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Minutes 1979-04-10 CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 10, 7:30 J )1 r-q ~~ 0v II 19179 P.~. Ii 'roll J r ~ Ii' !i I' ,'i " and il app roved ii " , The City Council m~t In regula~ session with Mayor Mark Millis presiding. Upon call, Council Members Matt Gallagher, Jr., Gabe de Leon~ B'Ann Smlth'and Hugh Pope, reported present. APPROVAL OF MINUTES On'the motion of Council Member unanimously carried, the minutes for with the following correction noted: Gallagher, seconded by Council Member Smith the meetin'gs of March 22 and 27, 1979, were Minutes for March 27, 1979, Page 3, APPEAL OF LOT SPLIT CASE NO. 79-303: In the thl rd paragraph, second sentence should read "... from a letter dated March 18, 1977, to Paul Sturges from Mr. Greenwood..." I APPROVAL OF WARRANTS 'i On the motion of Counci 1 Member de Leon, seconded by' Counci I' Member Gallagher and'l unanimously carried, Demand Warrants No. 10503 to 10555 and P626 to P638, In the amount of $114,346.75, and Payroll Warrants No; 13711 to n830,' In the amount'of $44,255.92, i' for a Grand Total of $158,602;67, were approved as submitted and ordered paid. A-I. Request that the Mayor Proclaim the Week of April 23 - WEE~' in the City of Arroyo Grande. The Theme this Year Is With D~stlny." (RECOMMEND MAYOR SO PROCLAIM). APPROVAL OF CONSENT AGENDA ITEMS ii On the motion of Council Member Gallagher', seconded by Council Member de Leon and:1 unanimously carried, the followlng'Consent Agenda Items were approved as recommended by' Administrator Butch: : ,i i ~ , 27, 1979, as "PUBL I c' SCHooLls' "Public Schools -'Asslgnme~t Ii , ! A-2. Request that the Mayor Proclaim the Week'of April 15 - 21, 1979, as "PRIVATE PRO-il PERTY WEEK" In the City of Arroyo Grande. The 'Tneme".Thls Year Is "This Land Is Your Land." (RECOMMEND MAYOR SO PROCLAIM). I A-3. Request that the Mayor Proclaim the Annual Sale of Buddy Poppies; "Honor the Dead by Helping the'Llving." (RECOMMEND MAYOR SO PROCLAIM). the Theme' Belngi r Ii A-4. Request that the Mayor Proclaim the Days of April 24 - 27, 1979, as "ENERGY CONSER- VATI ON DAYS" I n the City of Arroyo Grande, and to Ask our C I t I zens to do The I r Da 11 y !, Part In the Continuing Effort to Save Energy. (RECOMMEND MAYOR SO PROCLAIM). A-5. Receipt of Status of Election to the Trl-County Commission for Senior Citizens Board of Directors and Advisory Council. (RECOMMEND RECEIVE AND(FILE). A-6. Receipt of Annual Pacific Gas and Electric Franchise Payment for 1978, $8,219.18, 1977, $7,532. (RECOMMEND RECEIVE AND FILE). A-7. Receipt of Annual Southern California Gas Company Franchise Payment for 1978, ~,745.67, 1977, $15,475. (RECOMMEND RECEIVE AND FILE). I REVIEW OF ORDINANCE ON REZONING CASE NO. 79-123, EL CAMINO REAL (GIFFORD & FAGAN) Administrator Butch reviewed the proposed ordinance on Rezoning Case No. 79-123, Ii 1122 and 1160 El Camino Real from "A" Agricultural District to "P-D" Planned Develop- ment, (Gifford and Fagan). He also distributed copies of the ordinance proposed for l this rezoning In December, 1978, when the case was first heard by the Council. Planne~ Sullivan then reviewed the new proposed ordinance noting it provides joint master plan~ for both properties, allows the development of one property ('as per master plan) shoul4, the other property owner be unable to develop his parcel, provides that' any changes tO'i the plan or land use will be a change in the ordinance which will go through the entlr~ ordinance chang~ process, and Is a fair ordinance for both property owners and the Cit%. After this review, Council discussion ensued on several additions to the'ordlnance. ' If was the consensus of'the Council that the joint master plans be approved by'an ordlnan~e of the City Councl1--this condition' to be Included in Sections 2'and 4 of the ordinan~e. It was also requested that Development Requirements 2 through 13, Section 2, In the pr6- posed ordinance of'December, 1978, be Included 'in this ordinance. After discussion, ' staff was Instructed to rewrite the ordinance Incorporating the above-noted additions, and to bring the new ordinance back to the Council for its first reading at the next regular Council meeting. DISCUSSION ON SENIOR CITIZENS"HOUSING'PROJECT, 365 SOUTH ELM STREET Administrator Butch, explained the City had received a letter from the Department of Housing and Urban Development, asking for the City's review and comments on the pro": posed Senior Citizens' Housing Project at 365 South Elm Street. The letter, dated' I March 23, 1979, from Mr. Terry Zellhart, stated a Preliminary Proposal to develop this ii project had been received by HUD for review, and the City was requested to submit any o,bjec- t,lon's to the project to HUD. After considerable discussion by the Council, on the II I! 150 CITY COUNC I L ARROYO GRANOE, CALIFORNIA APR ILl 0, 1979 PAGE 2 motion of Council Member Gallagher, seconded by" Council Member Smith and unanimously carried, staff was directed to write a letter to theOepartment of Housing and Urban Oevelopment with regards to the Senior Citizens' Housing Project on South Elm Street, in- forming HUO of the City's ordinances and the project's discrepancies in terms of density, height and parking, and that: There is an existing and projected need for this type of housing assistance for senior citizens; There are and will be" adequate public facil ities and services available to the residents of such a project; While the project does not meet local zoning ordinances and codes, the City has received 'an application from the applicants to establish a specific zoning district to allow this type of assisted hous- ing, which"will be processed through the required public hearing procedure. Council discussion then ensued on the process of Preliminary Review for proposed re- zoning cases, i.e. the practice of presenting proposed rezoning cases to the Planning Commission and City Council to determine their opinion/guidance on the cases, prior to initiation of the rezoning application process. It was the feeling of the Council that in order to prevent any possible prejudgment on proposed zoning cases, that the practice of prel iminary review by Commission or Council prior to the public hearing be disallowed. It was moved by Council Member Gallagher, seconded by Council Member Pope and unanimously carried, that the preliminary-review process for rezoning cases, before the Planning Com- mission and City Council hereafter not be allowed, that preliminary reviews be handled through staff and applicant and that rezoning cases be brought before the Planning Com- mission and City Council through the rezoning application"process. ~ APPROVAL OF FRANCHISE AGREEMENT WITH SONIC CABLE TV Administrator Butch explained the ordinance granting the franchise for Cable tele- vision service with Sonic Cable"Television is now in effect"; and that the Council should now approve the Notice of Franchise (franchise" agreement). On the motion of Council Mem- ber de Leon, seconded by Council Member Gallagher and unanimously carried, the Council approved the franchise agreement and" authorized the Mayor and City Clerk to sign the Notice of Franchise." AOOPT ORDINANCE FOR COUNCIL APPEAL OF COMMISSIONS' ACTIONS Administrator Butch gave the second reading to the ordinance allowing for City Coun- cil appeal of Commissions' actions. It was moved by Council Member Gallagher, seconded by Council Member de Leon and unanimously carried, to dispense with further reading of the ordinance. " ORDINANCE NO. 191 C. S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 4 OF TITLE 1 OF THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING SECTION 1-4.01 THERETO RELATING TO APPEALS AND BY ADDING SECTIONS 1-4.04, 174~05, AND 1-4.06 THERETO. On the motion of Council Member Gallagher, seconded by Council Member Smith 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 Ordinance was passed and adopted this 10th day of April, 1979. ~ REQUEST LEAVE OF ABSENCE: 5/14/79 TO 8/24/79 BY PLANNING COMMISSIONER RONALD HARRIS Administrator Butch read a letter of request from Planning Commissioner Ron Harris for a leave of absence from May" 14, 1979", to August 24, 1979, as he has been ordered to active military duty in Virgin.ia. There was C1iscussion between the Council and Mr. Harris, who was in the audience, on the extended period of leave, the problem of" full Planning Commission agendas for this summer period and the guaranteeing of a quorum during the summer vacation months. After discussion, it"was moved by Council Member Gallagher, seconded by Council Member de Leon" and unanimously carried that.the City Attorney" be directed to check the City's legal ramifications for granting this leave of absence. LETTER OF REQUEST RE. ZONING ON POPLAR STREET, KARL HOGAN Administrator Butch read a letter from Karl A. Hogan, 1255 Poplar Street, request- ing the Council speed up the process for the rezoning of his property located at 1246, 1260, 1256 and 1270 Poplar Street. Mr. Hogan spoke to the' Council expressing concern over the length of time involved in bringing this property into" Land Use and Zoning con- formance. Staff reviewed the process involved in bringing this property" into conformance with Land Use and Zoning, and noted the next step is to bring the Zoning into conformance with Land Use. This has to go before the Planning Commission and City Council, through public hearings. Estimated completion is around August or September, 1979. r ----, ,I , "1 ltJ~ APR I L 10, 1979 -' 'PAGE'i3 !I LETTER. RE. ADOPTION OF NON-SMOKING ORDINANCE FOR ARROYO, GRANDE - ART C. JACK II Administrator Butch read a letter from Mr. Art C. Jack, Consumers' Advisory Board! to the, Department of Health, requesting the Counci 1 consider the adoption of a non- ' smoking ordinance for the City of Arroyo Grande.. After brief discussion, it was the :i consensus of the Council that such an ordinance would be impossible to enforce and I adoption of an unenforceable ordinance was impractical. No further action was taken. ;' 'I PRESENTATION BY KURT KUPPER' RE. RESOLUTION ON LEASE SALE NO.. 53, CONTINENTAL SHELF! Supervisor- Kurt Kupper made an oral. presentation to the City Council stressing the necessity for all local governments to work together to help protect local economic an~ natural resources, with regard to Lease Sale No. 53, involving developing the outer ,i continental shelf. for oil and gas drilling, off ()f the Central and Northern California:I' coast line. He requested that,all cities and,the county work together to insure that i all aspects for protecting the continental shelf and local economy' , be taken into ,I account. to preven t any ser i ous consequences wh i ch have a I ready a risen in prev i ous ,I developments. He requested the Council consider the adoption of a resolution to coope~- ate with other local governments and the State of. California to insure that economic ahd . . -. . I' environmental concerns of this area are considered in this Lease Sale. After discussion, on the motion of Council Member de' Leon, ~econded by Council Member. Smith and unanimou~ly carried, the City Attorney was instru~ted t~ review and prepare a resolution of.coopera~ tion between the City of Arroyo. Grande, other local agencies and the State of California to insure that local and environmental concerns of this area are fully. considered and 'II protected in Lease Sale No. 53, and that the resolution be brought back to the Counci I:, at the next regular meeting. CITY COUNCIL ARROYO GRANDE, CALIFORNIA 'i I II 'I :1 'I REV I EW OF LATEST LEAGUE OF CALI FORN I A C IT I ES' BULLET I NSI Administrator Butch presented Bulletin No. 14 from the League of California Citie~ and reviewed various items of.concern in the bulletins, including: A proposal to, requi~e zoning to provide low and moderate cost housing; Continual opposition on budgeting funds to finance the enforcement of State Housing Guidelines;:A proposal that any City progrim uti I izing State funds be audited financial 1 y;c'-i3t: management level and its ,program,evalui'ted; and.elections in. hispani'c and ,black'distr:icts. -Staff.was asked to write. to State repre-s'enta- t i ves ask i ng they:vote",i Ii 'OPP05 i t ion t'o these proposill s. _ :1 ADOPT RESOL. SETT I NG PUBLI C, HEAR I NG ON ABANDONMENT OF PORTI ON OF BR I GHTON AVENUE . :1 Administrator Butch reviewed a proposed resolution setting.a public hearing, for t~,e abandonment. of a portion of Brighton Avenue in Arroyo Grande, said hearing to be held on May 8, 1979, at 8:00 P.M., in the Council Chambers of the Arroyo Grande City Hall. Hel then read the title of the resolution setting the hearing for the abandonment of a pgr-.I tion of Brighton Avenue. It was moved by Council Member de Leon, seconded by Council Member Smith and unanimously carried, to dispense with further reading of the resoluti6n. " NOMINATION OF JOHN A STEFFAN TO PARKING AND TRAFFIC. COMMISSION . Mayor Millis nominated John A..Steffan to. fill the unexpired term of Chuck Burns on the Parking and Traffic Commission; the nomination was seconded by Council Member de Leon and unanimously carried by the Counci 1. John, who was in the audience, was congratulated by the Council on his appointment; his term will run to June 30, 1981. RESOLUTION NO. .1352 A RESOLUTION OF INTENTION TO VACATE, ABANDON AND CLOSE A PORTION OF BRIGHTON AVENUE, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO"STATE OF CALIFORNIA, AND FIXING THE TIME AND PLACE FOR HEAR~ ING AS PROVIDED FOR BY STREETS AND HIGHWAYS CODE SECTION 8320, ET SEQ. r On the motion of Council Member Smith, seconded by Council Member de Leon and on the following roll call vote, to wit: ' :1 .1 , 1 ,I I NOTICE OF PUBLlC.HEARINGS: REZONING CASES 79-124' & 126; SCENIC ELEMENT OF GENERAL PLAN! It was noted there are two publ ic hearings scheduled for Apri I 24, 1979: Rezoning 'I Cas6 No. 79-124 and 79-126 involving Canyon Way, James Way and Portions of Tally Ho Road from "R-A-B-3" to "R-A-B-2"; and a hearing to consider the adoption of 'a Scenic Element o'f 1 the General. Plan. AYES: NOES: ABSENT: Counc i I None. None. Members Gallagher, de Leon, Pope, Smith and Mayor Millis. the foregoing Resolution was passed and adopted this 10th day of April, 1979. PROGRESS REPORTS: FIRE STATION; COMM. BUILDING; STROTHER PARK; ELM STREET PARK i Fire Station Relocation: Administrator Butch explained negotiations had begun with.1 Mrs. Keesaman on. the Halcyon.site, however, Mrs. Kessaman's appraiser was out of town, until the latter part of April. Mayor Millis explained, upon talking with the members, , of the volunteer Fire Department, that it was suggested the Council consider two alterni'te 152 CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 10, 1979 PAGE 4 sites for the relocation of the fire station as backup sites in case present negotiations were not successful. Two possible sites for consideration were the property on Traffic Way across from Valley Auto Service and the property next to the present Fire Station for possible expansion of the facility. After brief discussion, staff. was instructed to check into the availability, usability and cost of these two backup sites, such work to run con- currently with the negotiations for the Halcyon property. Community Building: Administrator Butch explained the Community Building Committee had met and considered rough plans for the modification of the Community Building. In- creased costs have. necessitated the scaling-down of the Community Building--the building will hold approximately 250 persons for dinner. The. Committee requested authorization to hire Jim Maul as the architect on this project. On the motion of Council Member Gallagher, seconded by Council Member de Leon and carried, with Council Member Pope dissenting, the Council authorized the. hiring of James Maul as the architect for the Community Buiiding at a fee not to exceed $15,000. Strother Community Park: Construction is underway on Strother Park. Engineer Karp explained an underground water. source had been discovered which could erode the paved parking area during times of rain; consequently, he requested the Council approve an authorization to negotiate a change order no~ to exceed $5600 to resolve this problem. On the motion of Council Member Gallagher, seconded by Council Member Smith and unanimously carried, the Council authorized the negotiation of a change order, not to exceed $5600.00, to resolve the underground water erosion problem affecting the paved parking area of Strother Community Park. u Elm Street Sports Complex: Administrator Butch noted there was.nothing further to re- port on the work at this time; groundbreaking ceremonies for the Complex took place last week. REVIEW OF DEPARTMENTAL REPORTS FOR MARCH, 1979 The Council reviewed copies of the Departmental Reports for March, 1979. APPROVE! 1978~79 AMENDED TRANSPORTATION CLAIM & 1979-80 ANNUAL TRANSPORTATION CLAIM Engineer Karp presented an oral report on S.B. 325 Claims for the 1979-80 Annual. Transportation Claim, which covers the. Regional Handicapped and SCAT transportation sys- tems, and miscellaneous street; bicycle and pedestrian street projects as shown in.the Transportation Plan,.ln the amount of $116.436,.and.the 1978-79 Amended Annual Transporta~ tion Claim to claim funds which had been held by COG for the Regional Transportation Sys-, tem, in the amount of $145,027; both Mayor and City Clerk should be authorized to sign ~, the claims.. Engineer Karp then read the title of the resolution approving the 1979-80 Annual Transportation Claim. It was moved by Council Member Gallagher, seconded by Council Member de Leon and unanimously carried, to dispense with further reading of the resolution. RESOLUTION. NO. 1353. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE 1979-1980 ANNUAL TRANSPORTATION CLAIM AND AUTHORIZING ITS SUBMITTAL.TO THE SAN LUIS OBISPO AREA COUNCIL OF GOVERNMENTS. On the motion of Council Member de Leon, seconded by Council Member Smith and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Gallagher, de Leon, Pope, Smith arid Mayor Millis. None. None. u the foregoing resolution was passed and adopted this 10th day of April, 1979. Engineer Karp then read the title of the resolution approving the 1978-79.Amended Annual Transportation Claim. On the motion of Council Member Gallagher, seconded by Council Member de Leon and unanimously carried, the Council dispensed with, further read- ing of the resolution. RESOLUT I ON NO. 1354 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE 1978-79 AMENDED ANNUAL TRANSPORTATION CLAIM AND AUTHORIZING ITS SUBMITTAL TO THE SAN LUIS OBISPO AREA COUNCIL OF GOVERNMENTS. On the motion of Council Member Gallagher, seconded by Council Member Smith and on the following roll call vote, to wit: AYES: NOES: ABSENT: Counc i 1 None. None. Members Gallagher, de Leon, Pope, Smith and Mayor Millis. -~~-I' :1 ,1.63 " . APRIL 10,1,1979 PAGE 5 'I 'I :! CITY COUNC I L ARROYO GRANDE, CALIFORNIA the foregoing Resolution was passed and adopted this 10th day of April, 1979. l 'I There was brief discussion on the transportation findings with regards to these. 'I claims. I.t was moved by Counci 1 Member Pope,. seconded by Counci 1 Member Smith and unah- imously carried that there are no unmet public transit needs which can be reasonably m~t through expansion of existing transportation systems, by establishing new systems, or by contracting for service .from carriers and others pursuant to Article 8 of the Mi Hs-Alt, quist-Deddeh Act. r APPROVAL OF THE 1979-80 HANDICAPPED TRANSIT BUDGET Administrator Butch reviewed the Handicapped Transit Budget and noted the City Clerk have to be authorized to sign the Budget. On the motion of Council Gallagher, seconded by Council Member Pope, and unanimously carried, the Mayor Clerk were authorized to .sign. the 1979-80.,Handicapped Transit Budget. 1 II Mayor and Member il and Cit~ , APPROVE THE EXCHANGE OF CITY'S ALLOCATION NO.2 OF SAFER OFF-SYSTEM FUNDS " Engineer Karp explained the Council was being requested to approve the exchange of the City's Allocation No.2 of the Safer Off-System Funds in the amount of $12,049.52,j for County Gas Tax Funds in the amount of $9,037.14. He explained these funds were being exchanged for money which the City could utilize more appropriately than the Off-Syste~ Funds. On the motion of Council Member Gallagher, seconded by Council Member de Leon And unanimously carried, the Council accepted and approved the exchange of the City's Allota- ~ion No.2 of the Safer Off-System Funds in the amount of $12,049.52, for the County's; Gas Tax Funds in the. amount of $9,037.14. 1 I " I RESOLUTIONS APPROVING FAU PROJECTS & PRIORITIES FOR. ARROYO GRANDE. Engineer Karp explained the Council was being asked to approve two resolutions--o~e approving an FAU project for the City and another determining the cooperative process 10r setting priorities on FAU projects. He explained the City will be receiving over $152;000 over the next four years (collected from gasoline tax funds by the State); because of the amount-of money and. length of time,. specific projects do not have to be designated at. ~his time. Administrator Butch then read the title of the resolution requesting approval 01 the FAU project for the City of Arroyo Grande. It was moved by Council Member Gallagher, seconded by Council Member de Leon and unanimously carried, to dispense with further r~ad- ing of the resolution. i RESOLUT I ON NO. 1355 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REQUESTING THE STATE DEPARTMENT OF TRANSPORTATION AND THE FEDERAL HIGHWAY ADMINISTRATION TO APPROVE FEDERAL AID URBAN PROJECT FOR THE CITY OF ARROYO GRANDE'S URBAN AREA. On the motion of Council Member de Leon, seconded by Council Member Pope, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Gallagher, de Leon, Pope, Smith and Mayor Millis. None. None. I the foregoing Resolution was passed and adopted this 10th day of April, 1979. I Administrator Butch then read the title of the resolution approving a cooperative:1 process for determining project priorities for FAU funding. It was moved by Council" Member Gallagher, seconded by Council Member de Leon, and unanimously carried; to dispedse I'iith:'further 'reading of the resolution. ' , ! RESOLUT I ON NO. 1356 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A COOPERATIVE PROCESS FOR DETERMINING PROJECT PRI- ORITIES FOR FEDERAL AID URBAN FUNDING. On the motion the' following AYES: NOES: ABSENT: of Council Member Gallagher, seconded by Council Member de Leon, aDd'on .roll c~}t':vot,e,: to wit: Council Members Gallagher, de Leon, Pope, Smith and Mayor Millis. None. . None. the foregoing Resolution was passed and adopted this 10th day of April, 1979. 154 CITY COUNC I L ARROYO GRANDE, CALIFORNIA REPORT ON RECENT SLO COUNTY WATER RESOURCES ADVISORY COMMITTEE MEETING, 4/4/79 There was no report on this project. APR ILl 0, 1979 PAGE 6 PROGRESS REPORT ON WATER SYSTEM AND RESERVOIR ANALYSIS Engineer Karp explained the Engineer Consultant has correlated all of the data on the water system and is doing the rough hydraulics on this project for the new reservoir. It is hoped he will have tentative recommendations on the reservoir site ready within the next week. On consensus of the Council, this item is to be placed under Administrative Reports, under Progress Reports, Item E. ORAL COMMUNICATIONS --MR. JIM FORTSON, 139 Rosewood Lane, (Up With Families) thanked the Council for their support at the Up With Fami 1 ies Banquet honoring the "clean stores" in this community. He also requested a status report on the ordinance prohibiting the showing of pornographic films in local theaters. Attorney Shipsey indicated he was still waiting for response from the League of California Cities on this matter and he would contact the League to determine the status of the research on this ordinance. --COUNCIL MEMBER Housing Projects ,these projects. GALLAGHER requested staff contact other,cities who have Senior Citizens' to determine how and/or if their ordinances were modified to allow for, He asked that this be brought back to the Council for their information. --COUNCIL MEMBER POPE requested that staff consider budgeting for reconstruction of local streets, which are in disrepair, during the budgeting process for the new fiscal year. He particularly stressed reconstruction and not repairing as he felt the City was in danger of losing the dollar value on these streets,_if t,hey ar-e'not -reconstructed soon. ADJOURNMENT On the motion of Council Member de Leon, seconded by Council Member Gallagher and unanimously carried, the meeting was adjourned at 9:40 P.M. { ~~~ ATTEST: C \Ur-~. 0 ~~A"GI'a.."'-..J , DEPUTY CITYl:LERK u