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Minutes 1984-05-08 . .... I ., , , CITY COUNCIL MAY 8, 1984 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor Smith presiding. Upon roll call Counc.lmen Matt Gallagher, Karl Hogan, Mark Millis and Lawrence Vandeveer were all present. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Millis led the Pledge of Allegiance to our Flag. Mayor Pro Tern Gallagher delivered the invocation. APPROVAL OF MINUTES On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, the Minutes for the Meeting of April 24, 1984, were approved as presented. APPROVAL OF CHECKS On motion by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, Demand Checks No. P669 through p681, and No.' 22388 through 22466, in the total amount of $655,863.55; and Payroll Checks No. 27585 through 27679, in the total amount of $74,665.68, were approved for payment as presented by City Manager Mack. PRESENTATION OF PLAQUE OF RECOGNITU>N TO POLICE CHIEF JAMES CLARK Mayor Smith presented a plaque of recognition to Police Chief James Clark for his twenty five years of service to the City of Arroyo Grande. ORAL COMMUNICATIONS None CONSENT AGENDA Councilman Vandeveer asked that Consent Agenda Item #13 be withdrawn for I discussion. On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, Consent Agenda Items #8 through #12, and Items #14 , , through #16 were approved as recommended. 8. tetters of ThanKs from San Luis Obispo County Symphony Association for Revenue Sharing Funding. INFORMATIONAL ONLY. 9. Resignation by W. L. Bruckart from Citizens Transportation Advisory Committee, as A.G.Representative, Effective 4/23/84. RECOMMEND ACCEPTANCE WITH REGRET. . 10. Request by "Action for Animals' Rights (AFAR)" for Support Fundtng. RECOMMEND ACTION BE DEFERRED UNTIL 1984/85 BUDGET HEARINGS. 11. Minutes and/or Answered Agendas: REVIEW AND FILE --Planning Commission Meeting of 5/1/84. --South San Luis Objspo County Sanitation District Minutes of 4/25/84. --Blue Ribbon Committee Minutes of 4/23/84. 12. Fee Exempt License to Sell Poppies by Disabled American Veterans. RECOMMEND APPROVAL. 14. Request to Declare Light Bar Surplus Property and to Sell to Harbor Patrol. RECOMMENO APPROVAL. 15. Purchase of Police Wall Lockers. RECOMMEND APPROVAL/AWAROING TO LOW BIDDER. 16. Acceptance of Utility Easement, Re: EZ-8 Motel. RECOMMEND APPROVAL AND SIGNATURE BY MAYOR. 13. League of California Cities: Legislative Bulletin #15-1984. REVIEW AND FILE. Councilman Vandeveer called attention to Senate Bill 1440, which proposes placing local government under the jurisdiction of the State Public Employment Relations Board for unfair labor practice determinations. He said he opposed it and moved tha t Counc i I wri te to each member of the Senate Fi nance Commi ttee voicing opposition to SB 1440. The motion was seconded by Councilman Hogan, and carried unanimously. , ------- --------------- - . ~ """" CITY COUNC IL 'A~~ ARROYO GRANDE, CALIFORNIA PAGE . PLANNING COMMISSIDN'5 REQUEST TO ESTABLISH COMMITTEE FOR DENSITY TRANSFERS City Attorney Shaw said he had prepared a memo for the Council indicating the ....... legal ramifications of the situation where it is proposed to do a study and said he would like to discuss it in Closed Session. Mayor Smith said she would like to .,-.." read the package before discussion takes place. Council Members reiterated they should not be a part of the Committee and that Planning Commission should go ahead with the study and submit recommendations to the Council. DISCUSSION OF PAULDING HISTORY HOUSE City Manager Mack said Mr. John Caswell and Mr. Stephen Cool were present to make a presentation to the Council, regarding the Ruth Paulding property. JOHN EDWARDS CASWELL, 2165 Zinfandel Lane, Turlock, CA, said he was trying to organize a scheme for. the care of Ruth Pau.1ding with the following goals: (1) furnish an annuity to Ruth; (2) finance the Paulding History House after her death. He said there were tradeoffs: (I) Ruth will allow the sale of land when the legal transactions take place; (2) Ruth will get an annuity; and (3) the operator of the House (after her demise) wi1lget funding for the indefinite future. Mr. Caswell said the San Luis Obispo County Historical Society is the owner and the fundless future operator. He said what is proposed is a new trustee group to receive, sell the undeveloped land to form a.trust to provide an annuity for Ruth until her death. Under the proposed plan the City is to receive'the house, gardens and furnishings now, but Ruth as the life tenant, under California law, has the responsibility for keeping up and maintaining the grounds. He said the City would not have the responsibility for maintenance as long as Ruth is living, although the City would hold title to the house. STEPHEN COOL, Attorney, answered questions and further explained future plans, expected expenditures that will be necessary to maintain as a History House. He said the City would hold the deed and be the owner. AL SPIERLING, 299 Miller Way, said the property frontage on Crown Hill runs 250 ft. and the depth 220ft. He said a space of 125' x 120' behind the house could be adapted for a parking area.. He said the History House takes up about 125 ft. of the frontage, and the balance could be divided into lots and sold. City Manager Mack said he had posed a number of questions regarding the pro- posal that need to be addressed. He said a study is needed to assure that the plan complies with State legislation having to do with municipal operations. Considerable discussion followed and several questions were raised. A motion was made by Councilman Gallagher, seconded by Councilman Millis, and unanimously carried, to have the City Planning Department and the City Engineer look at the property, estimate the cost of survey work; to have the City Manager and the City Attorney work with Mr. Cool to answer questions about simplifying the agreement document and to bring recommendations back to the Council, no later than one month from this date. City Manager Mack reminded Council that when the Staff Report from Planning and Engineering is presented, the property description is incomplete and a survey must be conducted; and the land division will require detailed study, meaning additional costs. f>HIi.LIC HEAR"";' (n"<J~~USE PERMIT FOR FULL SERVICE BEAUTY SALON, OAK PARK PLAZA Planning Oirector Eisner said a provisional Use Permit application is brought to Council for consideration, because the property is zoned P-D (Oak Park Acres). He said under Ordinance 140 C.S. a beauty salon is considered a permitted use within the shopping center, but the applicants have asked for a full service salon, to include body massage which is not covered in the Ordinance. Mayor Smith said the hearing had been duly published and all requirements governing hearings had been met and declared the hearing open. VANCE ANSETH, 341 Neptune, Nipomo, Owner of the Oak Park V. I.P. Salon, said the services would include pedicures, manicures, facials, body wraps and massage. - -, CITY COUNCIL MAY 8, 1984 ARROYO GRANDE, CALIFORNIA PAGE THREE. No one else spoke for or against the beauty salon and Mayor Smith declared the public portion of the hearing closed. A motion was made by Councilman Hogan, seconded by Councilman Vandeveer and unanimously carried, to uphold the Planning Commission's recommendation for~pproval of the full service beauty salon in Oak Park Plaza, at 1530 W. Branch Street) PUBLI C HEAR I NG: CONSIDER QUIMBY ACT FORMULAS AND ORDINANCE REGARDING PARKLAND DEDICATION OR FEES IN LIEU OF LAND City Manager Mack said Council had asked for a public hearing and ordinance at its last meeting. Parks and Recreation Director John Keisler said the Parks and Recreation Commission had reviewed the Quimby Act formulas and ordinance recommended by the State of California, and the Commission recommended adoption by the Council. He said the ordinance and formulas increase the responsibility of the developer, encourages donation of land and construction of facilities by the developer. Mayor Smith said the hearing had been duly published and all requirements governing hearings had been met and declared the hearing open. DORACE JOHNSON, 1279 Poplar Street, said she would like to encourage the Counc i 1 to be thorough in examining the recommendation, because the City has reached the point where the parkland is lagging behind the needs of the community, and the money is desperately needed to fill the gap. ELLA HONEYCUTT, Oak Hill Road, asked how the Quimby Act fees to be collected by Arroyo Grande compared with fees of other cities. Mr. Keisler said Arroyo Grande is below other cities such as Grover City, Morro Bay, Paso Robles, Santa Maria and San Luis Obispo. Mrs. Honeycutt encouraged Council to get enough park fees to cover the needs of the community for existing and future parks. REUBEN KVIOT, Oak Park Acres, said Oak Park does not have a park but all the fees have been paid. DORACE JOHNSON said she wanted to go on record to thank Mr. Kvidt for his attitude and cooperation and said he had been very generous and fair. Mayor Smith called for others to speak, but there was no one, and the hearing was declared closed. Council discussed various aspects of the Quimby Act. Mr. Mack read the title of the ordinance. A motion was made by Councilman Gallagher, seconded by Councilman Millis, to dispense with further reading of the ordinance, and on roll call vote all Counci I Members voted "yes" except Counci lman Hogan. ORDINANCE NO. C.5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATION LAND IN SUBDIVISIONS. Mayor Smith said that constituted the first reading of the Ordinance. COUNCIL RECESSED FROM 9:30 P.M. to 9:40 P.M. Mayor Smith announced that Item #22 on the Agenda was a cancelled item. RESOLUTION ADOPTION TO ^UTHORIZE RATIFICATION OF JOINT POWERS AGREEMENT Mr. Mack said the current Joint Powers Agreement requires ratification each year and it has been a standard authorized Resolution of the City. This year they wish to change the name of the organization and ask your support. Councilman Hogan said he had problems with. several sections of the agreement and suggested it be done away with. Mr. Mack explained this is a Council of Governments under Federal legislation and to be eligible for certain Federal and State funds, an area must have this agency for funneling transportations funds to the Ci ty. ~ ~ CITY COUNCIL MAY 8, 1984 ARROYO GRANDE, CALIFORNIA PAGE FOUR. Mr. Mack read the title of the Resolution. On motion by Counci lman Gallagher, -........ seconded by Councilman Vandeveer, and unanimously carried, to dispense with further reading of the Resolution. ~.. . . RESOLUTION NO. 1763 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING RATIFICATION OF THE JOINT POWERS AGREEMENT OF THE SAN LUIS OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNC I L. On motion of Councilman Gallagher, seconded ~y Mayor Smith, for approval of the Resolution. During further discussion, Councilman Millis said he felt a letter should be sent to Assemblyman Eric Seastrand, .and .other officials, urging they study ordinances and .resolutions to return local control; and suggested when Mayor 5.mith vi sits the Governor that she urge support for local control.. Mayor Smith called for a vote on the motion for approval of the Resolution, and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Millis, Vandeveer and Mayor Smith NOES: Counci lman Hogan ABSENT: None the foregoing Resolution was passed and adopted the 8th day of May 1984. APARTMENTS IN OAK PARK AREA (MR. GHORMLEY) Planning Director Eisner referred to memo dated April 9, 1984, requesting an interpretation of Ordinance 140 C.S., regarding the wording "commercial- residential uses of P-C Zone", applying to an application for a Use Permit to cover an apartment complex to be located on Parcel 3 of the Oak Park Acres deve lopmen t. Mr. Eisner asked for clarification by Council as to whether an apartment, at density to be determined, is a permitted use under the Ordinance wording - or whether the P-C Zone with an apartment subject to conditional use permit is the operative language. Mr. Eisner distributed to Council a map and table from Ordinance 140 C.S. and explained the basis for his interpr~tation. Mayor Smith said she felt the Planning Commission should review it all and state what is meant in the zoning portions of the Ordinance. JACK GHORMLEY, 980 Branch Mill Road, said before he made an offer to purchase property in Oak Park Acres from Mr. Reuben Kvidt, he confirmed the proposed residential use was consistent with the zoning of the City. He said after considerable time and money had been expended, the Architectural Review Committee questioned the interpretation of the Ordinance on April 5, 1984. Councilman Gallagher said each parcel had .been reviewed with Mr. Kvidt, and it was emphasized that commercial uses were beIng addressed, and even held special meetings to cover the situation, Mayor Smith cited, specifically, Parcel 3 of the Ordinance. REUBEN KVIDT, Oak Park Acres, said he has a tape from Planning Commission that states what is permitted in P-C zone, and one of the questions posed was if apartments/townhouses are permitted. The answer was: "not automatically, but if a request, it is up to the Council if there would be a Use Permit granted". Mayor Smith then read from the Ordinance the reference for Parcel 3, which she said she felt was clear. Councilman Gallagher said he would not want any changes made to the Ordinance. Councilman Millis said any changes would have to be made by the zoning changes process. . ~ -- CITY COUNCIL MAY 8, 1984 ARROYO GRANDE, CALIFORNIA PAGE FI VE. Mr. Ghormley said he did not think he had been dealt with as fairly as he should have been. ELLA HONEYCUTT said the City Council meetings are on tape for review; and that she remembers Mr. Kvidt accepting these conditions, and then when he came back for K-Mart he said there wasn't enough commercially committed property. Mr. Kvidt said the changes made to remove zone C-N were at the request of the City and when he found out the C-N was not the appropriate zoning, another request had to be submitted changing it back to the original zone. BOND I NG REPORT Mr. Mack said the question of bond .coverage had been reduced to two questions (should elected officials be dondea and, if so, for how much) had been sent in written form to Transamerican. Insurance Company, along with a request for a quote of the cost premiumwise to increase the bonding limits for all current City employees and elected officials. OAK PARK TRAFFIC SAFETY REPORT Mr. Mack said a great deal of construction activity has been going on, on the Pismo Beach side of Oak Park Boulevard, taking a portion of the DEVCO project into the City of Pismo Beach. The contractor has graded out to the asphalt surface of Oak Park Road, and he said he understood there is (in certain sections of Oak Park) a buffer zone that. is still within the City of Arroyo Grande, and unpaved. He said the City of Pismo Beach has been put on record that Arroyo Grande does not want any grading done until agreement has been reached as to width of the right of way, what street improvements. are going in, what turn lane movements are planned for traffic control in the future. The Staff of Pismo Beach is preparing drawings that wi 11 demonstrate their proposal, so appropriate recommendations can then be made to Council by Arroyo Grande Staff. Mr. Karp said the bridge proposed by Cal Trans would be six lanes wide. Mr. Mack said another development known as "Life Styles" was scheduled for pub! ic hearing in Pismo Beach, and he had asked them .to make sure there be an inter- connection to direct the traffic away from Oak Park intersection. BRISCO ROAD IMPROVEMENTS REPORT Mr. Karp said work continues on negotiations with individual property owners on Brisco Road and most of them seem receptive to having the full improvements made. He said he is getting the vestings and right of way deeds, and in return will offer sidewalks. CONSTRUCTION OF DEEP MUNICIPAL WELL AND BLENOING SYSTEM - PHASE IV Mr. Karp said progress payment Number Two has been requested for the Brisco Road and Pump Station project, to Peterson/Douglas Construction in the total amount of $27,106.79, which represents 33% of the progress estimates. On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, for approval of $27,106.79, for Phase IV, construction of municipal deep well and blending system. WRITTEN COMMUNICATIONS Mr. Mack said the Fire Chief had provided in advance a copy of specifications, a quote from a fire equipment manufacturer for a fire truck, and other materials, which Mr. Mack distributed to Council Members. He said it would be on the next Agenda, but since the package was so thick, he thought Council would want to peruse it for the next two weeks. ORAL COMMUNICATIONS Councilman Vandeveer asked what time was set to be at the treatment plant. Mayor Smi th informed him 9:00 A.M. Councilman Millis asked Staff to put the issue of the downtown restrooms on the next Agenda. Mayor Smith said Mr. Jim Silva was to return to Council with a plan showing locations proposed for the restrooms. ~~--- . ,-- ---. CITY COUNCIL MAY 8, 1984 ARROYO GRANDE, CALIFORNIA PAGE SIX. Councilman Gallagher said a letter had been addressed to Council regarding a PG&E :rate increase to cover the cost of the Diablo Canyon Nuclear Plant, and said '..--0" he obJic"ts"strenuously"to the request. He asked that the Ci ty go on'record as opposing the rate increase. Following Council discussion, a motion was made by ~-. .- Counci lman Gallagher, seconded by Counci Iman Mi 11 is, that a {letter be written to the Public Utilities Commission stating the City Council supports changing the law that allows the cost of the nuclear plant to be paid for by rate holders, Councilman Vandeveer said he would need to know more about the law before he could support changing that law. Councilman Hogan said he felt any increase was deplorable. Councilman Millis said a letter had been received inviting Council to a PG&E explanatory meeting on the following evening. Mayor Smith said she would try to locate someone to attend the meeting on such short notice.. Mayor Smith called for a vote.on the motion, which carried on a 3-2 vote. Councilmen Hogan and Vandeveer voted against the motion. Councilman Gallagher said he felt Zone 3 should do something about the double treatment of chlorine in Lopez water. A motion was made by Councilman Millis to have Council work with the County Supervisors to return local control in Zone 3. Motion died for lack of second. Councilman Gallagher said 80% .of the water users in Arroyo Grande, Grover City, and Pismo Beach are getting a double dose of chlorine so that safe water can be transported between Shell Beach all the way over to Avila Beach. He said another chlorinating plant is needed. Mayor Smit~ asked Councilman Millis to address the question to Zone 3 Board, and bring ~n answer back to Council. Mayor Smith asked about the grading being done behind the cemetery. Mr. Karp said a stockpile permit was issued to Oak Park Acres to take the dirt from the EZ-8 Motel for future use. In. answer to ques.ti.on,. Mr. Karp sa.i.dthe trees appear:. to be in the City of Arroyo Grande. ,He sa i d before the des i gn was done for the road, he and Mr. Kvidt had met with representatives of the Historical Society, a landscape architect, and the Church had been written about the trees. The landscape architect says the trees are at the end of their life; neither the Church nor the Diocese have responded; and Mr. Kvidt has offered to help in any way he can. Councilman Millis asked when the road would be completed down to Brisco Road. Mr. Karp said he estimated in the next couple weeks. ADJOURNMENT Mayor Smith adjourned the Regular Session to Closed Session at 11 :03 P.M. RECONVENEMENT AND ADJOURNMENT The Closed Session adjourned at 11:42 P.M. Councilman Gallagher moved for adjournment to a Joint Meeting with the Parks and Recreation Commission on Wednesday May 9, 1984, at 5:30 P.M. Mr. Millis seconded the motion. Council unanimously approved the motion. The meeting adjourned at 11:44 P.M. MAYOR ATTEST: DEPUTY CITY CLERK