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Minutes 1978-06-13 032 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 13, 1978 PAGE 2 A-6, Receipt of a Letter of Concern from Arthur Garey, Re. Tax Assessment of his Property. RECOMMEND COPY OF LETTER BE SENT TO THE COUNTY SUPERVISOR AND COUNTY ASSESSOR. 7. Receipt of a letter of Concern, Re. Sale of Pornographic Literature, Mrs. Mavis Wilson, Oceano. RECOMMEND LETTER BE REFERRED TO THE HUMAN RELATIONS COMMISSION. 8. Receipt of the Quarterly Report on the Central Coast Self-Insurance Fund. RECOMMEND RECEIPT AND FILED, REQUEST FOR SUPPORT OF LOW COST SPAY & NEUTER PROGRAM IN COUNTY The Council read a letter from county resident Victoria Boatwright, which urges the Council's support of a low cost spay and neuter program in San Luis Obispo County. Administrator Butch reported that the County Board of Super- visors has directed a study of such a program be made by the County Administra- tor's Office. It is anticipated that results of the study will be available toward the end of this month. After brief Council discussion, it was generally agreed to hold off consideration of this matter until the County completes its study and the results are received. u APPEAL RE. PLANNING COMMISSION REZONING (FREITAS) - HELD OVER The Council read a letter from Attorney Stephen Cool, representing Dr. G. M. Freitas, who is appealing a Planning Commission decision of May 16, 1978 regarding a change in the Zoning Ordinance. Administrator Butch reported that the attorney has requested that Council consideration of the matter be held over until the next regular meeting, when Mr. Cool would be able to attend. The Council agreed to hold over this matter until its June 27th meeting. RECEIPT OF DEPARTMENTAL REPORTS FOR MAY. 1978 . n.e Council received and reviewed the Departmental Reports for the month of May, 1978, which included the attendance statistics of the recent Crime Prevention Fair. The Council directed that letters of thanks and commendation be sent to each group/organization involved in the successful Fair. MA~OR MILLIS EXCUSED HIMSELF FROM THE COUNCIL CHAMBERS DUE TO A POSSIBLE CONFLICT OF' INTEREST IN THE FOLLOWING ITEM AND IS NOW ABSENT. MAYOR PRO TEM GALLAGHER IS NOW PRESIDING. O~INANCE ESTABLISHING SCHOOL FACILITIES FEE ON NEW CONSTRUCTION - FIRST READING 'The Council reviewed a proposed ordinance establishing a school facilities ded~cation of land and fees to be levied on residential development. Administra- tor Bu!:.ch :reported that because of inconsistencies among the various cities I building valuations, a flat fee of $500 per building unit and $300 per mobile home is recommended, The Council discussed the ordinance, being particularly concerned that if it. is adopt.ed by this City, that it not be operative unless all other agencies within the Lucia Mar Unified School District also adopt this same ordinance. Superintendent of the School District, Robert Hoagland, was present and pointed out that the ordinance would be for the benefit of school children. Bruce Dotson, of the consulting firm which had prepared a demographic study of conditions in ~ the school district at their direction, was present and outlined various advantages of the ordinance besides raising revenues. The Council directed City Attorney Shipsey to include provisions in the ordinance that the ordinance be operative contingent upon all other agencies within the Lucia Mar School District adopting this same ordinance; and that said ordinance become effective immediately upon the second reading. After Council discussion, City Attorney Shipsey read, for its first reading the title of an ordinance amending the Municipal Code by adding provisions estab- lishing a school facilities dedication of land and fees on new residential development, as defined in said ordinance. 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. MAYOR MILLIS RESUMED HIS PLACE AT THE COUNCIL TABLE AND IS NOW PRESIDING. 033 ,/ ." h CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 13, 1978 PAGE 3 r PUBLIC HEARING - FED, REVENUE SHARING FUNDS RELATING TO MUNICIPAL BUDGET Administrator Butch reviewed that this is the second of two public hearings required in planning the uses of the federal revenue sharing. funds. The Council reviewed a request for the funds in the amount of $300 from the Family Service Center, Administrator Butch stated that it is estimated the City's share of funds will be cut by about two-thirds, but word has not yet been received whether the passage of Proposition 13 will affect the City's 1978-79 entitlement of the funds, After being assured by the City Clerk that notice of this public hearing has been made according to law, Mayor Millis declared the hearing open and all persons would now be heard regarding proposed uses of federal revenue sharing funds as they relate to the Municipal Budget, The following persons spoke on the matter: Doug Hilton spoke in favor of granting the request for funds from the Family Service Centerl Helen Doose, 1371 Newport, spoke in favor of the proposed allocation for the Woman's Club Community Building expansion; Audrey Haas, repeated the request received at the Council's last hearing from the People's Self-Help Housing Corporation I and Charles Jones of Los Osos spoke in favor of granting the request for funds from the San Luis 0bispo County Symphony Association, also received at the last hearing, There being no further public discussion on this matter, Mayor Millis declared the hearing closed, Mayor Millis suggested that no action be taken on the proposed uses of federal revenue sharing funds, until the conclusion of all budget study sessions toward the end of June, to see if Proposition 13 will affect the allocation of revenue sharing funds, and to see how the Legislature will implement Proposition 13, The Council was in general agreement with this suggestion. The Council was also in general agreement that the various requests for funds heard during the two public hearings on the matt~ were very worthy causes, but that no alloca- tions could be made until it ~e known precisely how much the City will have to work with in the way of revenue sharing funds. After Council discussion, a motion was made by Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, holding off adoption of the uses of federal revenue sharing funds until additional information is received regarding the affect of Proposition 13 on the City"s allocation, ORDINANCE INCREASING TRANSIENT OCCUPANCY TAX TO 6% - FIRST READING Administrator Butch reviewed that pursuant to the Council's direction, all motels, 'hotels & rooming houses in the City were notified of the City's intention this evening to consider increasing the transient occupancy tax from 5% to 6%, One response had been received from the Arroyo Grande Motel supporting the increase as it would be consistent with other cities, After Council discussion, City Attcrney Shipsey read, for its first reading, the title of an ordinance amending the City's Municipal Code by increasing the transient tax provisions from 5% to 6%, A motion was then made by Councilman Gallagher,. seconded by Councilman de Leon and unanimously carried, to dispense with reading>~e balance of this ordinance, ~-,..... -'--- In answer to Reporter Dennis Baughman, the City Administrator stated that this increase would add approximately $2,000 to City revenues, r APPOINTMENTS & RECOMMENDATIONS TO VARIOUS CITY COMMISSIONS Mayor Millis reviewed the suggestions for Planning Commission appointments he had made at the Council's last regular meeting, with the Council having received since then copies of the applications and Conflict of Interest State- ments of the two persons, He then nominated Al Gorsline to the Planning Commission for a three-year term, beginning July 1, 1978, Said nomination was seconded by Councilman de Leon and carried unanimously, Mayor Millis then nominated Sharon Fischer to the Planning Commission for a three year term, beginning July 1, 1978, Said nomination was seconded by Council- woman Smith and carried unanimously, Mayor Millis suggested the following persons for consideration for appointment at the Council's next regular meeting, as follows, Don Whittemore and Gee Gee Soto to the Parks & Recreation Commissionl Allen Ries, Tom Higdon and Chuck Burns to the Parking & Traffic Commission, with Andy Jones to serve as traffic advisory to that Commissionl and Ed Chadwell and Ira Hughes to be reappointed to the Downtown Parking Advisory Board, /; 034 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 13, 1978 PAGE 4 PUBLIC HEARING SET - REZONING & EIR ON RANCHO GRANDE DEVELOPMENT, 6/27/78, 8 P.M. On motion of Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, a public hearing was set for 8,00 P.M, on June 27, 1978, to consider the rezoning application (Case No, 77-99, Benstock, Inc.) and Environmental Impact Report on the proposed Rancho Grande Development, RECEIPT OF LEGISLATIVE BULLETINS FROM LEAGUE OF CALIFORNIA CITIES The latest Legislative Bulletins from the League of California Cities were received and reviewed, Also reoeived was a letter from Assemblywoman Carol Hallett, requesting direction from the City on policy mak.ing by the Legislature in adopting a workable plan for distribution of the State's funds in view of the passage of Proposition 13, The Council deolined to take any action on the matter at this time, SET PUBLIC HEARING REo REZONE #78-117, STAGECOACH ROAD (ZOGATAj, 7/11/78 A public hearing on Rezoning Case Nc, 78-117 on Stageooach Road, from "R-A-B-3" to "R-l", requested by Mr, Zogata and recommended for approval by the Planning Commission, will be set for July 11, 1978 at 8,00 P.M. instead of June 27th, because of the anticipated length of the public hearing already set for that date regarding the Rancho Grands development. u SET PUBLIC HEARING - i,AND USE ELEMENT AMENDMENT RE 0 AG LANDS, 7/11/78 A public hearing on the Planning Commission recommendations regarding an amendment to the Gene.ral Plan Land Use Element Text concerning Prime I and II Agricultural Lands will be set fc.r 8,00 P,M, C'D July 11, 1978, APPROVE ELM S'IREE'r SPORTS COMPLEX PER RECOMMENDATIONS OF Cl'I'Y COMMISSIONS Adminisbcatcr Butch outlined the various study sessions and reviews held by the. Council and City' Commissions on the proposed Elm Street Sports Complex development presented by the Spo,rta Associates, The Council reviewed memorandums from the Parka & Re~~eation and Planning Commissions regarding their review of the plans and no~ing their con~erns and recomrr,endatione about the complex, 'rhe Planning Cornrrd.$sion :,r!.tiicated tino object.ion to a preliminary approval Dr the conceptual plans.. subj ect to the following conditions, 1, 'rhat prior to any constructicn, the Associates shall submit for planning and engineering approval, detailed grading and development plans of each one of the ~pcrt facilities 0 20 'That a revised ,y,erall development plan shall be submitted in proper scale>> not:ing dimensions:- of play fii.cilitie:s~ :'foad6~ p,=:,rkin9 and ether related matters conneoted. with the complsxo 3, That the C.ity a,no the Assooiates should strongly consider widening and improvements to Ash Stree.t to provide for the adequate flow of traffico 4, 'that a master lighting plan be submitted subJect to Planning and Public Works Department approval 0 " The Parks I; Recreation COIl'JIlission gave the Sport.s Complex conoept .its unanimous approval i with, .the following concerns: 1, The impact on the residential neighborhood of lights, noise and traffic and suggeeted that an EIR should be made; 2. Ths loes of the area where the tempox'ary Pilg and Campbell fields are now locatedo The Master Plan shows this as a possible future passive recreation area to be developed when funds are availableo Since funds to develop this area will not be available in the foreseeable future, it was agreed in a meeting with the Associates on October 4, 1977, that P.ilg and Campbell fields would be temporary so the area could possibly be converted to passive recreation at some future date; 3, Construction of the oomplex in phases and that a plan outlining the phases of conetruction be made and followed; and 4, The cost ot electricity for the proposed floodlighting. o No objections were cited by the Planning Commission to the requested advertisement signing on the inside of the fencing or the temporary snack shack. Counoilman Pcpe asked when the Master Plan for the ccmplex would be approved 0 Jim McGillis of the Associates stated that this would be worked out with the City Engineer 0 035 1 I' I CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 13, 1978 PAGE 5 After Council discussion, a motion was made by Councilman by Councilwoman Smith and unanimously carried, approving the Elm Complex as per the recommendations of the Parks & Recreation and sions, to include approval of the signs and snack shack, Mayor Millis appointed City Engineer Karp as the City's liaison on the Committee for the Sports Complex, He also requested that this item be on every City Council agenda for progress reports frem Mr, Karp and that he bring any problems regarding it to the Council, de Leon, seconded street Sports Planning Cornrnis- .....:;..- ADOPT RESOLUTION - FIND LT, RIPLEY'S DISABILITY TO BE INDUSTRIAL Administrator Butch reported that Police Lieutenant Robert D, Ripley has applied for disability rstirement from the City effective August 1, 1978, as the result of a back injury, After Council discussion, City Attorney Shipsey read the title of a resolution finding Lt, Ripley's disability as industrial, A motion was then made by Ccuncilman Gallagher, seconded by Councilman de Leon and unanimously carried, to dispense with reading the balance of this resolution, RESOLUTION NO, '1322 A RESOLUTION OF THE CrTY COUNCIL OF THE CITY OF ARROYO GRANDE FINDING AND DETERMINING THAT LIEUTENANT ROBERT D, RIPLEY IS INCAPACITATED AS A RESULT OF AN INDUSTRIAL INJURY AND THAT HE SHOULD BE RETIRED, I I ~ On motion of Council Member de Leon, seconded by Council Member Gallagher and on the following re,ll call vote, to wit, AYES, NOES; ABSENT: Council Members Pope, Gallagher, de Leon, smi,th and Mayor Millis None None the foregoing Resolution was passed and adopted this 13th day of June, 1978, PROGRESS REPORT - SOmE COUNTY AREA TRANSIT SYSTEM Administrator Butch gave an oral progress report on the South County Area "l1:s.n"it bus system" which is into its second week of operation, Passengers are being given fr'ee rides these first two weeks of operation, Up through June 12th, a total of 2,905 people hsve ridden on the two buses, The 25~ per ride fare will begin next week on June 'i9, 1978, -, , GRAN'T CITY WA'TER & SEWER SERVICES TO PROPOSED CHRISTIAN ACADEMY ON OAK PARK BLVD, Administ:G.tO!' Butch recapped the meetings and studies made regarding the request of the Central Co,ast Chr'istian Academy for certain City services to a site on the, north €:ide of Oak Pa.c'k Bo\;;leva~d~ 'where, they propose t;o build a j~mior/senior high scheoL Annexation of the area to the City is not likely as it would be -considered to be in Pi.smo Beach~s sphere of i.nfluenC'e~ General consensus of the City's Departments has been that 5 eWe:!' and water service be granted to this area, at th,,, usual City ,charges for service outs:tde ct the City limits, but that other services such as fire and police protection be sought from the County. Marvin Hartwig, Pri.ncipalof the Chr'istian Academy Board, and Lou Caballero were present and appealed to the Council that consideration be given to charging regular "inside" the City sewer and water rates, in view of the benefits of a new school which would alleviate some of the overcrowding being experienced by the public school system, Mr, Caballero also felt that sometime in the future the annexation of this area to the City of Arroyo Grande might be looked upon more favorably by LAFCO and other entities if said area is already receiving Arroyo Grande services~ -I ""'- Reporter Doris Olsen asked what the status of sewer and water service by Arroyo Grande to this area would be if it were annexed by Pismo Beach. The City Administrator stated there would be se,-eral ways to handle this, such as letting Pismo Beach take 'Over the services if they are made available to that area by Pismo Beachp or continuing the services from Arroyo Grandeo Councilman Gallagher stated his opinion that Pismo Beach should credit Ar'royo Grande for water service given to the Academy until piame Beach can pick up the services, Mayor Millis stressed that the servicss are for the high school only and no other development that may occur in th~t vicinity, and that if the school move~, then the services will cease. I I I ,j 036 CITY COUNC II, ARROYO GRANDE, CALIFORNIA JUNE 13, 1978 PAGE 6 After Council discus,sio!';" ,a moti.on was made by Councilman POp6$ seconded by Councilman de Leon and carried, granting water and sewer services by the City of Arroyo Grande to the future site of the new Central Coast Christian Academy Junior/Senior High School on the north side of Oak Park Boulevard, approximately one-half mile east of Highway 101, PROGRESS REPORT - ANIMAL CONTROL MEETING The Council reviewed a report from Police Chief Clark on his attendance at the May 26th animal ccntrol meeting, It appears that the contract rates for the City in the coming fiscal year will remain the same aa for 1977-78, The Animal Control Supervisor estimates that within two years, the Animal Control Program should be self-suppo,rting, if the revenues incr'ease at the present rate 0 The City of Arroyo Grande has the best dog licenssd collection receipt totals of all the cities and the county, FURTHER DISCUSSION REo PROPOSED ANNEXATION ON 'TI-:E !HKE 'TO GROVER CITY (GHORMLEY) The (;;2,':,;:ncJll ! e~~Le"W',ed a 1,et;r.18;:~ [:reIn tb,.E C i ~"Y c:f Gr,:;v€:,!" Ci ty ~ out.Linirftg their prop'::.6a.l f,O',..::' cmnpJ:ling 'iIli th the iCcnd,~ tic'r:tE- 8"2:5 C(.n:~n("i 1 Minutes of May 99 i978) pl.aced ,on the Citie's cf Grov,c::!" C:;i..ty a"nd Arrc,-yc Gt"ande by LAFCO 1-11 o!'d~1. t::) E,llcw the dnr!.e'Xaticn !"equest of Ml', Gbo::ml,~y of the ED:l!':tCc RDm'e-::' HCH1Elng Deve,lopmen't px'ope.,sed f(\I: da'\:-elopm€:Dc ,-;liter' &nn€'..~at.ion t:D G-r"vl\."0::::- Ci~"r'y' c Bas ically r Gl..c-ver. City wishes: to annex thuse p..coper'ties 'th:cugh which. O'~:k. Pa.,rk Bo~.;;le:;Jarj would eventually ext'and~ as shown in" their Ger~eral l?lf'""n~ I'her,ef{';Jitep 1t,hey f-"u'9"gest that. 30 aC.r:es adjacent toO Atl"oy'c Gr'anCle should be anne,x.€:d t::; th,le City and 30 aC';:t:ss:' adjacent. to Grover City be arJlliexed t.o. tha-c Ci.::~r, Maps s:h,'J'I/,l'ing this P::::OF,rQs&l and the antici- pated extension af O,ak P'b,,tk E'.o'ule'\:'nYO tht'(d..:'gl1 to Th€ 'f"ik,€,~ were als:c rev'-).ewedo "The Council ,:tiE'cus:s:'€'d the: matt,:e.:..t ~t l..=:ngth\f <::rene::tal1y feeling that t]v~: whole 60 acrss :.:B 'Wi.thin t.ne C.it~y "Jl( A;:;.tDYC, Grande'js,sphe:re' c:f influenceo ThE': CGtmGil d.:Ls<cu5Sed. t.he: marLt.,8;r 'cilt. 16r1J,gtt".. ';,.r:.t:.h 's'ene.z-al cons-e::n,s,us beJ~ng that additi,'.:m.al st,u.dy aod n:e'~ot'i.at::.c:'r,':.5' n,e,c:e:-s-'S,ri',r.y s'n::. tJ'E'lt. the Mayor and a Staff MG:mbf~t' meet wit.h the Grc""ler c~tt:y May:s',r and Et"::df MeTbe::" fLom th~'t City" to discuss this is,,:::;'JiJ!E: fur:ths:t ~'li'J.d a T'SPC.'i.tt be tro\.ll'qhr-. ta:~K La t..he CGt.m'ci.l. o't'. ~ b~ ,June 2:?th me.,.eti1!t,~, APPROVE RE,VrSED ilEnDENOY f<EQUIREMEN;~' f('fI: POnCE J-ERSCNllEL, The CD'u~()lcil Jt'e:"'~.:7i'ewea. .itnfo>rmattC'JI) from P'c~Lic.s C:hd~6f Clark 1re.ga..rdii.ng ar~ opinion by the; At".t"J.'.cne,y GenE.l-':il th.a~ City ,employe'f-E'l ITliOlY be raqci,1.'ed to resid,a w'.ii.thin a t"eason&bl:s' ana Epe:cifl,c distance, c:'f thei.r pla'ce cf employ'ment" and not distance by ti.m€ ~ whi;e:h i.5 "the preEe:nt: p'~~l.i,,-:,,:y c i trF~ F:::;li::;e DepaJ[>tment 0 A diet,s:nce Q:f 25 mil:e,€ Epp.e.a!'s t,c, b~' 2'-311>e:e,El!ble ":"~o Police pe:.r.sG-nne:l .and adm.inist.ration" Afte~r- Council dis,C'us:::d.DrJ:) .'J; fli'ct.iClrIi y,;a~: :mz:,;je by C:::'!L1ln(;ilman Gallagher" seconded by Counci.lman de, Le.on-and 'J!T::dnim.ol!.liJ.y carr'led, appl~-oving 3. twenty-five mile: distance fo:r th€', Police De,pat.t:m;f\D.t. ceeidE:ncy re:q~Jj.JrEment for all new police F'e.rso,nne:l hl.l'-ed aE, cf June 13., 1978~ _._,~--.:.::...::-_____~__ .'. c.''''.... "r, ';'}:U).~~,:':; ",".: ,:,':'~'<::TIi[,S E-AFW Admlni;st.~~u::l: Eut,c:h -gave p~G'9':.tes,s ..t€'po-::t~t~ en V'di.l"icu:;:: City project,s, as fol10W:2~ a) prices, aLe: still being 'resea.l-c:hed Gn tw'o pO-::s:ible FIRE: STATION SITES; b) the plafilsand specifications for the COMMUNITY BUIL,DING EXPANSION are still being drawn and :e:hould be, read:r it;. a month or SCJ and c) w.ord haa been received 1:"oday 'fl.:cm the .5tb.t.e t.hi:lt, the. bond for th,c' STRC'THER COMMUNITY PARK has beer. ap.,p1 ,,,:,ve-a ~ RE'POR'r ~ RECENT' MEETING Of' AREA PLANNING COUNCIL - GALLAGHER Co!~nci.lman G:t~1::ashE"1r' report/sa on th,E' Jtmf: ist me'eting of the Area Planning Cocz:din.a.tin; COIlr~ciI..J :2:t.at:ing that: ffiajo.:r disCl!1:.aSi.:H1. had been held on t:he pre"v.iously :ts,$cussed proposal t:; me'€:t; th'e unmE;t. t,r.an2i t needs -ot the: elderly and h"ndi,caPfs€dr:"E~rE:,,'0nS in. the Ocunt,y; $0 thd.t: SB 325- funds will be, 1:eleasedo The p,r-op(}sCl1 1'. s-.<E"~~. CCl.Jrncil Minu~e:5 -cf May '23; 11978>> Fg 0 6) has: b-.9'en endorsed by the, A{ -2.;::. CO~Jr..('::U, A revis;ed 3oit1J,t. Powe.::s' A9t.'eeme:nt s.hc;!"dd b"8' .s:.i."ailableto the Council LD J":.:;!ly, ]'lr, ,~n.sw~J. '<::0 u q:ilJ'i?sti':))[j ;t'e'9.~.!"d.tng :tels211$e .of th.e 5B 325 funds ~ City E:I!-:;.i,ne'!:r K~Jt:{:, :;:'t.d:t ~d .th~t .5:5, ,~,;:;0)1'~ d,S, the ii.ddi.t~,.tGnaj bU'2,e:E are or-d.e:r:ad, the funds would ;:n:.'oba.t'1.y be i eole:a.e ed," ~. " .:!":.',,o3,:,:,,,,,j~~::_...;x..r;~.,,,,,,,0;........~,,,,=o......," lJ I u [137 \ CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 13, 1978 PAGE 7 APPEAL RE. LOT SPLIT REQUIREMENT, CASE #78-295(BRENNAN) - PUB. HEAR. SET: 7/11/78 The Council read an appeal from Maury Brennan on a requirement of the: Lot Split Committee (Case No. 78-295) for curb, gutter and sidewalk improvements at his Huasna Road frontage. Administrator Butch reported that according to 'the 'Subdivi- , sion Ordinance, a public hearing is required ion the appeal. Therefore, 'a .public hearing has been set on this matter for'8:00p.m. on July 11, 1978.- F DIRECT PREPARATION OF RESOLUTION REVERTING TO OLD POLICY RE. BLDG. PERMIT ISSUANCE The Council reviewed a report from Director of Public Works Anderson, outlining three different options available to the City in allowing the issuance of Building Permits in new subdivisions. He recommended adoption by resolution of the second option, which would allow the issuance of Building Permits after the subdivision has been approved by the City Council and occupancy of the building is not permitted until all required improvements have been completed and accepted by the City Council, which is the policy previously followed by the City before it was changed January 24, 1978. Additionally, he recommended certain conditions, as follows: that prior to issuing a building permit, "Staff should require that sufficient improvements be completed to insure the Staff that problems will not be created, such as lack of fire protection, dust control and drainage." Jim McGillis of San Luis Engineering stated that Mr. Anderson's recommenda- tions have been discussed by the area's builders and contractors and they are in agreement with them. After Council discussion, a motion was made by Councilman Pope and seconded by Councilman Gallagher to adopt Case No. 2 as outlined in Director of Public Works Anderson's report of June 12, 1978. After further Council discussion, Council Members Pope and Gallagher withdrew their motion and second, respectively, and the City Attorney was directed to prepare a resolution for Council adoption at its next meeting, incorporating the revised City Policy regarding issuance of Building Permits in new subdivisions, as recommended by Director of Public Works Anderson, above. REFER TO PLAN. COMM. PROPOSED EXCHANGE OF GRAND AVE. PROPERTY FOR PONDING (CARMICHAEL) The Council reviewed a report from Director of Public Works Anderson and a proposed agreement regarding the exchange of City property on the south side of Grand Avenue at Courtland Street, with Jack Carmichael, which would make property available to the City for a necessary ponding basin in this area. Mr. Carmichael has proposed that in consideration of the City deeding its interest in three parcels to him, designated Parcels 1, 2 and 3 on Exhibit "A" of the agreement (also known as: County Assessor Parcel Nos. 77-131-01 and 77-131-08), he would grant the City the right to use Parcel 1 as shown on Exhibit "B" of the agreement (aka: portion of County Assessor Parcel No. 77-131-07), plus Parcel 3, Exhibit "A", for drainage purposes for as long as deemed necessary by the City. , City Attorney Shipsey advised that since the City is considering disposing of property, the matter needs to be considered by the Planning Commission first. Administrator Butch stated that an old windmill on the City's parcels would be removed for placement in one of its parks. After Council discussion, a motion was made by Councilman Pope, seconded by Councilman Gallagher and unanimously carried, referring to the Planning Commission for its review and recommendations, a proposed property exchange, as described above. ;r J ..."" APPROVAL TO GRADE TRACT NOS. 672, 674 & 675, OAK PARK ACRES (KVIDT) CitY,Engineer Karp reviewed with the Council his report dated June 12th, regarding a request from Reuben Kvidt, developer of Oak Park Acres, for accept- ance of the first phase of Tract No. 604, and the City Staff's recommendation for approval to permit grading of Tracts 672, 674, 675 and others with the completion of Phase I. As grading .is encouraged during the dry season, City Engineer Karp recommended approval of issuing grading permits for Tracts 672, 674, 675 and others, prior to acceptance of Phase I, which is not yet completed, subject to certain conditions. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman de Leon and unanimously carried, as follows: That upon City Staff approval of the Greenbelt restoration plan, and grading plans within the development, the Council authorizes the City Staff to issue grading permits. This does not give the developer any form of final approval on his tract maps until such time as: (A) Phase I improvements have been completed and approved J 038 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 1 3, 1978 PAGE 8 by the City Council; and (B) the tract map and appropriate bonding, easements and other appropriate submittals have been made to the City Council by the Developer for final approval and subsequent recordations. MUNI. CODE AMEND. - ADOPT ORDINANCE: AMEND FRONT FT. & TURN ON/OFF CHARGES City Attorney Shipsey read the title of an ordinance amending the Municipal Code by increasing the front foot charge for water mains and charges regarding turn-off and turn-on of water service. 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. ORDINANCE NO. 180 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 7 OF TITLE 6 OF THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING SECTION 7-6.22(a) (3) (ii) THEREOF TO PROVIDE FOR CHANGE IN THE "FRONT FOOT CHARGE" FOR WATER MAINS AND BY AMENDING SECTION 7-6.04 BY AMEND- ING SUBSECTIONS (a) AND (b) THEREOF RELATING TO TURN- ON AND TURN-OFF CHARGES. ~ On motion of Council Member Gallagher, 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 13th day of June, 1978. APPROVE PARCEL MAP AG 77-444, ASH STREET (LINDSEY) City Engineer Karp reviewed with the Council a copy of Parcel Map AG 77- 444, reflecting a 2-parcel lot split (Case No. 77-256) located on the north side of Ash Street between Elm and Walnut Streets, requested by J. E. Lindsey. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman de Leon and unanimously carried, as follows: 1) author- izing the Mayor to execute, on behalf of the City, the appropriate improvement agreement; 2) finding that Parcel Map AG 77-444 is consistent with the City's General Plan and Zoning; and 3) approving said Parcel Map. APPROVAL OF FINAL TRACT MAP 553 "TERRA DE ORO", UNIT III (GRANT & KUDEN) -HELD OVER Approval of the Final Map of Tract No. 553, "Terra De Oro", Unit III, was held over. FINAL ACCEPTANCE OF IMPROVEMENTS FOR TRACT 679, DIANA PLACE (NICHOLS & PHILLIPS) City Engineer Karp reviewed with the Council a copy of Tract Map No. 679, which is the second unit of two tracts which have developed the street known as Diana Place. The tract is located on the south side of Farroll Avenue just west of Gaynfair Terrace, developed by Nichols and Phillips. The developer has posted a $10,000 Maintenance Bond, which will remain in effect for a period of one year. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Pope and unanimously carried, accepting the off-site improvements of Tract 679 on behalf of the public, and releasing the subdivision and payment bonds, subject to receipt of revisions to the final plans on the mylars, as required by City Staff. u FINAL ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 599 "LOOMIS HEIGHTS" (MILLER), City Engineer Karp reviewed with the Council a copy of Tract Map No. 599, "Loomis Heights No.2" I which is the second unit of the Loomis Heights tract lying just northwest of and adjacent to Loomis Heights Unit I, being developed by John Miller. A Maintenance Bond in the amount of $10,000 has been posted by the developer. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman de Leon and unanimously carried, accepting, on behalf of the public, the off-site improvements constructed with Tract No. 599, and releas- ing the Subdivision and Payment Bonds, subject to the clearing of the Le point Street drain and final update of the Mylar sheets to reflect lias built" conditions. r: ') 9 '-' ~ ,-,' CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 13, 197B PAGE 9 REQUEST AUTHORIZATION TO CALL FOR BIDS ON HALCYON RD. PROJECT - HELD OVER A request for authorization by the Director of Public Works to call for ,bids on the Halcyon Road project was held over, per his request. BIDS RECEIVED ON WATER & SEWER LINE PROJECT NO. 60-7B-1 - REJECTED The Council reviewed a report from Director of Public Works Anderson regarding two bids received and opened on June B, 197B on the Sewer & Water Lines project in the Western Addition, Project No. 60-7B-1. Bids received were as follows: r JAMIESON CONST. CO., 2233 S. Depot, Santa Maria, CA 93454: $57,61B.00 CHARLES A. PRATT CONST., P.O. Box 1295, San Luis Obispo, CA 93406: $66,650.00 The Engineer's estimate for the project was $46,250.00 and it was therefore recommended that the bids be rejected and the project rescheduled towards the end of the year. Staff felt that the lack of bidders and high bids is due to the large number of subdivisions and projects under construction in the area at this time. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Pope and unanimously carried, rejecting the above stated bids and holding off Project No. 60-7B-1 until later this year. REPORT - RECENT MEETING OF COUNTY WATER RESOURCES ADVISORY COMMITTEE - POPE Councilman Pope reported on the June 7th meeting of the County Water Resources Advisory Committee. He stated that the one item discussed was regarding the Corps of Engineers' wish to get rid of the Salinas Dam (also known as Santa Margarita Lake), which is owned by the federal government. The Corps is talking about relinquishing the dam totally, including grazing and recreational rights and everything else that goes with it, to the County of San Luis Obispo, It was not mentioned whether this would be released to the County as a zone or in total, but his understanding is that the county would have to maintain the existing rights to the downstream owners as well as to the residents of San Luis Obispo and that the base of the- -costs would be spread on a county-wide basis. Councilman Pope is concerned that if the County of San Luis Obispo decides to receive control of this facility that they would receive control of it in a zone, which would benefit the people. He requested that Director of Public Works Anderson look into the matter further, as he feels the Council should go on record as to how it feels regarding receiving ownership of that facility, especially in view of the fact that the total county does not pay the bonds on Lopez and this area would not receive any direct benefits from the Salinas Dam. r PROGRESS REPORT - TALLY HO DRAINAGE STUDY Administrator Butch stated that there is nothing new to report on the Tally Ho Drainage Study, as assessment engineers are being contacted and a report on ,this should be forthcoming to the Council fairly soon. Councilman Gallagher stated his dissatisfaction with the study in certain areas, particularly in regard to ponding retention in the county areas. He feels the report is deficient in addressing this subject as development continues in the county, which will contribute to the siltation problem in this area and the matter of ponding and retention basins in the county needs to be resolved. He suggested that the City Attorney or other staff member get together with the county to assure construction of these basins and this should be addressed in the study. Mr. Clark Moore of the Conservation District stated his agreement with Councilman Gallagher's comments and stated further that whoever looks at the assessment values should also look at the cost benefit ratio. PROGRESS REPORT - SOUTH COUNTY SANITATION DISTRICT The Council received and reviewed the monthly report for May, 197B, from the South San Luis Obispo County Sanitation District's Treatment Plant. Administrator Butch reported that the District has adopted its budget. CONCERNS RE. OAK PARK HEIGHTS DEVELOPMENT IN PISMO BEACH - SULLIVAN Planner Sullivan reviewed with the Council his report concerning the Environmental Impact Report (EIR) on the proposed Oak Park Heights development in Pismo Beach. The Planning staff is concerned with some assumptions and conclusions stated in the report dealing with "water availability", whereby Lopez surplus and state water is being counted on, along with an entitlement of 2,000 acre feet of groundwater from the Arroyo Grande Groundwater Basin, which could change with adjudication of the groundwater basin. It is assumed in the report that at current consumption rates in Pismo Beach, an additional 7,600 dwelling 040 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 13, 1978 PAGE 10 units could be accomodated based on water Engineer Karp reviewed various statistics Ibasin. availability as set forth above. City regarding safe yield of the groundwa~er Mayor Millis commended staff for bringing this matter to the Council's attention. He further stated his concerns on misconceptions of the Lopez surplus water, and his feeling that it is wrong for a city to plan growth on a surplus that may not exist during dry years. City Engineer Karp reviewed some conclusions and recommendations contained in theEIR for Oak Park Heights, and suggested that perhaps the Council concur with one of the mitigation recommendations proposed by the EIR consultants, found on Page 109 of the EIR, last paragraph, which the Council had received copies of. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Pope and unanimously carried, going on record endorsing the statements made by City Staff and that a letter be sent to Pismo Beach strongly voicing this Council's concerns as follows: 1) concern to any growth dependent upon Lopez surplus; 2) concern to any growth within the next 10-15 years that would be dependent on State water; and 3) questioning the assumption of enough water to serve 7,600 additional dwelling units. ~ CITIZEN'S CONCERNS - CATTOIR Marie Cattoir, Orchid Lane, posed three questions to the Council, as follows: 1) When Councilman Schlegel was on the Council, and the Christian Academy was first proposed, he had questioned whether the sewer trunk line would be adequate for that development, on which the City Staff was to make a study. She wondered if this had been done. City Engineer Karp stated that the study would be a condition of the approval of the high school, that is, any additional pumping plant or mains would be required with the development as a result of a study made by the Christian Academy. 2) In regard to the new construction fee proposed to provide for school facilities, she requested clarification of the per unit cost. Administrator Butch explained that $300 per mobile home unit and $500 per dwelling unit are the fees proposed. 3) Regarding the Grande Highlands proposal being excluded from the City's sphere of influence plan submitted to LAFCO, and when it would be considered for annexation, it was clarified that LAFCO will probably consider the annexation application in July. COUNCILMAN GALLAGHER LEFT DURING THE ABOVE DISCUSSION AND IS NOW ABSENT. SET BUDGET STUDY SESSIONS: JUNE 19TH AND 28TH AT 7:30 P.M. Additional budget study sessions by the Council were set for 7:30 P.M. 'on June 19th and June 28th, 1978, in the Council Chambers. ADJOURNMENT On motion of Councilman de Leon, seconded by Councilwoman Smith and unanimously carried, the meeting adjourned at 10:28 P.M. until 7:30 P.M. on June 19, 1978. ATTEST.-;tl.4/.~AY/ t2a~ CITY CLERK ~dJ:;: /~ U CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 19, 1978 7:30 P.M. The City Council met in a regular adjourned meeting with presiding. Upon roll call, Council Members Pope, Gallagher and present. Council Member Smith is absent. Mayor Millis de Leon reported BUDGET STUDY SESSION Administrator Butch reviewed with the Council the revised 1978-79 proposed General Fund based upon property tax reductions to the City in the amount of . $309,240.