Minutes 1980-08-26
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CITY COUNCIL_
ARROYO GRANDE, CALIFORNIA
AUGUST, 26, 1980
The City Council met in regular session with Mayor Pope presiding. ' Upon roll :c
call, Council Members B'Ann Smith, Karl A. Hogan, Mark M. Millis, and Lawrence
E. Vandeveer reported present.
PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Smith led the Pledge of Allegiance to our Flag.
Thereafter, Reverend Duane Kirchner of the Peace Lutheran Church in Arroyo
Grande, California, delivered the invocation.
APPROVAL OF MINUTES
On motion of Council Member Vandeveer, seconded by Council Member
Millis, and unanimously voted, the minutes of August 12, 1980 were approved 0
as amended. The amendments were to note the roll call vote regarding the Brighton
Avenue matter, and Mr. Millis' reference to Mrs. Carlson's letter regarding the
APPROVAL OF WARRANTS Lonnie Wells' annexation.
On motion of Council Member Millis, seconded by Council Member Hogan,
and unanimously carried, Demand Warrants #POOl through #P021 and #13454 through
#13512 in the amount of $277,775.33 and Payroll Warrants #17875 through #17971
in the amount of $61,580.95.were approved and ordered paid.
PRESENTATION OF CERTIFICATE OF APPRECIATION TO COUNCIL MEMBER GABE DE LEON
Mayor Pope requested Administrator Butch present the certificate.
Mr. Butch thanked Mr. De Leon for his service to the City in the past years,
both as Mayor and Council Member, and stated he has enjoyed working with
him. Mr. De Leon thanked the Council and Mr. Butch for the certificate.
APPROVAL OF CONSENT AGENDA ITEMS
Mayor Pope requested that Council consider deletion of A-9 (Authorize
Amendment to Cross Connection Agreement with County - Increase Charge from
$10 per hour to $16) for further study. -After discussion, it was the consensus
of the Council to direct Staff to return with further information regarding
hourly fees versus per-hookup fee. Upon motion of Council Member Millis,
seconded by Council Member Vandeveer, it was voted unanimously to approve the
Consent Agenda Items with the exception of A-9.
A-I. Receipt of Status-Reports - Central Coast Cities' Joint Powers Agreement.
a) Status Report for First Six Months Operation Through 6-30-80.
b) Three Year Report on Workers' Compensation.
c) Preliminary Financial Statements for 1979-80 - All Funds.
d) Liability Insurance Pool - 7/78 to 7/80.
e) Minutes of Recent June 4, 1980 Board Meeting of JPA.
f) Receipt of July Management Report on Workers' Compensation and Liability.
(RECOMMEND RECEIVE,AND FILE ALL REPORTS).
A-2. Notice of Pac~fic Telephone Rate Increase Application.
AND FILE).
(RECOMMEND RECEIVE
A-3. Letter of Appreciation from R.T.,.Erockway, Re. Sgt. Ed Allen's Diligence
and Dedicated":Service in Saving Mr.. Brockway's Home from Being Destroyed.
(RECOMMEND RECEIVE AND COMMEND SGT. ALLEN).
A-4. Receipt of Recent League of California Cities' Legislative Bulletin and
Others. (RECOMMEND RECEIVE AND FILE).
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A-5.. Letter of Request from Arroyo Grande Chamber of Commerce Village Committee,
Re. Request permission for a Sidewalk Sale, August 30, 1980, from 10:00 A.M.
to 6:00 P.M. (RECOMMEND PERMISSION BE GRANTED WITH NOTIFICATION TO POLICE AND
PUBLIC WORKS DEPARTMENTS).
A-6. Letter of Request that the Mayor proclaim the Month of October as "Child
Passenger Safety Month", by the Women's Auxiliary to the San Luis Obispo County
Medical Society. (RECOMMEND MAYOR PROCLAIM).
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CITY COUNCIL ~
ARROYO GRANDE, CALIFORNIA
AUGUST 26, 1980
PAGE TWO
A-7. Resolution from the City of Sacramento, Re. Not to parti~ipate
Congress of ~ities' Meeting in Atlanta, Georgia, Because Georgla has,
the ERA. (RECOMMENDATION:' CITY IS NOT A MEMBER OF THE 1980 CONGRESS
in 1980
not Ratified
OF CITIES) .
A-8. Receipt of Minutes, July 9, 1980 Meeting of Human Relations Commission of
So. San' Luis I. Obispo County. (RECOMMEND RECEIVE AND FILE) .
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A-IO. Receipt of Amended Joint Powers Agreement Incorporat~ng the Most' Recent
Amendments. (RECOMMEND RECEIVE AND FILE). (COG) .
PROGRESS REPORTS - VARIOUS CITY PROJECTS
COMMUNITY BUILDING, - Administrator Butch stated that the third'progress
payment' is n~w due on the Community Building and he recommends' approval in the
amount of $16,627.53. Upon motion of Council Member Millis, seconded by Council
Member Vandeveer, it was voted unanimously to approve payment #3 for the Communit~
Building in 'the amount of $16,627.53.
SECOND READING - 1979 UNIFORM FIRE CODE ORDINANCE
Administrator Butch explained that questions had been raised regarding
the require~ent of diesel tanks. Fire Chief Marsalek stated that the Code allows ,I
tanks of di~sel fuel to be located above ground if placed on concrete with an I
electric pump rather than' a.gravity flow pump. This requirement is in' effect
only within1the city limits. Upon motion of Council Member Vandeveer, seconded
by Council Member Hogan, it was voted unanimously to dispense with further
reading of the ordinance.
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ORDINANCE NO. 230 C.S.
AN ORDINANCE OF THE 'CITY OF ARROYO GRANDE AMENDING'CHAPTER 2
OF TITLE 4 OF THE ARROYO GRANDE MUNICIPAL CODE BY ADOPTING
BY REFERENCE THE UNIFORM FIRE CODE, 1979 EDITION, WITH
APPENDICES A, B, C, D, E, G,'H, I, AND J, INCLUDING AMENDMENTS
THERETO CONCERNING" OBSTRUCTION' OF FIRE PROTECTION EQUIPMENT,
HOURS OF BURNING, PERMITS FOR MANUFACTURING, SALES AND'
DISCHARGE OF FIREWORKS, AND REMOVAL OF SALES STAND AFTER
LAST DAY OF SALE; REPEAL OF ALL CONFLICTING ORDINANCES
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On motion of Council Member Vandeveer; seconded by Council Member
Smith, and 9n the following'roll call vote, to wit:
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AYES:
NOES:
ABSENT:
Council Members Smith., Hogan, Millis J' Vandeveer, and Mayor Pope
None
None
the foregoing Ordinance was passed and adopted this 26th day of August, 1980.
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PUBLIC HEARING - AMENDMENT TO SUBDIVISION ORDINANCE,'SECTIOif9-3.503(b). TO PERMIT
USE OF OPTIONAL DESIGN STANDARDS FOR CONDOMINIUM PROJECTS "
The hearing having been properly noticed and published, Mayor Pope
declared it,:open for public comment. There being none, the hearing was closed.
Council Member Hogan suggested that incentive be given to developers by allowing
additional units for single bedroom units. Council Members Millis and Vandeveer
stated that::by lowering the'square feet requirement of condominium units, this
incentive would be provided.. since more units could be built. ,After discussion
and upon mo~ion of Council Member Smith, seconded by Council Member Vandeveer,'
it was voted unanimously to, dispense with further'reading of the balance of the
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ordlnance ap.d to amend the ;requirement to read lithe Commission' may authorize ~,~- -:', ,;c:
reduction i~ the'minimum floor area of not less than 600 square feet, but with no:
increase in! density in the overall development."
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 26, 1980
PAGE THREE
PUBLIC HEARING - AMENDMENTS TO ZONING ORDINANCE
1) Section 9-4.713(a) , Pertaining to Densities in the R-2 Duplex
Residential District '
2) Section 9-4.813(a), Pertaining to Densities in the R-G Garden
Apartment District
3) Section 9-4.913 (a) , Pertaining to Densities in the R-3 Multiple
Family District
The hearing having been properly noticed and published, Mayor Pope
declared it open for public comment. There being none, the hearing was closed.
Administrator Butch explained that these changes will be considered under
one ordinance. The reason for these amendments is to bring into conformity U
the density requirements as specified by the City's General Land Use Plan
and zoning text. After discussion and upon'motion of Council Member Vandeveer,
seconded by Council Member Smith, it was voted unanimously to dispense with
reading the balance of the ordinance.
REPORT AND RECOMMENDATION OF THE PLANNING COMMISSION MEETING OF TUESDAY, ' ',';"
AUGUST 14, 1980
The report was received.
REPORT AND RECOMMENDATION OF THE PARKING AND TRAFFIC COMMISSION MEETING' OF
AUGUST 14, 1980
Mayor Pope stated he disagreed with the Commission's recommendation
that a 'Caution, Children Playing' sign on Miller Way would encourage children
to play in the street. It was the consensus of the Council that some sort of
sign to that effect should be posted. The Council requested City Engineer Karp
to check into the types of signs available.
PROPOSED ORDINANCE CHANGE TO INCREASE MEMBERSHIP ON PARKING AND TRAFFIC
COMMISSION FROM FIVE TO SEVEN MEMBERS
Administrator Butch stated that this ordinance was brought to Council
at their request. It was the consensus of the Council that membership should
be changed to seven members and that since this is becoming one of the City's
most important commissions, the meetings should be held at 7:30 P.M. so that
more public input may be received. Staff was directed to return to Council
with amendments to the ordinance concerning vacancies and the time and place
of the meetings.
REQUEST OF PARKING AND BUSINESS IMPROVEMENT ADVISORY BOARD FOR A JOINT MEETING
WITH THE CITY COUNCIL
Administrator Butch explained that the Board has made their last
payment on the property for parking and wish to meet with Council as to the
next proceedure. He recommended the meeting be set for September 29, 1980 at
7:30 P.M. All Council Members concurred.
REPORT ON RECENT PUBLIC HEARING BY LAFCO ON EL CAMINO, REAL ANNEXATION NO.1
TO CITY OF ARROYO GRANDE
a) Resolution of Intention to Hold Public Hearing on the
Annexation, September 23, 1980 at 8:,00 ,P.M..
Administrator Butch stated that the first step in the annexation
for this property is to adopt a resolution providing for a public hearing.
If written protests are received from 50% or more of the registered voters
within the area proceedings will be terminated. If, a) 25% or more'of the
registered voters within the territory; or b) 25% or more of the number of
landowners who also own not less than 25% of the total assessed value of land
within the territory agree,~the~territory is ordered annexed. ,Or, lastly,
the Council may order the territory annexed without an election if written
protests are received representing less than 25%'of the registered voters.
and less than 25% of the owners of iand who own less than 25% of the total
assessed value of land within the territory. Upon motion of Council Member
Smith, seconded by Council Member Vandeveer, it was voted unanimously to
dispense with reading of the balance of the resolution.
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CITY COUNCIL
ARROYO GRANDE,' CALIFORNIA
AUGUST 26, 1980
PAGE FOUR
RESOLUTION NO. 1425
RESOLUTION OF ,THE. CITY' OF ARROYO GRANDE OF INTENTION
TO ANNEX TERRITORY DESIGNATED AS EL CAMINO REAL NO.1'
TO' THE CITY OF ARROYO GRANDE AND SETTING' DATE OF HEARING
Millis,
On'motion of Council Member Vandeveer, seconded by Council Member
and on the following roll call vote, to wit:
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AYES:
NOES:
ABSENT:
Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope
None
None
the foregoin~ Resolution is passed and' adopted this 26th day of August, 1980.
b), Resolution Accepting, Negotiated Exchange of Property Tax
Revenue Base from the City of Arroyo Grande' to the County:'_
, of San Luis Obispo (Filer and Sternbergh).'
Administrator Butch explained that this-resolution is required in
conjunction ~ith the annexation resolution and is for tax purposes~ Upon
motion of Council Member Millis, seconded by Council Member Vandeveer, it~
was voted' unanimously to dispense with reading of the balance of the resolution
for the Filer Annexation (Tract 652).
RESOLUTIOW,NO'. 1426
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ACCEPTING'NEGOTIATEDEXCHANGE OF
'I: PROPERTY TAX REVENUE BASE FROM THE CITY OF ARROYO
GRANDE TO THE COUNTY OF SAN LUIS OBISPO ,
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On motion of Council Member Smith, seconded by Council Member
Vandeveer, and on the following roll call vote, to wit:
A,\ES:
NOES:
ABSENT:
Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope
None
None
the foregoing Resolution was passed and adopted this 26th day of August, 1980.
Upon motion 1, of Council Member Smith, seconded by Councicl Member Vandeveer, it
was voted unanimously to dispense with reading of the balance of the resolution.'
for Sternbe~gh Annexation (Chilton Street).
RESOLUTION NO. 1427
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX
REVENUE BASE FROM THE CITY OF ARROYO GRANDE TO THE
COUNTY OF SAN LUIS OBISPO
On motion of Council Member Smith, seconded by Council Member Vandeveer",
and on theCfollowing roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Smith, Hogan, Millis,.Vandeveer, and Mayor Pope
None
None
the foregoing Resolution was passed and adopted this 26th day of August, 1980.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 26, 1980
PAGE FIVE
DISCUSSION OF ORDINANCE TO REGULATE BICYCLES ON SIDEWALKS IN THE DOWNTOWN
VILLAGE AREA
Administrator Butch stated that this ordinance to prohibit bicycles
on sidewalks in the downtown village area_is for safety purposes and the
second reading will be at the next meeting. Upon motion of Council Member
Smith, seconded by Council Member Vandeveer, it was voted unanimously to
dispense with reading the balance of the ordinance.
RECEIPT OF BIDS ON ONE-TON WATER TRUCK FOR PARKS DEPARTMENT (BUDGETED ITEM)
Administrator Butch explained that bids were received from Paul
Reynolds Ford and Christianson Chevrolet. The Parks Department recommends
that the low bid from Christianson Chevrolet be accepted in the amount of
$8,944.28 for the 1981 model one-ton truck. Upon motion by Council Member
Millis, seconded by Council Member Vandeveer, it was voted unanimously to
accept the bid by Christianson- Chevrolet in the amount- of $8,944.28, with
either the 350 or 454 engine, as decided by staff.
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REQUEST FROM ERVIN ENGINEERING, RE: ANNEXATION TO THE CITY, 15 ACRES ADJACENT
TO GOLDEN WEST AND SUNRISE TERRACE
Administrator Butch read a letter from Ervin Engineering requesting
the annexation on behalf of the property owners. The subject properties are
assessor's parcel numbers 75-021-18 and 32, and 75~02l-07 and 29. Council
Member Millis expressed concern regarding available resources, particularly
water. Council Member Smith stated she sees no benefit in this annexation.
Council Member Vandeveer stated this request should go to the Planning Commission
for consideration. Council Member Millis moved to deny the request and was
seconded by Council Member Smith. Council Member Millis- stated that the
City should not annex more land as it is doubtful there is enough water for
undeveloped property already within the City.- Mayor Pope said-he is-not for
or against this request because there are facts that need to be studied and
staff should return to Council with a comprehensive study. Airoll call vote
was taken.
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AYES: Council Members Smith and Millis
NOES: Council Members Hogan and Vandeveer, and Mayor Pope
ABSENT: None
Council Member Vandeveer said this annexation requires some study and moved to
refer this request to the Planning Commission for their evaluation. The motion
was seconded by Council Member Hogan. Counoil Member Millis stated a cost/
benefit study should be done on this property to ascertain benefit to the City
and cost as far as street maintenance, etc. A roll call vote was taken.
AYES: Council Members Hogan, Vandeveer, and Mayor Pope
NOES: Council Members Smith and Millis
ABSENT: None
Mayor Pope directed staff to prepare a report on the costs and benefits of
this annexation request.
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FINAL ACCEPTANCE OF IMPROVEMENTS FOR TRACT NO. 671 AND 77 5, TAYLOR PLACE
(WALKER AND MILLER) _
City Engineer Karp explained that the developer is asking for a
conditional approval as there are several items left to be completed. There
remains some work on the lift station and a drainage easement yet to be granted.
He recommended approval based on these conditions. Upon motion of Council
Member Vandeveer, seconded by Council Member Hogan, it was voted unanimously to
accept Tracts 671 and 775 subject to the conditions of the City Engineer and
that no building permits will be issued until these conditions are met.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 26, 1980
PAGE SIX
APPROVE PARCEL MAP (LOT LINE ADJUSTMENT), CASE NO. 80-328, AG, 80-14, (GRANT, ETAL) 'i
PLATINO LANE" ~ '
City Engineer explained that the l~t line adjustment is located on
the northerly frontage of Platino Lane w~sterly of'Oro Drive and,wi~l square
off two existing lots. He recommended approval subject tO,the flndlng t~t
the parcel map is consistent with the General Plan and zonl~g,. Upon motlon
of Council Member Smith, seconded by Council Member Hogan, lt was voted
unanimously to approve pa~cei map no. 80-14 and to find,that it is consistent
with the Gen~rai Plan and zoning.
REOUEST FOR TEMPORARY WATER SERVICE OUTSIDE CITY TO WATER CATTLE ON THE RANCHO
EL PIZMO BY JOSEPH ROSE, JR. , ", "
Administrator Butch stated that Mr. Rose is requesting a water meter
on Oak Park Boulevard to water cattle on the,Rancho El Pizmo which is in the
pismo Beach city limits. Mr. Rose was advised that it hasi,'not been the Council's
policy to provide out-of-city water. Council Members questioned Mr. Rose
regarding the location of the cattle and the amount of water needed. Mr. Rose
stated he would use approximately 1600 g'allonsof: water. Council Member,
Hogan moved \0 grant use of 'the water for two years. The motion died for lack
of a second.', Council Member Millis moved to deny the request and the motion
was seconded by Council Member smif.h. The motion fa~led with Council
Members Smith and Millis vot'ing in f:yo'j,.'fter discussion, Council Member Hogan
moved to grant use of the w~ter fo~ six months provided' the backflow, meter
and proper.installations are made at no cost to the City over and above what the
charges are'land that a float be required for the water tank. The motion was
seconded by',Council',Member Vandeveer. Council Member Millis stated that ..
approving this 'request would be'setting a precedent and should not be approved.
He asked'that a roll call'vote be taken.
AYES:
NOES:
ABSENT:
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Council Members Hogan,
Council Members Smith
None
Vandeveer, and Mayor Pope
and'Hillis.
PROPOSED 1980-81 HANDICAPPED BUDGET
Administrator Butch reported that a special meeting was held and the '
new proposed budget is $8,100. Council Member Vandeveer reported that the cost
was then reduced to one half of what was originally requested. The new figure
is yet to be determined.
CITY ENGINEER'S RECOMMENDATION ON DRAINAGE EASEMENT FOR MAY STREET DEVELOPMENT
RE: REALIGNMENT OF EXISTING EASEMENT
City Engineer Karp stated that prior to construction of May Street,
the City accepted a drainage right of way to Tally Ho Creek which has since
been determined not to be the actual creek centerline. He is requesting Council
accept the ~ew easements for drainage purposes which will correct-the error.
Upon motion, of Council Member Smith, seconded by Council Member Vandeveer, it
was voted unanimously to accept the new easements and direct the City Clerk to
file the necessary Certificate of Acceptance.
PROGRESS PAYMENT - FAIR OAKS CHANNELIZATION, APPROVE PROGRESS PAYMENT NO.1
(SULLY-HILLER)
City Engineer Karp explained that there is still some striping to be 'i
done and he: is recommending a 90% payment at this time in the amount of $43,073.01.
Upon motion of Council Member vandeveer, seconded by Council Member Hogan, it wasil
voted unanimously to approve progress payment #1 in the amount of $43,073.01
to Sully-Miller for the Fair Oaks Channelization.
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PROGRESS PAYMENT - WATER SYSTEM AT CHERRY, CALIFORNIA, NEWMAN AND ALPINE (BAKER)
City Engineer Karp reported that the water mains are now constructed
at Cherry and California Streets and are now beginning construction of the mains
at Newman and Alpine. Staff is requesting approval of 50% payment, as was
contracted, i' in the amount of $10,419.42.. Upon motion of Council Member Vandeveer',
seconded by,: Council Member Hogan, it was voted unanimously to approve the progres's
payment to Baker Construction in the amount of $10,419.42.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 26, 1980
PAGE SEVEN
PROGRESS REPORT ON THE SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
Administrator Butch briefly'reviewedtbecmonthly tepQrtcforcJulyc~:"
i:m,.,the,',lllaintenance '.andoperationobf::the. treatmen1i; plant';." He "reported.that on
Septembet'2; 1980 the barge will be laying the outfall lines and if any
Council Member would like a tour, please contact him.
WRITTEN COMMUNICATIONS
Administrator Butch stated a letter was received from Mr. Ron Curtis,
Five Cities Muscular Dystrophy Telethon, inviting them to a meeting August 31,
1980 at 6:00 P.M.
ORAL COMMUNICATIONS
Elizabeth Jackson requested information regarding streets and the
cost of City. Council packets. Mr. Butch replied that the packets would run
about $30.00, not including staff time.
Mayor Pope reported that he has checked wihh several insurance
companies regarding obtaining insurance which would be required by the proposed
demolition ordinance. A policy of this type would cost about $240.00.
ADJOURNMENT
Upon motion of Council Member Hogan, seconded by Council Member
Vandeveer, it was voted unanimously to adjourn at 10:30 P.M.
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