Minutes 1985-06-25
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C!TY COUNC I L JUNE 25, 1985
ARROYO GRANDE, CALIFORNIA 7:30 P.M.
The City Council met in Regular Session with Mayor B'Ann Smith presiding.
Upon roll call Council Members Matt Gallagher, Dorace Johnson, Gene Moots and
D.G. Porter were present.
PLEDGE OF ALLEGIANCE
City Manager Bob Mack led the Pledge of Allegiance to our flag. The Rev.
Michael O'Sullivan of St. Patrick's Catholic Church delivered the invocation.
APPROVAL OF MINUTES
On motion of Council Member Gallagher, seconded by Council Member Moots, I
and unanimously carried, the Minutes of Meetings of June 11 and 12, 1985. were
approved as corrected.
APPROVAL OF CHECKS
On motion of Council Member Gallagher, seconded by Council Member Johnson,
and unamimously carried, Demand Checks No. 25584 through 25719, in the total
amount of $223.226.59; and Payroll Checks No. )0838 through 30935, in the total
amount of $75.903.61, were approved for payment as submitted by Finance Director
David Bacon.
ORAL COMMUNICATIONS
MARIE CATTOrR, 195 Orchid Lane, commented on the Arroyo Grande Chamber of
Commerce Economic Profile. saying that it is an invitation for development and
maximum growth. She said she believed the City should void its $10,500.00
appropriation for 1985-86 to the Chamber.
BEVERLY H~INES. 1012 Grand Avenue, criticized the Chamber's Economic
Report. She asked who would derive benefit from the document and questioned
Sewer Charges mentioned inthe report. She said water Is the big problem here.
CONSENT AGENDA
Council Member Johnson withdrew Items 12,and 13 from the Consent Agenda
for discussion; Council Member Moots withdrew Items 14 and 15, and Council
member Porter withdrew Items 7 and 19. Items 8,9,10, 11. 16, 17 and 18 of
the Concent Agenda were approved as recommended on motion of Council Member
Gallagher, seconded by Council Member Johnson, and unanimously carried.
8. Requests to Hold July 4, 1985 Block Parties: [Recommend Approvals, Subject to Proper Safety
ConditionsJ.
Victoria Way, from Garfield to Rogers Court.
Garden Street, between Ide and Myrtle.
Leanna Avenue, between 520 and 526 Leanna. [No Written Request).
9. Planning Commission Answered Agenda and/or Minutes for June 18, 1985 [Recommend Review and
FileJ.
10. Runabout's Monthly Report for May, 1985 [Recommend Review and FileJ.
11. SCAT Performance Report for May, 1985 [Recommend Review and File).
16. South County Human Relations Commission Funds Transfer and Account Closure [Recommend
Review and File].
17. Weed Abatement Bid Award [Recommend Award to Sole BidderJ.
16. League of California Cities':
Legislative Bulletin No. 21-1985 [Recommend Review and FileJ.
Legislative Bulletin No. 22-1985 (Recommend Review and File).
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CITY COUNCil JUNE 25, 1985
ARROYO GRANDE, CALIFORNIA PAGE TWO
7. Chamber Community Economic Profile for City of Arroyo Grande.
Council Member Porter criticized the Economic Profile as not being accurate
and asked that it be re-written to describe Just what Is In the City of Arroyo '
Grande. He said it is not the Job of the Chamber of Commerce to promote big
development.
Council Member Gallagher said the Economic Profile appeared to be done
in haste and with very little preparation.
Council Member Johnson asked what the purpose of the Profile was and who
is to receive it. City Manager Mack replied that it was written as a
requirement of the City/Chamber agreement of 1984-1985, and the intent of the
Profile is that it wi 11 be made available to the public. Council Member Johnson
said it should be accurate.
Mayor Smith asked that the City of Arroyo Grande not be included as one
of the preparers of the Profile.
On motion of Council Member Porter, seconded by Council Member Gallagher,
and Council Members Gallagher, Johnson, Porter and Mayor Smith voting aye and
Council Member Moots abstaining, not to approve the recommendation for acceptance.
Mayor Smith suggested the Counci I meet with the Chamber Director and President
to correct .the Profi Ie.
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12. Chamber of Commerce Funding Agreement
Item F.was. amended to read "Provide current economic data to anyone
considering opening new businesses in our City." Council Members asked that
Item G be rewritten to separate "Arroyo Grande" from "vicinity" and specify
which is which.
On motion of Council Member Johnson, seconded by Council Member Gallagher,
and Council Members Gallagher, Johnson, Porter and Mayor Smith voting aye
and Council Member Moots abstaining, to approve the recommendation for acceptance
as corrected.
13. Chamber of Commerce lease Agreement.
On motion of Council Member Johnson, seconded by Council Member Gallagher,
and Council Members Gallagher, Johnson, Porter and Mayor Smith voting aye and
Council Members Moots abstaining, to approve the agreement as recommended.
14. Finance Director's Investment Deposits' Report
On motion of Council Member Moots, seconded by Council Member Johnson,
and unanimously carried,to approve the recommendatioa.
15. Sales Tax Revenue Report
Council Members asked Finance Director Bacon to clarify the Report and
bring it back to the next council meeting.
19. letter from City of Palm Desert Requesting Support to Senate Bill 75.
(Foran) for Relief from Unconscionable Liability Judgments
On motion of Council Member Porter, seconded by Council Member Johnson,
and unanimously carried, to approve the recommendation.
PUBLI C /lEAR I NG: VACAT I ON ANO ABANDONMENT OF DES I GNATEO PORT I ON OF HARDEN ST~EEi
On motion of Council Member Gallagher, seconded by Council Member Johnson,
and unanimously carried, to continue this item to the July 9, 1985, meeting.
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CITY COUNCIL JUNE 25, 1985
ARROYO GRANDE, CALIFORNIA PAGE THREE
PUBLIC HEARING: PROPOSED AMENDMENTDF:ZDNINGORDINANCE, COMMERCIAL SECTIONS
Planning Director Eisner said that the Planning Commission recommends
the renaming of the Neighborhood Commercial Zone from C-N to C-l with minor
additional modifications; the inclusion of a C-2 General Commercial Zone
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which is now not. a part of the Zoning Ordinance; and the renaming of the
existing H-S Highway Service Zone to C-3, with minor modifications. The
existing C-B-D zone will remain the same by title and development standards.
He said it was his and City Manager Mack's recommendation that the proposed
Ordinance be reviewed by the Council, any comments or changes that the Council
has be submitted to Staff for inclusion and modification, and that the Ordinance
be held until such time as a proposed General Plan Amendment and the following
Zoning Map modification can be brought before the Council so they can be
adopted all at the same time. That way the General Plan the Zoning map and
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the Or Jnance standards and procedures would be consistant with one another,
he said.
Mayor Smith said the Notice of Public Hearing had been duly published
and all legal requirements met and declared the hearing open. :
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MARIE CATTOIR, 195 Orchid Lane, said she was concerned that the Amended
Zoning Ordinance be written in such a way that a lot of record would be permitted
to develop.
Mr. Eisner said any lot of record at the time of the adoption of the
Ordinance would be permitted to develop.
Mayor Smith called for others to speak; when no one came forward, the
public hearing was closed.
City Attorney Art Shaw recommended to the Council that the first reading
of the proposed Ordinance not be held at this meeting. He said that it is
better to hold first and second readings in some sort of logical sequence.
Counci J discussion of the proposed Zoning Ordinance changes was continued
to July 17, 1985, at 1 P.M. in the City Council Chambers.
REQUEST FOR RECONSIDERATION OF SATELLITE DISH ANTENNAS INSTALLATION ORDINANCE
BILL CHRISTIAN, 1115 Grand Avenue, asked the Council to amend the Ordinance,
which had its second reading at the meeting of June 11, 1985. Mr. Christian
referred to his letter to the Council of June 20, 1985. lie said the Ordinance
would be in direct conflict with the National communications policy and the First
Amendment; that the Ordinance goes beyond val id and consistent restrictions in
regards to aesthetics; limits his ability to compete with other transmission media,
and requ i res the c it i zens of Arroyo Grande to go through variance procedures
for almost every system to be installed in the city.
City Attorney Shaw said the Zoning Ordinance Variance Procedure would
take care of a large percentage of Mr. Christian's customers. He suggested that
Mr. Christian's attorney contact him if he has any further questions.
TALLY HO CURB AIID BLACK TOP AREA FACING 175 TALLY HO, APPROXIMATELY 100 FEET
. Counci I Member Gallagher said that the property at 175 Tally Ho Road is a
developed piece of property, and recommended that the City curb an area of
approximately 100 feet, that the poles be re~ved, and th~t the ~treet affected
be blacktopped. Council Member Gallagher said that the City Engineer had
estimated that the project would cost about $14,000.
A motion by Council Member Gallagher to install curbing and blacktop at
175 Tally Ho Road, seconded by Council Member Porter, failed.
On motion by Council Member Gallagher, seconded by Council Member Johnson,
and unanimously carried, to contact and bargain with the property owner at
175 Tally Ho Road; make an investigation of the required right of way, and bring
the matter back to the Council at a later time.
EAST BRANCH STREET, CURB AND SIDEWALK INSTALLATION
Council Members decided to hold this item until the meeting of July 9,
1985, when Council Member Gallagher will show slides of the area.
COUNCIL RECESSED FROM 9:00 P.M. to 9:08 P.M.
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C!TY COUNC I L JUNE 25, 1985
ARROYO GRANDE, CALIFORNIA PAGE FOUR
TRAFFIC WAY WATER MAINS ACCEPTANCE
On ~ot i on of Co~nc i I Member Moots, seconded by Counc i I Member Johnson,
and unanimously carried, to accept the project and file a Notice of Complet'
as recommended. by Public Wo~ks Director Paul Karp. Staff was authorized to Ion
release retention and a remittance for certain unbilled extra work 35 d
after recordation of the Notice of Completion. ays
TRACT 553, UNIT II I, PUBLIC IMPROVEMENTS ACCEPTANCE
On motion of Council Member Gallagher, seconded by Council Member Moots
and unanimously carried, to accept the Public Improvements as recommended by ,
Publ ic \~orks Director Karp. .
FAIR OAKS RIGHT OF WAY ACQUISITION AGREEMENTS
Counci I discussed the alley adjacent to the property concerned; the use
of the sidewalks which will be Installed, and the fact that the budget will
have to be amended to include approximately $10,000.00 construction and right
of way costs. .
On motion of Council Member Gallagher, seconded by Council Member Moots
and unanimously carried, to accept the agreements and Grant Deeds as recommen~ed \
by Public Works Director Karp. \
TRACT 1297, 182 BRISCO. ROAD; .COASTAL.CANYON.DEVELOPMENT
This item was removed from the agenda.
RESOLUTION AUTHORIZING PURCHASE OF TWO POLICE VEHICLES FROM THE STATE
Mr. Mack read the title of the resolution. On motion of Council Member
Gallagher, seconded by Council Member Moots, and unanimously carried, to dis-
pense with further reading of the Resolution.
RESOLUTION NO. 1859
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AUTHORIZING THE DEPARTMENT
OF GENERAL SERVICES OF THE STATE OF CALIFORNIA
TO PURCHASE TWO AUTOMOBILES FOR THE POLICE
DEPARTMENT OF THE CITY OF ARROYO GRANDE.
On motion of Council Member Gallagher, seconded by Council Member Moots,
and on the following roll call vote, to wit:
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 25th day of June, 1985.
RESOLUTION AUTHORIZING ACQUISITION OF FEDERAL SURPLUS PROPERTY
Mr. Karp read the title of the resolution. On ~otion of Co~ncll Mem?er
Gallagher seconded by Council Member Moots, and unanimously carried, to dis-
pense with further reading of the Resolution.
RESDLUTI ON NO. 1860
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING CITY REPRESENTATIVES
TO ACQUIRE FEDERAL SURPLUS PROPERTY FROM THE
STATE OF CALIFORNIA
On motion of Council Member Gallagher, seconded by Council Member Moots,
and on the following roll call vote, to wit;
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 25th day of June, 1985.
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CITY COUNCIL JUNE 25, 1985
ARROYO GRANDE, CALIFORNIA PAGE FIVE
SECOUQ READING OF ORDINANCE TO ESTABLISH COMMUNITY TREE PROGRAM
Coun~~ Members changed Section 10-3.07 (d) ,the last sentence in the
paragraph,to read, "Each conditioned tree, other than Landmark trees, killed
or removed, intentionallY or accidently, as a result of development activity
shall result in a misdemeanor and 0 ~eparate administrative penalty of five
thousand ($5,000)."
Mr. Mack read the title of the Ordinance. On motion of Council Member
Gallagher, seconded by Council Member Moots, to dispense with further reading
of the Ordinance.
ORDINANCE NO. 33~C..S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE ESTAB-
LISHING A COMPREHENSIVE COMMUNITY TREE PROGRAM AND
REPEALING SECTIONS 10-3.01 THROUGH 10-3.08 OF 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, Moots. Porter and Mayor Sm~th
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted on the 25th day of June, 198).
SECOND READING OF OROINANCE INCREASING COUNCIL SALARIES
Mr. Karp read the title of the Ordinance. On motion of Council Member
Gallagher, seconded by Counci I Member Moots, and unanimously carried, to dis!l",mse
with further reading of the Ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF T~E CITY OF
ARROYO GRANDE ESTABLISHING COMPENSATIOH FOR
COUNCIL MEMBERS IN ACCORDANCE WITH STATE lAW
.
On motion of Council Member Gallagher, seconded by Council MeWber John~,
and on the following roll call vote, to wit:
AYES: Council Members Gallagher and Johnson
NOES: Council Member Moots and Mayor Smith
ABSTAIN: Council Member Porter
ABSENT: None
the foregoing Ordinance failed approval and was declared invalid on the 25th
day of June, 1985.
RESOLUTION TERMINATING CITY PARTICIPATION IN HUMAN RELATIONS COMMISSION JPA
Mr. Mack read the title of the Resolution. On motion of Council Membc.
Moots, seconded by Counci I Member Gal {agher, to dispense wi th further reading
of the Resolution.
RESOLUTION NO. 1861
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE TERMINATING CITY PARTICIPATION IN
JOINT POWERS AGREEMENT FOR THE SOUTH COUNTY HUMAN
RELATIONS COMMISSION
On motion of Council Member Gallagher, seconded by Council Member Hoots,
and unanimously carried, and on the following roll call vote, to wi t:
AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted on the 25th day of June, 1985.
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CITY COUNCIL JUNE 25, 1985
ARROYO GRANDE, CALIFORNIA PAGE SIX
WRITTEN COMMUNICATIONS
On motion, of Counci 1 Member Gallagher, seconded :"y Counci 1 Member Johnsor:'l,
and unanimously carried, to accept the resignatior. of Sharon L. Fischer from
the City Planning Commission effective August 15, 1985.
Council Members accepted an Opinion Poll containing 897 signatures which
stated, "We, the undersigned, wish the City Hall to remain in the Village.1I
Mayor Smith asked the City Manager to contact the County of San Luis Obispo
with reg~rd to the Regional Center site for the proposed city hall. She also
asked the City Manager to prepare a report to be released publicly outlining
the pros and cons of the Regional Center and Village sites. so that citizens
will be informed before the July 9, 1985, Council meeting when the subject will
be discussed.
ORAL COMMUNICATIONS
Telegram-Tribune Reporter Carol Roberts questioned the Council about the
Council Salary Ordinance.
ADJOURNMENT TO CLOSED SESSION AT 9:35 P.M.
RECONVENEMENT AT 9:52 P.M.
Council Members questioned Mr. Karp about the cut on property at 296
Mi Iler \Jay. Hr. Karp said he would take a measurement of the fill dirt and
foHow closely the work being done there. He said the work substantially
conforms with the minimums required to complete construction of the dwelling
with associated driveway, utility connections, and drainage control.
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ADJOURNMENT AT 9:55 P.M. (
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