Minutes 1984-04-10
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CITY COUNCil APRI l 10, 1984
ARROYO GRANDE, CALIFORNIA 7:30 P.M.
The City Council. met in Regular Session with Mayor Smith presiding. Upon
---.~.,.- roll call Council Members Matt Gallagher, Karl Hogan, Mark Millis and Lawrence
Vandeveer were present.
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PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Hogan led the Pledge of Allegiance to our Flag. Counc i I
Member Millis delivered the invocation.
APPROVAL OF MINUTES
Councilman Gallagher said Mrs. Cattoir's statement made at the March 27,
1984, meeting should be added to the Minutes and was as follows: "I wish the
Council would make a positive statement concerning Diablo Canyon displaying a
concern of the commun~ty. She said make it easy for us, using words we could
support." A motion"was made by Councilman Vandeveer, seconded by Councilman
Gallagher, and unanimously carried, to approve the Minutes of March 27, 1984,
meeting as amended.
APPROVAL OF CHECKS
On motion by Councilman Vandeveer, seconded by Councilman Hogan, and .-
unanimously carried, Demand Checks No. P-660 through p~668, and No. 22180
through 22299, in the total amount of $278,345.94; and Payroll Checks No.
27351 through 27442, in the total amount of $67,412.34, were approved for
payment as presented by Finance Director David Bacon.
RECOGNITION FOR 25 YEARS SERVICE TO THE CITY
Mayor Smith said she would be presenting a plaque to "Switch" Nakamura,
commemorating his twenty-five years of service with the City of Arroyo Grande.
as a loyal employee. She said hi s "thank you" card for the years he had spenii
in Arroyo Grande and the emphasis the City had placed on his 25 years, had been
received,and the card was passed to other Council Members.
CONSENT AGENDA
A motion was made by Councilman Vandeveer, ,seconded by Councilman Hogan,
and unanimously carried, to approve Consent Agenda Items #8 through #20, as .
recommended.
8. Proclamation--Public Schools Week, April 23-27, 19B4. RECOMMEND MAYOR SO
PROCLAI M.
9. Proclamation--National Public Works Week, May 20-26, 1984. RECOMMEND MAYOR
SO PROCLAIM.
10. Notice of Highway One Reopening. INFORMATIONAL ONLY.
II. Minutes and/or Answered Agendas: REVIEW AND FILE.
la) Planning Commission Meeting of 4/3/84.
(b) South San Luis Obispo County Sanitation District Meeting of 3/21/84.
(c) Blue Ribbon Committee Meeting of 3/26/84.
(d) Parks and Recreation Commission Meeting of 3/14/84.
(e) Parking and Traffic Commission Meeting of 3/19/84 lOiscussion under
Other Business Items).
12. Request of Village Merchants Association for Strawberry Festival Activities.
RECOMMEND APPROVAL.
13. Letter from County Engineer's Office to Board of Supervisors, Re: Request of
Avila Beach County Water District for Additional Water. INFORMATIONAL ONLY.
14. Invitation from Zone 3 Advisory Committee, Re: Tour of Lopez Project and
Dedication of Hydro-Electric Plant. REVIEW AND ADVISE BY 4/19/84.
15. Departmental Monthly Report for March, 1984. REVI EW AND FI LE.
16. League of California Cities:
la) Legislative Bulletin No. 12-1984. REVIEW AND FILE
17. Sales Tax and Cigarette Tax--To March 31, 1984. REVIEW AND FilE.
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CITY COUNC I L APRIL 10, 1984
ARROYO GRANDE, CALIFORNIA PAGE T\.JO.
18. Authorization for Pay~ent, Deep Well and Blending System, Phase IV, Progress
Payment No. 1. RECOMMEND APPROVAL.
19. Letter from South County Community Kettle, Re: Revenue Sharing Funds.
RECOMMENDATION: DEFER ACTION UNTIL BUDGET ADOPTION.
20. Articles from California Chamber of Commerce "Alert", Re: "Local Government
Finance Bill sUnder Fi re" and "Reform Bill Seeks to. Keep Hands Out of "Deep
Pocket" in Injury Suits." INFORMATIONAL ONLY.
BONDING OF EMPLOYEES REPORT
Finance Director David Bacon said the City is covered by tWD bonds. One is
coverage against loss,of money and against depositors' forgery of City checks.
The other is a public employees blanket position bond, which protects the City
against loss sustained through any fraudulent or dishonest acts committed, by any
employee. He said his memo of April 2, 1984, explains in more detail each bond
coverage. He said separate bonds are required for only three positions: Ci ty
Manager, Acting City Manager and Finance Director; however, City Code provides
that the City Manager and Acting City Manager may be covered by public employees
blanket bond..
Councilman Millis requested a written report specifically covering the City
Council Members, City Clerk, City Treasurer; comparison with other cities coverage
and if our coverage is adequate. City Attorney Shaw will seek the requested
information and report back to Council as soon as it is researched and received.
PARKING AND TRAFFIC COMMISSION'S RECOMMENDATIONS TO COUNCIL
Public Works .Director Paul Karp said the Commission discussed closure of
Crown Hill at State Highway 227, In response to reported accidents that had
occurred there. The Commission recommended studying a Crown Hill cuI de sac and
to have Council direct Public Works to study the proposal as soon as possible.
Mayor Smith invited residents of Crown Itill to address the Council; and
acknowledged the 'peti ti on submi tted by them. -
CYNTHIA NEOTTI, 611 Crown Hill, said her great concern is the safety of the
children coming from the school. She explained that as the cars come up the hill,
they accelerate, and are a grave threat to the children playing on the dirt hill.
GEORGE NEOTTI, 611 Crown Hill, said he would like to bring Council's attention
to the fact there are no sidewalks along Crown Hill and the children walking, roller
skating or playing must do so in the street.
PATRICIA FAIRBANKS, 655 Crown Hill, pointed out the traffic coming from the
Lopez Lake area should also be considered, since many do not stop at the stop sign
at the intersection of Crown Hill/Highway 227/Huasna Road, and many have been
drinking. She said numerous accidents have happened there (six in the past three
months and many near misses). She said Highway 227 has a type of ditch, not
easily noticed, and when drivers hit the gully they go airborne and lose control
of their vehicles.
Councilman Gallagher made a motion for a study of the traffic problems and
of a pedestrian sidewalk along Crown Hill and the school. Counc i 1 man Hogan
seconded the motion for discussion. Councilman Millis said he felt a study would
take too long, the area is very dangerous, it is an urgent problem and the City
needs to make Crown Hill a cuI de sac now. Councilman Hogan said he felt a turn-
around for trucks should be included. Councilman Vandeveer agreed that Crown Hill
should be closed now but continue the study; and that he would like to receive
comments from the Police and Fire Departments regarding the problems of the area.
Mayor Smith called for a vote on the motion and it carried unanimously.
A motion was made by Councilman Millis to make Crown Hill at Highway 227 and
Huasna Road a cuI de sac immediately on an emergency basis, seconded by Councilman
Hogan, and on the following roll call vote, to wit:
AY!;S: Councilman Vandeveer, Gallagher, Millis, Hogan and Mayor Smith
NOES: None "-
ABSENT: None
the motion carried unanimously.
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CITY COUNCIL AP R ILl 0 , 1 984
ARROYO GRANDE, CALI FORN I A . PAGE THREE.
NO PARKING ZONE--TRAFFIC WAY FRONTAGE NORTHERLY OF ARROYO GRANDE CREEK
-;II'!':" Mr. Karp said the property was formerly Five Cities Rental, who have moved.
The owner, Mr. Lovett, had conceded to put in sidewalk, curbs and gutters on the
f~gntage to conform with the new plan. There are no parking lanes anticipated
-o~~or allowed for in the street design. He said, therefore, a No Parking Zone is
needed. Mr. Karp read the title of the Resolution. A motion was made by Council
Member Vandeveer, seconded by Council Member Gal1agher, and unanimously carried,
to dispense with further reading of the Resolution.
RESOLUTION NO. 1754
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING A "NO PARKING ZONE"
ON ~PORTION OF TRAFFIC WAY. (TRAFFIC WAY, AKA
APN 7-482-03). . .
On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and on
the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith -
NOES: None
ABSENT: None . .
the foregoing Resolution was passed and adopted the 10th day of April 1984.
STOP SIGN -- NORTHBOUND, BRISCO ROAD AT WEST BRANCH STREET
Mr. Karp said paving within the next few weeks on the stretch between
Festival Cinema and St. Patrick's School area will make continuous a frontage road
from Oak Park Road to the Library, parallel to and north of the freeway. He said
traffic coming under the bridge and turning left onto the freeway against traffic
coming from the School or Library creates a problem. The Parking and Traffic Com-
mission had recommended a Stop Sign on Brisco Road/Highway 101 intersection. Mr.
Karp read the title of the Resolution. On motion by Councilman Vandeveer, seconded
by Councilman Gallagher, and unanimously carried, to dispense with further reading
of the Resolution.
RESOLUTION NO. 1755
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING A BOULEVARD STOP SIGN
AT THE INTERSECTION OF BRISCO ROAD AT HIGHWAY 101
NORTHBOUND FREEWAY OFFRAMP..
On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and
on the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 10th day of April 1984.
EMERGENCY VEHICLE PARKING ONLY (ARROYO GRANDE COMMUNITY HOSPITAL)
Mr. Karp said the Parking and Traffic Commission studied establishing a zone
for persons admitting patients at the Emergency Room entrance, and recommended
a limited parking zone be established.: He referred to the draft of the Commission
Minutes dated 3/19/84.
Following Council discussion, Council agreed a one hour limited parking zone
was necessary for eight (8) spaces, to eliminate all day parking by neighbors and
hospital employees.
Mr. Karp read the title of the Resolution. A motion was made by Councilman
Millis, seconded by Councilman Vandeveer, and unanimously carried, to dispense
with further reading of the Resolution.
." RESOLUTI ON NO. 1756
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING SIXTY MINUTES PARKING
ZONE ON A PORTION OF FAIR OAKS AVENUE ENCOMPASSING
A MINIMUM OF EIGHT PARKING SPACES;
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CITY COUNCIL APRIL 10, 1984
ARROYO GRANDE, CALI FORN I A . PAGE FOUR.
On motion of Councilman Millis, seconded by Councilman Vandeveer, and on the
following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith.
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 10th day of April 1984.
ADOPTION OF ORDINANCE ESTABLISHING STANDARDS FOR SECOND RESIDENTIAL DWELLING
UNITS ON EXISTING SINGLE FAMILY LOTS
Planning Director Eisner read the title of the Ordinance. A motion was made
by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried,
to dispense with fur~her reading of the Ordinance.
ORDINANCE NO. 311 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE MODIFYING TITLE 9, CHAPTER 4 OF THE MUNICIPAL CODE
BY ADDING ARTICLE 40, STANDARDS AND CONDITIONS FOR SECOND
DWELLING UNITS IN SINGLE FAMILY RESIDENTIAL ZONES; AND
RELATED MODIFICATIONS TO ARTICLES 5, 6 AND 26.
On motion of Councilman Gallagher, seconded by Councilman Vandeveer, and
on the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith
NOES: None
ABSENT: None
the foregoing Ordinance was passed and adopted the 10th day of April 1984.
AMENDMENT TO ORDINANCE RE: INTERIM SCHOOL FEES--EXCLUDING SECOND DWELLING UNITS
City Manager Mack said he spoke with Dr. Hoaglund who said the School District
wishes to work with people who want to care for parents in their own homes, but
hope these units would not become a technique where school aged children would be
added to the homestead, or a means to evade school fees. The School District
does not have a formal posi tion to present .to' Counci I in this matter.
Mr. Mack said the Ordinance before Council simply excludes the second dwelling
units from paying the school fees. Council discussion followed, and Councilmen
Vandeveer and Hogan said they felt the second dwelling units should be excluded.
A motion was made by Councilman Gallagher, seconded by Councilman Millis, to leave
the School Fees Ordinance asit is, and the motion carried on a 3-2 vote, with
Councilmen Vandeveer and Hogan voting "No".
APPLICATION BY WOOD-VOAKES MORTUARY FOR SEWAGE DISPOSAL SERVICES
Mr. Mack said a response received from Regional Water Quality Control Board
provides that no non-domestic type waste discharges may be made in the septic
tank and that a holding tank would be required. The ho.lding tank material would
be pumped, transported and accepted at the City of Santa Maria waste water
treatment facility. . If Council approved a septic tank for domestic water uses
only at the site, it would have to be constructed and developed by coordinated
efforts of City and County, and all. laws and regulations would have to apply.
Council discussion followed. A motion was made by Councilman Vandeveer,
seconded by Councilman Hogan to approve the holding tank use in connection with
the septic tank, until such time as a sewer is available, and place only their
domestic waste on the septic tank system.
Councilman Millis moved that the motion be tabled until such time as certi-
fication is received from the people contacted stating that anything less than
connecting to the sewer line is.safe. The motion to table was seconded by Council
Member Gallagher, which supersedes all other motions, and on the following
requested roll call vote, to wit:
AYES: Councilmen Gallagher, Mi11is and Mayor Smith
NOES: Councilmen Vandeveer and Hogan
ABSENT: None
the motion carried.
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CITY COUNCIL. APRI L 10, 1984
ARROYO GRANOE, CAL I FORN I A . PAGE FIVE.
Further discuss ion by Counc i1 fo I lowed , and. Counc i I man Hogan recommended the
---..''''.. City contact the Water Quality Control Board for certification. Mr. Mack summarized
Counei 1 discussion on the subject,. that a septic tank permi t cannot be issued
~ecause Council has not made exception to the Municipal Code Sections that apply.
_.,......--Councilman Gallagher asked that another letter be addressed to the same parties
as originally contacted, to include the County Sanitation Engineer and the Water.
Quality Control Board, questioning the safety of a holding tank at the Mortuary.
Council was'addressed by JOE FORAKER, ARCHITECTS firm, who answered questions
and assured Council of the safety of both the holding tank and septic tank system.
HARRY VOAKES presented a letter to Council from Chapel of the Roses in
Atascadero, expressing no problems with the septic system used by them from
1929 to 1972. ~/
Mr. Mack stated that the item has been tabled and it will take at least three
votes by Council Members to bring the item back to Agenda. Mayor Smith confirmed.
PROPOSED AMENDMENT OF SEPTIC TANK APPROVAL CODE SECTIONS .-'
Councilman Millis said he asked for this item for discussion by Council. He
said when Council voted in the sewer system, to make it work financially, that
everyone in the City should be on the sewer; but exceptions have been made for
outlying area residents located 250 ft. from the sewer line. He said he felt the
original intent was that this exemption applied to residential uses only. He
asked if Counc i I wanted to insert words into the Ord i nance app I y i ng to res i dent i a I
areas only. Following Counei I discussion, a motion was made by Counci lman Hogan,
seconded by Councilman Vandeveer, to leave the Ordinance pertaining to sewers as
it is, and on the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Hogan and Mayor Smith
NOES: Councilman Millis
ABSENT: None
the motion carried.
MAYOR SMITH RECESSED THE COUNCIL FOR TEN MINUTES
ADOPTION OF RESOLUTION SUPPORTING FRE~ PUBLIC'ACCE5S TO'AREA.PUBLIC BEACHES
Counci Iman Mi 11 is said he supported the Resolution and hoped, if Counei I
adopted it, that copies be sent to officials in Sacramento and County Government
who might do something to support it.
Mr. Mack read the title of the Resolution. On motion by Councilman Gallagher,
seconded by Councilman Vandeveer, and unanimously carried, to dispense with further
reading of the Resolution.
RE50LUTI ON NO. 1757
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE PROMOTING PUBLIC USE OF THE PUBLIC
BEACH, GRAND AVENUE AREA, GROVER CITY, CALIFORNIA
WITHOUT FEE OR CHARGE.
On motion by Councilman Millis, secOnded by Councilman Vandeveer, and on the
following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith
NOES: None
ABSENT: None
. the foregoing Resolution was passed and adopted the 10th day of April 1984.
OAK PARK SAFETY REPORT
Mr. Mack said he had an independent evaluation of the Oak Park traffic
safety question by the Automobile Club of Southern California, which is supportive
of relocating the offramp. He said Mayor Smith and he would be meeting with
Assemblyman Seastrand to assist in expediting the offramp project.
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CITY COUNCil APR Il 10, 1984
ARROYO GRANDE, CALI FORN IA . PAGE SIX.
CALIFORNIA lOW lEVEL RADIOACTIVE WASTE AGREEMENT'
Mr. Mack said Mrs. Cattoir today requested that he contact Or. Kay Goldsmith,
State Health Department, Toxic Subdivision, regarding low. level radioactive waste.
Dr. Goldsmith informed that the State. cannot exclude low level radioactive waste
from' any other State wi thout an Interstate Compact; and Mr. Mack referred to his
mem60f Apri 1 10, 1984, explaining the subject In more detai I.
APPROVAL OF lOT SPLIT, PARCEL MAP AG 81-62 (SCHAFER)
Public Works Director Paul Karp posted Parcel Map AG 81-62, which he said Is
consistent wIth the General Plan, Zoning, and.conditional1y approved tentative map
of Mr. Schafer's lot spl i t. Mr. Karp recommended that Counci I accept the offer of
dedication, and approve the Parcel Map as outlined in his memo of April 4, 1984.
After Counci 1 di'sCuss ion, a motion was made by Counci Iman Vandeveer, seconded
by Councilman Hogan, to accept. recommendations by Public Wor.ks and Planning
Commission and approve lot Split Case No. 83-388, Parcel Map AG 81-62. The mot ion
was unanimously carried.
RESOLUTION ADOPTION SUPPORTING THE NURSING HOME PATIENTS PROTECTION ACT OF 1984
Mr. Mack said the Nursing Home Patients Protection Act of 1984 is a series of
legislative bi11s, and this action was requested by Mrs.. 'Jean Buckner, representa-
tive of the Gray Panthers organization.
Mr. Mack read the title of the Resolution. A motion was made by Councilman
Gallagher, seconded by Councilman Vandeveer, and unanimously carried, to dispense
with further reading of the Resolution.
RESOlUTI ON NO. 1758
A RESOLUTION OF THE CITY COUNCil OF THE CITY OF
ARROYO GRANDE TO SUPPORT THE NURSING HOME PATIENTS
. PROTECTIVE ACT OF 1984.
,. On motion.of.'Counci lman. Ga11agher, seconcled..by Counci I man Vandeveer, and on
the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith
NOES: None
ABSENT: None
the foregoi ng Reso 1 ut i bnwas passed and adopted the 1 Oth day of Apri I 1984.
EXCEPTION TO LEAVE POLICY FOR EDDIE MADRID
Councilman Millis made a motion, seconded by Councilman Hogan, to direct
City Manager Mack to handle this item as a personnel matter. The motion carried
unanimously.
APPOINTMENT TO DOWNTOWN PARKING ADVISORY BOARD
Mayor Smith appointed Mr. Dennis Allen, President, Production Credit Associa-
tion, to fill the vacancy on the Board. On motion by Councilman Millis, seconded
by Councilman Gallagher, and unanimously carried, approving. the appointment.
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SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT FINANCIAL REPORT
Councilman Millis said he would leave the report with the Mayor and/or the
City Manager for circulation to Council, from Bartle-Wells Associates on a
proposal for funding the expansion of the Sanitation District to a larger capacity
plant. He said fees are being collected (approximately $900,00.00 so far), but
are far short of the total cost of the next stage of plant expansion.
Mr. Karp said the totaJ cost of the project includes some in-plant modifica-
tions (electrical, aeration, solids handling) and will amount to approximately
$3! million, of which about $1 million is in the bank, and go to bond for $2 miJ1ion
to $2t mi II ion.
Councilman Millis said he wanted to bring before Council this method of funding
and if there is no objection by Council, he would like to vote to proceed with the
scheme of financing proposed by the Oistrict Consultant. The Bond service would
be funding from hookup charges (75%) and service charges (25%).
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CITY COUNCIL APRIL 10, 1984
ARROYO GRANDE, CALIFORNIA PAGE SEVEN.
PROCLAMATION OF ARBOR DAY
Mayor Smith proclaimed.April 25, 1984, as Arbor Day.
Councilman Hogan suggested having Parks and Recreation Department plant
som~ coastal redwood trees.
WRITTEN COMMUNCIATIONS
None
ORAL COMMUNICATIONS
Council Member Vandeveer said he questioned the method the roll call votes
are taken, and bel ieved they should be done alphabetically, as a large percentage
of other municipalit~~s do.
Council Member Millis.said it was pointed out to him there were 'no handicapped
parking spaces at the City's Community Building. He asked to have it checked out,
not only at that facility but at other City owned buildings as welL
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ADJOURNMENT TO CLOSED SESSION
Mayor Smith adjourned the Council to Closed Session at 9:57 P.M. .
RECONVENEMENT AND ADJOURNMENT
On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and
unanimously carried, to adjourn the Closed Session at 10:30 P.M.; Council
reconvened in Regular Session and adjourned at 10:31 P.M.
MAYOR
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ATTEST:
DEPUTY CITY CLERK