Minutes 1984-05-08
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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Councilman Vandeveer asked that Consent Agenda Item #13 be withdrawn for I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 ,
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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.
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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.
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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.
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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.
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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.
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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