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Minutes 1981-09-08 46 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 8, 1981 The City Council met in regular session with Mayor Pope presiding. Upon roll call, Council Members B'Ann Smith, Karl A. Hogan, Mark M. Millis, and Lawrence E. Vandeveer reported present.. PLEDGE OF ALLEGIANCE Council Member Smith led the Pledge of Allegiance. to our Flag. Thereafter, Council Member Millis delivered the-invocation. APPROVAL OF MINUTES On motion of Council Member Vandevee~, seconded by. Council Member Smith, it was unanimously voted to approve the minutes of August 25,.1981 as presented. u APPROVAL OF WARRANTS .On motion of Council Member Smith, seconded by Council Member Vandeveer,',and unanimously carried, Demand Warrants #15834 through #15919 and #P204 through #P224 in the amount of $268,663.32 and Payroll Warrants #20571 through #20676 in the amount of $51,436.82 were approved and ordered paid. APPROVAL OF CONSENT AGENDA ITEMS On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to approve the Consent Agenda items with the recommended courses of action. A-I. Receipt of Resolution of California State Legislature, Requesting all Californians to Celebrate Tuesday, October 7, 1981, as National Guard Day, and also to Honor the Men and Women for their service in the National Guard at home, statewide and nationwide. RECOMMEND MAYOR MAKE SUCH DECLARATION TO ALL CITIZENS IN ARROYO GRANDE. A-2. Receipt of Legislative Bulletins of League of California Cities, Nos. 26, 27 and 28. RECOMMEND REVIEW; APPLICABLE ACTION, IF ANY; AND FILE. A-3. Receipt of Planning Commission's Answered Agenda for the Meeting of September I, 1981. RECOMMEND REVIEW AND FILE. A-4. .Request to Set Date for Public Hearing on Appeal of Planning Commission's Decision on Proposed Rezoning Case No. 81-158, "A" District to "RS" District, Near Branch Mill Road and Flora Road, Poole and Head. RECOMMEND APPROVAL OF SEPTEMBER 22, 1981 FOR PUBLIC HEARING. A-5. Request to Set Date for Public Hearing on Request for Proposed Zoning Change from "RA-B3" to "RA-B2", 181 Tally Ho Road, Rezoning Case No. 79-124, Shigenaka. RECOMMEND APPROVAL OF SEPTEMBER 22, 1981 FOR PUBLIC HEARING. A-6. Receipt of Departmental Monthly Report for the Month of August, 1981. RECOMMEND REVIEW AND FILE. J A-7. Recommendation by Director of Public Works for Final Acceptance by City Council of Tract Improvements for Tract No. 555, Unit Two, Oak Crest Associates, State coach Road off Huasna Road). RECOMMEND APPROVAL AND FINAL ACCEPTANCE BY CITY COUNCIL OF SUBJECT IMPROVEMENTS. A-8. Request to Set Date for Public Hearing on Appeal of Planning Commission's Decision on Issuanc~ of Use Permit, Case No. 81-327, Brummett, Pet~and,~ Gift Shop. RECOMMEND APPROVAL OF SEPTEMBER 22, 1981 FOR PUBLIC HEARING. Ii , n i: 4'7 CITY COUNCIL ARROYO GRANDE, ,CALIFORNIA SEPTEMBER 8"1981 PAGE TWO FURTHER PROGRESS REPORTRE: SEWAGE TREATMENT PLANT CAPACITY Administrator'Sheldon reported that at the September 2, 1981 meeting of the Board .of Directors of the South San:Luis Obispo,County:Sanitation District" the Board, adopted an, ordinance which' wi'll .take effect. in' 30 days setting a fee schedule which provides for a $2,000 connection fee for, residential units' and, also provides that if. this fee is in excess.of the actual ne'eded amount of money, the applicant will be reimbursed. The Board also adopted an ordinance which will take effect in 30 days rescinding.. their previous"..ordinance. which i~posed a -moritorium on sewer connectiorts.- -A report-was also received from the. engineer on the modifications to the. plant which ~an be' commenced almost immediately. The application wi'il' be. filed with the Water Quality Control Board, which is estimated to take approximately four months from,the date of application. Mayor Pope also commented regarding the meeting. Peter Willis,questioned the procedure of obtaining a building permit. FURTHER PROGRESS REPORT RE: SENIOR CITIZENS TRANSPORTATION Administrator, Sheldon stated that the proposals were 'received from the Grover City Senior Citizens Club and the Oceano Senior Citizens ClUb to provide transportation for our seniors.~ He stated that . the'. only difference between.::the two proposals' is that. the Grover City Senior., Citizens-give a suggested ~ount of donation. On motion of Council Member Smith,. seconded by, Council Member Hogan" it, was. unanimously..voted' to. select Grover City Senior Citizens to provide transportation,for the senior citizens of the City of Arroyo Grande. SECOND READING OF. ORDINANCE TO EFFECT,CHANGE IN EXISTING CITY,CODE.RE:. LOCATION OF MEETINGS Administrator Sheldon stated that this. ordinance was before Council on August ,25, 1981 for the second reading . The,.matter was continued to ,this meeting,..so that., the. City. Attorney.,and the staff' could. review Government..Code Section 36S0S pertaining .to the.,location of council meetings. The .City l,ttorney has. advised ,that, in his 'opinion,. the proposed ordinance is not in_conf~ict with ~his section. ,However, he wishes to:do further study has he believes .that. the.,section is in conflict with ,the Brown Act. . Mr. Sheldon reconnnended that the ordinance be adopted. . After discussion" City Attorney,Shipsey read the title of. the ordinance. On,-motion of Council Member Vandeveer., seconded by Council Member Hogan, ~t was unanimously voted to-dispense with further. reading of the ordinance. ORDINANCE NO. 252.C.S. 'AN.ORDINANCE OF THE, CITY COUNCIL. OF THE CITY , . .OF ARROYO GRANDE. AMENDING SECTION 201.102, . TITLE 2,.. OF .THE .MUNICIPAL ceDE RELATING TO THE:.LOCATION OF .COUNCIL MEETINGS On motion _of Council Member Vandeveer, seconded..by CounciL Member Hogan, . and on 1he following .roll call. vote, to wit: '.. .... AYES: .Council .Members Hogan, . Vandeveer, Mayor Pope NOES:, Council. Members Smith and Millis. ABSENT:. None. the foregoing Ordinance was passed and adopted this.Sth_day of September, 19S1. Council Member Millis stated that the as the present ordinance worked well. provides for (regular' meetings which held elsewhere... ordinance is an unnecessary change 'He stated that .the new.ordinance-' means that special meetings may be 48 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 8, 1981 PAGE THREE PROGRESS REPORT AND RECEIPT OF' REPORT RE: WATER AND SEWER RESOURCES STUDY FOR THE CITY OF ARROYO GRANDE Administrator Sheldon presented the report compiled by the Planning Director and the Public Works Director. As the report indicates, there are some serious ques.:tio~s to be consid~red,::by Council such as the shortfall of capacitY,in relation to approved building locations in the City.' He requested a policy direction from Council as to future actions of the staff in dealing with 'the development of the City.' He suggested several procedures for c~nsideration and recommended that Council set a study session within the next 60 days. Council Member Millis requested a more detailed breakdown of the dwelling units listed in the report. _ After discussion, it was-~he conse~sus of Council"to ho~d a special study session on September 29, 1981 at 7:30 P.M. CONTINUATION OF PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION'S DENIAL FOR REZONING OF CASE NO. 81-152, WALNUT VIEW ESTATES, SOUTH OF CHERRY AVENUE AT BRANCH MILL ROAD (KUDEN AND ELLSWORTH) Council Member Vandeveer stated he will abstain from consideration of this item as he resides within 300 feet of the subject property and he excused himself from the Council 'Chambers. ' Administrator Sheldon referred to the staff report of August 25" 1981 and read a letter submitted by the applicants from Mr. John Thomas, County Director and Farm Advisor, stating it is economically unfeasible to develop the subject property for agricultural use. He also read a letter from Jeanette Tripodi, 521 E. Cherry, in opposition to the project. Planning Director Hays stated that the applicants are requesting a rezoning of the area from RA-B3 to R-l. The property consists of '16 acres and the applicants are proposing 57 single family lots. The request was denied by the Planning Commission on August 4, 1981. They expressed concern regarding density, drainage, and water supply. The hearing having been properly published,and noticed, Mayor,Pope opened it for public', comment. Mr. Al Autry, representing the applicants, spoke regarding the project. Mr. Fred Schott, ,engineer for the project, explained drainage probLems in the area and,stated that the applicants propose to install a drainage pipe to assist in removing flooding from the area. EDWIN AIKEN, 432 Garden; PAUL HADDOX, 587 Valley Road;' DAN DIRKS, , 267 E. Cherry; DON BARNS, 307 ,Noguera;C.S. KUREK, 603 E, 'Cherry;' MAGGIE HOOK, 504 Luana; ROD GIBSON, 277 E. Cherry; FAITH WESCOM, 203,E. Cherry; ALBERT STILLWELL, 734 Myrtle; and MRS. STILLWELL, 734 Myrtle, spoke regarding the project. KEN AMBERCROMBIE, 327 Noguera; LARRY TURNER, 323 Noguera; BILL MCCANN, 575 Crown Hill; ELLA HONEYCUTT, 560 Oakhill Road; and LEROY SARUWATARI, 512,Launa, spoke in opposition. ANTON DECOITO, 311 Noguera, also ?poke in opposition and distributed photographs of various drainage systems. Mr. Fred Schott answered questions of the audience regarding drainage. There being no further comments, the hearing was closed. Council Member Smith'stated she is hesitant regarding the negative declaration because of the issues of sewer and water availability. Council Member Millis stated the proper EIR forms have not been filed out properly and he does not agree with the current EIR procedures. Administrator Sheldon stated that the hearing may be continued if Council wishes further information. City Attorney Shipsey advised that Council must take action within 60 days since the public hearing has been closed. Council Member Millis moved to deny the appeal because of the flood plain, traffic control, and natural resources. The motion was seconded by Council Member Smith.. A roll call vote was taken: AYES: Council Members Smith and Millis NOES: Council Member Hogan, and Mayor Pope ABSENT: None ABSTAIN:' Council Member Vandeveer City Attorney Shipsey advised that because of the two to two vote, it is considered that no action has been taken on this item and within 60 days the Planning Commission's decision of denial will take effect. Council Member Vandeveer returned to the Council Chambers. I u J I t , I ,I " I r '49 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 8, 1981 PAGE FOUR REQUEST BY LEAGUE OF CALIFORNIA CITIES FOR COUNCIL APPOINTMENT OF DESIGNATED COUNCIL MEMBER TO. ACT AS VOTING DELEGATE AT LEAGUE'S ,ANNUAL CONFERENCE IN OCTOBER AND APPOINTMENT OF ALTERNATE .' It, .~as tqe .consensus of Counci~ ,th,ath Mr. Vand.eve"r shall represent. Council as voting delegate, at the conference with A&ministrator , .... -'.- - - . "-~ . - . .' . - -. - Sheldon as alternate. PUBLIC HEARING ON REQUEST FOR REZONING AND AMENDMENT. TO GENERAL PLAN - ZONE CHANGE FROM "A", AGRICULTURAL DISTRICT, TO "R-l", SINGLE FAMILY_ RESIDENTIAL'DISTRICT - HUASNA ROAD, REZONING CASE NO. 81-157, IKEDA Planning. Director Hays stated that the applicant .is requesting an amendment to the General Plan fiom'Agricultural to Single Family Residential' and a change of zoning from A to R-l. Jim McGillis, repFesenting the. applicant, explained th~ project and ,displayed a map of the. property.. '. The ,hearingh~ving been properly.noticed. and published '- Mayor Pope opened it for pUblic comment. ELIZABETH, JACKSON, 208, Fairview" and BILL. MCCANN', "-575~'CrC:;wrLHill,'-- spoke: to., the'q;'estio;' i" ELLA HONEYCUTT, 560 Oakhill Road, requested that consideration. of a bridge on the property be includ';d'in. the. dis~;',,;sion'- . TheY:'; bei;'g np. 'iurthe': comrrient, the hea~ing was closed. Council Member Millis stated he is concerned regarding the a;ailability of resource~: Co;';'cil Member Smith stated she_ has' no_objection. to the development, but there may be a problem with' water. Mayor Pope stated he has no objection to the. development.. City Attorney Shipsey read the title of the resolution making amendment to the General Plan. On motion of Counc~l Member Vandeveer,.,second~d by Council Member H~gan, it was unanimously voted to.dispense .with further reading.of the resolution. RESOLUTION NO. 1502 A RESOLUTION OF THE, CITY COUNCIL, OF THE CITY. OF ARROYO GHANDE ADOPTING THE. AMENDED LAND USE ELEMENT OF THE GENERAL PLAN FOR THE' AREA KNOWN AS THE. IKEDA PROPERTY '- On motion of Council Member Hogan, seconded' by Council Member Vandeveer, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Hogan and Vandeveer, Mayor Pope Council Members. Smith and Millis None the foregoing Resolution was passed and adopted this,8th day of September, 1981. Planning Director Hays stated th~~ th~~~vi~9nmental consideration of this projec~ was handled by the Plarining Commission and, therefore, is not required by Council. Council Member Millis stated he protests this procedure as it is a violation of 'Kleist vs. Glendale. City Attorney Shipsey read the title of the ordinance for the zone change._ On motion of Council Member I, sec;onded. by' cou~;ii' Membe; Hogan", ~ twas unanim'ousiy. voted' to . dispense,with furthe;r r';aqing ';f t:h~ ordin:a':;~e.' .. ~. .. , . _. PUBLIC HEARING. ON REZONING FROM "RA-B3"- TO. "RA-B2", _TALLY HO ROAD, REZONING CASE NO. 80-145, LAVINE .. ._ Planning Director Hays. reporte~ that this item was. previously before Council and was denied without prejudice because Council wished more information regarding the proposed development. The Planning Commission recommends approval of this request~ Jim McGillis, representing the applicant, stated that the proposed rezoning will allow the owners to subdivide the property into six parcels. .The hearing having been properly noticed and published, Mayor Pope opened it for public comment. There being none, the hearing was closed. Council Member Millis stated he wishes to protest this rezoning as it is a violation of Kleist vs. Glendale. City Attorney Ship~ey read the title of the ordinance._ On motion of Council Me~er Vandeveer, seconded by ~9.uncil Me$er !:l:9gan, it..was. unanim.ously vc?te~ to dispense with further reading bf the ordinance. 50 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 8, 1981 PAGE FIVE .. APPOINTMENT BY MAYOR OF ALTERNATE TO BOARD .OF DIRECTORS OF SCAT TO REPRESENT CITY OF ARROYO GRANDE Administrator Sheldon stated that the joint powers agreement, of which the City is a part with the South County Area Transit, calls for the naming of an alternate to the Board of Directors by the City. The alternate'.;position was previously held by City Administrator Tom Butch. Mayor Pope appointed Administrator Sheldon to serve as alternate to the Board of Directors of SCAT. RESOLUTION AUTHORIZING AND APPROVING BLANKET PURCHASE ORDER OF VEHICLE TIRES AND TUBES. FOR CITY OF ARROYO GRANDE THROUGH OFFICE OF GENERAL SERVICES OF STATE OF CALIFORNIA Administrator Sheldon stated,'.that.this resolution authorizes the Department of General Services of the State to purchase yehicle tires and authorizes him as purchasing. agent and has been. a stanqard.procedure in the past. .Council Member Hogan obje9ted, stating that the City should purchase these items from local merchants. City Attorney Shipsey read the title of the resolution. On motion of Council. Member Millis, seconded by Council Me~er Vandeve~r, it was u~animously voted to dispense .wi~h further reading of the resolution. u RESOLUTION NO. 1498. A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF ARROYO GRANDE AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE VEHICLE TIRES On motion of Council Member Smith, seconded by Council Member Millis, and on theifollowing roll call vote, to wit: AYES: NOES: ABSENT: Council Members Smith, Millis, Vandeveer, Mayor Pope Council Member Hogan None the foregoing Resolution was passed and adopted this 8th day of September, 1981. NEW FIRE STATION OPEN HOUSE AND DEDICATION SCHEDULED FOR WEEK OF OCTOBER 5 - la, 1981 WITH OFFICIAL DEDICATION ON SATURDAY, OCTOBER la', 1981 AT 10 A.M. AND INVITATION FOR COUNCIL REPRESENTATIVE TO ATTEND. SPECIAL CELEBRATION DINNER FOR FIRE DEPARTMENT MEMBERS . It was the consensus of Council that Mr. Hogan attend the celebr~tion dinner: as Counci~'~. representative. ...J CONSIDERATION. OF RESOLUTION TO EFFECT. DEFERRED COMPENSATION PLAN FOR ELIGIBLE CITY EMPLOYEES Administrator. Sheldon stated. that'this resolution.would authorize the creation of a deferred. compensation pla~ f~r C~ty employees. This plan was developed by the CCCJPA as a voluntary plan on behalf of the employees. He recommended adoption of the .resolution. City Attorney Shipsey read the title of the resolution. On motion of Council Member Millis,. seconded by Council.M~mber Vanqev~~~, it was unanimously voted to dispense with,'further ~7ading of "the reso+ution. J RESOLUTION NO. 1499 A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CREATION OF A DEFERRED COMPENSATION PLAN FOR ELIGIBLE ~ CITY EMPLOYEES On motion of Council MeLIDe~ Mil~isl seconded py Council M~er Vandeveer, and on the following roll_c~ll vote, to wit: , i l n r 51 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 8, 1981 PAGE SIX AYES: NOES: ABSENT: Council Members Smith, Hogan, Millis, Vandeveer, Mayor Pope None None the foregoing Resolution was passed and adopted this 8th""day of September, 1981. RECOMMENDATION BY PARKING AND TRAFFIC COMMISSION TO ESTABLISH "NO PARKING" ZONE ON BRISCO" ROAD (WESTERLY FRONTAGE) 'AT' POINT SOUTH 'OF EL' CAMINO REAL '(PARCEL-NO. 7B-321-32) , ' Administrator Sheldon stated the proposed no parking zone is a recommeridation of the Parking. and" Traffic Commission".. The referenced parcel is the new recreational vehicle storage lot on Brisco Road. It was determined by ,measurement that the driving lanes on Brisco Road are encroached upon when vehicles park against a newly installed curb and gutter in front 'of tne RV' storage yard~ Until such'time as Brisco 'Road is widened along the cemetery frontage, as well as frontages adjacent to lots which lie'southerly of tnecemetery, the new curb'and gutter should'be established as a no parking zone. City' Attorney Shipsey read the title of the resolution. On- 'motion' of Co'uncil "Member Vandeveer, ~- seconded by' Council Member Millis; it was unanimously' voted ,to-dispense"'with .further reading of' the' resolution; RESOLUTION NO." 1500' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO. GRANDE ESTABLISHING'. A "NO PARKING'" ZONE ON A PORTION OF EL CAMINO REAL 'On motion of Council MemberVandeveer~' seconded by Council Member Hogan, 'and' on"the following 'rollcall 'vote',.to wit:' ", AYES: NOES: ABSENT : .Coun'cil Members Smi'th, Hogan,'.Millis, :Vandeveer, Mayor Pope None None the foregoing' ,Resolution was passed arid adopted', this 8th day of September, 19B1. REQUEST/RECOMMENDATION BY PARKS AND RECREATION DIRECTOR FOR COUNCIL ACCEPTANCE OF IMPROVEMENTS AT CITY OF ARROYO GRANDE AND WOMAN' S CLUB COMMUNITY CENTER AND AUTHORIZATION TO ISSUE FINAL PROGRESS PAYMENT Administrator Sheldon stated that staff recommends that Council accept the Community Center as ,complete, authorize the City Clerk, to file the appropriate Notice of Completion, and authorize staff to' issue the final progress payment of $1,474.71 and release the retention less the amount of any claims filed within thirty five days after the'date of filing of said Notice of Completion. The amount of the retention is $22,071.65. On motion of Council Member Hogan, seconded by Council Member Vandeveer, it was unanimously voted to accept the Women's Club Community Center as complete, authJr~ze the City Clerk to file the Notice of Completion, and issue the .final progress payment in the amount of $1,474.71 and release the retention.' REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS FOR COUNCIL APPROVAL OF ANNUAL TRANSPORTATION CLAIM - 19BI-B2 (S.B. 325) Administrator Sheldon recommended that the resolution be adopted which finds that there are no unmet public transit needs which can reasonably be met through expansion of existing transportation systems, or by contracting for service,from carriers and others pursuant to Article 8 of the Mills-Alquist-Deddeh Act and approve the proposed 1981-82 Annual Transportation Claim in the amount of $169,702. City Attorney Shipsey read the title of the resolution. On motion of Council Member Smith, seconded by Council Member Hogan, it was unanimously voted to dispense with further reading of the resolution. 52 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 8, 1981 PAGE SEVEN RESOLUTION NO. 1501 A RESOLUTION OF THE CITY COUNCIL OF THE -CITY OF ARROYO GRANDE APPROVING THE 1981-82 REAMENDED ANNUAL TRANSPORTATION CLAIM AND AUTHORIZING ITS SUBMITTAL TO THE SAN LUIS OBISPO AREA COUNCIL OF GOVERNMENTS On motion of Council Member Smith, seconded by Council Member Millis, and on the following roll call vote, to wit: AYES: NOES: ABSENT: -Council Members Smith,-Hogan, Millis, Vandeveer, Mayor Pope None None the foregoing Resolution was passed and adopted this 8th day of September, 1981. RECOMMENDATION FOR COUNCIL APPROVAL OF CONTRACT BETWEEN CITY -AND CALIFORNIA PERSONNEL BOARD FOR PERSONNEL RECRUITMENT PURPOSES Administrator Sheldon stated that theccurient contract with the State Personnel Board expired on- June 30, 1981. The contract provides the City with services for the preparation and scoring of written examinations for job applicants. We have no current plans to enter into any of the services, but by approving the agreement, we will have the option for another three years. On motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously voted to authorize entering into the contract between the City and the State Personnel Board. ORAL COMMUNICATIONS Council Member Millis requested the following items be placed on the agenda for the meeting of September 22-: 1) Discussion of all annexations to go to election; and 2) a report by Staff as to whether all council agenda items are to be supplied to the public with or without charge. ADJOURNMENT On motion of Council Member Hogan, seconded by Council Member- Vandeveer, it was unanimously voted to adjourn at 12:05 A.M. ,,~~, (!1;~rjf!1;;lfM u u