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Minutes 1978-08-08 CITY COUNC I L ARROYO GRANDE, CALIFORNIA " 083 jr i I AUGUST 8, 1978 Ii 7:)0 P. _M. Ii The City Council met in regular session.with.Mayor Mark Millis.presiding. Upon" roll call, Council Members Matthew Gallagher, Jr., Gabe de Leon, B'Ann Smith and ' Hugh Pope, Jr.c reported present. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag. Council Member Gallagher then gave.the invocation. APPROVAL OF'MINUTES r It was moved by Council Member Gallagher, seconded by Council Member Smith and; unanimously carried that .the minutes for the. regular meeting of July 25, .1978, and special meeting of.July 31, .1978; be approved as submitted. APPROVAL OF WARRANTS It was moved by Council Member de Leon, seconded by Council Member Gallagher and unanimously carried that oeinand Warrants .No.. 9079 to and including 9147, .in the total amount of $17;718.83, and .Payroll Warrant No. 12010 to and including 12102, in the total amount of $54,.523.27, be approved and ordered paid. ' PRESENTATION OF CERTIFICATES .OF APPRECIATION Mayor Millis explained there were.several commissioners retiring this year and presented cert}flcates of appreciation .to the retiring commissioners. Mrs. Maxine Blankenburg, Parks and Recreation Commissioner received her certificate from the Mayor, with William O'Conno~ who served on the Parking and Traffic Commissio~ being, presented with his certificate later in the meeting. Certificates will be given to; retiring members Tom Runels, Parks and.Recreation Commission, Floyd Peterson and, Andy Jones, Parking and Traffic Commissioners, Peggy Porter, . Downtown "Parking)Ldvisory Board Member. Mayor Millis formally thanked the Commissioners for their years of service to the City. APPROVAL OF.CONSENT AGENDA ITEMS I t was moved by Counci 1 .Member de Leon, seconded by Counc i 1 Member Gall agher, and unanimously carried that the Council approve the following Consent Agenda Item, as recommended by City staff: 1.. Receipt of 1978-79 College Work-Study Project Agreement from~al Poly at San Luis.Obispo for approval and acceptance and signature by City of Arroyo 'Grande.:: (RECOMMEND COUNCIL APPROVAL) . SET JOINT STUDY SESSION: A. G. CHAMBER OF COMMERCE AND CITY COUNCIL (8/23/78) ~ Administrator Butch presented a letter from the Arroyo Grande Chamber merce to the City Council requesting that a joint study session be set for 1978, at 4:00.P.M., in the Council Chambers of the Arroyo Grande City.Hal1. Council was agreeable to setting this meeting. of Com- ii Augus t 23", The PRESENTATION OF LATEST LEAGUE OF CALIFORNIA CITIES' BULLETINS Administrator Butch presented the latest League Bulletins.to the Counci1,.notin,g the League's Quarterly Conference was set for August 18, 1978, in Camari 110 and the i Annual Conference was set for September 24 to 26, 1978, in Anaheim. He requested that any Council Members wishing to attend so inform him. DISCUSSION ON REVISION OF,BUILDING FEE CHARGES Administrator Butch read a letter from Tom Robak, Branch Manager of the VIP Future Corporation, Re. the $400 perunit.building fee. Mr. Robak spoke to the CouDc i 1 exp 1 a i n i ng he unders tood the necess i ty for the. fee to es tab 1 ish cap ita 1 fund,s, but he was protesting the inequitability of the,charge. The same $400. fee is charged for a home and for,each apartment unit. He felt a more equitable fee scale should be establ ished between. the two. Counci 1 Member Pope spoke noting he was not in favor of this fee and supported the contention that .staff should determine a more, equitable scale. There was discussion to the effect that this fee was set to meet capital ' expenses generated by new construction; .apartments on one acre of land house more people who require more services,from the City than do homes on that same acre; when, . .. I, the ordinance was adopted the Counci 1 had agreed to try this fee for one year before'! . !i II I' 070 CITY COUNCIL ARROYO GRANOE, CALIFORNIA AUGUST 8, 1978 PAGE TWO , ' evaluitirig,its effectiveness and/or making necessary changes. It was moved by Coun- cil Member Gallagher, seconded by Council Member Smith and carried, with Council Member Pope dissenting, that a letter be written to Mr. Robak explaining the necessity for the building fee and the restrictions put on the City by Proposition 13. REPORT OF EXTREME-'DUST NUISANCE ON OAk Hi'LL'ROAD (Phillips) Administrator Butch reviewed a letter from Robert and Christine Phillips, Pearwood Avenue, requesting Council action to eliminate a severe dust condition created by traffic on an unpaved section of road on Oak Hill Road, which is a private road currently in litigation. They also reported severe siltation problems created during periods of rain by this same condition. After considerable discussion, the Council asked the City's Attorney and staff to study'the City's ordinances and Code to deter- mine if anything can be done to alleviate this condition. Staff is to report to the Council on this at their next regular meeting. ~ PUBLIC HEARING RE. SPREADING OF ASSESSMENTS ON THE PIKE (Held Over) Administrator ,Butch requested this item be held over until the next meeting be- cause the posted notice of public hearing included sidewalks; which were not in the or i g i na 1 imp rovements 1 is ted for The Pi ke--Counci 1 concu rred. PUBLIC HEARING RE. AMENDMENTS TO LAND USE ELEMENT (Continued) ,Planning Director Castro'explained and displayed the pr~posed amendments to the Land Use Element under discussion. Mayor Millis reopened the public hearing noting it was a continued hearing on the Proposed Amendments to the Land Use Element Map of the City; this evening Amendment Items 7 through 12 would be ,considered., The follow- ing persons were present and spoke against the proposed change on Item 12; some had planned and invested in future development which this change would prohibit: Nick Brazell, 139 East Che~ry;'Harry Blumhorst, 210 Oro; Mrs. Leonard Diaz, 437 Le Point. Mr. Coker Ellsworth, 507 Platino, spoke in opposition'to the change,in Item 9. After discussion, the following action was taken by the Council: ITEM NO.7 It was moved by Council Member Gallagher, seconded by Council Member de Leon and unanimousl,y carried to tentatively approve the change from Neighborhood Commercial TO LOW DENSITY RESIDENTIAL on property'fronting on the north side of Huasna Road and Corbett Canyon Road, and bounded on the east by the Terra de Oro Unit 1 Development. ITEM NO.8 It was moved by Council Member de Leon, seconded by Council M~mQer Smith and unanimously carried to tentatively approve the change f~om Heavy Commercial/Light Industrial TO LOW DENSITY RESIDENTIAL on properties bounded by East Branch Street, the intermediate school, the Arroyo Grande Creek and the alignment of Le Point Terrace. ITEM NO.9 It was moved by Council Member Gallagher, seconded by Council Member Smith unanimously carried to tentatively approve the change from Medium Density Residential and Central Business District TO LOW DENSITY RESIDENTIAL on properties bounded by the Arroyo Grande Creek on the north, Allen Street on the south, Garden Street on the east and one lot deep west of Whit~ey Street. and ITEM NO. 10 It was moved by Council Member de Leon, seconded by Council Member Gallagher, and unanimously carried to tentatively approve the change from,Heavy Commercial/Light Industrial TO LOW DENSITY RESIDENTIAL on the triangular property bounded by East Branch Street, Le Point Terrace and Crown Street. u ITEM NO. 11 I t was moved by Counc i I Membe r Ga 11 agher, seconded by Counc i 1 Member Smith and unanimously carried to tentatively approve the change from Medium Density Residential TO LOW DENSITY RESIDENTIAL on the triangular property bounded by Tally Ho Creek and north of the Le Point Street alignment. ITEM NO. ,12 I t ,was moved by Counc i 1 Member de Leon, seconded 'by Counc i,l Member Gallagher and unanimously carried that the staff ,restudy the Land Use Element Map for the property bounded .by Crown Terrace, East Branch Street, Le Point Street, (known as the Loomis Properties), to determine the best ,use of the property and zoning in that area, and bring, their recommendation back,to the Council for approval/disapproval and referral back to the Planning ,Commission. Upon Council consensus, the publ ic hearing was continued to August 22, 1978, at 8:00 P.M., to consider Items No. 13 through 18 on proposed changes to the Land Use E 1 emen t Map. , Ii 071 , 'II '~. ,",CHY ,COUNC I L , 'ARR.IiYO GRANDE ,CAL I FORN I A AUGUST 8, 1978 PAGE THREE MEETING WITH ASSEMBLYWOMAN CAROL HALLETT SET (9/14/78) On request, the Council agreed to meet.with Assemblywoman Carol Hallett on September 14, 1978, at 4:00 P.M. PRESENTATION OF DEPARTMENTAL REPORTS FOR JULY, 1978 Administrator Butch reviewed the Departmental .Monthly Reports for July, .1978. Council Member Gallagher commended the workers who are removing the trees on Valley Gardens; the foreman should be commended for a very fine job. REPORT ON PARKING ON CROWN STREET n The Council reviewed the minutes,and recommendations of the Parking and Traffic Commission from their July 25, 1978, meeting. It was requested that no parking be allowed on the south side of Crown Street only--Council concurred.' The Council also requested the Police Department enforce the "no parking" restriction and en- force the off-street parking to insure parking is allowed on the apron of the road only. ORAL REPORT ON SCAT'BY COUNCIL MEMBER SMITH Council Member Smith gave an oral progress report on SCAT, reiterating the 90,000 mile per year figure and noting that an hour was taken'from the morning and evening schedule. This item will be checked with the SCAT'committee a~'~he buses are still running on the' old schedule. -" ," PROGRESS REPORTS: ,FIRE STATION; COMMUNITY BLDG.;.STROTHER PARK; SPORTS COMPLEX Administrator Butch reported a meeting is planned with Fire Department personnel to discuss one of the location sites. Engineer Karp reported the plans for the Community Building are still in the process of being prepared; they will go to the Community Building Committee when completed. The bids ,for Strother Community Park will be opened on August 17, 1978;, second phase bond monies have been' approved by the State. The grading needed to fill in the pond at the Elm Street Complex has been completed. APPOINTMENT TO FILL VACANCY ON SOUTH COUNTY HUMAN RELATIONS COMMISSION (Held,Over) Mayor Millis asked that this item be held over, since the Council did not have a nominee at this time; Council concurred. PROGRESS REPORT ON EXCHANGE OF PROPERTY BETWEEN CARMICHAEL'S AND CITY It was requested by the City's Attorney, that this matter be held over until a report is received by the Planning Commission on this matter; Council concurred. PROGRESS REPORT,ON SOUTH COUNTY CIVIC CENTER n Administrator Butch reviewed in time sequence the progress of the South County Civic Center. It was moved by Council Member Pope, seconded by Council Member de Leon and unanimously carried that the plans for the South County Civic.Center, submitted by the County, be referred to the Planning Commission.' . APPOINTMENT OF WILLIAM L. BRUCKART TO. REGIONAL TRANSPORTATION COMMITTEE Mayor. Millis reviewed the application of William Bruckart for service with the City. It was moved by Council Member de Leon, seconded by Council Member Gallagher and unanimously carried that Wi 11 iam L. Bruckart be appointed' to 'the'.Reg,i'orlai".'Trans-' portation Committee. " APPROVAL OF BEAUTIFICATION COMMITTEE There was discussion by the Counci 1 with regard to the formation' of the Beauti- fication Committee by the Parks and Recreation Commission. It was moved by Counc'il Member Gallagher, ,seconded by Counci 1 Member de Leon and, unan'imously carried that the Parks and Recreation Commission be directed to proceed with the formation of the Beautification Committee and that the Counci 1 approves, the appointment of Gee Gee Soto as Chairman of the Committee. 072 CITY COUNC I L ARROYO GRANDE, CALIFORNIA AUGUST 8, 1978 PAGE FOUR RECEIPT OF LAFCo RESOLUTION RE. GRANDE HIGHLANDS ANNEXATION The Council received copies of a resolution by LAFCo on the Grande Highlands An- nexation for their information. This annexation was approved subject to the follow- ing conditions and terms: --The property be rezoned prior to completion of the annexation --That it be recommended to the City the density be lowered to reduce the impact on schools and traffic. REPORT ON COUNTY-WIDE WATER RESOURCES ADVISORY COMMITTEE BY COUNCIL MEMBER POPE PROGRESS REPDRT ON TALLY HO DRAINAGE PROJECT u Council Member,Pope gave a brief report on the Water Resources Advisory Committee noting the Committee was still discussing the advisory elections and the. Arroyo ' Grande Ground Water Basin study. Publ ic Works' Director Anderson reported the consultant on the project has defined the boundaries of the district and is now working on cost factors. A report will be forthcoming to the Council at their next regular meeting. REPORT ON.FEDERAL MONEY FOR SAFETY IMPROVEMENTS TO CITY ROADS City Engineer Karp explained the federal money available represents.funds which can be used to improve roads inside the City. This money will be set aside for future improvement. It was moved by Council Member Gallagher, seconded by Council Member de Leon and unanimously carried that the Mayor and City Clerk be authorized to execute this agreement with the County. RECEIPT OF WATER PURVEYORS. COUNCIL MINUTES FOR MEETING OF JULY 12, 1978 Administrator Butch briefly reviewed the minutes for the Water Purveyors Council. meeting of July 12, 1978. The report was ordered received and filed. PROGRESS REPORT ON SOUTH COUNTY WATER ASSOCIATION Administrator Butch reviewed a letter from Supervisor Howard Mankins on the South County Water Association, noting.formal action from each agency was requested to direct the Water Association to pursue a contract with the State for a groundwater rights study within the Arroyo Grande Basin. Under Council consensus, the representa- tive from the City was instructed to return to the South County Water Association and give the City's approval on following through with this study. APPROVAL. OF TRANSPORTATION CLAIM (Held Over) Administrator Butch reported the necessary forms for the claims are still in the process of being prepared. He requested the item be held over; Council concurred. FINAL APPROVAL OF TRACT MAP 675 (Foremaster) ~ City Engineer Karp reviewed the subject tract located at the northerly terminus of the Oak Park Acres Development, fronting on Noyes Road, known as Oak Hills Estates. He explained the developer. had met all the City's requirements, except the signing of the drainage easements to owners, heirs and assigns of Tract'No. 675 over Lots 13 and 14 of Tract No..604. After rev.iew, it was moved by. Co unci 1 Member Gallagher, seconded by Council Member de. Leon and unanimously carrie~ that the Council approve Tract No. 675 on the following terms: 1. Rejecting without prejudice the future acceptance, the drainage easement over Lots 4 through 11 abutting Lot 13 of Tract No. 604. 2. The satisfactory completion of required improvements accept the following: the remaining drainage easements; the pump. station lot; Equestrian Way; Deer Trail Circle; easements for water and sewer lines; street trees and roadway slopes; and the water and sewer 1 ine easements granted by. separate instrument to the Ci ty by the owner of Lot 13 of Tract No. 604 (Oak Park Acres) for service to Tract No. 675 from existing facilities constructed with.Phase 1 of Oak Park Acres. , O~3 \ CITY COUNC I L ARROYO GRANOE, CALIFORNIA AUGUST 8, 1978 PAGE FIVE 3. Authorizing the Mayor to execute the appropriate improvement agreement on behalf of the City. 4. Finding that Tract No. 675 is consistemwith the General Plan. 5. Finding that Tract No. 675 is consistertwith Ci,ty Zoning. ' 6. Subject to the signing of the blanket drainage easements to owners, heirs and assigns of Tract No. 675 over Lots 13 and 14 of Tract No. 604. PROGRESS REPORT ON CONSTRUCTION OF OAK PARK ROAO r City Engineer Karp gave an oral report on the progress of Oak Park Road. The construction wIll be done' in two steps. There are some problems wi th keeping the road open during constr'uct,!on, by putting in a detour. If Council is agreeable, sta,ff,!!"oul.d"\l ike t,?request, the County to close the road for approximately two weeks. Council gave' their approval for the request to the County and staff con- firmed that the school district and highway patrol will be notified of the closure. PROGRESS REPORT ON THE SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT Administrator Butch reviewed the operation of the treatment plant noting it was running well. There was a hearing on the Cease and Desist Order and the dates on the project have ,been extended. *RECEIPT OF RESIGNATION OF ORVILLE SCHULTZ, TREASURER Administrator Butch read a letter of resignation from the City's Treasurer, Orv ill e Schu 1 tz. I t was moved by Counc i 1 Member Ga 11 agher, seconded by Counc i 1 Mem- ber de Leon and unanimously carried that the resignation of Treasurer Orville Schultz be accepted with regret and that a letter and plaque be sent to Orville Schultz for, his many years of service to the City. It was also requested the Council consider the process for appointing a new Treasurer at the next meeting. 1978-79 PROPERTY TAX REVENUE Administrator ,Butch reviewed a report ,from Finance Director Bacon noting that the Council will no longer take official action on property tax revenue. The County will keep the City informed on total County assessed valuation, average tax revenue on three-year basis, distribution factors for the City and tax revenue for Arroyo Grande. DISCUSSION ON "NO PARKING" STATUS ON VIA,LA BARRANCA ,; Mr. A1 Moses spoke to the' Counci 1 protesting the "No Parking" I imitations on Via La Barranca, stating it was detrimental to the sales in that area. The 'Council explained the "No Parking" signs have been removed from the street and will not be replaced unless a hazard or problem is,created by on-street parking -in that area. TERRA DE ORO; TRACT 3 - STAGECOACH ROAD l Mr. Stephan Dorsi, Attorney at Law, San Luis Obispo, presented a Statem"ri,t:oJ. Pro- blem to the Council from the residents of Wilholm Lane regarding the Stagecoach Road development. After considerable discussion, it was determined this item will be placed on the agenda for the meeting of August 22, 1978, in order to give staff proper time to investigate, study and provide solutions to the problems encountered by the residents on Wilholm,Lane from this development. SET TRIAL "COUNCIL-STAFF COMMUNICATION PERIOD" (8/22/78) Council Member Gallagher requested the Council consider setting an open Council- Staff Communication Period prior to Council meeting times (7:15 to 7:30 P.M.) for the staff and Council to communicate on various areas of information required by either staff 'or Council. It was moved'by Council'Memoer Gallagher, seconded by Council Member Smith and' unanimously carried that the meeting be set for August 22, 1978, on a trial basis to determine its effectiveness to Council and staff. '~ADJOURNMENT On the motion of Council Member Gallagher, seconded unanimously carried the meeting was adjourned to 7:15 ATTEST~ r;J, rM (?~~ CITY CLERK *See corrections made at 8/22/78 meetinq under Minl1t-p ~nnr"""'TP..,7~ Council Member Smith and ugust 22, 1978.