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Minutes 1978-04-11 CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 11, 1978 ~) 0 1 -Ii I, jl I I, Upon Leon The City Council met in regular session with Mayor Mark Millis presiding. roll call, Council Members Hugh Pope; Jr., Matthew Gallagher, Jr., Gabe de and B'Ann Smith r~ported present. PLEDGE OF ALLEGIANCE' AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag; and immediately thereafter, Councilman Gallagher delivered the invocation. ~\ APPROVAL OF MINUTES The minutes for the regular meeting of March 28, 1978, were approved as prepared, with the following correction on Page 4, under the title of "Direct Preparation of Ordinance to Increase Parks & Recreation Commission Membership", last paragraph, last sentence, to read as 'follows: .....with consideration of the Ordinance not to corne before the Counc'n until May as the new members' terms would not begin until July 1, 1978." :;...-.- APPROVAL OF WARRANTS On motion of Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, Demand Warrants No. 8273 through No. 8352 in the total amount of $32,168.92, and No. P483 through No. P492, in the total amount of $90,167.81, and Payroll Warrants No. 11178 through No. 11306, in the total amount of $40,817.82, were approved and ordered paid. ,ADOPT RESOLUTION COMMENDING TOM CAROLAN ON' HIS 100TH BIRTHDAY Adrnin~strator Butch read in full a resolution honoring Grover City resident Torn Carolan on his 100th Birthday to be celebrated April 14, 1978. RESOLUTION NO. 1318 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONGRATULATING TOM CAROLAN, A RESIDENT OF THE CITY OF GROVER CITY, ON HIS 100TH BIRTHDAY. On motion of Councilman de Leon, seconded by Councilman Gallagher and on the following roll call vote, to wit: J ~I AYES: NOES: ABSENT: Council Members Pope, Gallagher, de Leon, Smith and Mayor Millis None None the foregoing Resolution was passed and adopted this 11th day of April, 1978. If " .COMPLAINT RE. CONSTRUCTION ON ASH STREET - HEAREN The Council reviewed a letter from Tom Hearen, 1171 Ash Street, wherein 'he cites his concerns abou~ two apartment projects proposed on Ash Street, particularly a 7-unit complex by N & H Builders. A report on the 'matter ,from Planning Director Castro pointed out that the one project had been approved last November, and the 7-unit complex proposed by N & H Builders has not yet been approved. He further stated that he could find no substance to Mr. Hearen's concerns as outlined in his letter, regarding the projects. ;;. ~ ~ REQUEST SUPPORT OF ELDERS' NEEDS ASSESSMENT - TRI-COUNTY HISPANIC ADVOCATES, INC. The Council read a letter from the Tri-County Hispanic Advocates, Inc., requesting the City's participation in conducting an Elders' Needs Assessment. Councilman de Leon amplified on the matter, being familiar with ,the program, and urged that something be done. Councilman Gallagher pointed out that the Economic Opportunity Commission of San Luis Obispo County had already made such a survey. After Council discussion, City Staff was directed to inform the Tri-County Hispanic Advocates, Inc. that the E.O.C. has already conducted 'a needs assessment survey and that perhaps their information will be helpful. ~ 'REQUEST VARIANCE FOR FENCE ON SIERRA DRIVE (LEMKE) - DENIED The Council reviewed a letter from Mr. and Mrs. Dan Lemke, 1690 Sierra Drive, requesting a variance to allow the placement of a 6' fence on City right of way on Sierra Drive, for more privacy. A report on the matter by Director of Public Works Anderson was also reviewed, which recommended denial of the request as the proposed solid fence would create "side friction" to vehicular traffic on Sierra Drive. Also discussed in the letter and report was the subject'of the cutting down of a pine tree on the Lemke property, which was just supposed to be 'trimmed by City crews. The Council discussed the request at length, with input received from Mr. Dan Lemke and other citizens. Concern was indicated by the Council " [ I; .---.J 0'02 CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 11, 1978 PAGE 2 regarding possible City liability if the fence caused visibility and side friction problems to traffic and the fact that placement of the fence would be on City right of way. Councilman Millis offered a compromise that perhaps the fence be placed 8 or 10 feet from the roadway but be 8' to 10' high. Administrator Butch stated that other means of a privacy barrier had been suggested, such as shrubbery or a hedge. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Pope and unanimously carried, that unless the Lemke's, of 1690 Sierra Drive, can come up with another option, the variance request is denied for the placement of a 6' solid wood fence on the City's right.of way. PUBLIC HEARING - ESTABLISH BUILDING SURCHARGE FEE ON NEW CONSTRUCTION-ORD. 1ST READ. City Admin~strator Butch reviewed the background ot the ~ounC~i'S aeterm~na- tion for the need of a building surcharge fee on new construction for the establishment of a Capital Improvement Fund to help pay for expansion of City services due to increases in the population. Upon being assured by the City Clerk that this public hearing has been noticed according to law, Mayor Millis declared the hearing open and all persons would now be heard for or against the proposed building surcharge fee. The following persons were present and spoke in favor of the fee, Marie Cattoir, 195 Orchid Lane; and Elizabeth & Allen Jackson, 208 Fair View. The following persons spoke against the proposed fee, Leo Harris, 1510 Chilton. The following persons were present and commented or posed various questions about the fee, Madeleine Steele, 1598 Hillcrest, asked how the $400 fee for residential dwelling units was derived at. Administrator Butch explained that it was based on what would have been generated with such a fee last year. In answer to her question on how the fee compares to what other cities are charging, he again reviewed information received from other cities and their charges. He further stated that many go higher as they include a fee for schools. Planning Director Castro stated that the construction fee in Livermore is very high, but this is mainly for their sewer and water hook-up fees. Carolyn Moffet of the Oak Park area and Judy Wi.ngerd of 251 S. Alpine asked if a fee for school expansion is being considered in setting the $400 fee. It was explained that the school fee is a separate matter to be considered at a later time. Rick Phillips, 1010 Fair Oaks Avenue, pointed out there are already other charges on a building permit. Administrator Butch explained that the current fees are for sewer and water hook-ups and other required fees. The $400 is for a Capital Improvement Fund that does not include water, sewer, etc. expenses. Fred Steele, 1598 Hillcrest, urged that the fees be reviewed from time to time. Dan Ralph of Oak Park Road asked whether the fee would ease the tax burden. Administrator Butch explained that the $400 fee is to help build a surplus fund for Capital Improvement items, wo when a major purchase becomes necessary, such as in the case of a new fire station location, the funds are available and a lease-purchase is not necessary where years of interest need to be paid and the land cannot be built on until the lease-purchase has been satisfied. This fee would more or less alleviate the necessity of raising taxes for the same purpose. The fee of $.20 per sq. ft. for commercial buildings was explained to Paul Geale of Huasna. Lonnie Wells of Traffic Way commented that with higher taxes there would be fewer school children. There being no further public discussion on the matter, Mayor Millis L-O declared the hearing closed. The Council reviewed a proposed Ordinance prepared by the City Attorney establishing a building surcharge fee. The Council agreed that the fee was necessary, but Council Members de Leon and Smith objected to the $400 fee for adding on a room to a house. After further Council disc~ssion, it was generally agreed to amend the proposed ordinance by providing the rate of $.30 per sq. ft. for alterations to dwellings, which would include the addition of a room, regardless of purpose, to a house. City Attorney Shipsey then read, for its f~rst reading, the title of an Ordinance, as amended by the Council, establishing a surcharge on new construction. A motion was then made by Council- man Gallagher, seconded by Councilman de Leon and unanimously carried, to dispense with reading the balance of this Ordinance. < ( \. ~ RECEIPT OF DEPARTMENTAL REPORTS FOR MARCH, 1978 The Council received, reviewed and ordered filed the Departmental Reports for the month of March, 1978, which included a detailed report from Youth Service Officer Roy Gibson regarding his attendance of the eight week Delinquency Control Institute at the University of Southern California. GiG 3 I CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 11, 1978 PAGE 3 ,('1 ,~~ '- ORDINANCE ADOPTION - AMENDMENTS TO BUSINESS LICENSE ORDINANCE City Attorney shipsey read the title of an ordinance amending the Municipal Code.by making various revisions relating to the Business License Ordinance. A motion was then made by Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, to dispense with reading the balance of this ordinance. ORDINANCE NO, 177 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 1 OF TITLE 3 OF THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING SECTIONS 3-1.116, 3- 10 119, 3-1.404, 3-1.409, 3-1.416, 3-1.420, 3-1.424(c), AND 3-10425(3) (b), AND BY ADDING SUBSECTIONS (5) (d) AND (5) (e) TO SECTION 3-1.425 !<ELATING TO ARROYO GRANDE CITY BUSINESS LICENSES. On motion of Council Member Gallagher, seconded by Council Member Smith and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Pope, Gallagher, de Leon, Smith and Mayor Millis None None the foregoing Ordinance was passed and adopted this 11th day of April, 1978. REPORT RE. LAFCO HEARING ON EL CAMINO REAL ANNEXATION NO. 1 (BRISCO HILL) The Council reviewed a report from Planning Director Castro on his and Director of Public Works Anderson's attendance at the public hearing held by the Local Agency Formation Commission (LAFCO) regarding the proposedEI Camino Real ,No. 1 annexation to the City. The Commission had approved the annexation subject to an election by the people in the affected area being proposed for annexation, also known as Brisco Hill. Administrator Butch requested and the Council agreed to hold off any action on this matter pending a meeting 'he will have with LAFCO Officer Barbara Carlson. PROGRESS REPORT - SOUTH COUNTY AREA TRANSIT SYSTEM . Administrator Butch reported that the buses for the South County Area Transit (SCAT) System are ready and will be picked up shortly. He also displayed the ,proposed logo for the buses, which will also be placed at bus stops. REVIEW OF LATEST LEGISLATIVE BULLETINS FROM LEAGUE OF CALIFORNIA ,CITIES The Council received and reviewed the latest Legislative Bulletins from the League of California Cities. RESIGNATION OF DOWNTOWN PARKING ADVISORY BOARD MEMBER - PORTER Administrator Butch reported that Peggy Porter, member of the Downtown Parking Advisory Board, has declined to continue serving on that Board since the ,sale of her business, although no formal letter of resignation has yet been received. Her te1m on the Board expired January 31, 1978 (NOTE: Correct expira- tion of her term, per Ord. 162 C.S. is June 30, 1978). The Council directed that a plaque with a Certificate of Appreciation be prepared for Mrs. Porter, in thanks for her many years of service to the City. :,r. , \-- PROPOSED AGREEMENT FOR USE OF POLICE DEPT.' S HOLDING CELLS BY COUNTY- HELD OVER .Further discussion cf a proposed agreement between the City and County 'for use of the Arroyo Grande Police Department's holding facilities (jail cells) for juveniles on a temporary basis, was held over per the Police Chief's request. He is still reviewing the questions of hours involved and reimbursement of costs to the City. PROCLAMATION - "CALIFORNIA CONSERVATION DAY" (ARBOR DAY) - APRIL 28, 1978 Mayor Millis proclaimed April 28, 1978 as "California Conservation Day" in the City of Arroyo Grande, which coincides with Arbor Day. On.this day, the California Conservation Corps hopes to plant as many trees as possible with- in the City, with monetary donations from residents. He urged citizens to get behind this .tree planting program. FURTHER DISCUSSION - PROPOSED "MARKET DAY" - FURTHER REVIEW BY P & R COMMISSION The Council reviewed a second preliminary outline of the proposed "Market Day" as discussed by the Parks & Recreation Commission. It is still just in the proposal stage, with no formal action required yet by the Council. Set up and space assignments and other details will be handled by the Parks Consultant, Bob Gallop, during the trial basis. GOLt CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 11, 1978 PAGE 4 The Council discussed the proposal, still being in general agreement that only home-grown produce products should be sold and that the market be held every Saturday during the seasons that produce is available. It is hoped that other details can be worked out during a proposed joint meeting between the Council and Parks & Recreation Commission. PROGRESS REPORTS: FIRE STATION; CCMMUNITY BUILDING; STROTHER PARK Administrator Butch gave progress reports on various City projects, as follows: a) Potential Fire Station locations have been narrowed down to three sites and are being studied further. b) The Community Building Committee will be meeting next week to review the preliminary expansion plans and probably have a recommendation for the Council in the near future. 0' c) Plans and specifications have been completed for the first phase of Strother Park development and should go to bid soon. SET DATE FOR TOUR OF RANCHO GRANDE PROPERTY: MAY 6, 1978, 1 :30 P.M.-4:30 P.M. The Council reviewed a letter from Rancho Grande Properties, developers of the proposed Rancho Grande planned development, stating that roads into the property will be graded this week so that a field trip study session should be possible thereafter. Administrator Butch stated that buses would be rented to enable the public and news media to participate in the field trip. He suggested the tour be held on Saturday, May 6, 1978 from 1:30 P.M. to 4:30 P.M., which the Council agreed to. PLANNING COMMISSION RECOMMENDATION REo PROPOSED SAN LUIS BAY PLAN - HELD OVER Discussion of the Planning Commission's recommendations regarding the County's proposed San Luis Bay plan, was held over. REPORT - RECENT COUNTY WATER RESOURCES ADVISORY COMMITTEE MEETING Council Members Pope and Gallagher had attended the April 5, 1978 meeting of the County Water Resources Advisory Committee and reported on same. The County Hydraulic Engineer had reported that funds were available under AB788 that public agencies or private individuals could apply for to get funding to clean out silted-up streams. He hoped that City Staff would follow up on this for Tally Ho Creek. The Committee was also notified that the Board of Supervisors will be placing an advisory question on the November ballot for the County's voters, asking whether the County should continue to support the California Water Project. Also briefly reviewed was pending legislation regard- ing the Arroyo Grande Water Basin. RECEIPT OF MINUTES OF SANTA BARBARA CO. WATER PURVEYORS COUNCIL MEETING The Council received and reviewed the March 8th minutes of the Santa Barbara County Water Purveyors Council meeting. VARIOUS REQUESTS RE. LOT SPLITS, PARCELS & MAP APPROVALS - HELD OVER The following requests for approvals were held over until the Council's next regular meeting, as asked by the City Engineer's Office: Lot Split Case No. 77~178; Tract No. 533, Unit III; Lot Split Case No. 77-263; Lot Split Case No. 77-269; AG Parcel No. 78-29; AG Parcel No. 78-30; and Lot Split Case No. 78-289. u PROGRESS REPORT - TALLY HO DRAINAGE STUDY BY GARING, TAYLOR & ASSOC. The Council received and reviewed copies of a letter from the Corps of Engineers, pursuant to the City's request that said agency implement the 1948 Flood Control Act to reduce flood damages within the City in the Tally Ho Creek area. They replied that a survey study of the County's streams is being made, including Arroyo Grande Creek. This study is scheduled for completion in September, 1978. A flood insurance study, defining flood boundaries for selected streams, including Tally Ho Creek, is expected to be completed by August 1, 1980. Director of Public Works Anderson reported that the Engineering Study by Garing, Taylor and Associates is in the information gathering stages and they should be ready to make a proposal soon. In answer to Councilman Gallagher, Mr. Anderson stated that the engineering firm will also be meeting with the Corps of Engineers in preparing their study for the City. n LJ" r; ";~ v l' I' CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 11, 1978 PAGE 5 PR0GRESS REPORT - SO. SAN LUIS OBISPO COUNTY SANITATION DISTRICT The Council received, reviewed and ordered filed the monthly report on maintenance and operation of the treatment plant of the South San Luis Obispo County Sanitation District, for March, 1978. Administrator Butch reported that the ocean outfall line is in the second phase of the grant project and engineering is being done for design of the out- fall line. PROCLAMATION - "PUBLIC SCHOOLS WEEK" - APRIL 17TH THROUGH 21ST, 1978 Mayor Millis read in full a resolution 'proclaiming April 17th through April 21st, 1978, as "Public Schools Week" in the City of Arroyo Grande. r PROCLAMATION - "CLEAN-UP WEEK" - MAY 1ST THROUGH 8TH, 1978 Mayor Millis proclaimed the week of May 1st through May 8th, 1978, as "Clean-Up Week" in the City of Arroyo Grande. During this week, extra trash will be picked up to help citizens in clean-up efforts. On May 3rd, extra trash will be picked up on the east side of Highway 101, and on the west side of the freeway, the pick-up will be on May 4th. A general pick-up by the City truck will be on Friday, May 5th. GRANT PERMISSION TO BE ABSENT FROM STATE - GALLAGHER On motion of Councilman de Leon, seconded by Councilwoman Smith and unanimously carried, Councilman Gallagher was granted permission to be absent from the State during a portion of April, 1978, as requested by him. ADJOURNMENT On motion of Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, the meeting adjourned at 9:25 P.M. ATTEST:~ 2. 0&/ ~~ CITY CLERK r .)... , .- "