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Minutes 1978-06-27 042 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 27, 1978 The City Council Upon roll call, Council Smith reported present. met in regular session with Mayor Mark Millis presiding. Members Matthew Gallagher, Jr., Gabe de Leon and B'Ann Council Member Hugh Pope, Jr. is absent. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag. Thereafter, Reverend Larry Pitcher, of the Church of the Nazarene in Grover City, delivered the invocation. APPROVAL OF MINUTES On motion of Councilman 'de Leon, seconded by Councilman Gallagher, andcunani- mously carried, the minutes for the regular meeting of June 13th and regular adjourned meetings of June 12th and June 19th, 1978, were approved as prepared. r APPROVAL OF WARRANTS On motion of Councilman Gallagher, seconded by Councilman de Leon,and unanimously carried, Demand Warrants No. 8774 through No. 8853, in the total amount of $58,815.85; and Payroll Warrants No. 11705 through No. 11793, in the total amount of $33,781.60, were approved and ordered paid. .~ COUNCIL MEMBER POPE ENTERED THE MEETING AND IS NOW PRESENT. APPROVAL OF CONSENT AGENDA' ITEMS On motion of Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, the following Consent Agenda items were approved, as recommended by City Administrator Butch: A-1. Request of the Arroyo Grande Valley Babe Ruth League for a Fee Exempt License to Sell Fireworks from July 1 through July 4, 1978, at the Corner of Elm Street and Grand Avenue. RECOMMEND APPROVAL AND ISSUANCE OF A FEE EXEMPT LICENSE. 2. Request of Five Cities Jaycees for a Fee Exempt License to Sell Fireworks from June 30 through July 4, 1978, at the Corner of Grand and Elm Street. RECOMMEND APPROVAL AND ISSUANCE OF A FEE EXEMPT LICENSE. 3. Request and Concern of st. Patrick's Near and Adjacent to St. Patrick's School. COMMISSION, PLANNING COMMISSION, DEVELOPERS School Board, Re. Proposed Developments RECOMMEND REFERRAL TO PARKS & RECREATION AND COUNTY BOARD OF SUPERVISORS. 4. Receipt of a Recent Legal Counsel Opinion Regarding the Enforcement Authority of LAFCo. RECOMMEND RECEIVE AND FILE. 5. Recommendation and Concern of Grover City Parks & Recreation Commission, Re. Shortage of Recreation Facilities in our Community. RECOMMEND REFERRAL TO PARKS AND RECREATION COMMISSION. 6. Recommendation of Insurance Claims Adjuster that the City Council Deny the Claim of Robert Baldwin and Rodney Gibson. RECOMMEND THAT THE CITY COUNCIL DENY THE CLAIM. 7. Period Receipt of Financial Report for Central Coast Self-Insurance Fund for the Ending April 30, 1978. RECOMMEND RECEIVE AND FILE. 8. Receipt of First Quarter Report on Sales Tax and Cigarette Tax for January, February and March, 1978. RECOMMEND RECEIVE AND FILE. DIRECT ORDINANCE AMENDMENT TO PUT CEILING ON BLDG. SURCHARGE FOR HOME ADDITIONS The Council read a letter from Wallace E. Irey, 627 Cerro vista Lane, who stated his opinion that the 309 per sq. ft. charge on additions to homes (recently adopted by Ordinance No. 178 C.S.) is discriminatory, as it cost him $437.40 to add to his house, whereas it would have only cost $400 to build a whole new one. He further pointed out that an addition to an existing house does to require additional City services. The Council discussed the matter, generally agreeing that a ceiling on charges for additions to houses should be affected. After Council discussion, a motion was made by Councilman de Leon, seconded by Councilman Gallagher and unani- mously carried, instructing City Attorney Shipsey to prepare an amendment to Ordinance No. 178 C.S. to put a ceiling of $400 on home additions, as the maximum possible per square foot charge. D Administrator Butch also reported that a verbal concern has been expressed to him from the Christian Academy regarding the building surcharge, as to whether the Council intended non-profit organizations and schools to be exempt from it. Mayor --~ Millis directed that the matter be placed on a future Council agenda. r . '-. n --- n). ~ ~' t....... ii .CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 27, 1978 PAGE 2 LETTER FROM COUNTY RE. CONFORMANCE OF SO. CO. CIVIC CENTER WITH CITY'S GEN. PLAN The Council reviewed a letter from the County Planning Department, regarding the conformance of the South County Civic Center with the City's General Plan. Administrator Butch reported that a meeting has been set for July 5th with representatives from the County and City Staff members, along with Council Member Gallagher, to review the .County's Civic Center plans and its conformance with the City's General .Plan. REFER TO ZONE 3.A LETTER FROM .GROVER CITY RE. LOPEZ REC. AREA ENTRANCE CHARGES The Council read a letter from th.e City of Grover City, along with that Council's Resolution, requesting support to petmit cost free ,admissionxo the Lopez::-Lake Recreational area of South County residents paying on the Lopez Dam Bond. The Council discussed the matter, including the fact that the park was built with State bond monies and generally agreeing that to let local persons in for free, would be discriminatory to the other residents of the State, who al:so~paid for the recreation bond. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman de Leon and unanimously carried, referring Grover .City's .letter and resolution to the Zone 3 Advisory Committee, for its review and recommendations. MAYOR MILLIS EXCUSED HIMSELF FROM THE COUNCIL CHAMBERS DUE TO A POSSIBLE CONFLICT'OF INTEREST IN THE FOLLOWING ITEM AND IS NOW ABSENT. MAYOR PRO TEM GALLAGHER IS NOW PRESIDING. ADOPT ORDINANCE RE. SCHOOL FACILITIES FEE ON NEW CONSTRUCTION The Council reviewed again a proposed ordinance establishing a school facilities dedication of land and fees to be levied on residential development, which the Council had held a first reading on at its last meeting. In the mean- time, Grover City had amended some of the provisions of the ordinance, and the City of Pismo Beach and the County Board of Supervisors had declined to pass the ordinance. Councilman Gallagher urged Council Members to pass the ordinance in this City anyway, even though it probably will not be operative, to show the School District this City's support. After Council discussion, City Attorney Shipsey read the title of an ordinan~e amending the Municipal Code by adding provisions to establish a school facilities dedication of land and fees on new residential development, which will not be operative unless and until the Cities of Pismo Beach, Grover City and the County of San Luis Obispo adopt a similar ordinance. A motion was then made by Councilman de Leon, seconded by Councilwoman Smith and unanimously carried, to dispense with reading the balance of this ordinance. ORDINANCE NO. 181 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY ADDING CHAPTER 6C.TO"TITLE 3 OF THE ARROYO GRANDE MUNICIPAL CODE TO PROVIDE FOR A SCHOOL FACILITIES FEE OR DEDICATION ORDINANCE. On motion of Council Member de Leon, seco~ded by ,Council Member Smith and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members de Leon, Smith and Mayor Pro Tern Gallagher Council Member Pope Mayor Millis the foregoing Ordinance was passed and adopted this 27th day of June, 1978. MAYOR MILLIS RESUMED HIS PLACE AT.THE COUNCIL TABLE AND IS NOW PRESIDING. AUTHORIZE COST RECOVERY SERVICE UNDER SB90, SUBJECT TO FINAL RECOMMENDATIONS The Council reviewed a report from Finance Director Bacon, recommending the City.:'engage a firm to do the work involved in recovering costs by the City for state mandated programs under SB 90. ~reliminary review indicated ~at for a cost of..about $1500 to $1600 to the City, the amount of $6,000 to $7,000 could be reco~ered. After Council discussion, a motion was made by Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, authorizing an agree- ment be ,entered with Local Government Services of California for services as outlined above, subject to final recommendations by Finance Director Bacon. 044 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 27, 1978 PAGE 3 PUBLIC HEARING - RANCHO GRANDE E.1.R. AND REZONE #77-99, FROM "A" TO "PD" - ACCEPT E. 1. R. AND DENY REZONING WI-THOUT PREJUDICE The Council reviewed various materials regarding the proposed Rancho Grande development, which included information regarding the rezoning, No. 77- 99; the Environmental Impact Report (EIR) , and related public hearing notice. Administrator Butch pointed out that the -map for said notice of hearing included approximately 18 acres in the northeasterly section, which is not a part of the rezoning and planned development. City Attorney Shipsey stated that verbal correction of the matter at this time was sufficient to carryon the hearing in this particular instance. After being assured by the City-Clerk that notice of this public hearing has been made according to law, Mayor Millis declared the hearing open and all persons would now be heard regarding the proposed rezoning and EIR on the Rancho Grande Planned Development. The following persons spoke on the matter: stan Abbott, Attorney for the Rancho Grande development, reviewed the various meetings held between the applicant and the City, stressing that the applicant is ready to respond to whatever',the City feels it needs and wants. He also reviewed that the Plan includes a Homeowners' Association (H.A.) J which would maintain most of the roads within the development. Rudolph Ortega, 1474 Anita, Carpinteria, architect for Rancho Grande, reviewed the physical merits of the development and expounded on the benefits of the H.A. He also reviewed the extensive drainage system planned for the development, which would eliminate drainage and erosion problems. Robert Flowers, Project Engineer for Rancho Grande, reported that a Tentative Parcel Map has been filed with the City to coordinate development, and that the Planning Commission approval on February 21, 1978 had included a Roadway Master Plan, which was reviewed and approved by Andy Jones, E.I.R. traffic consultant. Peggy Langworthy, Printz Road, rural Arroyo Grande, stated she was basically in favor of the development. Carolyn Moffett, Oak Park Road, rural Arroyo Grande, asked how the phasing will be carried through. Attorney Abbott explained the 10-year phasing approved by the Planning Commission, which would provide for 10% development per year, which is not cumulative, so if 10% is not done in the 1st year for example, it would be done the 11th year. He stated that ideally, the applicant would like a phasing plan of 10% the first year; 20% the second year; 15% the third year and the remaining seven years divided equally. Ms. Moffett stressed that -the school's ability to absorb the school children needs to be considered in the phasing. Madeleine Steele, 1598 Hillcrest, questioned the traffic amount of traffic to be generated by the proposed development. and City Engineer Karp explained the Conceptual Master Plan and enlargement of Tally Ho Road. Christine Phillips, 216 pearwood, stated her objection to the high number of planned units. Jim Moore, 1219 Montego, stated he favors the develop- ment, and that Arroyo Grande alone should not be responsible for the school system. He felt the proposed density was low for this type of project. flow and Mr. Flowers eventual Bill Langworthy, Printz Road, rural Arroyo Grande, stated his overall support for the development, but outlined a number of reservations he has about it, which included the phasing, relationship of Rancho Grande to other developments; schools; grading; density, feeling it's too high; the rights of apartment dwellers to the greenbelt areas to be owned by the H.A.; and limited resources. Elizabeth Jackson, 208-Fair View Drive, stated her feeling that the density was too high--too many units planned; and her dislike for the terminology used for the phasing. Ella Honeycutt, 506 Oak Hill Road, stated her agreement with Mr. Langworthy's comments and problems that can be encormtered in obtaining insurance if involved in a H.A. Fred Steele, 1598 Hillcrest, commented further on the H.A. and its pitfalls. Clark Moore, 1180 Ash, questioned whether 100% of the people in the development will be forced to belong to the H.A. Mr. Ortega explained that no one is forced to belong to the H.A., but if they choose to buy a house in the development, they will belong to the Homeowners' Association. ~ ~ n r .' t/ OLe, " 'v CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 27, 1978 PAGE 4 Gary Wescom, 203 E. Cherry, asked who would be responsible if a road in the development collapsed. City Engineer Karp stated .if it was a .private road, the H.A. would be. A Maintenance Bond for one year after acceptance of improvements is required, as well as impaction reports, etc: even on private roads. Planning Director Castro stated that the City can take over if the H.A. fails, and put a lien for the costs on the property. Bill Katz, 617 Woodland, questioned the proposed price of houses if the owners also need to contribute to the H.A., and when maintenance of the roads and greenbelt would be picked up by said Association. Mr. Abbott stated the prices would be low to medium according to the low and medium prices prevailing in this area at the time of sale. The initial improvements should stand up with- out improvement until the Association is formed. Paul Reynolds, rural Arroyo Grande, stated his feeling that City Staff would make sure we have a good balance of quality and density in the development. Regarding the School System and its problems, he stated his feeling that no one has the answer for it now, but the answer will have to come from beyond just Arroyo Grande. Marie Cattoir, 195 Orchid, agreed with comments made by Ms. Phillips and Mr. Langworthy, stating she could not see how any more growth can be approved until the .school matter is resolved. Additional comments were made by persons who spoke previously, regarding proposed prices of houses; how much it would cost to belong to the H.A. (Mr. Ortega estimated the cost at possibly $10 per. month); drainage ponds, and the Council was urged to work with apartment dwellers in the proposed development regarding open space areas. City Engineer Karp stated that final determinations will be made with each ,individual tract development. In response to Mrs. Honeycutt's concern about tree cutting, Mr. Abbott explained the Declaration of Restrictions, which would cover this matter. Mitch Walker, 242 Garden, commented that .the H.A. goes toward the spirit of the just passed Proposition 13. Mrs. Steele stated a building moratorium would have to be considered if the schools have to close due to lack of room. Mr. Ortega responded to the concerns voiced about the renters' use of open space, stating they will probably be allowed use of the areas as long as they donlt make a nuisance of themselves. The apartment dwellers will not be contributing to maintenance costs of the area. Mr. Abbott requested Council approval of the project as is, but that it be referred to the Planning Commis- sion for appropriate phasing 'input.' There being no further public discussion on this matter, Mayor Millis declared the hearing closed. The Council discussed the development and EIR at length. Councilman Pope questioned Planning Director Castro whether he felt the documents submitted on the development were accurate; the maps okay; and that less than 10% of all the land would be covered with roofing. Mr. Castro replied he could live with the documents the way they have been mitigated, that he conceptually supports the maps; and the 10% roofing figure is correct. Councilman Gallagher outlined his reservations about the development, stating his ~eeling that the proposed density of apartments and townhouses is too high and he would not object to the commercial area being increased into some of the area proposed for apartments. He agrees with"the acre size lots at the northerly section of the development; feels five acres is insufficient dedication for school facilities; has no problems with the proposed acceleration; and feels the 40' roads are not sufficient. CoUncilman de Leon commended the developers for their presentations throughout the community to keep people informed. In response to his question as to who would do street sweeping in the development, Mr. Ortega replied that the H.A. would do this. Councilwoman Smith felt the two main problems of the development were additional traffic on already overcrowded streets; and the impact on the over- crowded school system. She was answered in the affirmative to her question as to whether the developers would be living in this area. In regard to her question as to street maintenance in the apartment areas, Mr. Abbo'tt stated this would also be taken care of by the Association. 048 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 27, 1978 PAGE 5 Mayor Millis also commended the development .team for its time and effort in working with the City and community on this proposed development. He stated his feeling that Council consensus is that development in the hills will happen, so it may as well be quality development. He stated his agree- ment with Councilman Gallagher's thoughts that the single family layout was good, but that he would like to see larger lots in the map's purple colored areas; a reduction in the townhouse/apartment areas; and enlargment of the commercial area, amplifying further that he would like to see Arroyo Grande become the commercial hub of South County. After Council discussion and a review of the choices of action available to the Council, a motion was made by Councilman de Leon, seconded by Councilman_, Pope and on the following roll call vote, to wit: AYES: Council Members Pope, Gallagher, de Leon, Smith and Mayor Millis; NOES: None; ABSENT: None, u'. the motion carried unanimously finding the E.l.R. for the Rancho Grande Development to be adequate and complete and that it complies with the California Environmental Quality Act. After further Council discussion, a motion was made by Councilman de Leon, seconded by Councilwoman Smith and on the following roll call vote, to wit: AYES: Council Members Gallagher, de Leon, Smith and Mayor Millis; NOES: Council Member Pope; ABSENT: None, the motion carried denying Rezoning Case No. 77-99, "Rancho Grande", from "All to "P_D", without prejudice. MAYOR MILLIS DECLARED A TWO MINUTE RECESS The Council reconvened with all Members present. APPROVE ADDITIONAL PREMIUM FOR SENIOR VAN INSURANCE - UNBUDGETED The Council read a letter from the San Luis Obispo County and Cities Area Planning Coordinating Council, requesting an additional amount of $127.97 from this City as its portion of the insurance costs for the Senior Vans. After Council discussion, a 'motion was made by Councilman Gallagher, seconded by Councilwoman Smith and unanimously carried, authorizing payment of an additional $127.97 as the City's share of additional premium on the senior van insurance, which amount is unbudgeted. APPEAL RE. ZONING ORDINANCE CLARIFICATION (FREITAS) - HELD OVER--SEE PG.9 Discussion of the letter of appeal from Dr. Freitas' regarding zoning ordinance clarification was held over until later in the meeting, as Attorney Steve Cool, representing Dr. Freitas, is not present now. FURTHER DISCUSSION RE. SUPPORT FOR LOW COST SPAY/NEUTER PROGRAM--HELD OVER Administrator Butch reported that Mrs. Boatwright, who had requested the Council's support for a low cost spay/neuter program in the County, has now requested the matter be held over for several months_, in view of r>ecent action by the Board of Supervisors to set this matter aside until their financial picture is clarified. MUNI. CODE AMENDMENT - ADOPT ORDINANCE INCREASING TRANSIENT OCCUPANCY TAX-6% City Attorney Shipsey read the .title of an ordinance amending the City's Municipal Code by increasing the transient occupancy tax from 5% to 6%. A motion was .then made by Councilman Gallagher, seconded by Councilman de Leon and unanimously carried, to dispense with reading the balance of this ordinance. ORDINANCE NO. 182 C.S. D AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 3, TITLE 3, ARTICLE 3 OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX. On motion of Councilman Gallagher, seconded by Councilman de Leon 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 27th day of June, 1978. FURTHER DISCUSSION - BONITA HOMES ANNEX. TO GROVER CITY(GHORMLEY) - NO ACTION Mayor Millis reported on a meeting attended by himself along with Administrator Butch, Grover City Administrator Dowdy and Grover City Council ~ \.,~ Ii [!Lr7 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 27, 1978 PAGE 6 n Member Fuller, regarding the proposed annexation application of Mr. Ghormley for certain property on The Pike-(See Council Minutes of June 13, 1978, Pg 6). He outlined on a map the compromise worked out, whereby an equal split of 50 acres was considered, not including the North Oceano School. The proposed Oak Park Boulevard extension, as shown on the County's General Plan, would be completely within the Grover City limits. Council discussion was held on the matter. Administrator Butch pointed out that if the two cities do not resolve this matter by June 30th, then LAFCo will make the property split and it is possible that the City of Arroyo_Grande will not get any of the land under discussion. Councilman de Leon made a motion to accept the 25 acres to each city compromise as had been outlined by Mayor Millis, which motion died for lack of a second. Councilmen Gallagher and Pope stated their opinion that the westerly boundary of the City's Corporation Yard on Ash street, coming down southerly to The Pike, was the most natural ,boundary line for the cities and therefore they could not accept the compromise proposal. APPOINTMENT OF COMMISSIONERS TO VARIOUS CITY COMMISSIONS Mayor Millis nominated Allen Ries for a three year term on the PARKING & TRAPFIC COMMISSION, beginning July 1, 1978. Said nomination was seconded by Councilman Gallagher and carried unanimously. Mayor Millis nominated Tom Higdon to the PARKING & TRAPFIC COMMISSION for a three year term, beginning July 1, 1978. Said nomination was seconded by Councilwoman smith and carried unanimously. Mayor Millis nominated Chuck Burns to the PARKING & TRAPFIC COMMISSION for a three year term, beginning July 1, 1978, which was seconded by Councilman Gallagher and carried unanimously. Mayor Millis nominated Don Whittemore to the PARKS & RECREATION COMMISSION for a three year term, beginning July 1, 1978, which was seconded by Councilman Galhgher and Unanimously carried. Mayor Millis nominated Gee Gee Soto to the PARKS & RECREATION COMMISSION for a three year term, :beginning July 1, 1978, which was seconded by Councilwoman Smith and .carried unanimously. Mayor Millis nominated'Ed Chadwell to the DOWNTOWN PARKING ADVISORY BOARD for a three year term beginning July 1, 1978, which was seconded by Councilman Gallagher and unanimously carried. Mayor Millis ,nominated Ira Hughes for a three year term on the DOWNTOWN PARKING ADVISORY BOARD, beginning July 1, ,1978, ,which was seconded by Councilman Gallagher and carried unanimously. Mayor Millis directed that letters and plaques of thanks and appreciation be prepared for each of the Commissioners, whose terms will be expiring June 30, 1978. RECOMMENDATION OF NEW MEMBERS TO PARKS & RECREATION COMMISSION Mayor Millis suggested the following persons for consideration for appoi~tment at the Council's next regular meeting, to fill the two additional positions added recently to the Parks & Recreation Commission, making it a seven, instead of five, member Commission: Pete Duca for a three year term; and Patty Sanger for the one-year term. ,......, PROGRESS REPORT - SOUTH COUNTY AREA TRANSIT (SCAT) Administrator Butch reported that since fares have been charged for rides on the South County Area Transit System, the ridership has been approximately 259 passengers daily, which still exceeds expectations, and shows the system to be well accepted'and utilized. -- EXCHANGE OF PROPERTY ON GRAND AVE. FOR PONDING BASIN (CARMICHAEL) - HELD OVER Administrator Butch reported that the Planning Commission is still considering the referral to them'by the Council of the proposed property exchange between the City and ~tr. Jack Carmichael of certain property on Grand Avenue at Courtland Street, which would provide the City with rieeded ponding basin property. RECEIPT OF LATEST LEGISLATIVE BULLETINS - LEAGUE OF CALIFORNIA CITIES The Council received and reviewed the latest Legislative Bulletins from the League of California Cities. Allocation of the State's surplus funds to cities in view of Proposition 13 cutbacks, to be implemented by SB 154, was considered and discussion as to the City's share will be held at its adjourned meeting of June 29th, by which time more exact figures should be known from the State as to the City's possible allocation. 1 048 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 27, 1978 PAGE 7 ADOPTION OF MUNI. BUDGET & SALARIES FOR 1978-79 FISCALYEAR--HELD OVER TO 6/29/78 Consideration of the adoption of the Municipal Budget and Employees' Salary Resolution, for the 1978-79 fiscal year, was held over until the Council's June 29th meeting in anticipation of necessary figures coming from the State regarding SB 154. ADOPTION OF 1978-79 . REVENUE SHARING USE RESOLUTION - HELD OVER The Council reviewed.a letter from the U~S. Office of the Secretary of the Treasury, setting forth that this year's allocation of Federal Revenue Sharing Funds would not be affected by the passage of the Jarvis-Gann (Proposition 13) Initiative. The Council requested that adoption of the resolution of the planned use of said funds also be held over until its June 29th meeting. ~ PROGRESS REPORTS: FIRE STATION, COMMUNITY BLDG, STROTHER PARK, & SPORTS COMPLEX Administrator Butch gave progress reports on various City projects, as follows: a) Problems are still being encountered in eliciting the price on one::of the properties being looked at as a potential FIRE STATION SITE; b) the plans for the COMMUNITY BUILDING EXPANSION are coming along quickly; c) the State's approval of the STROTHER COMMUNITY PARK plans have not been received by mail yet, but the Conservation Corps is working on putting in the irrigation system; and d) Jim McGillis is working on grading plans for the ELM STREET SPORTS COMPLEX. REQUEST CONSIDERATION TO FORM DEVELOPMENTAL AGENCY - GALLAGHER As Councilman Gallagher needed to leave the meeting shortly, the Council agreed to hear his request for consideration of a proposal he wished to present at this time. He requested that at the Council's July meeting, an agenda item include his proposal for the formation of a Developmental Agency, which would seek additional commercial activity for this City. He suggested various persons to be on said Committee, and that $1500 be budgeted for operating needs of the Committee. COUNCILMAN GALLAGHER LEFT THE MEETING AND IS NOW ABSENT. ADOPT FEES FOR MAILING OF AGENDAS, MINUTES, ETC. TO GENERAL PUBLIC The Council reviewed a report prepared by Administrative Intern Mark Dugle, outlining recommended charges for mailing Council and various Commis- sion Agendas, Minutes, etc., which are requested by the general public. After Council discussion, a motion was made by Councilman de Leon, seconded by Councilwoman Smith and unanimously carried, adopting yearly rates for mailing various City related materials to the general public, as follows: MATERIAL REQUESTED City Council Agenda Only city Council Agenda & .Minutes Planning Commission Agenda Only Planning Commission Agenda & Minutes City Council & Planning Commission Agendas City Council & Planning Commission Agendas & Minutes Parks & Recreation Commission Agenda Only Architectural Review Board Agenda Only Parking & Traffic Commission Agenda Only Downtown Parking Advisory Board Agenda Only YEARLY RATE $ 10 20 10 20 20 40 5 10 5 5 l RESOLUTION.: RE: . POLICY ON ISSUANCE OF BLDG. PERMITS ON NEW SUBDIVISIONS--HELD OVER Adoption of a resolution setting policy on the City.s issuance of Building Permits on new subdivisions, was held over to enable the Council ample time to review the proposed resolution prepared and presented by the City Attorney this evening. REPORT - RECENT ZONE 3 ADVISORY COMMITTEE MEETING - MILLIS Mayor Millis reported on the June.15th meeting of the Zone 3 Advisory Committee. The regular monthly reports were heard from the Lopez Recreational Area and Water Treatment Plant. A report was also heard regarding fire hydrants connected to the Lopez water line without permission. The Council received and reviewed copies of a report regarding surp~us water available for sale at $48.00 per acre foot. I ~" I '- (Ii.} 3 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 27, 1978 PAGE 8 APPROVE FINAL TRACT MAP 553, "TERRA DE ORO'l, '.UNIT III (GRANT/KUDEN) & WATER SYSTEM City Engineer Karp reviewed with the Council the Final Tract Map 553, "Terra De Dro", Unit III, and his report and recommendations on same. The tract is'located easterly of Stagecoach Road just north of Tract No. 538, "Terra de Oro"; Unit 2, and will create 67 lots. Developers of Tr,act 553 are Grant and Kuden. He also explained a water system which 'the City required 'the developer to put in to provide a high pressure water system to serve an area in the vicinity of Stagecoach Road of the City above the 200 'foot elevation. After Council ,di:~~~~us.~iop of the water system, a.motion was made by Councilman.Pope, seconded by.Councilwoman Smith and unanimously carried, as follows: 1) Establish a local benefit district as previously described to levy and collect charges to reimburse the developer of Tract No. 553 according to State law. 2) Approve reimbursement of the costs to the developer for the trans- mission-distribution main on Stagecoach Road within the ~ity Limits on a direct cost basis limited to the amount collected for front foot charges under ordinances in existence at the time of hook-ups to the mains. 3) Approve collection~and disbursement of funds, not to exceed $720.00 per lot. That the final charge be determined by Public Works-Engineering Staff from final costs to the developer for the following: a) The value of reservoir and pumping plant sites dedicated to the City. b) appurtenances.. c) The cost for that portion of the transmission line which lies outside of the present City Limits. d) Cost of pumping plant and appurtenances. 4) That the reimbursement period ,extend fifteen (15) years ,from the date of final ,acceptance of the tract improvements for Tract No. 553. The cost for installation of the 250,000 gallon reservoir with After further Council discussion, a motion was .made by Councilman de Leon, seconded by Councilman Pope and carried, with Councilwoman Smith dissenting, as follows: 1) Accept the easements as dedicated on the map subject to improvement for sewer, street trees and those for drainage designated by the Letter '~A". 2) ,Reject without prejudice to future acceptance the drainage ease- ments designated by the Letter "B". 3) Accept, subject ,to completion of the required improvements, the dedications for streets. ,4) The dedication of Lot "B" for park purposes. 5) Find that Tract Map 553 is consistent with the General Plan. 6) Find that Tract Map 553 is consistent with City zoning. 7) Approve Tract Map 553. PROGRESS REPORT - TALLY HO DRAINAGE STUDY - AUTHORIZE FOCUS REPORT Administrator Butch reported that no report has yet been received from the assessment people regarding Tally Ho, 'a;s they are still concerned about the affects of Proposition 13, but a report should be forthcoming soon. Regarding the Environmental Impact Report on the Tally Ho Drainage study, the Planning Commission has recommended that a Focus Report be prepared to satisfy the concerns of the Fish and Game Department, and growth inducive factors by the resolution of the drainage problems. This report would consist basically 'of" reviewing specific items connected with CEQA requirements instead 'of a 'full E.I.R. Estimated cost of the Focus Report is $2500. In answer to Councilman Pope's questiori as to who would pay for the Focus Report, Administrator Butch stated that this would be up to the Council, but right now only permission to solicit proposals is being requested. After Council discussion, a motion was made by Councilman Pope, seconded by Councilman de 'Leon and unanimously carried, authorizing a call' for bids for a Focus Report on the Tally'Ho Drainage study. APPROVE FINAL TRACT MAP 671, ALPINE 'STREET (MILLER) City Engineer Karp reviewed with the Council 'a copy of the Final Tract'__ Map 671 being developed by John Miller on the east side of Alpine Street north of Eman Court to create 15 lots. After Council discussion, a motion was.made by Councilman de .Leon, seconded by Councilman Pope and unanimously.carried, as follows:1) ,Accepting the following, on behalf of the public, subject to satisfactory , completion of the required improvements: j 050 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 27, 1978 PAGE 9 a. Grant of storm drain easement from Mr. and Mrs. Walker b. Easements shown on the map for storm drain and street trees. c. Alpine Place. 2) Authorizing the Mayor to execute the appropriate Subdivision Improvement Agreement; 3) Finding Tract 671 to be consistent with the City's General Plan and Zoning; and 4) Approving Tract 671. City Engineer Karp also reported on the receipt of a letter today from Mr. Miller, in which permission is requested that he ~e given permission to work with City Staff to prepare a::.reimburs.ement agreement regarding the drain- age and sewer systems he is putting in ,to benefit the adjoining properties. The Council gave its general approval for Mr. Miller to work with the City on said agreement, with some sort of recommendation to come back to the Council for approval within sixty days. APPROVE PARCEL MAP AG 78-119, FAIR OAKS AVENUE (HOOK) City Engineer Karp reviewed with the Council a copy of Parcel Map AG 78-119, reflecting a 2-parcel lot split (Case No. 77-272) located on the south side of Fair Oaks Avenue between California and Orchard Streets, being developed by John Hook. After Council discussion, a motion was made by Councilman Pope, seconded by Councilman de Leon and unanimously carried, finding Parcel 'Map AG 78-119 to be consistent with the City's General Plan and Zoning, and approving said Parcel Map. ~ REPORT',RE; . DISPOSITION OF SANTA MARGARITA 'DAM Iril':vec:jardi>,to::Councilman Pope's report at the Council's last meeting regarding the disposition of Salinas Dam (aka: Santa Margarita Lake) by the Corps of Engineers to the County of San Luis Obispo, City Engineer Karp reported ,that he had been provided with memorandums from the County Engineer to the Board of Supervisors, which he reviewed for the Council. According to the memo, the County Engineer recommended that he be directed to initiate steps leading to Congress considering the conveyance of the Salinas River Dam Project to the San Luis Obispo County Flood Control and Water Conservation District. Councilman Pope had been concerned about the liability of obtaining such a project. According to the memo, the water supply is totally allocated to San Luis Obispo right now, and they are paying all of the maintenance and operation on it. The bonds are not now being paid by anyone in the County, except through the federal government. Also a part of the Dam Project is the recreation area, which the County does finance, with the .County taxpayers picking up approximately $64,000 in the 76-77 year for this. It is hoped that by conveying the entire project to the County, that the County will be able to obtain the grazing lease money, which is now bringing in $12,000 and further offset the recreation costs. After Council discussion of the foregoing, it was their general consensus that Arroyo Grande has no vested intenest in the Project and does not wish to contribute money toward it. DENY APPEAL RE. ZONING ORDINANCE CLARIFICATION (FREITAS) The Council again reviewed a letter from Attorney Stephen Cool, who represents Dr. G. M. Freitas in an appeal of a Planning Commission decision regarding a change in the Zoning Ordinance. Attorney Cool is still not present and the Council decided to 'act on the matter, as additional delays had not been requested. Administrator Butch reviewed that the appeal had not been filed within the required ten day period from the Commission's action, and this needed Council consideration and action. ~ After Council discussion, a motion was made by Councilwoman Smith, seconded by Councilman Pope and unanimously carried, denying the late filing of an appeal by Attorney Stephen Coolon behalf of Dr. G. M. Freitas, with a letter to go to Attorney Cool assuring him he can reapply for consideration before the Planning Commission. APPROVE FEE EXEMPT BUSINESS LICENSE FOR LIONS CLUB FIREWORKS SALES A motion was made by Councilman Pope, seconded by Councilman de Leon and unanimously carried, granting a fee exempt Business License to the Arroyo Grande Lion's Club for sale of fireworks at Brisco and Grand Aven~e from June 30th through July 5th, 1978. n n 051 CITYCCOUNCIL ARROYO GRANDE, CALIFORNIA JUNE 27, 1978 PAGE 10 APPROVE ANNUAL BLOCK PARTY ON GARDEN STREET On motion of Councilman de Leon, seconded by Councilwoman Smith and unanimously carried, the Third Annual Block Party, on July 4, 1978, by residents on Garden Street, between Ide and Myrtle Streets, was approved, at which time the street will be closed except to 'emergency traffic, from 1 P.M. until dusk. RESIGNATION FROM ZONE 3 ADVISORY COMMITTEE & APPOINTMENT OF NEW REP. - MILLIS Mayor Millis resigned as representative to the Zone 3 Advisory Committee and appointed Councilman de Leon as the new City representative to said Committee. PERMISSION TO BE ABSENT FROM STATE - MILLIS' On motion 'of Councilman de Leon, seconded by Councilwoman Smith and unanimously carried, Mayor Millis was granted permission to be absent from the State at various times throughout the summer months. NOTICE OF REQUEST FOR JOINT MEETING WITH COUNCIL BY CHAMBER OF COMMERCE Mayor Millis reported that the Chamber of Commerce had made ,a' motion requesting a joint meeting with the Council in August, to discuss what the Council wishes the Chamber to do for the City. NOTICE OF GRAND ,OPENING OF NEW WILLIAMS BROS. STORE: 6/28/78 Administrator Butch reported that the grand opening for a new Williams Brothers Store, located where Giant Food Store used to be at Grand Avenue and Oak Park Boule~ard, will be held at 10 A.M. on June 28, 1978. NOTICE OF WORK AT GROVER CITY RESERVOIR ON HILLCREST As a matter of information, Administrator Butch told the Council that Grover City will be doing work at its Water Reservoir on Hillcrest Drive, in the event of citizen concern in the area. ADJOURNMENT On motion of Councilman de Leon, seconded by Councilman.Pope and unanimously carried, the meeting adjourned at 12:03 A.M. until 4:30 P.M. 'on June 29, 1978. ATTEST: ~ r;t CfJjJ ~A7 CITY CLERK / ~ CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 29, 1978 4:30 P.M. The Council met in regular adjourned meeting with Mayor Millis presiding. Upon roll call, Council Members Pope and Gallagher reported present, with Council Members de Leon and Smith entering during the meeting. DISCUSSION RE. SB, 154 AND ADOPTION ,OF INTERIM "JARVIS" BUDGET FOR 1978-79 Administrator Butch reviewed a copy of SB 154, signed by Governor Brown and guidelines for implementation of same, which is the bill to distribute the statels surplus funds to public agencies in view of cutbacks necessitated by the passage of Proposition 13. It is estimated that the City's share of the surplus could be about $96,000, but there are many "strings" attached, toereceipt of these funds, including the requirement of no cost of living increases unless everyone in the state gets them; maintenance of Police and Fire servic~~ at present levels; a freeze on wages, etc. He further reported that it will be several months before the state can let the City know what amount will be received for sure. The City Administrator suggested the Council adopt the prepared "Jarvis" budget on an interim basis for the next 60-90 days to see what figures the State comes up with. It is possibl~:, that the City may lose quite a bit more than the '$309,000 estimated in working out the IIJarvisll budget, in which case the State's surplus would be necessary to continue the City's services at a feasible level. The League of California Cit1es has suggested that interim budgets be adopted by cities. Employee salaries would be considered in September, and could be retro- active if the Council wishes.