Minutes 1982-11-09
244
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
NOVEMBER 9, 1982
The City Council met in regular session'with Mayor Smith presiding. 'Upon
roll-call, Council Members Lawrence E. Vandeveer, Matt Gallagher, and
Mark M. Millis reported present. Council.Member Karl'A. Hogan was absent.
PLEDGE OF ALLEGIANCE
'Council Member Gallagher led the Pledge of Allegiance to our Flag.
Pastor Kenneth Beene, Landmark Missionary Baptist Church, Arroyo Grande,
California, delivered the invocation.
APPROVAL OF MINUTES u:: -
On motion,of Council Member Vandeveer, seconded by Council Member
Gallagher; it was unanimously voted to approve the minutes of October 26, 1982
as presented.'
APPROVAL~OFWARRANTS ~
On'-motion of Council Member Vandeveer, seconded by Council Member
Gallagher, Demand Warrants #P447' through #P462 and'#18680"through #18742 'in-
the amount of $244,010.33 and Payroll Warrants #23577 through #23659 in
the amount -of $75;999-.70 were approved and ordered paid.
APPROVAL OF. CONSENT AGENDA ITEMS-
On motion of Council-Member Gallagher, seconded by Council Member
Vandeveer, it was unanimously voted to approve Consent- Agenda Items #1 through
#4 with the recommended courses of action.
A-I. Receipt of Departmental Montly Report for Month-of October, 1982.
RECOMMEND REVIEW AND FILE.
A-2. Receipt of Answered Agenda for Planning Commission Meeting of
November 2, 1982, RECOMMEND REVIEW AND FILE.
A-3. Receipt of Invitation for-Council-to Participate in Grover City's
Christmas Parade"- Theme: "Christmas in the 'Ole South' County" i Saturday,
December 4, 1982, 10 A.M. RECOMMEND-NOTIFICATION TO STAFF RE: COUNCIL
PARTICIPATION.
A-4. Receiptoof Statistical Report by Animal Regulation Advisory Committee
for City of Arroyo Grande Only for Period of 7/1/82 to 9/30/82 and Minutes of
Said Committee's Meeting of 7/82. RECOMMEND REVIEW AND-FILE.
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REPORT RE: OUTCOME OF SALE OF CITY'S SURPLUS ITEMS - AUCTION HELD 10/25/82
Acting Administrator Reported that the City's net from the-
surp~us sale is $1,970.88. He also presented a list of items sold and the
amount received for each and added that Staff is pleased with the-result of
this sale.
SECOND READING-OF ORDINANCE TO ESTABLISH NEW FILING FEE OF $100 FOR USE PEIDIITS U
AND VARIANCE PERMITS
Attorney Shipsey-read the title of-the ordinance; On motion of
Council Member Gallagher, seconded by-Council Member Vandeveer, it was
""""Uoo'"" "",., On ",p..'. .,,. ,",'ho. "'''''0 "' "0 "",,"""0.. . I .
ORDINANCE NO. 286 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE ARROYO 'GRANDE
MUNICIPAL CODE BY AMENDING CHAPTER 4, TITLE 9,
SECTION 9-4.3l02(b) AND SECTION 9-4.3l03(c)
RELATING_TO USE PERMIT AND VARIANCE APPLICATION FEES
On
Millis, and on
motion o~ Council Member Gallagher, seconded by Council Member
the, followfI}g .~oll. call vote, to\,'iWit:
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245
CITY COUNCIL'
ARROYO GRANDE, CALIFORNIA
NOVEMBER '9, 1982
PAGE TWO
-,- .,'
AYES: '
NOES:
, 'ABSENT:
Council-
None'- '-.
"Council
Members Vandeveer';' Gallagher,' and-Millis,' Mayor- Smith
,-:-
Member Hogaw
. ':
the foregoing Ordinance' was p'assed and adopted'this 9th day of November" ~982.
SECOND READING :OF 'ORDINANCE' ESTABLISHING ZONE',CHANGE TO "RAB2",' 345 TALLY' HO
ROADMIRRESSMAIL' AMJADI', REZONING CASE' NO. 82-166'-
, .. - ...-
, Attorney 'Shipsey, read' the -title"of the, ordlnance. On motlon
of Council Member "Gallagher, seconded by 'Council-Member Vandeveer, it- .~~
was unanimously- voted,to"dispense with 'ftll:-ther reading of the "ordinance: ..'
ORDINANCE NO. 28SC.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, 34S"TALLY HO ROAD'
-'On 'motion' of CouncB,-MembeY Gallagher, "seconded by Council
Member Vandeveer;' and on the-following'ro111call'vote, to'wit:
AYES:
NOES:
ABSENT:
Council -Members 'Vandeveer and Gallagher, Mayor Smith
'Council Member Millis "
Council Member Hogan
the foregoing Ordinance was passed and adopted'this 9th day of November, 1982.
Council Member Millis 'stated that this rezoning-will create only one additional
lot, but the cumulative' effect should be reviewed~ 'This rezoning' wilL box
in a large-area -and if Council: continues to 'change the character'of~the'area,
it'must assume the' responsibility- of the improvements toTally Ho' Road. --
A(
REPORT OF' JOINT "MEETING WITH CITY 'COUNCIL; VILLAGE MERCHANTS ASSOCIATION AND
DOWNTOWN"PARKING"ADVISORY':BOARD HELD'NOVEMBER- 8; 1982' --
Acting'Administrator-Clark~ reported "that it-was the consensus
of those present at 'yesterday's meeting 'that there '-is a need for restroom
facilities in the 'downtown' area and that they'be constructed-by'volunteer
means. All committee members will report to -their' ~espective committees ".-
and City staff will"check 'into the most appropriate' locations for'the
restrooms with respect~to 'water and sewer lines~ 'Mr~ -Clark also"reported
that Plaiming Director--Hays gave a 'presentation regarding ,possible redevelopment
procedures for the--downtown/village--area. Those present indicated they would
be interested in further information and Mre Hays will schedule a me~ting
with a'consultant: '
PROGRESS
REPORTS OF PENDING ITEMS OF 'BUSINESS FORXCUNCIL'S CONSIDERATION
'--Update of Land Use-Elemen~.
, --Oak 'Hill R6ad. -' ',.
. --Assessment District,' Ree Water Storage Facilities to Serve
Tract 824,Lot 11 of"Trac~ 604; Oak Park Acres.
--City's Available Loan Funds Under California'Safe Drinking'
Water -Bond: Law of 1976- - Public"Hearing- set -for-November 23'; '1982.
: -'--School Facilities Fe'e 'Ordinance- '(Being Held in Abeyance 'Until:-
After Mayors' Meeting Scheduled for November 10, 1982).
--Tally Ho~Road- - Drainage Conditions~"Future of Area~.etc.
--Employer-Employee -, SEIU' - Memo of Understanding. "
--Status Report, Re. Woodland Drive',Park Area (Pending Review-
by City Attorney).
--Adoption of Resolution, Re. Personnel ~ys~em.
--Wells Drainage Matter and Concerns by Residents of Pearwood
Avenue Pertinent to Same.
--Sou~h County Water Association and Matters Pertaining Thereto.
--New Format, Re. Legal Publications - In Particular, Ordinances
(Pending Review by City Attorney).
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246
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
NOVEMBER 9, 1982
PAGE THREE
Attorney Shipsey reported that a notice has been sent to Mr. Richard Lemon,
regarding the Oak Hill Road matter, 'advising him that 'a hearing will be
held on November 23, 1982 to discuss the possible violation'existing there.
Mr. Lemon has the opportunity to appear and give his testimony. Mr. Shipsey
advised that this item be removed from Pending Items. Public Works Director
Karp stated that he has met with the engineer for the Tract 824 assessment
district and he will, have a recommendation in the near future. Attorney
Shipsey stated that he has reviewed the new format regarding legal publications
and the Government Code provides that a synopsis may'be prepared for"the
Phub lhicatlt'hon .of Ordthinanc':ets'ClA rkeSolut~on will be pres~nted 'at the next meeting Ul'.'
w ic au orizes e 1 y er to prepare the synopsls. Public Works .
Director Karp indicated that, regarding the Wells Drainage matter, the
residents in-the area were interested in reSOlving the drainage overflow in
an alternative manner by piping the overflow to Pearwood Avenue.between
homes owned by the Romeros and the Dolls. Mr. Karp reported that certain
questions could not be resolved without additional engineering study but
the cost of that alternative would be approximately $35,000 assuming the
right of ways were granted at no cost to the City. He also reported that
the alternative was discussed with Mr. Shipsey who felt that the City's
liabilities would increase if drainage was diverted to a new location that
would affect additional citizens. He indicated he' felt that such proposals
should be considered by Council to be very positive input on the part of the
Pearwood area residents and ,that 'Staff appreciates working with them in
such matters. Acting Administrator Clark advised that there will be a public
hearing regarding the Water Bond Law of 1976 on November 23, 1982 and this
i teIiuwill be removed from the pending i temsportion 'of the agenda. Mr. Clark
also reported that the next meeting of'the South County Water Association
is December 1, 1982.
COUNCIL DISCUSSION RE: CURRENT PROJECTION OF 1982~83 FINANCIAL CONDITION
OF CITY OF ARROYO GRANDE
Acting Administrator Clark stated that during'budget discussion
Council'requested that Staff keep them up to date'regarding the City's
fiscal condition. Finance Director Bacon stated that the submitted report
is categorized'by changes to the opening'reserves. The State's action with
regard to cigarette tax is listed as zero as the amount of monies to be received
from this' tax was not known. He stated that a memo was 'received from the
County Auditor-Controller's office indicating apparent additional property
taxes over what was originally estimated, and this estimated amount was included.
He stated that' among the interfund transfers it is' 'indicated a fund balance
projection and 'anticipated deficits in the utility operating fund. To'bring this
fund" to a zero position, -it "would need to be subsidized from the general fund
andc:he,olisted'the amounts which would be needed. 'The revenue sharing monies
are being transferred as it is received over to the general furid.to support.
current operations. Mr. Bacon predicted that' the yearend general fund will
break' even, although there will be no carry-over' to next year. The federal
year ends September 30 so our 1983-84 budget will contain three months worth
of federal money which will aid the City but will not continue all year long. ,
We have had no indication of renewing the Federal Sharing program at this time.
Council Member Gall~gher stated that, in the interest of sound financial
budgeting, the utility rates should be adjusted so they a~e not sUbsidized
by the general fund. He requested that a proposal be returned at th~lnl'"' l.J
meeting so that a'mid-term adjustment can be made. Council Member M1 18
stated that a public hearing should be set~ Council Member Vandeveer agreed
that the rates'should"be adjusted;" Acting Administrator' Clark commended
cityddepartment heads for their extra effort in cutting costs. It was the
consensus of Council that Staff return-with a proposal on this item.
,
*amended 11~23~82. Council Member Vandeveer'added that while he is in favor
of raising the utility rates, he was also opposed'to raising the issue again
after it had already been resolved.
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247"
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
NOVEMBER '9, 1982
PAGE FOUR
REPORT BY PUBLIC WORKS DIRECTOR RE: RECEIPT, OF' LETTER FROM' ERWIN A, 'DANN
ON CONDITION OF WATER RUNOFFDRAIRAND SURROUNDING SUPPORT THEREOF, WOODLAND
DRIVE AT ARROYO GRANDE CREEK " ':' '~ ,,' '
Public WorkscDirector Karp'stated that he does not usually bring
matters of this type to Council, but there appears to be a vandalism
problem to the structures being repaired'by'the City and he wished'Council
to be aware of the problem. He stated that, Staff has no problem with
maintaining the structure, but if the problems continue there should be
a police investigation as to"how it'is 'being destroyed. rThe City will"
again repair the culvert; Mayor Smith'questioned,the' status of the right
of way. Mr. Karp explained that the culvert is in a public right of way.
Mr . Dann allows' the' City access through' his property to allow maintenance.
Pipe extension was added to,the'culvert'to replace'and'hold'spillway' that was
put in when the original'pipe was constructed'and debris'was,piled into
the spilway. Runoff from the pipe was diverted off the right of way and
into Mr. Dann' s property causing damage to his 'backyard. "The debris was
removed and "an extension was put on to divert rUnoff and would be less
likely to cause problems, 'Mr~ Erwin:A::Dann," 509 'Woodland Drive, stated'
he appreciates the'efforts of Staff in this matter; He'stated'the spillway
was'deteriorated and then materials were thrown into-the 'spillway 'which '
caused erosion'<of,three'to four feet'of his property' 'Mayor Smith requested
that Staff keep track of the cost of the repairs to the culvert.
'REPORT'BY PUBLIC WORKS DIRECTOR'REi RECEIPT 'OF 'LETTER FROM 'KOENIG AND WOOD'
DEVELOPMENT COMPANY RE: K-MARTi' PERTINENT'TO'ON~SITE AND OFF~SITE REQUIREMENTS
. . '"Public' Works Director Karp reported-' that- as -K-Mart .,is- scheduled
for opening this week, the developer of the shopping center has agreed
to finish:->any remaining items which would hold upK-Mart. 'The letter from
Koenig and Wood'states,this agreement. Mr.' Karp stated that those improvements
which are'required for K-Mart to'operate'have been completed satisfactorily.
He wished Council:to'be aware of,this procedure 'and stated it has been
used in the past, for example; with the 'Lucky-Payless' shopping center.'
Council concurred with the procedure.
REPORT/RECOMMENDATION BY PUBLIC WORKS DIRECTOR RE: ACCEPTANCE OF TRACT 984;
SUNNY GARDENS, HUASNA ROAD, 'KAZUO IKEDA" "..'
Public,Works Director Karp stated that nearly all of the work
required to'completerthe'improvements for this' tract has been completed.'
The major item remaining'unresolved is completion of the as~built drawings
by the engineer for Ikeda 'Enterprises. , Ikeda Enterprises has' assured that
this work wilY be'completed' this week.~ 'He' recommended ,that 'Council accept
for maintenance the improvements constructed with-Tract 984 "and to'release
the bonding which was posted,to guarantee the 'completion' of 'the improvements.
On motion of'Council Member Vandeveer, seconded by Council Member Gallagher,
it was' unanimously voted to' accept Tract",984. Council'Member Hogan
was absent;' "
REPORT/RECOMMENDATION-BY~PUBLIC WORKS'DIRECTOR RE::FINAL APPROVAL,OF TRAeT
1014; '1146 'ASH STREET,' JOE LINDSEY' , , " "
Public Works Director Karp stated that the tract is located on
the southerly "ide of, Maple Street between Elm Street and Walnut'Street.
The area is zoned" RG 'and c'lassedmedium' high density residential'in ,the
Land Use Element of'the'General Plan.' The Use'Permit'and Architectural' Review
approvals have 'been' granted. 'The'developer has' dedicated'street' tree and,
. water" line" '-easements on the- map. '- He- recommended- that- Council: approve
Tract 1014 'subject to,the:following'requirements:
1), 'Approve the' concept of sewering the 'condominium with private pipeline
which will be maintained by the Homeowners Association" (contrary to
prior approvals but recommended by the Director of Public Works).
,248
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
NOVEMBER 9, 1982
PAGE FIVE
2) Authorize the Mayor to enter into the subdivision agreement with the
developer as required by law,
3) Accept on behalf of the public subject to improvement, the- easements
-dedicated for street trees and water lines constructed.
4) Find that the improvements are necessary prerequisites-to the orderly
development of the community.
5) Find that-the map_conforms with the'tentative map found consistent by
the-Planning Commission with the City General Plan.
u
On motion of Council Member Vandeveer, seconded by Council Member-Gallagher,
it was 'unanimously-voted to approve Tract 1014 subject to the requirements
as stated by-Mr. Karp; Council Member Hogan was absent;
REPORT/RECOMMENDATION BY -PUBLIC WORKS DIRECTOR - RE: SAFETY IMPROVEMENTS FOR
TALLY HO ROAD AT INTERSECTION OF LE'POINT STREET
Public Works Director Karp stated that since an update to the
Circulation Element is being studied, he 15 recommending certain' interim
improvements to'-Tally Ho Road. Mr. Karp disp1ayed plans and road contours
of Tally-Ho Road and recommended the Iollowing immediate-action be taken:
1) Place reflective delineators on the center line striping.
2) Review the curves for appropriate light at night and take- appropriate, action.
3) Addaappropriate curve delineators of vertical signs ,which would be
visible to drivers as the proceed through the curves from either direction.
George Sprague, 212 Tally Ho Road, spoke regarding the drainage 'problems
in the area and stated that vegetation. needs to be' cleaned from the creek.-,
Chuck Fellows, 202 Canyon Way, spoke regarding the drainage. 'It was the
consensus of Council to accept Mr. Karp's recommendation and request that he
report. back as to the effectiveness of these procedures;
RECEIPT OF LETTER FROM KEN HOLLINGSWORTH RE: TOWING SERVICES RENDERED WITHIN
CITY OF ARROYO GRANDE
Acting Administrator Clark read the letter from Mr. Hollingsworth
of Ken I s Exxon,' requesting. a contract for towing services. . Mr. 'Clark explained
that presently the Police Department's tow service-calls are rotated monthly
among"three companies. The response and service received from two of'the
three companies has been above avercage. Delays have been "experienced in
response times from one company but he. does not. feel this is'sufficient
grounds for dropping them from the' rotation list at the'presen~_time.
-Mr. Holllngsworth stated that because one of the companies is located in
San Luis Obispo, he'can provide better response time. Bill Arnold stated
that he wished to remain on the. rotation list and explained-the operations
of his tow service. Council Member Vandeveer stated that the Police
Department should handle th~s matter as they are responsible for the tow
service provided. Council-Members Gallagher and Millis agreed. It was the
consensus of Council to allow the Police Chief.to administer this matter. .
ORAL COMMUNICATIONS - Council Member Gallagher requested Staff to' notify Attorney
Shipsey regarding the consensus of'the Iblock house' near the gazebo area at
CounciL's adjourned meeting of November. 8, 1982~ Council Member Vandeveer stated
there may-be a violation of the CC&Rs-of Rancho Grande--as there appears to be
numerous oak trees being cut on that property. He requested Staff to-investigate
this possible violation. Mayor Smith reported-that the Local Agency Formation
Commission will do a study for the City, without charge, of the City's Sphere
of Influence areas. She requested that'Council agree to write a letter requestin~:
this st~dy. Council concurred..
J
CLOSED SESSION - Council adjourned to closed session at 9:35 P.M. and returned
at 10:00 P.M.
ADJOURNMENT - On motion of Council Member Vandeveer, seconded by Council Member
Millis, it was unanimously voted to adjourn at 10:01 P.M.
m~T'&~~
DE UTY CLERK
~~{J4f/X-J ~ATL