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Minutes 1984-03-27 -- . .. . ;'- ~, . CITY COUNC I L MARCH 27, 1984 ARROYO GRANDE, CALIFORNIA 7:00 P.M. The City Council met in Regular Session with Mayor Smith presiding. Upon roll call Council Members Lawrence Vandeveer, Matt Gallagher, Mark Millis were present, and Karl Hogan was absent. . The Council viewed a slide presentation regarding "Community Design and Overview", narrated by Planning Oirector Eisner. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Pro Tem Gallagher led the Pledge of Allegiance to our Flag. The invocation was delivered by Father Michael O'Sullivan, St. Patrick's Church. APPROVAL OF MINUTES On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, the minutes for the meeting of March 13, 1984, were approved as presented. APPROVAL OF CHECKS On motion by Councilman.Vandeveer, seconded by Councilman Gallagher, and unanimously carried, Demand Checks No. 22087 through 22179, in the total amount of $214,889.86; and Payroll Checks No. 27251 through 27350, in the total amount of $ 77.330.86, were approved for payment as presented by City Manager Mack. I PRESENTATION TO INE5 DEL CAMPO, CITY CLERK FROM 6/12/73 TO 2/29/84 Mayor Smith thanked Mrs. del Campo for her lOt years as an elected public servant and presented her with a commemorative plaque. The newly appointed City Clerk, Mrs. Nancy A. Davis, was introduced and welcomed. ORAL COMMUNICATIONS DON BOGGESS, Sierra Drive, addressed the Council regarding the Oak Parkl Highway 101 intersection problems, and said he felt Cal Trans should be sparked into action on eliminating the Northbound off ramp or relieving the safety threats of the area. Development in the area of the intersection (Toucan Terrace, Sheraton Hotel, Festival Theaters) will add to the burden, and he said he felt immediate affirmative action is in order. MARIE CATTOIR, Orchid Lane, said there is a tentative contract between Arizona and California, about to go to the legislature for approval, regarding low level radioactive waste disposal. She said a copy of the Agreement ha~ been requested and should be forthcoming, and she will turn it over to the City. She asked Council to find a way to express concern for the community on this issue. Councilman Millis asked Staff to get more information on the subject. ELLA HONEYCUTT, Oak Hill Road, expressed her concerns regarding Diablo Canyon Nuclear Energy Plant; and the closing of Grover City Beach. A motion was made by Councilman Millis, seconded by Councilman Gallagher, and unanimously carried, to draft a Resolution strongly stating Council 's objection to the charging of fees for beach use. BARBARA METZ, 240 Aspen Street, publicly thanked the Council for their concern and the Letter of Support regarding the housing problems of the residents of the Aspen Street apartment complex. She said the new owners had responded and are willing to accept HUD subsidies, if they come through. She said they had not yet heard from HUD regarding appropriation of the special fund requested, but letters from Senators, Congressmen,., California's Lt. Governor, and Vice President George Bush, had gone forward supporting the cause. CONSENT AGENDA A motion was made by Councilman Vandeveer, seconded by Councilman Millis, to accept Consent Agenda Items #8 through #19, as recommended. Ouring discussion that followed, Councilman Millis said he would like clarification at the next Council meeting on the subject of bonding; such as, who is bonded, for how much and by whom, and to have the report on bonding as a regular item on the Agenda. Councilman Gallagher said he liked the concept that when the City gives money to agencies of the General Revenue Sharing Group, they give something back, for example the performance of the Symphony Association of San Luis Obispo County. Mayor Smith called for a vote on the motion to accept Consent Agenda Items as recommended and the motion was unanimously carried. --- - -~ ---- ~ '\ ., CITY COUNCIL MARCH 27, 1984 ARROYO GRANDE, CALIFORNIA PAGE TWO. 8. Proclamation of CA Child Abuse Prevention Month - April, 1984. RECOMMEND MAYOR SO PROCLAIM. 9. Proclamation of March of Dimes Day in Arroyo Grande on April 28, 1984. RECOMMEND MAYOR SO PROCLAIM. 10. Notification of Beautification Award to City of Arroyo Grande, i.e. , 50to Sports Complex Planning and City-Wide Beautification. REVIEW AND FILE. 11. City Clerk - Official Oath of Allegiance by Nancy A. Davis, and Official Deputy City Clerk Appointments of Robert Mack and Virginia L. Culp. REVIEW AND FILE. 12. League of California Cities: (a) Legislative Bulletins Nos. 10 and 11-1984. REVIEW ANO FILE. (b) Channel Counties Division--Minutes of, and attachment to, Minutes of February 17, 1984. REVIEW AND FILE. 13. Sonic Cable Television--Statement of Gross Receipts for 1983. REVIEW AND FILE. 14. Grant Application for Traffic Safety Study. REVIEW AND FILE. 15. Authorization for Proposals to Provide Planning for Right of Way Acquisi- tion and Construction of Le Point Street Extension from Nevada to Larchmont. RECOMMEND APPROVAL. 16. Agreement Between SLO County Symphony Association and City--Revenue Sharing Funds 1984/85. RECOMMEND APPROVAL. 17. Minutes and/or Answered Agenda: REVIEW AND FILE. (a) Planning Commission Meeting of March 20, 1984. (b) Parking & Business Improvement Advisory Board--Minutes of February 23, 1984 and March 15, 1984. (c) Parks & Recreation Commission--5ummary of March 13, 1984 Meeting and Minutes of February 29 and February 15, 1984 Meetings. (d) South San Luis Obispo County Sanitation District Meeting of March 7, 1984. (e) Zone 3 Advisory Committee--Notes of February 16, 1984 Meeting. 18. Revenue Sharing and the Handicapped. INFORMATIONAL ONLY. 19. Letter from FEMA. INFORMATIONAL ONLY. EXPEDITING PUBLIC HEARINGS OF PLANNING COMMISSION AND CITY COUNCIL City Manager Mack said he and the Planning Department, in trying to. expedite citizen planning requests requiring public hearings before the Planning Commission and the City Council would like to conduct a test program to advertise both public hearings in the newSpaper at the same time, thereby reducing the publica- tion costs and expedite the application process for applicants and the public. He asked Council's concurrence in testing this concept to see if it is workable. Mr. Eisner added this would apply to matters that normally come to the City Council such as: General Plan Amendments, Zone Changes, and Use Permits in the P-D Zone. Councilman Millis commended Staff for the innovative ideas, but felt the concept should not be adopted. Councilman Vandeveer said it was a good idea, and it works in other cities, and he felt it should be tried. Councilman Gallagher said the residents of Arroyo Grande had shared the development of the City over the years and shown real concern; and although he like the idea, hoped that problems could be foreseen and overcome, regarding the public hearing advertisements. Mayor Smith said the public should not be barred from any proceedings and. since this is a new idea she could not object to trying the new method for two months. If things run smoothly without cutting out the public and getting their input, it would be money saving and she would support it on a trial basis for two months and have Council review it. ELLA HONEYCUTT, expressed concern that the new concept would cost the public time and money in attending meetings that are continued, and result in the public losing interest and effect. ----"---- --- - _______n___.'___ ,- ""' C!TY COUNC I L MARCH 27, 1984 ARROYO GRANOE, CALIFORNIA PAGE THREE. Councilman Gallagher made a motion to table the item, to enable CounciT to get more input, and bring it back at another date. Councilman MilTis seconded the motion to table the item for two more meetings. Mayor Smith called for a vote, which carried, with Councilman Vandeveer abstaining. Mr. Mack clarified to the Council that the item is tabled until a Counci I Member again introduces it for discussion. PUBLIC HEARING TO CONSIOER AMENDMENT TO ORDINANCE NO. 221 C.S. TO MODIFY OENSITY AND CONCEPTUAL MASTER OF PLAN OF P-D DISTRICT OF OAK KNOLL DEVELOPMENT Planning Director Eisner said this matter has been held at the Planning Commission and continued for two weeks. Mayor Smith continued the Council Public Hearing for two weeks. CounciTman Millis made a motion that when Planning Commission takes action on this item and it is ready to come before the Council, it be readvertised as a Pub I ic Hearing. Councilman Gallagher seconded the motion, which was carried on a 3-1 vote, with Councilman Vandeveer voting "no". PUBLIC HEARING TO CONSIDER APPLICATION FOR MINOR SUBDIVISION WITHIN OAK KNOLL VENTURES DEVELOPMENT IN THE P-D DISTRICT Mayor Smith said the Planning Commission had not yet taken action on this item and it was'continued for two weeks,also. A motion was made by Councilman Millis, seconded by Councilman Gallagher, that when the Planning Commission had taken action, and the matter is to come before the Council, it be,readvertised as a Public Hearing in the usual manner. The motion carried on a 3-1 vote with Councilman Vandeveer voting "no". PUBLIC HEARING TO CONSIDER AMENDMENT TO ZONING OROINANCE NO. 24 C.S. TO ESTABLISH STANDARDS FOR SECONO RESIDENTIAL DWELLING UNITS ON EXISTING SINGLE FAMILY LOTS. Mr. Eisner said the State Legislature had two bills last year (Bill 1160 and 1534) added to the Government Code, adding second units to single famiTy deve Topmen to According to a Letter of Request received 65 days ago for the so- calTed "Granny FTat", the City had 120 days to reply to the Mello legislation. Mr. Eisner introduced Ms. Linda Stonier, Housing Planner for the City, who has been working on updating the housing element and preparing a proposed Ordinance for consideration by Council on the second dwelling units. Ms. Stonier explained the guidelines allowed by the Tegislation for imple- mentation to allow for second units on single famiTy lots as prescribed by law; or to preclude by Ordinance the second units as prescribed by law; and the third option is: if within 120 days of the first application, the City has neither of the aforementioned Ordinances, the City must use the State standards which are set out by law to review the project and approve it. The Planning Commission has reviewed and held a public hearing on the Ordinance now before Council, which' permits second units by conditionaT use permits. On question, Ms. Stonier stated that no age limit is included in the Ordinance because of a legal techni- ca T i ty. Mayor Smith said the notice of public hearing had been duly published and requirements governing hearings had been met and the hearing was open. ELLA HONEYCUTT, Oak HiTI, asked if Council is alerting the property owners at the time of getting a permit, that if they use this change or conversion they wiT1 Tose their Proposition 13 tax break. City Attorney Shaw said he did not think the property owners would lose the tax break. MARIE CATTOIR, Orchid Lane, said she felt the pubTic needed more time to study the issue. No other speakers came forward, and Mayor Smith closed the pubTic portion of the hearing. Mr. Shaw said if .the City does not adopt something within the 120 days, the weaker standards of the State will apply, rather than the I-leTl-wri tten Ordinance before Council. ._~ ----~~--- ..-_._--"-- - ........ CITY COUNCIL MARCH 27, 1984 ARROYO GRANOE, CALIFORNIA PAGE FOUR. Council discussed the matter, and questioned the effect of school fees on the second dwelling units. City Attorney Shaw said the School Ordinance would have to be amended. Mr. Eisner read the title of the Ordinance. A motion was made by Councilman Millis, seconded by Councilman Vandeveer, .and unanimously carried, to dispense with further reading of the Ordinance. Mayor Smith said that constituted the First Reading of the Ordinance. COUNCIL RECESSED FROM 8:45 P.M. TO 8:50 P.M. APPROVAL OF TRACTOR AND MOWER PURCHASE FOR PARKS AND RECREATION DEPARTMENT City Manager Mack requested approval of the Council to award the bid for a tractor for Parks & Recreation in the amount of $8,029.50; stating the excess money from the budgeted amount of $7,400. would be absorbed by Parks & Recreation budget. He said the reason for the recommendation to purchase this particular piece of equipment is because, after careful review by the Parks Foreman and the City Mechanic of the bids, this is the best choice. A motion by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, was to approve the recommended purchase of the tractor in the amount of $8,029.50. APPLICATION BY WOOD-VOAKES MORTUARY FOR SEWAGE DISPOSAL SYSTEM/SERVICE City Manager Mack said a telephone survey of all mortuaries in the yellow pages in the County revealed there were none not on a public sewer system. He said letters had been sent to several agencies requesting their opinions and information on the question of septic tank vs. sewer service. He said one response by telephone, from John Stutz, Deputy Administrator for Fruit & Vegetable Qaul i ty Control Board, stated there was nothing in his Department's jurisdiction - that provided any type of insight into the questions. Mr. Stutz had checked with the Pesticide/Insecticide Division, which had no information on the subject. Mr. Mack said a communication from Wood-Voakes Mortuary was received this date, which basically suggests there might be other alternatives, such as, a separate holding tank which would be pumped at regular intervals. Mayor Smith said answers to the various letters had not been received, except for the one telephone call; but that Mr. Voakes had asked for the matter to be resolved at this Council meeting. She said this was not a Public Hearing but she would welcome comments from the public. TOM HIGDON, 183 Fairview Drive, said he was very concerned about the dumping of wastes that could get into the drinking water. MARIE CATTOIR, Orchid Lane, said she was concerned about Council setting a precedent by approving a septic .tank for a commercial venture; and that the Mortuary would be doing themselves a great di.sservice, if the public conceives their proposal as hazardous. She felt the Mortuary should go to the extra expense and effort of connecting to the sewer and preserving their publ ic image of caring about the community and the people. Considerable Council discussion followed. A motion was made by Councilman Millis, seconded by Mayor Smith for further discussion, that when Wood-Voakes Mortuary builds its new facility, they be required to connect with the City sewer. Council Members agreed to delay any action until answers are received from the experts contacted. Mayor Smith asked for a vote on the motion and on the following roll call vote, to wi t: AYES: Councilman Millis and Mayor Smith NOES: Councilmen Vandeveer and Gallagher ABSENT: Councilman Hogan no action could be taken and the same issue wi 11 be on the next Agenda. . ~ ~ ..- CITY COUNCIL MARCH 27, 1984 ARROYO GRANOE, CALIFORNIA PAGE FIVE. 1984/85 BUDGET FOR THE CITY City Manager Mack said no decision was necessary at this time regarding the General Revenue Sharing Funds, but called attention to the requests made by various organizations and his recommendations for each. Mr. Mack suggested changes in the Human Relations Commission Agreement for the coming year and solicited amendments from Council before contact is made with the Commission for the next year. Mr. Mack said the same holds true with the Chamber of Commerce Agreement. He said he proposes several changes, and invited Council comments. Mayor Smith commented she would question the Harvest Festival Agreement, and said she would like to take it back to Committee to check on Chamber of Commerce participation in certain items. Mr. Mack said finished contracts would not be brought back until Council had adopted the 1984/85 Budget, which then .provides for the specific sums to be inserted into the Agreements. OAK PARK TRAFFIC REPORT Mr. Mack said a Bill (AB 2641), called "Cal ifornia Publ ic Improvement" is before the State Legislature; and requested Council to authorize Letters of Support for the Bill. He said that a study of the intersection off ramp by Cal Trans would take approximately three years, which would include E. I.R. and new right of way agreements. Councilman Millis suggested working with Grover City and Pismo Beach, presenting the problem to Assemblyman Eric 5eastrand along with a tour of the problem area, and ask Mr. Seastrand to take the matter into the Governor's Office for serious consideration. AOOPTION OF RESOLUTION AUTHORIZING SALE OF PROPERTY City Attorney Shaw read the title of the ResoJut;on. A motion was made by Councilman Gallagher, seconded by Councilman Vandeveer, and by roll call vote with Councilman Millis voting "No", to dispense with further reading of the Resolution. Mr. Shaw read the Resolution in full. RESOLUTION NO. 1751 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE SALE OF CITY OWNEO REAL PROPERTY AT 1425 25TH STREET, OCEANO. On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher and Mayor Smith NOES: Councilman Millis ABSENT: Councilman Hogan the foregoing Resolution was passed and adopted this 27th day of March, 1984. ADOPTION OF RESOLUTION OF NECESSITY FOR ACQUISITION OF RIGHT OF WAY City Attorney Shaw said the Resolution relates to starting eminent domain proceedings on three easements needed on three pieces of property for Fair Oaks storm drain. Mr. Shaw read the title of the Resolution. On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, to dispense with further reading of the Resolution. RESOLUTION NO. 1752 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE OETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LANO ANO OIRECTING THE FILING OF EMINENT OOMAINPROCEEDINGS. ---~ -- --- ~ CITY COUNC I L MARCH 27, 1984 ARROYO GRANDE, CALIFORNIA PAGE SIX. On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Millis and Mayor Smith NOES: None ABSENT: Counc i1 man Hogan the foregoing Resolution was passed and adopted this 27th day of March, 1984. ADOPTION OF ORDINANCE TO AMEND ZOrllNG ORDINANCE RE: MINIMUM YARO REQUIREMENTS City Manager Mack read the title of the Ordinance. On motion by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, to dispense with further reading of the Ordinance. ORDINANCE NO. 310 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING SECTION 9-4.90B(b) OF CHAPTER 4, TITLE 9, RELATING TO THE MULTIPLE FAMILY RESIDENCE (R-3) DISTRICT. On motion by Councilman Vandeveer, seconded by Councilman Millis, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher; Millis and Mayor Smith NOES: None ABSENT: Councilman Hogan the foregoing Ordinance was passed and adopted this 27th day of March 1984. AWARO CONTRACT RE: TEMPORARY PAVING ON WEST BRANCH STREET Mr. Mack said the E-Z 8 Motel developers .agreed to put up $15,000.00 for the temporary paving of that section of West Branch Street from the Festival Enterprises theater site to the Brisco Road intersection, and to be completed when the theater opens (mid-May). He said an initial quote of $36,000.00 was received from one contractor and Mr. Karp was able to get quoted $20,000.00 cost for the job. The E-Z B Motel has not yet paid the $15,000.00, and suggested Council authorize going ahead with the $20,000.00 paving job in order to meet the timetable. He said City would have to fund the project until E-Z 8 Motel comes in for their permit. On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, accepting Staff recommendation concerning the temporary paving contract award. REQUEST BY FARMERS MARKET FOR USE OF CITY HALL PARKING LOT Mr. Mack said City had a request from Farmers Market to uti1ize the City Hall parking lot from 6:00 to 9:00 P.M. on Tuesday evenings. Mr. Mack recommended the use of the parking lot be for a six month period of time, during which they will determine if they wish to continue with the use of Strother Park on Wednes- day. Council discussion revealed that Tuesday was not an acceptable day and decided to allow the use on Wednesday instead. JOHN TURNER, Manager of Farmers Market Association, said he would be able to accept Wednesday as offered, but the Board would have to act on the recommenda- tion. On motion by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, making the parking lot behind City Hall available for the use by Farmers Market Association on ~/edncsdays from 6:00 to 9:00 P.M. ADOPTION OF RESOLUTION IN SUPPORT OF AN INITIATIVE ORDINANCE REQUIRING ELECTORATE APPROVAL OF OFFSHORE OIL SUPPORT ACTIVITIES IN THE PORT OF SAN LUIS HARBOR DISTRICT. Hayor SOl; th said she had been contacted to support a Resolution to allow the electorate to vote on the issue. -_.._-_.~_..--.....-_... ----- -"---- ~ , . . ~- '"~ ~ . CITY COUNC I L MARCH 27, 1984 ARROYO GRANDE, CALIFORNIA PAGE SEVEN. City Attorney Shaw read the title of the Resolution. On motion of Council Member Gallagher, seconded by Council Member Millis, and unanimousJy carried, to dispense with further reading of the Resolution. Councilman Vandeveer said he felt this was a political issue and Council should not be involved and, therefore, he could not support the Resolution. RESOLUTI ON NO. 1753 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 'ARROYO GRANDE IN SUPPORT OF AN INITIATIVE ORDINANCE FOR THE PORT OF SAN LUIS HARBOR DISTRICT REQUIRING ELECTORATE APPROVAL OF OFFSHORE OIL SUPPORT ACTIVITIES IN THE HARBOR. On motion by Councilman Gallagher, seconded ~y Councilman Millis, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Millis and Mayor Smith NOES: Councilman Vandeveer ABSENT: Councilman Hogan the foregoing Resolution was passed and adopted this 27th day of March 1984. WRITTEN COMMUNICATIONS City Manager Mack informed the Council that Diedre Foat had resigned from the Blue Ribbon Committee, and that Chuck Burns had given verbal resignation from the Downtown Parking Advisory Board. Mr. Mack asked if Council wanted the vacancies put on the next Agenda for appointments. Mayor Smith said recommenda- tions wouJd be coming from the Board for consideration at the April 10, 1984 Council meeting. Council agreed not to replace Diedre Foat on the Committee, but directed a Letter of Appreciation be written to her for her service. ORAL COMMUNICATIONS Councilman Millis asked for a report at the next Council meeting regarding parking at the Emergency Room Entrance of Arroyo Grande Community Hospital. He said one of the alternatives recommended was to create several parking spaces along Fair Oaks Avenue near the entrance, and designate them for emergency uses only with two-hour parking limits. Councilman Vandeveer asked Mr. Mack to deal with Mr. Diaz and the problem regarding horses in the area of 234 Tally Ho Road, and exceeding the Ordinance requirements for the zoning. Councilman Millis said there were other areas in the City that are potential health hazards (garbage, etc.) and asked if there is anything the City can do, other than refer it to the County Health Officer. City Attorney Shaw said the County Health Officer is also designated the City Health Officer to enforce a Resolution on the problems. TOM HIGDON, 183 Fairview Drive, referred to the Wood-Voakes application for sewage disposal system, and asked if this was the first permit of this type issued by the City since the sewer system was installed. Mayor Smith said it was the first commercial permit but not the first residential reques t. Mr. Higdon then asked how many signatures are required to get this on the ballot and before the people. Mr. Mack said he would have to research the question in order for the City to provide an answer. City Attorney Shaw said he felt the initiative petition should be used to change an existing Ordinance. ADJOURNMENT TO CLOSED SESSION Mayor Smith adjourned the Regular Session to Closed Session at 10:35 P.M. RECONVENEI1ENT AIm ADJOURNMENT The CJosed Session adjourned at 11:03 P.M.; the Regular Session reconvened immediately and adjourned at 11:05 P.M. MAYOR ATTEST: DEPUTY CITY CLERK t -"._---