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Minutes 1985-06-11 ~ ......, CITY COUNCIL JUNE 11, 1985 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 Porter led the Pledge of Allegiance to our flag. The Reverend Kenneth Beene, Landmark Missionary Baptist Church, delivered the invocation. APPROVAL OF MINUTES On motion of Council Member Johnson, seconded by Council Member Gallagher, and unanimously carried, the Minutes of Meetings of May 28 and 29, 1985, were approved as corrected. APPROVAL OF CHECKS On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, Demand Checks No. 254~9 through 25583, in the total amount of $496,350.01; and Payroll Checks No. 30727 through 30837, in the total' amount of $76,256.76, were approved for payment as submitted by Finance Director David Bacon. FLAG DAY PRESENTATION Mayor Smith received a commemorative American flag from Central Coast Exchange Club members Khatchik AchadJian and Jim Monroe. The flag was flown over the U.S.S. Arizona at Pearl Harbor ~nd was presented to commemorate Flag Day. The City was asked to fly the flag from June 14 through July 4, 1985. ORAL COMMUNICATIONS JUNE HUGHES, " 282 Mlller:Way., a~ked the Council about cuts and Con- ditions, Covenants and Restrictions In the area, Director of Public Works Paul Karp said he would report back to the .Councll on the matter. MARIE CATTOIR, 195 Orchid Lane, asked the Council to set up an informa-. tional meeting on the undergrounding of utilities on Traffic Way. She said c it i zens and bus i ness owners in the area are not informed on the City 's. plan. HAP BRENIZER.of Grover City said he is having driveway and retaining wall problemsin.connection with property he is developing. He said he would like to purchase the property next to his and have it re-zoned. The Counc i 1 told Mr. Brenizer that in order to have the adjoining property re-zoned he would have to go through the regular Planning procedures. CONSENT AGENDA Counci I Member Johnson wi thdrew I terns 12, 14, 21 and 22 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 8, 9, 10, 11, 13, 15, 16, 17, 18, 19.and 20.as recommended. B. 1985/86 Sun Luis Obispo Coordinating Council JPA [Recommend Muyor Be Authorized to Sign]. 9. Request to Hold Block Party on July 4, 1985 on Pearl Drive, 3 P.M. to 10 P.M. [Recommend ApprovalJ. .. 10. Departmental Monthly Report of May, 1985 [Recommend Review and File]. 11. Central Coast Cities Safety Committee Minutes for April 3D, 1985 [Recommend Review und File]. ... J 3. $C AT Minutc:s of ,'-lay 22. 1985 [Recommend Review und Fil~). 15. ViIIiJge Restroom Progress and Final Payment (Nos. 4 and 5) and Acceptance of Improvements (Ret:Ommcnd PJyment Approvals and Accept Improvements]. 1 G. TriJffic Wuy Water Mains Progress PJyment (No.2) [Recommcnd Payment ApprovuJ]. 17. Cha;nbr,r of Commr,rcc Rr.port [Recommend Review and File!. - --- ~ ---. C!TY COUNC I L JUNE 11, 1985 ARROYO GRANDE, CALIFORNIA PAGE TWO CONSENT AGENDA CONTINUED 18. AW;lrd of 1985/86 L,mdscape Maintenance Contract Bids [Recommend Award to Low Bidder!. . 19. Leagu'J of. California Cities: --Legislative Bulletin Nos. 19 & 20-1985 [Recommend Review and Filel. '--"'.layors' and Council Members' Exec~ltive Forum. July 17-19. 1985 [Recommend Review and Notification to City Manager if interested I. :~o. California Transportation Committee Testimony by SLOCC Program Manager (Recommend Review <Jnd Filel. 12. Planning Commission Minutes of May 21, 1985 re red curbing and left turn lanes on Grand Avenue. Council Member Johnson asked about City policy on red.curbing and left turn lanes being used to sp~ed up traffic on Grand Avenue. Mr. Karp said City Council has adopted a Resolution to eliminate parking In a piecemeal fashion on Grand Avenue between Halcyon Road and U.S. 101. The purpose is to install a middle lane based.on a parking survey. which Indicated that there is minimal use of parking in this area, he said. He Indicated that propably half the area was "No Parking" zone and driveway area at this time. 14. Brisco Road Progress Payment {No. 4). Council Member Johnson asked if. city will malntain.Beamer's Bank on Brisco Road. Mr. Karp said Beamer Property owners will maintain the retaining wall, which has been constructed according to City standards. The City will maintain only the street and sidewalk, he said. He said the City Incur- red the cost of building the retaining wall in exchange for a right-of-way. 21; Agreement for Radio Tower at Reservoir No.2. Council Member Johnson asked if a dollar amount had been agreed upon, and Mr. Karp said it was $85.00 per month. 22. Request for support of Assembly Bill AB-I007. Council Member Johnson said if the bill were passed it would put a tax on all construction to build nursery schools. On...motion by Counci I Member Johnson, seconded by Council Member Gallagher, and unanimously carried, to direct City Manager Mack to write a letter in opposition to AB-l007 to i our Leg I s lators. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to approve Consent Agenda Items 12, 14, 21 and 22. REQUEST FOR RECONSIDERATION OF DENIAL OF APPEAL, RE. STORM DRAIN ROBERT GARING, Consulting Engineer for the City of Arroyo Grande, asked the Council to consider financing the storm drain by taking into consideration the undeveloped acres In the area and asking owners to con- tribute to the costs as well as the developers of the proposed condominiums at 565 S. Elm Street. The Council asked Mr. G6ring to present his proposal to the City staff. Council Member Gallagher said he would want letters from the owners of the other properties being set aside as drainage properties. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanin~usly carried, to continue the item. i I \ COllnci I Member Porter questioned the staff on procedures with regard to the Request for Reconsideration of the Council's Denial of the Appeal, and Mr. Mack said the Council has not adopted a motion for reconsideration of the denial of the appeal. Planning Director Stan Eisner said the project had been approved by the Planning Commission with Conditions, one of which was the installation of the Storm. Drain. - .-.-...-' .-._---"-- I~ ~, C /TY COUNC I L JU!IE 11, 1985 ARROYO GRANDE. CALifORNIA PAGE THREE PUBLIC HEARING: CITY COUNCIL'S APPEAL OF USE PERMIT TO RELOCATE HISTORIC SCHOOL Mr. Eisner said this was a Council appeal of a Use Permit applied for by the Sou th County His tor i ca 1 Soc i ety for the purposes of re locat i ng Santa Manue I a Schoo 1 to Stanley Avenue and Branch Street.on property owned by the Lucia Mar Unified School District. Planning Commissioners held a public hearing and approved the Use Permit, but deleted conditions 1-5 leaving only the recommended condition of a. retaining wall be provided subject to the approval of the Parks and Recreation and Public Works Departments. Based on the deletion of the Conditions 1-5 the City Council has appealed the Use Permit. he said. Mayor Smith said the Notice of Public Hearing had been duly published and all legal requirements met and declared the hearing open. BARBARA CARLSON, representative of the South San Luis Obispo County Historical Society, repeated concerns that the deleted conditions were unreasonable and absolutely unnecessary. She said use of the museum will not increase traffic on East Branch Street since the museum only will be open a few hours on weekends and by appointment for school groups. She said most visitors will come by vehicle instead of on foot, so sidewalks are unnecessary. She said landscaping is a superfluous requirement because existing landscaping Is attractive and ideal for the museum. She said the society has been struggling with county staff for several years and has had to fight plans to transform the school into an information center. She said she is afraid the present philosophy. will not be followed in perpetuity and that the m<;seum may become an information center after all. Mayor Smith questioned the need to move the historic school from Lopez Lake. She said that if Highway 227 is re-aligned the school may have to be moved again. She said that she would like to locate the school as close to its original location as possible. She also questioned Mrs. Carlson on the five conditions deleted by the Planning Commission. . RUTH BRACKETT. Fourth District Supervisor, said she understands the Historical Society's concern that future county officials could change the master plan. She said that the only way to guarantee a site for the school is to dedicate it as an historical site. She said the county is interested in working with the historical society, and is not adhering to an August 1, 1985. time limit imposed by the Lopez master plan. KATHLEEN GODDARD JONES. of rura 1 Arroyo Grande, sa id that if the schoo I house cannot be maintained at Lopez Lake it should be moved. She said that. it is a part of the.historic focus of the city. .. . GORDON BENNETT. 415 Allen Street, said the school should be close to town where local residents would be able to use it. STEVE MORRISON. 258 Allen Street. said students frequently visit the school and Lopez Drive is a hazardous road on which to travel. He said the proposed site would be much better for the students. MARIE CATTOIR, 195 Orchid Lane,suggested incorporating the relocated school into a new downtown City Hall site. GRACE STILLWELL, 734 Myrtle. said the proposed site is a good location for the schoo I . ALBERT STILL\oIELL. 734 Myrtle. said he is afraid the school could be used for firewood by campers at the lake. Mayor Smith called for others to speak; when no one cao~ forward the public , hearing was closed. I Council Members further discussed the relocation of the school, and, on motion of I~ayor Smith, seconded by Council Member Porter, and unanimously carried, to continue the discussion unti I the second meeting in August, 1985. COUNCIL RECESSEO FROM 9:07 to 9:15 P.M. I ; I --,.---------- ~ CITY COUNCIL ~ JUNE 11, 1985 ARROYO GRANDE, CALIFORNIA PAGE FOUR VACATION AND .ABANDONMENT OF DESIGNATED PORTION OF HAROEN STREET This item w~s continued until the next meeting June 25, 1985. PROPOS EO USE PERMIT FOR HEALTH CARE AND MEDICAL OFFICES FACILITY, OAK PARK ACRES Mr. Eisner said that this item was continued from the last meeting, and that the applicants had sent to the Council Information about their project and answers to Council questions. , I Mayor Smith declared the Public Hearing re-opened, on motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried. ANITA FULLBRIGHT of los Osos, Oak Terrace Associates made a slide presentation showing the way the applicants intend their concept to work together. She said the basic premise of the project is to fill. the gap between independence and total dependence. The slides showed views of the proposed Rest Home, Personal Care Home, Skilled Nursing Center includIng convalescent care, Multi-Purpose Medical Clinic and Wellness and Rehabilitation Center. Mrs. Fullbright said the outside grounds will include lap exercise and therapy pools, and a green belt. She asked the Council to approve numbers of units of various types. KIRBY GORDON, 401 Indio, Pismo Beach, who is an attorney representing the property developers, said that the zoning was designed for the use proposed, and asked for ~pproval of the Conditional Use Permit or more specific directions as to what the Council wants. REUBEN KVIOT, 1534 W. Br~nch Street, Oa~ Park Acres developer, said that according to Ordinance 140 C.S., Paragraph C-2, Page 6, the proposed project is the proper use of the parcel. . MARIE CATTOIR, 195 Orchid Lane,. questioned the number of units in residental care, the affordabillty for all, the zoning with regard to residental use, the impact of traffic, and inconsistencies of testimony. Mayor Smith called for others to speak; when no one came forward the public hearing was closed. After Council diJcussion, on motion of CouncIl Member Porter, seconded by Council Member Moots, to deny the Use Permit based on the number of independent living units, the spa and the outside facilities, and on the following roll call vote, to wi t: AYES: Council Members Gall~gher, Porter and Moots NOES: Council Member Johnson and Mayor Smith ABSENT: None the motion carried. ENVIRONMENTAL IMPACT REPORT EXEMPTION FOR WEllS PROPERTY STORM WATER RETENTION BASIN Mr. Eisner said this w~s an informational item for the Council. Mayor Smith said the Notice of Public He~ring had been duly published and ~ll leg~1 requirements met and declared the hearing open. When no one came forward to speak, Mayor Smith declared the public hearing closed. Mayor Smith objected to the l~st sentence.of the Amended Project Description, ~nd Council members agreed to delete,"At future dates, if such would be the policy of the City Council of the City of Arroyo Grande, the pond could be further excav~ted to provide ~n extr~ me~sure of flood proofing for Tract 176 ~nd Hu~sna Road., or even to ~ccommod~te runoff from future development." On motion by Council Member Johnson, seconded by CouncIl Member G~llagher, and unanimously carried, to ~dopt the Notice of Exemption, with the last sentence 'removed. ~ ~ , CITY COUNCIL JUNE II, 1985 ARROYO GRANDE, CALIFORNIA PAGE FIVE REVENUE SHARING FUNDS Hr. Mack said that the Ci ty of Arroyo Grande, has conducted a budget hearing two month~ ago. He said requests were received from various organizations, and he has made recommendations contained within the proposed budget. That proposal reconrnended budgeting $5,200 for the coming year for a number of organizations, he said. Mayor Smith said the Notice of Public Hearing had been duly published and all legal requirements met and declared the hearing open. RITA BRANFIELD. Five Cities Meals-On-Wheels. said her organization is serving 73 people at the present time. and between 32 and 38 of those people are Arroyo Grande residents. AL BUSBY, Shell Beach,Harvest Bag. said his organization has served as many as 700 persons at one time. He said 25 per cent of Harvest Bag recipients are from Arroyo Grande. AL THOMAS of Los Osos, Retired Senior Volunteer Program, asked for funds to arrange one Recognition event this year. KAREN WEEKS of the County Arts Council wanted to clarify the fact that her organization's request was for $400.00.' The Council also received a letter from Janet Denning requesting funds for La Casa de Paz, a house for mentally disturbed young adults. (Received 6/11/85) \ Mayor Smith called for others to speak; when no one came forward the public hearing was closed.' During Counci~ discussion. Mr. Mack said the staff will give specifics on Village Creek Improvements before monies are expe!lded and re.ceive Council autho- ri za t ion. Council members also decided to delete the Oceanview Traffic Project costing $10,000.00 from the Revenue Sh~ring Budget. Mr. Mack said the total Revenue Sharing Funds budget is $85,340.00. including $5,200.00 for Community Organizations and $80~140.00 for Capital Projects. 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. 1851 A'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE. ADOPTING THE PLANNED USES OF REVENUE SHARING FUNDS FOR THE 1985-1986 FISCAL YEAR. 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 the 11th day. of June, 1985. ADOPTION OF 1985-1986 MUNICIPAL BUDGET FOR CITY OF ARROYO GRANDE Mr. Mack 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. 1852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE ARROYO GRANDE CITY BUDGET FOR THE 1985-1986 FISCAL YEAR. On motion of Counci I Member Johnson, seconded by Counci I Member Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher. Johnson. Moots, Porter and Mayor Smith tIOE5: None ABSENT: None the foregoing Resolution was passed and adopted the 11th day of June. 1985. -----..- .,; - ~ CITY COUNCIL JUNE 11, 1985 ARROYO GRANDE, CALIFORNIA PAGE SIX RESOLUTIONS ESTABLISHING NO PARKING ZONES ON GRAND AVENUE Mr. Karp explained that the Resolutions would establish No Parking Zones on both sides of Grand Avenue,. and read the title of the first Resolution. On motion of Council Member Gallagher, seconded by Council Member Moots, and unani- mously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1853 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A . "NO PARKI NG" ZONE ON A PORTI ON OF GRAND AVENUE, (319 GRANO AVENUE) (MUNICIPAL CODE 4-3.05). On motion of Counci I Member Gallagher, seconded by Council Member Johnson, 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 the 11th day of June, 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. '1854 A RESOLUTION OF: THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO PARKING" ZONE ON A PORTION OF GRANO AVENUE, (621 GRAND 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 wi t: AVES: Counei I Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 11th day of June, 1985. Mr. Karp read the Resolution. On motion of Council Member Gallagher, seconded .by Council MembJr Moots, and unanimously carried, to dispense with further rcading of the Resolution. RESOLUTION NO. 1855 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO PARKING" ZONE ON A PORTION OF GRAND AVENUE, (704 GRANO AVENUE) (MUN I C I PAL 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 ,.as passed and adopted'the 11th day of June, 1985. .~, ~ CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 11, 1985 PAGE SEVEN NO PARKING ZONES RESOLUTIONS CONTINUED Mr. Karp read 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. 1856 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO PARK I NG" ZONE ON A PORTI ON OF GRAND AVENUE, (717 GRAND AVENUE) (MUNICIPAL . CODE 4-3.05). On motion of Counci I Member Gallagher, seconded by Counci I 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 the 11th day of June, 1985. Mr. Karp read 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.. 1857 A RESOLUTION .OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A !INO PARKI NG" ZONE ON A PORTION DF GRAND AVENUE, (718 GRAND 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 the 11th day of June, 1985. Mr. Karp read 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. 1858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO PARK I NG" ZONE ON A PORTI ON OF GRANO AVENUE, (APN-6-164-4) SOUTHWEST CORNER OF GRAND AVENUE AND ALPINE STREET (MUNICIPAL CODE 4-3.05) On motion of Counci I Member Gallagher, seconded by Counci I Member Moots, and on the following roll call vote, to wit: AYES: Counci I Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 11th day of June, 1985. u__. - ""' CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE ", 1985 PAGE EIGHT ORDIN^NCE INCREASING COUNCIL SALARIES City Attorney Art Shaw explained that this Is a proposed Ordinance estab- lishing compensation for City Council Members in accordance with State Law. He pointed out that Council Member compensation can be changed by, 1. a vote of the people, and 2. enactment of an Ordinance adopting a schedule for various size cities that has been authored by the Legislature in Statutory form. He said if the Council does the latter, it will not become effective until some Council Member begins a new term. He said an Urgency Statute is now before the Legislature which may change the law. Mr. Shaw answered questions of the representative of the Telegram-Tribune,reporter Carol Roberts. . Mr. Shaw read the title of the. Ordinance. On motion of Council Member Gallagher, seconded 'by Council Member Johnson, and unanimously carried, to dis- pense with further reading of the Ordinance. . ORDINANCE NO. C.5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING COMPENSATION FOR COUNCIL MEMBERS IN ACCORDANCE WITH STATE LAW Mayor Smith said that constituted the first reading of the Ordinance. AWARD OF BID-TALLY HO ROAD SECTION \ Mr. Shaw recommended to the Council that it .put :the item at the end of the agenda and have a closed session so he could explain It to the Council before it takes any action. On motion by Council Member Porter, seconded by Council Member Johnson, and unanimously carried to take the item to closed session at the end of the agenda. AWARD OF BID-VARIOUS STREET OVERLAYS . Mr. Karp recommended to the Council that it award the low bid to A.J. Diani Construction Co. Inc. in the amount of $47,000.00, for the Overlay Project including Russ Court, Paul Place, Lancaster, Vista, CarmeJla Drive, Carol Place and South Elm Street. between Grand Avenue to Sunset Drive. On motion of Counci I Member Johnson, seconded by Council Member Gallagher, and unanimously approved, to award the bid to A.J. Diani for $47,000.00 UNDERGROUND UTILITY ESTIMATES AUTHORIZATION' Mr. Mack explained that the Traffic Way Undergrounding Utility Committee has recommended that the City Council conduct a Public Hearing to determine whether the City should create the undergrounding district and if it does what the boundaries should be. He sa i d theut i.1 I ties pay for the underground i ng, the City pays for some of the above ground work ata later time, and private land owners pay for underground extensions to their properties. He asked the Council to authorize him to get cost data for the private property owners to present at the Public Hearing and to spend up to $2,000.00 fo.r this purpose. MARIE CATTOIR, 195 Orchid Lane, said it isn't necessary to spend $2,000.00, and that a meeting of. the property owners should be held to assess their feelings. After Counci t discussion,' on motion of Counc i I Member Gallagher, seconded by Council Member Johnson, and unanimously passed, to conduct the Public Hearing as soon as possible and allocate up to $2,000.00 to Mr. Mack to get the estimates for private land owners. LOT SPLIT APPROVAL AT 1190 EL CAMiNO REAL, MANKINS/BRISCO Mr. Karp recommended that the City Council' find that Parcel Map Number AG 85-023 is consistent with the General Plan and City Zoning; find that the Parcel Map AG 85-023 is consistent with the approved tentative map for the project found by the Planning Commission to be consistent with the General Plan and City Zoning;. and approve Parcel Map AG 85-023. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried" to approve the Lot Split Case No. 85-410. - ""' C /TY COUNC I L ARROYO GRANDE, CALIFORNIA JUNE 11, 1985 PAGE NINE RESOLUTION DECLARING INTENT TO VACATE A PORTION OF TRAFFIC WAY RIGHT OF WAY ANO CALLI NG FOR PUBLI C HEAR I NG Mr. Karp recommended that the Council adopt the appropriate resolution of intent to abandon a portion of right of way on the easterly frontage of Traffic Way between Cherry Avenue and Allen Street. Mayor Smith said the Council may be premature in adopting the resolution before,finding out where the utility lines will be on Traffic Way. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to hold this resolution until the Council gets engineering data which shows the plan lines.! SAN LUIS OBISPO COUNTY LOPEZ WATER ACTIONS Mr. Mack told the Council what the city has been moving toward with regard to its surplus water at Lopez Dam. He reminded the Council that the City also has well water to use. He outlined the current County and Arroyo Grande plans for water use, and recommended that the Council discuss the matter in the Closed Session at the end of the meeting. The Council agreed to this. AWARD OF BIDS FOR POLICE CARS .On motion by Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to award the bid of $21,211.21 for two Ford LTDs to the General Services Administration. COMMUNITY TREE PROGRAM Continued to meeting of June 25, 1985, on motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried. ZONING CHANGE AT 225 TALLY HO ROAD Mr. Elsner read the title of the Ordinance. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. 329 C.S. AN ORDINANCE OF THE CITY OF ARROYO I , GRANDE RECOMMENDING APPROVAL OF A ZONE CHANGE FROM "RA-B2" RESIDENTIAL AGRICULTURAL DISTRICT TO "RA-Bl-D" RESIDENTIAL AGRICULTURAL DISTRICT COMBINED WITH DESIGN DEVELOPMENT DISTRICT, AP- PLIED FOR BY JEFFREY CARRITHERS, AGENT FOR PATRICIA LAUTHBURY ON PROPERJY DEFINED AS 225 TALLY HO ROAD, APN 7-022-01. On motion of Councilman Gallagher, seconded by Council Member Johnson, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Moots and Porter NOES: Mayor Smi th ABSENT: None the forego i ng Ord i nance was passed and adopted on the 11 th day of June, 1985. ORDINANCE AMENDING MUNICIPAL CODE, DEFINING "MOTEL" IN H-5 ZONE Mr. Eisner read the title of the Ordinance. On motion of Council Member Porter, seconded by Council Member Moots, and unanimously carried, to dispense with further reading of the Ordinance~ ORDINANCE NO. 330 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE REVISING CERTAIN SECTIONS OF CHAPTER 4 OF THE MUNICIPAL CODE REGULATING PERMITTED USES AND DEFINING "MOTEL," SECTION 9-4.238. On n~tion of Council Member Gallagher, seconded by Council Member Johnson, und on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None th~ foregoing ordinance was passed and adopted on the 11th day of June, 1985. - ~ CITY COUNC I L JUNE II, 1985 ARROYO GRANOE, CALIFORNIA PAGE TEN ORDINANCE AMENDING MUNICIPAL CODE, SATELLITE DISH ANTENNAS Mr. Eisner read the title of the 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. 331 C.5. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE, SECTIONS 9-4.608,.9-4.708, 9-4.808,9-4.908 and 9-4.1018, PERTAINING TO THE INSTALLATION OF SATELLITE OR OTHER DISH ANTENNAS. 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 Ordinance was passed and adopted on the 11th day of June, 1985. BILL CHRISTIAN, 183 Brisco Road, read a statement by Senator Barry Goldwater in a Res01ution adopted by the United States Senate. Senator Goldwater's state- l11ent protested overly restrict.ive satellite'or dish antenna ordinances being passed by cities, and said they wer& affecting the public's 'First Amendment rights. Mr. Christian said the city's Ordinance would prohibit him from having a satellite antenna. He said the Ordinance was saying "no" to satellite antennas and "yes" to cable television. He said the Ordinance was highly'uncompetitive. Mr. Eisner said the Ordinance would be part of the Zoning Ordinance, and the Variance procedure could be used by Mr. Christian. .ORDINANCE AMENDING MUNICIPAL CODE, PERTINENT TO .UNNECESSARY NOISE Mr. Mack read the title of the Ordinance. On motion of Council Member Gallagher, seconded by Counci I. Member Porter, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. 332 C.S. AN OROINANCE OF THE CITY OF ARROYO GRANOE PROHIBITING THE INTERFERENCE OF ANY PERSONS REASONABLE AND COMFORTABLE ENJOYMENT OF LIFE OR PROPERTY BY ANIMAL NOISE; AND REPEALING AND AMENDING SECTION 6-1.07 OF THE MUNICIPAL CODE. On motion of Counci lman Gallagher, seconded by Counci I Member Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSEtJT: None the forcgoing Ordinance was passed and adopted on the 11th day of June, 1985. WRITTEN COMMUNICATIONS A letter was receivcd from Ron DiCarli advising the Council that the Cal Trans Commission staff will recommend to the Commission on June 27 the undertaking of a by-pass feasibility study in 1985-86. A lettcr was received from Heather Jensen, Chamber of Commerce president, saying the ncw Economic Profile on the City has been completed, and telling of plans to upgrade the Chamber building. ORAL COMMUNICATIONS None . CITY COUNCIL JUNE 11, 1985 ARROYO GRANDE, CALIFORNIA PAGE ELEVEN ADJOURNMENT- TO CLOSED SESSION AT 12:05 a.m. (Closed Session Continued to June 12, 1985) ~ECONVENEMENT AT 12: 20 A. M. I AWARD OF BID-TAllY HO ROAD SECTION On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to reject all bids for Tally Ho Road Project No. No. 60-90-84-3 because of discrepancy in bid amounts and failure to list sub-contrac tors. Staff advised the Council that re-advertising for bids would begin immediately. ADJOURNMENT AT 12:22'A.M. TO STUDY SESSION JUNE 12, 19851 On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carr.ied, to adjourn to the 1 :00 p.m. June 12, 1985, Study Session. I .