Minutes 1979-05-22
180 ~
CITY COUN~IL
ARROYO GRAND~, CALIFORNIA
MAY 22, 11979
7:30 P.M.
The City Council met in regular session with Mayor Mark Millis presiding. Upon
roll call Council Members Hugh Pope and B'Ann Smith reported present. Council Members
Matt Gallagher and ,Gabe de Leon were absent.
APPROVAL OF MINUTES
It was moved by Council Member Smith, seconded by Council Member Pope and unanimously
carried, that the minutes be approved as submitted.
APPROVAL OF WARRANTS
On the motion of Counci 1 Member Pope, seconded by Counci 1 Member Smith and unan:imous-
ly carried, Demand Warrants No. 10740 to 10814 in the amount of $93,149.68, and Payroll
Warrants No. 14017 to 14100 in the amount of $36,588.28, for a Grand Total of $129,737.96,
were approved as submitted and ordered paid.
APPROVAL OF CONSENT AGENDA ITEMS
On the motion of Counci 1 Member Pope, seconded by Counci 1 Member Smith and unan,imous-
" .ly carried, the following Consent Agenda Items were approved as recommended by Adminis-
-".i'irator Butch:
A-l. Request Mayor Proclaim the Week of May 13-19, 1979, as "National Pol ice Week".
RECOMMEND MAYOR SO PROCLAIM.
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A-2. Receipt of April Report on Workers' Compensation, Central Coast Cities Self-Insurance
Fund. RECOMMEND RECEIVE AND FILE.
A-3. Notice of Availability of Funds Under Assembly Bill 90 (County Justice System Sub-
vention Program for Projects for Fiscal Year 1979-80). RECOMMEND REFERRAL TO POLICE DE-
PARTMENT FOR THEIR CONSIDERATION.
A-4. Request for Fee Exempt License to Sell Fireworks by the California Association for
the Retarded, Bowling, San Luis Obispo County, at 1148 Grand Avenue, Frank's Lock & Key,
from June 28, 1979, to July 4, 1979. RECOMMEND FEE EXEMPT LICENSE BE GRANTED.
A-5. Request for a Fee Exempt License to Sell Fireworks by the First Assembly of
Church, Arroyo Grande, at 953 Grand Avenue, From June 28, 1979, to July 4, 1979.
MEND FEE EXEMPT LICENSE BE GRANTED.
God
RECOM-
A-6. Recommendation of R. L. Kautz and Company that the Claim of Melvin P. Fowler be
Denied. RECOMMEND COUNCIL DENY THE CLAIM OF M. P. FOWLER.
.A-7. Request from the City of San Fernando, Re. Participation and Financial Suppor-t..,by
our City in Age Discrimination Action Taken by the Department of Labor. RECOMMEND THAT
IT BE REFERRED TO LEAGUE OF CALI FORN I A C I TIES FOR THE I R REV I EW :AND CONS I DERAT I ON. .~
A-8. Receipt of Notice that City's Liability Insurance Premium for 1979-80 Will be Re-
duced From $55,401.00 to $29,198.00. RECOMMEND THAT NEW RATE BE PLACED IN 1979-80 BUDGE"
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A-9. Letter of Information, Re. Sol id Waste Management Program for our County; Very 'Little
Funds Available. RECOMMEND RECEIVE AND FILE.
A-1Q Receipt of Resolution from Human Relations Commission of San Luis Obispo County, Re.
Resolution on Safety of Diablo Canyon Plant. RECOMMEND RECEIVE AND FILE.
NOTICE OF ITEMS WITHDRAWN FROM AGENDA ".U
Mayor Millis noted five items were withdrawn from the Agenda for May 22, 1979:
(a) C-10 (vehicle purchase); (b) D-l (Bids on Overlay Project of Variou~ Streets);
(c) D-2 (Hayes' Slope Easement); (d) D-4 (Tract 775, Alpine Place; (e) D-6(b) (Parcel
~ap AG'79-52). '
DETERMINATION ON REZONING & ASSESSMENT DIST. CANYON WAY, JAMES WAY & TALLY HO ROAD
Attorney Shipsey reviewed his letter to the Council, dated May 21, 1979, regarding
the proposed ordinance for Rezoning Case No. 79-124 and 79-126, Canyon Way, James Way
and portions of Tally Ho Road from RAB3 to RAB2. He reviewed probl,ems with the legal ity
of the ordinance, stating that if there are going to be changes in the ordinance it
should be referred back to the Planning Commission. The second matter of concern was in
the attempt to establish development conditions that are not" required of other properties
zoned RAB2; all conditions for rezoning in each zone should be uniform throughout the
City.' By requiring conditions of curb, gutter and drainage, this uniformity is negated,
as it is not required in other RAB2 rezonings. These conditions could be handled with a
D-override or, more appropriately, through the lot split method with current ordinances
which already set these requirements on development. There was considerable discussion
among the Council on the formation of the assessment district, the rezoning of this area
and the possible methods for accomplishing both of these objectives. After considerable
r1i c:.rllc:.<:: inn it 1M'::'<=; mnvpc! hv r:olJncil Member PODe. seconded bv Council Member Smith arid
181
CITY COUNCIL MAY 22, 1979
ARROYO GRANDE, CALIFORNIA PAGE 2
unanimously carried, that staff be instructed to proceed prodigiously with the forma-
tion of the assessment district and hold- in abeyance the action of the Planning Commis-
sion until fifty percent (50%) of the people in this area have signed the necessary
papers to form the assessment district under the 1913 Act; as soon as the District has
been formed under the 1913 Act, the City can proceed with the rezoning.
c RECEIPT OF 50' EASEMENT FROM GIFFORD & FAGAN, 1160 EL CAMINO REAL
City Engineer Karp reviewed the fifty foot (50' ) easement being dedicated to the
City from Mr. Gifford and Mr. Fagan on 1160 El Camino Real . He explained everything
was in order and recommended the easement be accepted. After this review, it was
moved by Council Member Pope, seconded by Council Member Smith and unanimously carried,
to accept the Offer of Dedication from Gifford and Fagan, subject to improvement and
authorize the Mayor and City Clerk to sign the Certificate of Acceptance on behalf of
the City.
REZONE 1122 & 1160 EL CAMINO REAL FROM "A" TO "P-D" - GIFFORD AND FAGAN
Administrator Butch read the title of the Ordinance rezoning 1122 and 1160 El
Camino Real from "A" Agricultural District to "P-D" Commercial Planned Development. It
was moved by Council Member Pope, seconded by Council Member Smith and unanimously car-
ried, to dispense with further reading of the ordinance. Planning Director Castro
noted correction of a typographical error in the title/body of the ordinance, the des-
cription should read "approximately 2500 feet due east of Oak Park Boulevard. . .". As
this was a typographical error, it was not necessary that the ordinance's first reading
be repeated.
ORDINANCE NO. 192 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
APPROVING AN AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF ARROYO
GRANDE AS PROVIDED BY CHAPTER 4 ZONING, ARTICLE 32 OF SAID CODE,
REZONING APPROXIMATELY 11 .25 ACRES OF LAND LOCATED ON THE NORTHERLY
SIDE OF U. S. HIGHWAY 101 , AND LOCATED APPROXIMATELY 2500 FEET DUE
EAST OF OAK PARK BOULEVARD AND U. S. HIGHWAY 101 FROM "A" AGRICUL-
TURAL DISTRICT TO "P-D" COMMERCIAL PLANNED DEVELOPMENT DISTRICT,
PER CONDITIONS OUTLINED IN THIS ORDINANCE.
On the motion of Council Member Pope, seconded by Council Member Smith and on the
following roll call vote, to wit:
AYES: Council Members Pope, Smith and Mayor Millis.
NOES: None.
ABSENT: Council Members Gallagher and de Leon.
the foregoing Ordinance was passed and adopted this 22nd day of May, 1979.
REVIEW LATEST BULLETINS FROM LEAGUE OF CALIFORNIA CITIES
Administrator Butch reviewed the latest Bulletins received from the League of
California Cities, and reviewed a proposal that would preempt City control of billboards
and other signs. It was moved by Council Member Pope, seconded by Council Member Smith
and unanimously carried, that a letter be written to the Legislature opposing Senate
Bill 462, which preempts local control of billboards and other signs.
DISCUSSION ON COUNCIL ACTION RE. DIABLO CANYON NUCLEAR {OWER PLANT - CATTOIR
Administrator Butch read a letter to the Council from Marie Cattoir, dated May 14,
1979, requesting the Council adopt a resolution opposing the licensing and operation of
the Diablo Canyon Nuclear Power Plant. He explained the Council had already adopted a
resolution requesting the Nuclear Regulatory Commission not allow the licensing of Diablo
until a determination has been made on the safety system at the power plant. There were
comments from the audience supporting the requested action by Mrs. Cattoir on basis of
environmental and human safety. Mrs. Cattoir also read a letter to the Editor published
in the Telegram Tribune from Mr. Martin Polin regarding the hazards of nuclear power
plants. Council discussion ensued on this subject; it was the general consensus of the
Council that the previously adopted resolution by the Council was adequate action. It
was moved by Council Member Pope, seconded by Council Member Smith and unanimously carried,
to deny the request for adoption of an additional resolution regarding the licensing of
the Diablo Canyon Nuclear Power Plant.
PUBLIC HEARING: APPEAL OF LOT SPLIT CASE NO. 79-310 (WHITE)
Mayor Millis explained this public hearing was an appeal by Lester White of the
Planning Commission' s denial of Lot Split Case No. 79-310, Printz Road. Planning Director
Castro explained to the Council that this item was denied by the Planning Commission on
a 3-3 non-conclusive vote, which is interpreted as denial by the City' s Attorney. He-also
explained that while this property is a legal lot, it could not be further subdivided as
it would create illegal width-dimensions. Consequently, he supported the denial of the
application on the basis that the new lot split would be in violation of the minimum Width
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CITY CDUNC I L
ARROYO GRANDE, CALIFORNIA
MAY 22; 1979
'PAGE 3
requirements for that zoning'district. 'After this review, Mayor Millis opened the hearing
to public comment.
MR. LESTER WHITE, appl icant of the appeal, Rt. 2,' Box' 737K, Arroyo Grande; spoke re-
questing the lot split as he felt that three acres for two houses was more than adequate.
MRS. ELIZABETH JACKSON, 208 Fairview, requested clarification on a new proposed zoning
district which is to go before the Planning Commission. She requested action on this ,item
be held off unti 1 this zone is considered by the Planning Commission. Mr. 'White responded
to this, requesting'action o~ this item not be held off, but rather a decision be made by
the Council at this meeting.
There being no further comment, 'the public hearing was closed to public comment and
Council discussion ensued. It was confirmed this was an illegal lot split, as it is fifty
feet (50') short of the 150' width requi,rement. After considerable discussion, it was
moved by Council Member Pope, seconded by Council Member Smith and unanimously carried to
deny the appeal of Lot Split Case No. 79-310, on the basis of the City Attorney's' interpre-
tation of the Zoning Ordinance:
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CONTINUAL REVIEW OF TRACT NO. 761, RANCHO GRANDE
City Engineer Karp reviewed his memo of May 18, 1979,'to Administrator Butch, noting
the proposed change in wording and the Conditions of Approval 'for Tract 761, Rancho Grande.
He explai,ned the various'areas of discussion for change and presented'staff recommendations.
He reviewed a change in wording for Public Works Department Items B2a and B2b, so that- in
both sections the wording would be changed to include ".. .56 ft. or 50 ft. (where owners
do not control additional 6 ft. width)". Engineer Karp also explained there was an addi-
tional add-on to the conditions which would provide a temporary access road for emergency
"ac.cess to the tract, unti I a permanent roadway is provided with future development.
After this review, it was moved by Counci 1 Member Pope, seconded by Counci 1 Member
Smith and unanimously carried, that the Council tentatively accept the changed wording in
Public Works Department's Items B2a and B2b, so that both itemsnow read:
PUBLIC WORKS DEPARTMENT
,B. Streets
2a. Frontage Road - W. Branch Street: "Minimum - staged improvement on 56 ft. or 50 ft.
(where owners do not control additional 6 ft. width) right of way between Rancho
Parkway. .."
2b. Frontage Road - W. Branch Street: "Minimum - staged improvement'on 56 ft. or 50 ft.
(where owners do not control additional 6 ft. width) between western boundary of
Cathol ic Cemetery and Rancho Parkway..."
and that the Council tentatively accept the add-on to the Public Works Department conditions
to read:
"A,temporary graded, based and sealed road must be provided and maintained in the tract
from the Frontage Road with Unit 3. Said road shall act only as emergency access to
the tract unti 1 some other permanent roadway is provided with future development." ,
Engineer Karp then began review of Public Works Department Item No. A-3, Tentative Map
Requirements. He explained'it was' being requested that the tract map include the'commercial U
lot; this map is to carry a'note regarding the nature of the alignment, grade and utilities
for Frontage Road and Rancho Parkway, and'that the actual final a,l ignments oheither or
both roads could be modified as a condition to the approval of the specific plan which is
requi red for the development of the commercial lot. It is also understood that the cost of
these modifications, if necessary, 'would be carried by the developer'of the commercial lot.
It was'suggested that the following note appear on the tract map:
"The al ignments establ ished by this map for those portions of Rancho'Parkway and the
Frontage'Road crossing and/or abutting the commercial lot are subject to review for
'possible modifications as a condition to the approval of the specific plan required for
,I^,..deve:lopmenf of said commercial lot".
Considerable discussion ensued between Mr. Stan Abbott, attorney for the appl icant, Mr.
Ron Bennett, applicant, staff and Council on this condition. It was the feeling of ~he ap-
plicant that this note should appear on the final parcel map; he does not wish it to be on
the tract map because such a'note would bring consideration of the commercial lot into the
planning'for the residential lot, which he wishes to avoid. 'Engineer Karp explained his
feelings that this should be on the'tract map, as he doubted it could be'enforced if it
appeared on the parcel map. After considerable discussion, Engineer Karp suggested a,con-
tinuation or'second note to the original note stated above; to indicate why the condition
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
183
MAY 22, 1979
PAGE 4
appears on the parcel map. Ron Bennett expressed, satisfaction with this and stated ~e
would place this condition'on the parcel 'map:' It was moved by Council Member Pope,
seconded by Council Member Smith and unanimously carried 'that the 'Council tentatively
approve Public Works Department Item A-3, Tentative Map Requirements and the Council
accept putting a note on the Tentative Parcel Map with the safeguard notation to indi-
cate why the condition appears on the parcel map, and 'that Public Works Department Item
A-3 stands as presented in the memo ,from Engineer Karp, 'dated May 18, 1979, until the:
parcel map is recorded and the appropriate note change is seen on the parcel map; also,
that all the conditions which w~re tentatively approved be redrafted by City staff,
applicant-and City Attorney, to be- resubmitted to the Council in its final form for
adoption. This would insure that developers, City Engineer and Attorney, and Counci Ii
all agree on the final conditions of development 'being placed on Tract 761, Rancho
Grande.
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REVIEW OF PLANNING COMMISSION ACTIONS ON MAY 15, 1979, 'MEETING
Planning Director Castro reviewed the 'major action taken by the Planning Commission
at their meeting of May 15, 1979. He noted that public hearings had been 'recommended
for June 12, 1979, at 8:00 P.M. for the Wildwood Ranch rezoning and for proposed amend-
ments to the Zoning Map to make it consistent with the General Plan Land Use Map. Also,
a public 'hearing has been set for June 26; 1979, at 8:00 P.M. on Rezoning-Case No; 77-103,
Grande Highlands Development.
REPORT ON'COUNCIL OF GOVERNMENTS! MEETING HELD ON MAY 17, 1979
Planning Director Castro reviewed a letter to the San Luis Obispo Council of Gov~rn-
ments from the City of Arroyo Grande regarding the'Revised Housing Needs Allocations."
Engineer Karp noted COG has made the finding that there are no unmet transportation
needs and that the SB 325 funds are being distributed.
RESOLUTION OPPOSING STATE HOUSING 'NEEDS ALLOCATION - HELD OVER
At the request of Mayor Millis, this item was held over until June 12, 1979, when
a full Council 0ill be available.
FINANCE DIRECTOR'S REPORT ON CITY'S INVESTMENT PROGRAM OF IDLE FUNDS
Administrator Butch reviewed the investment program for City funds. Fi'riance Director
Bacon was commended for his excellent work.
SET BUDGET STUDY SESSIONS AND RECEIPT OF 1979-80 MUNICIPAL BUDGET
The Council had received copies of-the 1979-80 Municipal Budget. -After discussion,
budget study sessions for thhi,' budget were set for May 30, 1979, June 4, 1979, and
June 6, 1979.
PROGRESS REPORT ON SOUTH COUNTY AREA TRANSIT
Administrator 'Butch presented a copy of a report on the South County-Area Transit
noting the ridership has increased in the- last month; also,-the revenue for the rider-
ship above the initial $11,000, is now at $1,700.00, which is'much higher than antici-
-pated. '
NOMINATION OF RANDY SMITH-TO PARKS AND RECREATION COMMISSION
It was moved by Council Member Pope, seconded by Council Member Smith and unanimously
carried to approve the nomination of-Randy Smith to the Parks and Recreation Commission,
to fill'the unexpired term of Don Whittemore, such term to-run until 'June 30,1981.
NOTICE OF EXPIRATION OF TERMS FOR SEVERAL COMMISSIONERS AS OF JUNE 30, 1979
Mayor Millis explained various Commissioners terms would be expiring on June 30,
1979; action will be taken on June 12, 1979.
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PROGRESS REPORTS: FIRE STAT.; COMM. BLDG.; STROTHER PARK; SPORTS COMPLEX; RESERVOIR
Fire Station: Administrator Butch reviewed the current property under consideration
on Traffic Way, for the relocation of the Fire Station and reviewed the preliminary apprai-
sal -from the firm of Hunt and-Malone. After'this review, it was moved by Council Member
Pope, seconded by Council Member Smith and unanimously carried to authorize the-City Ad-
ministrator to negotiate for the potential fire station'site on Traffic Way with Mr. Kuden,
the property owner.
Community Building: The'Community Building Committee will meet on May 31,1979, to
discuss preliminary plans, and the agreement between the City of Arroyo Grande and the'
Woman's Club.
, Strother Community Park: _ City,Engineer Karp reviewed for the Counc;:il a proposed
Contract Change Order No.2 to include,construction of the-playground access sidewalk,
for expediting the installation of the playground equipment at Strother Park. This will
be held over until Bouzard Construction has been contacted.
1C8 IT COUNCIL MAY 22, 1979
ARROYO GRANDE, CALIFORNIA PAGE 5
Elm Street Sports Complex: The playground equipment has been installed at the Elm
Street Sports Complex by the Arroyo Grande Kiwanis. The construction on the concession
stand is proceeding. Final grading plans have been received and are being reviewed.
New Reservoir and Water System: Public Works Director Anderson explained staff is now
waiting for the contract on the design of the new reservoir and water system. Aerial
photos have been taken and contours are being plotted.
APPROVAL OF TRACT 667, AUTUMN GARDENS, MAPLE STREET - CURTIS
Engineer Karp reviewed Tract 667, Autumn Gardens on Maple Street.. It will create ten
residential condominium units, a common area and a second lot which is already in existence.
Fees and bonding have been provided and it is recommended that the Council accept the ease-
ment dedicated to the public. After review, it was moved by Council Member Pope, seconded
by Council Member Smith and unanimously carried, to accept on behalf of the public, subject
to satisfactory completion of the improvements, the easement as dedicated for sewer pur-
poses; find that Tract No. 667 is consistent with the General Plan, find that Tract Map
No. 667 is consistent with City Zoning; and approve Tract No. 667.
ESTABLISH NO PARKING ZONE ON E. BRANCH STREET, NEAR GARDEN STREET ' INTERSECTION
Engineer Karp reviewed the recommendation of the Parking and Traffic Commission to
establish a no parking zone on East Branch Street, near the Garden Street Intersection.
Administrator Butch read the title of the resolution establishing a no parking zone on E.
Branch Street, forty feet (40' ) east and forty feet (40' ) west of the Garden Street inter-
section. It was moved by Council Member Pope, seconded by Council Member Smith and unani-
mously carried to dispense with further reading of the resolution.
RESOLUTION NO. 1361
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING A "NO PARKING" ZONE
ON BRANCH STREET.
On the motion of Council Member Smith, seconded by Council Member Pope and on the follow-
ing roll call vote, to wit:
AYES: Council Members Pope, Smith and Mayor Millis.
NOES: None.
ABSENT: Council Members de Leon and Gallagher.
the foregoing resolution was passed and adopted this 22nd day of May, 1979.
APPROVE PARCEL MAP AG 79-80, LOT SPLIT CASE NO. 78-297 - DAVIDSON
Engineer Karp reviewed Parcel Map AG 79-80, located on the south side of Brighton Ave-
nue between Oak Park Boulevard and Courtland Street. The land is zoned R-1 , and the pro-
posed split creates four parcels. Mr. Davidson has paid the necessary fees, set up the
bond and executed the Improvement Agreement. After review, it was moved by Council Member
Pope, seconded by Council Member Smith and unanimously carried, that the Council findsthe
construction of the required curb, gutter, sidewalk, street paving and street lights are
necessary prerequisites for the orderly development of the surrounding area; and authorizes
the Mayor to execute on behalf of the public the appropriate Improvement Agreement; accepts
on behalf of the public the street tree ;easement; finds that Parcel Map AG 79-80 is consis-
tent with the General Plan; finds that Parcel Map AG 79-80 is consistent with City zoning
and approves Parcel Map AG 79-80.
REPORT ON ZONE 3 ADVISORY COMMITTEE MEETING HELD ON MAY 17, 1979
There was no report to the Council as no one attended this meeting.
GRANT FEE EXEMPT LICENSE TO SELL FIREWORKS - LIONS CLUB
It was moved by Council Member Pope, seconded by Council Member Smith and unanimously
carried, to approve a temporary fee exempt license to the Lions Club for the sale of fire-
works, during the period of June 29, 1979 through July 4, 1979; location of the booth is
the corner of Grand Avenue and Brisco Road.
REPORT ON ORDINANCE TO CONTROL PORNOGRAPHIC FILMS IN LOCAL THEATERS - JUNE 12, 1979
Attorney Shipsey is to report to the Council on the ordinance to control pornographic
films in local theaters at the next Council meeting of June 12, 1979.
ADJOURNMENT
There being no further business before the Council , it was moved by Council Member Pope,
seconded by Council Member Smith and unanimously carried to adjourn at 9:33 P.M. , until
7:30 P.M. on May 30, 1979, for a budget study session.
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ATTEST: /0• Gl' �� %rrJ i sr ✓'/ Ili
CITY CLERK / - 'YOR