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Minutes 1979-08-14 n n 1- 217 ':- CITY COUNqL ARROYO GRANDE, CALIFORNIA AUGUST 14, 1979 The City Council met in regular session with Mayor Millis presiding. Upon roll call, Council Members MatthewP. Gallagher, Jr. and Gabe de Leon reported present. Council Members Hugh o. Pope, Jr., and B'Ann Smith are absent. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag. Thereafter, Rev. Robert J. Banker, of the Open Door Church in Oceano, delivered the invocation. APPROVAL OF MINUTES On motion of Councilman Gallagher, seconded by Councilman de Leon and unanimously carried, the minutes for the regular meeting of July 24, 1979, were approved as prepared. APPROVAL OF WARRANTS On motion of Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, Demand Warrants No. P683 through No. P706 and No. 11263 through No. 11353, in the total amount of $313,218.42; and Payroll Warrants No. 14523 through NO. 14724, in the total amount of $123,325.78, were approved and ordered paid. APPROVAL OF CONSENT AGENDA ITEMS On ,motion of Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, ,the following Consent Agenda Items were approved, as recommerided,by City Administrator Butch. A-1. Receipt of July 11, 1979 Minutes of the South County Human Relations Commission. RECOMMEND RECEIVE AND FILE. A-2. Receipt of Fiscal Year 1979, Regional Plan Office of Criminal Justice Planning. RECOMMEND REVIEW AND FILE. A-3. Receipt of Claim of Leroy Keller, Place of Accident-Burbank, California. RECOMMEND CLAIM BE DENIED. A-4. Receipt of 1979 City of Arroyo Grande Emblem Art Contest. RECOMMENDATION: FOR COUNCIL INFORMATION AND FILE. A-5. Invitation to the Annual Arroyo Grande Valley Gay Nineties Harvest Festival Parade, September 29, 1979. RECOMMEND COUNCIL ADVISE WHO WILL ATTEND. A-6. 1979. Receipt of Minutes San Luis Obispo County's Mayors' Meeting, July 9, RECOMMEND RECEIVE AND FILE. A-7. Receipt of No.2, 3 and 4, 'Quarterly Report of County of San Luis Obispo Air Pollution Control District. RECOMMEND RECEIVE AND FILE. A-8. Receipt of State Office of Criminal Justice Planning Report, i.e., the, Impact of Proposition 13 on Local Criminal Justice Agencies in California. RECOMMEND RECEIVE AND FILE. A-9. Receipt of the County of San Luis Obispo County Transportation Plan. RECOMMEND BE REVIEWED BY PLANNING AND PUBLI t WORKS. PRESENTATION RE':~PROPOSED ,TENNIS COURT DESIGN FOR ELM STREET COMPLEX.,. RUIZ Mayor Millis requested, and the Council agreed, to hear this presentation now, out of the Agenda order. Parks & Recreation Director Keisler then introduced Jim Ruiz, Architect for the tennis courts proposed at the Elm Street Sports Complex, who explained the preliminary design for the Council, along with the Court Layout Plan.hThe proposal includes five concrete tennis courts, including nets, fencing, gates, screening, line painting, etc. and has been recommended for approval by the Parks & Recreation Commission. After Council discussion, a motion was made by Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, giving preliminary approval to the proposed tennis courts. design, as presented. COUNCIL MEMBER POPE ENTERED THE MEETING DURING THE ABOVE AGENDA, ITEM 'AND IS NOW PRESENT. RECEIPT OF DEPARTMENTAL REPORTS FOR JULY, 1979 The Council received, reviewed and ordered filed, the Departmental Reports for the month of July, 1979. Councilman de Leon stated the Public Works Depart- ment is doing a good job on the City's streets ,and commended them for a job well done. 218 CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 14, "1979 PAGE 2 DISCUSSION RE. REZONING OF PROPERTY AT GRAND/BRISCO -'HELD IN ABEYANCE City Attorney Shipsey reviewed that at its last meetirig, the Council had reclassified property, at Brisco and Grand, on the Land Use I[ap of the General Plan, but did not adopt the rezoning of it to bring the Zoning Map in conformance with ,the Land Use Element. He explained that the resolution passed for the reclassification on the Land Use Map could not just be rescinded, but rather that the entire change would have to go through the whole 'process of review again, starting with the Plan- ning Commission. The Council discussed the matter, with Mayor Millis stating his wish that 'a meeting be set up with the rest of the six property owners involved, to see how the rest of them feel about the rezoning. Councilman Pope felt the matter should be' reconsidered the next time the City has several items to change in the General Plan. Councilman Gallagher felt the matter should be cleared up now, feeling the situation as it stands is illegal. Planner Sullivan requested guidance from the Council in ~ the event one of the involved property owners comes in for a development application. Mayor Millis stated the key is the General Plan, which shows the property to be ' "H-S". Further action on this matter will be held in abeyance until other changes in the Land Use Element are made. FURTHER DISCUSSION BLUE CURB PROVISIONS REFER TO PARKING & TRAFFIC COMMISSION City Engineer Karp reviewed with the Council his report discussing additional research he had made regarding adoption of Blue Curb provisions, to provide special P?rking for, the physically handicapped. He stated that the City'sMunicipal Code and Vehicle Code allow for the adoption of specially reserved parking spaces by resolution. He recommended that Blue Curb parking spaces be designated as thee'need becomes apparent and requests for same are received by the Parking & Traffic Commission. He further discouraged the "City's involvement in enforcement of parking regulations in private lots, since this enforcement can be legally provided by the lot owner or operator". After Council discussion, a motion was made by Councilman Pope, seconded by Councilman de Leon and unanimously carried, that this report and recommendations,be submitted to the Parking & Traffic Commission for its consideration and have said Commission report back to the Council as to what it feels would be proper. SEE PAGE 9 OF THESE MINUTES, FOR ADDITIONS OMITTED AT THIS POINT IN THESE MINUTES. APPROVE BEAUTIFICATION PROJECT BY CHAMBER OF COMMERCE The Council read a letter from the Arroyo Grande Chamber of Commerce, requesting'Council approval of the Beautification Committee's First Annual Beautification Program, which is to beautify the "WELCOME TO ARROYO GRANDE" sign'area located on West Branch and the north bound Hwy. 101 onramp next to the Shell Station. Parks & Recreation Director Keisler detailed their proposal to "build a block wall fence, prepare the area for planting, and bring water into the area for sprinklers", which has been approved by the Parks & Recreation Commission. AnEncroachment Permit from the California Department of Transportation (CAL TRANS) will be applied for. Chamber Director Kvidt was present and explained that much of the work and' materials will be donated by Chamber members. After Council discussion, a motion was made by Councilman de Leon, second~d by Councilman Gallagher and unanimously carried, approving the concept of the Chamber of Commerce's beautification project at the West Branch Street Shell Station, and authorizing the application for an Encroachment Permit from CAL TRANS. RENAMING OF ELM STREET PARK TO "SOTO SPORTS COMPLEX" - DIRECT PREPARATION OF RESOL. ~ The Council reviewed a recommendation from the Parks & Recreation.Commission, that the Elm Street Sports Complex be renamed ~Soto Sports Complex", in honor of, Gee Gee Soto, who has been a major influence in the development of the sports complex. The Council discussed the progress of the complex's development. Parks Director Keisler reported that the Sports Associates have now arranged to have the dirt taken out, but he could not give any dates for further progress, as this is a volunteer group. Councilman Pope felt the renaming should be done at a later time, when the area has at least been graded and a lawn put in, with a proper dedication and plaque presentation made with the renaming. After Council discussion, a motion was made by Councilman Gallagher\and~secorided by Councilman de Leon, authorizing City Staff to prepare a resolution renaming the Elm Street Sports Complex to the "Soto Sports Complex". Said motion passed on the following roll call vote: AYES: Councilmen Gallagher, de Leon and Mayor Millis; NOES: Councilman Pope; ABSENT: Councilwoman Smith. n r CITY COUNCIL ARROYO GRANDE, CALJFORNJ~ " 2'," 0 .Lv ,: il 11 AUGUST 14, 1979 PAGE 3 CONTINUE PUBLIC HEARING - REZONE #77-1 03 ,GRANDE. HIGHLANDS, A TO PD NO ACTION The Council read a letter frOm E. E. Gearing, one of the principals in the "Grande Highlands" project, requesting an additional continuation of the rezoning public hearing. until the first meeting in October, due to scheduling problems they are having. In contacting persons involved in the project, Administrator Butch reported that the earliest someone representing the applicant could attend a Council meeting is the first of September. The Council discussed the request at length, being split as to whether to go ahead with the hearing with no representation for the applicant, present. This: ':Ds',:the.second"time that Arroyo' Grande residents have come to a meeting to discuss this project. After Council discussion, a motion was made by Councilman de'Leon and seconded by Councilman Pope, to continue this public hearing until the first meeting in October. The Council's votes split on the following roll call: AYES: Councilmen Pope and de Leon; NOES: Councilman Gallagher and Mayor Millis; ABSENT:' Councilwoman Smith. Planner Sullivan explained the Planning Commission's recommendation to rezone, from IIAII to "P-D", approximately 60 acres lying generally easterly of Pilgrim Way and the Arroyo Grande High School property, northeasterly of Valley Road and abutting Highway 101 on'the easterly property line. 'A layout plan of the proposed development was 'also reviewed, which showed access to the development: via Valley Road, with Orchard Street to have a gate, where it ends at this property in a cul-de-sac, for emergency vehicle use only. 'i Mayor Millis opened the continued hearing for public comment. The following persons spoke on the matter: TOM RUNELS, 586 Valley Road, indicated his concern about the proposed development, stating he would be directly affected because of drainage. He felt that Valley Road is already over-taxed; that the project should i have to take care of water and other' problems' before the' zoning"is changed; and' he suggested access from EI Campo Road be considered. ROGER RICHEY, 503 Orchard, questioned access via Orchard, with Planner Sullivan explaining again that only emergency vehicles would have access to the development from Orchard Street. ROSIE WOODARDS, 418 Orchard, presented a petition to the City Clerk bearing approxf- m9-~ely~~32:.signatures of residents on W. . Cherry, Orchard, Pearwood, Arroyo Ave., an~ Fair Oaks, protesting the development if access is to be vi~ Orchard. Avenue, which!! they feel has too much traffic already and recommending the development be '. redesigned "...so that Orchard Avenue be completely eliminated now and in the futu~e as an access, route for housing .developments in this area n. Mr~., - WoOda~ds :stated Ii that Lester Krushat had circulated the petition. She also voiced her concern about extra traffic in the.Orchard Avenue area. PAUL HADDOX, 587 Valley Road, stated his concern about additional traffic on Valley Road and agreed with the suggestion that access be opened to.EI Campo Road. TOM RUNELS spoke again, discussing with Planner Sullivan the amount of black-topping proposed in the development, which would increase run-off and stating the whole area should be considered in the drainage plan. He further stated that he did not. feel just Valley Road should get the additional traffic, as Orchard has always.been the access street to the subject property. MARIE CATTOIR, 195 Orchid Lane, felt that evacuation of the area on just one road needs to be considered in tpe plans. There being no further public comment, Mayor Millis declared the hearing closed. The Council discussed the project at length. COUNCILMAN POPE stated that is appears no one objects to the project itself, just the additional traffic and drainage. He feels that the public should have an opportunity to speak when the Tentative Map is presented, as a public hearing. PLANNER SULLIVAN explained that the Planning Commission wants the developer to come up. with Circulation and Drainage Plans before any submission is made of the Tentative Map. Hearings on these could be opened to the public. COUNCILMAN GALLAGHER felt a total assessment district needs to be devised to carry' through with the circulation and drainage problems. He suggested an overpass to Traffic Way, across Highway, 101, be considered as access fvom the property. He felt that the total acreage, not just that portion within the City, needs to be addressed prior to approval of this development. COUNCILMAN DE LEON stated he would approve this if the developers corne up with a good drainage and circulation plan; and in answer to his question, CITY ENGINEER KARP stated there are a couple thousand acres of water shed in this area. MAYOR MILLIS stated the Planning Commission should have let the developers solve the problems first before approving the rezoning. He also supported the idea of an overpass to Traffic Way as access for the property. He recommended the rezoning be denied without prejudice, to enable the developer to come back with some answers to the concerns voiced. COUNCILMAN POPE made and later withdrew his motion approving the rezoning subject to the developer coming in with drainage and circulation plans to be made part of the development plans, with public hearings on the plans. MR. RUNELS asked the Council to forget about studying this more and .i 220 CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 14, 1979 PAGE 4 come up with some solutions. CITY ATTORNEY SHIPSEY stated the Council has one year to take some action to deny, approve or modify the Planning Commission's recommenda- tion, or the rezoning will automatically be approved. After further Council discussion, a motion was made by Councilman Pope and seconded by Councilman de Leon, approving the application with regard to the parcel for the rezoning from "A" to "P_D", but making the condition that before the d~veloper files a Tentative Tract Map that public hearings have to be held on the Drainage and Circulation Elements of the total development and of the total drainage area, before it becomes approved. The motion split on the following roll call vote: AYES: Councilmen Pope and de Leon; NOES: Councilman Gallagher and Mayor Millis; ABSENT: Councilwoman Smith. Mayor Millis requested that this matter be placed on the Council's,next agenda. PUBLIC HEARING - REZONING OF BADEN PROPERTY - "R3" & "CN" TO "R1" - ORD. 1ST READING Planner Sullivan explained the proposed rezoning of this property which is located adjacent to the extension of Brighton'Avenue and being popularly known as the IIBaden".property. The property is presently zoned "R_3" and "C~N",' with the Council having requested it be reclassified to low density on the Land Use Map, which has been done, and rezoned to "R-1", Single Family Residential.. Petitions and input had previously been received by the Planning Commission and Council from that area's residents, requesting the change to single-family/low density. This hearing having been properly published and noticed, Mayor Millis declared it open for public comment. SIEGFRIED BADEN, 1385 Brighton Avenue, owner of the subject property, spoke against the proposed rezoning. He gave a history of his family; pointed out discrepancies of facts in the petition which was circulated favoring the "R-111 zoning; and other misinformation he felt the area's residents were given, stating his property has been zoned "R-3" for at least seventeen years. The following persons were present and spoke in favor of the rezoning, citing concerns regarding additional traffic, property devaluation and bloking of their views if the current zoning remains and multiple family dwellings are allowed to be built: TOM HIGDON, 183 Fair View; KATHLEEN STINCHOMB, 308 Courtland; E. K. ROSE, 1391 Newport, questioned Mr. Baden about the number of units he would build on the property in the present zoning, which he explained to be 16 units on the one acre, in three buildings. JEANNIE HEIDEPRIEM, 308 Ledo; CORA HIGDON, 183 Fair View; MARGARET STONE, Attorney for Elizabeth Jack~, disagreed with City Attorney Shipey's statement that the development on R-3 property could go ahead even if the General Plan were R-1. She cited a 1977 San Diego case in which the Court had said o a city could not approve a final map for buil~ing until it was in conformance with the General Plan. She stated the Courts have clearly said that a person does not have a vested interest in zoning. She feels the zoning and Land Use need to conform before any building occurs. ED DELEREE, 166 Fair View; JOYCE BEELER, 1305 Brighton; HELEN DOOSE, 1371 Newport; MIKE FARAGE, 321 Ledo; ALLEN KEAT, 209 Fair View; IRENE MOTTA, 165 Fair View; GLEN HUBBARD, 1213 Brighton; NADINE SILVA, 1155 Flora, read letters from MR. & MRS. JOHN SILVA, 195 Fair View; FLORENCE ROSE, 1305 Brighton; IRMA SWAN, 1304 Brighton, and MILLICENT MARTIN, 190 Fair View. LELAND ASHBY, 221 Ruth Ann Way, stated that trees bloke views from houses u also. o There being no further public comment, Mayor Millis declared the hearing closed. The Council discussed the matter. COUNCILMAN POPE did not feel the "R-1" zoning next to "H-S" is proper, feeling that a "R-2" with a "_D" override for one-story buildings would be a better buffer between the two zones. After Council discussion, a motion was made ~y Counci~an Gallagher and seconded by Councilman de Leon, to rezone the "Baden" property to "R-1". Said motion passed" on the following roll call vote: AYES: Council Members Pope, Gallagher, de Leon and Mayor Millis; NOESQ None; ABSENT: Council Member Smith. City Administrator Butch then read, for its first reading, the title of an Ord~nance rezoning certain property in the City; thereafter, a motion was made by Councilman Gallagher, seconded.by Counci~an de Leon and unanimously carried, to dispense with rea~ing the balance of this Ovdinance. o r lj' r 221 'If - CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 14, 1979' PAGE 5 PtJRT.Tr. HF.ARINr, - REZONF. #79-127. LOT 11 OF TRACT 604. "OAK PARK Ar.RF.SII TO "RAR~" '(KVIDT) - AUTHORIZE ORDINANCE PREPARATION - APPROVE TENT. TRACT MAP 824 Planner Sullivan reviewed the recommendation of the Planning Commission to rezone (Case No. 79-127) Lot 11 of Tract No. 604, !I0ak Park Acres", 'from "R-AII to "R-A-B-3" with optional design standards. The proposed change will not effect any, other portion of Oak Park Acres, a Planned Development. 'Additionally, this proposed rezoning affects only the exhibits pertaining to Lot 11 within Ordinance No. 140,C.S. and not the master zoning of "P-D", Planned Development. He displayed a copy of Tentative Tract Map No. 824 (which is Lot 11), explaining that "the proposed amendment would allow the 'clustering' and varying of lot sizes to be consistent with the topographic conditions on Lot 11 through the application of the Option Design Standards". This hearing having been properly published and noticed, Mayor Millis declared it open for public comment. REUBEN KVIDT, applicant for the rezoning, explained why the revision has been requested. ,MITCH WALKER, of San Luis Engineering, corrected the exhibit for Tract 824 (Lot 11) being displayed, which showed more accurately the proposed configuration for the horse trails in this 'lot. MARIE CATTOIR, 195 Orchid Lane, questioned Mr. Kvidt if the parcels were being sold by lot or with houses on them, which Mr. Kvidt answered by stating they were customized houses, but they are not selling lots to other builders. There being no further public comment on the matter, Mayor Millis declared the hearing closed. After Council discussion, a motion was made by Councilman Pope, seconded by Councilman Gallagher and unanimously carried, authorizing the preparation of the necessary Ordinance to rezone Lot 11 from "R_A" to "R-A-B"'::3". A motion was then made by Councilman Pope, seconded by Councilman Gallagher and unanimously carried, approving Tentative Tract Map No. 824, subject to the rezoning adoption for Lot 11 of Tract 604. RECOMMENDATIONS OF PLANNING COMMISSION FROM AUGUST 7TH MF.F.TING: (A) Amend Zoning Ordinance to add provisions for a Residential Suburban District. A,public hearing will be set for August 28, 1979 at 8 P.M. (B) Amend Zoning Ordinance to add provisions for a Residential Senior Citizens' District. A public hearing will be set for Aug. 28, 1979 at 8 P.M. (C) APPROVE COMMERCIAL DEVELOPMENT OF LOTS 4 & 5 OF OAK PARK ACRES Develope~ Kvidt displayed the layout and building design exhibits for the commercial development of Lots 4 and 5 of Tract No,-604', '''Oak Park Acres"'" The Site and Floor .Plans for the motel and medical building were also reviewed. After Council discussion, a motion was made by Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, approving the proposed commercial development of Lots 4 and 5 of Tract No. 604, as presented, subject'to the following conditions: 1. That prior to any issuance of a building permit, that a grading and drainage plan be prepared by a registered Civil Engineer and approved by the Public Works Department. 2. That all conditions and requirements of 140 C.S. -dealing or pertaining to Lots 4 and 5 of Tract 604 be met. 3. That slope and drainage easements be obtained and recorded to satisfaction of the Public Works Department. 4. That appropriate air space easements be obtained and recorded from Lot 14 to Lot 4 of Tract 604 to the satisfaction of the Planning Department. 5. That an easement be recorded granting mutual ingress, egress, and parking over the proposed four parcels of Lot 5 of Tract 604 to the approval of the Planning Dept. 6. That a landscaping plan be submitted to the Planning Dept. for approval. Said plan shall include specimen size shrubs and trees. 7. A parking lot lighting system be submitted depicting details of typical light standards. 8. All paved areas equal to, or better, than adopted City standards per Public Works Department approval. 9. That the site plan for the medical building complex be modified to include screened trash enclosures to the Planning Department's approval. 222 CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 14,'1979 PAGE 6 (D) APPROVE TENTATIVE PARCEL MAP FOR LOT SPLIT #79~314. LOTS OF OAK PARK ACRES (KVIDT) __ __ _'00__ Planner Sullivan reviewed the Tentative Parcel Map for Lot Split Case No. 70-314, which is Lot 5 of Tract 604, "Oak Park Acres", requested for approval by, Reuben Kvidt. The Planning Commission has recommended approval of the lot split; subject to certain conditions. After Council discussion, a motion was made by Councilman Pope, seconded by Councilman de Leon and unanimously carried, approving the Tentative Parcel Map f~r Lot Split #79-314, subject to the following conditions: 1. That the provisions and conditions of Ordinance 140 C.S. be considered as additional conditions of approval. 2. That drainage and grading plans be to Public Works Dept. approval. 3. That appropriate drainage and slope easements be granted to ParcelS of Tract #604 from Parcel 14 of Tract #604. Said easements to be shown on Final Map. 4. That a detailed landscape plan be provided for the Planning Director's approval for the slope easement areas. 5. That a mutual easement for ingress, egress and parking be established between all four parcels of this split. 6. The Commission endorse the concept that the Public Works Dept. be provided with flexibility to review the final slope easement and parcel map. 7. Finding the Tentative Parcel Map to be consistent with the City's General Plan and Zoning. ~ FURTHER DISCUSSION - PROPOSED CONDOMINIUM CONVERSION ORDINANCE Planner Sullivan reviewed with the Council a proposed IICommunity Housingll Ordinance, providing standards for new condominiums and conversions, as discussed by the Council at'its last meeting. The Council' discussed the provisions; citing additional concerns regarding fire protection between units; fire retardant roofs af not covered in the Fire Code}; and that the conversions are in conformance with the City's General Plan and Zoning. After further discussion, City Staff was directed to work in these additional concerns into the proposed ordinance, and bring it back for Council consideration at its next meeting. REOUEST FOR DISTRIBUTION CHARGE WAIVER ON FIRE FLOW METER(FILER) - DENIED Administrator Butch read a letter from San Luis Engineering in regard to a 24-unit"condominium project being built in the "County Island" of Brisco Hill, by Gordon Filer. They contend that the approval for water service given to Mr. Filer in a conditioned "Covenant Running with Land "was "interpreted by the owners as also allowing fire flow water from hydrants directly attached to the water distribution mains". The City has defined "water service" as not including non-metered fire flow. The let"ter continues that.-"The owners proposed installation of two meters: one 3" for domestic flow, and one 411 meter to provide fire flow." The domestic water would be metered independently of the fire flow metering, according to their proposal"and because of the anticipated rare useage of the fire protection water, are requesting that water distribution charges be applied to the domestic water meter only. City Engineer Karp stated that if the distribution charge is waived, then' essentially the City would be giving out a free meter and the person purchasing the meter is not paying for the reservoir and mains which supply the meter; therefore he does not support the request. Councilman Gallagher drew a diagram on'.cthe blackboard, explaining what the City would require to service this development if it were within the City, and the request of San Luis Engineering, which if approved, he interprets as giving them about a $10,000 windfall. JIM McGILLIS of San Luis Engineering, Inc., speaking for Gordon Filer, reviewed the background of the development and requests for water service. He reiterated what they are requesting at this time. Leggthy 'discussion continued among the Council, City Staff and Mr. McGillis. City Engineer Karp reviewed the, reasons why he is recommending against the meter, one being as explained by Council- man Gallagher, another that it won't register below 15 gallons a minute; and third, just because the distribution charges were set up based on what a meter could pass, does not give another person a right to come in and bring in a meter that will pass what a 6" will pass and only pay the 4" charges. He should pay on what volume it will pass, which is how the distribution charges were set up. Councilmen Pope and de Leon felt there might be room for compromise, since it was unlikely that the fire flow meter would be used very often, ~~ at all, and the distribution charges were set for meters having regular use. Mr. McGillis pointed out that if a 6" meter is required by the City, the builders will probably go with ~ I " V'? ~L,-, '~ . CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 14, 1979 PAGE 7 their Conditional Use Permit and build apartments (instead of condominiums)and then won't need fire flow, but only the required 3" meter. After Council discussion, a"IDotion was made by Councilman Gallagher and se~onded by Mayor Millis, to deny the request of San Luis Engineering, on behalf of Gordon Filer, for a distribution charge waiver on a fire flow meter to serve a building complex in the "County Island" of Brisco Hill. Said motion passed on the following roll call vote: AYES: Councilmen Pope, Gallagher and Mayor Millis; NOES: Councilman de Leon; ABSENT: Councilwoman Smith. ~CEIPT OF LATEST LEGISLATIVE BULLETINS FROM LEAGUE OF CALIF. CITIEp The Council received , and reviewed the latest Legislative Bulletins from the League of California Cities. ~ RECEIPT OF COpy OF AGREEMENT RE'. BLDG'; :'ASSESSl1ENT TO 'BENEFIT SCHOOL DIST. The Council received and read copies of a letter and agreement between the Lucia Mar Unified School District and the developers of the Wildwood Ranch Development (by Norman Charles & Diane C. Tempus), wherein they are voluntarily commiting a $400 per unit assessment on each unit sold to go to the school district. COUNCILMAN GALLAGHER LEFT THE MEETING DURING THE ABOVE MATTER AND IS NOW ABSENT. REPORT RE. COSTS OF HOMICIDE INVESTIGATION - POLICE DEPT. The Council received'and reviewed a report from Police Chief 'Clark, ' setting forth' .an estimate of time and salaries spent in the investigation of the recent homicide in the City. Total cost was approximately $3750. ~7'" PROGRESS REPORTS: VARIOUS CITY PROJECTS FIRE STATION SITE: The City now owns the property on Traffic Way. A motion was made by Councilman Pope, seconded by, Councilman de Leon and unanimously carried, authorizing the City Administrator to proceed with a preliminary investigation for an architect for the design process for the fire station. COMMUNITY BUILDING: Nothing ne~ to report. STROTHER COMMUNITY PARK: The lights ,have been installed and are on at night. Mayor Millis requested that something be done in the area of the park and, Huasna'Road, to indicate children crossing'there. City Engineer Karp stated that the Parking & Traffic Commission is already reviewing the'matter. ELM STREET SPORTS COMPLEX: Already handled under previous Agenda items regarding the tennis courts and renaming of the complex. WATER SYSTEM: City Engineer Karp stated the proposed reservoir site is being. surveyed for boundaries. .. REOUEST FOR,JOINT MEETING W/COUNCIL BY CHAMBER - SET FOR 8/29 AT 7:30 & 8:30 P.M. Administrator Butch reviewed that a conflict of meetings has been discovered for the previously set joint meeting with the Chamber of Commerce, so it was suggested a joint meeting be held at 5 P.M. on August 22nd, and a study session regarding direction and guidance concerning"the "Business Industrial Parks" concept at 7:30 P.M. on August 29th. After Council discussion, a motion -,was made by Councilman Pope, seconded by Councilman de Leon and unanimously carried, to have both joint meetings with the Chamber of Commerce on the same evening of August 29, 1979, with one starting at 7:30 P.M. and the other at 8:30 P.M. r ) .....~~.; REPORT - REQUEST FOR RATE'INCREASE (SO. COU~Y SANITARY SERVICE) - DROPPED Administrator Butch reported that a meeting had been held by representa- tives from the various cities being serviced by the South County Sanitary Service, in regard to that company's request for a rate increase. He stated that the company's auditors had indicated no need for an increase in the rate for services at this time. LETTER RE. STATE POLICY ON TRAFFIC GENERATED FROM LOCAL DEVELOPMENT - CAL TRAVS , The Council read a letter from E.F. Gregory, District Director of Trans- portation for the State Department of Transportation (CAL TRANS), reviewing the State's policy of traffic generated from new local development, such as Oak Park Acres and Grande Highlands, along the Route 101 corridor from Arroyo Granae to Pismo Beach. The State is concerned about the negative impacts on the traffic operation of Highway 101 that the additional developments could have, pointing out that the current policy of CAL TRANS is "that impr<)vements to State highways, made necessary because of traffic generated from new local developments, will be funded from local sources without substantial participation of State ,highway monies". 224 CITY COUNCIL' '" ARROYO' GRANDE '" CALIFORNIA:" ," AUGUST 14, 1979 PAGE 8 City Engineer Karp stated that all of the items in the Regional Plan for this area are being implemented including Frontage Road and the James Way collector, and he feels we are doing everything that is reasonably expected of the City. The Council directed City Engineer Karp to send a letter to CAL TRANS, with the information he just related to the Council. ACCEPTANCE OF IMPROVEMENTS IN TRACT 675 (FOREMASTER) - HELD OVER Per City Engineer Karp's request, this item was held over until a future meeting. APPROVE ,PROGRESS 'PAYMENT:'''''HALCYON/FPtIR''OAKS''IMPROVMENTS ~ " SULLY-MILLER' . City Engineer Karp reported that the City's project of Improvement of Halcyon and Fair Oaks, by Sully-Miller, is not ready for acceptance yet, but he did recommend that a progress payment be approved, which he then reviewed. After Council discussion, a motion was made by Councilman Pope, seconded by Councilman de Leon and unanimously carried, approving Progress Payment No. 2 to Sully-Miller Contracting Company, in the amount of $7,211.92, for improvement~ of various City streets. L ACCEPT IMPROVEMENTS OF STROTHER PARK & AUTHORIZE PROGRESS PAYMENT - BOUZARD City Engineer Karp reviewed with the Council his report regarding the completion of improvements of strother Park and the adjacent portion of Huasna Road, by J. H. Bouzard Construction Company, and recommended same be accepted and payment authorized. After Council discussion, a motion was made by Councilman de Leon, seconded by Councilman Pope and unanimously carried, as follows: 1) That the City Council accept for maintenance, the improvements installed at Strother Park by Bouzard Construction under his contract with the City; 2) that the City Staff be authorized to file with the County Recorder, the appropriate Notice of Completion; 3) that Staff be authorized to make the second progress payment to Bouzard Construction, in the amount of $49,467.33, which amounts for 100% payment of the work under contract less the 10% retention specified; and that Staff is authorized to release to the contractor the final 10% retention and bonds upon expiration of 35 days after the recording of the Notice of Completion, assuming no liens are filed with the City. ACCEPTANCE OF OVERLAY ON HALCYON, GRAND & THE PIKE BY SULLY-MILLER - HELD OVER City Engineer Karp requested that acceptance of the overlay project of Halcyon, Grand and The Pike, by Sully-Miller, be held over. RECEIPT OF BIDS & AWARD PURCHASE OF TRUCKS - CHRISTIANSON CHEVROLET The Council reviewed a report from City Engineer Karp setting forth bids received only from Christianson Chevrolet for two budgeted trucks. After Council discussion, a motion was made by Councilman de Leon, seconded by Councilman Pope: and unanimously carried, awarding the purchase orders for two trucks to I Christianson Chevrolet in Arroyo Grande, as follows: One half-ton pickup truck to be used by the Water Department, incthe amount of $5,088.00 plus applicable increase for the 1980 invoice, not to exceed 6%; and one two-ton truck cab and chassis in the amount of $13,464.00 plus applicable increase for the 1980 invoice, not to exceed 6%. u PROGRESS REPORT - SO. SLO COUNTY SANITATION DISTRICT The Council received the monthly report for July, 1979 from the Chief Plant Operator of the Sewer Treatment Plant, along with the Revenue & Expenditure report for the 1978-79 fiscal year. City Administrator Butch gave a brief update on the progress of the sewer outfall line construction. WRITTEN COMMUNICATIONS - OFF AGENDA: 'A. GRANT PERMISSION FOR ABSENCE FROM STATE - SMITH A motion was made by Councilman Pope, seconded by Councilman de Leon and unanimously carried, granting Council Member BlAnn Smith permission to be absent: from the State during August, per her written request. B. APPROVE APPLICATION FOR WATER WELL - SARUWATARI City Eqgineer Karp reviewed with the Council an application for a water well for Stone Saruwatari, whose current well, for agricultural purposes, ran dry. :;' After Council discussion, a motion was made by Councilman Pope, seconded by Council- man de Leon, and unanimously carried, granting approval to Stone Saruwatari's application for a water well within the City, subject to the County Health Depart~ mentis approval. r ~ CITY COUNCIL ARROYO GRANDE, CALIFORNIA r----.' \i 225 :i , AUGUST 14, 1979 PAGE 9 ORAL COMMUNICATIONS - OFF AGENDA I. Mayor Millis stated concerns have been indicated by City Commissions when a Council Member is slated to attend their meeting but does not show up. He suggested that if a Council Member is scheduled for a" meeting and cannot attend it, that said Council Member try to have another Member of the Council qover "the COIllll!iss~on I s meeting. . II. Council Member Pope requested research be done to include provisions in City.s ordinances fo take into consideration a situation such as Bill Lackey.g, ,in regard to required. ,improvements "when. a bui.lding ".permi t isuapplied for when construction is undertaken to replace/repair a structur~ damaged by "an act of God", such as fire. City Attorney Sliipsey was directed to research this matter. thei , , ADJOURNMENT On motion of Councilman de Leon, seconded by Mayor Millis and unanimo~sly carried, the meeting adjourned at 11:25 P.M. ATTEST:~"~ 'X.dd (1n~ CITY CLERK (See Page 2 of these Minutes for explanation "reo below additions) PROGRESS REPORT- CONTROL OF "ADULT ENTERTAINMENT BY ZONING/USE PERMIT METHOD The Council reviewed ordinances from the City of West "Covina regarding their method of controllirig "adult" motion pictures through zoning; and some provisions drafted by the City Attorney through his investigation, "controlling "adult entertainment" through zoning and Use Permit procedures. In response to Councilman Pope's question as to whether the ordinance had been tested in court yet, Administrator Butch explained that this ordiriance was brought to the City's attention through a news report which stated that" the West "Covina Police Chief had cited an operator of motion pictures because the film was not in compliance with the Use Permit. After Council discussion, it was directed that the City Attorney arid Police Chief review the material received and make a recommendation to the Council at its next meeting. /:1 "'I ORDINANCE ADOPTION - ADOPT CURFEW FOR MINORS IN THE CITY Administrator Butch read the title of an Ordinance establishing a curfew for minors; thereafter, a motion was made by Councilman Gallagher, seconded by Councilman de Leon and unanimously carried, to dispense with reading the balance of this ordinance. ORDINANCE NO. 194 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY ADDING CHAPTER 13 OF TITLE 5 THEREOF TO PROVIDE FOR AN 11:00 P.M. CURFEW FOR MINORS WITHIN THE CITY OF ARROYO GRANDE. On 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 Pope, Gallagher, de "Leon arid Mayor Millis None Council Member Smith the foregoing Ordinance was passed and adopted this 14th day of August, 1979.