Minutes 1983-09-13
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CITY COUNC' L .-,
. SEPTEMBER 13, 1983
ARROYO GRANDE, CALIFORNIA 7:30 P./i.
The City Council met in regular session with Mayor Smith presiding. Upon
roll call, Council Members Lawrence Vandeveer, Matt Gallagher, Mark Millis and
Karl Hogan were present.
PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Hogan led the Pledge of Allegiance to our Flag. Reverend
AI Gorsline, United Methodist Church, delivered the invocation.
APPROVAL OF MINUTES
On motion of Councilman Millis, seconded by Councilman Gallagher, and
unanimously carried, the minutes of the August 23, 1983, meeting were approved
as presented.
APPROVAL OF CHECKS
On motion of Councilman Vandeveer, seconded by Councilman Hogan, and unani-
mously carried, Demand Checks No. 20661 through 20821 and No. P562 through P568
in the total amount of $283,970.13; and Payroll Checks No. 25759 through 25864,
in the total amount of $60,035.43, were approved for payment as presented by
Finance Director David Bacon.
RESOLUTION COMMENDING JERRY 5HIPSEY AS CITY ATTORNEY
In a brief ceremony, Mayor Smith and the City Council, honored City Attorney
Jerry Shipsey for his nineteen years of dedicated service and presented him with
a plaque and City Manager Mack read the Resolution extending congratulations.
On motion by Councilman Vandeveer, seconded by Councilman Millis, and on the
following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Hogan, Millis and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 13th day of September, 1983.
ORAL COMMUNICATIONS
DON BOGGESS, 1590 Sierra Drive, :said he was very concerned regarding the
intersections at Oak Park Bouleva'rd and Highway 101, which pose a great danger.
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FRED STEELE, 1598 Hillcrest Drive, said a continuous study is needed to
determine if signals are feasible for traffic control and flow at the interchanges
at Oak Park Boulevard and Highway 101.
After Council discussion, City Manager Mack was authorized to extend invita-
tions to City Staffs of Pismo Beach and Grover City; and to meet with CalTrans
representatives to discuss plans development and to report back to Council 10/11/83.
APPROVAL OF CONSENT AGENDA ITEMS
Councilman Vandeveer asked that Item #9 be withdrawn; City Attorney Shipsey
said Item #22 had been taken care of; and Councilman Gallagher requested Item #23
be withdrawn from the Consent Agenda.
On motion by Councilman Vandeveer, seconded by Councilman Gallagher and
unanimously carried, Consent Agenda Items #8, #10 through #21, with the exception
of Items #9 and #23, were approved as recommended. Item #22 was cancelled.
8. Minutes for Planning Commission Meetings of August 2 and 16, 1983, and
September 6, 1983. REVIEW AND FILE.
10. League of California Cities Legislative Bulletin No. 41 and others. REVIEW
AN 0 FILE.
II. Authorization to Purchase: Chain Saw and Rotary Mower for Parks Department.
RECOMMEND APPROVAL.
12. Declaration of Surplus: 1968 Reel Mower by Parks Department. RECOMMEND
APPROVAL.
13. Hospice of 5LO County Inc., Agreement. RECOMMEND AUTHORIZATION TO SIGN.
14. Human Relations Commission of South 5LO County Agreement. RECOMMEND
AUTHORIZATION TO SIGN.
IS. Harvest Bag, Inc., Agreement. RECOMMEND AUTHORIZATION TO SIGN.
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CITY COUNCIL SEPTEMBER 13. 1983
ARROYO GRANDE. CALIFORNIA PAGE TWO.
16. Hotline, Inc., Agreement. RECOMMEND AUTHORIZATION TO SIGN.
17. Minutes of SLO County and Cities Area Planning and Coordinating Council for
July 7, 1983. REVIEW AND FILE.
18. Minutes of South SLO County Sanitation District of August 17, 1983 and
Monthly Reports for July and August, 1983. REVIEW AND FILE.
19. Acceptance and Final Payment, Re. Sewer Main, Green Belt Area--Oak Park Acres.
RECOMMEND APPROVAL.
20. Fair Oaks Storm Drain -- Modification of Original Plans. RECOMMEND APPROVAL.- .
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21. Progress Payment--Deep Well and Blending System. RECOMMEND APPROVAL.
22. Payment Authorization Re. Legal Fees--Wells Case. RECOMMEND APPROVAL.
9. Departmental Monthly Report for August. 1983. REVIEW AND FILE.
Councilman Vandeveer commended each Department of the City, and especially
the. Police Department. on their accomplishments during the month of August.
23. Installation and Electrical Corrections Required for Exterior Lighting
at Fi re Station. RECOMMEND APPROVAL.
Councilman Gallagher requested Item #23 be withdrawn until further information
is gathered for the next Council meeting. On motion by Councilman Millis,
seconded by Councilman Gallagher, and unanimously carried, City Manager Hack was
directed to check out the warranty of the equipment, look into the situation and
report back to the Council at the next meeting.
OAK PARK CORRIDOR SPHERE OF INFLUENCE
City Manager Mack said LAFCO had established a Public Hearing date to hear
the matter of the Oak Park Corridor and Huber Ranch within the Sphere of Arroyo
Grande, on Thursday, at 9:00 A.M. at the County Court House. Mr. Mack and Planning
Director Eisner plan to attend the meeting.
Councilman Gallagher said the Christian School wants to be annexed to the City
but he is not certain Pismo Beach is willing to let the property go. Counci Iman
Vandeveer said he would like to see the School property included in the City's
Sphere, and he made a motion, seconded by Councilman Hogan, that Mr. Mack attend
the LAFCD meeting and request that the Dak Park Acres property outside the ~Ity
be included in Arroyo Grande's Sphere of Influence.
At this point, MR. LOU CABALLERO asked to address the Council, and gave each
Member a copy of a letter from South County Economic Development Association
addressed to LAFCO, which supports Council position regarding drainage of the
area. Mr. Caballero said he also represents the property owner, MR. RUE BEN KVIDT,
who wants his 155 acres included in the Arroyo Grande Sphere of Influence and
Sphere of Service.
Councilman Vandeveer repeated his motion, seconded by Councilman Hogan, to
have Mr. Mack ask LAFCO to include 155 acres of Oak Park Acres in the \:ity's
Sphere of Influence, and on the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Hogan and Mayor Smith
NOES: Councilman Millis
ABSENT: None
the above motion carried.
PUBLIC HEARING RE. NO PARKING ZONE ON NORTH SIDE OF GRAND AVE. {MID+STATE BANK VICINITY)
City Manager Mack said the posted map would indicate the proposed "No Parking"
Zone from the Magic Carpet Book Store to the easterly drive of Mid+State Bank,
involving eleven parking spaces. t
Mayor Smith said the Public Hearing had been duly published and all require-
ments met and the Public Hearin9 was opened.
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CITY COUNCIL -'
SEPTEMBER 13, 1983
ARROYO GRANDE, CALIFORNIA PAGE THREE.
DICK BLANKENBURG, 997 Magnolia Drive, said he and his brother have owned the
property located at 1040, 1052, '1054 and 1064 Grand Avenue for twenty years. He
said the problem to be resolved is speeding traffic on Grand Avenue, and suggested
moving the crosswalk, installing a flashing light, repainting the curbs; but
objected to losing more parking spaces.
W. H. HUBBARD, 251 North Elm, said he is concerned about the crosswalk, and I
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the danger of making a left turn onto Grand Avenue, but other alternatives are
leaving by the back exits provided, a flashing caution light, no left turn signs.
He asked Council to consider the handicapped people involved who need to park In
front of his business.
DR. MICHAEL ROHLA, 1054 Grand Avenue, said he had many patients In wheelchairs
who need to enter his location from the front of the building, and he objected.:to
losing any parking spaces on Grand Avenue.
WALT OCHNIAK, Manager, Mid+State Bank, said he feels right or left turns
onto Grand Avenue are hazardous, but thinks Council should consider excessive
speed on Grand Avenue, a blind curve and sight problems due to parking for
vehicles and pedestrians. Mr. Ochniak proposed reducing the speed limit, installing
a flashing yellow light at the two crosswalks in the area, increasing the red
curb area and putting up no parking signs; and perhaps restricting the exits to
right hand turns only.
Mayor Smith closed the public portion of the.hearing and restricted comments
to the Counc ii_
City Manager Mack said he would talk with SCAT about relocating their bus
stop and report the results to \he Council next meeting_
A motion was made by Councilman Millis, seconded by Councilman Gallagher to
eliminate four spaces in front of Mid+State Bank. Councilmen Vandeveer and Hogan
and Mayor Smi th voted aga i nst the.mot.ion.
A motion was made by Co~ncilman Millis, seconded by Councilman Gallagher to
have no left turns from Mid+State Bank's two exits onto Grand Avenue. Counc i I men
Vandeveer, Gallagher and Millis voted for the motion.and the motion carried.
A motion was made by Councilman Gallagher, seconded by Councilman Millis to
have no left hand turns from Blankenburg property exits onto Grand Avenue.
Councilmen Vandeveer and Hogan, and Mayor Smith voted against the motion.
A motion was made by Councilman Millis, seconded by Mayor Smith, to eliminate
ten parking spaces on Grand Avenue. Councilmen Vandeveer, Gallagher and Hogan
voted against the motion and the motion was defeated.
A motion was made by Councilman Hogan to place two stop signs,one eastbound
and one westbound for 90-day trial period and bring back to the Council. Motion
died for lack of a second to the motion.
A motion was made by Councilman Vandeveer, seconded by Councilman Hogan, to
have the Public Works Director study the possibility of moving the pedestrian
area, in conjunction with the appropriate signal (flashing I ight or stop signs).
Councilmen Vandeveer, Hogan and Mayor Smith voted for the motion and it carried.
A motion was made by Councilman Millis to study moving the crosswalk and
eliminating eight spaces, not counting two in front of the bookstore. Mayor Smi th
seconded the motion for discussion. Motion was defeated with Councilmen Vandeveer,
Gallagher, H09an and Mayor Smith voting against the motion.
A motion was made by Councilman Millis, seconded by Councilman Gallagher, to
eliminate seven parking spaces, not counting the Printing Shop and Book Store.
Councilmen Vandeveer, Hogan and Mayor Smith voted against the motion and the
motion was defeated.
A motion was made by Councilman Millis to eliminate the crosswalk in front
of the printing shop. The motion died for lack of a second.
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CITY COUNC I L SEPTEMBER 13, 1983
ARROYO GRANDE, CALIFORNIA PAGE FOUR.
Mayor Smith said Council needs to have a Resolution at the next meeting for
no left turns out of Mid+State Bank exits; and to report back from the Parking
& Traffic Commission regarding the pedestrian crosswalks.
COUNCIL TOOK A FIVE MINUTE BREAK AT 9:30 P.M.
PUBLIC HEARING-APPEAL OF LOT LINE ADJUSTMENT DENIED BY PLANNING COMMISSION
Public Works Director Paul Karp said the Planning Commission took action on
a lot line adjustment to deny Mr. Guidotti's request to realign lot lines on
pre-existing lots and that denial has now been appealed. Mr. Karp suggested
Council talk with City Attorney 5hipsey before taking any action.
City Attorney Shipsey cited Planning Director Elsner's memo regarding the
minor subdivision on Corbett Canyon Road, Lot Split Case No. 83-386, which
included land use and zoning maps of the area, which conform to the City's
General Plan, zoning Ordinance, and the State Subdivision Map Act, as well as
conditions which should be attached to the map if approved.
Several questions were asked by Council with regard to the effect of
approval of the lot line adjustment. The Public Works Director assured Council
that evidence had been provided to Staff which indicated that there presently
existed three individual parcels of land within the area mapped. The Counci I
asked Mr. McGillis to indicate to the Council the outlines of the existing
parcels and the proposal to realign those parcel 1 ines. The Staff indicated
that the resulting parcels would be the same number as presently existed. The
new parcels, however, would be rectangular in shape and have frontage on both
State 227 and Corbett Creek. All three resulting parcels would have a minimum
lot area in conformance with City zoning. Staff indicated that in order to
create additional parcels the owner would have to initiate new action at a
future date.
Mayor Smi th sa i d the Pub Ii c. Hea r i rig had been du I y pub I i shed and a 11 requ i re-
ments met and the public hearing was opened.
JIM McGILLIS, Surveyor, San Luis ~ngineering, said the lot line adjustment
would make it better for the future property owner, rather than inflict a long,
narrow lot, and pointed out on the map the existing lot lines.
HAZEL PINZE, 1182 Nacimiento, Grover City, the former owner of the property
said she was in favor of the lot line adjustment.
Mayor Smith closed the public portion of the hearing and restricted further
comments to the Council.
After Council discussion, Mayor Smith said she had no objection ,to:, lot
line adjustment subject to three conditions recommended by Planning Commission, ..,
plus the fourth condition that drainage plan be prepared and submitted Defore
any building permits are issued.
Councilman Gallagher made a motion that the lot line adjustment be denied.
Motion died for lack of second.
A motion was made by Councilman Hogan, seconded by Councilman Vandeveer, to
overturn the Planning Commission's denial and approve the lot line adjustment
subject to the conditions outlined in the Planning Director's memo of 8/9/83.
On the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Hogan and Mayor Smith
NOES: Councilmen Gallagher and Millis
ABSENT: None
the motion carried.
PUBLIC HEARING RE. APPEAL OF PLANNING COMMISSION DENIAL OF ZONE CHANGE
City Manager Mack said the public hearing was to consider an appeal by San
Luis Engineering (Agent for Fair Oaks Partnership) for amendment to Land Use
Element of General Plan and Zone Change, regarding property fronting Traffic Way,
Highway 101 and Fair Oaks Avenue. The Planning Commission had denied the zone
change request.
Mayor Smith said the public hearing had been duly published and all require-
ments met and the public hearing was opened.
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CITY COUNCIL -' SEPTEMBER 13, 1983
ARROYO. GRANDE, CALIfORNIA PAGE fiVE.
Mr. Karp noted that this property is sandwiched between Highway 101 and
Traffic Way. The General Plan recognizes this by identifying this area as
"Highway Service". As tourism grows in this area, the economic advantage of
'Visitor Servicing Commercial' will increase. This opportunity should not be
lost. Also, there are issues of noise impact to be considered. The highway,
the street and the City fire facility will impact any residential uses in that
concern.
JIM McGILLIS, San Luis Engineering, said the basic Issue .involved Is the
potential loss of revenue, in taking Highway Service property and making R-3
proper~y of it. He said there is a dire need for the proposed housing on the
4.5 acres behind the fire Station fronting on Highway 101. Mr. McGillis pointed
out on the map the proposed location of the restaurant, motel and apartments.
Mayor Smith closed the public portion of the hearing and restricted further
comments to the Council.
After Council discussion, City Manager Hack read the Resolution of the
Planning Commission recommending denial of General Plan Amendment and Zone Change
Application No. 83-371. A motion was made by Councilman Gallagher for Council
to deny the Application, to include the three conditions set forth by the Planning
Commission, and Hayor Smith seconded the motion for discussion. Then a motion was
made by Councilman Millis, seconded by Councilman Vandeveer to amend the above
motion to include the words ''without prejudice"; but after Council discussion
the latter motion was withdrawn.
On the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Hillis and Hayor Smith
HOES: Councilman Hogan
ABSENT: None
the motion carried to uphold the Planning Commission's denial of Zone Change
Appl ication No. 83-371 with the three conditions contained in the Resolution of
the Planning Commission." c. .
LETTER REQUEST BY ED CHADWELL RE. DOWNTOWN PARKING ASSESSMENT fEES
ED. CHADWELL, 290 Ridgeview Way, owner of Arroyo Grande Hardware & Mercantile
Company, said he would like Council to authorize his purchase of twelve parking
spaces for $2,000.00 each from the City.
After Council discussion, a motion was made by Councilman Vandeveer,
seconded by Counci Iman Hogan, for Counci I to accept on a "grandfather clause"
basis for those businesses that were doing business and had a shortage of parking
spaces, that Council provide them the opportunity to come in and buy spaces from
the City for $1,000.00 each for a period of six months; if the'spaces are not
bought within six months, they they go on sale for $3,000.00. Council felt the
motion would apply only to one person and against what is written in the
Resolution based upon an Ordinance. The legality of the action was questioned.
After further Council discussion, a following motion taking priority was
made by Councilman Millis, seconded by Councilman Gallagher, and unanimously
carried to table the item until next Council meeting.
REPORT ON TALLY HO CREEK GRAOING
Public Works Director Karp .said his memo to the Council had summarized what
had transpired at Tally Ho Creek, and that property owner, Mr. Guidotti, was
present to answer questions; and comments from the regional Water Quality Control
Board have been received in writing.
After Council discussion, Mr. Guidotti assured Council that he is fully
insured and bonded to cover the cleaning out of the Creek that he has done on
his property.
fIRST READING. Of PROPOSED ORDINANCE ESTABLISHING CITY'S ELECTION DAY
City Attorney Shipsey read the proposed Ordinance title relating to estab-
lishing the Statewide General Election Day as the City's General Municipal
Election Day. A motion was made by Councilman Vandeveer, seconded by Councilman
Gallagher and unanimously carried, to dispense with further reading of the
Ordinance. Mayor Smith said that constituted the first reading of the Ordinance.
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CITY COUNCIL SEPTEMBER 13. 1983
ARROYO GRANDE, CALIFORNIA PAGE SIX.
RECOMMENDED CHANGE TO WATER METER READING PROCESS
City Manager Mack said Council directed a study be performed to determine
the most efficient process of water meter reading. Mr. Mack recommended that
Council authorize solicitation of bids from water meter reading contract'services.
A motion was made by Councilman Hogan, seconded by Councilman Gallagher,
and unanimously carried to authorize solicitation of bids as recommended.
APPOINTMENT OF EMERGENCY PLAN REVIEW COMMITTEE MEMBERS
Mayor Smith said the list submitted to Council were the people who had
asked to be on the Committee, all of them from different areas of the City, and
some with expertise in Civil Defense functions,. and Red ,Cross disaster experience,'
for example. Police Chief Jim Clark will Chair and schedule COlMlittee meetings'
and return to the Council some recommendations for an Emergency Plan by the
first Council meeting in December.
COUNCIL CHAMBERS LEASE WITH ALCOHOLICS ANONYMOUS
City Manager Mack said the lease with Alcoholics Anonymous would expire
October 4, 1983, and he would like Council's approval for renewal of the lease.
A motion was made by Councilman Vandeveer, seconded by Councilman Gallagher,
and unanimously carried, to renew the lease with AlcoholIcs Anonymous for one
year.
RESOLUTION ESTABLISHING ANNUAL PURCHASE ORDER WITH STATE, RE. VEHICLE TIRES
City Manager Mack read the title of the Resolution authorizing the purchase
of vehicle tires. Council directed Mr. Mack to determine the service fee to be
charged on the purchase. 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.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANOE AUTHORIZING THE DEPARMENT OF GENERAL
SERVICES OF THE STATE DF CALIFORNIA TO PURCHASE
VEHICLE TIRES
On motion of Councilman Gallagher, seconded by Councilman Vandeveer, and
on the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Hogan, Millis and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 13th day of September 1983.
AWARD OF BIOS FOR COMMUNICATIONS EQUIPMENT
City Manager Mack said all communication equipment had been lumped into one
package for bidding on a yearly basis and thereby getting better prices quoted.
He sa id a securi ty system wi II be i nsta l1ed at the Fi reStation before any com-.:'
munication equipment goes in. After a test trial period, Council may want to
consider the same security system for City Hall also.
On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and
unanimously carried, approving the request for communications equipment bids.
WRITTEN COMMUNICATIONS
City Manager Mack said the letter from Bill Lackey of September 1, 1983,
regarding water pressure was presented for consideration by Council. Mr. Mack
did not recommend installation of a water line regulator, and Council agreed.
Mr. Karp said the reservoir was built at the same elevation as the other one
had been.
ORAL COMMUNICATIONS
, Councilman Vandeveer said it had been reported to him that there is a
swamp condition in Mineral Creek, which needs to be drained, as it is creating
a very offens i ve odor. Mr. Mack said he knew the location and recommended that
offended citizens be referred to their Association for handling.
Councilman Hogan said the Building Department is understaffed and suggested
hiring additional qualified help. Council discussed and said the Building Dept.
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C!TY COUNC I L SEPTEMBER 13, 1983
ARROYO GRANDE, CALIFORNIA PAGE SEVEN.
had agreed previously to bring their needs to the Council if and when it became
necessary. Council agreed to wait for.a request from the Building Department.
Councilman Gallagher said the Stop sign on Tally Ho Drive is reportedly
being ignored and the residents of the area would like additional police
monitoring made.
Councilman Gallagher asked if people come in to Planning Commission and
request not to have curbs and sidewalks installed, is there a policy decision
that everyone will have curbs and sidewalks, and any exceptions would have to
come before the Council. He was specifically speaking of Brisco .area. Mr. Karp
said curbs, gutters and sidewalks would be an automatic thing at Brisco unless ,
it creates a drainage problem, at which time the Director of Public Works can'
relieve them of curbs, gutters and sidewalks.
ADJOURNMENT .'
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The regular session adjourned to Closed Session at 11:50 P.M.
RECONVENEMENT AND ADJOURNMENT ..,-
Council reconvened from Closed Session, with all members present.
City Manager Mack announced that the City would have a public announcement
next Tuesday regarding the appointment of a new City Attorney; and status of
the meet and confer process/with Arroyo Grande Police Officers' Association.
Council Member Gallagher moved, with a second by Council Member Millis
that the Closed Session be adjourned. Motion passed unanimously.
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MAYOR
ATTEST:
DEPUTY CITY CLERK
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