Loading...
Minutes 1981-12-08 78 CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 8, 1981 The City CoUncil met in regular session with Mayor Pope presiding. Upon roll call,~Council Members Karl A. Hogan, Mark M. Millis, and Lawrence E. Vandeveer reported present. Council Member B'Ann Smith was absent. PLEDGE OF ALLEGIANCE Council Member Millis led the Pledge of Allegiance to our Flag. Thereafter, Pastor Michael Hill, Charity Chapel, Grover City, delivered the invocation. APPROVAL OF MINUTES On motion of Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to approve the minutes of November '24, 1981 as presented. ~ APPROVAL OF WARRANTS On motion of Council Member Vandeveer, seconded by Council Member Hogan, and unanimously car~ied, Demand Warrants #16421 through #16490 in the amount of $47,098.98 and Payroll Warrants #21169 through #21256 in the amount of $ 72 ,,630.40 were approved and ordered paid. APPROVAL OF CONSENT AGENDA ITEMS On motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously voted to approve the consent agenda items with the recommended courses of action. A-I. Receipt of Departmental Monthly Report 'for November; 1981. RECOMMEND REVIEW AND FILE. A-2. Receipt of Quarterly Report of Statistics from Department of Animal Regulation of County of San Luis Obispo - First Quarter of '1981-82 Fiscal:'Year (Specific to City, of Arroyo Grande). RECOMMEND RbVIEW AND FILE. A-3. Receipt of 1981 State Legislative Wrapup Bulletin, (dated 11/13/81), from League of California Cities. RECOMMEND REVIEW AND FILE. A-4. Receipt of Answered Agenda for Planning Commission Meeting of December 1, 1981. RECOMMEND REviEW AND FILE. A-5. Receipt of Bimonthly Report for September and October, San Luis Obispo County Air Pollution Control District. REVIEW AND FILE. 1981, by RECOMMEND A-6. Receipt of Progress Payment No.5, Re. Canyon Way ,Assessment District in amount of $46,090.04, for Payment to Contractor (Charles A. Pratt). :,RECOMMEND REVIEW AND COUNCIL APPROVAL OF PAYMENT. ITEMS,:,DELETED FROM AGENDA - C-2, D-l, D-4. SECOND READING OF ORDINANCE TO REZONE PROPERTY KNOWN AS 312 LE POINT STREET, UI. FROM R-l TO CBD, WILLIAM GERRISH City Attorney Shipsey read the title of the ordinance. On motion of Council Member Vandeveer, seconded by Council Member-Hogan, it was unanimously voted to dispense with further reading of the ordinance. ORDINANCE NO. 257 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING A PORTION OF THE ZONING MAP OF THE CITY OF ARROYO GRANDE REFERRED TO IN SECTION .302 OF TITLE 9, CHAPTER 4 OF THE MUNICIPAL CODE SO AS TO REZONE CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE KNOWN AS 312 LE POINT STREET On motion of Council Member Vandeveer, seconded by Council Member Millis, and on the followiJ;1g:-roll call vote, to wit: r I 79 CITY COUNCIL ARRQYO GRANDE, CALIFORNIA DECEMBER 8, 1981 PAGE TWO, AYES: NOES: ABSENT: Council Members Hogan, Millis, Vandeveer, Mayor Pope None Council Member Smith the foregoing Ord'inance' wa's"passed 'arid- adopted 'this 8th day 6f December, 1981. CONTINUATION OFREPORT'BY PUBLIC WORKS DIRECTOR'RE: ESTABLISHMENT OF, CURB AND GUTTER ASSESSMENT DISTRICTS AT VARIOUS AREAS'WITHIN THE CITY Public Works Director Karp stated that, as requested at the last meeting, he has investigated the'possibility of expanding the district to include the,',north side of East Cherry Avenue between Garden Street and Pacific Coast Railway Place and the north side of Fair Oaks Avenue between Elm ,Street and Halcyon Road. He"stated that each of these areas meet the requirements'of the law 'to form a curb and gutter district and he recommended they be included 'in"the,varibus areas of the assessment districts. Mr. Karp also'stated he is presently reviewing the remainder of East Cherry -Avenue on the north side for- conformance with requirements of the law. In the event that portion of East Cherry Avenue on the northerly side between Traffic 'Way and'Pacific Coast Railway Place can be included legally in the district,' tha~ porti6n wlll also be recommended. He listed the entire areas of the 1981-82 Curb, Gutter and Sidewalk Assessment District: 1. South side of Fair Oaks Avenue, Elm to Walnut - C, G & SW 2. West side of Halcyon Road, Grand to Bennett - SW only 3., East side 'of Halcyon 'Road, Fair Oaks to Dodson Way -' SW only 4. East side of Halcyon Road, Fair Oaks to Todd Lane - SW only 5. North side of Huasna Road, Oro to 'Corbett Canyon - C, G '& SW 6. North side of Huasna Road: ""Oro"to Stagecoach"- SW only 7. West side or 'Garden Street, E. Cherry to 'Allen '-'SW only' 8. South side of Fair Oaks Avenue, Beech to Pecan Street - C, G: & SW 9. North side of East Cherry Avenue, Garden to Pacific Coast Railway - C,G & SW 10. North side of Fair Oaks Avenue, Elm to Walnut - C, G. & SW 11. North side of E:air Oaks' : Avenue , Alder "to Pecan Place - SW only 12. North side of Fair Oaks, 'Halcyon to Alder - C, G & SW 13. North side of E. Cherry, Pacific Coast Railway to Traffic Way - SW only On motion of Council.Member Hogan;" seconded by Council'"Member Vandeveer, it was unanimously'voted to instruct staff to proceed with the abovenoted assessment districts. SECOND READING OF ORDINANCE TO AUTHORIZE CONTROL OF EXTREME LOUD MUSIC AND OTHER NOISES WITHIN THE CITY City Attorney Shipsey'read the title of the' ordinance. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to dispense with further reading of the ordinance. ORDINANCE NO. 258 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING 'THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING CHAPTER 7, SECTION 2 OF TITLE 5 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO NOISES WHICH DISTURB THE PEACE" On motion of Council Member Vandeveer, 'seconded by' Council Member Hogan, and on the following roll call vote, to wit: AYES: NOES: ABSENT : Council Members Hogan, Millis, Vandeveer, Mayor Pope None Council Member Smith the foregoing Ordinance was passed and adopted this 8th day of December, 1981. 80 CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 8, 1981 PAGE THREE RESOLUTIONS FOR ADOPTION RE: GENERAL MUNICIPAL ELECTION TO BE HELD APRIL 13, 1982 Administrator Sheldon stated that the first resolution requests specified services-of the Board -of Supervisors. City Attorney Shipsey read the title of the resolution. On motion of Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO. 1512 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN "LUIS OBISPO TO RENDER SPECIFIED SERVICES TO SAID CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION ': TO BE HELD IN SAID CITY ON TUESDAY, APRIL 13, 1982 On motion of Council Member Millis, seconded by Council Member Vandeveer, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Hogan, Millis, Vandeveer, Mayor Pope None "Council Member Smith the foregoing Resolution was passed and adopted this 8th day of December, 1981. City Attorney Shipsey read the title" of the resolution calling for the election. 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. 1513 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 13, 1982cFOR~TI{E~ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES On motion of Council Member Millis, seconded by Council Member Vandeveer, and on .~the" following roll call vote, to wit: AYES: NOES: ABSENT : ~J<:=-~ Council Members Hogan, Millis, Vandeveer, Mayor Pop~ None Council Member Smith the foregoing Resolution was passed and adopted this 8th day of December, 1981. City Attorney Shipsey read the title of the resolution establishing procedures for candidates statements. On motion of. Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to dispense with further reading of the resolution, as amended. u u r !r 81 CITY COUNCIL . ',. ARROYO GRANDE, CALIFORNIA DECEMBER 8, 1981 PAGE FOUR .RE~OLUTION NO.. 1514 A RESOLUTION OF THE CITY COUNCIL OF THE,CITY OF ARROYO GRANDE, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES ,FOR ELECTIVE OFFICE, PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE FOR THE GENERAL MUNICIPAL ELECTION TO BE.HELD IN SAID CITY ON TUESDAY, APRIL 13, 1982 On_motion of Council Member Millis, seconded by Council Member \ Vandeveer, and pn th~ following roll call vote, to wit: AYES: NOES: ABSENT: Council Mernb~rs ~ogan, Millis, Vandeveer, Mayor Pope None Council Member Smith I the foregoing Resolution was passed and adopted this 8th day of December, 1981. City Attorney Shipsey read the title of the resolution ordering the canvass of the election by the City Clerk. On motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously_ voted to dispense with further reading of the resolution. RESOLUTION NO. 1515.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, .CALIFORNIA, ORDERING.THE CANVASS OF THE GENRAL MUNICIPAL ELECTION TO BE..HELD ON TUESDAY, APRIL 13, 1982, TO, BE MADE BY THE CITY CLERK On motion of Council Member Vandeveer, seconded by Council Member Millis, and on.the following roll call vote, to wit: AYES: NOES: ABSENT: Council Mem.bers aogan, Mil1is~ Vandeveer,,~ayor Pope' Non~ Council Member. Smith the foregoing Resolution was passed and adopted this.8th day of December, 1981. ADOPT RESOLUTION RE: AUTHORIZIATION FOR CITY TO PARTICIPATE..IN LOCAL AGENCY INVESTMENT FUND IN'CALIFORNIA STATE TREASURY, AND NAMING SPECIFIC PERSONS .TO ACT, THEREFORE Administrator Sheldon stated that this resolution was initially adopted on January 10, 1978 and is before,Council at this time ,to update the names of the ,city administrator and city treasurer. .City,Attorney Shipsey read. the title..of the resolution. On motion of Council Member Vandeveer, _seconded by Council Member, Hogan, it_was-unanimously voteq to dispense with further reading',of..the ,resolution. RESOLUTION NO. 1516 A RESOLUTION ..01' THE CITY ,COUNCIL 01'. THE CITY OF ARROYO GRANDE AUTHORIZING THE. DEPOSIT OF.. CITY FUNDS IN THE LoCAL AGENCY INVESTMENT FUND PURSUANT TO GOVERNMENT CODE SECTION 16429.1 On motion of Council Member Vandeveer, seconded by Council Member Hogan; and on the following roll call vote, to wit: 82 .~ CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 8, 1981 PAGE FIVE AYES: NOES: ABSENT: Council Members H()gan, Millis, Vandeveer, Mayor Pope None Council Member Smith the foregoing Resolution was passed and adopted this 8th day of December, 1981. ADOPT RESOLUTION AUTHORIZING ADDENDUM TO JPA OF CENTRAL COAST SELF INSURANCE FUND AUTHORIZING CITY OF LOMPOC TO PARTICIPATE IN EXCESS LIABILITY COVERAGE Administrator Sheldon stated that the addendum will allow the City of Lompoc to participate in the purchase of excess liability insurance. It was approved by the CCCJPA Board of Directors and they have recommended that the legislative bodies of the member agencies adopt the agreement. Attorney Shipsey read the title of the resolution. On motion of Council Member Vandeveer, seconde~ by Council.~ember Hogan, it was unanimously voted to dispense with further reading of the resolution. u RESOLUTION NO. 1517 A RESOLUTION OF THE CITY OF ARROYO GRANDE AUTHORIZING AN ADDENDUM TO. THE CENTRAL COAST CITIES JOINT POWERS AGREEMENT ESTABLISHING THE CENTRAL COAST SELF-INSURANCE FUND On motion of Council Member Vandeveer, seconded by Council Member Hogan, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Hogan, Millis, Vandeveer,. Mayor Pope None Council Member Smith the foregoing Resolution was passed and adopted this 8th d?y of December, 1981. COUNCIL REVIEW AND DIRECTION RE: SAN LUIS OBISPO COUNTY AREA COUNCIL OF GOVERNMENTS FOR DECEMBER 17, 1981 Administrator Sheldon explained that the agenda and additional information is before Council so that direction may be given to Council's delegate if there is any item of concern. It was the consensus of Council that there was_ no item of concern to discuss or direction to be given to Mr. Vandeveer, as Council's delegate. COUNCIL MEMBER SMITH ARRIVED AT THIS TIME (8:00 P.M.) NOTICE FROM COUNTY OF SAN LUIS OBISPO TO COMMENCE NEGOTIATIONS FOR TRANSFER OF PROPERTY TAX REVENUE - STEM ANNEXATION Administrator Sheldon explained that one of the processes involved in annexations ts the negot~ation between the agency which,will be responsible for pUblic services and the agency which has previously provided the serViceS.U,.ir In the past, the County of San Luis Obispo has taken the position on annexations that they would transfer to the cities the same proportional ratio of taxes on the territory to be~;annexed as the cities receive on a territory already within the city boundaries. He recommended that this procedure continue to be followed. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to authorize the negotiation for transfer of property tax revenue of the Stem Annexation. i i, ~ n 83 CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 8, 1981 PAGE SIX ADDITIONAL AGENDA ITEMS Mayor Pope stated that a'letter'was received from the Seventh Day Adventi'st Church requestlng a fe'e' exempt license for" a Christmas'Bazaar at the South CountY:Regional'Center' on DeceIDber 13th' from 4 to 6:30 P.M~ All Council Members 'conc~ried t~ cons~der-this ~ri 'emergency i~~m and to include" -it on 'the"agenda. ,. -On~ mbtion- of' Counci-l Member Millis, seconded by Council Membe'rHog'an, it was 'unanimou'sly v".t.ed 'to grant the fee exempt license'. "Mayor 'Pope stated that a retter was ,,'Iso received" from Mr. Al spierling requestingcapproval 'of a septic'tanK for a'riewdwelling at 299 Miller Way. Mayor Pope read the letter of request. All Council Members concurred to consider this an emergency item and to include it on the_agenda. Public Works Director Karp recommended approval since 'the dwelling is approxim~tely 600 feet from the 'city sewer line and'the : requirement 'to connect to the sewer i1ne is 250 feet~ On'motion of Council Member Vandeveer, seconded by Council MeInber Millis, it was unanimously voted'to grant the approval for a septic tank at 299 Miller Way~' subject to County Health'Departmerit requiremerits~ ' CONTINUATION OF' PUBLIC HEARING' ON" PROPOSED ZONING CHANGE' FROM "A'" AGRICULTURAL DISTRICT TO "RA:';B3", RESIDENTIAL AGRICULTURAL: DISTRICT, PROPERTY LOCATED SOUTHERLY OF EAST CHERRY AVENUE AND WESTERLY OF 'BRANCH 'MILL ROAD, REZONING CASE'NO. 81-159 (MILT HAYES) Mayor Pope stated that 'this public hearing is continued from the' meeting of NoveIDber'IO;' 1981 at the request 'of Jim McGilli~, representlng the applicant. Jim MCGillis' stated that the owners' do not wish to purchase the easement"at this time and are orily requesting a'rezoning of the property. CouriCiI Member Srni'th".itated ,tnat 'the:'req,iest "to' rezone is premature as,long as only 'one house can be built 'on the property and 'it should "be 'left- as' it is. Council, 'Member Hogan agreed: Mayor Pope stated that 'the 'owner 'is' requesting "a change of zoning'and then will go 'ahead ' with the necessary steps to provide a new road 'to tne' four parcel's. Council Member Millis stated the owner does not own adequate access to the property which could become a legal problem. Council Member Vandeveer agreed'that the rezoning: is premature. Council Member'Smith moved'to deny 'the application without prejudice. The motion was seconded by Council Member Millis~ A roll call vote was taken: AYES, Council Memr,ers Smith; Hogan, Millis; Vandeveer', Mayor Pope NOES:: None ABSENT:' None , ,,-: PUBLIC HEARING ON, PROPOSED AMENDMENT TO ORDINANCE NO. 140 C.S., TRACT 604, OAK 'PARK ACRES;' TO 'ALLOW SPLIT 'OF' LOT 13 AND' ENVIRONMENTAL DETERMINATION, E. :MENARDAND R:' KVIDT Planning Director Hays stated that the 'applicant is requesting an amendinent to Ordinance 140 C. S:" which 'was the original ,ordinance that' approved the Oak Park Acres development:-. Ordinance'140 C.S. now 'stipulate,;' that Parcel '13, which is the Greenbelt Open 'Space parcel' for' Oak Park, be retained by the developer. Recently, Noyes Road was realigned, which now causes it to bisect 'a small portiori'ofParcel13':' "The 'applicant own"s property adjacent to this parcel and wishes to, purcnase it:,' In order to split the parcel, Ordinance 140 C.S. must be amended. The applicant proposes that the property continue to be used as open space within his ownership. After discussion, and the hearing having been properly.published and noticed, Mayor Pope opened it for public coinment. :REUBEN KVIDT, 1035 Acorn' ,Drive', commented regarding the application'~and agreed with Mr. Hays' explaination of the request. E. MENARD" 924 Oak Park Road, stated he will retain the property as it is. BILL LANGWORTHY, 541 vista del Asta, spoke regarding the application. FRED STEELE, 1598 Hillcrest, questioned the tax structure. ELLA HONEYCUTT, 560 Oakhill Road, stated that there should be hearings on the EIR on changes to the Oak Park area. 84 CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 8, 1981 PAGE SEVEN MADELINE STEELE, 1590 Hillcrest, .spoke to the question. Council Member Millis questioned why this was not a lot split procedure. Planning Director Hays stated that Ordinance 140 C.S. states that ownership ,shall be retained by the developer. Mayor Pope pointed out that the ,ordinance is only amended to allow a different ownership. On motion of Council Member Hogan, seconded by Council Member Smith, it was unanimously voted to find that the project will not have a significant effect on the environment and that a Nega~ive Declaration status be granted. City Attorney Shipsey read the title of the ordinance. On motion of CouncilcMember Vandev~er, seconded by Council, Member Hogan, it was unanimous'ly voted to dispense with further reading of the' ordinance. CONTINUATION OF PUBLIC HEARING ON APPEALOF,PLANNING CO~IISSION'S DECISION RE: PROPOSED AMENDMENT TO LAND USE ELEMENT OF-THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL TO HIGH -DENSITY RESIDENTIAL AND ZONE CHANGE FROM R-l' TO R-3, 1385 BRIGHTON AVENUE, SIEGFRIED BADEN Mayor Pppe stated that at the Council meeting of November 24, 1981 the question was~raised as to whether proper public notice had been given at the Planning Commission meeting; and secondly, whether Council Member Vandeveer should be allowed to'participate in action on this item since he was the appellant of the Planning Commission action. City Attorney Shipsey recommended that Council make a motion to table any action on the general plan amendment until such time as the next public hearing-is set, res~ltant from Planning Cornmi:ssion decisions. He added that he ~ill have an answer on the issue~of Council Member Vandeveer's adility to participate ,prior to the time the Council will be able to proceed on the rez~ning issue. On motion, of Council Member Vandeveer, - seconded by Council Member Hogan, it was passed .,,' to table the matter of action on the general- plan amendment. C~uncil Member Hogan ,dissented. Mayor Pope opened the hearirig for comment. SHELBY DAVIS, commented regarding environmental questions. MARGARET STONE, attorney for residents surrounding the subject property, presented a written statement for the review of Attorney Shipsey and staff. CLOSED SESSION Council adjourned to a closed session at 9:00P.M. and readjourned at 9:20 P.M'. ORAL COMMUNICATIONS Council Member Vandeveer noted that per a recent notice from the League of California Cities, they requested a representative from each city to the League, It was the consensus of the Council that Administrator Sheldon notify_the League that Mr. Millis - -- is the representative. Mayor Pope requestedo:that City Attorney Shipsey review the Bingo ordinance and the fee exempt license requirements. He also ~equested that Staff return with a report at the next meeting of present capital outlay items not yet purchased in the current budget. He requested Planning Director Hays look into the urban reserve line and stated that there are ,developments occuring adjacent to the City limits that the' City should be aware o~. Council Member Millis requested that Written Communications be placed on the agenda before Oral Communications~ WRITTEN COMMUNICATIONS Mayor Pope noted the informational letter received from Mr. Stan Abbott, representative of the Rancho Grande development. J u " " ~ r -; 85 CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 8, 1981 PAGE EIGHT ADJOURNMENT On motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously voted to cancel the regular meeting of" December. 22, :'1981. On motion of Council Member Hogan, seconded,by-Council Member Millis, it was unanimously voted to adjourn at 9:30 P,M. m",,(l~~ DEPUTY TY CLERK: _ !..