Minutes 1979-03-13
148
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
MARCH 13, 1979
7:30 P.M.
'The City Council met in regular session with Mayor Ma~k Millis presiding.' Upon roll
call, Council Members Matt Gallagher, Jr., Gabe de Leon, Hugh Pope, Jr., and B'Ann Smith
reported present.
APPROVAL OF MINUTES
On the motion of Council Member Smith, seconded'by Council Member Ga11aghe~, and
unanimously carried, the minutes for the meeting of February.27; 1979, were approved as
subm i tted.
APPROVAL OF WARRANTS
It was moved by'Council Member de Leon, seconded by Council Member Gallagher and
unanimously carried, that Demand Warrants No. P612 to P625 and 10321 to 10393, in the
amount of $137,212.50, and Payroll War~ants No. '13523 to 13624, for a G~and Total of
$180,777.25, were approved as submitted and ordered paid.
RECOGNITION OF KHATCHIK H. ACHADJIAN, 1978 ANNUAL SHELL STAR IMAGE AWARD WINNER
Mayor Mi 11 is recognized Arroyo Grande businessman Khatchik H.' Achadj ian, owner of
the Arroyo Grande Shell Station on Grand Avenue, upon being the State Winner'of the
1978 Annual Shell Star Image Award. Khatchik was congratulated for having the clean-
est, best landscaped and best service of all Shell stations in the State of California.
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APPROVAL OF CONSENT AGENDA ITEMS
On the motion of Council Member'Gal1agher, seconded by.Counci1 Member de Leon,
and unanimously carried', the fo'llowing Consent Agenda Items were approved as recommended
by Administrator Butch:
A-l. Request that the Mayor Proclaim the Week of March 11-17, 1979, as "NATIONAL EMPLOY
THE OLDER WORKER WEEK." RECOMMEND MAYOR PROCLAIM.
A-2. Request that the Mayor Proclaim the Week of March 11-17; 1979, as "CAMP FIRE
BIRTHDAY WEEK IN ARROYO GRANDE." RECOMMEND MAYOR PROCLAIM.
RECEIPT OF DEPARTMENTAL REPORTS FOR FEBRUARY, 1979'
The Council reviewed copies of the Departmental Reports for February, 1979. Council
Member de Leon commended Parks and Recreation Director Keisler for the work he has been
doing.
ADOPT ORDINANCE REVISING BUSINESS LICENSE FEES
Administrator Butch reviewed for the Council the proposed ordinance which would re-
vise business license fees by standardizing rates for retail and wholesale businesses,
along with professional/service-oriented businesses, manufacturers, plants and transfer
(trucking) businesses. Administrator Butch then read the title of the ordinance stan-
dardizing business license' fees. It was moved by Council Member Gallagher, seconded by
Counci 1 Member de Leon and unanimously carried to dispense with. further reading of the
business license ordinance.
ORDINANCE NO. 190 C.S.
AN' ORDINANCE' OF' THE CITY OF ARROYO GRANDE AMENDING
ARTICLE 4 OF TITLE 3 OF THE ARROYO GRANDE MUNICIPAL
'CODE R'ELAT I NG TO "BUS I NESS LI CENSE FEES:
AYES:
NOES:-"
ABSENT:
Counc i 1
None:
None".
Me~bers Gallagher, de Leon, Pope, Smith and Mayor Millis.
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On the motion of Council Member de Leon, seconded by Council Member Gallagher, and on
the following roll call vote, to wit:
the foregoing ordinance was passed and adopted this 13th day of March, 1979.
NOTICE OF PUBLIC HEARING: REZONING CASE NO. 79-125, EAST CHERRY AVENUE (MARSALEK)
Administrator Butch informed the Council that a public hearing has been set for
March 27, 1979, at 8:00 P.M., in rezoning Case 79-125,590 and 536 East Cherry Avenue
from Residential Agricultural to Single Family Residential, (Marsa1ek).
ESTABLISHMENT OF CLASS I I BICYCLE PATHWAY ON JAMES WAY
Administrator Butch reviewed the Planning Commission's recommendation for a Class II
Bicycle Pathway on James Way, i.e. striped bicycle lane marked with either signs or sten-
ciling. After review, is was moved by Council Member Pope, seconded by Council Member
de Leon and unanimously carried that the City establish a Class I I Bicycle Pathway on
James Way.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
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MARCH 13, 19179
PAGEj'2
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CHALLENGE OF COG'S FAIR SHARE HOUSING ALLOCATION PLAN
Planning Director Castro reviewed the Fair Share Housing Allocation Plan from the'
San Luis Obispo County Area Counci 1 of Governments (COG). He explained, 'upon checking
with COG, he was advised that' if the Council was unsatisfied with/or has any Teserva-I
tions about the'allocation, the Council should challenge COG on the figures in the'
Plan. He'also explained that in order to meet the allocated figures, 45~ of all' new 1
homes built would have to be for low-income residents'. After discussion, it was moved
by Counci 1 Member de Leon, seconded by Counci I Member Gallagher, and unanimously car-;'
ried, that the Council submit a formal challenge to the San Luis Obispo County Area
Council of Governments on the allocat ion figures' and that the City's representat ive to
COG be instructed ,to inform COG that the allocation figures are unreasonable and re- "
quest COG to rewrite the South County Area Plan to develop allocations' that are more
reasonable for this area.
TENTATIVELY APPROVE LAND USE ITEM NO. 28: GRANDMOTHERS' PARK & FULLER-DAVINO PROPERTY
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ITEM 28: PLANNING COMMISSION RECOMMENDATION; ,Re.-a66bun ;theiJt pf1.e.v..i.Oul> pO.6U..i.on ;tha;t:
;the. GMndmo;theJl.6' Mobile.home. PMk be. fube.te.d nM h..i.gh de.May f1.e..6..i.de.n.:U.a.e. and ;the. Fulle.Jr.-
Vav..i.no pf1.OpeM:y be. .tabe.te.d nOf!. ;the. me.d..i.um h..i.gh de.May f1.e..6..i.de.n.:U.a.e. Of!. R-G-V.
, Administrator Butch reviewed for the Council action taken at their last meeting
to refer Item 28 back to the Planning Commission with the recommendation that the
Grandmothers' Mobilehome Park be classified high density residential and'the Fuller-'
Davino property be classified medium low density residential. He'then explained the
Planning Commission had considered this item at their,meeting of March 6, 1979, and
had re-affirmed' their previous recommendation, i.e. high density for the Grandmothers!
Mobilehome Park and medium high density or R-G-D for the Fuller Property. This item:
was now before the Council for final decision. After discussion, it was moved by
Council Member Gallagher, seconded by Council Member Smith and carried, to tentatively
approve classifying the Grandmothers" Mobilehome Park as high density,' the Fuller-Davino
property as medium low density, and staff be instructed to prepare a resolution for
the approva 1 of "tems 28 and 40, the Grandmothers' Pa rk, 'the Full er-Oav i no property and
the property between Bennett Avenue, North'Halcyon Road and Grand Avenue.
CONDITIONS ON CONSTRUCTION OF SCHOOL DISTRICT OFFICES ON ORCHARD AVENUE
Council Member Smith asked about the conditions placed on'the construction of the
School District Offices on Orchard Avenue, and if drainage plans were required.' Plan"'
ning Director Castro eXplained the architectural plans were approved subject to plansl
as presented by the District, including elevations, landscaping, parking and grading.:
The'drainage swale, which,will diagonally cross the school'property, sti,ll has' to come
back to meet engineering and street improvement requirements. The Commission felt, th~
improvements should be done as soon as possible, with no continuous extensions. 'Drain-
age plans will be completed prior to approval of the tentative map. Circulation plans
have not been finally resolved at this, time,'
PUBLIC HEARING ON USE PERMIT CASE NO. 78-278, HARRIS & COCKS - WITHDRAWN
Administrator Butch explained the City had received a letter from Mr. Harris re-
questing the' Use Permit Application for Open Pipe Storage be withdrawn as the applicant
had withdrawn the request for use of the property. Because the permit had been with-,
drawn, it was recommended that Counci I Member Smith be re'imbursed' for her $50:00 appeal
fee. On the motion of Council Member Gallagher, seconded by Council Member de Leon, '
and on the following roll call vote, to wit: AYES: Council Members Gallagher, de Leon,
Pope and Mayor'Mi'llis; NOES:' None. ABSTAIN: Council Member Smith;'the Council authl
orized the reimbursement of the $50.00 appeal fee to Council Member Smith.
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PUBLI C HEAR I NG: REZON I NG CASE 79-123, 1122 & 1160 EL CAM I NO REAL FROM "A" TO "P-D"
Planning Director Castro reviewed Rezoning Case No. 79-123, which would rezone'
1122 and 1160 El Camino Real from "A" Agricultural District to "P-D" Planned Development.
He explained the Council had considered thIs' item before and had denied the application
without prejudice on the basis that the wording in the proposed'ordinance was unsatis~
factory to the developer. Since then, staff met with the appl1cant who has reconside~ed
his position and is willing to have the wording in the ordinance specifying the property
be used solely for commercial purposes. The Planning Commission felt this property is
best suited for commercial development and the Planned Development District allows for
control on commercial development of the parcel., Also, in the interest of conformity
and flexibility, both Rancho Grande and the Fagan/Gifford properties should be under
Planned Development.' After this review, Mayor Millis opened the'public hearing to
aud'i ence comment.
MR. PAT GIFFORD, MONTECITO and MR. PAT FAGAN, PASADENA, owners of the properties"
both spoke noting they were in agreement with the Planning Commission's recommendation
of commercial use for the property and confirming that if these parcels were excluded I
from Planned Development status, spot zoning would occur.
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CITY COUNCIL
ARROYO GRANOE, CALIFORNIA
MARCH 13, 1979
PAGE 3
There being no further comment, the hearing was closed to public comment and Council
discussion ensued." It was the general consensus of the Council that these properties
should be under Planned Oevelopment, with the stipulation that it will be used for com-
merci"al purposes. After C1iscussion, it was moved by CounCi 1 Member" Pope, seconded by "
Council Member de Leon, and unanimously carried that this matter" be continued as an
agenda item for the Council's next meeting and that a proposed ordinance on this rezoning
be prepared and the applicant be g"iven time to review and initial the ordinance", if it
is acceptable."
REQUEST FOR ZONING OROINANCE CLARIFICATION ON" 570 LEMON" LANE, RICHARO LEMON
Administrator Butch read a letter from Stephen Cool, Attorney for Richard Lemon,
requesting clarification on the Zoning Ordinance which requires the paving of the road to
the Lemon property. Administrator Butch also read a letter from Mr. Anderson on the re-
quirements for paving the road.
Mr. Lemon then presented pictures and a list of residences in the City limits with
unpaved private roads. On this basis, Mr. lemon felt that in requiring him to pave his
private road, this matter was being used as a precedent setting case.
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Planning Oirector Castro explained staff had not been given an opportunity to re-
view the cases on the list and asked that this matter be held over to the next Council
meeting to allow time for staff to study the evidence" presented by Mr. Lemon. On the
motion of Council Member Ga11agher~ seconded by" Council Member de Leon and unanimously
carried, this matter will be considered at the Council's next"meeting to give staff time
to study the information presented. Council Member Pope requested staff prepare a"
chronological" report on the requirements"that"were in force when this building permit
was issued", and" any amendments since then to the building permit" ordinance". ""
REQUEST FROM CITY OF"ARCAOIA FOR" FUNOING THE CHALLENGE TO FEES & TAXES
Administrator Butch explained Mr. Paul Gann (Prop. 13) challenged the" Cit~ of "
Arcadia on various fees" and taxes they adopted between June 6, 1978, and July I, 1978;
the City of Arcaaia was requesting financial support from various cities to finance this
challenge. It was the consensus of the Council that this request was inappropriate and
no action would be taken by the Council.
AOOPT RESOL~ OPPOSING INCLUSION OF A. G~ IN COASTAL COMMISSION'S BOUNOARY CHANGES
Administrator Butch explained the City has been advised by the Coastal Commission
that Arroyo Grande would not be included in the proposal to change the boundaries of
the" Coastal Commission. He" recommended the Council" still"go on record opposing any
present or future efforts to include Arroyo Grande in the Coastal" Commission. Aaminis-
trator Butch then read the entire Resolution opposing the inclusion of parts of Arroyo
Grande in the" Coastal bounaaries.
RESOLUTION NO. "1347
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANOE
STRONGLY" OPPOSING PROPOS EO STATE OF CALIFORNIA COASTAL CONSER-
VATION COMMISSION, SOUTH CENTRAL COAST REGION EFFORTS TO INCLUDE
PORTIONS OF THE CITY OF ARROYO GRANDE IN"THE" COASTAL COMMISSION.
On the motion of Council Member Gallagher, seconded" by Council Member de Leon, and on
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Gallagher,:de Leon, Pope, Smith and Ma~or"Millis.
None.
None.
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the foregoing resolution was passed and adopted this 13th" day of March, 1979."
Administrator Butch advised the Council that the Arroyo Grande Chamber of Commerce
has gone on record opposing the inclusion of Arroyo Grande In the Coastal" Commission.
The meeting on this matter wi 11 be held on March 23, 1979, at 1 :15 P.M. in the Super-
visors"' Chambers in San Luis Obispo.
REVIEW ENERGY UTILIZATION AUDIT FROM P. G. & E. RE. CITY FACILITIES
Administrator Butch explained P. G."& E. made an energy audit on"the City's facili-
ties and provided ideas to decrease energy consumption, one of which was changing the
flourescent"1 ights" to 1 ights that would use less energy. "The City is in the process of
checking into implementing this new lighting system. On the motion of Council Member
de Leon, seconded by Council Member Gallagher and unanimously carried, staff was
instructed to do all they can to"conserve energy." "
RECEIPT OF LATEST LEAGUE OF CALIFORNIA CITIES BULLETINS
Administrator Butch briefly" presented the latest bulletins from the League of
Ca 1 i forn i a C i ties.
CITY COUNC I L
ARROYO GRANDE, CALIFORNIA
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MARCH
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LETTER OF REQUEST RE . OUTER CONT I NE'NTAL SHELF LEASE SALE 'NO. 53
Administrator Butch explained the City received a letter from Supervisor Kurt I
Kupper, asking the City to adopt a resolution ensuring local economic and environmental
interests are protected if proposed Sale Lease No. 53, for oil development, is approved.
He then, explained this matter has been held off for 3 or 4 years and no actJon may be
necessary. ,This matter was held off indefinet1y. '
PROGRESS REPORTS: FIRE STATION; COMMUNITY BLDG.; STROTHER PARK; ELM ST. SPORTS COMPLEX!
Fire Station: Administrator Butch reviewed the two proposed sites on Hal~yon Road
and Wesley Avenue for the relocation o'f the Fire Station. He noted problems faced in ,I
parking, accessability to volunteers during response calls, size of the facility, desire
to retain a volunteer department with only one faci I ity, and .response time. H~ explaihed
the volunteers had reviewed the two 'sites with the idea of which would 'best serye t,he
City of Arroyo Grande. Assistant Fire Chief Collett presented a graphic view on the "-
location of the sites and the response time' and distances from each site. There was con-
siderable discussion between staff and Counci 1 on the location of the station, the "
potential for each site, the cost involved in relocating the stati'on and the commercial
aspects to be considered on the Wesley, property'. ,Administrator Butch n'oted the Wesley,!
property is for sale" but an appraisal, has, not been obtained; the 'Halcyon property is '
for sale and the City has an appraisal on the land. After considerable discuss'ion, it'
was moved by Council Member Gallagher, seconded by Council Member de Leon and unanimously
carried, that when the Council meeting adjourns it adjourn to Thursday, March 22, 1979,
at 7:.30 P.M., in the Counci I Chambers of the, City Hall for a special study session on ,I
the two sites for relocation of the F(re Station, and that in the meantime staff get a,i
full eva1uation'on the Wesley property, including fair market price, site preparation '!
costs, value of the back half of the property, the real estate office and the paint "
shop., Council also requested the volunteer firemen be invited to this meeting.
Community Bui lding: Administrator' Butch explain~d t'h~ Communi'ty Bui lding Commfttee
requested a meeting with a Planning Commissioner and Council representa,tive to discuss,1
the cost and planning for this project. Mayor Millis appointed Council Member, Gallagher
as the 'Counci l' s representative and lnstructed him to set the meeting as soon, as possi,~le.
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Strother Park: Parks 'and Recreation Director Keisler gave a revi~Wi-', 9( t,he pro-ii'
gress on the Strother Community Park, noting grading will beging April 2, 1979 and light-
ing plans are being discussed. Chuck Richmond, P. G. & E., spoke on the new yellow-glow
lights being installed in many areas, noting, the lights take 40% Jess energ~ to operat,.
Elm Street Sports Complex: Parks and', Recreation Director Keisler exp,'lained that "!
before bids are taken on the tennis courts for the Complex, the Council should conside~.
retaining an architect to design the courts to insure they are specifically designed ::
for this area. The City has funds for six tennis courts. It was also requested that .'
the President of the Sports Associates' be invited to. the next Counci 1 meeting. to review
the progress on the Sports Complex.
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REVIEW PROPOSED ORDINANCE FOR COUNCIL'S APPEAL OF COMMISSIONS' ACTIONS
Admin.istrator Butch explained a proposed ordinance WaS drafted to allow the Counci:!
to review any decision or action taken by one of the Commi ss,ions , without having to fi Ie
and pay appeal .fees. The Counc.i1 discussed, the proposed ordinance with the folfowing I,
changes noted: the '14-day .f i ling 1 i m i t be changed to 10 days; the' word appea 1 be sub-
stituted for the word review wherever used; that this apply to the Commissions and not
City officials. . After this review, the attorney was instructed to rewrite the ordinance
and present it again at the-C~un~i1 '~'ne~t meeting.
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RECE'I PT 'OF BIDS ON HALCYON ROAD, FA I R OAKS AVENUE AND THE PIKE IMPROVEMENTS
City Engineer Karp explained the City had received eight bids on the construction '!
of Halcyon ,Road from Fair Oaks to The Pike, and Fair Oaks Avenue from the Bridge to
Todd Lane. The work includes street widening, grade corrections and correction of .,
sight-distance problems. On the motion of Council Member de Leon, seconded by Council
Member Gallagher and unanimously carried, the contract on parts of Halcyon Road, The
Pike and Fair Oaks Avenue, was awarded to low bidder Sully-Miller in the amount of
$127,278.00
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CITY,COUNCIL
ARROYO GRANOE, CALIFORNIA
MARCH 13, 1979
PAGE 5
LETTER FROM CLINT MILNE RE. CALIFORNIA WATER PROJECT, TENTATIVE SUBSCRIPTIONS
Administrator Butch reviewed a letter from Cl int Mi lne, County Engineering, on tenta-
tive subscriptions for the Ca1 ifornia Water Project. It was the consensus of,..the Counci 1
that the tentative subscription was no longer applicable as the Water Project did not pass
the election in Santa Barbara County.
AUTHORIZE MAYOR ANO CITY, CLERK TO SIGN FEOERAL AID OFF-SYSTEM PROJECT AGREEMENT..
City Engineer Karp, explained that for the City to receive Federal improvement funds
on City roads off the Federal Aid. System, the Council should approve the Federal Aid
Off-System Agreement. On the motion of Council Member Gallagher, seconded by Council
Member Smith and unanimously carried, the Council approved the City-County Agreement on
Federal Aid .Off-System Projects and authorized the Mayor and City C'lerk to sign the
ag reement.
APPROVAL OF LOT SPLIT CASE NO. 79-306 (GERRISH) ~.-
City Engineer Karp reviewed Lot Spl it Case No. 79-306, noting the lot, sp1 it .is a
lot-line adjustment for two parcels at 1350 and 1354 Grand Avenue. After review, it was
moved by Council Member de Leon, seconded by Council Member Gallagher .and unanimously
carried, that the Council find that Parcel' Map AG-79~056 is consistent with the General
Plan and with City Zoning and that the Council approve Parcel Map AG-79-056.
PROGRESS REPORT ON THE SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
Administrator Butch noted there was noth,ing to. report on the operation .of the plant.
The District held a pre-bid meeting for the ocean outfall 1 ine on March .13, 1979. Bids.
will be received and opened on March 21, 1979.
NOTICE OF PUBLIC HEARING ON APPEAL OF PLANNING COMMISS.ION INTERPRETATION
Administrator Butch explained a public hearing has been set on March 27, 1979, on
an Appeal by.Robert Garing on the Planning Commission's decision to uphold staff's In-
terpretat.ion on. the method of calculating density for Proposed Subdivision No. 810, on
Halcyon Road at Todd Lane and Ol~ve Street.
REQUEST BY TOM FISHER ON CANYON WAY IMPROVEMENT OISTRICT
Upon question by Tom Fisher, 565 Gaynfair Terrace, the proposed Canyon Way, Improve-
ment D~strict will, be placed on the Council's agenda for the next meeting.
QUESTION ON POPLAR ZONING (HOGAN).
Upon question from Mr. Karl Hogan, 1255 Poplar, Planning Director Castro explained
the rezoning on Poplar. Street is being brought before the, P.lanning Commission.
COUNC I L MEMBER SM ITH RES I GNS FROM UNDERGROUND UT III TY D ISTR I CT; .POPE APPO I NTED
Council Member Sm,ith explained she wished to re.l inquish. her seat on the. Underground
Utilities Oistrict as she already has a full calendar. Mayor Millis accepted her re-
signation and appointed Council Member Pope as the Council's representative to the Under-
ground Utilities District.
RETENTION OF ALL CITY COUNCIL MEETING TAPES
After discussion, it was moved by Council Member Pope, seconded by Council Member
Smith and unanimously carried, that the tapes for all City Council meetings be kept for
a. per'iod of three years, unless State law requires more.
REPORT ON NEW WATER RESERVOIR
. City Engineer Karp reported' on the new. water reservoir and .water plans' being done
by Engineering Science: This item will come back to the Council when a site for the
reservoir is recommended.
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ADJOURNMENT
There be i ng no further bus,i ness before the Counc i 1, it. was moved. by Counc i I Member
Gallagher, seconded by Council Member Smith and unanimous,ly carried, that the meeting
be adjourned at 10:27 P.M., to a special meeting on the fire station relocation on
March 22, 1979, in the Council Chambers of the Arroyo Grande City .Hal1.
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. DEPUTY CI Y CLERK. '.
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