Minutes 1984-03-27
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CITY COUNC I L MARCH 27, 1984
ARROYO GRANDE, CALIFORNIA 7:00 P.M.
The City Council met in Regular Session with Mayor Smith presiding. Upon
roll call Council Members Lawrence Vandeveer, Matt Gallagher, Mark Millis were
present, and Karl Hogan was absent. . The Council viewed a slide presentation
regarding "Community Design and Overview", narrated by Planning Oirector Eisner.
PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Pro Tem Gallagher led the Pledge of Allegiance to our Flag. The
invocation was delivered by Father Michael O'Sullivan, St. Patrick's Church.
APPROVAL OF MINUTES
On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and
unanimously carried, the minutes for the meeting of March 13, 1984, were approved
as presented.
APPROVAL OF CHECKS
On motion by Councilman.Vandeveer, seconded by Councilman Gallagher, and
unanimously carried, Demand Checks No. 22087 through 22179, in the total amount
of $214,889.86; and Payroll Checks No. 27251 through 27350, in the total amount
of $ 77.330.86, were approved for payment as presented by City Manager Mack. I
PRESENTATION TO INE5 DEL CAMPO, CITY CLERK FROM 6/12/73 TO 2/29/84
Mayor Smith thanked Mrs. del Campo for her lOt years as an elected public
servant and presented her with a commemorative plaque. The newly appointed
City Clerk, Mrs. Nancy A. Davis, was introduced and welcomed.
ORAL COMMUNICATIONS
DON BOGGESS, Sierra Drive, addressed the Council regarding the Oak Parkl
Highway 101 intersection problems, and said he felt Cal Trans should be sparked
into action on eliminating the Northbound off ramp or relieving the safety threats
of the area. Development in the area of the intersection (Toucan Terrace,
Sheraton Hotel, Festival Theaters) will add to the burden, and he said he felt
immediate affirmative action is in order.
MARIE CATTOIR, Orchid Lane, said there is a tentative contract between
Arizona and California, about to go to the legislature for approval, regarding
low level radioactive waste disposal. She said a copy of the Agreement ha~
been requested and should be forthcoming, and she will turn it over to the City.
She asked Council to find a way to express concern for the community on this
issue. Councilman Millis asked Staff to get more information on the subject.
ELLA HONEYCUTT, Oak Hill Road, expressed her concerns regarding Diablo
Canyon Nuclear Energy Plant; and the closing of Grover City Beach.
A motion was made by Councilman Millis, seconded by Councilman Gallagher,
and unanimously carried, to draft a Resolution strongly stating Council 's
objection to the charging of fees for beach use.
BARBARA METZ, 240 Aspen Street, publicly thanked the Council for their
concern and the Letter of Support regarding the housing problems of the residents
of the Aspen Street apartment complex. She said the new owners had responded and
are willing to accept HUD subsidies, if they come through. She said they had not
yet heard from HUD regarding appropriation of the special fund requested, but
letters from Senators, Congressmen,., California's Lt. Governor, and Vice President
George Bush, had gone forward supporting the cause.
CONSENT AGENDA
A motion was made by Councilman Vandeveer, seconded by Councilman Millis,
to accept Consent Agenda Items #8 through #19, as recommended. Ouring discussion
that followed, Councilman Millis said he would like clarification at the next
Council meeting on the subject of bonding; such as, who is bonded, for how much
and by whom, and to have the report on bonding as a regular item on the Agenda.
Councilman Gallagher said he liked the concept that when the City gives
money to agencies of the General Revenue Sharing Group, they give something back,
for example the performance of the Symphony Association of San Luis Obispo County.
Mayor Smith called for a vote on the motion to accept Consent Agenda Items
as recommended and the motion was unanimously carried.
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CITY COUNCIL MARCH 27, 1984
ARROYO GRANDE, CALIFORNIA PAGE TWO.
8. Proclamation of CA Child Abuse Prevention Month - April, 1984. RECOMMEND
MAYOR SO PROCLAIM.
9. Proclamation of March of Dimes Day in Arroyo Grande on April 28, 1984.
RECOMMEND MAYOR SO PROCLAIM.
10. Notification of Beautification Award to City of Arroyo Grande, i.e. ,
50to Sports Complex Planning and City-Wide Beautification. REVIEW AND FILE.
11. City Clerk - Official Oath of Allegiance by Nancy A. Davis, and Official
Deputy City Clerk Appointments of Robert Mack and Virginia L. Culp.
REVIEW AND FILE.
12. League of California Cities:
(a) Legislative Bulletins Nos. 10 and 11-1984. REVIEW ANO FILE.
(b) Channel Counties Division--Minutes of, and attachment to, Minutes
of February 17, 1984. REVIEW AND FILE.
13. Sonic Cable Television--Statement of Gross Receipts for 1983. REVIEW AND
FILE.
14. Grant Application for Traffic Safety Study. REVIEW AND FILE.
15. Authorization for Proposals to Provide Planning for Right of Way Acquisi-
tion and Construction of Le Point Street Extension from Nevada to Larchmont.
RECOMMEND APPROVAL.
16. Agreement Between SLO County Symphony Association and City--Revenue Sharing
Funds 1984/85. RECOMMEND APPROVAL.
17. Minutes and/or Answered Agenda: REVIEW AND FILE.
(a) Planning Commission Meeting of March 20, 1984.
(b) Parking & Business Improvement Advisory Board--Minutes of February
23, 1984 and March 15, 1984.
(c) Parks & Recreation Commission--5ummary of March 13, 1984 Meeting and
Minutes of February 29 and February 15, 1984 Meetings.
(d) South San Luis Obispo County Sanitation District Meeting of March 7,
1984.
(e) Zone 3 Advisory Committee--Notes of February 16, 1984 Meeting.
18. Revenue Sharing and the Handicapped. INFORMATIONAL ONLY.
19. Letter from FEMA. INFORMATIONAL ONLY.
EXPEDITING PUBLIC HEARINGS OF PLANNING COMMISSION AND CITY COUNCIL
City Manager Mack said he and the Planning Department, in trying to. expedite
citizen planning requests requiring public hearings before the Planning Commission
and the City Council would like to conduct a test program to advertise both
public hearings in the newSpaper at the same time, thereby reducing the publica-
tion costs and expedite the application process for applicants and the public.
He asked Council's concurrence in testing this concept to see if it is workable.
Mr. Eisner added this would apply to matters that normally come to the City Council
such as: General Plan Amendments, Zone Changes, and Use Permits in the P-D Zone.
Councilman Millis commended Staff for the innovative ideas, but felt the
concept should not be adopted. Councilman Vandeveer said it was a good idea,
and it works in other cities, and he felt it should be tried. Councilman Gallagher
said the residents of Arroyo Grande had shared the development of the City over
the years and shown real concern; and although he like the idea, hoped that
problems could be foreseen and overcome, regarding the public hearing advertisements.
Mayor Smith said the public should not be barred from any proceedings and.
since this is a new idea she could not object to trying the new method for two
months. If things run smoothly without cutting out the public and getting their
input, it would be money saving and she would support it on a trial basis for
two months and have Council review it.
ELLA HONEYCUTT, expressed concern that the new concept would cost the public
time and money in attending meetings that are continued, and result in the public
losing interest and effect.
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C!TY COUNC I L MARCH 27, 1984
ARROYO GRANOE, CALIFORNIA PAGE THREE.
Councilman Gallagher made a motion to table the item, to enable CounciT
to get more input, and bring it back at another date. Councilman MilTis seconded
the motion to table the item for two more meetings. Mayor Smith called for a
vote, which carried, with Councilman Vandeveer abstaining.
Mr. Mack clarified to the Council that the item is tabled until a Counci I
Member again introduces it for discussion.
PUBLIC HEARING TO CONSIOER AMENDMENT TO ORDINANCE NO. 221 C.S. TO MODIFY OENSITY
AND CONCEPTUAL MASTER OF PLAN OF P-D DISTRICT OF OAK KNOLL DEVELOPMENT
Planning Director Eisner said this matter has been held at the Planning
Commission and continued for two weeks. Mayor Smith continued the Council Public
Hearing for two weeks.
CounciTman Millis made a motion that when Planning Commission takes action
on this item and it is ready to come before the Council, it be readvertised as a
Pub I ic Hearing. Councilman Gallagher seconded the motion, which was carried on a
3-1 vote, with Councilman Vandeveer voting "no".
PUBLIC HEARING TO CONSIDER APPLICATION FOR MINOR SUBDIVISION WITHIN OAK KNOLL
VENTURES DEVELOPMENT IN THE P-D DISTRICT
Mayor Smith said the Planning Commission had not yet taken action on this
item and it was'continued for two weeks,also.
A motion was made by Councilman Millis, seconded by Councilman Gallagher,
that when the Planning Commission had taken action, and the matter is to come
before the Council, it be,readvertised as a Public Hearing in the usual manner.
The motion carried on a 3-1 vote with Councilman Vandeveer voting "no".
PUBLIC HEARING TO CONSIDER AMENDMENT TO ZONING OROINANCE NO. 24 C.S. TO ESTABLISH
STANDARDS FOR SECONO RESIDENTIAL DWELLING UNITS ON EXISTING SINGLE FAMILY LOTS.
Mr. Eisner said the State Legislature had two bills last year (Bill 1160
and 1534) added to the Government Code, adding second units to single famiTy
deve Topmen to According to a Letter of Request received 65 days ago for the so-
calTed "Granny FTat", the City had 120 days to reply to the Mello legislation.
Mr. Eisner introduced Ms. Linda Stonier, Housing Planner for the City, who has been
working on updating the housing element and preparing a proposed Ordinance for
consideration by Council on the second dwelling units.
Ms. Stonier explained the guidelines allowed by the Tegislation for imple-
mentation to allow for second units on single famiTy lots as prescribed by law;
or to preclude by Ordinance the second units as prescribed by law; and the third
option is: if within 120 days of the first application, the City has neither of
the aforementioned Ordinances, the City must use the State standards which are
set out by law to review the project and approve it. The Planning Commission has
reviewed and held a public hearing on the Ordinance now before Council, which'
permits second units by conditionaT use permits. On question, Ms. Stonier
stated that no age limit is included in the Ordinance because of a legal techni-
ca T i ty.
Mayor Smith said the notice of public hearing had been duly published and
requirements governing hearings had been met and the hearing was open.
ELLA HONEYCUTT, Oak HiTI, asked if Council is alerting the property owners
at the time of getting a permit, that if they use this change or conversion they
wiT1 Tose their Proposition 13 tax break. City Attorney Shaw said he did not
think the property owners would lose the tax break.
MARIE CATTOIR, Orchid Lane, said she felt the pubTic needed more time to
study the issue.
No other speakers came forward, and Mayor Smith closed the pubTic portion
of the hearing.
Mr. Shaw said if .the City does not adopt something within the 120 days,
the weaker standards of the State will apply, rather than the I-leTl-wri tten
Ordinance before Council.
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CITY COUNCIL MARCH 27, 1984
ARROYO GRANOE, CALIFORNIA PAGE FOUR.
Council discussed the matter, and questioned the effect of school fees on
the second dwelling units. City Attorney Shaw said the School Ordinance would
have to be amended.
Mr. Eisner read the title of the Ordinance. A motion was made by Councilman
Millis, seconded by Councilman Vandeveer, .and unanimously carried, to dispense
with further reading of the Ordinance.
Mayor Smith said that constituted the First Reading of the Ordinance.
COUNCIL RECESSED FROM 8:45 P.M. TO 8:50 P.M.
APPROVAL OF TRACTOR AND MOWER PURCHASE FOR PARKS AND RECREATION DEPARTMENT
City Manager Mack requested approval of the Council to award the bid for a
tractor for Parks & Recreation in the amount of $8,029.50; stating the excess
money from the budgeted amount of $7,400. would be absorbed by Parks & Recreation
budget. He said the reason for the recommendation to purchase this particular
piece of equipment is because, after careful review by the Parks Foreman and the
City Mechanic of the bids, this is the best choice.
A motion by Councilman Gallagher, seconded by Councilman Vandeveer, and
unanimously carried, was to approve the recommended purchase of the tractor in
the amount of $8,029.50.
APPLICATION BY WOOD-VOAKES MORTUARY FOR SEWAGE DISPOSAL SYSTEM/SERVICE
City Manager Mack said a telephone survey of all mortuaries in the yellow
pages in the County revealed there were none not on a public sewer system. He
said letters had been sent to several agencies requesting their opinions and
information on the question of septic tank vs. sewer service. He said one
response by telephone, from John Stutz, Deputy Administrator for Fruit & Vegetable
Qaul i ty Control Board, stated there was nothing in his Department's jurisdiction -
that provided any type of insight into the questions. Mr. Stutz had checked with
the Pesticide/Insecticide Division, which had no information on the subject.
Mr. Mack said a communication from Wood-Voakes Mortuary was received this date,
which basically suggests there might be other alternatives, such as, a separate
holding tank which would be pumped at regular intervals.
Mayor Smith said answers to the various letters had not been received,
except for the one telephone call; but that Mr. Voakes had asked for the matter
to be resolved at this Council meeting. She said this was not a Public Hearing
but she would welcome comments from the public.
TOM HIGDON, 183 Fairview Drive, said he was very concerned about the dumping
of wastes that could get into the drinking water.
MARIE CATTOIR, Orchid Lane, said she was concerned about Council setting a
precedent by approving a septic .tank for a commercial venture; and that the
Mortuary would be doing themselves a great di.sservice, if the public conceives
their proposal as hazardous. She felt the Mortuary should go to the extra
expense and effort of connecting to the sewer and preserving their publ ic image
of caring about the community and the people.
Considerable Council discussion followed. A motion was made by Councilman
Millis, seconded by Mayor Smith for further discussion, that when Wood-Voakes
Mortuary builds its new facility, they be required to connect with the City sewer.
Council Members agreed to delay any action until answers are received from the
experts contacted. Mayor Smith asked for a vote on the motion and on the following
roll call vote, to wi t:
AYES: Councilman Millis and Mayor Smith
NOES: Councilmen Vandeveer and Gallagher
ABSENT: Councilman Hogan
no action could be taken and the same issue wi 11 be on the next Agenda.
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CITY COUNCIL MARCH 27, 1984
ARROYO GRANOE, CALIFORNIA PAGE FIVE.
1984/85 BUDGET FOR THE CITY
City Manager Mack said no decision was necessary at this time regarding the
General Revenue Sharing Funds, but called attention to the requests made by
various organizations and his recommendations for each.
Mr. Mack suggested changes in the Human Relations Commission Agreement for
the coming year and solicited amendments from Council before contact is made with
the Commission for the next year. Mr. Mack said the same holds true with the
Chamber of Commerce Agreement. He said he proposes several changes, and invited
Council comments.
Mayor Smith commented she would question the Harvest Festival Agreement,
and said she would like to take it back to Committee to check on Chamber of Commerce
participation in certain items.
Mr. Mack said finished contracts would not be brought back until Council
had adopted the 1984/85 Budget, which then .provides for the specific sums to be
inserted into the Agreements.
OAK PARK TRAFFIC REPORT
Mr. Mack said a Bill (AB 2641), called "Cal ifornia Publ ic Improvement" is
before the State Legislature; and requested Council to authorize Letters of Support
for the Bill. He said that a study of the intersection off ramp by Cal Trans
would take approximately three years, which would include E. I.R. and new right
of way agreements.
Councilman Millis suggested working with Grover City and Pismo Beach,
presenting the problem to Assemblyman Eric 5eastrand along with a tour of the
problem area, and ask Mr. Seastrand to take the matter into the Governor's Office
for serious consideration.
AOOPTION OF RESOLUTION AUTHORIZING SALE OF PROPERTY
City Attorney Shaw read the title of the ResoJut;on. A motion was made by
Councilman Gallagher, seconded by Councilman Vandeveer, and by roll call vote
with Councilman Millis voting "No", to dispense with further reading of the
Resolution. Mr. Shaw read the Resolution in full.
RESOLUTION NO. 1751
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AUTHORIZING THE SALE OF CITY
OWNEO REAL PROPERTY AT 1425 25TH STREET, OCEANO.
On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and
on the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher and Mayor Smith
NOES: Councilman Millis
ABSENT: Councilman Hogan
the foregoing Resolution was passed and adopted this 27th day of March, 1984.
ADOPTION OF RESOLUTION OF NECESSITY FOR ACQUISITION OF RIGHT OF WAY
City Attorney Shaw said the Resolution relates to starting eminent domain
proceedings on three easements needed on three pieces of property for Fair Oaks
storm drain. Mr. Shaw 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. 1752
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE OETERMINING THAT THE PUBLIC
INTEREST AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN LANO ANO OIRECTING THE FILING OF
EMINENT OOMAINPROCEEDINGS.
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CITY COUNC I L MARCH 27, 1984
ARROYO GRANDE, CALIFORNIA PAGE SIX.
On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and
on the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Millis and Mayor Smith
NOES: None
ABSENT: Counc i1 man Hogan
the foregoing Resolution was passed and adopted this 27th day of March, 1984.
ADOPTION OF ORDINANCE TO AMEND ZOrllNG ORDINANCE RE: MINIMUM YARO REQUIREMENTS
City Manager Mack read the title of the Ordinance. On motion by Councilman
Gallagher, seconded by Councilman Vandeveer, and unanimously carried, to dispense
with further reading of the Ordinance.
ORDINANCE NO. 310 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE ARROYO GRANDE
MUNICIPAL CODE BY AMENDING SECTION 9-4.90B(b)
OF CHAPTER 4, TITLE 9, RELATING TO THE
MULTIPLE FAMILY RESIDENCE (R-3) DISTRICT.
On motion by Councilman Vandeveer, seconded by Councilman Millis, and on
the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher; Millis and Mayor Smith
NOES: None
ABSENT: Councilman Hogan
the foregoing Ordinance was passed and adopted this 27th day of March 1984.
AWARO CONTRACT RE: TEMPORARY PAVING ON WEST BRANCH STREET
Mr. Mack said the E-Z 8 Motel developers .agreed to put up $15,000.00 for
the temporary paving of that section of West Branch Street from the Festival
Enterprises theater site to the Brisco Road intersection, and to be completed
when the theater opens (mid-May). He said an initial quote of $36,000.00 was
received from one contractor and Mr. Karp was able to get quoted $20,000.00 cost
for the job. The E-Z B Motel has not yet paid the $15,000.00, and suggested
Council authorize going ahead with the $20,000.00 paving job in order to meet
the timetable. He said City would have to fund the project until E-Z 8 Motel
comes in for their permit.
On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and
unanimously carried, accepting Staff recommendation concerning the temporary
paving contract award.
REQUEST BY FARMERS MARKET FOR USE OF CITY HALL PARKING LOT
Mr. Mack said City had a request from Farmers Market to uti1ize the City
Hall parking lot from 6:00 to 9:00 P.M. on Tuesday evenings. Mr. Mack recommended
the use of the parking lot be for a six month period of time, during which they
will determine if they wish to continue with the use of Strother Park on Wednes-
day. Council discussion revealed that Tuesday was not an acceptable day and
decided to allow the use on Wednesday instead.
JOHN TURNER, Manager of Farmers Market Association, said he would be able
to accept Wednesday as offered, but the Board would have to act on the recommenda-
tion.
On motion by Councilman Gallagher, seconded by Councilman Vandeveer, and
unanimously carried, making the parking lot behind City Hall available for the
use by Farmers Market Association on ~/edncsdays from 6:00 to 9:00 P.M.
ADOPTION OF RESOLUTION IN SUPPORT OF AN INITIATIVE ORDINANCE REQUIRING ELECTORATE
APPROVAL OF OFFSHORE OIL SUPPORT ACTIVITIES IN THE PORT OF SAN LUIS HARBOR DISTRICT.
Hayor SOl; th said she had been contacted to support a Resolution to allow
the electorate to vote on the issue.
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CITY COUNC I L MARCH 27, 1984
ARROYO GRANDE, CALIFORNIA PAGE SEVEN.
City Attorney Shaw read the title of the Resolution. On motion of Council
Member Gallagher, seconded by Council Member Millis, and unanimousJy carried,
to dispense with further reading of the Resolution. Councilman Vandeveer said
he felt this was a political issue and Council should not be involved and,
therefore, he could not support the Resolution.
RESOLUTI ON NO. 1753
'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
'ARROYO GRANDE IN SUPPORT OF AN INITIATIVE ORDINANCE
FOR THE PORT OF SAN LUIS HARBOR DISTRICT REQUIRING
ELECTORATE APPROVAL OF OFFSHORE OIL SUPPORT
ACTIVITIES IN THE HARBOR.
On motion by Councilman Gallagher, seconded ~y Councilman Millis, and on
the following roll call vote, to wit:
AYES: Councilmen Gallagher, Millis and Mayor Smith
NOES: Councilman Vandeveer
ABSENT: Councilman Hogan
the foregoing Resolution was passed and adopted this 27th day of March 1984.
WRITTEN COMMUNICATIONS
City Manager Mack informed the Council that Diedre Foat had resigned from
the Blue Ribbon Committee, and that Chuck Burns had given verbal resignation
from the Downtown Parking Advisory Board. Mr. Mack asked if Council wanted the
vacancies put on the next Agenda for appointments. Mayor Smith said recommenda-
tions wouJd be coming from the Board for consideration at the April 10, 1984
Council meeting. Council agreed not to replace Diedre Foat on the Committee,
but directed a Letter of Appreciation be written to her for her service.
ORAL COMMUNICATIONS
Councilman Millis asked for a report at the next Council meeting regarding
parking at the Emergency Room Entrance of Arroyo Grande Community Hospital. He
said one of the alternatives recommended was to create several parking spaces
along Fair Oaks Avenue near the entrance, and designate them for emergency uses
only with two-hour parking limits.
Councilman Vandeveer asked Mr. Mack to deal with Mr. Diaz and the problem
regarding horses in the area of 234 Tally Ho Road, and exceeding the Ordinance
requirements for the zoning. Councilman Millis said there were other areas in
the City that are potential health hazards (garbage, etc.) and asked if there
is anything the City can do, other than refer it to the County Health Officer.
City Attorney Shaw said the County Health Officer is also designated the City
Health Officer to enforce a Resolution on the problems.
TOM HIGDON, 183 Fairview Drive, referred to the Wood-Voakes application
for sewage disposal system, and asked if this was the first permit of this type
issued by the City since the sewer system was installed. Mayor Smith said it
was the first commercial permit but not the first residential reques t. Mr.
Higdon then asked how many signatures are required to get this on the ballot
and before the people. Mr. Mack said he would have to research the question
in order for the City to provide an answer. City Attorney Shaw said he felt
the initiative petition should be used to change an existing Ordinance.
ADJOURNMENT TO CLOSED SESSION
Mayor Smith adjourned the Regular Session to Closed Session at 10:35 P.M.
RECONVENEI1ENT AIm ADJOURNMENT
The CJosed Session adjourned at 11:03 P.M.; the Regular Session reconvened
immediately and adjourned at 11:05 P.M.
MAYOR
ATTEST:
DEPUTY CITY CLERK
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