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Minutes 1984-12-11 . r- .-" 1 . ~ -..., CITY COUNCIL DECEMBER 11, 1984 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor B'Ann Smith presiding. Upon roll call Matt Gallagher, Dorace Johnson, and D. G. Porter were present. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Porter led the Pledge of Allegiance to our Flag. Reverend Everett R. Taylor, United Methodist Church, delivered the Invocation. NOMINATIONS AND APPOINTMENT TO CITY COUNCIL Council Member Gallagher nominated Mr. Gene.Moots for appointment to the City Counc i I . On motion of Council Member Galla9her, seconded by Council Member Johnson and unanimously carried, the nominations were closed. Mr. Moots was contacted and agreed to accept the appointment. On the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Porter and Mayor Smith NOES: None ABSENT: None Mr. Moots was appointed to the City Council to fill the unexpired term of Mayor Smith, or until December 2, 1986. The Oath of Allegiance Ceremony was scheduled for 11:00 A.M. Wednesday, December 12, 1984, to be administered by City Clerk Nancy Davis. NOMINATIONS AND APPOINTMENT TO MAYOR PRO TEM I Council Member Porter nominated Council Member Gallagher to serve as Mayor Pro Tem. On motion of Council Member Porter, seconded by Council Member Johnson, to approve the nomination and appointment; and on a roll call vote Council Member Gallagher was unanimously voted to serve as Mayor Pro Tem. COUNCIL REORGANIZATION Mayor Smith made the following appointments: Rep resen ta t i ve A I terna te South County Area Transit Gene Moots Robert Mack South 5LO Co. Water Association D. G. Porter Robert Mack , Zone 3 Water Advisory Committee D. G. Porter Paul Karp So. 5LO Co. Sanitation ~istrict B 'Ann Smi th Matt Ga llagher Area Planning Agency (COG) Dorace Johnson Matt Ga Ilagher City Selection Committee B'Ann Smith None Economic Opportunity Commission None None Underground Utilities Committee B'Ann Smith Gene Moots Citizens' Transp. Advisory Committee! Oon Boggess* None Parks & Recreation Commission ! Dorace Johnson** None Planning Commission ! Gene Moots*** None ! Vacancy scheduled for appointment on January 8, 1985 * Term indefinite ** Term expires June 30, 1986 *** Term expires June 30, 1985 RECOGNITION OF DORACE JOHNSON Mayor Smith presented Council Member Oorace Johnson with a plaque in recogni- tion of her years of devoted service on the Parks and Recreation Commission. Counci I Member Johnson expressed her thanks. PARKS AND RECREATION COMMISSION VACANCY Mayor Smith said she would make the appointment to fill the vacancy on the on the Parks and Recreation Commission at a later Council meeting. RESIGNATION OF DON BOGGESS Mayor Smith said Council is awaiting a letter from Mr. Don Boggess expressing his desire to resign from the Citizens' Transportation Advisory Committee. APPROVAL OF MINUTES On motion of Council Member Gallagher, seconded by Council Member Porter, and unanin~usly carried,.the minutes of the meetings of November 27 and December 4, 1984, were approved as submitted. - _n_ u_ ---.-.. --~- .-.., . I . r- -, C ITY COUNC I L DECEMBER 11, 19B4 ARROYO GRANDE, CALIFORNIA PAGE TWO. APPROVAL OF CHECKS On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, Demand Checks No. 23998 through 24087, and No. P757 through P768, in the total amount of $420,822.87; and Payroll Checks No. 29283 through 29434, in the total amount of $94,759.94, were .approved for payment as submitted. ORAL COMMUNICATIONS None CONSENT AGENDA On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to accept Consent Agenda Items #14-A-l through #14-D-2, includ- ing all subtitles, as recommended. 14. A. MINUTES AND ANSWERED AGENDAS: REVIEW AND FILE. 1. Planning Commission Answered Agenda of 12/4/84 B. REPORTS REVIEW AND FILE. 1. Lopez Surplus Water Allocations. 2. Departmental Monthly Report for November 1984. .- 3. Air Polution Control District Quarterly Report Ending 9/30/84. C. LEGISLATIVE AUTHORIZATIONS: RECOMMEND APPROVAL. 1. December 25, 1984, Regular City Council Meeting Cancellation. 2. 1985 Burn Days. 3. Award of Bid, One-Ton Truck, Parks and Recreation. 4. Award of Bids, 3/4-Ton Truck, Streets and One-Ton Truck, Water. 5. Acceptance of Easement, 316 E. Branch Street. 6. Contractor Payment No.1, Reservoir One Roof Replacement. 7. Contractor Payment No.2, Soto Sports Complex Development. 8. Central Coast Christian Academy's Conqueror's Carnival, April 20, 1985, Closure of Bridge Street Between Nelson and Poole. 9. Grading - Camino Mercado. D. INFORMATIONAL MATTERS: FOR INFORMATION AND FILE ONLY. 1. Fire Chief Job Announcement. 2. Officers in Other Organizations/Conflicts of Interest. ORDINANCE ADOPTION: AMENDMENT TO ORDINANCE 221 C.5. TO MODIFY STREET SYSTEM Planning Director Stan Eisner explained on posted maps the details of what the Ordinance covers. City Manager Robert Mack read the title of the Ordinance. , On motion of Council Member Gallagher, seconded by Council Member Johnson, and I unanimously carried, to dispense with further r~ding of the Ordinance. I , , ORDINANCE NO. 317 C.S. . I , AN ORDINANCE OF THE CITY OF ARROYO GRANDE I AMENDING SECTION 2 OF ORDINANCE 221 C.5., I A DEVELOPMENT ORDINANCE FOR DEVELOPMENT IDENTIFIED AS "OAK KNOLLS" (ORIGINALLY SUBMITTED AS "KNOLLWOOD"). On. motion of Council Member Gallagher, seconded by Council Member Porter, to approve the Ordinance to modify street system and to amend development conditions within Section 2 of said Ordinance, pertinent to Oak Knoll Development. On the fo 11 ow I ng ro 11 ca II vote, to wit: AYES: Council Members Gallagher, Johnson, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Ordinance was passed and adopted on the 11th day of December 1984. RESOLUTION ADOPTION: ELIMINATION-TWO PARKING SPACES IN FRONT OF J.J. FOOD MARKET Council was addressed by GORDIE FOY, 1251 Lower Newport, Manager of J.J.'s Food Company, who objected to the elimination of the two parklnq spaces in front of the business. Oiscussion followed, and all parties agreed to eliminate the two parking spaces un~il such time as a signal system is Installed at the intersection of E. Brdr~ch ,Jnd Mo~on Streets. ----~ ~----~- r- '1 I ~ I CITY COUNCIL DECEMBER 11, 1984 ARROYO GRANOE, CALIFORNIA PAGE THREE. Public Works Director Paul Karp read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Porter, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTI ON NO. 1815 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANOE ESTABLISHING "NO PARKING" ZONE ON A PORTION OF EAST BRANCH STREET (303 E. BRANCH STREET IN FRONT OF J.J.'S FOOD COMPANY) ENCOM- PASSING A MINIMUM OF TWO (2) PARKING SPACES, UNTIL SUCH TIME AS A SIGNAL SYSTEM IS INSTALLED AT INTERSECTION OF E. BRANCH AND MASON STREETS. On motion of Council Member Gallagher, seconded by Council Member Johnson, to approve the Resolution, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Porter and Mayor Smith I NOES: None i ABSENT: None the foregoing Resolution was passed and adopted on the 11th day of December 1984. PUBLIC HEARING CONTINUATION: RE TENTATIVE TRACT MAP NO. 1246 (RUTH PAULDING PROPERTY) I I Mr. Mack explained on posted maps the lot line adjustments, private road I alignment and other matters pertaining to the Ruth Paulding Property, 551 Crown Hill. , ! He made recommendations which are contained in his memorandum of November 20, 1984. i i Council was addressed by DON KREEGER, STEVE COOL, JIM McGILLIS, BILL KOHMLE, I i BARBARA CARLSON, and BILL McCANN during the Continued Public Hearing to consider approval of Tentative Tract Map No. 1246. During discussion, JIM McGILLIS indicated that the trees and garden area adjacent to Crown Hill in vicinity of the 24 ft. road will be disturbed and/or removed to accommodate the access road; but that all Oak Trees will be preserved. Mayor Smith declared the public hearing closed. Council discussion followed and Mr. Mack read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Porter, and unanimously carried, to dispense with further reading of the Resolution as amended. RESOLUTION NO. 1816 A RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP NO. 1246, WITH CONDITIONS, FILED BY STEVE COOL, AGENT FOR RUTH PAULDING. On motion of Council Member Gallagher, seconded by Council Member Johnson, I and by the following roll call vote, to wit: I AYES: Council Members Gallagher, Johnson, Porter NOES: None ABSTAIN: Mayor Smith the foregoing Resolution, as amended and with conditions, was passed and adopted the 11th day of Oecember 1984. CONTINUED PUBLIC HEARING: CONSIDERATION OF COSTS OF ANNEXATION TO ARROYO GRANDE Mr. Mack said after his report at the last meeting, Council continued the hearina in the event there would be any public input or testimony forthcoming. He explained the value of annexation and the factors to be considered, plus the costs of processing an annexation. In answer to questions by Mayor Smith, City Attorney Shaw suggested the Staff report back to Council with more details, since their figures were all only estimates at this time. APPROVAL: TRACT MAP FOR OAK KNOLL DEVELOPMENT -----~,~,~;~-.t1~h~K--~~Iid Counci I had B.:trl icr adopted the Ordi'nance reg3riog 08k Kno' 1 Development, and now Council should consider the Resolution approving the tentative P,;:;;. "I. '0".. r..~d the title of tre Resolution. On motion of Counc; 1 Member , , ..,~:)(k(J by Counci J t~,'::ht.~r John<;cm, <.)fH~ l)n,lnimn"lJ<,ly (.lrried, to d j ':;(k>nsc ; :; I)' 1 f) f t ~I'_' ;" : Ij l iun. --.--------.- -..---.-- -- ------------ --",--- , --- '""'\ -' CITY COUNCIL DECEMBER 11, 1984 ARROYO GRANDE, CALIFORNIA PAGE FOUR. RE50LUTI ON NO. 1817 A RESOLUTION OF THE CITY COUNCIL.OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE MAP FOR THE OAK KNOLL DEVELOPMENT, FILED BY OAK KNOLL VENTURES, SUBJECT TO CERTAIN COND I TI ONS. On motion by Council Member Gallagher, seconded by Council Member Johnson, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Porter and Mayor Smith , I NOES: None ! ABSENT: None " I the foregoing Resolution was adopted the 11th day of December 1984. RESOLUTION ADOPTION: INITIATION OF NUISANCE ABATEMENT PROCEDURE I I Mr. Karp said he had difficulty getting cooperation of a property owner with regard to some grading activity, and suggested Council adopt the Nuisance I Abatement Procedure by adopting the Resolution proposed. Mr. Karp read the title , of the Resolution. On motion by Council Member Gallagher, seconded by Council I Member Johnson, and unanimously carried, to dispense with further reading of the Reso I ution. I RESOLUTION NO. 1818 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING ITS INTENT TO HOLD A PUBLIC HEARING TO ASCERTAIN WHETHER A PUBLIC NUISANCE EXISTS AT PROPERTY LOCATED AT 704 BRANCH MILL ROAD (AKA APN 7-621-32) KILT HAYES, et ux. On motion by Council Member Gallagher, seconded by Council Member Johnson, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was adopted the 11th day of December 1984. RESOLUTION ADOPTION: HONORING MAYOR JUANITA QUALLS OF GROVER CITY Mr. Karp read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTI ON NO. 1819 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE HONORING. MAYOR JUANITA QUALLS FOR HER OUTSTANDING SERVICE TO THE CITY OF GROVER CITY, CALIFORNIA. On motion by Council Member Gallagher, seconded by Council Member Johnson, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was adopted the 11th day of December 1984. ----- ---._---- -- ~ I ( I ~ i CITY COUNC I L DECEMBER ", 1984 ARROYD GRANDE, CALIFORNIA PAGE FIVE. RESOLUTION ADOPTION: HONORING MAYOR BILL RICHARDSON OF PISMO BEACH Mr. Mack read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTf ON NO. 1820 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE HONORING MAYOR BILL RICHARDSON FOR HIS OUTSTANDING SERVICE TO THE CITY OF PISMO BEACH, CALIFORNIA. On motion of Council Member Gallagher, seconded by Council Member Johnson and on the following roll ca11 vote, to wit: ' AYES: Council Members Gallagher, Johnson, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was adopted the 11th day of December 1984. DESIGN REVISION REQUEST: OAK PARK ACRES RESTAURANT, PARCEL A (FILER DEV. CO.) Planning Director Stan Eisner said the request was for a revision to an Architectural Review approval of a project previously approved for a Use Permit and design for a restaurant on Parcel A, Oak Park Acres. He said the applicant (Filer Development Company) had changed architects and revised the design, but all other aspects remain the same. He pointed out on a posted map the location, size, planned parking and other details for the proposed restaurant. A Minute Motion was made by Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to accept and approve design revision of Architec- tural Review Case 84-323 for a restaurant on Parcel A, Oak Park Acres. COUNCIL RECE5SEB FROM 9:21> P.M. TO 9:30 P.M. LOT SPLIT, 1190 GRANO AVENUE (RON HARRIS) Mr. Karp said the final map was posted for Parcel Map AG AL 84-234, a lot line adjustment within the City of Arroyo Grande, which he explained in detail. Council discussion covered easements, ingress and egress, anticipated parking and traffic problems. Mayor Smith asked that the matter should be referred to the Parking and Traffic Commission for study and recommendations to Council; and asked Staff to prepare a Resolution regarding Grand Avenue parking. COUNCIL MEMBER GALLAGHER EXITED THE MEETING AT 9:45 P.M. NUCLEAR REGULATORY COMMISSION RELEASE OF INFORMATION (MRS. MARIE CATTOIR) MARIE CATTOIR, 195 Orchid Lane, read excerpts from a letter from Representative Leon Panetta regarding the release of certain NRC transcripts related to Diablo Canyon licensing proceedings. She asked the Council to make and approve a motion to support Congressman Panetta's efforts. Following disc~ssion, Council voted to support Panetta's efforts on a 2-1 vote wi th Counc i1. ,Member Johnson vot i ng No. PAULDING HISTORY HOUSE GRANT DEED AND REAL PROPERTY ACCEPTANCE AGREEMENT (MR. COOL) DAN KREEGER, Historical Society, said there were some difficulties with the proposed agreement and he hoped that Mr. Cool, the Arroyo Grande City Attorney, and Peter Andrade could work out some agreement. Mayor Smith asked Mr. Kreeger to get together with the people mentioned and work out an agreement to present to Council. BARBARA CARLSON, 324 Longden Court, said she wanted to clarify that the South County Historical Society would not have a museum in Paulding House, but that the Society is working toward a museum in the community. TALLY HO ROAD RIGHT OF WAY AGREEMENT Mr. Karp said he had a copy of the last right of way deed .for Tally Ho Road and the right of way contract, and he would like Council to accept them subject to a quitclaim deed from the party's spouse. A motion was made by Council Member Johnson ~.l~con:~<..'d ~)i' (r)lJi1ci J Merilber Porter <.:lod una;\i\1'Qusly curried, to approv~ the ucquisi- tion "nd th.., right of way documents, subject to the qui tclaim deed, on Tally Ho Road nn a pnrl;~n of lot~ 26 and 27. __u______ ---- -----. - . -- , . / CITY COUNCIL DECEMBER 11, 1984 ARROYO GRANDE, CALIFORNIA PAGE SIX. AUTHORIZATION TO CALL FOR BIDS ON TALLY HO ROAD IMPROVEMENTS Mr. Karp said he requested authorization to call for construction bids to buil~ the improvements on Tally Ho Road, and he explained the details On a posted map. On motion of Council Member Johnson, seconded by Council Member Porter, and unanimously carried, to authorize the call for bids for improvements on Tally Ho Road between LaPoint and LaBarranca. PROPOSED OROINANCE AMENDING MUNICIPAL CODE, RE: GARBAGE AND REFUSE Mr. Mack said the City is currently soliciting bids for a garbage and refuse franchise as outlined in an existing Ordinance, and proposed an amendment to the fees and insurance requirements to be included in the franchise. Mr. Mack read the title of the Ordinance. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING SECTION 6-4.06 RELATING TO "GARBAGE AND REFUSE". Mayor Smith said that constituted the first reading of the Ordinance. PISMO BEACH/ARROYO GRANDE OAK PARK BOULEVARD AGREEMENT Mr. Mack explained the background for the new Council Members, and explained details on a posted map of the Oak Park/Highway 101 area. Following discussion, a motion was made by Council Member Porter, seconded by Council Member Johnson, and unanimously carried, directing Mayor Smith, during negotiations, to insist that a barrier be installed in the middle of Oak Park Blvd. SOTO SPORTS COMPLEX PROGRESS PAYMENT Mr. Mack said Mr. Keisler had submitted a contractor's request for payment for Soto Sports Complex project. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to authorize the payment of $8,717.38, for construction on the first phase of Soto Park and Storm Water Reclamation project. ORAL COMMUNICATIONS Mayor Smith said individual Council Member had expressed a desire for a Study Session with city staff and department heads so they could be brought up to date on the issues. Council agreed to meet on Tuesday, December 18, 1984, at 1:00 P.M. Mayor Smith announced that Mr. Gene Moots would be sworn in as Council Member on December 12, 1984, at 11:00 A.M. in City Hall. ADJOURNMENT The Council adjourned to Closed Session at 10:30 P.M. at the request of the City Attorney. RECONVENEMENT AND ADJOURNMENT Counc i I reconvened in Regular Session and on motion of Council Memb~. Johnson, seconded by Council Member Porter, and unanimously carried, Council adjourned at 10:38 P.M. to the scheduled Study Session. MAYOR ATTEST: DEPUTY CITY CLERK i .~I