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Minutes 1984-09-11 ,-. ., ,..... '-J CITY COUNCIL SEPTEMBER 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 Councilmen Matt Gallagher, Mark Millis and Lawrence Vandeveer were present, Councilman Karl Hogan was absent. PLEDGE OF ALLEGIANCE AND INVOCATION Councilman Millis led the Pledge of Allegiance to our Flag. Counci lman Gallagher delivered the invocation. APPROVAL OF MINUTES On motion of Councilman Gallagher, seconded by Councilman Millis, and unani- mously carried, the Minutes for the Meeting of August 28, 1984, were approved as submitted. APPROVAL OF CHECKS On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, Demand Checks No. P719 through P729, and 23374 through 23454 in the total amount of $292,425.57; and Payroll Checks No. 28530 through 28625 in the total amount of $87,504.67, were approved for payment as submitted. .- ORAL COMMUNICATIONS HARlE CATTOIR, 195 Orchid Lane"submltted two articles for Council's informa- tion: (1) American Health Magazine article of June 1984, concerning "Minidose Radiation Packs Nuclear Surprise"; (2) Santa Barbara News-Pre.ss article af September 9, 1984, regarding Assembly Bi 11 2088 by Assemblyman Rusty Areias, that "requires a utility to prove that construction cost overruns were not imprudently incurred before the ratepayers can be charged for the fat ill ty..'" Mrs. Cattoir said since the City had already sent a le~ter to the PUC, a follow up letter might be appropriate. She also submitted a fact sheet.regarding PG&EDiablo Canyon Nuc\ear Power PI ant. She thanked the Counci 1 for agreeing that HattGallagher attend the CongressionalSubconmittee headng and comnended him for a forthright and impressive presentation. ANNOUNCEMENT Mayor Smith. announced that a letter had been received from Ronald Olson, dated September 11, 1984, withdrawing his application and appeal regarding a zone change for property located north of Huasna Road near Platino and Ore Drive. She said it had been scheduled for public hearing as Item 12 on the Agenda, but is now cancelled per applicant's request. CONSENT AGENDA On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, Consent Agenda Items #6-A through 9-F were approved as recommended. 6A. PROCLAMATION: "Emergency Medical Week." RECOMMEND MAYOR SO PROCLAIM. 7. Minutes and Answered Agendas: REVIEW AND FILE. a. Planning Commission Answered Agenda for Meeting of 9/4/84. b. Parks and Recreation Commission Minutes of 9/8/84. c. Parking and Traffic Commission Minutes of 8/20/84. d. South SLO County Sanitation District Minutes of 8/15/84. e. Animal Regulation Advisory Committee Minutes of 6/28/84, with 83/84 Fourth Quarter Statistical Report. 8. Reports: INFOltMATlONAL ONL Y. a. League of California Cities Legislative Bulletin Nos. 3D, 31 and 32-1984. b. League of California Cities' "Highlights" of Board of Directors' Meetil)g of 7/20 & 21, 1984. c. Letter from Federal Emergency Management Agency of 8/23/84, Re. National Flood Insurance Program for Arroyo Grande. d. Departmental Monthly Report for August, 1984. . e. Lopez Project Painting and Cathodic Protection of Water Tanks. 9. Authori zations: RECOMMEND APPROVAL. a. 1984/85 SLO County Symphony Agreement. b. 1984/85 South County Historical Society Agreement. c. Fire Equipment Call for Bids. d. Deep Well Construction Payment. e. Fair Oaks Storm Drain Construction Payment. f. Release of Tract 1009 Mountain View Bond. --~_.-_.- ---...-- -...- ~ - -, C \TY COUNC I L SEPTEMBER 11, 1984 ARROYO GRANDE, CALIFORNIA PAGE TWO. RESOLUTION ADOPTION:. APPLICATION FOR GRANT FUNDS FOR SOTO PARK COMPLEX City Manager Mack said the Resolution would authorize the City to apply to the State for grant funds for the 50to Park Complex. Parks and Recreation Director John Keisler said the requested funds of $182,000 would supplement the Phase II process to include parking lots, landscaping, reconstruction and rehabilitation of the existing softball fields, a restroom facility, fencing, and professional services. He said the City would match 25% of the funds or $45,500.00. Mr. Mack read the title of the Resolution. On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, to dispense with further readi ng ..of the Resol ution. RESOLUTION NO. 1798 A RESOLUTION OF THE CITY COUNCIL APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM FOR 50TO PARK COMPLEX. .- On motion of.Councilman Vandeveer,.seconded by Councilman Gallagher, and on the following roll .call vote, to wit: AYES: Counci I men Gallagher, Millis, Vandeveer and Mayor Sml th NOES: None ABSENT: Councilman Hogan the foregoing Resolution was passed and adopted the 11th day of September 1~84. RESOLUTION ADOPTION: FOUR-WAY STOP AT THE PIKE AND SOUTH ELM'STREET Mr. Mack sald.a petition had been received for a four-way stop sign at The Pike and South Elm Street. that has been processed through the Parking and Traffic COl11Tlission. He said the COl11Tlission recol11Tlended approval by the'Council. Public Work.s llirec.tQ.r Paul~rp read the title of..t.he Resolution. On motion of Counci I Member Gallagher, seconded by Council Member Vandeveer, and.unanimously carried, to dispense wi th further reading of the Resolution. RESOLUTION NO. 1799 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A BOULEVARD STOP SIGN AT THE INTERSECTION OF THE PIKE AND SOUTH ELM STREET. On motion of Councilman Gallagher, seconded by Councilman Vandeveer, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Millis, Vandeveer and Mayor Smith NOES: None ABSENT: Counci lman Hogan the foregoing Resolution was passed and adopted the 11th day of September 1984. RESOLUTION ADOPTION: NO PARKING ZONE ON 50.'ELM STREET BETWEEN SUNSET AND GRAND Mr. Mack said the Parking and Traffic COl11Tlission recommended approval of the Resolution. Mr. Karp read the title of the Resolution. On motion of Counci lman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTIOtl NO. 1800 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANOE ESTABLISHING A "NO PARKING" ZONE ON A PORTION OF SOUTH ELM STREET. On motion of Councilman Gallagher, seconded by Councilman Vandeveer, and on the fol1o>lj ng roll call vote, to wi t: -------.- - ----- '""' ,.. .. CITY COUNCIL SEPTEMBER 11, 1984 ARROYO GRANOE, CALIFORNIA PAGE THREE. AYES: Councilmen Gallagher, Millis, Vandeveer and Mayor Smith NOES: None ABSENT: Councilman Hogan the foregoing Resolution was passed and adopted the 11th day of September 1984. CASA GRANDE MOTOR INN ACCESS REPORT City Attorney Art Shaw said Council is aware of an argument between the adjoining property owners over the easement or access across the property. He said he had been talking with the attorneys and should be receiving information soon from Mr. Yebb's attorney. that will enable. Mr. Shaw to form a recommendation to the Counc i I . OAK PARK IMPROVEMENT AND MAINTENANCE AGREEMENT REPORT Mr. Mack asked Mr. Karp to show on the posted map the proposed traffic lane layout for Oak Park Boulevard from West Branch Street northerly to Pismo Beach boundary with unincorporated territory. Mr. Mack explained Phase I and Phase II of the Plans for Pismo development and the proposed improvement and maimtenance Agreement between Pismo Beach and Arroyo Grande, to establ ish cammon bo~rles, curb cuts and construction areas which are critical to the overpass and om-ramps interconnecting the City of Arroyo Grande's street system. Mr. Hack Indica ted that Pismo Beach officials did not fInd Mr. Mack's first draft Agreement acceptable and Mr. Mack did not find their counteroffer to be in Arroyo'Grande's bes~ interest. Mr. Mack prepared a new draft which was attached to his September 6, 1984~ Staff report. On motion of Councilman Vandeveer, seconded by Mayor Smith for discussion, to accept and ap.prove Mr. Mack's recomnended Agreement. Following Councn d1scussion, the ~ote was unanimous in favor of the mation. ; PUBLIC HEARING: .. OAK KNOLL DEVELOPMENT (HOWARD ANDERSON, OAK KNOLL VENTUtES) Planning Director Stan Eisner said there .were two aspects of the pubHc hearing to. be corrsrdered- by CotlITCfI, <rnd two sefT<rr<rte<rctions to be taken: (1) iIII amendment to Ordinance No.' 221 C.S. to modify street system and amend development conditions; (2) an appeal of Planning Convnission's denial for Minor Subdivision, Lot Split Case No. 84-391. Mr. Eisner said that after public hearings by the Planning Commission and the City Council, the two issues that were denied were the redesign of the street system and the request for an increase of density from 233 units to 390 units. He said the applicants are resubmitting the tentative tract and the revised street system, with the density remaining at 233 units. He said following concurrent .- .- hearings, the Planning Commission denied both the Ordinance Amendment and the Tentative Tract Map. Mayor Smith said the notice of public hearing had been duly published and all requirements met and declared the hearing open. HOWARD ANDERSON, BAMOD CO., Santa Barbara, said all conditions are acceptable as proposed for the project. Those addressing Council and expressing concerns regarding traffic circulation, protection and preservation of oak trees, and density of housing units were: JIM HENOERSHOT, 333 Miller Yay; AL SPIERLING, 299 Miller Way; NANCY arid MICHAEL BONDELlO, 207 Mc Kinley; KATHLEEN JONES, Halcyon Road in rural Arroyo Grande; PETE and BETTY NOSS, 246 Miller Circle; JOHN McGRATH, 273 Miller Yay; and SPENSER THOMAS, 141 James Yay. Mayor Smith declared the public portion of the hearing closed. Council discussion followed regarding the. various concerns. Mayor Smith said a letter from the Chapter Chairperson of the Sierra Club had been received, which expressed the importance of wilderness designation for the approximately ten. acres of the oak tree stand on the property. Cound I man Mi 11 is made a mot ion. seconded, by Counc i 1 man Ga 11 agher, and unan i- mous!y carried, to enter the letter from the Sierra Club into the record. .---- '""" .-- ... CITY COUNCIL SEPTEMBER 11, 1984 ARROYO GRANDE, CALIFORNIA PAGE FOUR. On motion of Councilman Millis, seconded by Councilman Gallagher, and unani- mously carried, to deny the proposed Ordinance Amendment to modify the street system and, also, to uphold the Planning Commission's denial of Minor Subdivision Lot Split Case No. 84-391. On motion of Councilman Millis, seconded by Councilman Gallagher, to send the planned development back to the Planning Commission for study of density, road design, protection and preservation of the oak tree grove. Council discussion followed, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Millis and Mayor Smith NOES: Councilman Vandeveer ABSENT: Counei lman Hogan the foregoing motion carried. On question, Mr. AI Spierling confinned his statement that he felt the Oak Grove should be under City ownership. PUBLIC HEARING: AMENDMENT TO ORDINANCE NO. 140 C.S. TO MODIFY PERMITTED uses ON PARCEL NO. 3 OF TRACT &04, OAK PARK ACRES. Mr. Eisner said appl ication to construct 'a medical/dental office building had been received some time ago; and Staff reviewed the provisions of Ordinance No. 140 C.S. He said as a result of a public, hearing, the PlannIng Commission recommends an amendment to Ordinance No. 140 C.S. to allow construction of. professional office condominiums, not Including real estate offices. Mayor Smith said the notice of public hearing had been duly publ ished aDd all requirements met and declared the hearing'open. TONY OREFICE, of Architects, presented a prelimInary drawIng of the proposed project. ~ REUBEN KVIDT, Oak Park Acres, said he was in favor of professional offices on the property. Mayor Smith declared the publIc portion of the hearing closed. Following Council discussion, Mr. Eisner read the title of the proposed amendment to the Ordinance. On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, to dispense with further reading of the Ordinance Amendment. ORDINANCE NO. C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ORDINANCE NO. 140 C.S. TO ALLOW USES PERMITTED IN THE PROFESSIONAL COMMERCIAL (P~C) ZONE ON PARCEL 3, TRACT 604, OAK PARK ACRES. Mayor Smith said that constituted the first reading of the Ordinance. COUNCIL RECESSED FROM 9:40 P.M. TO 9:50 P.M. OAK PARK INTERCHANGE PROJECT REPORT Mr. Mack said, as Council is aware, the California Transportation Commission did approve the project as submitted and agreed to by Arroyo Grande, Grover City, . Pismo Beach and Cal Trans. He said a request was made of the local district office of Cal Trans to provide a timetable of their schedule of activities and procedure of design. RANCHO CHAMI5AL ANNEXATION REPORT Mr. Eisner said Council was provided with a memo, dated September 4, 1984, which deals with the organization of a request for annexation. He said a letter from Paul Hood of LAFCo had been received, and an accompanying application request for annexation of approximately 185 acres, known as Rancho Chamisal. He said the details of the annexation will be forthcoming, but the memo lists the twelve steps ""' . ~ . CITY COUNCIL SEPTEMBER 11, 1984 ARROYO GRANDE, CALIFORNIA PAGE FIVE. required of the City in the annexation process. He said to be technically correct the term "annexation" should be referred to a'S "reorganization", since an <lnnexa- tion is unincorporated property being taken into a city. He said when there is more than one jurisdiction involved, it. is referred to as reorganization and subject to the provisions of the District Reorganization Act of 1965; and the final discre- tion in a reorganization is left up to the city. Mr. Eisner said the City had received a formal application for a General Plan Amendment to cover the area in question and a request for prezoning; both of which are being held, and Staff is preparing a request for proposal for an Environmental Impact Report, and will report to Council as the EIR progresses.' I SIGN HEIGHTS REPORT Mr. Eisner said a memo dated September 6, 1984, prepared by the Planning Staff and the Building Department, responds to the questions raised regarding the height of signs in various areas of the City. Mayor Smith said she would like the Planning Commission to address the sensitive areas of the City (such as Grand Avenue, Traffic Way, Oak Park) and draft wordage to govern the maximum height of signs to improve the looks of the areas. Mr. Eisner said Staff would prepare a draft, review it with the City Attorney. and submit it to Council. EAST BRANCH STREET SIDEWALK IMPROVEMENTS REPORT Mr. Karp said this report.to Council regards correspondence between the State and the City Staff on the sidewalk district on East Branch Street. He sa i d:lthe Staff feels more study is necessary on right of way width, and future traffic needs prior to establ kshing a sidewa1;k district. He suggested having the delegate to COG emphasize, during the RTP update, a traffic study for State Routes 227 and 101 to see if these expansion projects should be programmed into the STIP now. i- ORDrNANC~ ADOPTr.ON: RANCffD GRAND~ lONE' CffANGE" AND SPECrFIC DEVELOPMENT PlAN City Attorney Art Shaw read the complete Ordinance. ., ORDINANCE NO. 315 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDMENT TO ORDINANCE NO. 186 C.S., RANCHO GRANDE. ..- On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Millis, Vandeveer and Mayor Smith NOES: None ABSENT: Counci lman Hogan the foregoing Ordinance was passed and adopted the 11th day of September 1984. WRITTEN COMMUNICATIONS None ORAL COMMUNICATIONS Councilman Gallagher asked for a progress report regarding sidewalks on Fair Oaks Avenue. Mr. Karp said Staff is proceeding with discussions with property owners for rights of way prior to installation of the sidewalks. Councilman Gallagher said that in the new sewer plant structure he is concerned about the steel plates that are now necessary to control flooding.. Mr. Karp said flood levels would be considered in the design of all new facilities at the plant. Councilman Gallagher said he hoped to have a slide projection presentation for next Council meeting of pictures of all R~3 developments, showing not one grassy area for the many children living in the apartment developments. ---., - -"-_.~,.. --. -~,_.._-----~-- ~ . .,j CITY COUNCIL SEPTEMBER 11, 1984 ARROYO GRANDE, CALIFORNIA PAGE SIX. Councilman Galla9her said over the years the City had 5idewalk.projects where certain sections of town were provided with curbs and sidewalks. He said he would like the Staff to prepare areas needing curbs and sidewalks~ to form the necessal~ districts, and get permission to again become involved in sidewalk projects. Councilman Millis reconfirmed that the September 25, 1984, Council meeting has been cancelled and rescheduled for October " 1984. . ADJOURNMENT Mayor Smith adjourned the Regular Session to Closed Session at 10:20 P.M. RECONVENEMENT AND ADJOURNMENT The City Council reconvened in Regular Session at 11:05 P.M., with Council Members Millis and Vandeveer, and Mayor Smith present. Councilmen Gallagher and Hogan were absent. On motion of Councilman Vandeveer, seconded by Councilman Millis, and - unanimously carried, the Regular Session was adjourned at 11:06 P.M. MAYOR ATTEST: DEPUTY CITY CLERK ;i: -