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Minutes 1979-02-13 CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 13, 7:30 ~. '") r:; J_v -.... 197911 P.M'il Upon I: re- I The City Council met in regular session with Mayor Mark Millis roll call, Counci 1 Members Matt Gallagher, Jr., Hugh Pope, Jr., and ported present. Council Member de Leon was absent. presiding. B' Ann Smi th APPROVAL OF MINUTES On the motion of Council Member Gallagher, seconded by Council Member Smith and unanimously carried, the minutes for the meeting of January 23, 1979, were approved as subm i tted. APPROVAL OF WARRANTS It was moved by Council Member Gallagher, seconded by Council Member Smith and unanimously carried that Demand Warrants No. P595 to P6ll and 10122 to 10218, in the amount of $168,314.11 and Payroll Warrants No. 13251 to 13433, in the amount of $79,863.69, for a Grand Total of $248,177.80, be approved as submitted and ordered paid. r APPROVAL OF CONSENT AGENDA ITEMS On the request of Mayor Mi 11 is, Item 6 was considered separately from the other Consent Agenda items. On the motion of Counci I Member Gallagher, seconded by Council Member Smith and unanimously carried, the following Consent Agenda items were approved as recommended by Administrator Butch: 1 ,I A-I. Receipt of "Selected Statistical Data on Enrollment Trends and Student Characterl istics," from Cal Poly. RECOMMEND COPIES BE MAOE AVAILABLE TO PLANNING. I' A-2. Notice of Quarterly Channei Counties' Division of the League of Cal ifornia Cities' Meeting, February 16, 1979, City of Santa Maria. REQUEST NAMES OF COUNCIL, COMMISSIONS AND STAFF MEMBERS WHO ARE PLANNING TO ATTEND. A-3. Receipt of Six-Month Report on Liability Experience, Central Coast Fund. RECOMMEND RECEIVE AND FILE. i Self-Insuranc~ II " A-4. Receipt of 1978 Region P Crime Profile. RECOMMEND RECEIVE AND FILE. A-5. Receipt of a Letter of Praise for the Efforts of the Arroyo Grande Firemen and Their Staff Officers, Re. Fire in a Motor-home. RECOMMEND COPIES OF LETTER BE SENT FIRE DEPARTMENT AND TO FILE. A-7. Receipt of a Letter from Special Meetings of the City QUEST HAS BEEN RECEIVED. Telegram Tribune Requesting of Arroyo Grande. RECOMMEND TO ;1 .1 . Ii Notification of Any and AI1'i THAT VERIFICATION OF THIS RE- A-9. Request of R. L. Polk and Company, Re. Obispo City Directory. RECOMMEND APPROVAL, THE CITY POLICE AND FINANCE DEPARTMENTS. Enumeration Canvass for Updating San SUBJECT TO REQUIREMENTS AS REQUESTED RECOMMEND RE~ 1 Lu i s;1 BY A-8. Receipt of Economic Opportunity Commission Annual Report for 1978. CEIVE AND FILE. COUNCIL MEMBER DE LEON ARRIVED AND IS NOW PRESENT. n ITEM A-6: COMMENDING ARROYO GRANDE FOR THE STYLE OF ITS AGENDA Mayor Mill is then presented Item A-6 of the Consent Agenda items, noting the City of Arroyo Grande was commended for the style of its Agenda in the time schedul ing of events, in the National League of Cities Publication, "A Directory of Management Resources for City Councils". Mayor Mi~lis read the following excerpt from the Direc,- tory: "ARROYO GRANDE, CALIFORNIA - Citizens frustrated at having to sit through an entire Council meeting to participate in just one item on the Agenda can look to Arroyo Grande's system for relief. Each item on the Council Agenda has an approximate time aSSigned to it, so that a citizen interested in one particu- lar item can plan to be present at that time. Arroyo Grande1s City Adminis- trator is responsible for assigning an approximate time to each item. In 'devel'oping this system, the Administrator kept track of how long the Counci I del iberated on certain items, and as a result developed a schedule based on his findings. This system has been in use for the past 15 years and has been successful in encouraging citizen participation by e1 iminating some of the frustration citizens must go through to get involved. In addition to this service a blackboard is set up at the Council meeting notifying citizens of any cha~ges that have bee" made in the Counci l' s agenda. For example, if an item has been withdrawn, the citizens do not have to wai.t to see if it has been cance 11 ed. II 136 CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 13, 1979' PAGE 2 REQUEST FROM CITY OF GRIDLEY: SUPPORT SENATE BILL 110 - BROWN ACT AMENDMENT Administrator Butch explained the City had received a letter from the City of Gridley requesting support for Senate Bill 110, which is an amendment to the Brown Act allowing emergency meetings of City Councils and other publ ic agencies without the 24-hour notice. Administrator Butch explained the League recommended no action be taken at this time on this matter. RESOLUTIONS FROM CITY OF BURBANK & BURBANK SCHOOL BOARD RE. SUPPORT OF SCA-2 For the Council's information, Administrator Butch explained the Council had re- ceived a letter from the City of Burbank explaining the City and its school board had adopted resolutions supporting SCA-2 (State Constitutional Amendment 2), asking that mandatory bussing be run by Federal regulations only. No action was taken by the Counc i 1 . PRESENTATION BY ATTORNEY W. ANDREW BALDWIN, FRIENDS OF THE EARTH Mr. W. Andrew Baldwin, Attorney, San Francisco, representing the Friends of the ~ Earth,made an oral presentation to the Council on the necessity for developing an evacuation/emergency plan for the City in case of an accident at the Diablo Nuclear ,"". 'I",. A, 'he ,I." wIll '00' oomo "' foe Iloe',I'" .,d 'he 11ke11hood of . .. nuclear accident has not been discredited by the government, he felt the City should consider the adoption of an emergency plan in case of a nuclear accident. Mr. Baldwin then reviewed the phases to be considered in an evacuation/emergency plan, which were: (1) radiation monitors between the plant and the City; (2) the distribution of potas- sium iodine, which has to be taken before a nuclear accident; (3) developing the capa- bility to evacuate the City in a two-hour time limit. Afterwards, the Mayor thanked Mr. Baldwin for his presentation. DEPARTMENTAL MONTHLY REPORTS FOR JANUARY, 1979 Administrator Butch reviewed the Departmental Report for the month of January, 1979, noting increased activity in all Departments, especially in the Parks and Re- creation Department. REVIEW POLICE DEPARTMENT'S ANNUAL RESERVE PROGRAM REPORT FOR 1978 Administrator Butch reviewed the Arroyo Grande Police Oepartment's Annual Reserve Program Report for 1978, noting Sergeant Ed Allen is the Officer in charge of the re- serves and noting the excellent services of the reserves for the City in traffic and pol icing control. FIRST READING OF ORD. ON CABLE TELEVISION FRANCHISE - SONIC CABLE TELEVISION Administrator Butch reviewed the previous action taken by the Council on review- ing the Sonic Cable Television Franchise, by public hearing, noting the Council had directed that an ordinance be prepared for renewing the franchise for fifteen years. He reviewed the ordinance, noting it had been adapted to serve the needs of Arroyo Grande. Attorney Shipsey then gave the first reading to the ordinance renewing the cable television franchise with Sonic Cable Television for fifteen (15) years. It was moved by Council Member Gallagher, seconded by Council Member de Leon, and unani- mously carried to dispense with further reading of the ordinance. REVIEW OF LATEST LEAGUE OF CALIFORNIA CITIES' LEGISLATIVE BULLETINS Administrator Butch reviewed the latest bulletins from the League of California Cities. The League's proposal for the Ie sales tax allocation has been revised to be considered on the basis of property tax loss, sales tax income and per capita income; because of this, some of the cities in California would not be receiving any funds. This item will be brought back to the Council once more information is received. u PROGRESS REPORT ON SOUTH COUNTY AREA TRANSIT (SCAT) Administrator Butch reviewed the progress on the South County Area Transit (SCAT) system, noting that as of January, 1979, 30,000 passengers have ridden the SCAT buses, and by the end of the 1978-79 fiscal year 60,000 passengers are estimated. Passenger average per day is 195-200. The schedule now includes an early-bird schedule, and changes the transfer point for the buses to Mason Street. Also, a designation survey is being conducted on the b~ses by Cal Poly transportation engineering students. PUBLIC HEARING ON APPEAL OF LOT SPLIT CASE NO. 78-300, KIRKPATRICK Administrator Butch explained this was an appeal, by Mr. F. J. Ki rkpatrick, of the Planning Commission's decision of January 2, 1979, on Lot Split Case No. 78-300, which was to approve Lot Spl it Case 78-300 on Printz Road, where no City water/sewer services are available, on the condition that a covenant be recorded on the map pro- hibiting the issuance of any building permits until City services are available. In separate action, the Planning Commission went on record in favor of relieving Mr. Kirk- patrick of this condition. The Director of Publ ic Work's recommendation of January 19, l~:r(~}.1979, noted there are several H acre lots, which are not located in confined areas, ~\k>.."'/where..wel1 interference and cummulative effects of percolation could create a problem; I "~~al~o' felt, if this request was granted, the City would be receiving similar requests ('.....\.E.."ror lot splits previously granted in this area and this might lead to S~P_tic tank and CITY COUNC I L ARROYO GRANDE, CALIFORNIA FEBRUARY .-~--r-- '[37- 137 13, 1979" PAGE 3 , , drainage problems. After this review, the hearing was opened to public comment. . Mr. F. J. Kir~patrick, Pri~tz Ro~d, spoke requesting the appeal be granted, noting the lot spl It was compatible With surrounding County area and there was an adequate water supply on the property. There is a permanent easement which divides the property from the City and he is requesting the division of the property below Printz Road. The neighbors have no objections to the division, and City services will be installed once available; however, he stated he felt he was being punished for being in an area of the City where services are not available and will not be available for many years. r There being no further public comment, the hearing was closed to audience com- ment and Council discussion ensued. There was considerable discussion on the im- plications and possible precedent being set by the approval of the appeal, i.e, will approving the request for this lot split necessitate granting similar requests for other lot spl its in that area. Upon question, Planning Director Castro reviewed that it was the policy of the Council, (used in the Lackey lot split), that the City did not want any further residential developments unless City services were avail- able. After Council discussion, it was moved by Council Member Pope, seconded by Council Member de Leon and unanimously carried that this item be deferred to the Council's next meeting of February 27,1979, to allow further time for staff to pre-, pare a report for the Counci 1 on all impl ications of this decision and that all publ ie information be put in the agenda packets for the Council. REVIEW OF BUSINESS LICENSE ORDINANCE - HELD OVER Administrator Butch requested this item be held over until a proposed business license ordinance can be brought before the Council; Council concurred. REVIEW ARROYO GRANDE FLOOD HAZARD BOUNDARY MAP FROM FEDERAL INSURANCE ADMINISTRATION City Engineer Karp reviewed a schematic map prepared by the Federal Insurance Administration on the flood hazard areas in Arroyo Grande. He reviewed the main flood areas in Arroyo Grande and noted other flood areas wi 11 be included on the map. This;1 map is primari ly for the lending associations and purposes of flood insurance. 'I REVIEW OF COUNTY AREA COUNCIL OF GOVERNMENTS MEETING ON FEBRUARY 7, 1979 Planner Sullivan gave an oral report to the Council on the recent meeting of February 7, 1979. He noted the Clean Air Attainment/Maintenance Plan was adopted. Also, a tentative date has been set on the hearing for the Fair Share Housing Al10ca-j tion on March 15, 1979. After review, it was moved by Council Member Pope, seconded, by Council Member de Leon and unanimously carried that the Fair Share Housing Alloca-,; tion Plan be submitted to the Planning Commission for study and then brought back to the Council for review. ADOPT RESOLUTION NO. 1343 COMMENDING HELEN COOPER, CHANNEL COUNTIES DIVISION OF LEAGUE Administrator Butch explained that Helen Cooper has provided outstanding service~ to the City Administrator and the Mayor in her services to the Channel Counties' Divit sion of the League of Cal ifornia Cities and to the City of San Buenaventura. Mr~ Coop~r is now retiring from the City of San Buenaventura, and the Administrator and Mayor wer~ requesting the Council adopt a resolution commending Mrs. Cooper for her outstan9- ing service over the years. Administrator Butch then read the title of the resolution commending Helen Cooper for her services to San Buenaventura and the Channel Counties,; Division of the League of California Cities. It was moved by Council Member Gallagher, seconded by Council Member de Leon and unanimously carried, to dispense with further~ reading of the resolution. ~ r RESOLUTION NO. 1343 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE COMMENDING EXECUTIVE ASSISTANT TO THE CITY MANAGER, HELEN COOPER, FOR HER OUTSTANDING SERVICE TO THE CITY OF SAN BUENA- VENTURA AND TO THE CHANNEL COUTNIES' DIVISION OF THE LEAGUE OF CALIFORNIA CITIES. I On the motion of Council Member de Leon, seconded ~y Council Member Smith and on the j following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Gallagher, de Leon, Pope, Smith and Mayor Mill is. None. None. the foregoing resolution was passed and adopted this 13th day of February, 1979. ,I 1 II I 1~~ ~UUrl\.IL ARROYO GRANOE, CALIFORNIA FEBRUARY 13, 1979 PAGE 4 RESOL. 1344: SUPPORT PRESENT SYSTEM OF TERRITORIAL RATING FOR AUTOMOBILE INSURANCE Administrator Butch explained there was a proposal in the State Legislature to change the territorial rating systems for automobile insurance, so that the costs would be uniform throughout the State. This would increase automobile insurance for the Citizens in Arroyo Grande by about forty percent (40%). Staff's recommendation was that the Council adopt a resolution supporting the present equitable territorial rating system for automobile insurance and the resolution be forwarded to the Commis- sioner of Insurance and the City's State representatives. Administrator Butch then read the title of the resolution supporting the maintenance of an equitable territorial rating system for establishing automobile insurance rates. It was moved by Council Member Gallagher, seconded by Council Member Smith and unanimously carried, to dispense with further reading of the resolution. RESOLUTION NO. 1344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, SUPPORTING THE MAINTENANCE OF AN EQUITABLE TERRITORIAL RATING SYSTEM FOR DETER- MINING AUTOMOBILE INSURANCE RATES. ~ On the motion of Council Member de Leon, seconded by Council Member Gallagher and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Gallagher, de Leon, Pope, Smith and Mayor Millis. None. None. the foregoing resolution was passed and adopted this 13th day of February, 1979. PROGRESS REPORTS: FIRE STATION; COMMUNITY BLDG.; STROTHER PARK; ELM ST. SPORTS COMPLEX Administrator Butch advised the appraisals on possible sites for the relocation of the FIRE STATION should' be ready for the Council at their next meeting on February 27, 1979. There is nothing to report on the COMMUNITY BUILDING at this time. On STROTHER COMMUtllTY PARK, City Engineer Karp explained the bids on the Huasna Road/Strother Park Improvements were opened on February 8, 1979, at 2:00 P.M., with seven bids submitted. The low bid was $74,237.00 from J. M. Bouzard Construction Company of Santa Maria. The redesigning of the park added approximately 3/4 acre of green, thus decreasing the pav- ing needed, and increased the parking facilities by 50%. After this review, it was moved by Council Member de Leon, seconded by Council Member Gallagher, and unanimously carried, to accept the bids on the Huasna Road and Strother Park Improvements and award the contract to J. M. Bouzard Construction in the amount of $74,237.00, contingent upon execution of appropriate documents, provision of the necessary bonds and meeting 1 icen- sing requirements. It was requested by the Council that the necessary traffic control for the park and Huasna Road be sent to the Parking and Traffic Commission for their study. On the ELM STREET SPORTS COMPLEX, the Sports Associates are working on the restroom/concession stand. Also, the Greater Pismo Beach Kiwanis Club has made it their project to raise funds for the Sports Complex by setting a radio day to sell advertising on the radio; they expect to raise from four to five thousand dollars from this activity. CLARIFICATION ON RANCHO GRANDE COMMERCIAL/RESIDENTIAL DEVELOPMENT - RON BENNETT Administrator Butch explained two letters had been received from Mr. Ronald Bennett asking for time on the Council's agenda to discuss the development of a Regional Shop- ping Center on the Rancho Grande Properties' commercial development. Mr. Stan Abbott, U Rancho Grande Properties, spoke to the Counci I requesting clarification on the Council's . request for a regional shopping center and asking that this commercial development be considered separate from the residential development of the Rancho Grande Properties. Mr. Abbott explained the developers were under the impression that the processing of the tentative map was to be stopped unti I the study on the regional shopping center was completed. He asked if the tentative map could be processed pending completion of the study. Mayor Mil I is explained his suggestion to consider a regional shopping center in the development of the commercial area of the Rancho Grande Properties, was not meant to hold up the residential development on the Rancho Grande Properties. After brief discussion, it was moved by Council Member Pope, seconded by Council Member de Leon, and unanimously carried, that the City divide the two elements of the Planned Develop- ment and allow the applicant to proceed with the residential portion at this time and that the City accept Mr. Bennett's letter and place it on fi Ie so that in the future if any roadway has to be relocated, it be relocated at the time the Commercial develop- ment goes in, at the cost of the Rancho Grande Properties. REPORT ON SAN LU I S OB I SPO COUNTY WATER RESOURCES ADV I SORY COMM I TTEE City Engineer Karp gave an oral repQ~t on the County Water Resources Advisory Com- mittee noting two items were discussed:' tf)e California Water Project; Ad hoc Committee's recommendation that a letter be drafted to all agencies in the committee summarizing \'11' \,VVIHdL. ARROYO GRANOE, CALIFORNIA -- - I . ') Q l10....; '~,tllKUI\KY Ij, J~l91' PAGE '5 I in March on the :Ca 1 i fornla:' deci de whet he r ,or not to " ~the progress made at this point. Santa Barbara wi 11 vote ~ater Project and then San Luis Obispo County will have to follow through with the State Water Project. -.-'1 AUTHORIZE FIRST PROGRESS PAYMENT TO R. BAKER CONSTRUCTION CO. RE. WESTERN ADDITION City Engineer Karp explained the work on the Western Addition to replace the water and sewer lines has begun, with most of the equipment on site. Th:is request for payment to the contractor is for services through January 31 1979 which in- cludes providing materials and installing the sewer line on Corn~all A~enue. Engineer Karp explained the total value of the work (39%) was $20,640.75, less a :lO% retention" fee 0: $2,064.08, making the total due to.the contractor $18,576.67. It ,was moved by: Council Member de leon, seconded by Council Member Gallagher and unanimously carried' that the City Council authorize the first payment to R. Baker Construction ,Company i~, the amount of $18,576.67, for the first phase of the water and sewer line 'replacement, on the Western Addition. r Council Member Pope gave his commendation to the high quality of work and courtesy shown by the employees of the R. Baker Construction Company. PROGRESS REPORT ON THE SOUTH SAN lUIS OBISPO COUNTY SANITATION DISTRlCT Administrator Butch reviewed the monthly report for the South San Luis Obispo County Sanitation District for January, 1979. Also, the Council had received copies of the revenue and expenditure report for the second quarter in the 1978-79 fiscal year. He explained the Board of Directors would be holding a meeting .on February 14, 1979, for the purpose of considering the plans and specifications for the ocean outfall line and to authorize the calling for bids. He also noted the need for dIesel standby power at the treatment plant in case of'power blackouts, as recently demonstrated in' , a power outage at the treatment plant. PROCLAMATION FOR LEROY CHATFIELD, CALIFORNIA CONSERVATION CORPS Administrator Butch 'explained Mr. Leroy Chatfield, head of the California Conser~ vat ion Corps, was be'ing honored upon his reti rement, for his outstanding service to the Corps., The City was requested to help honor Mr. Chatfield for his services in the development of the'Village'Green Park in Arroyo Grande, the Erosion Control Project " for Arroyo Grande, participation in the Site Development for Strother Community Park, and the clearing of many creeks in Flood Control District No.9, including Arroyo Grande Creek. Mayor Millis explained he had signed the Proclamation honoring Leroy Chatfield for his excellent service with the California Conservation Corps; copies of the proclamation were made available to the Council. NOT I CE OF I NTENT TO NOM I NATE MRS. JUDY TAPPAN TO SOUTH COUNTY HUMAN RElAT IONS COMM I SS'I ON Mayor Millis explained the City has one position open on the South County Human, Relations Commission and it is his intent to nominate Mrs. Judy Tappan to that position at the Council's next regular meeting. ' FENCING OF DRAINAGE PONDS Upon question from Council Member Smith, staff explained the Poplar Street drain~ age pond has not yet been fenced, as the grading is not completed, but it will be fenced in the near future. Discussion continued on the status of fencing all drainage ponds in the City, with special reference to the Oak Hill Road drainage pond. Staff explained all drainage ponds on City property will be fenced, if they are not already' fenced. Also, the City is looking into indemnification on drainage ponds located on private property, as the City cannot force a private owner to fence his property. r COUNCIL APPEAL OF PLANNING COMMISSION DECISION - HARRIS & COCKS USE PERMIT CouncIl Member Smith expressed concern about the Planning Commission's decision to approve a Use Permit for open pipe storage requested by Ron HarrIs and Orin Cocks at the Commission's meeting of February 6, 1979. Council Member Smith was concerned about the open pipe storage and asked about the necessary procedure for bringing a Planning Commission decision up for Council review and possible action. There was considerable discussion on the best method for ~ringing this matter before the Council. After considerable discussion, it was moved by Council Member Pope, seconded by Coun-, cil Member Smith and unanimously carried, that the City Council look into the Planning Commission's decision to approve the Harris and Cocks' Use Permit for Open Pipe Storage taken on February 6, 1979. After further discussion, on the advice of the City's Attorney, it was the concensus of the Counci 1 that an appeal of the Planning Comm~s- sion's decision on this use permit be filed, to bring the matter before the Councl I; it was the opinion of the City's Attorney that the appeal could be filed by one of the Counci 1 Membe rs. Mayor Millis expressed concern with notification of Planning Commission actions taken on the meetings previous to Council meetings. As the minutes are not ready by the time of the Counci 1 meeting, he requested a summarization be prepared of all Planning Commission actions taken at the most current meeting; staff concurred. , ''''! I 140 C!TY COUNC I L ARROYO GRANDE, CALIFORNIA FEBRUARY 13, 1979 PAGE 6 REQUEST FOR CLARIFICATION OF COUNCIL'S ACTION ON ISSUE OF PORNOGRAPHY - FORTSON Mr. Jim Fortson, 139 Rosewood, questioned the Council on previous action he felt the Council had taken in approving the writing of a letter to the Chamber of Commerce instructing the Chamber to write to local merchants asking for voluntary removal of pornographic material from their stores. Mayor Millis explained this matter had been researched and the only action ever taken by the Council was a declaratory statement that the City Council is against pornography, made by minute, motion on October 10, 1978. Mr. Fortson then asked the Counci I if the Counci 1 would wr i te the 1 etter to the Chamber of Commerce. I t was the consensus of the Counc i 1 that this matter of voluntary control of pornography be handled through the Up With Families Committee and that the Council would take no further action than that of the declaratory statement already made and the sample ordinance under study by the City's Attorney and the League on control of pornographic films at local theatres. Upon question from Mr. Fortson, each Council Member reaffirmed their personal stand against pornography. No further action was taken. SIDEWALK, CURB AND GUTTER SURVEY Council Member Gallagher questioned the progress made on the the City which are not serviced by sidewalks, curbs and gutters. plained staff is working against time constraints; priorities for set every year and priorities have been met for this year. survey of areas in Engineer Karp ex- these services are ~ ADJOURNMENT There being no further business before the Council, it was moved by Council Member Pope, seconded by Council Member Smith and unanimously carried, that the meeting be adjourned at 10:04 P.M. ATTEST: ~A1~' ~ ~.t\O,,^ DEPUT CITY CLER . " ~