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Minutes 1978-12-12 C \TY COUNC I L ARROYO GRANDE, CALIFORNIA DECEMBER 12, 7:30 ;1 J.17 d 1978 P.M~ 'I :i The City Council met in regular session,with Mayor roll call, Council Members Matt Gai1agher, Jr., Gabe de BlAnn Smith reported present. Mark Millis presiding. Upon Leon, Hugh Pope, Jr., and APPROVAL OF MINUTES It was moved by Counci I Member Gallagher, seconded by Counci 1 Member de Leon unanimously carried that the minutes for the meetings of November 28 and December 1978, be approved as submitted. ;! :1 ,I " and :! 4 'I , APPROVAL OF WARRANTS It was moved by Council Member de Leon, seconded by Council Member Gallagher and unanimously carried that Demand Warrants No. P571 to P580, and P582, and Warrants No. 9799 to 9880 in the total amount of $136,460.42 and Payroll Warrants.No. 12862 to 12964, in the total amount of $44,872.97, for a Grand Total of $181,333.39, be approved as submitted and ordered paid. r APPROVAL OF CONSENT AGENDA ITEMS On the motion of Council Member de Leon, seconded by Council Member Gallagher and unanimously carried, the following Consent Agenda Items were approved as recom- mended by Adm in i s t rator ,Butch: , A-I. Invitation to Second Annual Seminar on Aging and Publ ic Pol icy, December 30, 1978, Goleta. RECOMMEND THAT ANY COUNCIL MEMBER INTERESTED, RESERVATIONS WILL BE MAD~. , !I A-2. Receipt of List of Annual Youth in Government Day Participants Set for January 9;: 1979. RECOMMEND RECEIVE AND PLAN TO ATTEND ON JANUARY 9, 1979. A-3. Receipt of Resolution from the City of Carpinteria Establishing ~the Lack of State Concern 'for the Impact of State Mandated Costs. CEIVE AND FILE. ' , ., Strong.Oppositiori " RECOMMEND RE- A-4. R~~eipt of Inform~tion from Pol ice Chief Clark, Re. Bad CheckS and Bicycle RECOMMEND RECEIVE AND FILE. Li cen s~s . I ,I ,I , I Southern I I A-5. Receipt of 9th Consecutive Year of No Pedestrian,Fatalities, Auto Club of California Pedestr\an Safety,Citation., RECOMMEND RECEIVE AND FILE. RECEIPT OF DEPARTMENTAL REPORTS FOR NOVEMBER, 1978 Administrator Butch presented the Departmental Monthly Report for November, 1978 noting the new street sweeper was currently in operation and'working extremely well. The report was ordered received and filed. RESOLUTION NO. 1334: AMENDING CIRCULATION ELEMENT OF THE GENERAL PLAN TO INCREASE E. FRONTAGE'RD. RIGHT OF WAY AND SHOW TALLY HO ROAD AS LOCAL STREET , Administrator Butch presented the proposed res61ution adopting the amended Cir-'l culation Element of the General Plan, with regards to increasing the East Frontage , Road cross section right of way to 56 feet and showing Tally Ho Road as a local .street,l, with a 52 foot right of way. After brief discussion, ,Attorney Shipsey read the title ,I, of the resolution. It was moved by .Counci 1 Member Gallagher, 'seconded by Counci 1 : M<;mber de Leon and uf]animously carried to ,dispense wi,th further reading .of the reso1u-1 t Ion. 'I G RESOLUT I ON NO. .1334 ',I ;1 A RESOLUTION .OF THE CITY,COUNCIL OF THE CITY ,OF ARROYO GRANDE ADOPTING THE AMENDED CIRCULATION (STREET AND HIGHWAY) ELEMENT'OF THE GENERAL PLAN. 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 resolution was passed and adopted this 12th day of December, 1978.' RESOLUTION NO. 1335: AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN Planni,ng Dire<;tor Castro briefly reviewedithe proposed resolution on proposed I amendments to the Land Use Elemeni of the General Ylan, as heard in public hearings , 'I from July 25, 1978, through November 28, 1978. He explained the items which the, :I Council modified or denied will go back to the Planning Commission ,for ,further study, ~ and noted all other changes were ,reflected in the resolution. , Attorney Shipsey then ,I ;: " lJA COUNC I L ARROYO GRANDE, CALIFORNIA DECEMBER 12, 1978 PAGE 2 gave the first read i ng to. the reso I ut i on. I twas moved by Counci I Member Ga II agher, seconded by Council Member de Leon and unanimously carried to dispense with further reading of the resolution. RESOLUTI ON NO. 1335 A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING THE AMENDED LAND USE ELEMENT OF THE GENERAL PLAN. 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 resolution.was passed and adopted this 12th day of December, 1978. Administrator Butch then read a letter from Mr. Roger Fuller, 271 South Alpine, requesting the Council reconsider its decision for tentative denial of Item 54, Farroll Road. It was explained.this is one of the items to.be sent back to the Planning Com- mission for further consideration. REZON I NG CASE 78-122: 1122.& 1160 E. FRONTAGE ROAD FROM "A" TO "P-D" -. DEN I ED . Administrator Butch explained that the ordinance authorizing the change in the "A" zoning to "P-D" on these Frontage Road parcels had received its first reading at the last .regular meeting of the Council, with some change in the wording. Planning Director Castro explained that one of the owners of the property, Mr. Pat Gifford, had not found the suggested changes to be acceptable. Mr. Gifford then spoke to the Council requesting this matter be continued to allow him more time for further study; he felt the plan for development was ambitous, and if it did not develop, he did not .wish to be tied in with a project that was not economically viable. Considerable discussion continued, with the Council expressing concern that this action might be premature as the owners were not yet sure what they wish to.do with the property. It.was moved by Council Member Gallagher, and seconded by Council Member de Leon that the rezoning from "A" to "P-D" on this eleven acres (1122 & 1160 E. Frontage Road), be denied without prejudice. Discussion on the proposed zoning continued. After discussion, on the following roll call vote: AYES: NOES: ABSENT: Council Members Gallagher, de.Leon, Pope, Smith and Mayor Millis. None. None. the motion to deny without prejudice the rezoning on this eleven acres was unanimously ca r r i ed . DENIAL OF ESTABLISHMENT OF FORMAT TO .REVIEW THE CITY'S GENERAL PLAN. Administrator Butch explained the .Counci.l had previously requested .the review/re-. vision of the General Plan. Planning Director Castro then presented a format he.had prepared for updating the General Plan. The .format i.ncluded review of the General Plan Elements, providing for as much citizen participation as possible, in the time frame of January, 1979, to September, 1979. There was considerable Council discussion on the format for total revision of the General Plan. Some Council Members felt a mass overhaul of the General Plan was unwarranted, but if some elements did not meet required standards, ~. they could be revised through usual hearing procedures. Other Council Members were in favor of revising the entire General Plan. After discussion, it was moved by Council Member Pope and seconded by Council Member de Leon, that the Council deny the establish- ment of a new format to generate the review of the General Plan. On the following roll call vote: AYES: NOES: ABSENT: Council Members de Leon, Pope and Mayor Millis. Council Members Gallagher and Smith. None. the foregoing motion to deny the establishment of a new format for General Plan review was carried. After discussion, it was moved by Council Member Gallagher and seconded by Council Member Smith that the .staff undertake a study of the General Plan within .th'e time frame from January - September, 1979, and that the staff, through the Planning Commission and City Council make every effort to obtain citizen input and that staff review the General Plan bringing to the Council any recommendations that they feel should come forward at thJs time. Council discussion ~nsued, with some Council Members stating this is already the duty of the Planning Director and only specific revisions or specific items in the CITY COUNC I L ARROYO GRANDE, CALIFORNIA 118 DECEMBER 12, ) 978! - PAGE 3 I- i: General Plan should be brought up for"revision.- Mayor-Millis went on record in opposic tion to total revision of the General Plan. After"discussion, on the following roll call vote: AYES: NOES: ABSENT: Counci I Members Gallagher and Smi tho Council Members de Leon, Pope and Mayor Millis. None. the foregoing motion to undertake a study of the General Plan was denied. Upon ques- tion from Joe Moore,200 Nelson, Counci 1 confi rmed that the Parks and Recreation Com- mission could submit specific items for revision in the Parks and Recreation Element of the General Plan, to the Planning Commission. n RECEIPT OF LATEST LEAGUE OF CALIFORNIA CITIES' LEGISLATIVE BULLETINS Administrator Butch presented the latest League of California Cities' Bulletins, one of which noted the affects-of Proposition 13 throughout the State. He also pre- sented a Legislative Wrap~upof the 1978 bills still in Sacramento. RESOLUTION 1336: DELEGATION OF AUTHORITY IN RETIREMENT OF SERGEANT RANDOLPH P. LEE Administrator Butch explained Randolph P. Lee was a Sergeant with the- Pol ice De- partment. Randy sustained an injury, which the City's insurance agency determined was an industrial injury, leaving him incapacitated and necessitating his retirement. Administrator Butch then read the title-of the resolution determining that Randy"Lee should be retired." It was moved by Council Member de Leon, seconded by-Council Member: Gallagher and unanimously carried to"dispense-with further reading-of the- resolution. RESOLUTION NO. 1336 A RESOLUTION -OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE FINDING AND DETERMINING THAT SERGEANT RANDOLPH P. LEE IS INCAPACITATED AS "A RESULT OF AN INDUSTRIAL INJURY AND THAT-HE SHOULD BE RETIRED. On the motion of Council Member Gallagher, seconded by Council Member de Leon 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 resolution .was passed and adopted this 12th day of December, 1978. AWARDING OF-FOUR"BIDS FOR NEW MOTOR VEHICLES Administrator Butch explained the City had "budgeted $20,000 for four or five good " used/new vehicles in the-1978-79 Budget. - Both local dealers and-the Hertz used car" lot were contacted for bids. After comparing all bids, it was requested the Council- authorize the purchase of four vehicles as follows: FROM CHRISTIANSON CHEVROLET: 1- 1979 Chevette Hatchback Sedan "(Bldg. Dept.) 1 1979 4-Wheel Drive Pickup (Construction Inspection) $ 4,2 1 3 ;,46 " 6;419.36 r FROM PAUL REYNOLDS FORD: 2 1978 Fairmonts (I for Police & Fire Depts;_and -9;646.00 1 for City Engineer) GRAND TOTAL $20,278.82 On the motion of Counci.l Member de Leon; seconded by Council Member Gallagher and unanimously-carried, the Council authorized the purchase of four new- cars- from local dealers as detailed above. REPORT ON SLO AREA COUNCIL OF GOVERNMENTS MEETING ON NOVEMBER 3D, 1978 Administrator Butch explained that the hearing on the Air-Quality Plan- for San Luis-Obispo County was held over until January-18, 1979. REV I EW OF PROPOSED LOCAL ENERGY CONSERVAT I ON PROGRAM - -, " Administrator Butch explained the City had been working with Southern California Gas Company, Pacific Gas"and Electric, and Solar Air to help deve']op an-energy"conser-' vation program for the South County; Arroyo- Grande wi I I be used as an example for an I energy audit to teach citizens ways and means to conserve energy and help save money. RESOLUTION NO. 1337: COMMENDING CAROL HALLETT FOR HER SERVICE TO ARROYO GRANDE Administrator Butch explained Carol Hallett is the first Assemblywoman to attend 120 CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 12, 1978 PAGE 4 a Counci 1 meeting; she has been very helpful in coming to meetiwHh the Counci 1 "to offer her services"to our City and the Council wished to commend her for her assistance to the City of Arroyo Grande. Administrator Butch then read the entire resolution commending Carol Hallett. RESOLUT I ON NO. 1337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE COMMENDING ASSEMBLYWOMAN CAROL HALLETT FOR HER SERVICES TO THE CITY OF ARROYO"GRANDE AS A REPRESENTA- "TIVE OF THE STATE OF CALIFORNIA. On the motion of Council Member Gallagher, seconded by Council Member Smith 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 resolution was passed and adopted this 12th day of December, 1978." PROGRESS REPORTS: FIRE"STATION; COMMUNITY BLDG.; STROTHER PARK; ELM ST: SPORTS COMPLEX Administrator Butch explained the City is currently negotiating to acquire the prime location for the FIRE STATION relocation, "which is Certified Freight Lines' " property; the problem is in acquiring the property"without losing the business or in- fringing on their property. Mayor Millis suggested the use of a common parking lot; Council Member Gallagher requested other sites and prices be brought before the Council for consideration. Administrator Butch noted there was nothing to report on the COM- MUNITY BUILDING at this time. The architect has made the necessary revisions on the plans for STROTHER PARK and they should go before the Parks and Recreation Commission at their meeting of December 20, 1978; the City should be ready to call "for bids at the first meeting in January, 1978, with the awarding in the first part of March. On the ELM STREET SPORTS COMPLEX, the City should receive some type of plans in a couple of weeks. REPORT ON MEETING OF COUNTY WATER RESOURCES ADViSORY COMMITTEE MEETING: "12/6/78 Administrator Butch noted "there was nothing to report on this meeting. PROGRESS REPORT ON TALLY HO ROAD DRAINAGE Administrator Butch explained the Public Works Director had received one petition back on the formation of the Tally Ho Road assessment district. He"explained the City staff could not be used to circulate the petitions. It was the feel ing of" the Counci 1 that the Council has done as much as possible in the formation of the District and it is the responsibility of the residents of Tally Ho Road to continue from this point." Dis- cussion continued between the Council, audience and staff on the petitions, assessment districts and clearing of the creek. Staff confirmed that the City will continue to provide assistance, sand and sand bags during the rainy season regardless of the decision on forming the assessment district. " PROGRESS REPORT ON THE SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT Administrator Butch explained the Sanitation District held a public information meeting on the joint ocean outfall line between Pismo Beach and the District, on Decem- ber 6, 1978. Of special importance, Pismo Beach has determined the best and most econo- mical operation of their plant would be by joining the District's outfall line. To this ~ purpose, they will run a 16-inch, high pressure line from their treat~ent plant, down Highway 1 to the Sanitation District outfall 1 ine; this will be a saving to Pismo Beach. The District's outfall line will extend out into the ocean 4,000 feet, with a wye and diffusers at the end, so the effluent will be completely diffused with the sea water thus eliminating the need for chlorine. It will be a 30-inch line, with a capacity of 8.6 million gallons per day, and a minimum life span of 20 years, which can be expanded if put under a pressure system. There was brief discussion on other"alternatives con- sidered by the District which were prohibited by excessive cost. RECEIPT OF LETTER FROM MRS. DOR I S ELV IN, LE PO I NT STREET, RE. RUNOFF PROBLEMS Administrator Butch presented a letter from Mrs. Doris Elvin, 228 Le Point Street, with regard to storm-water runoff "from Miller Way, wnich has created problems for "her home and property. City Engineer Karp explained the City will enlarge the drain which serves this property and place it under a sidewalk; this, combined with raising the crown of the street, will help alleviate Mrs. Elvin's problems. "After heavy rains are "received, the City will" review the effectiveness "of" this pipe, and if possible, will lower the berm in front of her garage to allow access to her garage. CITY COUNCIL ARROYO GRANDE, CALIFORNIA ----1! 1~ JL:l I DECEMBER 12, 197811 I PAGE 5: TRANSFER OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR FIVE CITIES TAX CO. :1 Administrator Butch explained the City had received a request for the transfer of!, the Certificate of Public Convenience and Necessity.for the Five Cities Taxi Company from Dorothy Tabain to Louise Reynolds. The transfer is for one taxi, and all neces- ~i sary information for the transfer has been provided. It was moved by'Council Member ' de Leon, seconded by Council Member Gallagher and unanimously carried to approve the transfer of the Certificate of Public Convenience and Necessity for the Five Cities Taxi Company from Dorothy.Tabain to Louise Reynolds. RECEIPT OF LETTER FROM COASTAL SAN LUIS RESOURCE CONSERVATION .DISTRICT Administrator Butch presented a letter from the Coastal San Luis Resource Conser-; vation District, dated December 11, 1978, requesting the inclusion of drainage~as part ,. of the agenda for the upcom i ng meet i ngs. for. p 1 ann i ng. The 1 etter was rece i ved and.' fi led. i r ORDINANCE 187 C.S., 30-DAY MORATORIUM ON CONVERSION OF APARTMENTS TO CONDOMINIUMS Planning Director Castro explained that within the last week he has received several requests on converting apartments to condominiums. He explained ,the present map act and ordinance. does not give the City much leeway or direction in this matter and he requested some guidance from the Counci 1 or that the Counci 1 adopt an ordinance, to establish a moratorium on these conversions until the City has determined how it will proceed. He explained these conversions create many problems, including the elimination of much needed housing for many people. He asked the Council to adopt an emergency.ordinance declaring a 120-day moratorium on apartment to condominium.conver-" sions and after the first of. the year the staff would come back.to the Council with. some ideas on how to proceed. There was considerable Council discussion with Mayor Millis expressing concern over possible ramifications of this ordinance and requesting, time for study of the.ordinance.before its adoption and Council Member Pope suggesting,. a 30-day moratorium. rather than 120 days. Attorney Shipsey then.gave the first reading to the ordinance declaring a 120 day moratorium and.confirmed that a.4/5's vote,is ". necessary for passage of an emergency ord i nance. I t was moved by Counc i 1 Member Ga 11 a-, gher, seconded by Counci I Member de Leon and unanimously carried to dispense with i further reading of the ordinance. It was moved by Council Member.Gallagher, seconded ,[ by Council Member de Leon.to adopt an.emergency ordinance calling for a 120-day mora- torium on the conversion of apartments to condominiums; on the following roll call vote: II AYES: NOES: ABSENT: Council Members Gallagher, de Leon and Smith. Council Members Pope and Mayor Millis. None. the foregoing motion to adopt an emergency ordinance calling for a 120-day.moratorium on the conversion of apartments to 'condominiums was denied. It was moved by Council Member Gallagher, seconded by Council Member Pope that the Council adopt an emergehcy ordinance call ing for a 30-day moratorium on the con- version of apartments'into condominiums. Planning Director Castro assured the Council that there were no hidden implications in this ordinance, but it will allow time for research to obtain a true picture of what is happening lriithis area. This will also allow protection for people currently buying the property. Attorney Shipsey explained " he felt this was a proper.' ordinance; he then read the title of the ordinance calling for a 30-day moratorium on the conversion of apartments to condominiums. It was moved by Counci 1 Member Gallagher, seconded .by Counci 1 Member de Leon and unanimously carried' to .dispense.with. further reading .of the ordinance. .' r ORDINANCE NO. 187 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE RELATING TO THE APPROPRIATE ZONING FOR "CONDOMINIUM CONVER-. SIONS" AND DECLARING THIS ORDINANCE TO BE IMMEDI- ATELY EFFECTIVE. On the motion of Council Member Gallagher, seconded.by Council Member.de Leon. and on the following roll .call vote, to wit:. AYES: NOES: ABSENT: Counci 1 Members Gallagher, de Leon, Pope, Smith and Mayor Mi 11 is. None. None. . the foregoing ordinance was passed and adopted this 12th day of December, 1978. REPORT ON SURPLUS SALE OF DECEMBER 9, 1978 Administrator Butch reported the City received $2800 on its annual surplus sale held December 9, 1978. 122 CITY COUNC I L ARROYO GRANDE, CALIFORNIA CANCEL 'REGULAR COUNCIL MEETING OF DECEMBER '26, 1978 On the motion of Council Member Gallagher, seconded on the following roll call vote, to wit: DECEMBER 12, 1978 PAGE 6 ,by Council Member de Leon, and 'AYES: NOES: ABSENT: 'Council Members Gallagher, de Leon, Pope, Smith and Mayor'Mill is. None. None. the regular Council meeting of December 26, 1978, was cancelled. AUDIENCE COMMENTS ON GENERAL PLAN ELEMENTS Mr. Joe Moore, 200 Nelson Street, requested the Council consider a'noise control, ordinance for its Noise Element of the General Plan. ,Staff explained there are only two areas In the entire City which have a high ~oise reading and both of the~e are wayside parks where h'igh readings are expected. Also, it would cost approximately $20,000 to implement a noise control ordinance. Mr. Clark Moore stated he felt the City should include a drainage plan in its General ~lan. REQUEST..FOR..CONSIDERATION OF TRACT 625 Mike Forrest, Forrest-Fox Realty, asked the Council to consider acceptance of Tract 625. Staff explained this item had been deleted from the agenda, but could be placed on an agenda once the work was completed. ~ REQUEST BY COUNCIL MEMBER GALLAGHER RE. UNAUTHORIZED GRADING ON LEMON PROPERTY Council ,Member Gallagher requested information on the enforcement of the City's EIR ordinances, with particular consideration to the Lemon property and numerous viola- tions,which have been occurring in that ,area. , He asked if the City's ordinances were backed up by'legal action if necessary and cited additional grading which has occurred, without a permit. City Engineer Karp explained he had written to'Mr. Lemon with regard to this most recent grading instructing him to cause restoration or protection ,of the hill and informing him that any immediate damage occurring from this grading will be corrected'at Mr. Lemon's expense. Also, the final approval on the Lemon house will be held up until the fees are paid. Attorney Shipsey explained the City does have an attorney who can file criminal complaints for violation of building ordinances, but it Is up to the judge to determine what fines are appl icable and will be paid. Council Mem- ber Gallagher requested the staff address itself to the resolution of this problem, and if necessary, have the attorney address himself to this situation to determine what is necessary to have this ordinance enforced. ADJOURNMENT It was unanimously 1978. ATTEST: (lh:tklu~. 0;( ~Cvv.-"~N"\ , DEPUTY CITY,CL K moved by Council Member Gallagher, seconded by Council Member de Leon and carried that the meeting adjourn at ,9:55 P.M., to 6:00 P.M. on,December 13, c- .~o.1 ~Il,- CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 13, 1978 6:00 P.M. The City Council met in regular adjourned meeting with ,Mayor Millis presiding. Upon roll call, Council Members Gallagher, de Leon, Pope and Smith reported present. Also in attendance were the City Administrator and all department heads. ZERO BASE BUDGETING STUDY SESSION Mr. Len Silvey, Executive Director of the Monterey Bay Area Regional Training Center proceeded to give a training session on implementing of line item budget'programing and performance budgeting, as well as how the zero base budgeting works. ~ ADJOURNMENT After a great deal of discussion, it by Council Member de Leon and unanimously P.M. was moved by Council Member Gallagher, seconded carried that the meeting be adjourned at 9:00 t ~ &'-~~ ATTEST: Q,~ d~.",,,,,,, DEPUTY CITY CLER