Minutes 1983-10-25
CITY COUNCIL OCTOBER 25, 1983
ARROYO GRANDE, CALIFORNIA 7:30 P.M.
The City Council met in regular session with Mayor Smith presiding. Upon
roll call Council Members Lawrence Vandeveer, Matt Gallagher, Mark Millis and
Karl A. Hogan were present.
PLEOGE OF ALLEGIANCE AND INVOCATION
. Counci I Member Gallagher led the Pledge of Allegiance to our Flag. Father
Michael O'Sullivan, St. Patrick's Catholic Church, delivered the invocation.
APPROVAL OF MINUTES
Councilman Vandeveer said Page 4, Paragraph 3, last sentence should be
changed from: "He said Council should move forward with CalTrans for a solution,
and hold up on all construction" to read: "He said Counci 1 should move forward.
with CalTrans for a solution, and should not hold up on construction."
Councilman Millis said Page 6, Paragraph 1, last sentence should be changed
from: "On the vote that followed, Counci Imen Mi 11 is and Hogan abstained." to read:
"Following Council discussion, the motion carried unanimously."
A motion was made by Councilman Vandeveer, seconded by Councilman Gallagher,
and unanimously carried, to approve the minutes for October 11, 1983 as corrected.
APPROVAL OF CHECKS
'On motion of Councilman Vandeveer, seconded by Councilm~n Hogan and unanimously
carried, Demand Checks Nos. 20987 through 21076, in the total amount of $119,014.40;
and Payroll Checks Nos. 26061 through 26192, in the total amount of $68,989.27,
were approved for payment as presented by City Manager Mack in the absence of
Finance Director David Bacon.
ORAL COMMUNICATIONS - None
APPROVAL OF CONSENT AGENDA ITEMS
Mayor Smith asked that Item #19 be withdrawn from the Consent Agenda. A
motion was made by Councilman Vandeveer, seconded by Councilman Gallagher, and
unanimously carried, approving Consent Agenda ~tems #7 through #18, and Items
#20 through #22, as recommended.
7. Proclamation by Mayor - Month of November, 1983, as "Veterans Month".
RECOMMENO MAYOR SO PROCLAIM.
8. Proclamation by Mayor - "Jessle Graham Day" on October 25; 1983, in
Arroyo Grande. RECOMMEND MAYOR 50 PROCLAIM.
9. Answered Agenda and/or Minutes for Planning Commission Meeting of October
18, 1983. RECOMMEND REVIEW AND FILE.
10. Minutes of Parking & Traffic Commission Meeting of October 17, 1983.
REVIEW AND FILE.
11. Resignation of Susan Christie as this City's Representative to South County
Human Relations Commission (Effective 10/18/83). RECOMMEND ACCEPTANCE
WITH REGRET.
12. Minutes - South San Luis Obispo County Sanitation District - October 5,
1983. REVIEW AND FILE.
13. Progress Report - Proposed Purchase of Administrative Word Processing
Computer System. REVIEW AND FILE.
14. Fee Exempt License - Request by' Disabled American Veterans to seil
"Forget-Me-Nots" from November 4 - 11, 1983. RECOMMEND APPROVAL.
15. Authorization to Purchase - Two Vehicles for Police Department and One.
Paper Copier for Pol ice Department (All Budgeted Items) RECOMMEND APPROVAL.
16. Water Well Application for Colin C. Reilly. RECOMMEND APPROVAL.
--_.~---
-..--
~
CITY COUNCIL OCTOBER 25, 1983
ARROYO GRANDE, CALIFORNIA PAGE TWO.
17. status Report Re: Renewal of Federal Revenue Sharing Program. FOR YOUR
INFORMATION.
18. Insurance Claim by Guide Dogs for the Blind, Inc., Incident of 10/10/81.
RECOMMEND REJECTION OF CLAIM.
20. Quarterly Meeting of Channel Counties Division of League of Cal ifornia Cities
Friday, November 18, 1983, at Morro Bay. FOR NOTIFICATION PURPOSES.
21. Annual Audit for City of Arroyo Grande for Fiscal Year 1982/83. RECOMMEND
RECEIVE AND FILE.
n. Notice of Hearing by Assembly Committee on Local Government, Re: Local,
Government Long-Term Financing. . RECEIVE AND FILE.
19. Central Coast Christian Academy Request for Closure of Certain Streets
for Jog-A-Thon, April 7, 1984. RECOMMEND APPROVAL.
City Manager Mack said when the City has to rent barriers for civic or
community events, normally the civic organization pays for the rental, but, in .-.
the past, the rental has not been paid by the Academy. After Council discussion,
a motion was made by Councilman Gallagher, seconded by Councilman Millis, and
unanimousJy carried, to approve Consent Agenda Item f/19 for the closure of
certain streets for the Jog-A-Thon.
CONTINUATION OF RANCHO GRANDE PROJECT REQUESTS FROM LAST COUNCIL MEETING
Planning Director Eisner said the' three matters to be considered by Council
were~ (1) request for a lot spl it by Ottse,lnc. on Rancho Grande; (2) a tenta-
.tive subdivision map on Tract No. 1132, Rancho Grande; for 134 lot residential
subdivision in Planned Development District; (3) proposed Ordinance to adopt a
development agreement for Rancho Grande, consistent with City's Ordinance No.
186 C.S.
Councilman Millis said he would like to continue the three items until
the next Council meeting because good progress;had been made on the problems
regarding the Oak Park Boulevard and Highway 101 intersection; City should.be
hearing from CalTrans next week; the involved Cities are working well together.
He said he would like to see what evolves next week before Council approves
additional development. Further discussion by Council followed, and Mayor Smith
opened the meeting to comments from the public, pointing out that this was not a
public hearing but Council would hear anyone who wished to speak.
PETE MILLER, Attorney for Rancho Grande, said they recognize the problem
tha t Counc i I is dealing with but would like to have Council approval as soon .as
possible, in order to plan for the assessment district. He said two easements
will be added, one to the Parcel Map and one to the Subdivision Map; and assured
Counc i I that Rancho Grande would participate to help solve the problems being
faced. He passed to Council a letter for consideration.
A motion was made by Councilman Vandeveer, seconded by Councilman Millis,
and unanimously carried to accept a proposal and notes by Jim Garing on the
Oak Park/Highway 101 interchange.
A motion was made by Councilman Millis, seconded by Mayor'Smith for dis-
cussion to continue the three items untIl the next Council meeting with the
intention of taking action at the next meeting on all three items. On the
following roll cal1 vote, to wi t:
AYES: Councilmen Gallagher, Millis and Mayor Smith
NOES: Councilmen Vandeveer and Hogan
ABSENT: None
the foregoing motion was carried.
PUBLIC HEARING RE. APPEAL BY WILLIAM LACKEY OF PLANNING COMMISSION'S DENIAL
FOR USE OF OFF-SITE WATER WELL (VARIANCE CASE NO. 83-94)
Mr. Eisner said the matter was brought to the Planning Commission originally
as a request for variance to a condition in the zoning ordinance that prohibits
the use of water from an off-site source for properties. There are four properties
~--
~
,
CITY COUNC I L OCTOBER 25, 1983
ARROYO GRANDE, CALIFORNIA PAGE THREE.
involved but none of them can be served with water now. The PlanningCommission
asked that Mr. Lackey resubmit his appl ication so that the variance provided
for all of the four pracels as they now exist. On a tie vote the Planning
Commission denied the action and Mr. Lackey has appealed to the City Council.
Mayor Smith said the notice of public hearing had been duly published and
all requirements had been met and declared the hearing open.
WILLIAM LACKEY, 877 Todd Lane, said he is the owner of the R-S property
now consisting of four lots. Three of the lots (2-1/2 acres each) have been sold
and the elevation of these lots is above the. level to be properly ~upplied by City
water from the Assessment DistrIct that is now being considered for that part of
the City. It is desirable to have other water and he said he had made three
efforts to drill on the property, without success. He said he had reached an
agreement to use an existing well . located outside the parcels on Rancho Grande.
Mr. Eisner said a letter had been received, this date, from Mr. Nooker and
copies of the letter were part of the public record of the public hearing.
BOB CHAPMAN, Costa Mesa, said he is the owner of one of the parcels'and
Mr. Lackey had endeavored to provide water. He said the property is R-5 zoned
and could not afford to use City water on the 2-1/2 acres. He noted there is
no other R-S property in the City.
Mayor Smith said the public portion of the hearing was closed and further
comments would be made by Council on!y.
Mr. Eisner said the Planning Commission had deliberated (following the
guidelines .of the zoning ordinance) .four basic questions that are a part of a
vari ance. In the resolution that failed, they also suggested five specific
conditions and read them into the public record. The four questions and five
conditions are included in the Planning Commission's Resolution No. 83-957 V.
During Council discussion, Councilman MiUis said under our existing
Ordinances Council could not grant the variance. He cited Ordinance.260 C.S.
and said he felt Council should not grant the variance and should take a further
step to repeal the Ordinance. After further Council discussion, a motion was
made by Counci Iman Vandeveer to accept the Variance Case No. 83-94, Counci lman
Hogan seconded the motion, and on the following roll call vote., to wit:
AYES: Councilmen Vandeveer and Hogan.
NOES: Councilmen Gallagher, Millis and Hayor Smith
ABSENT: None
the motion was defeated.
Councilman Millis made a motion to uphold the Planning Commission's denial
of Variance Case 83-94, seconded by Councilman Gallagher, and on the fo llowi ng
roll call vote, to wit:
AYES: Councilmen Gallagher, Hillis and Mayor Smith
NOES: Councilmen Vandeveer and Hogan
ABSENT: None
the motion carried.
Councilman Millis requested Ordinance No. 260 C.S. be placed on the next
agenda list as an item to be reconsidered.
COUNCILMAN HOGAN LEFT THE HEETING TEMPORARILY.
ADOPTION OF ORDINANCE TO AMEND ZONING ORDINANCE TO ALLOW LETTERS OF COMPLETENESS
TO BE ISSUED BY THE PLANNING DEPARTMENT ON APPLICATIONS FilED
Planning Director Eisner read .the title of the Ordinance, and a motion was
made by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously
carried to dispense with further reading of the Ordinance.
_______m__ -------- ----
---.,
CITY COUNCIL OCTOBER 25, 1983
ARROYO GRANDE, CALI FORN I A PAGE FOUR..
ORDINANCE NO,'301 C.S.
AN. ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE
ARROYO GRANDE MUNICIPAL CODE BY AMENDING. SECTIONS 9~4.1022
AND 9-4.3204 RELATING TO "NOTICE OF COMPLETENESS"
A motion was made by Councilman Gallagher, seconded by Councilman Millis
for approval of Zoning Ordinance specifying Letter of Completeness, and on the
fo11 owi ng ro" ca" vote, to wi t:
AYES: Councilman Vandeveer, Gallagher, Millis and Mayor Smith
NOES: None
ABSENT: Counc i I man Hogan
the foregoing Ordinance was passed and adopted the 25th day of October 1983.
ADOPTION OF ORDINANCE RE. RESTRICTIONS ON VEHICULAR TURN MOVEMENTS
City Manager Mack read the title of the enabling legislation. A motion
was made by Councilman Gallagher, seconded by Councilman Vandeveer, and unani-
mously carried, to dispense with further reading of the Ordinance.
ORDINANCE NO. 300 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE
MUNICIPAL CODE TO AUTHORIZE RESTRICTIONS ON VEHICULAR
TURN MOVEMENTS BY RESOLUTION OF THE CITY COUNCIL
On mot i on by Counc iIman Ga 11 agher, seconded by Councilman Vandeveer, and
on the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Millis and Mayor Smith
NOES: None
ABSENT: Counci Iman Hogan
the foregoing Ordinance was passed and adopted"the 25th day of October 1983.
COUNC I LMAN HOGAN RETURNED TO THE MEETI NG AND I S NOW PRESENT.
STATUS REPORT RE. DESIGN OF BRISCO ROAD IMPROVEMENTS
. Public .Works Director Paul Karp demonstrated on a posted map the plan for
Brisco Road improvements, and the ways to achieve cutting a few feet off the
top of the hill, building driveways, retraining walls and drainage. He gave the
options so Council could recognize what future Councils may have to deal with
as the private property owners will be responsible for curbs, gutters and new
driveways. Mr. Karp said the road work is needed now in conjunction with the
water lines going in, and the dilapidated condition of the road, recently
acquired by the City through the Brisco annexation.
Fo 110wi ng discuss ion, Counc i I dec i ded to proceed wi ththe "Norma 1 Sect ion"
with 2% crossfaJ J from centerl ine. Additionally the Council elected to begin the
cut for centerline grade for Brisco Road profile at the south end of the driveway
at 171 Brisco and remove as much of the hill (probably 1 or 2 feet) between the
driveway and Linda Drive.
DISCUSSION - GRADING AND EROSION CONTROL ORDINANCE
City Manager Mack said there was additional language to be placed into the
Ordinance that would provide the City means of enforcement in the event of
illegal grading. He said Staff had proposed a change as a modification to
wording extracted from the San Luis Obispo Code. Mr. Karp recommended Counci 1 ,
adopt the Ord i nance wi th the Reg i ona I Board I s three changes and wi th the mod if i ed
San Luis Obispo City Code clause as transmitted with his memo dated October 25,
1983.
After discussion, Council decided to continue the discussion of the
.Ordinance to the next'meeting and give the City Attorney time to include the
changes and modifications to strengthen the portion of the Ordinance dealing
with violators.
_____m__
----.
CITY COUNCIL OCTOBER 25, 1983
ARROYO GRANDE, CALIFORNIA PAGE FIVE.
REPORT RE. REVISED CONSTRUCTION STANDARDS NO. B-4 AND B-5
Mr. Karp said an update on Construction Standards B-4 and B-5 was prepared
on the driveway standards, and a committee formed, chaired by Bill Sommermeyer
(a loca 1 civi 1 eng i neer) wi th commi ttee members Bob Gari ng, 5r; Jim McGi 11 is,
and Bob Alderman of San Luis Engineering; Louis Caballero of Los Padres Engineering;
an9 Robert Lupinic of Ervin Engineering. The results of their study should be
ava il ab 1 e to Counc i1 by the end of November, 1983.
RESOLUTION TO ESTABLISH "NO PARKING ZONE" AT CURB AREA OF 220 TRAFFIC WAY
Mr. Karp said a request had been received from Parking & Traffic Commission
to correct a sight-distance problem created by the additional traffic in the
driveway between Loomis Insurance and the Post Office.
Mr. Karp read the title of the proposed resolution. A motion was made by
Councilman Gallagher, seconded by Councilman Vandeveer to dispense with further
reading of the resolution. Mayor Smith called for discussion, and Councilman
Hogan asked if a sign could be installed to allow parking there on Sunday.
After discussion, the motion and second were withdrawn and the item tabled until
the next Council meeting.
DISCUSSION RE. CHADWELL REQUEST FOR RELIEF FROM PARKING DISTRICT FEES
City Manager Mack explained the request by Mr. Chadwell. Mr.. Mack said
other situations are brought to the Council, namely: (1) Product i on Cred i t
Association (PCA) project on Mason and Branch Streets will no longer be pur-
chasing parking spaces from the District; (2) regarding the Spinelli situation
the City accepted $1,000 and the City Attorney believes there is no chance the
Court\.iould award in the City's favor if City. legally pursued the matter.
Counci I discuss ion follow~. "
~~'~e 'Hi- .
~ A motion was made by Councilman Vandeveer, seconded by Councilman Hogan
to allow'\all' ... to purchase "in lieu" parking spaces for $1,000 each.
Councilman Millis said all the money is in a special fund that cannot be used for
other needs. He said he felt it was the responsibility of the Downtown Parking
Advisory Board to decide this issue and the Board should advise. the Council.
Mr. Chadwell said he would like to pay his $12,000 and get the matter resolved.
On the following roll call vote ~n the above motion, to wit:
AYES: Councilmen Vandeveer and Hogan
NOES: Councilmen Gallagher, Millis and Mayor Smith
ABSENT: None
the motion was defeated.
A motion was made by Councilman Millis, seconded by Councilman Gallagher,
to send the item back to the Downtown Parking Advisory Board with direction to
make a decision and present results to the Council at their next meeting. On
the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Hogan; Millis and Mayor Smith
NOES: None
ABSENT: . None
the motion was unamimously carried.
LEASE AGREEMENT WITH ALCOHOLICS ANONYMOUS
Mr. Mack said that Council agreed to enter into a new one-year contract
with Alcoholics Anonymous for the leasing of the Council Chambers at a rental
fee of $300.00 per month.
A motion was made by Councilman Vandeveer, seconded by CounciJman Gallagher,
and unanimously carried to approve the lease agreement with Alcoholics Anonymous.
APPOINTMENT TO FILL VACANCY ON SOUTH COUNTY HUMAN RELATIONS COMMISSION
Mayor Smith made a nomination of Mr. Khatchik "Katcho" H. Ai:hadjian to fill
the vacancy on the Commission. Council unanimously voted to accept the nomination.
~-- -
----
'.. --
CITY COUNt IL OCTOBER 25, 1983
ARROYO GRANDE, CALIFORNIA PAGE SIX.
WRITTEN COMMUNICATIONS - None
ORAL COMMUNICATIONS
Councilman Vandeveer asked that Parking & Traffic Commission consider a
three-way stop sign on Valley Road and Sunrise Terrace.
Councilman Millis said Council had a Public Hearing on no parking spaces
at Mid+State Bank area and he feels the concern should be all of Grand Avenue
and Branch Street rather than just that section. He said he would like to have
Parking & Traffic Commission review traffic along the major arteries and
recommend to Council what can be done to improve safety and conditions.
Councilman Millis said he attended a Zone 3 Advisory Committee meeting in
Avila Beach. He said Avila Beach would like to get additional water for building
but do not have wells and cannot purchase from other cities. He asked that it
be on the next Council Agenda for consideration and direction.
ADJOURNMENT
A motion was made by Counci lman Vandeveer, seconded by Counci lman Gallagher,
and unanimously carried to adjourn the meeting at 10:15 P.M. .
MAYOR
,
ATTEST:
Deputy City Clerk
---.-
."
,