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Minutes 1987-12-22 ~. , MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 22, 1987 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met in regular session at 7:30 P.M. with Mayor Howard Mankins presiding. Also present were Council Members Dorace Johnson, Mark M. Millis and Gene Moots. Absent was Council Member D. G. Porter. FLAG SALUTE AND INVOCATION Mayor Mankins led the salute to our Flag, and the Rev. Everett Taylor of the Arroyo Grande First United Methodist Church delivered the invocation. PUBLIC APPEARANCES None. CONSENT AGENDA Moved by Millis/Moots (4-0-1, Porter absent) to approve the Consent Agenda with the recommended courses of action. C.l. November 24, 1987, City Council Minutes. Approved. C.2. November 27, 1987, City Council Minutes. Approved. C.3. December 1, 1987, City Council Minutes. Approved. C.4. Interim City Manager Employment Agreement. Approved. C.5. Extension of Brush Poppers Lease Agreement. Approved. C.6. Building Department Lighting Award of Bid. Low Bid Awarded. C.7. Appointment of Alternate to Hazardous Materials Committee. Fire Chief Hamp Appointed. 1988 STRAWBERRY FESTIVAL'AND PROPOSED RESOLUTION TO CLOSE A PORTION OF BRANCH STREET FOR SUCH FESTIVAL Interim City Manager Chris Christiansen referred to his memo of December 17, 1987, listing matters the Village Merchants Association has addressed with regard to the Festival. He recommended that the Council adopt a resolution reques t i.ng Ca ltrans to permi t closure of Branch Street. Moved by Johnson/Millis (3-1-1, Mankins abstaining and Porter absent) to adopt Resolution 2187 Requesting Authorization to Close a City Street (Branch Street from Traffic Way to Mason Street) during the Strawberry Festival May 28 and 29, 1988. RESOLUTION SUPPORTING EFFORTS TOWARD FEDERAL GOVERNMENT IMPROVEMENT OF MARINER SAFETY AT THE MORRO BAY HARBOR ENTRANCE Mr. Christiansen explained a request from Morro Bay Mayor Dale Reddell for support in seeking the improvement of the Morro Bay Harbor entrance. Moved by Moots/Johnson (4-0-1, Moots, Johnson, Millis and Mankins voting aye, Porter absent) to Adopt Resolution No. 2188 Supporting Efforts Towards Federal Government Improvement of Mariner Safety at the Morro Bay Harbor Entrance. CITY RESOLUTION CONCEPTIONALLY APPROVING REAL PROPERTY DONATION C.C.FILE 6-14-105 Mr. Christiansen recommended that the Council approve the donation of a five-acre parcel of property to the City by Developer Bill Lackey. City Attorney Art Shaw referred to his memo of December 16, 1987, and discussed the ramifications of accepting the five-acre parcel. He also explained the provisions, restrictions and limitations of the San Luis Obispo County Board of Supervisors resolution conditionally authorizing an exchange of real property with Developer Lackey. .."'- CITY COUNCIL DECEMBER 22, 1987 ARROYO GRANDE, CALIFORNIA PAGE TWO ~ROPERTY DONATION-Cant inued from ~~.l Mr. Shaw said the County wants the City to indicate by Resolution if it is interested in accepting the donation of land, after the City's review procedures are complied with. He said that he had prepared a sample Resolution 9iving conceptual approval. He said Attorney Mike Zimmerman also had offered the Council a proposed Resolution. Mayor Mankins said this (Mr. Shaw's proposed Resolution) would allow the process to proceed and adhere to all the legal requirements for accepting the property at this time. MR. ZIMMERMAN of 227 E. Branch Street said that representatives of the Arroyo Grande Community Alliance wished to speak. Mayor Mankins opened the discussion to the floor. Asking questions of the Council regarding the details of the land swap between the County, the Developer and the City were BILL MCCANN of 575 Crown Hill, CHUCK BURNS of 293 Miller Way, JOHN CLARK of 132 Bridge Street, GORDON BENNETT of 415 Alder Street, and ED BENNETT of 655 S. Halcyon Road. MR. ZIMMERMAN asked that the Council's Resolution not include the limitation that the land be used only for Municipal Office Space, and that citizen input be allowed on the matter. He asked if any special treatment has been given to the Royal Oaks developer, and if any threats had been made to a City inspector. BILLY HOWELLS of 306 Nelson Street asked why the Royal Oaks Developer had not been fined for removal of Landmark Trees, and why work on the development had not been halted. BILL HART of 207 Bridge Street said the donated property also could be used for a performing arts center, a museum, a gymnasium or a YMCA. MARIE CATTOIR of 195 Orchid Lane asked the Council for more orientation, more study and full public discussion on this matter. , Urging the Council to accept the donation of land were DON GULLICKSON of 513 Cherry Avenue and BILL LACKEY of 575 Easy Street. Mr. Lackey explained his part in the land exchange; said the exchange had not been kept secret; that he had received no special treatment by the City; that he had some trouble with a City inspector, but that it had been resolved; that he had not removed Landmark Trees, and that any trees removed were approved by the City and are being replaced on a five to one ratio. He praised the Mayor's foresight in seeing the value of the land. Fourth District Supervisor Jim Johnson explained his part in the land trade, and said he believed the trade was for the benefit of the City. He explained how the County proceeded in the matter. He said the agreement was based on the land being used for public facilities, but that if the Council rejected this agreement and had another plan, he would consider it. He explained that the 3D-day conceptual approval deadline was set by the County so that it would not be left "hanging in limbo." Mayor Mankins gave a description of the manner in which the land trade developed. He said the proposed Resolution would start the full process and allow all citizens to speak to the issue. He said this land trade affords the City an opportunity to have badly needed office space. Council Member Moots said he sees the land donation as a "plus. for the City. He said he would support any municipal service (public) type use for the donated land. He said there has been no secret about the land trade, and that the only new items were the 30-day conceptual approval requirement and the narrowing of the concept to "municipal office space" use only. He said by selling property where the present City Hall is located the City could build a new City Hall on the donated land. He said it would be difficult to get the necessary public money to build a City Hall on the present site. He said more retail opportunity is needed in the Village. He said the Royal Oaks development was the most reviewed project he could remember since he served on the Planning Commission and City Council. ---.----.-.--------- .~ CITY CUUNCII UECEMBER 22, 1987 ARROYO GRANDE, CAUfOHNIA PAGE THREE PROPERlY DO~AT!Q~:Cont!!luedI::~\I~ Pd~~l Council Member Johnson said she concurred wlLh lhe Mayor and Council Member Moots that this is a Golden Opportunily lhe CIty needs to look at. She said accepting the donated land would be a start, and that the direction as to what to do with the land could follow. She said new City office space is needed. She said there is a potential for growth in the Village, and the Village atmosphere should be preserved. She said she is very concerned about the Landmark Trees and if there is a problem, she would like to discuss it. DORIS OLSEN of 573 Via La Barranca asked jf the acceptance of the donated land is tied to development of the land where the present City Hall is located. Mayor Mankins and Council Members Moots and Johnson said there is no connection between the two. Council Member Millis read from a May 8, 1987, article in the Times- Press-Recorder, which said that in return for the land donation to the City the developer had been released from requirements such as construction of a parking lot, extension of certain streets and construction of a drainage basin. Mr. Millis said the land donation is tied to "strings" such as "municipal office space only." He recommended denying the proposal and asking the County to give the land to the City with only the stipulation that it be for governmental use. JIM SCRIVANI of 201 Whiteley suggested more public education and discussion of matters such as this. MR. ZIMMERMAN recomnended approval of the AGCALL Resolution which would eliminate the "municipal office space only" stipulation. Mayor Mankins closed the discussion to the floor. Mr. Shaw said there are lwo changes proposed In the AGCALL Resolution. lie said he would agree with the first change which would delete from the title of the Resolution the words "Municipal Office." 11e said he would not agree to the second change referring to further exploration with the County of possible uses for the land. . Moved by Moots fJol1nson (3-1-1, Moots, Johnson and Mank ins vot i ng aye, Mi11is voting no, and Porter absent) to adopt Resolution No. 2189 (as recommended by the City Attorney) Conceptua 11y Approv i ng the Donat i on of a Five Acre Site to the City. DISABILITY RETIREMENT PRDCESS-C.C.FllE 2-5-13 ~r~ChristTansen referrea-fo-his memo of December 2, 1987, and said that Risk Management Associates (RMA), the City's disability insurance administr~tors, through the Joint Powers Authority, recommend that all JPA cities adopt a formal disability retirement process which complies with State laws. He recommended that an ordinance be adopted which confers on the City Manager the responsibliity to remove from City service those employees who are incapacitated from performing their jOb duties. Mr. Shaw recommended adopting the Ordinance and then a Resolution Delegating Authority to Make Certain Determinations and Applications Relating to Disability Retirements Under the Public Employees' Retirement Law. Mr. Christiansen read the title of the proposed Ordinance. It was moved by Moots/Johnson (4-0-1, Moots, Johnson, Millis and Mankins voting aye, Porler absent) to hold the first reading of an Ordinance Designating the City Manager With the Authority to Apply for Retirement for Employees With a Disability (California Government Code Sec. 21023). POLICE COMMUNICATIONS - AWARD OF BID Mr. Chr i s t i ansen referred fa-P'o 1 ice Ch i ef Clark's memo of December 18, 19B7, and recommended that approval be given to purchase the Centracom II Radio System from Motorola for the bid price of $129,890.16. Moved by Moots/Johnson (4-0-1, Porter absent) to approve the recommendation. --,.-._--~-~'.~---"---" - - - CITY COUNCIL DECEMBER 22, 1987 ARROYO GRANDE, CALIFORNIA PAGE FOUR SECOND READING OF ORDINANCE AMENDING THE ZONING MAP BY MODIFYING THE ZONE DESIGNATION ON CERTAIN PROPERTY IDENTIFiED AS 201 BRISCO ROAD, FROM "R- 3" (MULTIPLE FAMILY RESIDENTIALi DISTRICT TO "P_M" (PLANNED INDUSTRIAL) DISTRICT-C.G.FILE 6-3-84 Planning Director Doreen Liberto-Blanck explained that this would be the second reading of the Ordinance. Mayor Mankins read the title of the Ordinance, and on motion of Johnson/Moots, Council voted to dispense with further reading of the Ordinance. Moved by Johnson/Moots (4-0-1, Johnson, Moots, Millis and Mankins voting aye, Porter absent) to adopt Ordinance No. 367 Amending the Zoning Map by Modifying the Zone Designation on Certain Property, Identified as 201 Brisco Road, From "R-3" (Multiple Family Residential) District to "P_M" (Planned Industrial) District. HEIGHT REQUIREMENTS FOR "R-3" Zone-C.C.FILE 6-15-87 Ms. Liberto-Blanck referred to her memo of December 17, 1987, and, said that since Architectural Review will take place in each case, she would recommend that no further action be taken with regard to height restrictions in the "R-3" lones. She said no architectural review is required by the zoning code in the "R-2," "RAB" and "R-S" zones. Council Member Millis and Mayor Mankins reminded the director that when the final height ordinance is written there should be some flexibility and an appeal process. ADJOURNMENT TO CLOSED SESSION The Council adjourned at 8:42 P.M. to a Closed Session. RECONVENEMENT AND FINAL ADJOURNMENT The Council reconvened from the Closed Session and immediately adjourned at 9:15 P.M. . MAYOR ATTEST: CITY CLERK