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Minutes 1992-12-08 , ~ 62" MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 8, 1992 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council of the City of Arroyo Grande met at 7:30 P.M., with Mayor M. P. "Pete" Gallagher presiding. 1. AND 2. FLAG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flag, and the Rev. Randy Ouimette, Fire Chaplain and Pastor of st. John's Lutheran Church, delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy, Gene Moots and James. Souza. Staff Members present were City Manager Chris Christiansen, City Attorney Judy Skousen, City Clerk Nancy Davis, Finance Director David Bacon, Chief of Building and Fire Kurt Lampitoc and Parks and Recreation Director John Keisler. -' 4. ORAL COMMUNICATIONS Speaking against the City setting up and maintaining a Nativity scene on City property were DAVID BERSOHN, PEGGY KOTEEN, ANNETTA MEIR and KEN BLAKELEY. They said it is against the united States and california Constitution for the City to place a Nativity scene on public property. The Rev. Quimette spoke in favor of the Nativity scene placement. TED GIBBS spoke in favor of the appointment of Pete.Dougall to the vacant position on the City Council. He presented the Council with petitions containing 84 additional signatures of residents requesting the appointment of Mr. Dougall. He referred to petitions submitted previously containing 563 names. FRED FLANNEL spoke in favor of having a diversity of opinion on the City Council and appointing one of those who ran for office in the November 3, 1992, election. S. CONSIDERATION OF APPOINTMENT OF COUNCIL MEMBER Mayor Gallagher said the Council would consider the appointment of a new Council member to fill the vacancy created after the November 3, 1992, eleotion. He read from the applications for the city Council vacancy submitted by former Council Member Dougall, Robert E. "Bob" Teeters, Bernard E. Burke and Mike Miner. Mayor Gallagher listed the backgrounds and qualifications of the four applicants. It was moved by Moots/Souza (4-0-0, Moots, Souza, Brandy and Gallagher voting aye) to appoint Mr. Burke to the City Council. 6. PRESENTATION OF PLAOUES OF APPRECIATION TO DREW BRANDY. FORMER PLANNING COMMISSIONER: AND JAMES M. SOUZA. FORMER PLANNING COMMISSIONER Mayor Gallagher presented the plaques to Council Members Brandy and Souza. 7. CONSENT AGENDA It was moved by Moots/Souza, and the motion passed unanimously ',,", to approve Consent Agenda items 7 A. and 7 B. 7.A. December 2 , 1992, senior Advisory Commission Minutes. Information. 7.B. November, 1992, Investment Report. Information. 1 ,. ----------- ~ 63 CITY COUNCIL MINUTES DECEMBER 8, 1992 8. REGISTER OF CHECKS It was moved by Moots/Souza, and the motion passed unani~ously, to approve cash disbursements in the amount of $343,864.11, as listed on the December 2, 1992, Staff- Report of Finance Director Bacon. 9. PUBLIC HEARING - APPEAL OF PARKS AND RECREATION COMMISSION CEOA DETERMINATION ON THE APPROVAL OF A SAND VOLLEYBALL COURT AT TERRA DE ORO PARK: OBJECTION TO INSTALLATION OF VOLLEYBATJt. COURT AT SUBJECT PARK ON THE BASIS OF NOISE~ LITTER. INCREASING CRIME AND DEVALUATION OF PROPERTY VALUES: ARTHUR AND DANA BIELECKI Council Member Brandy said he may have a conflict of interest in this matter and left the room. Mr. Christiansen referred to the Staff Report of the Parks and Recreation Director, who recommended that the council uphold the decision of the Parks and Recreation Commission and adopt the Negative Declaration filed for construction of the volleyball court, and instruct the City Clerk to file a Notice of Determination. Mr. Keisler gave background on the project and said neighbors of Terra de Oro Park had originally requested the sand volleyball court be constructed to make a safer place for adults and children to play. After being assured that the pUblic Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the hearing open and said all persons would be heard regarding the matter. Speaking against the construction of the sand volleyball court and in favor of the appeal were the appellants DANA and ARTHUR BIELECKI of 331 Oro Drive. Their objections to the court were based on excess noise, litter, crime and devaluation of property. They said there would be no sanitary facilities for those playing at the park, that an Environmental Impact Report should be done and there was danger of fire. Mr. Flannel spoke in favor of the appellants. Speaking against the appeal and in favor of the volleyball court were BILL HARVEY of 308 Oro Drive, DAHlEN BROOKS of 424 Toyon court, LEO SCHMIDT of 476 Palomo Court and CHARLES TENBORG of 427 Palomo Court. There being no further public discussion on the matter, Mayor Gallagher closed the hearing to the floor. " Council Member Moots asked if the primary purpose of Terra de Oro was for a park or for drainage. Mr. Christiansen said it is a combination of both. council Member Moots said the City seems to be going to a lot of trouble for two posts in the ground and some ~ sand. He said the area should remain status quo. Council Member Souza and Mayor Gallagher asked questions concerning the design of the sand volleyball court, the surrounding terrain and vegetation, potential flooding, cost and maintenance. Council Member Souza said he saw no problem with approving the court on an eight-month trial basis. It was moved by Souza/Gallagher (2-1-1, Souza and Gallagher voting aye, Moots voting no and Brandy absent) to approve ,jte.o:tution-_No~'2960 Upholding the Parks and Recreation Commission Approval of'. a Sand volleyball Court at Terra De Oro Park and Adoption of a Negative Declaration: Instructing the city Clerk to 2 '. , .' 64' CITY COUNCIL MINUTES DECEMBER 8, 1992 File a Notice of Determination, and Denying the Appeal of Arthur and Dana Bielecki. Mrs. Bielecki said the Parks and Recreation Commission approval of the sand volleyball court included the following conditions: 1. No organized volleyball leagues will play in the area. 2. The Parks and Recreation Department will not provide volleyball nets. 3. Nets will be removed after every game. 4. The service road will be blocked by a chain. 5. No public parking. .J' 6. No lighting. 7. No amplification. 8. The Parks and Recreation Department will plant dense foliage aroun~ the play area. Mrs. Bielecki asked that the conditions be made part of the record, and the Council agreed. Mr. Keisler questioned the conditions that Mrs. Bielecki read. Council Member Brandy returned to the dais. 10. SETTING PUBLIC HEARING DATE AND TIME FOR RANCHO GRANDE PARK EXPANDED INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION Council Members decided to set the continued public hearing on the Rancho Grande Park Expanded Initial Study and Mitigated Negative Declaration for 7:00 P.M. Thursday, January 7, 1993. 1l.A. SURPLUS PROPERTY It was moved by Moots/Brandy (4-0-0, Moots, Brandy, Souza and Gallagher voting aye) to approve Resolution No. 2961 Declaring Surplus Property to be Sold at Public Auction. 11.B. INVITATION TO THE CITY TO BE INVOLVED IN THE NACIMIENTO WATER PROJECT Mr. christiansen referred to an October 8, 1992, letter from San Luis Obispo County Engineer Clint Milne asking Arroyo Grande to participate in a Nacimiento (Water) project Reservation Agreement planning Study. Mr. Christiansen said the City "water committee" had recommended that the City not participate in the agreement and study. Council Members directed Staff to respond to the county Engineer saying that the City would not be interested in participating in planning studies for the Nacimiento Water supply Project. - 12. WRITTEN COMMUNICATIONS None. 13. ORAL COMMUNICATIONS Mayor Gallagher congratulated Mr. Burke on being appointed a member of the city Council. 14. CLOSED SESSION None. 3 . . ......... 65 CITY COUNCIL MINQTES DECEMpER 8, 1992 15. ADJOU~ENT It was moved by Moots/Brandy, motion passed unanimously to adjourn the ATTEST. ~ a. 9t.";".J NANCY A. AVIS, CITY CLERK I \.- .. - '-'