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Minutes 1980-03-11 306 CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 11, 1980 The City Council met in regular session with Mayor Millis presiding. Upon roll call, Council Members Hugh o. Pope, Jr., Matthew P. Gallagher, Jr., Gabe de Leon and B'Ann Smith reported present. -PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag. Thereafter, Councilman Gallagher delivered the invocation. APPROVAL OF MINUTES On motion of Councilman Gallagher, seconded by Councilman de Leon and unanimously carried, the minutes for the regular meeting of February 26, 1980 were approved as prepared. APPROVAL OF WARRANTS On motion of Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, Demand Warrants No. 12422 through:No. 12494 and No. P829 through No. P85l in the total amount of $642,865.55; and Payroll Warrants No. 16673 through No. 16768 in the total amount of $42,001.06, were approved and ordered paid. u :rT"RM.c::. nRT,R"PF,n FROM AC:F.NnA e6. 01. 04 APFROVA8 OF CONSENT AC:F.NDA TTRMS On motion of Councilman Gallagher, seconded by Councilman de Leon and unanimously carried, the following Consent Agenda Items were approved, as recommended by City Administrator Butch. A-I. Receipt of 10 Years Achievement Pedestrian Award from Automobile Club of Southern California. RECOMMEND RECEIVE AND FILE. A-2. Receipt of Liability Experience Management Summary for January, 1980. RECOMMEND RECEIVE AND FILE. A~3. Receipt of Six-Month Report of the County of SLO, Department of Animal Regulation Statistics. RECOMMEND RECEIVE AND FILE. RECEIPT OF-~DEPARTMENTAL MONTHLY REPORT FOR THE MONTH OF FEBRUARY. ]980 Administrator Butch reviewed the Departmental Reports for February, 1980 noting~that Building Permits had dropped off and notifying Council that the Recreation report was missing due to illness in the Recreation Department. ADOPT ORDINANCE~APPROVING THE DEVELOPMENT AGREEMENT RELATING TO WILDWOOD RANCH DEV. Administrator Butch read the title of an ordinance approving the de"O' velopment agreement relating to Wildwood Ranch development. A motion was then made by Councilman de Leon, seconded by Councilwoman Smith and unanimously carried to dispense with reading the balance of this ordinance. ORDINANCE NO. 211 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE APPROVING THE DEVELOPMENT AGREEMENT DATED FEBRUARY 26, 1980 RELATING TO THE WILDWOOD RANCH DEVELOPMENT. On 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 Pope, Gallagher, de Leon, Smith and Mayor Millis None None u the foregoing Ordinance was passed and adopted this 11th day of March, 1980. ORnTNANCF. l.c::.T RRAnTNC: RF,7.0NTNC: OF WTT.nW()OO RANCH DRVF.TDPMF.NT.??O CORRRTT rANVON ROAD. FROM "RAB3" TO "PD" PLANNED DEVELOPMENT (TEMPUS) City Attorney Shipsey reviewed the changes that had been made in the development ,provision section of the ordinance for the Wildwood Ranch Develop- ment. Because of these changes, Shipsey recommended that the ordinance have another first reading. The changes include the deletion of the word "may" and insertion 'of "shall" ,and the deletion' of condition~'.!~~'__in.~the old agreement. Condition 39 stated than any proposal that would change the land use of the conceptual master plan shall be deemed a change in the approval of the Ordinance. n r;~, ' , ;: I , , , , . i 307 CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 11, 1980 PAGE 2 Councilman Gallagher felt that this condition was necessary. and should not be deleted. Shipsey stated that it was, only left out because it seemed redundant. Councilman Pope, felt the Ordinance should stay as close to the original as possible unless there was another Public Hearing. Other members of Council concurred. The matter_was tabled for a few minutes to allow the owners of the property to review the changes. ADOPT ORDTNANCF.-AMENDING ARTICLE 6. SECTION 9-4.605(A). HEIGHT RESTRICTION IN .tiN "R-l" SINGLE FAMILY RESIDENTIAL DISTRICT Administrator Butch read the title of an ordinance amending sectio~ 605 (a) of Chapter 4 of Title 9 to limit heights in R-l districts to thirty feet. A motion was then made by Councilman Gallagher, seconded, by Council- man~de Leon and unanimously carried to dispense with reading the balance of this ordinance. ORDINANCE NO. 212 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING SECTION 605 (A) OF CHAPTER 4 OF TITLE 9 TO LIMIT R-l HEIGHTS TO THIRTY FEET. On 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 Pope, Gallagher, de Leon, Smith, and Mayor Millis, None None the foregoing Ordinance was passed and adopted this 11th day of March, 1980. .ADOPT ORnTNAN~F.-AMF.NnTN~ 7.0NTNr" ORnTNANr.F. FROM "R 1" TO "B_SI' Hrr,HWAV SRRVrC-F. DTSTRTCT.' 1061 AND 1065 GRAND AVENUE (LANDINI) Administrator Butch read the title of an ordinance amending the Municipal Code by rezoning certain property at 1063 and 1065 Grand Avenue from "R-l" Residential District to "H_S" Highway Service. A motion was then made by Councilman Gallagher, seconded by Councilwoman Smith and unanimously carried to dispense with reading the balance of this ordinance. ORDINANCE NO. 213 C.S. AN ORDINANCE OF THE CITY OF'ARROYO GRANDE AMENDING A PORTION OF THE ZONING MAP OF THE CITY OF ARROYO GRANDE REFERRED TO IN SECTION .302 OF TILE 9, CHAPTER 4 OF THE MUNICIPAL CODE SO AS TO REZONE CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE. On 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 Pope, Gallagher, de Leon, Smith and Mayor Millis None None the foregoing Ordinance was passed and adopted this 11th day of March, 1980~ PROr,RPC!C T"l'C'T"Iot"'\nrn("'l U7I.OT(){JS C-TTY PROJECTS Fire Station-Administrator Butch reported that hopefully the preliminary design plan would be ready by the next Council meeting. ~' Community Building~Administrator Butch reported the design plan should be ready for theCity Engineer and Planning Director to review next week and hopefully will come to Council some time in April. Strother Community Park-Butch reported that the City has been in contact with the State CCC Corp for aid in installing the irrigation system and the grass. Sota Sports Complex-Bids have been called for the tennis courts and also the curb, gutter, and'sidewalks~ Water System-City Engineer Karp reported that the escrow had not yet been closed. RF.CF.TPT OF LATEST LEAGUE OF CALIFORNIA CITIES' LEGISLATIVE BULLETINS AND OTHERS Council received the latest League of California Cities' Bulletin'for their review. As a matter of interest, Administrator Butch pointed out that a l. ~ . 308 CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 11, 1980 PAGE 3 matter currently before the legislature is, a proposal to prohibit the sale of narcotics paraphernalia. This item was previously brought to Council's attention by the PTA. After discussion, a motion was made by Councilman Gallagher, seconded by Councilwoman Smith and unanimously carried, instructing. staff to write a letter to the proper legislators and the League supporting AB 2046. FURTHER nTsCnSSTON REZONINr; WILDWOOD 'RANCH DF.VF.T.OPMF.N'T' O'RnTN:n.!'lrF. l~rp 'R'Rn.nrMr. Rob Rossi, architect for Mr. Tempus on the ,Wildwood Project, stated that he had reviewed the changes and found the intent to be the same and had no objection. to the ordinance. Mr. Tempus also. stated he was in concurrence with the agreement. Administrator Butch then read the title of the ordinance approving the Rezoning of. Wildwood Ranch Development, from "RAB3'! to "PD". A motion was then made by Councilman Gallagher, seconded by Councilman de Leon and unanimously carried to dispense with reading the balance of this ordinance. LF.'I''I'F.R 01' RF.QllF.S'I' FROM 'I'HF. DOWNTOWN PARKING ADVISORY BOARD. RE. A CHANGE IN THE NUMBER OF TWO-HOUR PARKING SPACES IN THE CAR CORRAL Administrator Butch read the letter from David Loomis, Chairman of the Downtown Parking Advisory Board with regard to the change in the number of two-hour parking spaces in the car corral. Administrator Butch stated that the Parking & Traffic Commission will be meeting this Thursday at 4 P.M. and have expressed the desire to handle this matter at their meeting, and then refer the item to Council. The Mayor then directed the matter be held over until the next Council meeting. ~ jmOUEST OF CTTV CLF.'RK HR. RR~nT.TT'T'TON.c: CONCF.RNTNr. 'T'HF. FO'RTl-Jl'OMT1\1r. WTT\TT("TPnT. ~TRC''T'H)N Administrator Butch explained that one of the resolutions requested was to permit the canvassing of the results of the election at the County Court;.," ,_ house and the other is to order the canvass of the election that will be held the 8th of April. Administrator Butch then read the title of the resolution Concerning Election Canvass at a Central Place (Courthouse in San Luis Obispo). A motion was made by Councilman Gallagher, seconded by Councilwoman Smith and unanimously carried to dispense with. reading the balance of this resolution~ RESOLUTION No. <_1402 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONCERNING ELECTION CANVASS AT A CENTRAL PLACE (ELECTION CODE SECTION 17050). On 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 Pope, Gallagher, de Leon, Smith and Mayor Millis None None the foregoing Resolution was passed and adopted this 11th day of March, 1980. Administrator Butch then raacl::the title of the resolution ordering the canvass of .the-:'general municipal election. A motion was made by Councilman Gallagher, seconded by Councilwoman Smith and unanimously carried to dispense with reading the balance of this resolution. RESOLUTION NO. 1403 A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF ARROYO GRANDE, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON THE 8TH DAY OF APRIL, 1980, TO BE MADE BY THE CITY CLERK OF THE CITY OF ARROYO GRANDE. On motion of Council Member qe~Leon~ seconded by Council Member Gallagher and on the following roll call vote, to wit: AYES: Council Members Pope, Gallagher, de Leon, Smith and Mayor Millis, NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 11th day of March, 1980. " \~;>~.' I ;; , i ...., ", -"~ I " n n n r n 309 CITY"'COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 11, 1980 PAGE 4 PUBLIC HEARING-RATE INCREASE BY FTVF. CTTTF.S TA.XI CYlMPANV-A.nOp'T' 'RF.~()T.TTTTnM Administrator Butch reviewed with Council a proposed resolution allowing a rate increase for the Five Cities Taxi Company and also reviewed a summary df the taxi cab fare study to give Council an overview of the rates charged in San Luis Obispo, Paso Robles and Santa Maria. The hearing having been'properly published and noticed"Mayor Millis declared it open for public comment. ELIZABETH JACK~ON, 208 Fairview, asked why the charge of .75~ per extra passenger? LOUISE REYNOLDS, owner of Five Cities Taxi Company, stated that in case of accident or injury, the more people in the taxi, the higher the possible liability and therefore the insurance was greater when more passengers were in the taxi. Mrs. Reynolds also stated that she felt her rates were still fair to regular local passengers and the bulk of the increases were for late night driving or out of area trips. MR. HADDOX, 587 Valley Road, asked if someone could use a taxi, rather than an ambulance if they so desired? Mrs. Reynolds replied that there was no specific policy against this so long as medical attention was not required because the drivers could not do that. There being no further closed. The Council discussed it as proposed. Administrator authorizing the rate increase. seconded by Councilman de Leon the balance of the resolution. public comment, ~myor Millis declared the hearing the resolution, being in general agreement with Butch then read the title of the resolution A motion was made by Councilman Gallagher, and unanimously carried to dispense with reading RESOLUTION NO. 1404 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE INCREASE OF RATES OF FIVE CITIES TAXI SERVICE AND YELLOW CAB CO. OF FIVE CITIES. On 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 Pope, Gallagher, de Leon, Smith and, Mayor Millis None None the foregoing Resolution was passed and adopted this 11th day of March, 1980. RF.r.OMMRNDATTON OF THF. PLANNING COMMISSION MEETING OF TUESDAY. MARCH 4. 1980 REZONING CASE NO. 80-136, Oak Park Acres Tract #604-City Attorney Shipsey explained to Council' that while this item was originally thought to be ready for setting of a Public Hearing by the Council, he had reviewed the item and felt it should be referred back to the Planning Commission to be re-noticed there. The reason for this is because of the interpretation of which property owners needed to be notified of. the;first Public Hearing by the Planning Com- mission. Shipsey felt that even those property owners in the' County or a surrounding City should' be notified. Council expressed concern that this process be done correctly and' after discussion the Mayor directed' the item be referred back to the Planning Commission to be re-noticed. -, --',: '-' ADOPT~RESO.-GARING-LOS BERROS ANNEXATION REQUEST-Administrator Butch reviewed the request of Robert S. Garing to annex to the City .989 acres lying Northerly of the Los Berros Creek. Butch advised that the annexation had been approved by the Planning Commission with the understanding that when zoning is applied to the property that the "R-2" zoning classification be considered. Butch also outlined the area on the map for Council and stated that the next step would be to adopt a resolution to indicate,.its desire to proceed with the annexation. Administrator Butch then read the title of a resolution author- izing application by the City to LAFCo relative to a proposal to annex the territory. A motion was made by Councilrnan.de Leon, seconded by Councilman Gallagher and unanimously carried to dispense with reading"the balance of this resolution. RESOLUTION NO. 1405 A RESOLUTION AUTHORIZING APPLICATION BY THE CITY OF ARROYO GRANDE TO THE SAN LUIS OBISPO COUNTY LOCAL AGENCY FORMATION COMMISSION RELATIVE TO A PROPOSAL TO ANNEX TERRITORY TO THE CITY OF ARROYO GRANDE. On motion of Council Member Gallagher, seconded by Council Member de Leon and on the following roll call voteJ to wit: 310 CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 11, 1980 PAGE 5 AYES: NOES: ABSENT: . Council Members Pope, Gallagher, de Leon, Smith and Mayor Millis None None the foregoing Resolution was passed and adopted this 11th day of March, 1980. REPORT ON RECENT.'SLO COUNTY AREA COUNCIL OF GOV'T. MEETING HELD ON MARCH 6. 19SQ Councilman Gallagher reported on a few points of the recent COG meeting including, that concern was expressed over the Capital Improvement Board of lJ Cal-Trans. The problem that came up was that Cal-Trans brought other projects on stream that were really not part of the recommendation by the COG. There was discussion of the propriety of such action. There was also discussion regarding the funding for bicycle paths and most of the area cities felt they were getting nothing more than road width changes and that funding was only U used for that purpose and not specifically for bicycle paths and walkways. So Cal-Trans agreed that the cities could request for the total money and Cal- Trans would allocate accordingly. LETTER OF REOUEST FROM RETAIL CLERKS INTERNATIONAL UNION LOCAL 899.RE. LOCAL ORDINANCE REOUIRING CONTImJED ITEM-PRICING IN SUPERMARKETS Administrator Butch reviewed the letter from Retail Clerks International Union Local 899 asking the Council to adopt an ordinance which would require continued item-pricing in supermarkets-previously mandated by state law which expired December 31, 1979. Discussion ensued, with Council in general agreement that such an item would have more impact if done on a state-wide basis. Council- man Pope also felt a canvass of what other cities were doing on this matter would be helpful. After discussion, a motion was made by Councilman Pope, seconded by Councilman Gallagher and unanimously carried directing staff to write the League of California Cities and appropriate legislators stating the C~ty of Arroyo Grande's support of item-pricing in supermarkets.and to canvass other CJ.tJ.€S. RF.PORT ON RF.CF.NT COUNTY WATF.R RESOURCES ADVISORY COMMITTEE MRETING OF MAR. 6. 1980 City Engineer Karp stated that Public Works Director Joe Anderson had attended the meeting and he felt there were no pertinent items to report to 0 Council at this time. jlUTHORIZATION FOR MAYOR AND CITY CLERK TO SIGN CERTIFICATES OF ACCEPTANCE FOR (;RANT DEEDS FROM BLANKENBURG. BROTHERS. ROY W. BURKE. BONNIE M. BURKE AND MSB PROPERTIES City Engineer Karp explained the. area in question on the map for Council and st~ted that these parcels are being acquired for the connection between Linda Drive and Bennett'that Council authorized last year as far ~s-a plan line. The only right of way left to acquire is the one belonging to the Cemetery District and City Attorney Shipsey is pursuing that. The people developing this property will be required to build a drainage pipe as deemed necessary in that area. After Council discussion, a motion was made by Councilman de Leon, seconded by Councilman Gallagher and unanimously carried authorizing the Mayor and City Clerk to accept the Grant Deeds from the Blankenburg Brothers, Roy W. Burke, Bonnie M. Burke and MSB Properties. APPROVAL PROGRESS PMT. NO.2. DRAINA(;E IMPROVEMENTS ON TALLY HO ROAD FROM, CANYON WAY TO JAMES WAY u~.. City Engineer Karp requested approval of progress payment No. 2 to Melcher Construction for $1,960.64 for the improvement project on Tally Ho Road. A motion was made by Councilman de Leon, seconded by Councilman Gallagher and unanimously carried approving progress payment. No. 2 to Melcher Construction in the amount of $1,960.64. PROGRESS REPORT ON THE SOUTH SLO COUNTY SANITATION DISTRICT Administrator Butch reported that corrective. work is being result of storm damage and the Contracotr is making good progress. inplant improvements, steel is being placed on the main building. done as a For the o ORAL COMMUNICATIONS J, RILEY, 277 Tally Ho Road, stated he felt Tally Ho was in terrible shape and even though construction work is being done, he felt the road should be in better condition. City Engineer Karp said he would speak to Cal-Trans about the problem because Cal-Trans is doing the inspection work on the project. MR. HADDOX, spoke saying he felt if the Garing-Los Berros annexation was approved that a road should be constructed all the way to Grande Highlands. Mayor Millis thanked Mr. Haddox for his concern and told him he would have a '1311 CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 11, 1980 PAGE 6 chance to voice his'opinion at the public hearings for the annexation. ADJOURNMENT On motion of unanimously carried, Councilman Gallagher, seconded by Councilman de Leon and <he ..,,>n, "jo"<"e~~~~ ATTEST: ~~~ DEPUTY CITY CLE . n ,~ ;n 1'\ I -_/