Minutes 1985-05-28
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C \TY COUIIC Il MAY 28, 1985
ARROYO GRANDE, CALIFORNIA 7:00 P.M.
The City Council met in Regular Session with Mayor B'Ann Smith presiding. Upon
roll call Council Members Matt Gallagher, Oorace Johnson, Gene Moots were present and
D. G. Porter was absent.
PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Moots led the Pledge of Allegiance to our Flag. Reverend Kenneth
Beene, landmark Baptist Church, delivered the Invocation.
APPROVAL OF MINUTES
On motion of Council Member Gallagher, seconded by Council Member Moots, and
unanimously carried, the Minutes for the Meetings of May 14, 15 and 20, 1985, were
approved as corrected.
APPROVAL OF CHECKS
On motion of Councilman Gallagher, seconded by Councilwoman Johnson, and unani-
mously carried, Oemand Checks No. 25367 through 25498, in the total amount of
$221,820.39; and Payroll Checks No. 30630 through 30726, in the total amount of
$95,157.00, were approved for payment as submitted by Finance Director David Bacon.
SPECIAL PRESENTATION TO CITY COUNCil BY SAN LUIS OBISPO COUNTY SPECIAL OLYMPICS
Victoria L. Tolley-Sacksteder, Area Oirector, and Dick Blankenburg, President,
honored the City Council, the City Hall staff, and the citizens of Arroyo Grande
for their contributions to Special Olympics, and a plaque was received by Mayor
Smi tho
CONSENT AGENDA
Council M~mber Porter withdrew Items 8, 11 and 13; Council Member Moots withdrew
Item 17, and Council Member Gallagher withdrew Item 18 from the Consent Agenda for
discussion. On motion of Council Member Gallagher, seconded by Council Member Moots,
and unanimously carried, to approve Consent Agenda Items 9, 10, 12, 14, 16 and 18-A
as recommended.
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8. Planning Commission Answered Agenda of May 21. 1985 [Recommend Review and Filel.
9. Parks and Recreation Commission Notes of Joint Meeting with City Council of May 15, 1985
[Recommend Review and File].
REPORTS AND INFORMATIONAL MATTERS:
10. Commendation to Police Department [Recommend Review and File].
11. Oak Park Street Development and Maintenance Agreement [Recommend Receive and Filel.
12. Acceptance of Mobile Standby Power Unit and Authorization for Payment [Recommend
Acceptance and Payment].
13. Agreement with San Luis Department of Animal Regulation for 1985/86 [Recommend
Execution of Agreement with Certain Conditionl.
1l~. San Luis Obispo County Air Pollution Control District Quarterly Report for 1, 2 & 3/1985
[Recommend Receive and FileJ.
15. Zone 3 Advisory Committee Notes of 3/21/85 Meeting [Recommend Receive and Filel.
16. League of California Cities' Legislative Bulletin Nos. 17 & 18-1985 [Recommend Receive
and Filel.
17. Oak Park Road/Highway 101 Intersection - Information Meeting Re. Project Map. by
Cal Trans, Wednesday, June i9, 1985.7:30 P.M., South County Regional Center
flnformational Only].
1 B. No Enforceable Public (Sidewalk) Assessments Against Cem"tery District [Informational
Only!.
1 r:-,"\ ^cceptance of Improvements for Tract 1168
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CITY COUNC I L MAY 28, 1985
ARROYO GRANOE, CALIFORNIA PAGE TWO
B. Planning Commission Answered Agenda of May 21, 1985.
Council Members agreed to formally appeal the granting by the Planning
Commission of a Use Permit to Relocate a Historical Building on Stanley Avenue.
The Council Members said they would like to restudy the issue, and questioned the
setting aside by the Planning Commission of regular Use Permit requirements.
Mayor Smith questioned Public Works Director Karp and Planning Director Elsner
about Architectural Review Case No. 85-327, Office Addition, 710 Grand Avenue,
and directed Mr. Eisner to contact Ronald Gould, owner, to clarify the immediacy
of a required "no parking" zone in front of his office.
II. Oak Park Street Development and Maintenance Agreement.
City Manager explained to Council Member Porter that the Oak Park Street
Development and Maintenance Agreement was on the Agenda for Council i nforma t i on
only.
13. Agreement with San Luis Department of Animal Regulation for 1985-B6.
Mr. Mack said that he had recommended a lower maximum expenditure in the
agreement with Animal Regulation so that the Council could have greater control
of further expenditures.
17. Oak Park/Highway 101 Intersection - Information Meeting.
Council Member Moots said that an informational meeting for the public on
the proposed ramp relocation on Route 101.near Oak Park Road will be at 7:30 P.M.
Wednesday, June 19, 1985, In the South County Regional Center, 800 West Branch
Street, Arroyo Grande.
18. No Enforceable Public (Sidewalk) Assessments Against Cemetery District.
Council Member Gallagher said he would like the City to send a request to the
Cemetery District that it share In the cost of construction of sidewalks along
Halcyon Road.
On motion of Council Member Gallagher, seconded by Council Member Johnson,
and unanimously carried,. to approve Consent Agenda Items 8, II, 13, 17 and 18.
PUBLIC HEARING: VACATION AND ABANDONMENT OF DESIGNATED PORTION OF HARDEN STREET
On motion by Council Member Gallagher, seconded by Council Member Johnson,
and unanimously carried, to approve the continuation of this item to the next
City Council meeting June II, 1985.
PUBLIC HEARING: REQUEST FOR APPROVAL OF A ZONE CHANGE FROM RA-B2 to RA-Bl-D, 225
TALLY HO ROAD.
Hr. Eisner explained that the applicant requested rezoning to allow a minimum lot
size of 10,000 square feet so that the property can be divided into three lots and
developed.
/-Iayor Smi th said the Notice of Publ ic Hearing had been duly publ ished Zlnd all
legal requirements met and declared the hearing open.
FELICITY DETLOFF of Tally Ho Road spoke against the Zone Change saying she
preferred to keep the rural nature of the area and that there would be traffic
and flooding problems if the re-zoning took place.
JEFFREY CARRITHERS, 2541 Santa Clara, San Luis Obispo, agent for the applicant,
spoke in fZlvor of the rezoning saying that there are surrounding lots the size of
those proposed, and the plans would conform to the neighborhood.
HAROLD LEE, 150 5. Halcyon ROZld, spoke in favor of the rezoning.
SANDY mCCHETT 1, 248 Ta 1\ y Ho Road, sa i d he had no obj ec t i on to the rezon i ng,
but didn't believe lots should be smaller than 10,000 square feet.
HAR I L '(/I CAFARCH I A, 241 JiJmes Way, spoke aga i ns t the rezon i n9 of the property.
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CITY COUNCIL MAY 23, 1985
ARROYO GRANDE, CALIFORNIA PAGE THREE
Mayor Smith called for others to speak; when no one came forward the public hearing
was closed. Mr. Eisner read the title of the ordinance. On motion of Council Member
Gallagher, seconded by Council Member Porter, and unanimously carried, to dispense
with further reading of the ordinance.
ORDINANCE NO. C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE RECOMMENDING
APPROVAL OF A ZONE CHANGE FROM "RA-B2" RESIDENTIAL
AGRICULTURAL DISTRICT TO "RA-Bl-D" RESIDENTIAL AGRICUL-
TURAL DISTRICT COMBINED WITH DESIGN DEVELOPMENT DISTRICT,
APPLIED FOR BY JEFFREY CARRITHERS, AGENT FOR PATRICIA
LAUTHBURY ON PROPERTY DEFINED AS 225 TALLY HO ROAD,
APN 7-022-01.
Mayor Smith said that constitute~ the first reading. of the Ordinance.
PUBLIC.HEARING: PROPOSED AMENOMENT TO MUNICIPAL CODE PERTINENT TO DEFINITION OF
MOTEL IN HIGHWAY SERVICE ZONE.
Mr. Eisner said that this was an ordinance draft heard by the Planning Com-
mission and forwarded to the Council for action. The purpose of the amendment
is to clarify the definition of Motel and in so doing eliminate the category of
Motel With Kitchen.
Mayor Smith said the Notice of Public Hearing had been duly published and
all legal requirements met and declared the hearing open.
When no one came forward to speak, Mayor Smith declared the hearing was
closed. Mr. Eisner read the title of the ordinance. On motion of Council
Member Gallagher, seconded by Council Member Moots, and unanimously carried, to
dispense with further reading of the ordinance.
ORDINANCE NO. C.S.
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AN ORDINANCE OF THE CITY OF ARROYO GRANDE RE-
VISING CERTAIN SECTIONS OF CHAPTER 4 OF THE
MUNICIPAL COOE REGULATING PERMITTED USES AND
DEFINING "MOTEL," SECTION 9-4.238.
.
Mayor Smith said that constituted the first reading of the ordinance.
PUBLIC HEARING: PROPOSED AMENDMENT TO MUNICIPAL CODE PERTINENT TO INSTALLATION OF
SATELLITE DISH ANTENNAS.
Mr. Eisner said this is a proposed ordinance amendment making changes to
Rl, R2, RG, R3 and RA zones which would modify language defining satellite dish
antennas and where they can be located. .
Mayor Smith said the Notice of Public Hearing had been duly published and
all legal requirements met and declared the hearing open.
Mr. Mack requested a two word addition to the Title of the Ordinance and to Section
2 of the Ordinance and Council agreed.
Mayor Smith called for others to speak; when no one came forward the public
hearing was closed. Mr. Elsner read the title of the ordinance. On motion of
Council Member Gallagher, seconded by Council Member Moots, and unanimously carried,
to dispense with further reading of the ordinance.
ORDINANCE NO. C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING
THE ARROYO GRANDE MUNICIPAL CODE, SECTIONS 9-4.608,
9-4.708,9-4.808 and 9-4.1018, PERTAINING
TO THE INSTALLATION OF SATELLITE OR OTHER ANTENNAS.
Mayor Smith said that constituted the first reading of the ordinance.
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C \TY COUNC 1 L MAY 28, 1985
ARROYO GRANOE PAGE FOUR
REQUEST FOR ARCHITECTURAL APPROVAL FOR FOURSQUARE CHURCH, OAK PARK BLVD. AND JAMES WAY.
Mr. Eisner said this is an architectural approval request which was heard by
the Planning Commission and Council in 1981! as a Use Permit. He said the recom-
mendations were for approval. Mr. Eisner said that the applicants had worked out
a plan to save all three oak trees on the property.
On Minute Motion by Council Member Johnson, seconded by Council Member Porter,
and unanimously carried, to accept Architectural Review Case No. 85-328 with change
on Condition No.6 as stated.
COUNCIL RECESSED FROM 9:04 P.M. TO 9:15 P.M.
REQUEST FOR COUNCIL'S RECONSIDERATION OF DENIAL OF APPEAL, RE. STORM DRAIN INSTAL-
LATION AT 5650 S. ELM STREET. .
Ad ThiO it3m w~~ conti~ued to thel~ext meeting, June 11, 1985, as requested by
n rew avo ,a orney or the app 'cant.
PROPOSED USE PERMIT TO ALLOW HEALTH CARE AND MEDICAL OFFICES, OAK PARK ACRES,
DR. ANO MRS. FULLBRIGHT,CONTINUED FROM CL05ED.PUBLIC HEARING MAY 14, 19B5.
Mayor Smith said that there were- questions for which: the Counci I needed answers.
Mr. Mack said he had received a letter at 4 P.M. May 28, 1985 from Kirby K. Gordon,
attorney representing the applicants, asking for the reopening of the public hearing
to present data requested by the Council. Mr. Mack also made note of a letter
from Ruben Kvidt, received May 28, 1985, stating that he was granting an open space
easement near Parce-l 4 for patients' use.
After Council discussion, Members decided to continue this Item to the next
meeting, June II, 1985. Council asked Mrs. Fullbright to make her slide presentation
at that meeting..
PROPOSED AMENDMENT TO ARROYO GRANDE MUNICIPAL CODE, SPECIFIC TO ESTABLISHING COM-
MUNITY TREE PROGRAM. CONTINUED FROM CLOSED PUBLIC HEARING MAY 14, 1985.
Mr. Mack explained the changes in the proposed tree ordinance. 'Counc i 1 members
made final revisions by adding a tree replacement program, a tree removal plan, and
a fund for planting and caring for trees. Penalties also were established.
ELLA HONEYCUTT, 560 Oak Hill Road, advised the council that the Vokal Tree Co.
is going out of business and selling off oak trees.
RUBEN KVIDT, developer of Oak Park Acres, suggested a seminar for all concerned
on the development of oak trees.
Mr. Mack'read the title of the ordinance. On motion of Council Member Gallagher,
seconded by Council Me~ber Johnson, and unanimously carried, to dispense with further
reading of the ordinance.
ORDINANCE NO. C.5.
AN ORD I NANCE OF THE CITY OF ARROYO GRANDE ESTABLI SH I NG
A COMPREHENSIVE COMMUNITY TREE PROGRAM AND REPEALING
SECTIONS 10.3.01 THROUGH 10.3:08 OF THE MUNICIPAL CODE.
Mayor Smith said that constituted the first reading of the ordinance.
RESOLUTIONS - RE. DIABLO NUCLEAR POWER PLANT: STORAGE OF RADIOACTIVE WASTE MATERIAL.
Mayor Smith presented to the Council two Resolutions, which originated at a
meeting of San Luis Obispo County Mayors, calling on the California Legislature,
through its appropriate Committees, to hold, as soon as possible, exploratory public
hearings in San Luis Obispo County on this issue.
CHUCK RICHMOND, 406 Higuera Street, San Luis Obispo, a representative of Pacific
Gas and Electric, disputed points in the resolutions and said everything being done
at Diablo Nuclear Power Plant complies with the Nuclear Regulatory Commission re-
quirements which are designed to protect the health and safety of the area.
MARIE.CATTOIR, 195 Orchid Lane, spoke in favor of the resolutions and said that
history has borne out the fact that there is justi fication to be concerned about
the operation of the plant and the Council should be prudent again.
Following Council discussion, Mr. Mack read the titles of the resolutions, and
on motion by Council Member Gallagher, seconded by Council Member Johnson, unanimously
carried, to dispense with further reading of the resolutions.
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CITY COUNCIL MAY1f. 1985
ARROYO GRANDE, CALIFORNIA PAGE FIVE
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE REQUESTING THAT INFORMATION BE
MADE AVAILABLE TO THE PUBLIC ABOUT THE MODIFICATIONS
OF DIABLO CANYON NUCLEAR PLANT'S STORAGE OF RADIO-
ACTIVE WASTE MATERIAL.
The Mayor:called for and received the following roll call vote, to wit:
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, AYES: Council Member Gallagher and Mayor Smith
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NOES: Council Members Johnson and Porter
, AB5TA Itl: Council Member Moots
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ABSENT: None
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i the resolution fai led.
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i Mr. Mack read the title of the ~econd resolution, and on motion by Council
I Member Gallagher, seconded by CouncIl Member Johnson, unanimously carried, to
i dispense with further reading of the resolution.
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I RESOLUTI ON NO.
, I
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE REGARDING THE
, FINANCING OF NUCLEAR WASTE STORAGE: AND
, REQUIRING AN ENVIRONMENTAL IMPACT REPORT
WITH PUBLIC HEARINGS.
The Mayor called for and received the.following roll call vote, to wit:
AYES: Council Member Gallagher and Mayor Smith
NOES: Council Members Johnson and Porter
ABSTAIN: Council Member Moots
Absent: None
the resolution failed.
AGREEMENT FOR FUNDS BETWEEN CHAMBER OF COMMERCE ANO CITY FOR 1985-86.
Council members discussed the points of the agreement with the Chamber of
Commerce. Council Member Gallagher asked how the Chamber was progressing on the
I i st. .
RUBEN KVIDT, Chamber of Commerce president, reported that most of the points
had been completed, and that a financial report would be ready in a short time.
MARIE CATTaIR, 195 Orchid Lane, said that numerous hearings of late were postponed
and continued because the Chamber didn't have their position ready.
Counci I Member Johnson asked about the lease agreement on the Chamber Office
Bui lding. Mr. Mack said it is beinQ written up.
RESOLUTION TRANSFERRING PRIVATE ACTIVITY BOND ALLOCATION TO CITY OF SAN BERNARDINO.
Hr. Mack explained that the Fed"ral Governmt:nt says that cities and states can
issue Private Activity Bonds of Tax Exempt Status. He said that Arroyo Grande has
not been involved in the program, and he recommended that Council approve the
transference of our allocation to the City of San Bernardino. He said San Bernardino
would pay Arroyo Grande $1,650.00 for the allocation.
Council Members asked Mr. Mack how Arroyo Grande could use its yearly allocation,
which amounted to $660,000.00 this year. Mr. Mack said he would report back on this
matter.
Mr. Hack read the title of the resolution. On motion of Council Member Gallugher,
seconded by Council Member Moots, and unanimously carried, to dispense with further
reading of the resolution.
RESOLUTION NO. 18119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, CALIFORNIA, TRANSFERRING TO THE
CITY OF SAN BERNARDINO, CALIFORNIA, A PORTION
OF THE CALENDAR YEAR 1985 PRIVATE ACTIVITY BOND
LIMIT OF THE CITY OF ARROYO GRANOE. CALIFORNIA
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CITY COUNCIL MAY 28, 1985
ARROYO GRANDE, CALIFORNIA PAGE SIX
! On motion of Counci I Member Gallagher, seconded by Counci I Member Johnson, and
unanimously carried, to approve the resolution and on the following roll call
vote, to wi t:
AYES: Council Members Gallagher, Johnson, Moots, Porter, and Mayor Smith.
NOES: None
i ABSTAIN: None
I ABSENT: None
i
I the foregoing Resolution was passed and adopted the 28th day of May 1985.
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TRAFFIC WAY UNDERGROUNOING PROJECT APPOINTMENTS.
Mayor Smith appointed three.members of the. public to an Underground Utility
Committee. They were Marie Cattoir, Don Christianson and Jerry Bowser, all
property owners on Traffic Way. Mr. Mack said that the Mayor was already a
member of the committee, and Council-Members Moots was her alternate.
RESOLUTION ADOPTION: CERRO VISTA CIRCLE DENIAL STRIPS
Mr. Mack said Council had previously adopted Resolution No. 1838, but it must be
changed to read: . July I, 1981, and therefore another resolution has been drafted
for Council consideration. Mr. Mack read the title of the Resolution. On motion of
Counci Iman Gallagher, seconded by Counci lman Moots, and unanimously carried, to dis-
pense with further reading of the Resolution.
RESOLUTI ON NO. 1850
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ACCEPTING RETROACTIVELY
THREE DENIAL STRIPS, AS DEDICATED ON TRACT
MAP 550 IN THE VICINITY OF CERRO VISTA CIRCLE.
On motion of Councilman Gallagher, seconded by Councilman 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 this 28th day of May 1985.
FIRST READING: ORDINANCE AMENDING UNNECESSARY NOISE SECTION OF MUNICIPAL CODE
City Attorney Shaw recommended that a section be added to the existing Ordinance.
Mr. Mack read the title of the proposed Ordinance. On motion of Councilman Gallagher,
seconded by Councilman Moots, and unanimously carried, to dispense with further
reading of the Ordinance.
ORDINANCE NO. C.5.
AN DRDINANCE OF THE CITY OF ARROYO GRANDE
PROHIBITING TME INTERFERENCE OF ANY PERSONS
REASONABLE AND COMFORTABLE ENJOYMENT OF LIFE
OR PROPERTY BY ANIMAL NOISE; AND REPEALING
AND AMENDING SECTION 6-1.07 OF THE MUNICIPAL
CODE.
Mayor Smith said that constituted the First Reading of the Ordinance.
ORDIUANCE ADOPTION: AMENDING AND UPDATING FIRE DEPARTMENT SECTION OF MUNI CODE
Mr. Karp read the title of the Ordinance. On motion of Counci Iman Gallagher,
seconded by Councilman Moots, and unanimously carried, to dispense with further
reading of the Ordinance.
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CITY COUNC I L MAY 28, 1985
ARROYO GRANDE, CALIFORNIA PAGE SEVEN.
ORDINANCE NO. 328 C.S.
AN ORDINANCE OF THE CITY OF ARR9YO GRANDE
AMENDING SECTIONS 2-6.01 THROUGH 6-6.12
OF THE MUNICIPAL CODE PERTAINING TO THE
FIRE DEPARTMENT.
On motion of Councilman Gallagher, seconded by Councilman Moots, 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 Ordinance was passed and adopted on the 28th day of May 1985.
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ORAL COMMUNICATIONS
0 Counci1man Gallagher asked the status of the raise rn.'Council Members'
sa I a ry . City Attorney Shaw said a legal question was involved.
0 Mayor Smith asked that'a copy be given Council for consideration of the
Mobile Home Rent Stabilization Ordinance.
0 Councilman Gallagher asked about the appraisal of land on the South bank
: of the Creek. Mr. Mack replied there was nothing yet received.
0 Ella Honeycutt said she felt Diablo storage of nuclear waste would be
better stored in the desert areas and suggested the resolutions regarding
the waste storage be rewritten.
0 Mayor Smith encouraged everyone to attend the Soto Sports Complex
dedication on June 8, 1985, from 10:00 A.M. to 1:00 P.M.
. ADJOURNMENT
On motion of Council Member Gallagher, seconded by Council Member Moots, and
unanimously carried, to adjour to Budget Session tomorrow (May 29, 1985) at 1:00 P.M.
Council adjourned'at 11:16 P.M.
. MAYOR
ATTEST:
CITY CLERK