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Minutes 1978-09-27 090 CITY COUNC I L ARROYO GRANDE, CALIFORNIA ,SEPTEMBER 27, 1978 '''" " , 7:30 P.M. The City Council met in regular session with Mayor roll call, ,Counei 1 Members Matt' Gallagher; ',Jr.." Gabe de B "Ann Smi th reported pr~sent.-:" ':,;,' :,; -,,; Mark,Millis presiding. Upon Leon, Hugh:~6pe, ,Jr., a~d , " PLEDGE OF ALLEGIANC~ AND'INVOtAf(bN '. Mayor Millis led,the Pledge,of:Allegia~ce,to Pope gave the i nvocat i on. , OUt Flag.,' :T~ere~fte~,Council Member ", APPROVAL OF MINUTES It was moved by Council Member Gallagher, seconded by Counci!' Member de Leon and unanimously carried that the minutes for the meetings of September f2 ~rid 14, 1978, be approved as submitted. ", r,. APPROVAL OF WARRANTS ' ' It was moved by Council Mem~er .d~ :Le9~' seconded by Council Member Gallagher and U unanimously carried that ,Demand Warrants No. 9309 to and',including 9373 in the total amount of $27,254.58 and Payroll Warrants No. ,12397 to and including 12474 in the total . amount of $36,143.37, for a ,grand total of ,$63,397.95, be ~pproved as submitted and o rde red pa i d. RESIGNATION OF JO ANN WIZEMANN FROM PARKING & BUSINESS IMPROVEMENT AREA ADVISORY BOARD Administrator Butch read a letter of resignation dated September 18,'1978, 'from' Jo Ann ,Wizemann who ~erves ,on the Downtown ,Par~ing an<! Busi'ness Improvement ,Area Ad- visory Board. It was moved by Council ,Member de Leon, seconded by Council Member Ga.l- lagher and unanimously'carr;'ed that the Council accept with regr~t the resignation of Jo Ann Wizemann from the Downtown Parking & Business Improvement Area Advisory Board and that a letter and plaque be prepared thanking Jo Ann for her service to the City. SWEARING IN OF NEW CITY TREASURER JO ANN WIZEMANN 'M~yo~Millis intr6d~~ed I~e~ del Ca~po, City Cle~k f6~ A~~6y6'G~a~de. Mrs. del Campo then swore in JoAnn' Wizemann as the new City Treasur'er'for the t'ity of Arroyo Grande. After the ceremony, Jo Ann thanked the Council for their confidence and was congratulated by the Council on her appointment. APPROVAL OF CONSENT AGENDA ITEMS At the request of Council Member de Leon, Administrator Butch reviewed the Quarterly Report on Sales Tax Reven,u,:" and ,~igaret,te Ta~, for ,the ,second ,quarter of,,197~. This was the City's highest quarter for Sales Tax Revenue, exceeding $115,000, which means the - ". , ... ,,,. " . .'. . , , . ..' \. ., .. City had retail sales of $11,000,000. ,After the review, it was moved by Council Member de Leon, seconded'by Coun'ci 1 Me~ber Gaj'lagtier,an,d ,unanimousl;i ,'iarried that the followIng Consent Agenda items be approved as recommended by Administrator Butch: . , . . A-I Receipt of ,Notification from Robert SinCl~if-,S6lTars'-6f of Arro,>,:o Grande. (RECOMMEND REFERRAl,TO INSURANCE,COMPANY) ~ His'l~t~nti6nt6 Sue the City , A-2 Receipt of Second Quarter ,Report ,on Sales Tax and ,,~igarette Tax Revenue--Highest in the History of the City. (RECOMMEND RECEIVE AND FILE) A-3 Receipt of ,Tax Rate Area Apportionment Schedule, Tax 'Code Area 001-000 (Genera'l City), $4.67 per $100. ,(RECOMMEND RECEIVE AND FILE) ADOPT ORDINANCE PROVIDING PROCEDURE FOR PARTIAL CONVERSION OF NON-CONFORMING USES Administrator Butch stated apubl ic hearing was held on the matter at the Council's U regular meeting of September 12, 1978. Attorney Shipsey then read t~e title of the ordinance providing a procedure for,partial conversion of non-conforming uses. It was moved by Council Member G~llagher, secondeq"by:,Council.Member de Leon and unanimously carried to dispense with further reading of the ordinance. ORDINANCE NO. 185 C.S. AN ORDINANCE OF THE elTY OF ARROYO'GRANDE AMENDING CHAPTER 4, TITLE 9, BY ADDING SECTION 9-4.2912 TO PROVIDE FOR A PROCEDURE FOR PARTIAL CONVERSION OF NON-CONFORMING USES. On the motion of Council Member de Leon, seconded by Council Member Gallagher and on the following roll call vote to wit: AYES: NOES: ABSENT: Council Members Gallagher, de Leon, Pope, Smith and Mayor Millis. None. None. the foregoing Ordinance was passed and adopted this 27th day of September, 1978. (' ~ 1 U:L CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 27, 1978 ',~ Pa~je' 2 - - " REPORT ON HEARING OF BOARD OF SUPERVISORS RE. EL CAMINO REAL NO. 1 ANNEXATION , Administrator Butch requested this matter be held' over to the next meet.ing' since' there was' not a full quorum on the Board of Supervisors at their last meeting and the, CHy' had req'uested this matter be brought before a full Board. Council agreed to place th i's item on the agenda for the next meet i ng. VACANCY ON DOWNTOWN PARKING & BUSINESS IMPROVEMENT AREA ADVISORY BOARD Mayor Millis eXplained' the resignation of Jo Ann Wizemann from the Downtown Park~ ing and Business Improvement Area Advisory Board, conducted earlier in this meeting, leaves a vacancy on the Aavisory Board. He 'advised he wi 11, nomi'nate Florence LaPorte to fi II this vacancy at the next regular meeting of the Counci 1. n RECEIPT OF ~ATEST LEAGUE OF CALJFORNIA CITIES' BULLETINS Administrator Butch presented copies of bulletin highlights during the League Conference held September 24 - 26, 1978. He reviewed the League's General Assembly adoption of the bill to have a second penny of the .06~ sales tax on a per capital be returned to ~ities an~ counties. This is the position the League will take to the legislature. -' REQUEST OOUNCIL SET SECOND STUDY SESSION WITH CHAMBER OF COMMERCE Administrator 'Butch explained the Chamber of Commerce was requesting this item be held off until October 10, 1978, as the Chamber is extremely busy at this time with the Harvest Festival and needs more time to complete its studies. Council concurred. SET BUDGET STUDY SESSION - SEPTEMBER 28, 1978, 4:00 P.M. Admin'istrator Butch requested'the Counci 1 hold an adjourned meeting on' September 28, 1978, at 4:00 P.M., to further aiscuss and consider the City's budget. Mayor Millis requested the Council also consider limiting the funds for social services. Council agreed to set the adjourned meeting for'September 28, 1978, at 4:00 P.M. SETTING'STUDY SESSION ON GENERAL PLAN Council Member'Smith reiterated her request that special study sessions be set' be- 'tween staff ana Council' to discuss directions and objectives in the City's development. After considerable dis~ussion, it was moved by Council Member Gallagher, seconded by Council Member Smith and unanimously carried that a study session to consider the General Plan be set between staff and Counci I, date and time to be determined at a later date. PUBLIC HEARING RE. APPEAL' OF DENIAL OF PREZONING APPLICATION, GRANDE HIGHLANDS - DENIED Planning Director Castro reviewed for the Council the recommendations of the Plan- ning Commission based on the policy established by the Council on its Sphere of Influ- ence. Mayor Millis then openea the hearing to public comment. r Mr. Bob Maranni, Rio del Mar, Consultant on Grande Highlands spoke, introducing members of his staff and giving an introduction on the Grande Highlands Development. In his opinion, this was not a large development. The developer is currently planning a maximum of 250 units over the entire 106 acres. Under the current General Plan for Arroyo Grande, (4.5 units per acre density)" 274 units would be allowed on the acreage within the City limits and a total of 328 units would be allowed over the entire develop- ment, but the developer is willing to decrease the total number of units to be construc- ted. If granted, under the P-D prezoning the City would have full control in all devel- opment areas. The developer also agreed to pay $400 per unit school costs and',will cor- rect all drainage, ci'rculation and flood control problems experienced in the area', in- c 1 ud i ng ,the dra i nage prob 1 em at, the Ar royo Grande High Schoo 1. Under these 'cond i ti ons, he fel t this would be a model development for'the City. He requested this hearing' be: continued to allow time for answering community concerns and' provide more information' to the Council before they vote on the'development. The following people spoke against ,the Grande Highlands Development noting concerns with regard to traffic problems on Orchard Avenue, overcrowding in the' schools,' further increase to school budget', lack of comprehensive drainage, traffic or school plans for Arroyo Grande, too rapid growth/development' in Arroyo Grande, and waiting on further development until the full impact of Proposition 13 is known: William Prince, 363 Sunrise Drive; Hardie Ritchie, 428 Orchard; Faith Wescom, 203 Cherry; Marie Cattoir, 195 Orchid Lane; Charles Walsey, 848 Glen Oak; Sally Dykstra, 248 Longden, Arroyo Grande. The following people were present and spoke' in' favor'of the annexation/development noting it would allow the City to exercise more control' over this development'; it would increase the property value once' it was in the City;' and it would provide drainage con- / trol' for ail area ,that has extremely bad flooding: Paul Haddox, 587 Valley Road; Clark/ Moore, 1180 Ash; Conrad Gr'ieb, Rt. 1, Box 484, Arroyo' Grande. ' . / / 092 CITY COUNC I L ARROYO GRANOE, CALIFORNIA SEPTEMBER 27, 1978 - .PAGE 3 Mr. Maranni spoke again explaining a specific project plan is not under consideration at this. time. The Counci 1 is .considering the prezoning and annexation of the land to allow more control and better planning on this development. The developer does not wish to go to the ~ounty:. but he ~ust have a plan approved for the' property that is not in the City. If the City Council does not want to accept responsibility for this land, then the developer will go to the County, which will incurr double costs and double situations that could be avoided if the City took control of the development. He asked the Council to assume respon- sibl ity for this land so that new. development plans could begin. At the request of Mr.. Maranni, Administrator Butch read a letter from Dr. Robert M. Hoagland, Superintendent of the Lucia Mar Unified School District, dated Septe~ber 21, 1978, which stated the School Board had no objections to the proposed annexation since the devel- oper has agreed to correct the longstanding drainage problems at the Arroyo Grande High School and to pay the school distdc( $400 per home to mitigate the facility oiie.rcrowding problem the tract would create. There being no further comment, the hearing was. closed to audience participation and Council discussion ensued. Mayor Mill is asked about the current zoning on the 47 acres outside the City 1 imits. Mr. Maranni explained the first 470 feet from the freeway allows 20,000 square feet per dwelling unit, the balance is 10 acres per unit, which is 52 units at 20,000 and 20 units at 10 acres; by law, the City would. have to have a zone change to conform with its General Plan. . ~ Mayor Millis, Council Members Gallagher and Smith expressed concern about the traffic problems in the area that must be. solved before development, the current housing boom and the pressure it has. placed on City services,. and a desire to develop the land ln~ide the City befo~e adding and developing land outside the City limits~ Council Members Pope and de Leon felt more time was. needed to study this proposal and additional information was needed before a fair determination could be made. Both requested this matter go back to the Planni~g Commission since the development did address itself to existing problems the City faces. It was the consensus of both Council Members that the hearing be continued or that the item be sent back to the Planning Commission for further study. Planning D.irector Castro explained the Planning Commission had no desire to consider this development until the question of annexation was answered. Council discussion contin- ued. After discussion, it was moved by Council Member Gallagher, seconded by Council Mem- ber Smith that the Council uphold the Planning Commissioh's decision to deny the prezoning. On the following roll call vote: AYES: NOES: ABSENT: Council Members Gallagher, Smith and Mayor Millis. Council Members Pope and de Leon. None. the decision of the Planning Commission was upheld and the appeal denied. THE COUNCIL TOOK AMINUTE RECESS AT THIS TIME. THE MEETING RECONVENED WITH ALL COUNCIL MEMBERS PRESENT. FIRST READING OF ORDINANCE TO. REZONE RANCHO GRANDE PROPERTIES FROM "A" TO "P-D" Planning Director Castro reviewed the property on the Rancho Grande Development noting ~ approximately 50% is planned for development at this time. The balance of the prope.rty is noted in the "A". classification. The. Planning Commission reviewed the total development and upon staff's recommendation modified the. application to include the entire property in the "P-D" District. The development plan is identical to the previous conce.ptual plan, the circulation is the same, but commercial has been increased from 20 to 40 acres. Also, there have been some revisions on proportions for grading. The City Ordinance has been mod i f i ed in Cond i t i on Nu~ber. 1 so that any proposa 1 .to change any port i on of the 1 and o.r mas ter plan sha 11 be deemed a change. i.n the. approva 1 of the ord i nance--such changes wi 11 be required to go before the Planning Commis.sion and the City .CounCil. In Condi.tion Num- ber 41 the unplanned "P-D" area is designated. not -to exceed 133 units and. any modification to this. density" is subject to ordinance amendment and shall be shown on a proposed master conceptual plan which is to be approved at regularly scheduled publ j-c hearings by the Plan- ning Commission and the City Council. He explained this ordinance is simple and provides flexibility to work out any problems arising in the development. In addition, it allows for reviewing the grading process as it is presented to the City staff and has specified items of wh i ch the deve 1 oper shou 1 d .be awa re. The ent ire open space wi 11 be gove.rned by one homeowners' as~ociation. Conditions. of the project. include Publ ic Work's recommenda- tions on street processing and provides for Planning Commission and City Council -review as the undeveloped areas are included in the project. Planning Dlrector Castro recommended endorsement of this project. .083 C!TY COUNC I L ARROYO GRANDE, CALIFORNIA SEPTEMBER 27, 1978 PAGE 4 After confirming that proper notification' of ,the hear'ing had been publ ished, Mayor M i 11 is opened the hea ring' to pub 1 i c comment. 'Rudo'lf' Orte'ga, Carpenteria, Project Architect, spoke noting' this meeting culmin- ates many publ ic hearings on this project's preliminary planning. He noted he has al- ways tried to work with staff and community to develop these plans and feels this is the highest quality project that could be produced. He requested the Council give this pro- ject its favorable consideration and thanked various staff members for their time and assistance in developing the plan now being presen'ted to the Counci 1. r The following people were present and spoke noting they felt this plan was better than previous plans presented in June, that"it does have medt and 'the 'City could 'do a lot worse. They also questioned the 2/5 portion of the project which is as yet undevel- oped ask i ng the number of un its ill 1 owed under "A" zon i ng and 'the con tro 1 the City wi 1 ]' have 'on this undeveloped, area:' Bi 11 and Peggy Langworthy, Printz Road; El izabeth Jackson, 208 FaI rview Drive, Arroyo Grande. Planning Director 'Castro explained this area would be zone:J"P-'D" if approved and' "P-D" would allow 133 units maximum; there is' a guarant'eed procedure to followiin the development. He also confirmed, on Mr. Langworthy's ,question'S, that James Way improve- ment is subject to phasing, but is: required to be completed no 'later than the beginning of Phase 3. Also, drainage ,improvements wi 11 be made regardless of the development of the 'unplanned area because of the downstream conditions in that area. There being no furthe'r publ ic comment', Mayor Mi 1"1 is closed the publ ic hearing 'and Counci 1 discussion ensued,. Afte'r discussion, 'it was the general consensus 'of the Counci 1 that this plan for development was a good plan with merit and control; that the ordin- ance is well written allowing for p'roper control and flexibility; that this ;-s a well planned project and a credit to the City. Attorney Shipsey then gave the first reading to the' Ordinance approving an amendment to ,the Municipal Code' of the City of Arroyo Grande to rezone the Rancho Grande Properties from "A" to "P-D". It wasmove'd by Counc i 1. Member Ga 1 ragher, seconded by Counc i 1 Member de Leon anduoanimous)y carr i ed to dispense with further reading of the ordinance. Mayor Millis requested that a map of the area be included with the ordinance for adoption at the next meeting--staff concurred. Attorney Shipsey stated that in Condition Number 25 'of the Ordinance the first words ' should read "That Arroyo Grande Municipal Code Section 9-4.1026. :."--staff concurred. CONTfNUED PUBLIC HEARING ON PROPOSED AMENDMENTS TO LAND USE ELEMENT MAP Planning Director Castro reviewed the proposed 'amendments 'to th'e adopted General Plan Land Use Element Map of the City, Items 25 through 30, as published in the Notice of Public Hearing for July 25, 1978. Mayor Millis then declared the continued public hearing open for public comment on said items. There being no public comment on these items, Mayor Millis closedth'e hearing to' public discussion, ,for continuati'onon October 24, 1978, when Items No. 31 through 36 will be considered. ,After brief Council discussion, the following actions were taken. ITEM 25: It was moved by Council Member Gallagher, seconded by Council Member de Leon and unanimously carried to tentatively approve changing 'the properties fronting on the south side of Dodson Way, generally opposite the intersection of Dodson Way and South Rena Str,eet, from '~ow Density Residential to HIGH DENSITY RESIDENTIAL. f ITEM 26: It was moved by Council Member Gallagher, seconded by Council Member Smith and unanimously carried to tentatively approve;'changing the properties fronting, 'on Wood Place and Alder Street, generally bounded by a 1 ine two properties ,south of ,Grand Avenue and one property south of Dodson Way, from Medium Density Residential to LOW DENSITY RESIDENTIAL. ' ITEM 27: It was moved by Council Member Gallagher, seconded by Council Member Smith and unanimously carried to tentatively approve changing the properties fronting on the south side of Farrol'l Avenue, and one .property depth east of South Elm Street and bounded on' the east by an exte,nded al ignment of ,Walnut Street, ,from Medium Density Residential to, MEDIUM lOW DENSITY RESIDENTIAL. ITEM 28: After discussion, it was moved by Council Member Pope, seconded by Council Member Gallagher and unanimously carried that Item No. 28 be carried over to the meeting on November 14, 1978, for further review. ITEM 29: It was moved by Council Member Gallagher, seconded by Council Member Smith and unanimously carried to tentatively approve changing the two properties on the southwest- erly side of Linda Drive and southeasterly of Brisco Road, from Low Density Residential to MEDIUM lOW DENSITY RESIDENTIAL. I I j 094 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 27, 1978 PAGE 5 ITEM 30: I t was moved by Counc i 1 Member Ga 11 agher", "seconded by Counc i 1 Me"mber Sm i th and unanimously carried to tentatively approve changing the" properties on both sides of North Elm Street bounded by a line one lot deep north of Grand Avenue and continuing north on North" Elm Str"eet to a line some 360 ft. fr"om Grand Avenue;"from Low Denisty Residential and Highway Commercial to HIGH DENSITY RESIDENTIAL.- COUNCil MEMBER GALLAGHER LEFT THE MEETING AND IS NOW ABSENT. PROGRESS REPORTS: FIRE STAT I ON; COMMUN ITY BLDG; STROTHER PARK; ELMST. SPORTS COMPLEX (a) Administrator Butch noted there was nothing further to report on the relocation of the FIRE STATION. (b) Parks and Re"creation Director John KeisTer reported the plans on the expan"sion of the COMMUNITY BUILDING will go "before the Community Building Committee. (c) Parks and Recreation Director Keisler presented new pla"ns on STROTHER COMMUNITY PARK, which were approved by the Parks and Recreation Commission. These new plans in- clude redesigned park facilities allowing for 85 cars, as "oppose"d to 55 "p"r"eviously plan- ned, and""saves more than It acres of land for the park. It al"so provides more area for field games. The "project wi 11 be ready for bi"d in Ja"nuary or February in order to miss the price hikes which usually go in effect in" Apri l/May of each "year, and avoid the win- ter months which are poor bid months. (d) "Administrator Butch reported that a letter was written to D'- G. Porter on the ELM STREET SPORTS COMPLEX and he submitted plans which will be p"resent"e"d by Mr. Keisler. Mr. Keisler presented the plans and said his only concern was the relocation site for the tennis courts. He did not feel there is enough room for six courts in that area and will discuss this with the architect. Engineer Kar~ explained a grading plan has n"ot yet been rece i ved for the comp 1 ex but "j 5 ex"pected" th i s week. u AGREEMENT WITH COUNTY OF SLO FOR CITY TO TAKE OVER MAINTENANCE OF OAK PARK ROAD Engineer Karp advised the Council that the County Counsel has revised the original agreement. He requested this matter" be referred to the City's Attorney to all"ow time for the Engineer and the Attorney to fully study the new agreement. Their recommenda- tions wi"ll be brough't back to the Council at "the next meeting. Council concurred. PROGRESS REPORT ON TALLY HO ROAD DRAINAGE Public Works' Director Anderson reported on the Tally Ho Road drainage project stat- ing Garing & Taylor Engineers have been hired to do some plans and cost estimates on the work to be done between Canyon Way and James Way under government grant funding. Plac- ing the pipe between James Way and Canyon way will help to solve the drainage problem created by water coming from the Canyon Way area. COUNCIL MEMBER DE LEON'S REPORT ON ZONE THREE MEETING OF SEPTEMBER 21, 1978 Counc i 1 Member de Leon gave an ora 1 report on the Zone 3 meet i n"g on September 2 l", 1978. He reviewed the figures for revenue received a"nd visitors to the" ar"ea "during the sum"mer month"s. The revenue for the months of June, July and part of August was $140,662. He reported the hydrant which was thought to have been hooked i Ile"gally into the Lopez" 1 i ne in Av i 1 a, was put there 1 ega lly under County author i ty, but it is not known who authorized the connection. REQUEST BY PUESCHEL'S ON ADDITIONAL WATER SERVI"CE AT 160!BRISCO ROAD This matter was held over unti 1 the next regular meeting to allow time for the County Board of Supervisors' hearing. PRESENTATION OF LETTER OF THANKS FROM CAROL HALLETT U" , Administrator Butch presented a letter to the Council from Carol Hallett thanking the Counc i 1 for the op"portu"n i ty to" meet an"d discuss items of concern to the Counc i 1 and to request that an open 1 ine of communication be kept, between "the Counci I and her" off ice. ADJOURNMENT TO SEPTEMBER 28, 1978 On the motion of Council Member de Leon, seconded by Council Member Smith and unani- mously carried the meeting was adjourned at 10:25 P.M. unti 1 "4":00 P.M. on September 28, 1978, for consideration of the budget." A TT EST: ~ C...-\--h -:::R ~^ . 'j'Wp'~~~ (,>,1y !:Ie~~Oo""