Minutes 1979-02-27
CITY'COUNCIL
ARROYO GRANDE, CALIFORNIA
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FEBRUARY 27" 197~
7: 30 P. M.::
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The City Council met in 'regul~r session with Mayor Mark Millis presiding. Upon
roll call, Counci 1 Members Matt Gallagher, Jr., Gabe de ,Leon, Hugh Pope, Jr.;, and
B'Ann Smith reported present.
APPROVAL OF MfNUTES
On the motion of Council Member Gallagher, seconded by Council Member de Leon 'and
unanimously carried, the minutes for the meeting of February 13, 1979, were approved
as submitted.
APPROVAL 'OF WARRANTS ,
It was moved by Council Member de 'Leon, seconded by Counci,l Member,Gallagher and,
unanimously carried, that Demand Warrants No; 10219 to 'and including 10320, in the
amount of $22,464.84, and Payroll Warrants No. 13434 to and including 13522, in'the
amount of $43,087.29, for a Granq Total of $65,552.13, be approved as submitted and
ordered paid.
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PRESENTATION OF PLAQUE TO JO'ANN WIZEMANN
Mayor Millis presented a Plaque of Appreciation to Jo Ann Wizemann, in recogni-
tion of her years of service to the City as a Member of the Downtown Parking Advisory
Board. The Council thanked Jo Ann for her service.
A Plaque of Appreciation was also prepared for Mrs. Norma Mitchell for her ser-
vice to the City on the South County Human Relations 'Commission. ' The plaque wi 11 be
forwarded to Mrs. Mitchell.
APPROVAL ,OF CONSENT AGENDA ITEMS
On the motion of Council Member de Leon, seconded by Council Member Smith and
unanimously carried, the following Consent Agenda Items were approved as recommended
by Administrator Butch:
A-I. Receipt of January, 1979, Report from Central Coast Cities' Self-Insurance Fund
on Workers" Compensat ion. RECOMMEND RECE I VE AND FILE.
A-2: Receipt of Revision of the California State 911 Systems Standards ~nd Guidelines.
RECOMMEND REFERRAL TO POLICE AND FIRE DEPARTMENTS.
A-3. Receipt of South County Seniors' Yearbook for 1979. RECOMMEND RECEIVE AND FILE.
A-4. Receipt of Department of Transportation 'Development 'Act; Re. Statutes and Admin-:
istrative Code for 1979. RECOMMEND REFERRAL TO CITY ENGINEER.
APPROVAL OF APPEAL ON LOT SPLlT.CASE NO: 78-300, KIRKPATRICK: REFER TO PLANNING COMM.
, Administrator Butch reviewed for the Counci 1 the appeal of Lot Spl it Case No. :
"78-300, in which Mr: Kirkpatrick was appealing the decision of the Planning Commission
to prohibit the'issuance of any building permits on the Printz Road lot split until
City water and sewer services were 'availab'le. Council had deferred making a decision,
on the 'appeal 'at their meeti'ng of February 13, 1979, until'staff had studied the pos-:'
sible ramifications of approving the appeal.
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Planning Director Castro then reviewed for the Council the property involved in
the lot split and surrounding parcels of land. He reviewed the various avenues open
for extending services to the parcels on Printz Road, including extending water and
sewer 1 ines on Printz Road from Corbett Canyon Road, 'the extension of Canyon'Way to'
provide City'services, 'or acquiring'util ity extensions from the Rancho Grande Develop-
ment.He reviewed two alternatives available to the Council: (1) upholding the 'policy
of disallowing development in the 'areas where the City"s water and sewer services were'
not available; but the Council would still have to address the matter of subdividing
the land; or (2) creating'a new zoning 'district--Agricultural Suburban Zone--which
would establish a 2t acre lot minimum, decrease the severity of the problem of water
contamination and would be compatible with surrounding County areas. In this way the
City could try to coordinate property within the City limits to the County area which
surrounds it. The Council questioned Mr. Kirkpatrick's stand on the possibility of
creating an agricultural suburban zone calling for a 2t acre minimum lot size. Mr.
Kirkpatrick expressed satisfaction with this plan, noting a desire to maintain the
current lifestyle in existence in that area and the feeling that 2t acres would allow
proper water supply and drainage facilities. Mr. Kirkpatrick requested that the
Council allow the approval of his appeal, with the condition that he not be allowed
to do any development until the proper zoning comes in for his property. The Council
discussed this solution, noting the rezoning would include the entire stem area along
PrinttRoad; approximately 25:4 acres, as well as,the 18.6 acres north of the Rancho
Grande Development owned by Bill Lackey.
After discuss i on, it was moved by Counc i 1 Member Pope, seconded by Counc i I Member,
de Leon and unanimously carried, that' the Counci 1 grant Mr. Ki rkpatrick"s appeal',
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CITY COUNC I L
ARROYO GRANOE, CALIFORNIA
FEBRUARY 27, 1979
PAGE 2
subject to the .rec1as~ification of the 2f acr~ special ;zonin~ dist~ict on the 25.4
acres on Pri.ntz Road and the 18.6 acres owned by Mr. Lackey.
It was moved by Council Member Gallagher, seconded by Council Member Smith, and
unanimously carried, that this matter be referred to the Planning Commission for re-
consideration.of rezoriing this land to the 21 acre minimum lot size.
AOOPT OROINANCE ON CABLE TELEVISION FRANCHISE
Administrator Butch gave the second reading of the title of the ordinance estab~
1ishing a 15-year franchise with Sonic Cable Television to provide cable television
service to Arroyo Grande: It was moved by Council Member Gallagher, seconded by
Council Member de Leori, and .unanimously carried, to dispense with further reading of
the ordinance. .
ORDINANCE NO. 189 C. S.
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AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE
ARROYO GRANDE MUNICIPAL CODE BY AMENDING CHAPTER 2. OF
TITLE 5 OF THE ARROYO GRANDE .MUNICIPAL CODE TO.PROVIDE
FOR THE REGULATION AND GRANTING OF FRANCHISES FOR COM-
MUNITY ANTENNA TELEVISION SYSTEMS.
On the motion of Council Memb~r 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 Mill is.
None.
None.
the foregoing ordinance was passed and adopted this 27th day of February, 1979.
Upon question from the audience on th~ service/reception cur~ently received by
local citizens, Administrator Butch explained the Sonic Television Company had conducted
a survey on service. received by local resident~ which showed general satisfaction with
the level of service received in Arroyo Grande. Along with this, the Council had held
a public hearing asking citizen input on local cable service.
The Council then instructed the City's Attorney to prepare the necessary agreement
for the franchise with Sonic Cable Television:
FIRST READING ON ORDINANCE REVISING BUSINESS LICENSE FEES
Administrator Butch presented to the Counci.] the proposed changes in the business
license ordinance. Finance Director Bacon reviewed the proposed changes notin~ revi~;
sioris on 1 icen~e due dates, sequ~ntia1 numb~ring changes, .and establishmerit of .an identi-
cal rate structure for retail.sales, busiriesses, professions, service-ciriented,manu-
factur~rs, who1sesa1ers, trucking businesses and .simi lar operations; After this review,
Attorney Ship~ey gave the first reading to the.ordinance which amerids business license
fees. I t was moved by Counc i 1 Member Ga 11 agher, seconded .by Counc i I Member .de Leon and
unanimously carried, to dispense with further reading of the ordinance.
ADOPT RESOLUTION LIMITING PARKING ON GRAND AVENUE TO 12.HOURS
Engineer Karp explained the staff had been asked to study reducing the.parking
1 imit on Grand Avenue to help el iminate misuse of the parking privi leges on Grand Ave- u..
nue, through abandonment of vehicles: A twelve-hour parKing limit would provide ade-
quate time for .commercia1 and customer use and would help eliminate the problem of.
abandoned .vehic1es. Attorney Ships~y then read the.title of'~he resolution .revising
the parkirig limit on Grand Avenue to twelve hours. It was .moved by Council Member
Gallagh~r, seconded by Council Member Smith to .disp~nse with further reading of the
resolution.
RESOLUTION .NO. 1345
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING AND ESTABLISHING RE-
VISED PARKING LIMITS ON.GRAND AVENUE.
On the motion of Council Member de Leon, 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 27th day of February, 1979.
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FEBRUARY 27, I 9ZI'8' -
PAGE;3
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ADOPT RESOLUTION ESTABLISHING A 35-MILE-PER-HOUR SPEED LIMIT ON CORBETT-CANYON ROAD 'I
Engineer Karp explained the residents on Gularte Road had compl~ined of speeding:'
traffic off of Gularte Road on Corbett Canyon Road, and had requested speed surveys
of that area to establish a speed limit .on Corbett Canyon. Road. He explained.the City
had conducted the survey and was.recommending the.establishment .of a 35'milecper-hour
speed I imit on Corbett Canyon .Road fro';' Highway 227 to the northeasterly City 1 imits. :'
Attorney Shipsey then.read the title of the resolution establishing a 35 mile-per-hou~
speed limit on Corbett Canyon Road. It was moved by Council Member de Leon, secondedH
by Council Member Gallagher and unanimously carried, to dispense with further reading 'I
of the resolution. . 3
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
RESOLUTION NO. 1346
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A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF
.ARROYO GRANDE AUTHORIZING AND ESTABLISHING A 35
MILE-PER-HOUR SPEED LIMIT ON CORBETT CANYON ROAD.
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On the motion of Council Member de Leon, seconded by Council Member Gallagher.and on
the fol lowing rol leal 1. vote, to wit:
. AYES:
NOES:
ABSENT:
Counci I Members Gallagher, de Leon, Pope, Smith and Mayor Mi I I is.
None.
None.
the foregoing resolution ,was passed and adopted this 27th day of February, 1979.
NOTICE OF PUBLIC HEARING ON REZONING CASE NO; 79-123, EL CAMINO REAL
Administrator Butch noted for the Counci I 's information that a publ ic hearing
has been scheduled on Rezoning Case No. 79-123, 1122 and 1160 El Camino Real .from ':A" ,
Agricultural District to "P-D" Planned Development District on March 13, 1979, at
8:00 P.M.
PLANNING COMMISSION RECOMMENDATIONS ON LAND USE/ZONING ORDINANCE REVIEW'
ITEM 28: .Grandmother' s. Mobilehome,.Park and Fuller's Undeveloped .Parcel.
PLANNING COMMISSION RECOMMENDATION: 'Cone~ed with ~he Councit'~ ~eeommendatio~
:that :the GJu1.ndmo:thvu,' Mobilehome PMk. be eo~.uieJ1.ed nOIL {Ugh d~ily zOn..<.ng (Rc3);
:thcd :the Fu.U.eJ1. PlLopeJr.:ty be fube..U.ed M med.i.um {Ugh de~ily zOn..<.ng (R-G-V).
Planning Director Castro reviewed the Planning Commission's recommendation on
Item 28 and advised the Council that the Commission did reaffirm their approvai of
the plans for a 30-unit two-story complex previously presented by Mr. Fuller; if the
Council proceeded with the medium high density.district, Mr. Fuller's development
plans would stand approved.
Council Member Smith reaffirmed that approving medi.um high density zoning for
the Fuller property would approve the plans for the 30-unit complex. .There was con-
siderable discussion by the Council on this item, with the Council's consensus being
that the best transition zone between the R-l (single-family residences) and R-3
(Grandmothers' .Mobilehome Park), would be .the R-2, i.e., medium low density.
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Mr. Fuller questioned the Council's previous .action in recommending medium high
density to the Planning Commission--which .the Commission reaffirmed--and their cur-
rent action to change the recommendation to medium low density. Council Member Smith:
exp 1 a i ned her. concern' about the .appropr i ateness of a two-story, 30-un i t complex in'
that area and her belief.this area would be better suited to one-story, low-cost
housing for senior citizens.
Mrs. Evelyn C. Tallman, 532 Carol Place, presented to the l;ouncil a petition
from neighboring residents surrounding the Fuller parcel, who object to changing the
classification on this parcel to medium high density, on the basis of inadequate traf-,
fie circulation and drainage, that high density residences remain on the ,north side of
Farrol I Roadonly, ,and the increased burden placed on fire and pol ice services.
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Council discussion ensued on this 'matter, with the general consensus of the Coun-
cil being that the transition zone for this area should be medium low density. After"
discussion, it was moved by Council Member de teon, seconded by Council Member Smith
and unanimously carried to refer 'Item 28 back to the Planning Commission with the
recommendation of medium low density.
ITEM 40: Property Between Bennett Avenue, North Halcyon 'Road and Grand Avenue.
PLANNING COMMISSION RECOMMENVATION: The Com~~ion eone~ed with :the Councit'~ mod~:'
iM~o~ t:hat :the .l'.umbeJ1. YMd Mea, ine.l'.ud.i.ng :the t:e.tephone ~:toJu1.ge Mea, be eon-
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
tinu.ed a.6 P-M, wLth ;the pJWpeJLtiu 6JWn.ting an Haic.yon Road and .Gltand Avenu.e bung label--
led 60ft Highway Se.ttvic.e 6a.c..U{;Uu.
FEBRUARY 27, 1979
PAGE 4
Planning Director Castro reviewed the Planning Commission's. recommendation wh,i.ch
concurred with the Council's modifications. After confirming that this recommended
change was satisfactory.to.the owners of the lumber yard, it was moved by Council Member
Gallagher, seconded by Council Member de Leon and unanimously carried, to tentatively
approve Item 40, to place the lumber yar.d area and the telephone storage area between
Bennett Avenue, North Halcyon Road and Grand Avenue under P-M classification, and make
the properties fronting on Halcyon Road and Grand Avenue Highway Service.
REPORT ON PRELIMINARY STUDY BY CENTRAL COASTAL COMMISSION RE. COASTAL BOUNDARY CHANGES
Planning Director Castro advised that a public hearing is to be held on March 22,
1979, in the Board of Supervisors' Chambers at 7:00 P.M., to discuss the boundary modi-
fications on the coastal boundaries; this date .has not yet been confirmed. He reaffirmed
his concern about including the area along Noyes Road, Printz Road, Oak Park Development,
all of the Rancho Grande Development and the Halcyon Hills Development in the.Coastal
Zone. There was brief discussion by the Council on the concerns of the Coastal Commis-
sion and the Council's opposition to the inclusion of part of Arroyo Grande in this
coastal district, .as it would .take away local control for this area... It was moved by
Counc i I Member Pope, and seconded by Counc i 1 Member Ga 11 agher, that the.C i ty Counc i 1 :
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(1) Address a letter to the Coastal Commission noting its strong opposition to inclu-
sion in the coastal district;
(2) Instruct the City Attorney to review the State law pertaining to the Coastal Com-
mission's procedures for holding public hearings on amendments to boundary changes;
(3) Ask other interested part ies, such as the Chamber of Commerce, developers affected
by this action, etc., to write a letter noting their position on their concerns on the
boundary changes;
(4) Instruct the Planning and Public Works Departments to prepare a letter noting past
reviews and conditions pertaining to local developments and siltation safeguards to the
Pismo Lake; and
(5) Ask the City Administrator to spearhead an effort to get a formal resolution passed
by political corporations who have control of property in this zone, strongly opposing
the inclusion of their areas in the coastal zone.
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On the following roll call vote: AYES:
Smith and Mayor Mi 11 is; NOES: . None;
mously carried.
Council Members Gallagher, de Leon, Pope,
ABSENT: None; the foregoing motion .was unani-
PRELIMINARY REVIEW:. 'OF PARCEL NO. 77-103, RANCHO GRANDE DEVELOPMENT
Planning Director Castro reviewed Parcel No. 77-103 of the Rancho Grande Development,
noting the parcels were laid out to conform to the conceptual master plan the Council had
approved on this development. He explained this was a correction of lot lines to reflect
the master conceptual plan, by.placing the property lines at the edge of the right of
way of .the main collector street.
It was moved by Council Member Pope, seconded by Council Member Gallagher and unani-
mously carried that the Council approve Tentative Parcel Map No. 77-103 with the follow-
ing conditions: a) that applicable ordinance conditions must be met; b) .that the parcel
lines be set back to the.edge of the right of way; c) perpetual offer of dedication of
right .of way; d) reserve easements over .the right .of way for the benefit of all parcels U
for the.purpose of~ccess and public utilities and construction purposes; e) that .the -
flag to Parcel 9 be revised to 54 feet; f) that the radii of the curves of the right of
way through Parcel 1 be lengethened; g) that the Planning Department be .furnished with
copies of corrected tentative map for file purposes; h) that a Mylar copy of the re-
corded map be furnished to the City; and i) that the tentative map conforms to the
General Plan and the Zoning.
JUDY TAPPAN APPOINTED TO.THE SOUTH COUNTY HUMAN RELATIONS 'COMMISSION
Mayor Millis nominated Mrs. Judy Tappan to the South County Human Relations Commis-
sion; nomination was seconded by Council Member de Leon and unanimously approved by
the Council. Administrator Butch will notify Mrs. Tappan of her appointment.
NOTICE OF PUBLIC HEARING ON APPEAL OF USE PERMIT NO. 78-278 (HARRIS'AND COCKS)
Administrator Butch explained a publ ic hearing had been scheduled on the appeal by
Council Member Smith of the Planning Commission's decision on Use Permit No. 78c278,
Harris and Cocks, for open pipe storage, on March 13, f979, at 8:06 P.M. .
RECEIPT OF. LATEST LEAGUE OF CALIFORNIA CITIES BULLETINS
Administrator Butch reviewed the latest bulletins from the League of California
Cities, noting an effort is currently underway to delete the litter control law.
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CITY COUNCIL FEBRUARY 27, 19~9
ARROYO GRANDE, CAL I FORN I A PAGE li5
PROGRESS REPORTS: FIRE STATION; COMM. BLDG.; STROTHER PARK; ELM STREET SPORTS COMPLEX :1
Administrator Butch explained' that two sites had' been chosen for'proposed'appraisa'l
on the relocation of the FIRE STATION, but one of,the sites was no longer available; it'
was noted the Council would have the appraisals for two pieces of property at their next'
meeting. Council Member Smith specifically requested these appraisals be ready, along'
with comments from the Fire Department personnel on the proposed pieces of property atil
the Council's next meeting of March 13, 1979. There was nothing to report on the COM_I
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MUNITY BU1LDING'at this time. On'STROTHER COMMUNITY PARK, the"insurance'has been re'
ceived from Bouzard Construction and the contract is out for signature at this time.' On
the ELM STREErSPORTS COMPLEX the City has received the Roberti-Z'berg grant in the
amount of $80,250 for the development of tennis courts at the Elm Street Park. This ,
will be brought back to the Council as soon as staff has conferred with professionals i'n
the construction of tennis courts. Administrator Butch was instructed to write to State
Legislators th,anking them for their help in obtain'ing this'grant.
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RECEIPT OF NOTICE OF PUBLIC LAW 95-555, PREGNANCY DISABILITY AMENDMENT
Administrator Butch explained for the Council's information, that this Public
Law 95-555 provides for,pregnancy disability coverage, to go into effect on April 30,
1979. The City is currently looking into this; the best procedure may be to go self- I
insurance..
AUTHORIZATION TO SIGN AGREEMENT FOR CONTINUED USE OF F.A.U. FUNDING BY CITY
Engineer Karp explained that the Council had to approve the standard master agree'
ment for continued use of F.A.U. Funding on City'projects, such as Grand Avenue; this'
agreement states the' City wi 11 comply with lFederal standards in order to continue using
F.A.U. funds. It was moved by Council Member Pope, seconded by Council Member de Leon
and unanimously carried, that the Council authorize the proper execution of this docu-
ment and the Mayor and City Clerk be authorized to sign this agreement.
PROGRESS REPORT ON PETITIONS FOR PROPOSED TALLY HO ROAD DRAINAGE AND STREET IMPROVEMENTS
Administrator Butch reviewed the' Council's previous action to write a letter to
property owners on Tally Ho Road letting them know petitions were available for signa-
ture on the Tally Ho Road Improvement District. At this time, there were three people'
who had signed the petition. There were several comments from the audience on the pro~
posed improvement'district. No further action was taken by'the Counci I,. 'i
PROGRESS REPORT ON ZONE 3 ADVISORY MEETING OF FEBRUARY 15, 1979
City Engineer Karp reported on the recent meeting of the Zone 3 Advisory Board
Meeting of February 15, 1979, noting Lopez Lake is a couple of feet from the spillway
at this time.' The City has used 105 acre'feet of water during the month of' January,
1979; also, an additional 8,000 trout have been planted.
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REQUEST BY COUNCIL MEMBER GALLAGHER ON CONTROLS FOR SILTATION AND WATER FROM COUNTY AREAS
Council'Member Gallagher spoke on the silt and water filtration'that comes to'the"
City from the County area. Administrator Butch' explained"the City has written to the,
County asking the County to enforce their grading regulations to control water'and
siltation in their areas. Council Member Gallagher requested staff take whatever action
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is needed to insure that developments in the County area retain water and silt on their
developments.
ADJOURNMENT
There being no further business before the Council, it was moved by Council Membe~
de Leon, seconded by Council Member Smith and unanimously carried, to adjourn the
meeting at 9:27 P.M.
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ATTEST:(b~O~. 0 ~~.I'Ov\
DEPUTY 1: I T CLERK '
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