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Minutes 1980-08-12 I " " I n G I ,J I v I AUGUST 12, 1980 CITY COUNCIL ARROYO GRANDE, CALIFORNIA , with Mayor pope presiding. Upon roll The city couricil met in regular session . d L wrence 1 h Ka 1 A. Hogan, Mark M. Mill~s, an a.. call council Members B'Ann Smit, r , I' E. Vandeveer i~eported present. OF ALiEGIANCE AND INVOCATION PLEDGE Council Member Smith led the Pledge of Allegiance to.our Flag. Thereafter, Reverend Robert J. Banker of the Open Door Church ~n Oceano, delivered the invocation a I California, APPROVAL OF MINUTES .. . f Counc'l Member Vandeveer, seconded by Council Onlmot~on 0 ~ and unanimously voted, the minutes of July 22, 1980 were approved as I Member Smith prepared. APPROVAL OF WARRANTS On'motion of Council Member Smith, seconded by Council Memb~r Vandeveer, and unanimou~ly carried, Demand Warrants No. 13378 through No. 13453 ~n the amount of $66,470.18; and Payroll Warrants. No. 17667 through No. 17874 in the amount of $154,425.98.were approved and ordered paid. APPROVAL OF 'CONSENT AGENDA ITEMS Upon motion of Council Member Vandeveer, seconded by Council Member Smith and unanimously carried, the following Consent Agenda Items were approved as recommended) A-l. Receipt of Unofficial ,Federal. Bureau of Census Figures for the City of Arroyo Grande, 1980 -.10,994, State Estimate was 10,950. RECOMMEND RECEIVE,AND FILE. I . i A-2. Receipt of Management,Summary Reports on Liability Experience and Workers' Compensation for the Month of June, 1980. RECOMMEND RECEIVE AND FILE. A-3. Notice of Reception Honoring Barbara W. Carlson on Saturday, August 23, 1980, from 2:00 P;M. to 5:00 P.M. at Madonna Inn. RECOMMENDATION LET US KNOW,WHO PLANS II ON ATTENDING. A-4. Receipt of Recent Human Relations Commission's Minutes, of South SLO of June 11,1,1980. RECOMMEND RECEIVE AND FILE. i A-5. Request Arroyo Grande Harvest Festival Committee to September 27, 1980, from 9:30 A.M. to l2:noon".'c'c'RECOMMEND WITH POLICEIAND.PUBLIC WORKS DEPARTMENTS AND CAL TRANS. County:, i I , Hold A-nual Parade on ,I APPROVAL SUBJECT REVIEW:I , i , , A-6. Receipt of State Senate Concurrent Resolution, No. 68 Re. Request the People,i of California to Celebrate October 7, 1980 as National Guard Day. RECOMMEND RECEfVE AND FILE. A-7. Receipt of Annual Report on Animal Regulation from the County of San Luis Obispo. RECOMMEND RECEIVE AND FILE. ; I A-8. Receipt of Latest League of California Cities' Legislative Bulletin and .; Others. RECOMMEND RECEIVE AND FILE. ITEMS WITHDRAWN FROM AGENDA - C-3, C-12, D-l, D-4(c) , D-4(d) , and D-5. ORDINANCE SECOND READING - REZONING CASE NO. 79-130, ZONE CHANGE FROM "A" AGRICULTURAL DISTRICT TO "P-D" PLANNED DEVELOPMENT DISTRICT (KNOLLWOOD DEVELOPMENT) C<;:mncil Member Millis questioned the vote on ,this item at the last :i meeting saying that a zone change may not be~voted upon more than oncecin one year. City Attorn~y Shipsey stated his opinion is that since there was a split vote at the last me~ting, the ordinance was neither approved or denied and therefore no action was taken. Council Member Millis stated he will vote no-because it is a poor ordinance and poor planning. Council Member Vandeveer said he is in favor i of the ordinance because the area is in the city limits and needs to be developed:~ . :! -,)TO CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 12, 1980 PAGE TWO '" " 0. ~ '< o " '<J o Administratove ~ Upon motion of,Council Me~er Vande~eer, seconded'by Council Member Ho an it was voted unan1mously to d1spense w1th reading the balance of this ordina~ce. ORDINANCE NO. 221 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 . 3 02~:OF TITLE 9, CHAPTER 4, OF THE MUNICIPAL CODE SO AS TO REZONE CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE Hogan, On motion of Council Member Vandeveer, seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Hogan.and Vandeveer, and Mayor Pope Council Members Smith and Millis None the foregoing Ordinance was passed and adopted this 12th day of August, 1980. OPENING OF BRIGHTON AVENUE BETWEEN FAIRVIEW DRIVE AND COURTLAND STREET TO THROUGH TRAFFIC Administrator Butch explained that, at Council's, request, Planning Director Castro has prepared a revised Negative Declaration and recommends the opening of the streets. 'Mr. Butch stated Staff is requesting approval or disapproval of the revised Negative Declaration. Upon motion by Council Member Vandeveer, seconded by Council Member Hogan, the motion was passed to approve the Negative Declaration. A roll 'call vote was ,taken.'-*See below. After further discussion and upon motion by Council Member Vandeveer, seconded by Council Member Hogan, the motion was passed to remove the barriers and th~o~gh traffi~ to be provided for safety reasons. ,A rOI~~c?11_yote-was'taken. ,**' Be'e'-below. ' PUBLIC HEARING - a} 1979 b} 1979 c} 1979 d) 1979 e} 1979 f} 1979 g) 1979 h} 1979 Code SECOND READING ON PROPOSED ADOPTION OF VARIOUS'BUILDING CODES Uniform Housing Code Uniform Plumbing Code Uniform Mechanical Code Uniform Code for the Abatement Uniform Sign Code Uniform Building Code Uniform Swimming Pool Code Uniform National Electrical Code with 1979 Uniform of Dangerous Buildings The hearing having been properly noticed and published, Mayor Pope declared it open for public comment. There being none, the, hearing was closed. Upon motion of Council Member Smith, seconded by Council Member Vandeveer, it was voted unanimously to dispense with reading the balance of the ordinance for the Housing Code. ORDINANCE NO. 222 C.S. ORDINANCE OF THE CITY OF ARROYO GRANDE TO AMEND CHAPTER 4 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE TO ADOPT BY REFERENCE THE 1979 UNIFORM HOUSING CODE, REPEAL OF ALL CONFLICTING ORDINANCES o~ motiqn of Council Member Smith, seconded by Council Member Vandeveer, and on the following roll call vote, to wit: . AYES: NOES: ABSENT: Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope None None the foregoing Ordinance was passed and adopted this 12th day of August, 1980. * * AYES: NOES: ABSENT: Council Members Hogan, Vandeveer, and Mayor Pope Council Members Millis and Smith None 0 [;; * <nZ 1< t'lO Zt'l t'l >-3<n <n Z 00 0 00, " C C ro " " o 0 ....1-'. ........ :;:::;: ~~ ro ro " " rn rn :;::0:: ,... 0 ....<0 ....'" ,... " rn - '" <: " '" 0." 0. <nro 9 <1 ,... ro rtro "''' - u I I, I , , " n n \ I -- '-,:n-f CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 12, 1980 PAGE THREE U on motion of Council Member Smith, seconded by Council Member Vande~eer, it p 1 to d'spense w'th reading the balance of the ordlnance for was voted uncinimous Y..L. ...... the Plumbing Code. ORDINANCE NO. 223 C.S. 1 ORDINANCE. OF THE CITY OF ARROYO GRANDE TO AMEND CHAPTER 5 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE TO ADOPT BY REFERENCE THE 1979 UNIFORM PLUMBING CODE INCLUDING AMENDMENTS THERETO CONCERNING STOP ORDERS, FEES, AND WATER HEATERS, REPEAL OF ALL CONFLICTING ORDINANCES On, motion of Council Member Smith, seconded by Council Member Vandeveer, and on the following roll call vote, to wit: , AYES: , NOES: ABSENT: Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope None None the foregoing Ordinance was passed and adopted this 12th day of August, 1980. Upon motion ~~f Council Member Smith, seconded by Council Member Vandeveer, it was voted unanimously to dispense with reading the balance of the ordinance for the Mechanical Code. ORDINANCE NO. 224 C.S. I, 'AN'ORDINANCE OF -THE CITY OF ARROYO GRANDE AMENDING CHAPTER "10 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE TO ADOPT !BY REFERENCE THE 1979 UNIFORM MECHANICAL CODE INCLUDING ,AMENDMENTS THERETO CONCERNING ENERGY CONNECTIONS; REPEAL "OF ALL CONFLICTING ORDINANCES On motion of Council Member Smith, seconded by Council Member Vandeveer; and on the following roll call vote, to wit: AYES: NOES: ABSENT: I Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope None None the foregoing Ordinance was passed and adopted this 12th day of August, 1980. Upon motion'of Council Member Vandeveer, seconded by Council Member SmiVth, it was voted u~animously to dispense with reading of the balance of the ordinance for the Abatement of Dangerous Buildings. ORDINANCE NO. 225 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 12 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE TO ADOPT BY REFERENCE TO THE 1979 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; REPEAL OF ALL CONFLICTING ORDINANCES On motion of Council Member Vandeveer, seconded by Council Member Smith', and:::'on the following roll call vote, to .wit: AYES: NOES: ABSENT: Council Members Smith, Hogan, Millis, Vandeveer,. and Mayor Pope None None the foregoi~g ordinance was passed and adopted this 12th day of August, 1980. _J ., -;)TO CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 12, 1980 PAGE FOUR Upon, motion of Council Member Smith, seconded by Council Member V~ndeveer, it was voted unan1.,'mously to dispense w1.th read1.n f th b 1 f h for . . g 0, e a ance 0 t e ordina~ce the Sign Code. ORDINANCE NO. 226 C.S. ORDINANCE OF THE CITY OF ARROYO GRANDE TO AMEND CHAPTER 9 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE TO ADOPT BY REFERENCE THE 1979 UNIFORM SIGN CODE INCLUDING AMENDMENTS THERETO CONCERNING PERMITS, APPLICATIONS, EXEMPTIONS, FEES; REPEAL OF ALL CONFLICTING ORDINANCES D and on On motion of Council Member S~ithJ seconded by Council Member Vandeveer, the following roll call vote, to wit: AYES: NOES: ABSENT: Council Me~ers Smith, Hoga~, Millis, Va~deveerJ~arid Mayor Pope None None the foregoing Ordinance was passed and adopted this 12th day of August, 1980. Upon motion of Council Member Vandeveer, seconded by Council Member Smith, it was voted unanimously to dispense with reading ofothe balance of the ordinance for the Building Code. ORDINANCE NO, 227 C.S. ORDINANCE OF THE CITY OF ARROYO GRANDE TO AMEND CHAPTER 1 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE, TO ADOPT BY REFERENCE THE 1979 UNIFORM BUILDING CODE, INCLUDING AMENDMENTS THERETO CONCERNING STOP ORDERS, CORRECTION, AND EXCEPTTONS, AND THE REPEAL OF ALL CONFLICTING ORDINANCES On motion of Council Member Vandeveer, seconded by Council Member Smith, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope None None the foregoing Ordinance was passed and adopted this 12th day of August, 1980. Upon motion of Council Member Smith, seconded by Council Member Vandeveer, it was voted unanimously to dispense with reading the balance of the.ordinance for the'Swimming Pool Code. ORDINANCE NO. 228 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE TO AMEND CHAPTER 13 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE TO ADOPT BY REFERENCE THE 1979 UNIFORM SWIMMING POOL CODE INCLUDING AMENDMENTS THERETO CONCERNING ADMINISTRATIVE AUTHORITY, STOP ORDERS, AND PENALTIES; ,. REPEAL OF ALL CONFLICTING ORDINANCES D On motion of Council Member Vandeveer, seconded. by Co~ncil Member Smith, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope None None the foregoing Ordinance was passed and adopted this 12th day of August, 1980. T~r'--...J I , I __............-____ l:-~ I , I I. , I, ~ J CITY COUNCIL : ARROYO GRANDE, CALIFORNIA AUGUST 12, 1980 PAGE FIVE d d b Counc11 Member Smith, it Upon motion of Council Member vande:eer, se~on e Y . was voted unanimously to dispense w1th read1ng the balance of the ordinance for the National!Electrical Code. ii ! ORDINANCE NO. 229 C.S. ORDINANCE AMENDING CHAPTERc3 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE BY ADOPTING BY REFERENCE THE .NATIONAL ELECTRICAL CODE, 1978 EDITION, AND THE UNIFORM ADMINISTRATIVE CODE 1979 EDITION, INCLUDING AMENDMENTS !CONCERNING LIGHT OUTLETS, SERVICE ENTRANCE CONDUITS, , SERVICE DISCONNECTING MEANS, ELECTRODE GROUNDING, OPEN 'WIRING ON INSULATORS, CONCEALED KNOB AND TUBE.WIRING. NON-METALLIC SHEATHED CABLE, U.F. CABLE, CEILING AND WALL MOUNTED FIXTURES, DELETING SECTIONS 338, 339-3(6), 'AND REPEAL OF ALL CONFLICTING ORDINANCES On motion of Council Member Smith, seconded by Council Member Vandeveer,' and on the following roll call vote, to wit: I AYES: NOES: ABSENT: Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope None None the foregoing Ordinance was passed and adopted this 12th day of August, 1980. I' , . . ORDINANCE SECOND READING - DEMOLITION PERMITS 'Planning Director Castro explained that the provision in this proposed ordinance-t6 require a bOnd for demolition permits is a' requirement of the state Contractor's License Board. After discussion, and- upon motion by Council Member Vandeveer, seconded by Council Member Hogan, it was voted unanimously to table consideration, of this'item for ,further study. PROGRESS REPORTS - CITY PROJECTS F~RE STATION - Administrator Butch explained that the plans for the new fire st~tion have been completed by the architect and are now ready to go out for bid. Mr. Vic Montgomery of Richmond, Rossi, and Montgomery, architects for the project, displayed blueprints and answered questions of the councilmembers. Mr. Butch stated Council approval to advertise for bid is required. Upon motion of Council Member Vandeveer, seconded by Council Member Hogan, it was voted I unanimously ,to authorize. staff to call. for bid on the fire station. REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION MEETING OF AUGUST 5. .1980 The report was received. ARROYO GRANDE CHAMBER OF COMMERCE VILLAGE COMMITTEE REQUEST RE: FARMERS MARKET Mr. Keith Hamilton, 828 Bambi'Court, spoke on behalf of the committee requesting feconsideration of holding the Farmers Market in the Gazebo area in I' the village~' Administrator Butch explained that Parks and Recreation Commissionei-s were concerried with items such as traffic congestion, competition with local :1 businesses, ',etc. After discussion, it was the consensus of the Council that this! request should be considered. Upon motion of Council Member Vandeveer, seconded by Council Member Hogan, it was voted unanimously to,refer this matter to the Parks and Recreation Commission. REQUEST FROM SAN LUIS OBISPO COUNTY SYMPHONY ASSOCIATION RE: RECONSIDER REQUEST FOR FUNDS FOR THE 1980-81 SEASON Administrator Butch -explained that the Association is requesting that Council reconsider their previous decision to not fund civic,~6rganizqti6ns-.-_:_' J!1 Hazel Jones, of the Symphony Association, spoke explaining the' functions,;of the Association. There was no motion made and therefore no action was taken on this matrer. . " -,J-O-lJ CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 12, 1980 PAGE SIX 'GARING-LOS BE~?S ANNEXATION TO CITY OF ARROYO GRANDE - APPROVED BY LAFCO Admlnlstrator Butch explained that this annexation was approved by LAFCO and it is not requested that Council adopt a resolution accepting the annex~~ion and refer it to the Planning Commission for zoning. Upon motion of coun~L... Member V~ndeveer, seconded by Council Member Hogan, it was voted unanlmously to dlspense with reading the balance of this resolution. RESOLUTION NO. 1424 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ANNEXING THE GARING-LOS BERROS ANNEXATION TO THE CITY OF ARROYO GRANDE u Hogan, On motion of Council Member Vandeveer, seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Hogan, Millis, Vandeveer, and Mayor Pope Council Member Smith None the foregoing resolution was passed and adopted this 12th day of ' August, 1980. REQUEST FROM SAN LUIS TRANSPORTATION, INC. RE: FILING AN APPLICATION FOR CERTIFICATION OF PUBLIC CONVENIENCE AND NECESSITY TO ESTABLISH AND OPERATE A PASSENGER STAGE BETWEEN ARROYO GRANDE, PISMO BEACH, GROVER CITY AND SAN LUIS OBISPO Administrator Butch recommended this matter be referred to South County Area Transit for their recommendation. Mr. William Schultz, San Luis Transportation, Inc. stated the 'program is aimed at transportation for commuters and will possibly provide two trips per day. It was the consensus of the Council that this request be referred to SCAT for their recommendation. REQUEST FROM CITY OF SAN LUIS OBISPO RE: JOINING PROPOSEDoCABLE'T;V';':'RATE,STUDY _ ',Administrator Butch recommended that he be directed to investigate what is intended regarding the study and what it would contain. Upon motion of Council Member Smith, seconded by Mayor Pope, the:motion was passed to direct Mr. Butch to gather further information, such as what the study will entail, the cost, etc., and return to Council. Council Member Vandeveer dissented. MARIE CATTOIR, 195 Oregon Lane, and SIEGFRIED BADEN, 1385 Brighton, spoke to the question. INFORMATION FROM LAFCO RE: REZONING'OF LONNIE WELLS' ANNEXATION Administrator Butch explained that LAFCB has approved a request for extension of time within which Mr. wells' annexation may be considered by the City of Arroyo Grande. Council approval or denial is requested. D.G. PORTER, Coastal San Luis Resource Conservation District, spoke in opposition to the annexation. ELLA HONEYCUTT, 5660 Oakhill Road, also spoke in opposition. JEAN DRUMMOND, LONNIE WELLS, MARIE CATTOIR, CHRISTINE PHILLIPS, 'ana STEVEN COOL, attorney for Mr. Wells, spoke to the question. Upon motion of Council Member Vandeveer, seconded by Mayor Pope, the motion was passed to refer the annexation to the'PI~~~~n~ Commission for zoning consideration. *see--below~~ :--' _ :-:-~~ ~:::--~.- -, ~O; .,_~ _ . _... -~ u ONGOING CAPITAL PROJECTS FOR 1979-80 AND 1980-81 FISCAL YEARS - STATUS REPORT Administrator Butch gave an update of City projects which have been completed and those which are still in progress. FINAL ACCEPTANCE OF IMPROVEMENTS FOR TRACT NO. 686, (PRATHER) BRIGHTON AVENUE Administrator Butch stated improvements for Tract-No~ 686 are completed and final acceptance is requested. Upon'motion of Council Member'Vandeveer, seconded by~Council Member Hogan, it was voted unanimously to approve final acceptance for Tract No. 686. "*Council Member Millis referred to Mrs. Carlson's letter to Mr. Wells wherein she stated "If rezoning is approved, the annexation itself can only be denied by Council on the basis of the amount of registered voter or landowner opposition from within the annexing territory itself." Mr. Millis pointed out that since the one landowner is the proponent, affirmative action by the City Council on the rezoning could be considered approval of the annexation. A roll call vote was taken: AYES: Council Members Hogan, Vandeveer, and Mayor Pope. NOES: Council Members Smith and Millis. ABSENT: None. :, Ii , I n in pi " ~- ~. ,:'-0-.1 CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 12, 1980 PAGE SEVEN RECEIPT OF REVISED 1980-81 HANDICAPPED TRANSIT BUDGET FROM THE COUNTY OF SAN LUIS OBISPO') Council Member Vandeveer recommended Council take no action at this time. Upon ~otion by councii Member Vandeveer, seconded by Council Member Hogan, it was voted I unanimously to table this matter, VEHICLE STORAGE BUILDING - PROGRESS PAYMENT NO.1, BUNNELL City Engineer Karp recommended that Council accept this,project as complete and",authorize staff'to issue Progress Payment No. 1 in, the amount of $24,516.00 immediately and to release the retention 35 days after the date of filing of th~ Notice' of Completion. The amount of retention will be $2,724.00. Upon motion of Council Member Vandeveer, seconded by Council Member Millis, it was voted unanimously to approve the progress payment no. 1 in the amount of $24,516.00. JUNIPER STORM DRAIN ~ APPROVE' PROGRESS PAYMENT NO.1, BURKE City Engineer Karp stated Staff is requesting'approval of progress payment no. ]'1 in the amount.of $30,866.00. Upon motion of Council Member Hogan, seconded by Council Member Millis, it was voted unanimously to approve progress payment no 1 in the amount of $30,866,00 for,the Juniper Storm Drain to R. Burke Construction. . WRITTEN COMMUNICATIONS - City Engineer Karp reported a letter was received from Pacific Gas and Electric Co. regarding service for Canyon Way. It was Council's dec:j.sion to ,regard this as a regular agenda item. Upon motion of Council Member Millis, seconded by Council Member Hogan, it was voted unanimously to approve the amount of $2,377,49 for pole locations for Canyon'Way Assessment District. " A letter wa~ received from Mrs. ,Holly, Ziegler requesting a s~gn on Miller Way to the effect "Caution, ,Children Playing". Upon motion by Council Member Millis, seconded bY"Council Member Vandeveer, it was voted unanimously, to refer this matter to the Parking and Traffic Commission. . ORAL COMMUNICATIONS -,Council Member Hogan requested information regarding the previously requested bench at Elm and Farroll, City E~gineer Karp will check to see if the bench has been ordered. ADJOURNMENT'- Upon. motion of Council Member Vandeveer, ,seconded by Hogan, it was voted to adjourn to Executive Session at 10:35 P.M. of Cou~cil ~emb~r Smith, se~onded by Council Member Vandeyee~, it to adjourn ~o the next regular meeting at 10:55 P.M. Council Member Upon motion was voted ATTEST: (l~~~ ,