no one came forward, she declared the hearing closed. After Council discussion, on motion by Council Member Moots, seconded by Council Member Johnson, to grant the appeal by the Council and deny the amend- ment to the Tentative Subdivision Map Tract 1246, 551 Crown Hill, for the reason that the original map was more appropriate, and on the following roll call vote, to wit: AVES: CouncIl Members Johnson, Gallagher, Moots and Porter NOES: None ABSENT: None ABSTAIN: Mayor Smith ~_n_.__._ "-~-----~ - .- CITY COUNCIL SEPTEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE FIVE PUBLIC APPEAL OF CONDITtONS5ETFORTH BY PLANNING COt-IMIS510N FOR OFFICE COMPLEX AT HEARING 1190 GRAND'AVENUE Fire Chief Hamp said that he and the applicant should be able to work out and resolve the matter. RON HARRIS, the applicant, asked the Council to continue the matter to the next meeting, and felt the matter could be resolved. Mayor Smith said the Notice of Public Hearing had been duly published, and all legal requirements met and declared the hearing open. She ca II ed for others to speak, and when no one came forward, she declared the hearing closed. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to continue Architectural Review Case No. 85-340, an appeal by Ronald Harris and Orrin Cocks, to the next meeting, september 24, 1985. PUBLIC ORDINANCE REQUIRING INSTALLATION.OF AUTOMATIC FIRE SPRINKLERS IN ALL NEW HEARING BUILDING CONSTRUCTION-FIRST READING Chief Hamp said his plan is for all new construction in the City of Arroyo Grande to have automatic fire sprinkler systems in compliance with nationally recognized codes and standards for the installation, materials, inspection and maintenance of such systems. He said in addition, any retrofit of structures shall be subject to these standards. He said the sprinklers will cut down on the water damage and should reduce insurance rates for homeowners. He showed s I ides tit I ed "A Better Way to Fi ght Fi res." After Council questions of the staff, 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. ROBERT MACK of 576 Woodland Drive (City Manager) spoke to the Council as a private citizen on the sprinkler ordinance. He told of his father who was confined to a wheelchair in Chicago, when a fire started in his kitchen. Mr. Mack said his father died of smoke inhalation before the fire department arrived. He said that the population of Arroyo Grande is gettin~ older, and the proportionate pQpu.latlon age gro!JP to provide young volunteer firemen IS not there. He said we will need to rely on our engineers and the equipment they operate with to contend with the property and life in Arroyo Grande. JIM MC GILLIS of San Luis Engineering spoke against the Ordinance saying that he does not think sprinklers should be required in one-story office bui Idings. Mayor Smith called for others to speak, and when no one came forward, she declared the hearing closed. After Council discussion, Mr. Shaw 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 proposed Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE MUNICIPAL CODE TO REQUIRE THE INSTALLATION OF AUTOMATIC FIRE SPRINKLERS IN ALL NEW CONSTRUCTION Mayor Smith said that constitutes the first reading of the ordinance. PLANNING COMMISSION TRACT MAP NO. 1314 APPROVAL REPORT Mr. Eisner said this is a Tentative Tract Map No. 1314, a 12-unit Resi- dential Condominium Project, 251 Spruce Street in the "R-G" District. He said that, as requested by the Council, he was report)ng Planning Commission approval of the project. --~--- --~--_._-- ----- ~._..._--- -- CITY COUNCIL SEPTEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE SIX PLANNING COMMISSION TRACT MAP NO. 1314 APPROVAL REPORT Continued Council Members commended Mr. Eisner for his work on this project's design, but were concerned about not enough guest parking. PLANNING COMMISSION TRACT MAP NO. 1318 APPROVAL REPORT Mr. Eisner said, as requested by the Council, he was reporting the approval by the Planning Commission of Tentative Tract Map No. 1318, an eight lot office condominium project, 224, 230, 236 South Halcyon Road and 910 Dodson Way in the "P-C" District. Council Members questioned Mr. Eisner about patient parking for this medical office condominium. He said that 50 spaces have been provided, and 42 are required. Council Members directed Mr. Eisner to begin soon reviewing the City's parking plan. RESOLUTIONS TO ESTABLISH PARKING ZONES Mr. Karp read the title of the Resolution. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1884 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THIRTY (30) MINUTES PARKING ZONE ON A PORTION OF GRAND AVENUE (930 GRAND AVENUE) ENCOMPASSING A MINIMUM OF ONE (1) PARKING SPACE. On motion of Council MemberGallagher,seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted on the 10th day of September, 1985. Mr. Karp read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of .the Resolution. RESOLUTION NO. 1885 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO PARKING" ZONE ON A PORTION OF TRAFFIC WAY, (330 TRAFFIC WAY) (MUNICIPAL CODE 4-3.05). On motion of Council Member Gallagher, seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted on the 10th day of September, 1985. Mr. Karp read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1886 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO PARKING" ZONE ON A PORTION OF GRAND AVENUE, (710 GRAND AVENUE) (MUNICIPAL CODE 4-3.05). -~_.- -~- ---~.. ~ - ~- -. CITY COUNC I L SEPTEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE SEVEN RESOLUTIONS TO ESTABLISH.PARKING ZONES Continued On motion of Council Member Gallagher, seconded by Council Member Moots, and on the following roll call vote, to wit; AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted on the 10th day of September, 1985. Mr. Karp read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1887 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLI SH I NG A "NO PARK I NG" ZONE ON A PORTION OF FAIR OAKS AVENUE, (330 TRAFFIC WAY-FAIR OAKS FRONTAGE AND 126 TO 202 FAIR OAKS AVENUE) (MUNICIPAL CODE 4-3.05). On motion of Council Member Gallagher, seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted on the 10th day of September, 1985. Mr. Karp Read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1888 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THIRTY GO) MINUTES PARKING ZONE ON A PORTION OF BRIDGE STREET (132 BRIOGE STREET) ENCOMPASSING A MINIMUM OF ONE (1) PARKING SPACE. On motion of Council Member Gallagher, seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Counci 1 Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted on the 10th day of September, 1985. RESOLUTIONS ACCEPTING REAL PROPERTY FOR CIVIC CENTER Mr. Mack said that when the City gets to the point that it is accepting real property the escrow companies require that the Mayor be authorized to accept the property. He said that this is a technicality, and does not mean : that the City has bought the real property. He said in the Mallory property case he has offered $360,000.00. He said the Bank of America has accepted the offer, placed it in escrow, and it is going before the court for approval because it is a trustee sale. He said a court date has not been set, but probably will be September 21, 1985. He said in the case of Lokkart and Zimmerman properties nothing has changed, and he would exercise these options only after the Mallory property sale was approved by the court. He said he is still negotiating with the Carpentiers on their property. He recommended approval of the Resolutions. -~ ---------- -- -- - ~ CITY COUNC I L SEPTEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE EIGHT RESOLUTIONS ACCEPTING REAL PROPERTY. FOR CIVIC CENTER Continued Mr. Karp read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING CERTAIN REAL PROPERTY DEEDED BY ARMAND B. CARPENTIER AND AUTHORIZING THE MAYOR TO EXECUTE A CERTIFICATE OF ACCEPTANCE (GOVERNMENT CODE SECTION 2]281) On motion of Council Member Gallagher, seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher and Moots and Mayor Smith NOES: Council Members Johnson and Porter ABSENT: None the foregoing Resolution was passed and adopted on the 10th day of September, 1985. Mr. Mack read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1890 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING CERTAIN REAL PROPERTY DEEDED BY MICHAEL E. ZIMMERMAN AND JOAN D. ZIMMERMAN ANO AUTHORIZING THE MAYOR TO EXECUTE A CERTIFICATE OF ACCEPTANCE (GOVERNMENT CODE SECTION 2]281) On motion of Council Member Gallagher, seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher and Moots and Mayor Smith NOES: Council Members Johnson and Porter ABSENT: None the foregoing Resolution was passed and adopted on the 10th day of September, 1985. Mr. Mack read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1891 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYD GRANDE ACCEPTING CERTAIN REAL PROPERTY DEEDED BY RUDI H. LOKKART AND LINDA J. LOKKART AND AUTHORIZING THE MAYOR TO EXECUTE A CERTIFICATE OF ACCEPTANCE (GOVERNMENT CODE SECTION 2]281) On motion of Council Member Gallagher, seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher and Moots and Mayor Smith NOES: Council Members Johnson and Porter ABSENT: None the foregoing Resolution was passed and adopted on the 10th day of September, 1985. ^---. -- -_..~-- -- ----.... ---- -- -. C /TY COUNC IL SEPTEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE NINE RESOLUTIONS ACCEPTING REAL PROPERTY.FOR.CIITIC CENTER Continued Mr. Mack read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1892 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANOE ACCEPTING CERTAIN REAL PROPERTY DEEDED BY THE ESTATE OF MARIE MALLORY AND AUTHORIZING THE MAYOR TO EXECUTE A CERTIFICATE OF ACCEPTANCE (GOVERNMENT CODE SECTION 27281) On mot i on of Council Member Ga 11 agher, seconded by Counc i 1 Member Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher and Moots and Mayor Smith NOES: Council Members Johnson and Porter ABSENT: None the foregoing Resolution was pa.s~~d_~n_~_~!>p_t.e.~_on the 10th day of Sept_e-",~el"' 1985. PACIFIC COAST RAILWAY PLACE DISCUSSION Mr. Karp described the road situation on Railway Place between Cherry and Allen Streets. He referred to a map and showed the City's right of way and existing improvements. He indicated that it was the City's intent to redevelop the alignment concurrent with development. The City Council directed Mr. Karp to contact Robert Baldwin, property owner, to inquire if he would be interested in remapping his property. The Council also directed Mr. Karp to contact Mr. Baldwin and Hansel Burns to request that they install curbs, gutters and sidewalks in exchange for the City paving the street and abandoning excess right of way. LOPEZ 5CHOOL/SOTO SPORTS COMPLEX JOINT POWERS AGREEMENT Mr. Mack said that the City has worked out with the Lucia Mar Unified School District an agreement whereby the school district leases the pad, parking lot and access at Elm Street Park for Lopez Continuation School. He said the lease would be set up for five years, and the City would be getti.ng the use of the school restrooms and classroom faci 1 ities if there is no conflict with school activities. After Council discussion, Council Members decided to renew the lease for five years but to ask the School District to do some long-range planning concerning another site for Lopez School j n fj ve years. The Council said it would like to use the property as part of a parks complex. Council Members amended the agreement to: 1. Oelete Item 2 on Page I 2 Change the second sentence of Item 5 to read, "All other improvements, including, but notlimited to foundations, buildings, fences, roads, parking lots and walkways, shall be removed by the District within six months after termination of the lease, and the site restored to original condition and graded to conform wi th adjo in i ng non-I eased City property." 3. Change the first sentence on Page 2 to read, "The replacement road improvements shall become the responsibility of the District, and both parties shall enjoy the right of use." On mot i on of Counc i I Member Porter ,seconded by Counc i I Member Ga 11 agher, and unanimously carried, to approve the agreement as amended. 1985/86 GENERAL REVENUE SHARING/SPAY NEUTER CONTRACT Mr. Mack explained that the County of San Luis Obispo does not want to conduct a spay/neuter program if they have to hold the City harmless. The hold harmless provision was written by the City Attorney two years ago and is contained in every City General Revenue Sharing agreement, he said. He recom- mended that the Council avoid the Animal Regulation Oepartment and AFAR politics and the City contract directly with local veterinarians for services for a one-day spay/neuter clinic not to exceed $500.00. On motion of Council Member Porter, seconded by Council Member Moots, and unanimously carried, to authorize Mr. Mack not to negotiate an agreement with the County with regard to spay/neuter services. --.----- ------ ---- .--- ---._-- --.----.- - ---~---------_._- .--- ........., - CITY COUNC I L SEPTEMBER 10, 1985 ARROYO GRANDE, CALIFORNIA PAGE TEN APPOINTMENT TO GARBAGE FRANCHISE RATE NEGOTIATIONS Council Members decided that Mayor Smith will be attending the meetings wi th Mr. Mack. OCTOBER 8 CITY COUNCIL MEETING CANCELLATION A majority of Council members will be attending the League of California Cities Conference in San Francisco, Mr. Mack said. He requested that the Council consider cancelling the October 8, 1985, meeting because of the antici- pated lack of a quorum. On motion of Council Member Porter, seconded by Council Member Gallagher, and unanimously carried, to cancel the meeting of October 8, 1985, and reschedule the public hearings to October 22, 1985, meeting. WRITTEN COMMUNICATIONS Mayor Smith said that notification had been received that the State Assembly Ways and Means Committee had removed $125 million of State General Fund money from SB 3000, which was designated earlier for city and county streets and roads. On motion of Council Member Johnson, seconded by Council Member Moots, and unanimously carried, to support the replacement of the funds and to write letters to legislators on the subject. ORAL COMMUNICATIONS Mr. Gallagher asked staff about the automobiles standing unmoved and in the same location on East Btanch Street. Mr. Mack said he would ask the City Attorney to speak to the Chief of Police on the subject. Mr. Gallagher asked staff about the progress of a traffic signal at Grand Avenue and Courtland Avenue. Mr. Karp said his department is working on an ordinance concerning the signal. Mayor Smith said that Arroyo Grande's Swinging Bridge will be closed for a period of two weeks for repairs in preparation for the Harvest Festival. Approximate costs will be $5,000.00 she said. She added that in the next six months the bridge will be studied to determine long-range improvements. . ADJOURNMENT On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to adjourn until September 24, 1985, at 7:30 P.M. for the Regular Session of the City Council. The meeting adjourned at 11:53 P.M. fj'~~ MAYOR ATTEST: ~a.~ CITY ERK