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Minutes 1985-10-22 '"- --....., CITY COUNCIL OCTOBER 22, 1985 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Re9ular Session with Mayor B'Ann Smith presiding Upon roll call Council Members Matt Gallagher, Dorace Johnson and D. G. Porter were present. Council Members Gene Moots was absent. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Gallagher led the Pledge of Allegiance to our flag. Council Member Dorace Johnson delivered the invocation. APPROVAL OF MINUTES On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, the Minutes of the Meeting of September 24, 1985, were approved. APPROVAL OF CHECKS On motion of Council Member Galla9her, seconded by Council Member Johnson, and unanimously carried, Demand Checks No. P030 through P044 for $198,877.81, and No. 26646 through 26729 for $78,204.09, and Payroll Checks No. 31665 through 31911, for $195,627.87, for a Grand Total of $472,709.77, were approved for payment as submitted by City Manager Robert Mack for Finance Director Dave Bacon. ORAL COMMUNICATIONS MARIE CATTOIR, 195 Orchi d Lane, read from a letter from Coun- cil Member James May of Santa Maria to the Santa Maria City Council with regard to Casmalia Toxic Waste. Council Member May wrote in his letter that his ultimate goal was to close the Casmalia landfill to all but Santa Barbara County-generated toxic wastes. He listed seven steps toward reaching his goal, and said that the Santa Maria City Council has the authority and ob 1 i gat i on to express the deep concerns of the peop 1 e of Santa Mari a and its planning area. Mrs. Cattoir said that she and her husband had noticed an odor that they believed could be coming from Casmalia dump site. She also read from an article in the July 27, 1980, Los Angeles Times, in which a member of the Nuclear Regulatory Commission is objecting to a dump site being put in his neighborhood. LOIS SCHRAGER, 755 Dodson Way, said there was a dangerous traffic problem in her neighborhood. Mayor Smith said the subject will be on the agenda later in the evening. CONSENT AGENDA Council Member Gallagher withdrew Item 22 and asked to have it placed on the next agenda, and Councilman Porter withdrew Items 23 and 31 for discussion. On motion of Council Member Porter, seconded by Council Member Gallagher, and unanimously carried, to approve Consent Agenda Items 7 through 21, 24 through 30 and 32. 7. September Departmental Report. [Recommend Review and File). 8. First Quarter Sales Tax Report. [Recommend Review and File]. 9. September Sales Tax Report. [Recommend Review and File]. 10. September Investment Deposit Report. [Recommend Review and File]. 11. 10/17/85 Downtown Parking Advisory Board Answered Agenda. [Recommend Review and File]. 12. 10/1/85 Planning Commission Minutes. [Recommend Review and File]. 13. 10/15/85 Planning Commission Answered Agenda. [Recommend Review and File). 14. 9/11/85 Parks and Recreation Commission Minutes. [Recommend Review and File]. 15. 9/16/85 Parking and Traffic Commission Minutes. [Recommend Review and File]. 16. 6/7/85 SCAT Meeting Minutes. [Recommend Review and File]. ______.______o - -~ CITY COUNCIL OCTOBER 22, 1985 ARROYO GRANDE, CALIFORNIA PAGE TWO CONSENT AGENDA Continued 17. August SCAT Monthly Performance Report. [Recommend Review and File]. 18. September Runabout Monthly Report. [Recommend Review and File]. 19. December 24, 1985 Council Meeting Change to December 18, 1985. [Recommend Date Change]. 20. Oak Parkllntersection Report. [Recommend Review and File]. 21. Inverse Condemnation Liability Report. [Recommend Review and File]. -----.._--- 24. So. Co. Historical Society Revenue Sharing Agreement. [Recommend Approva1J. 25. Parcel Map AG 85-123 Common Driveway Use Agreement. [Recommend Approval]. 26. Parks and Recreation Department Bid Award to Replace Village Green Planters. [Recommend Low Bid Award]. 27. Parks and Recreation Department Bid Award for Lawn Edger and Chain Saw. [Recommend Low Bid Award!. 28. Parks and Recreation Department Bid Award for Box Scrapper and 50-Gallon Sprayer. [Recommend Low Bid Award). 29. Parks and Recreation Department Bid Award for Soto Sports Complex Basin No.3 Partial Fencing. (Recommend Low Bid Award!. 30. Soto Sports Complex Storm Drain and Electrical Lighting Design Progress Payment. [Recommend ADDroval of Pavmentl. 32. Various Street Overlay Progress Payment and Project Acceptance. [Recommend Approval of Payment and Acceptance]. 23. Mason/Branch Signalization Agreement. Council Member Porter asked Public Works Director Karp when the signalization would be finished, and Mr. Karp said it would be done in approximately a year. Mr. Gallagher suggested writing to Cal Trans to speed up the project. Counc i 1 11embers expressed the desire to move along as quickly as possible the several signalization projects. 31. Tally Ho Road Construction Progress Payment. Mr. Porter asked Mrs. Karp why the project was behind schedule, and Council Member Gallagher said the contractor should not be paid. Mr. Karp said that the contractor, John Madonna, has pledged completion in 2 to 4 weeks and will do a better job than he has so far. Mr. Karp explained that that Mr. Madonna would be penalized for not completing the project on schedule. He said Mr. Madonna had been delayed somewhat by the City Engineer. He said this payment would be for what the City owes Mr. Madonna less 10 per cent. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to continue Item 22 and approve as recommended Item 23. A motion by Council Member Gallagher to delay payment to Mr. Madonna in Item 31 died for lack of a second. On motion of Council Member Johnson, seconded by Council Member Porter, to pay the construction progress payment, was approved on a roll call vote with Council Member Gallagher voting "no." ------ .- -~ . CITY COUNCIL OCTOBER 22, 1985 ARROYO GRANDE, CALIFORNIA PAGE THREE TRAFFIC WAY AREA STREETSCAPE IMPROVEMENTS-PUBLIC HEARING Mr. Mack said that Omni-Means, at the City's request, had provided a study with proposals for improving the Traffic Way Area Streetscape after the underground project has been completed by the utilities. He said that both the Parking and Traffic and Planning Commissions have concluded public hearings and made recommendations, which would be given by Mr. Karp and Planning Director Stan Eisner. Mr. Mack said basic questions among those to be addressed are: Traffic Way Street cross section or profile, Fair Oaks/Traffic Way signalization, Nelson/Traffic Way signalization, Station Way/Traffic Way signalization, Bridge Street/Traffic Way traffic movements, Sidewalk widths, and drainage. He said that Bridge Street would not be closed. Mr. Karp read the Parking and Traffic Commissioners' recommendations with regard to the Traffic Way project, and the staff's recommendation with regard to drainage, as summarized in his memo of October 1, 1985. Mr. Eisner read the Planning Commission's recommendation's for design criteria for the Traffic Way/Bridge Street corridor to be implemented as a part of the underground utility program. After Council questions, Mayor Smith said the Notice of Public Hearing had been duly published and all requirements met for this public hearing and invited the public to address the Council. BILL HART of 207 Bridge Street spoke on his concerns about the project and presented to the Council a survey of citizens against the closing of the entrance to Bridge Street at Traffic Way. ' On motion of Council Member Gallagher, seconded by Council Member JOhnSon~ and unamiously carried, to accept Bridge Street survey into the record. JOHN WYNN of Grace Bible Church, 227 Bridge Street, spoke against the closing of Bridge Street and said that the land where the church is located is zoned Highway-Commercial. JIM MCGILLIS of San Luis Engineering said he opposes any changes in the width of Traffic Way or Bridge Street and that the intersections should be kept as wide as possible. BOB ANSARI of 2770 Brisa Blanda Drive said he doesn't see any traffic problem on Bridge Street and opposes changing it to one-way. MARJORIE DEAN of 111 Orchid Lane said she feels that storm drains should have a priority over other projects. BOB CHRISTIANSON of Christianson's Chevrolet said the City is taking away too many parking spaces, and offered some suggestions for smoother traffic flow. DANNY PACE of 1037 Lopez Drive asked the City not to do any more "red curbing" and leave his continuous driveways on his street frontages at Traffic Way and Fairoaks Avenue. MARIE CATTOIR said the project is too large, and that all that is needed are two driving lanes, turning lanes, six foot sidewalks, and improved drainage. PHIL JOHNSON OF 102 E. Branch Street said the City should not deter the business section of this part of the community. DONALD CHRISTIANSON OF 319 Traffic Way said he did not see any great need for big changes in the Traffic Way area. Mayor Smith called for others to speak, and when no one came forward, she declared the hearing closed. --. __u..,__. - -'~ . CITY COUNCIL OCTOBER 22, 1985 ARROYO GRANDE, CALIFDRNIA PAGE FOUR TRAFFIC WAY AREA STREETSCAPE IMPROVEMENTS-PUBLIC HEARING Continued On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to take this matter to a study session for further discussion. The study session, which will be open to the public, will be held at 1:00 P.M. Wednesday, Nov. 13, 1985, in the Council Chambers. USE PERMIT TO CONSTRUCT SENOR PEDRO RESTAURANT ON WEST BRANCH STREET IN OAK PARK ACRES PLANNED DEVELOPMENT DISTRICT-PUBLIC HEARING Mr. Eisner said this is a resubmission of a restaurant project previously approved by both the planning commission and the City Council. The time limit on the Use Permit has expired. He said the project has been reviewed by the Planning Commission, and since there are no changes, all previous conditions were found by the Planning Commission to be satisfactory. He said it comes to the Council because it is in Planned Development Zoning. He said the City Manager's request is that the Council review the parking plan for the project. Mr. Eisner referred to the Special Conditions to which the developers are subject. After Council questions about signalization, hydromu1ching, 9rading and parking, Mayor Smith said the Notice of Public Hearing had been duly publ ished and all requirements met for this pub 1 ic hearing and invited the public to address the Council. GREG FILER of 1597 Chilton Avenue, developer of the project, was present to answer any questions from the Public or Council. He was asked about ingress and egress visibility at the restaurant and he said it was good. Mayor Smith called for others to speak, and when no one came forward, she declared the hearing closed. After Council discussion, Mr. Eisner read the title of the Resolution approving the Use Permit. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the proposed Resolution. RESOLUTION NO. 1901 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING USE PERMIT, CASE NUMBER 85-397, APPLIED FOR BY FILER CONSTRUCTION COMPANY FOR A RESTAURANT ON WEST BRANCH STREET IN THE "P-D" DISTRICT, SUBJECT TO CERTAIN CONDITIONS. On motion of 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: Council Member Moots the foregoing Resolution was passed and adopted on the 22nd day of October, 1985. THE CITY COUNCIL RECESSED AT 9:20 P.M., reconvening at 9:30 P.M. APPEAL OF PLANNING COMMISSION'S DECISION TO REQUIRE "NEW ALIGNMENT IMPROVED WITH CURB, GUTTER AND SIDEWALKS...." FOR PROPOSED RETAIL SHOPPING CENTER AT HALCYON ROAD AND GRAND AVENUE-PUBLIC HEARING Mr. Eisner explained that this was an appeal of Planning Commission requirements that corner of Halcyon Road and Grand Avenue be realigned with new curb, gutter and sidewalks. He said that in 1976 the Council had discussed realigning this corner, but had taken no action. He said that the Council could 1. enforce the adopted plan line which appears to be still in effect, and continue to enforce it on all new structures or major remodelings along North Halcyon Road, 2. complete the suspended 1976 action and repeal the adopted plan line as recommended in the attached documentation, and 3. continue this matter and refer the question of the adopted plan line back to staff or the Parking and Traffic Commission for review and recommendation prior to any final action on this appeal. -~ . CITY COUNCIL OCTOBER 22, 1985 ARROYO GRANDE, CALIFORNIA PAGE FIVE AFTER Council questions of staff, Mayor Smith said the Notice of Public Hearing had been duly published, and all legal requirements met and declared the continued public hearing open. LEON LEVINE of 19562 Ventura Blvd., Tarzana, developer for the project said the plan line did not exist in any City records, and his engineer found it. He said he would be willing to dedicate the land, that he sees the corner as dangerous, but does not feel his client should pay for the work. Mayor Smith called for others to speak, and when no one came forward, she declared the hearing closed. Council Members discussed the realignment of the corner and adjacent Halcyon Road properties. Mr. Levine's engineer was commended for his thoroughness. Mayor Smith sa i d she was interested in cons i s tancy I and asked the City Manager to take a further look at the situation and report back to the Council on the City's role in the project. On motion of Council Member Johnson, seconded by Council Member Ga 11 agher, and unanimous ly carri ed, to sustain the decision to realign the northeast corner of Halcyon Road and Grand Avenue and deny the appeal filed by Associated Design Consultants. PROPOSED CODE AMENDMENT FOR BUILDING HEIGHT LIMITATIONS-PUBLIC HEARING Mr. Eisner said that the proposed ordinance was not quite ready for the Council. He said that the definition of height requires some clarification. He said the Planning Commission is working on clarifying the definition of height of structures to establish some consistency throughout the Zoning Ordinance. Mayor Smith said the Notice of Public Hearing had been duly published and all requirements met for this public hearing, and invited the publ ic to address the Counci 1. When no one came forward, she decl ared the hearing closed. On motion of Counci 1 Member Gallagher, seconded by Counci 1 Member Johnson, and unanimously carried, to continue the Public Hearing to November 12, 1985. LE POINT STREET SIDEWALK ASSESSMENT DISTRICT PROTEST HEARING-PUBLIC HEARING Mr. Karp said that the Notice to Construct has been posted and mailed to the parties listed on the last equalized tax roll for the property included in the proposed assessment district on LePoint Street. He said five properties are involved. He referred to one hardship case and said it would seem appropriate and that the Council proceed with the assessment district by an override of protest and grant a time payment plan to the property owner wi th the hardship. Mayor Smith said the Notice of Public Hearing had been duly published and all requirements met for this public hearing, and invited the public to address the Council. FLOSSIE HOWELL of 308 LePoint Street said she could not afford the assessment, that there was no foot traffic anyway, and that the sidewalks were not necessary at this time. VICTOR GENEREAUX OF 918 Tulare Street, Pismo Beach, owner of property at 128 Mason Street, said he has never seen much foot traffic on LePoint, and that some street repairs should be made first. Mayor Smith called for others to speak, and when no one came forward, she declared the hearing closed. After Council discussion, on motion of Council Member Gallagher, seconded by Council Member Porter, and approved by a four-fif~hs vote with Counci~ Me~ber Moots absent, to override the protests and proceed wlth the assessment dlStrlCt. ~ ", CITY COUNCIL OCTOBER 22, 1985 ARROYO GRANDE, CALIFORNIA PAGE SIX SENOR PEDRO AND E-Z-8 MOTEL HILL PLANTING DISCUSSION Council Members di scussed 1 andscapi ng treatment for the hi 11 side behi nd the Arroyo Grande K-Mart. Mr. Mack said that the property owners would go ahead and spray the hillside with seed recommended by the Department of Agriculture Soil Conservation Service this Fall. Mayor Smith suggested that the Acorn Project, a group which is replanting the Oak trees in burned out areas, could be of help on this project. ORDINANCE TO EFFECT ZONE CHANGE ON GRIEB FAMILY TRUST PROPERTY, OFF HALCYON ROAD AND EAST OF DODSON WAY TO P-C AND/OR R-3 Mayor Smith said that the final reading of the Ordinance was scheduled for this meeting. Mr. Mack said that three "aye" votes would be needed for passing the Ordinance. Ci ty Attorney Art Shaw said that if an Ordinance receives a favorable vote at its first reading, and then receives a tie vote at the final reading, the item would be continued until a full Council is present. Mayor Smith said that the Council would receive more public testimony on the Ordinance. PATRICK KLEIN of 625 Cerro Vista Circle said he was against the rezoning and residents would rather have single-family home traffic on South Alpine. He said the open space would be a gathering place for teens, and there would be a negative impact on the schools in the area if the re-zoning went ahead. KE ITH GURNEE of San Luis Obispo, attorney who represents the Grieb family, asked the Council to confirm its previous actions taken on the project. He said single-family homes would cause more traffic on South Alpine. He said it would be a well-designed project. GRACE PARSON of 653 Cerro Vista Circle asked the Council how the 100- foot strip of open space would be made to look attractive, and said she hoped the residents would not have to look at the back of apartments. EILEEN GRIEB of 303 S. Halcyon Road, suggested that citizens unhappy with the proposed project should buy the property. MILDRED PRINCE of 571 Bakeman Lane said that people move to Arroyo Grande from Los Angeles and want to tell the farmers what to do with their land. Mr. Eisner read the title of the proposed Ordinance approving the zone change. On motion of Counc i 1 Member Johnson, seconded by Council Member Porter, and unanimously carried, to dispense with further reading of the proposed Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ARROYO GRANDE APPROVING A ZONE CHANGE FROM "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT TO "R-3" MULTIPLE FAMILY RESIDENTIAL DISTRICT AND CHANGING A PORTION FROM "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT TO "0" OPEN SPACE DISTRICT, APPLIED FOR BY THE GRIEB FAMILY TRUST ON PROPERTY ON SOUTH HALCYON ROAD AS DEFINED ON THE ATTACHEO MAP, LABELED "EXHIBIT A." On motion of Council Member Johnson, seconded by Council Member Porter, and on the following roll call vote, to wit: AYES: Council Members Johnson and Porter NOES: Council Member Gallagher and Mayor Smith ABSENT: Council Member Moots the foregoing Ordinance received a tie vote, and, according to City Attorney Shaw, the action was continued until a full Council is in attendance. - -, CITY COUNC I L OCTOBER 22, 1985 ARROYO GRANDE, CALIFORNIA PAGE SEVEN RESOLUTION URGING LEGISLATURE TO HOLD PUBLIC HEARINGS IN SAN LUIS OBISPO COUNTY REGARDING THE STORAGE OF RADIOACTIVE WASTE AT DIABLO CANYON NUCLEAR POWER PLANT Council Member Gallagher introduced the proposed resolution and said the public never understood that other than temporary waste would be stored there... that Diablo Canyon would become a repository. He said the public hearing is necessary to discuss long-term storage of waste because of the possible health impact to citizens living here. JAY CONNER of PG&E introduced John Sumner of Los Osos, a nuclear engineer at PG&E, who said the plant has been licensed to store waste, but a time extension is being asked for. He said the subject has been well-treated. He said there have been many studies showing there would be no impact on the health of surrounding residents from the stored waste. Mr. Shaw read the title of the proposed Resolution urging public hearings on storage of radioactive waste. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the proposed Resolution. RESOLUTION NO. RESOLUTION OF THE CITY OF ARROYO GRANDE URGING THE STATE LEGISLATURE TO HOLD PUBLIC HEARINGS IN SAN LUIS OBISPO COUNTY REGARDING THE STORAGE OF RADIOACTIVE WASTE AT DIABLO CANYON NUCLEAR POWER PLANT On motion of Council Member Gallagher, seconded by Mayor Smith, and on the following roll call vote, to wit: AYES: Council Member Gallagher and Mayor Smith NOES: Council Members Johnson and Porter ABSENT: Council Member Moots the foregoing Resolution failed because of a tie vote. FINAL READING OF ORDINANCE TO CORRECT VARIOUS MUNICIPAL CODE ERRORS Mr. Karp 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. 335 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CORRECTING TECHNI- CAL ERRORS CONTAINED IN ORDINANCES 303 C.S., 309 D.S., AND 314 C.S. AND AMENDING THE MUNICIPAL CODE On motion of 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: Council Member Moots the foregoing Ordinance was passed and adopted on the 22nd day of October, 1985. - .-- -------- - -'. CITY COUNCIL OCTOBER 22, 1985 ARROYO GRANDE, CALIFORNIA PAGE EIGHT RANCHO GRANDE GAS LINE RELOCATION FINDING Mr. Karp described a dispute between the Rancho Grande developer (OTTSE) and Southern California Gas Company over location of a gas line on the property. He recommended that the City Council make appropriate findings as outlined in the Map Act to create a forum for discussions with the City, Rancho Grande developer (OTTSE), and Southern California Gas Company, re9ardin9 dispute over a major gas line relocation within Tract 1132. He read a recom- mendation f~r a finding,outlinedin the Map Act from his memo of 10/16/85. On motlon of Councl1 Member Gallagher, seconded by Council Member Johnson, and unanimously carried to approve the recommendation. 134 NELSON STREET ILLEGAL USES BUILDING REPORT Mr. Shaw read a proposed Resolution of Intention to abate a public nuisance at 134 Nelson Street. On motion of Council Member Johnson, seconded by Council Member Gallagher, and unanimously carried, to dispense with further reading of the proposed Resolution. . RESOLUTION NO. 1893 A RESOLUTION OF INTENTION TO ABATE A PUBLIC NUISANCE AT 134 NELSON STREET, UNDER THE PROVISIONS OF ORDINANCE NO. 309 C.S. On motion of Council Member Johnson, seconded by Council Member Gallagher, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Porter and Mayor Smith NOES: None ABSENT: Council Member Moots the foregoing Resolution was passed and adopted on the 22nd day of October, 1985. The Council directed the Staff to take action on the Abatement Hearing as soon as possible. TRACT MAP 1223 ACCEPTANCE Mr. Karp said the referenced subdivision creates 8 lots and is located at the easterly end of Magnolia Drive just northerly of The Pike and westerly of Halcyon Road. He said the area is zoned Rl and classed low density residential. He made fi ve recommendat ions in connection with the final map approval. On motion of Counc il Member Porter, seconded by Counc i 1 Member Ga 11 agher, and unanimously carried, to give final approval to Tract 1223, Magnolia Drive (McHaney & Townsend), with the staff recommendations.outl ined in Mr. Karp's memo of October 17, 1985. PARCEL MAP AG 84-226 ACCEPTANCE Mr. Karp said that this is a Lot Split Case Number 84-402 of the Parcel Map and is on the South Side of Grand Avenue between Bell and Barnett Streets. He said the parcel map will accommodate construction of Crocker's Locker's to be located on Parcel C. He recommended that the City Council find that the Parcel Map AG 84-226 is consistent with the conditionally approved tentative map found by the Planning Commission to be consistent with the General Plan and City Zoning; and approve the Parcel Map, On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to approve Mr. Karp's recommendation. CITY HALL TELEPHONE SYSTEM REPORT Mr. Mack gave a report on the City Hall telephone system failures, referring to a report prepared by Finance Director Dave Bacon explaining what is being done to repair the system. - ---- CITY COUNCIL OCTOBER 22, 1985 ARROYO GRANDE, CALIFORNIA PAGE NINE RESOLUTION PROHIBITING PARKING AT 214 E. BRANCH STREET Mr. Mack explained that these parking spaces were being eliminated at the request of Cal Trans in preparation for a signal light at Mason and Branch streets. He read the title of the proposed Resolution, and on motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to dispense with further reading of the proposed Resolution. RESOLUTION NO. 1894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO PARKING" ZONE ON A PORTION OF EAST BRANCH STREET (214 EAST BRANCH STREET) (MUNICIPAL CODE 4-3.05). On motion of 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: Council Member Moots the foregoing Resolution was passed and adopted on the 22nd day of October, 1985. APPOINTMENT OF OFFSHORE OIL DEVELOPMENT COMMITTEE REPRESENTATIVE Council Member Gallagher was appointed as a representative and Mayor z 0 -i Smith as his alternate to the Tri-Counties Socio-Economic Monitoring and rn Mitigation program - Program Advisory Committee. .. 0 c 540 EACH BRANCH STREET INOPERABLE VEHICLES REPORT rl- , 0 ..... Mr. Eisner read the following proposed Resolution: , 0 ... a. RESOLUTION NO. 1902 ro ... A RESOLUTION OF INTENTION TO ABATE A PUBLIC '" ro V> NUISANCE AT 540 E. BRANCH STREET, UNDER THE 0 ~ PROVISIONS OF ORDINANCE NO. 309 C.S. c rl- ~. WHEREAS, certain provisions of the City's Comprehensive Zoning Ordinance 0 ::I have been violated at 540 E. Branch Street, in that partially dismantled z vehicles are presently stored in the required front yard setback; and 0 -' WHEREAS, written notice of these violations has been given on June 20, '" 0 -' 1985, and on September 17, 1985; and 0 ::I WHEREAS, no visible action has been taken to miti9ate the above " '" referenced violations. to ro -n NOW, THEREFORE, BE IT RESOLVED that it is the intent of the City Council 0 c of the City of Arroyo Grande to hold a public hearing to gather evidence -s substantiating that a public nuisance does exist and thereby giving public notice that if the nuisance is not abated, that the Municipal authorities will, by rehabilitation, repair, demol ition, removal or other appropri ate actions, mitigate the nuisance at the expense of the property owner, which will beco~a lien against the premises. On motion by Council Member Gallagher, seconded by Counc i 1 . Member Johnson, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Porter and Mayor Smith NOES: None ABSENT: Council Member Moots the foregoing Resolution was passed and adopted the 22nd day of October, 1985. - ~-----_. --., CITY COUNC I L OCTOBER 22, 1985 ARROYO GRANDE, CALIFORNIA PAGE TEN PACIFIC COAST RAILROAD PLACE SIDEWALK REPORT Mr. Karp asked for a continuance on this matter and the Council agreed to hi s re~uest. I-e indicated that r.t'. Saloon, one af the P~t 0tIlerS CJ"I the street, wanted additiCJ"la1 tinE to cCJ"lsider the City's affer with regard to the s ree irrproverent. COUNCIL CHAMBERS BUILDING REMODELING PROPOSAL On motion of Council Member Gallagher, seconded by Council Member Porter, and unanimously carried, to appoint Council Member Johnson to be in charge of the renovation of the Council Chambers, to work with the staff on its design, and report back to the Council with cost estimates. PETOSEED/LEANNA DRIVE DEVELOPMENT REPORT Mr. Mack said that the County has approved development plans and issued a building permit for the Petoseed agricultural research facility at the end of Leanna Drive. Petoseed reques~ City water and sanitary sewer. He said that Petoseed wishes to eliminate the need for a septic tank and leach field by tapping into City sewer, and that Petoseed will use a well upon their property for irrigation and research purposes, and that Ci ty water is desired for domestic purposes only and is to serve the 8,400 square foot building only. He said that it is unknown what the developer I s intentions and plans are for safety improvements at the end of Leanna Drive, exterior lighting, signage, landscaping at the end of Leanna Drive, and drainage of site, particularly as property adjoins Leanna Drive. After Council discussion, on motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to approve the project in principle and give Petoseed authorization to proceed subject to a final approval of a written agreement with all findings included. ADJOURNMENT AND MEETING CONTINUED The meeting was adjourned at 12:13 P.M. on motion of Council Member Gallagher, seconded by Council Member Johnson, and was continued to 1:00 P.M. Tuesday, October 29, 1985, in the Council Chambers. ~'aw.u~ MAY R ATTEST: ~ tf. ~ CITY CLERK