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Minutes 1979-01-23 130 CHY COUNCIL ARROYO GRANDE, CALIFORNIA JANUARY 23, 1979 7:30 P.M. The City Council met roll call, Council Members Smith reported present. in regular session with Mayor Mark Millis presiding. Upon Matt Gallagher, Jr., Gabe'de Leon, Hugh Pope, Jr., and B'Ann APPROVAL OF MINUTES On the mot i on of Counc i 1 Member' Smi th, seconded by Counc i 1 Member' Ga 11 agher, ' and unanimously carried, the minutes,for the meeting of January 9, 1979, were approved,as submitted. APPROVAL OF WARRANTS It was moved by Council Member de Leon, seconded by Council Member Gallagher and unanimously carried that Demand Warrants No. P58l, and P583 through P594, and 10050 through 10121, in the amount of $193,909.65, and Payroll Warrants No. 13148 through 13250, in the amount of $61,710.38, for a Grand Total of $255,620.03, be approved as submitted and ordered paid. ~ APPROVAL OF CONSENT AGENDA ITEMS On the motion of Counci 1 Member Gallagher, seconded by Counci 1 Member de Leon, and unanimously carried, the fo1lowing'Consent Agenda Items were approved as recommended by Administrator Butch: A-1: Request of the Santa Barbara and San Luis Obispo Counties' Branch' of the Arthri- tis Foundation'to Hold a Neighborhood March't~ Solicit Funds In May of this Year. (RECOMMEND APPROVAL OF REQUEST--SIMILAR TO HEART AND CANCER CAMPAIGN CARRIED'ON IN ARROYO GRANDE). A-2: Notice of Quarterly Channel Counties' Division of the League of California Cities' Meeting, February 16, 1979, City of Santa Maria. (REQUEST NAMES OF COUNCIL, COMMISSION, AND STAFF MEMBERS WHO PLAN TO ATTEND). A-3: Notice that Senator Alan Cranston's Aid; Dom Vaca, will be in'the Arroyo Grande Council Chambers from 2:00 to 5:00 P.M. on Friday, January 26, 1979. A-4: Receipt of the December 31, 1978, Management Summary Report'on Worker's,Compensa- tion for Central Coast Cities' Self-Insurance Fund. (RECOMMEND RECEIVE AND FILE). PRESENTATI ON OF ARROYO GRANDE FIRE DEPARTMENT'S ANNUAL REPORT FOR 1978 Administrator Butch reviewed the 1978 Annual Report for the Arroyo Grande Fire De- partment, noting the'total number of alarms for 1978 was 149--60 of which'were medical aid calls--with an average response of 19. All vehicles are in'good shape. The Council thanked Fire Chief Marsill,ek for the preparation of the report. PRESENTATION'OF ARROYO GRANDE POLICE DEPARTMENT'S ANNUAL REPORT FOR 1978 Administrator Butch reviewed the 1978 Annual Report for the Arroyo Grande Police Department, explaining the duties of the various personnel in the Department. Council Member Gallagher commended the Youth Service Officer for the success of his service in the community. City Engineer Karp also noted the decrease in' traffic accident statistics for Arroyo Grande, which speaks for enforcement;and for the'efforts of Mr. Joe Garcia, the previous City Engineer, for his services in traffic engineering. NOTICE OF HEARING ON APPEAL OF PLANNING COMMISSION ACTION LOT SPLIT NO. 78-300, KIRKPATRICK Administrator Butch confirmed a public hearing on Mr. Kirkpatrick's appeal of the Planning Commission's decision on Lot Split Case No. 78-300 has been set for February 13, 1979, at 8:00 P.M. RECOMMENDATION OF PLANNING COMMISSION RE. LAND USE/ZONING ORDINANCE REVIEW Planning Director Castro reviewed four proposed amendments to the Land Use Plan of the Circulation Element, which had been referred to the Planning Commission from the City Council, reviewing the recommendations of the Planning Commission. After review,the following action was taken by the Council: u ITEM 17: The southeast corner of Traffic Way and Cherry Avenue designated as Highway Commercial, being recommended for reclassification to Agricultural. I. PLANNING COMMISSION RECOMMENVATION: The Commi6~{on una~oU6lif ann~med zhe CouncLt'~ action on zhM m~Vt, bung zhM zhe "H-S" (H{ghwaif SVtv{c.e) V~bt..-l& Itemun M nozed on zhe c.UltltenZ zo~ng map; with zhe balanc.e On zhe PltoPeJtZif b~g ltec.lM~{n{ed zo zhe "A" (Ag~c.uUuJral) V~bt..-l&. The Council's decision of August 22, 1978, stands as follows: "...changing Item No. 16 from the recommendation so as to include that the front portion of the property fronting on Traffic Way, as delineated on the existing Zoning Map CITY COUNCIL ARROYO. GRANDE, CALIFORNIA ,h1 .b5~ .;1 JANUARY 23, 1979 PAGE i II as Highway Service will remain HIGHWAY COMMERCIAL, and the remainder of the parcel willi be tentat i ve 1 y changed to AGR I CULTURE." ITEM 28: The properties on the south Limits on the west and generally known undeveloped parcel of land fronting on High Density Residential. side of Farroll Avenue and bounded by the City as the Grandmother's Mobilehome Park ,and one Farroll Avenue, from Low Density Residentia,l to :i ,! ! r PLANNING COMMISSION RECOMMENVATION: . The Comm'u'.6ion W1iUUmo!L6ltj :!Le.aUulI11ed i:hWr. pJte-i VA-O!L6 action on -th,U, mafteJt; -tha-t amon bung -tha-t -the GJtandmo-theM' Mob.-Uehome PaJtk.! and -the Fu.UeJt pJtOpeJtXtj be ehanged in -the CUtj'.6 GeneJtal Land UM Plan 6Jtom Low Ven.6,u~ -to High Ven.6,utj Ruidentia.e.. FWLtheJt, -tha-t -the pJtopeJtXtj bezdned ii6 :R::3-V, .6u.bjed -to I -the plan.6 pJtu en-ted labelled Exhib,u A.I I , Planning Director Castro explained this property on Farroll Avenue)s an empty par,~ cel surrounded" on three sides by high density residential zoning (mobilehome park and' sTngle family residences). Council discussion ensued on the possibility of classifying' the mobilehome park and residences as high density, and the Fuller's undeveloped parcel, as medium high density. There was also discussion on controlling the development of the Fuller property through the request for rezoning. After discussion, it was moved by Council Member Pope, seconded by Council Member Gallagher and unanimously carried that this item be referred back to the Planning Commiss.ion with the recommendation that; the Grandmothers' Mobilehome Park property be classified as high density, and the Fulle'r property be classified as medium-high density. ITEM 40: The area generally between Bennett, North Halcyon and Grand Avenue, sing the Burke property and the Mobilehome Park and generally as shown on the zoning map, from Highway .Commercial to Heavy Commercial/Light Industry. encompas- existing I " i " I , . - . - . '. _' :1 Administrator Butch read a letter addressed to the Counci 1,. from Dick Blankenburg,:1 'dated January 23, 1979, requesting the. proper.ty behind 1052 Grand Avenue, extending bac~, to the cemetery wall, be allowed to remain P-M. Mr. Gene Mintz and Mr. Burke both spo~e to the Council requesting the Council leave the lumber yard prope~ty under the P-M zoni~g and that the General Plan be changed to conform to current zori'i~g. Mr. Mintz noted the,1 business was establ ished previous. to. the P-M zoning, therefore a use permit is not neces- sary for operation. of the lumber yard. Mr. Burke spoke noting he felt operating under ,~ . use permit.would put him under financial hardship. Council discussion. continued .on th'\l possible. division of the property classifying part of the property highway service and' the. remainder under the P-M zoning. Mr. Burke noted no opposition to this suggestion. Ii After Council discussion, it was moved by. Council. Member Pope, seconded by Council Mem~er Gallagher and, unanimously carried, that this item be referred back to the Planning Com- 1 mission with the. recommendation that the westerly boundary 1 ine of the Methodist Churchl be extended. southerly to Grand Avenue., keeping. the Burke lumber yard and .the newspaper il property under the P-M zoning and placing the property next to the Methodist Church und~r Highway Serv i ce.1 . . PLANNING COMMISSION RECOMMENVATION: The Comm,U,.6ion Jtea66iJtmed, with one ab.6Xi~on, -thUJt pJtevA-o!L6 action on -th,U, mafteJt, -tha-t amon be..i.ng -thaX -the "P-M" (Planned Manu.- 6adu.Jting) V,u,~ct JtemMn M eu.JtJtentttj. dueJtibed in -the ZOMng Map. ITEM 51: Increase the High Density category to 29 dwelling unlts per acre. r PLANNING COMMISSION RECOMMENVATION: The Comm,U,.6ion - Jtea66iJtmed, with one "no" vo-te, -thUJt pJtevio!L6 action on -th,U, mafteJt; -thaX amon bung -tha-t -theden.6,utj be inelteMed 6JtOm 20 -to 29 unit!.>. peJt aelte. Council discussion ensued briefly on this, with the majority of the Council desiri~g to keep. their original decision as it stands. . The Council then :.-r:e-affirmed its decisioh of November 28,1978, to deny increasing the High Density category to 29 dwel.ling un-its,[ per acre. Administrator Butch then read a letter. to the C.ity Counci 1 from Mr.. Kar.l Hogan, , , dated January 22, 1979, regarding the zoning of his property on Poplar Street. Mr. Hogan requested. the rezoning be expedited by the Counci 1, as this has been in the. process of il rezoning for one year.. Staff confirmed. this matter was coming before the Counci 1 and 'I_ would be heard as soon as it was properly scheduled and publ ished. " ADOPT ORDINANCE EXTENDING URGENCY ORDINANCE 187 C. S. ON CONDOMINIUM CONVERSIONS Administrator Butch explained the Council had adopted a 30-day emergency ordinance, prohibiting condominium conversions until. proper study had been made on .the subject. ,I However, thirty days was not. adequate for proper study, so the ordinance was before. the'l Counci 1 for an extension. In order to extend the urgency ordinance, a- publ ic hearing i is required. Maximum extension. on the ordinance was eight months; staff recommendation,1 is a l20-day extension. After ,this review, Mayor Mi 11 is opened the public hearing to ' public comment. 132 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JANUARY 23, 1979 PAGE 3 Mrs. Elizabeth Jackson, 208 Fairview Drive, spoke urging the Council to decide on an eight-month extension to insure that all information is properly studied and consider- ed before an ordinance is drafted. There being no further comment, the hearing was closed to public comment and Council discussion ensued. Upon question, staff confirmed all necessary information has been re- ceived, but it has to be studied and assimilated before a proposed ordinance can be draft- ed:- Staff recommendation was for a 120-day extension, which also allows thirty days for the ordinance to go into effect. After discussion, .City Attorney Shipsey read the title of the ordinance extending the provision of Urgency Ordinance No. 187 C. S. with regard to prohibiting condominium conversions. It was moved by Council Member Gallagher, second- ed by Council Member Smith and unanimously carried to dispense with further reading of the ordinance. o ORDINANCE NO. 188 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE EXTENDING THE PROVISIONS OF URGENCY ORDINANCE NO. 187 C.S. RELATING TO THE CONDOMINIUM CONVERSIONS. 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 ordinance was passed and adopted this 23rd day of January, 1979, and goes into effect immediately. APPROVAL OF IS-YEAR FRANCHISE RENEWAL ON SONIC CABLE TELEVISION Administrator Butch explained that upon Council request, Sonic Cable Television made a random survey of the service received by Arroyo Grande residents from Sonic Cable Tele- vision. Out of 200 questionnaires, 91 were returned, i.e. 45.5% of the total survey. He then reviewed the results of the survey, noting satisfaction with the Cable TV service, requests for paid subscription television, and very few service cal.ls. After. this review, Mayor Millis opened .the hearing to audience comments. Mr. Christopher Cohan, President, Sonic Cable Television, spoke to the audience not- ing his pleasure with the results of the survey, and. introduced his operations personnel to answer any additional comments on the operation.of the facility. Upon question from Council Member de. Leon, Mr. Cohan confirmed there were no plans for raising subscription fees in the near future. He also explained the company is currently. studying the possi- bility of obtaining subscription television service. Mr. S. C. Baden, Brighton Avenue, and Libby Jackson, 208 Fairview Drive, asked if the Ultra High Frequency bans had been considered for Cable Television. Mr. Bill Banton, Chief Engineer, Sonic Cable, explained that current cable systems cannot carry UHF channels, as the bans for UHF are much higher than what is transmitted on cable lines. There being no further public comment, the Mayor closed the hearing to the public, and Council discussion ensued. It was the general consensus of the Council that the re- sults of the survey were extremely satisfying and the Council had no objection to renewing 0 the franchise for another 15 years. It was moved by Counci 1 Member Pope, seconded by Council Member Gallagher, and unanimously carried, that the City Administrator be instruc- ted to write a letter to Sonic Cable Television informing them the Council has tentatively approved renewal of. the ordinance. for the IS-year franchise, and that the. City. Attorney be authorized to prepared an ordinance on the renewal of the franchise for the next City Council meeting. RESIGNATION OF NORMA C. MITCHELL FROM HUMAN RELATIONS COMMISSION Administrator Butch read a letter from Norma C. Mitchell, dated January 13, 1979, noting personal comm.itmentsowhich necessitate her resignation from the. South County Human -~-Relations Commission. It was moved by Council Member de Leon, seconded by Council Member Gallagher, and unanimously carried, that the Council accept with regret the resignation of Mrs. Mitchell and that a letter of thanks and a plaque be sent to Mrs. Mitchell for her service to the City. RECEIPT OF LATEST LEAGUE OF CALIFORNIA CITIES' BULLETINS Administrator Butch reviewed several bulletins received from the League noting recom- mendations from the POST Commission, which included distribution of the l~ sales tax, economies and efficiencies in local governments. and State funding of.welfare, health and education programs. There is a League. bill that has been introduced for the l~ sales tax, which would be a reduction in the State sales tax from 6.:3/4~ to 5 3/4~, with the l~ dif- ---~----I- ._-' CITY COUNCIL ARROYO GRANDE, CALIFDRNIA JANUARY "--''' Jih,) 0 .Ii. 23, 1979 PAGE ~: ference split among cities, counties and districts in the State--the League was asking the cities' support on this bill. The League also asked the Council's support of the Roberti-Z'berg Urban Open Space Program, which 'is an extension of the current 'program. The third item under consideration was condominium conversions--efforts are being made to put these convers ions into the Map Act. 'I t was moved by Counc i I' Member de Leon,.. " seconded by Counei,l Member Gallagher, and' unanimously carried, that the City Administra- tor be instructed to write a letter to the State legislators asking their support for the Ie sales tax reduction, the Roberti-Z'berg Urban Dpen Space Program, and for placing condominium conversions in the Map Act. " r PROGRESS REPORTS: FIRE STATION; COMMUNITY BLDG.; STROTHER,PARK; ELM ST. SPORTS COMPLEX', Administrator Butch reviewed the Fire Station Committee's report received on the ,,' five sites for the relocation of the FIRE STATION; he explained Council approval was needed to begin appraisal procedureso on two of the sites on South Halcyon. It was moved by Counei 1 Member Ga 11 agher, seconded by Counc i 1 Member Sm i th and unan i mous 1 y carried, that the Counci 1 authorize the appraisa'] of two of these' properties based upon" the approval of the property owners. There was nothing to report on the COMMUNITY BUILD- ING ,enlargement; Council Member Gallagher requested staff check into negotiating with! the County Re. possible use of County property adjacent to the COl11mu'nit.y'~,ldg:, to help make up the loss of frontal property with ~he expansion of the building. The State has approved the plans on STROTHER PARK; the bids wi 11 be back on February B, 1979,. and the cost should be known on that date. On the ELM STREET SPORTS COMPLEX, the sewer service. to the concession stand has been resolved; in a few days a representative from the State wi'll be here to look the complex over for possible State funding. There was discussion on possible names for the Sports Complex with Mayor Millis suggesting the entire complex: be named after Mrs. Gee Gee Soto for her efforts in uniting the Sports Associates and Council Member Pope suggesting the naming of the complex at this time was premature and requesting it be postponed unti 1 the Sports Associates have' completed the work they were scheduled to do .on the Complex. Counci 1 Member Pope suggested naming selected si.tes 'in the complex after the many people who have worked with the sports in our area. After discussion, it was moved by ,Council ,Member Gallagher, seconded by Council Member Smith and carried with Council Member Pope voting no, that the Coun~il send to the Parks and Recreation Commission the' recommendation that the Complex be .named for Gee Gee Soto. REQUEST FROM DICK BLANKENBURG, SD. CO.' PUBL I SH I NG CO., RE'.BUS'I NESS LICENSE FEES Administrator Butch read a letter from Mr. Dick Blankenburg, South County Publish- ing Company, regarding the reclassification of the publ ishing company for business 1 icense fees; such reclassification i.ncreased. his fees from $25 per year plus $4.00 per emp,loye,!', to $30.00 per year plus ,$7.00 per employee. He was requesting the business 1 icense fees be uniform in all business categories. Administrator Butch reviewed the .different class',i- fications for licensing, as per the City's Business License Ordinance, covering the three categories for. businesses: (1) retail sales; (2) 'manufacturers, and; (3) professions and businesses. There was considerable discussion between the Council and staff on classi'fi- cations and possibility of establishing one single fee for all businesses. It was the general consensus of the Council that Mr. Blankenburg be responsible for paying current. business 1 icense fees as establ ished and that staff be directed to study this item and' come back to ~he Counci 1 with a recommendation .on a business 1 icense fee, or. the possi- bi 1 ity of making all fees uniform, to be effective on January I, 19BO. r REPORT ON ZONE THREE MEETING OF JANUARY lB ,1979 . Council Member de Leon gave an oral report on the Zone 3 meeting of January lB, 1979, reviewing the revenue and visitation figures for the past year. City Engineer Karp also gave an oral report on the recent condition of the drinking water from the water treatment plant. He explained ,the County is' aware the water has been substandard, however, they are current ly study i ng the i r treatment process to improve the qua 1 i ty .of the water and to solve some of their operational problems'. Also, the budget for 1979-BD has been tenta- tivelyapproved. One of the water treatment plant's main lines broke earlier this month. and during repairs water was pulled out of the City's reservoirs, which could have caused the pumps ,to burn out if it had gone unchecked. The problem was discovered and the County has now budgeted for check valves to be placed in the system to prevent a. reoccurance of. the same problem. REPORT ON PROPOSED CANYON WAY IMPROVEMENT DISTRICT City Engineer Karp explained he had met with the residents of Canyon Way, who had ex- pressed enthusiasm and desire in the formation of an improvement district 'for Canyon Way,. He recommended that this matter go to the Planning Department, through a petition for re- zoning, to insure the residents do want the District before the City spends any money on. this project. Council concurred on this and requested that any residents interested in the formation of a Canyon Way improvement district pickup rezoning petitions at the Planning Department. RECEIPT OF LOPEZ WATER CONTRACT BILLING FOR FISCAL YEAR 1979-BO Administrator Butch explained, for the Council's information, that the Lopez Contr~ct Billing for fiscal year 1979-80 was $424,425.90--a budgeted item for the City. 134 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JANUARY 23, 1979 PAGE 5 REPORT ON SOUTH COUNTY WATER ASSOCIATION MEETING OF JANUARY 11, 1979 City Engineer Karp gave an oral report on the South County Water Association meet- ing of January 11, 1979, noting the discusiion ientered on the possible formation of a ground water management agency, (possibly the" Water Association i"tself), which would be responsible for delegating and enforcing the rights of all users of the ground water supply and preventing the infringement on water rights by other agencies." PROGRESS REPORT ON TALLY HO ROAD DRAINAGE Engineer Karp explained there was nothing further to report; "the C"ity is st,iH wait- ing for official word from the Federal Government with regards to the funding on the drainage project. Council Member Millis asked for a report on the status of the peti- t ions. Admi n i s t rator Butch exp 1 a i n"ed the re had not" been any v"o 1 unteers to c i rcu'l ate the petitions and staff c"ould not be used for this work. After bde"f discussion, it was" moved by Council Member Pope, seconded by Council Member de Leon, and unanimously carried, that staff be authorized to write a letter to all property owners on Tally Ho Road, in- forming them that a petition on the formation' of an improvement dis'trict is avai lable 'at the City Hall for signing, if so desired. REPORT ON CLEAN AIR ATTAINMENT/MAINTENANCE PROGRAM Administrator Butch presented a memo from City Planner Tom Sullivan, with regard to the Clean Air Attainment/Maintenance Program, which is currently being considered by the County. It was the general consensus of the Council that the Program, as presented, is not acceptable. I t was moved by Counc i 1 Member" Pope, seconded by Counc i 1 Member Ga 11 agher, and unanimously carried, that" the City's representative be instructed to vote against this current program. D REQUEST FOR RECORD CHECK BY JIM FORTSEN, UP WITH FAM IllES Upon oral request by Mr. Jim Fortsen, 139 Rosewood, (Up With Families), the City Council directed the City Clerk to check into the records of previous Council meetings to check 'action Mr. Fortsen' felt the Counci 1 had taken to authorize a letter to the Chamber of Commerce requesting the Chamber write a letter to loca'l merchants requestin'g voluntary removal of any lewd/pornographic material from their stores. Also, Mr. Fortsen questioned the status of an ordinance adopted by the City of Pis'mo Beach, which was' pr'esented to the Council for consideration. Attorney Shipsey explained the ordinance is currently being studied by the League of California Cities and the City's prosecuting attorney. COMPLAINT RE.' SAND/SILT PROBLEM 'ON GULARTE ROAD, JAMES DORSI Mr. James Dorsi, Gularte Road, spoke to the Council informing them of the silt and sand problem "on Gula'rte Road. 'He explained the road is continually being covered by sand an'd silt and was requesting something be done' about the situation. He also asked if 'a speed survey h'ad been done on Corbett' Canyon Road. E'ngineer Karp explained the survey had been conducted; as a result of the survey Corbett Canyon Road will be posted at about 35 ~iles per hour speed limIt. ' ' , PERMISSION TO LEAVE STATE - COUNCIL MEMBER DE LEON Counci 1 Member de Leon explained that due to illness he had not been able to leave' the State as he had previously planned. Consequently, he 'was requesting permission to be absent from the State for the next few weeks and he would return by the Council's next meeting. It was moved by Council Member Gallagher, seconded by Council Member Smith,and unanimously carried, that Council Member de Leon be granted permission to leave the State for the next few weeks, to return by the regular Counci 1 meeting of February 13; 1979. ORAL COMMENTS BY COUNCIL MEMBER GALLAGHER AND MAYOR MILLIS Council Member Gallagher questioned the progress being made towards the purchase of U an opaque projector for the 'City; staff is s"til1 looking into this. He als'o questioned ~ the progress on the survey of curbs, gutters and s1dewalks in the City; staff is still trying to accomplish this survey. Mayor Millis suggested the Council recommend to the Planning Commission that the Commission consider planning for a regional shopping center in the area of the Rancho Grande development. After brief discussion, Council concurred. ADJOURNMENT On the mot i on of Counc i 1 Member Ga 11 agher, seconded by c"ounc i 1 Member de' Leon, and unanimously carried, the meeting was adjourned at 9:46 P.M. ' <:.. A~:;:~ ATTEST:0~..tR- if~~~^ DEP Y CITY CLE