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Minutes 1981-11-24 I[ I. ~ n , ,\ '-, 71 CITY COUNCIL ARROYO G~E, CALIFORNIA NOVEMB~R 24, 1981 The City Council met in regular session with Mayor Pope presiding. Upon roll call,' Council Members B'Ann Smith, KarlA..Hogan, Mark.M..Millis, and Lawrence 'E. Vandeveer reported p~esent._ --'. PLEDGE OF ALLEGIANCE _ Council Member Vandeveer led the Pledge .of. Allegiance .to our. Flag. Thereafter'" Ma'for Pope .delivered the. invocation. APPROVAL OF MINUTES On-motion of Council Member Vandeveer, seconded by Council Member Smith, it was unanimously voted to approve the minutes of November 10; 1981 as amended. , APPROVAL OF WARRANTS On.motion of ,Council-Member Vandeveer, seconded by Council Member Smith, and unanimously carried, Demand Warrants #16244 through #16420 and #P253 through #P267 in the amount of $471,899.86 and Payroll Warrants #21068 through #21168 in the amount of $52,611.52 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 thec:oonsent agenda...items with the recommended courses of action... A-1. R~Geipt of:Lettar of Thanks fr~m Human Relations Commission of'South -,:::-,.<, ste;" County IRe'.' City IS Farticipat:lon, il} p;-rt~cu"iar, :.the -,:i?oii6~ L:" ';E.ep.aitrrtent~. ih',.t:he Crime Fair held on October 31:1981. 'RECOMMimD REVIEW AND FILE. A-2. Receipt of Minutes of Human Relations Commission of South SLO County for Meeting of October 7, ,1981. RECOMMEND REVIEW AND FILE. A-3. . Receipt of .Answered Agendaefor Planning Commission Meeting..of November .17, 1981.. .RECOMMEND,REVIEW.AND.FILE. A-4. Receipt of Analysis Report on Parks and Recreation of November 18, 1981. RECOMMEND REVIEW AND FILE. I Commission Meeting A-5. Receipt .of Minutes and/or Report'; 'Re.. Parking and. Traffic Commission of November 16, 1981. RECOMMEND REV.IEW AND FILE... _' ".u' A-6. I Receipt of Monthly ,Report. by. Ghief Plant Operator of South San Luis ,Obispo.County Sanitationc District"and Others, Re. District. RECOMMEND REVIEW AND FILE. . A-7. ,Receipt of Letter of Information from Pacific Gas and Electric Co., Re. Progress on Energy Conservation -~ For information purposes only. RECOMMEND REVIEW AND FILE. A-8. Request to Set Date. for Public. Hearing on. Proposed Amendment to. Ordinance No. 140.C.S., Tract 604, Oak Park Acres, to Allow Split of Lot 13, (E. .Minard and R. Kvidt). RECOMMEND APPROVAL OF DATE OF DECEMBER 8, 1981, FOR PUBLIC HEARING. 72 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 24, 1981 PAGE TWO RECOMMENDATION BY CHIEF OF POLICE FOR COUNCIL'S REVIEW AND REV'ISION:'OF CITY CODE TO AUTHORIZE EFFECTIVE CONTROL OF EXTREME LOUD MUSIC AND OTHER NOISES WITHIN THE CITY OF ARROYO GRANDE Administrator Sheldon stated the revisions of the Code will deal with loud noises and disturbances created'by the playing of radios and musical instruments in the business areas of the City. City Attorney Shipsey read the title of the ordinance. On motion of Council Member Smith, seconded by Council Member Hogan, it was unanimously voted to dispense with further reading of the ordinance 'to constitute the first reading. u RECOMMENDATION BY CALIFORNIA LEGISLATURE FOR MAYOR POPE TO PROCLAIM "NATIONAL FAMILY WEEK" DURING THE WEEK OF THANKSGIVING DAY' BY ADOPTION OF RESOLUTION Attorney Shipsey read the title of the resolution. 'On motion of Council Member Vandeveer, seconded by Council_~ember "Hoga~, it was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO. 1507 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE PROCLAIMING THE WEEK OF NOVEMBER 22, 1981 AS "FAMILY WEEK" On mot~on of Council Member Smith, seconded by Council Member Vandeveer, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Smith, Hoga!1t Millis,_ 'van?-ev~er, Mayor Pope None None the foregoing Resolution was passed and adopted this 24th day of November, 1981. ORAL REPORT BY MAYOR POPE RE: ZONE THREE-ADVISORY COMMITTEE MEETING HELD ON NOVEMBER 19, 1981 Mayor Pope quoted figures received at the meeting regarding the inches of rain received, the number of acre feet of water used and the number of feet remaining. RESOLUTION TO ESTABLISH EXTENSION OF PASSENGER LOADING ZONE ON BRANCH STREET (SOUTH SIDE), EAST FROM SOUTH MASON Administrator Sheldon stated that this resolution is recommended by the Parking and Traffic Commission and will establish a 28 foot passenger loading zone on the sou~ ~ide of Branch Str~et, i~edi~tely south of Mason. The"loading zone is to facilitate the operation of SCAT. Attorney Shipsey read the title of the resolution. On motion of Council Member Smith, seconded by Council Member Vandeveer, it was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO. 1510 u A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A PASSENGER LOADING ZONE ON THE SOUTH SIDE OF BRANCH STREET ADJACENT TO SOUTH MASON...STREET On motion of Counc11 Member Vandeveer, seconded by Council Member Hogan, and on th~ 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 ,.24th::day~6fJ.November, 1981. I ~ r 73 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 24, 1981 PAGE THREE RESOLUTION TO ESTABLISH.THREE-WAY.STOP CONTROL OF TRAFFIC AT INTERSECTION OF EAST CHERRY AND PACIFIC COAST RAILROAD ..RIGHT OF WAY PLACE Administrator Sheldon stated that this resolution will establish a three-way stop at the intersection of East Cherry and Pacific Coast: Railroad Right. of Way Place. . There is currently a traffic control stop sign at this location but. it was installed.on.a..temporary six-month basis and the Traffic Commission. has found it _to be.-appropriate to recommend continuance of the stop. sign. _Attorney.Shipsey read the title of .the resolution. .. On motion of Council Member Vandeveer ,. seconded . by Council Member Hogan, it was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO.. 1509 A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF ARROYO GRANDE ESTABLISHING A THREE-WAY STOP. AT THE EAST CHERRY' INTERSECTION OF PACIFIC COAST RAIL ROAD RIGHT OF WAY.PLACE , On motion of.Council.Member Smith, seconded by Council Member.. Hogan, and on the following roll.call vote, to wit: AYES: NOES: . ABSENT.: Council-Membe~s.?mith, Hogan, Millis, Vandeveer, Mayor Pope None. None. the foregoing. Resolution was. passed and ,adopted this 24th day of November, 1981. CONTINUATION OF PUBLIC HEARING ON PROPOSED. AMENDMENT TO.LAND USE ELEMENT OF GENERAL PLAN-FROM.LOW DENSITY RESIDENTIAL LAND USE. DESIGNATION .TO CENTRAL BUSINESS DISTRICT LAND USE.DESIGNATION:AND ZONE CHANGE, 312 LE POINT ,STREET,. WILLIAM GERRISH Administrator.Sheldon.reported,that the Planning.Commission recommends approval of this request and that at the. .last meeting Council granted. a Negative Declaration for the project... Attorney Shipsey read .the titl~ of the resolution. approving. the. amendment to .the Land Use Element. On motion of Council.Member Smith, seconded by..Council.Member Vandeveer,. it. was unanimously voted. to .dispense with 'further. reading..of the resolution..: RESOLUTION NO. 1506. A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE AMENDED'.LAND USE ELEMENT OF THE GENERAL PLAN FOR THE AREA. KNOWN AS 312 LE POINT STREET On motion of Council Member Vandeveer, seconded by Council.Member Smith, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council .Members Sm~.th-, Hogan, Millis,. Vandeveer, Mayo~ Pope None None the foregoing Resolution was passed and adopted this .24th day of. November, 1981. Attorney Shipsey read the .title of the ordinance.regarding .the. zone change. On motion of Council Member Smith, seconded.by Council Member V~ndeveer, it was unanimously voted to dispense with further reading of the ordinance to constitute the fi:r:st"reading~ 74 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 24, 1981 PAGE FOUR CONTINUATION OF PUBLIC 'HEARING ON APPEAL OF PLANNING COMMISSION'S DECISION OF NO ACTION ON AMENDMENT TO LAND USE ELEMENT OF THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL AND ZONE CHANGE FROM R-l TO R-3 TO HIGH DENSITY RESIDENTIAL LAND USE DESIGNATION, 1385 BRIGHTON AVENUE, SIEGFRIED BADEN Mayor Pope opened the hearing for public comment. Margaret Stone, attorney representing the surrounding'property owners, stated that the . public ~otice published for the hearing before the Planning Commission stated that the hearing was for only a general plan .change and not a zone change. _ She added that it is herc,.opinion that since Council Member Vandeveer appealed the Planning Commissionls decision, he should not have voted on th~ matter at the last meeting. There being no further comments, it was the consensus of Council to continue the public hearing. to allow Staff to research these items. On motion of Council Member Hogan, seconded by Council Member Smith, it was unanimously voted to continue the public hearing to December 8, 1981. u CONTINUATION OF COUNCIL'S REVIEW.AND DISCUSSION RE: POLICY DECISION OF WATER AND SEWER RESOURCES OF CITY OF ARROYO GRANDE Administrator Sheldon stated that at the meeting of October 13, 1981, Council considered five major areas of policy. ~or t~e fut~re use of resources. Those were: 1) Market place to controi'growth; 2) Limiting building permits; 3) Limiting subdivisions; 4), Limiting rezoning; and 5),A combination of the above. A question was raised as to the legality of these proposed controls and because of the absence of the City Attorney the matter was continued. The City Attorney has advised that there is a sound basis in law for such controls, particularly when the controls are placed in order to properly meet the service needs of the public. Council Member Millis stated that the City needs a professionaLmanagement resource study prepared by an independent firm and that Staff should obtain proposals. Council 'u.>'" Member Vandeveer stated that the cost must be determined and referred to the sutyd done by the County which cost $279,000. Council Member Hogan stated that. a professional .study is not needed as any firm would use the information already compiled by staff. Council Member Smith stated that the money spent towards a professional study would be well spent, however, if Council wishes to proceed with the study':cprepared by staff, then she would recommend that no annexations be approved and that the growth rate be monitored not to exceed 3% a yea~. Mayor Pope stated that the Sanitation District is aware of the growth rate and that staff should alert Council if the dwelling unit permits exceed the limit. There was discussion regarding the possible cost of such a study and what aspects of city resources should be included. Ella Honeycutt, 560 Oakhill Road, pointed out that such a study should consider agriculture. Stan Abbott, representing the Rancho Grande development, urged Council, not to impose a9Y retroactive growth poiicies. It was the':-.:consensus of Council that Staff investigate the cost of a resources study. RECOMMENDATION BY PUBLIC WORKS DIRECTOR RE: WATER TRANSMISSION MAIN TO SERVE NEW WATER RESERVOIR NO.4, APPROVAL OF PROGRESS PAYMENT, ACCEPTANCE OF.:.LINE INTO CITY SYSTEM Public Works Director Karp explained that staff is requesting the following actions: u 1. 'Authorize Staff to issue payment for progress billing number two in the amount of $6,302.25. 2. Accept on behalf of the public the water line,project completed by R. Baker, Inc. 3. Authorize the Mayor and City Clerk to execute and record the appropriate certificate of completion. ,I , r , , ; , n 75 CITY COUNCIL ARROYO 'GRANDE, CALIFORNIA NOVEMBER 24, 1981 PAGE FIVE 4. Authorize staff to make the of $7;390.65, 35 days after completion. ' final payment 'in the amount recording of , said notice of On motion of Council Member Vandeveer, seconded by Council Member Hogan', it was unanimously voted to .take" all of 'the four actions as recommended" by Mr. Karp and ,authorize payment in the amount of $6,302.25 to R: Baker,' Inc. -. - - RECOMMENDATION BY 'PUBLIC WORKS,DIRECTORRE: ACCEPTANCE OF OFFERS OF DEDICATION FOR RIGHT OF WAY AND NEW ALIGNMENT' OF OAK PARK BOULEVARD Public Works Director Karp' requested continuance of this item.- Council concurred. PROPOSED LEASE AGREEMENT BETWEEN LEO BRISCO AND CITY FOR DOWNTOWN PARKING AREA WITHIN VILLAGE Administrator Sheldon stated that the subject property is 'presently unimproved and~it',is anticipated to use the funds from 'the Downtown Parking Fund and to improve ,the site., 'The lease provides for' a'five year'term with rent at $1.00 per month with the City 'to pay'the taxes. On motion' of Council Member Millis; seconded hyCouncil Member'Smith, it was unanimously voted to approve the signing of the lease. ' REVIEW AND.,COMMENT ON ENVIRONMENTAL REVIEW PROCEDURES AND GUIDELINES FOR CITY OF 'ARROYO GRANDE , AS RECOMMENDED BY PLANNING COMMISSION' ,Administrator Sheldon stated that the PlanriingCommission recommends approval of the proposed Gu'idelines. The cit:y' 'is' responsible for' complying with' 'the California Environmental Quality Act and guidelines must be adopted in order to be' consistent with the Act.' Ella iloneycutt, 560 Oakhill Road, questioned the legality of negative, declarations granted in'the past. After discussion, Attorney Shipsey read the title of the resolution. On motion of Council M6mber Vandeveer-, seconded by Council Member Hogan; .it .was' unanimously- voted.:to' dispense" -with further reading of the ,resolution. RESOLUTION NO. 1511 A RESOLUTION OF THE CITY COUNCIL'OF THE CITY OF ARROYO 'GRANDE ESTABLISHING AND'AMENDING' RESOLUTION NO. 1032, OBJECTIVES, CRITERIA, AND PROCEDURES FOR EVALUATION OF PROJECTS AND THE PREPARATION OF ENVIRONMENTAL IMPACT REPORT GUIDELINES FOR THE CITY OF ARROYO GRANDE' On motion of Council Member Vandeveer, seconded by Council Member Smith, 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 24th day of November, 1981. RECOMMENDATION BY PUBLIC WORKS DIRECTORRE: ESTABLISHMENT OF ,CURB AND GUTTER' ASSESSMENT DISTRICTS AT VARIOUS AREAS WITHIN THE CITY , ~Ublic Works Director Karp defined the proposed seven assessment districts. He stated that most of the districts lie along avenues traveled to and from school and those avenues are ,primarily major streets. There was discussion regarding the north side of Fair Oaks and the:cnorth side of Cherry. It was the consensus of Council to continue this item so that Mr. Karp may determine if this area should be included as an assessment district. 76 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 24, 1981 PAGE SIX RECOMMENDATION OF PUBLIC WORKS DIRECTOR FOR APPROVAL OF Lor SPLIT CASE " NO. 81-364, PARCEL MAP AG 81-115, GARING; TAYLOR AND ASSOCIATES, INC. Public Works Director Karp stated that the subject lot split divides an existing parcel which has been previously improved with two buildings at the northeast corner-of Elm Street 'and Sunset- Drive. The area is zoned highway service and classed low density residential and office professional in the -Land Use Element of the General Plan. The purpose of the lot split was to allow the sale of one of two parcels created. It was "approved under the Optional Design Standards of the Zoning Ordinance. All improvements have been-installed previously, street trees already exist- and park fees cannot be assessed against the commercial parcels. He recommended approval of the parcel map subject to the finding that it is consistent with the General Plan and zoning. On motion of Council Member Smith, 'seconded by Council Member Hogan, it was unanimously voted to approve _parcel map AG 81-115 with the finding that it is consistent with the General Plan and zoning. u RECOMMENDATION OF PUBLIC-WORKS DIRECTOR FOR APPROVAL OF LOT SPLIT CASE NO. 81-368, PARCEL MAP AG-81-199 (MID",STATE BANK PROPERTIES) Public Works- Director Karp explained that the- subject lot - split is located at-Mid State Bank on the north frontage on Grand Avenue. The map creates two parcels, one being 45,647 square feet and the second 68,228 square feet. The-street improvements were constructed with the improvements required for the new computer center. The area is split zoned between highway service and planned industrial and classed highway commercial and heavy-commercial light industrial in the Land Use Element of the General Plan. He recommended approval subject'to the finding that map AG 81-199 is consistent with the General Plan and zoning- and assuming the required information regarding water and sewer service is provided prior to the next Council- meeting. On ,motion of Council Member Smith, seconded by Council Member Hogan; it was unanimously voted to approve parcel map AG 81~199 subject to the finding as stated by Mr. Karp. RECOMMENDATION OF PUBLIC WORKS DIRECTOR FOR APPROVAL OF LOT SPLIT CASE NO. 81-357, PARCEL MAP AG 81-78 (GARY CUMLEY) Public Works Director Karp stated that the subject lot split is located on the northeasterly frontage of Canyon Way. The map creates four parcels, ranging in size from 20,027 square feet to 21,803 square feet. The area is zoned RAB2 and classed low density residential in the Land Use Element of the General Plan. The_map was approved by the Planning Commission on June 16, 1981. The p~lic improvements are being constructed with the Canyon Way Assessment District. -The,park and street tree fees have been paid. He recommended approval subject to the following fiondings: 1. Accept on behalf of the public, the easement dedication for street trees and the one foot. strip for street purposes. u 2. Find that Parcel Map AG 81-78 is consistent with the General Plan and City zoning. On motion of Council Member Vandeveer, seconded by Council Member Smith, it was unanimously voted to approve the parcel map AG 81-78 subject to the conditions as stated by Mr. Karp. r r I : ~r 77 CITY COUNCIL ARROYO GRANDE; CALIFORNIA NOVEMBER 24, 1981 PAGE SEVEN -I _. RECOMMENDATION OF PUBLIC WORKS DIRECTOR FOR. APPROVAL OF LOT SPLIT CASE NO. 81-340, PARCEL MAP AG 80~113 (KIRBY CONKLIN) Public Works Director Karp stated that .the subject lot split is located.on the south frontage of FaMr Oaks Avenue between.Walnut. and Elm Streets. The lot split creates four parcels from the existing flag lot at that location. As a requirement to the approval of the tentative, the developer has been required to construct the necessary water, sewer and private road to serve the resulting. parcels .as well as an existing parcel.which takes access over the. flag to .Fair Oaks Avenue. The parcels created range in size from 6,140 square feet to 16,159 square feet. The area is zoned R-l and is designated as low density residential by the General Plan. The developer has agreed to pay the fees, execute the appropriate subdivision.-agreement .and .provide ..an instrument of credit guaranteeing the agreement prior;~to this. -meeting. -. He recommended approval subject to.the.following findings: 1. Find that the construction of the required improvements are necessary prerequisites to the orderly development of the community. 2. Find. that the parcel map.AG 80-113 conforms to the General Plan and Ci ty zoning. , : 3. Accept on behalf of the publici the easements. dedicated for maintaining utilities including water and sewer. On motion of Council Member" Hogan, .seconded by Council Member Vandev~er, it was unanimously. voted. to approve parcel map AG 80-113 subject to the findings as stated by Mr. Karp.. ORAL COMMUNICATIONS \ ..~ouncil Member Hogan commented.regarding off-shore drilling. ADJOURNMENT On motion of. Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to adjourn at 9:30 P.M; """'- A;'~"~ DEPUTY Y;CLERK .