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Minutes 1979-09-11 234 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER"11, 1979 The City Council met 'in regular session with Mayor Millis presiding. roll call, Council Members Matthew P. Gallagher, Jr., Gabe de Leon and B'Ann reported present. Council Member Hugh o. Pope, Jr. is absent. Upon 'Smith PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag. Thereafter, Reverend pitcher of the Church of the Nazarene in Grover City, delivered the invocation. I "\ APPROVAL OF MINUTES On motion of Councilman Gallagher, seconded by Councilman de Leon and unani- mously carried, the minutes for the regular meeting of August 28, 1979, and regular ~djourned meeting of August 29, 1979, were approved as prepared. The 'Council was informed that an agenda item had been omitted from the August 14th minutes. After Council discussion, a motion was made by 'Councilman Gallagher, seconded by Councilman de Leon and unanimously ,carried, amending the August 14, 1979 Council minutes to include the following: 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 controlling "adult" motion pictures through zoning; and some provisions drafted by the City Attorney through his investigation, control- ling "adult entertainment" through zoning and Use Permit procedures. In response to Councilman Pope's question as to whether the ordinance had b~en tested in court yet, Administrator Butch explained that this ordinance ,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 and Police Chief review the 'material ., received and make a recommendation to the Council at its next 'meeting. D COUNCIL MEMBER POPE ENTERED THE MEETING DURING THE ABOVE AGENDA ITEM AND IS NOW PRESENT. '- APPROVAL OF/WARRANTS On motion of Councilman de Leon, seconded by 'Councilman Gallagher and un~ni- mously carried, Demand Warrants No. 11413 through No. 11484, and No. P707 through No. P730, in the total amount of $227,795.78; and Payroll Warrants No. 14816 through No. 14922, in the total amount of $43,354.96, were approved and ordered paid. '.".' REPORT RE. REVIEW OF ENTRIES BY CITY EMBLEM CONTEST COMMITTEE - MANKINS County Supervisor Howard Mankins reported on the review of 39 entries by "the City Emblem Contest Committee. He presented three emblems for the Council's review, taking into consideration the requirements set forth for entries. Aside from the rules, he also presented the submission by one entrant of the current emblem which included reasons why it would be good if modified to bring in the modern aspects of the City. Mayor Millis thanked the Committee for its time and efforts in reviewing ,the entries. He suggested discussion of the emblem be delayed until the Council's next meeting, to enable the Council and public time to view the submitted entries. Councilman Pope stated he would also like to receive staff recommendations on how the emblems would show up on autos, etc. Mayor Millis directed this matter be on the Council's next agenda and that letters of thanks be sent to the Review Committee members. D APPROVAL OF CONSENT AGENDA On motion of Councilman Gallagher, seconded by Councilman de Leon and unani- mously.carried, the following Consent Agenda Items were approved, as recommended by City Administrator Butch. A-1. Receipt of Quarterly Report from People's Self Help Housing Corporation, Re. Minor House Repair Program. RECOMMEND RECEIVE AND FILE. A-2. Receipt of Minutes, Central Coast Cities' Self~Insurance Fund, 8/8/79. RECOMMEND RECEIVE AND FILE. NOTIFICATION OF ITEMS WITHDRAWN FROM AGENDA Item D-1, regarding Tract No. 675 (Foremaster). r '::.c~ f '..-' .235 "i CITY COUNCIL ARROYO GRANDE, CALIFORNIA i I I SEPTEMBER 11, 19~9 PAGE 2 ORDINANCE ADOPTION - REZONE #79-127, LOT 11 OF TRACT 604, "RA" TO RAB3" (KVIDT) Administrator.Butch read.the title of an ordinance amending.the Municipal Code by rezoning certain property in the City. A.motion was then made by Councilman de Leon, seconded by Councilman Gallagher and unanimously carried, to dispense with reading the balance of this ordinance. ORDINANCE NO. 196 C.S. AN ORDINANCE OF THE CITY OF .ARROYO GRANDE AMENDING A PORTION OF THE ZONING MAP OF THE CITY OF ARROYO GRANDE REFERRED TO IN SECTION .302 OF TITLE 9, CHAPTER 4 OF THE MUNICIPAL CODE SO AS TO REZONE .CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE. On 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 Pope, Gallagher, de .Leon, Smith and.Mayor Millis None None the foregoing Ordinance was passed and adopted this 11th day of September, 1979; ADD RESIDENTIAL SUBURBAN ("R-S") DISTRICT TO ZONING ORD. - ORDINANCE 1ST READING .Administrator Butch stated that the Planning and Public Works Departments still feel very strongly opposed to community wells. The Council at its last meeting had amended Section 9..4.1511 (c) by giving the Council the prerogativecof granting or denying use of community wells in this zone. City Staff feels thatJ authorizing community wells would bring numerous problems for the City. City Engineer Karp expounded on the reasons for objecting to the wells, with Planning Director Castro also stating his support for deletion of the community well approv~l. Councilman Pope. felt the section should.stay as adopted, as it gives the Council more latitude in considering requests. He further stated that during the public hearing, the property owners in the Printz Road area wanted the wording as adopted, and left the meeting with the impression that a second reading would be held tonight on what was discussed at the last meeting. William Lackey stated his feeling that if the ordinance is going to be modified from what was.considered at the last meeting, that the public hearing should be reopened. After further discussion of the community well subject, among Staff and Council Members, a motion was made by Councilman Gallagher and seconded by Councilwoman Smith, to modify the ordinance by deleting the addition to Section 9-4.1511 (c) at the Council's last meeting, so that it now reads as follows: "That. no buildingperrnit be issued where water supply depends on service from a community well system". Said MOTION PASSED on the following roll. call vote: AYES: Council:i Members Gallagher, Smith and Mayor.Millis; NOES: Council Members Pope and de Leon; ABSENT: None. Administrator Butch then read, for its first reading, the title of an ordinance amending the Municipal Code by adding provisions thereto establishing a Residential Suburban ("R-S") District. PUBLIC HEARING - AMEND LAND USE MAP RE. PROPERTY NO. OF EXTENSION OF LE POINT ST. Administrator Butch informed the Council that this proposed Land Use Map. change, if adopted, would be the last one allowed the City this year, per the Government Code. Planning Director Castro stated he did not feel this would be a problem since he did not feel any further changes could be finished this year anyway. Planner Sullivan explained the ,Planning Commission~s recommendation to amend the Land Use Map of the General Plan from Low Density Residential to Central Busin~ss District (CBD) for certain properties located northerly of the extension of Le poiAt Street. He stated that.Mr & Mrs Clem Lambert were the original petitioners fo; th~ change, with the City including the Guidotti property to square out the area. The' Hart property is not included in the change. The hearing having been properly published and noticed, .Mayor Millis declared the hearing open for public comment. CLEM.LAMBERT, 850 Virginia Drive, spoke in favor of the. change, and described. their plans for revitalization of the property. There being no further. public comment, Mayor Millis declared the hearing ,: closed. Council discussion followed, with Council Members being in general agree-:! rnent with the change. After discussion, a ~otion was made by Councilman Gallagher; seconded by Councilman de Leon and unanimously carried, directing that a resolution 236 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 11, 1979 I, PAGE .3 be prepared for the adoption of an amendment to the Land Use Map of the City's General Plan, by changing from Low Density to Central Business District, certain properties located northerly of the extension of Le Point Street. ADD RESIDENTIAL SENIOR CITIZENS ("R-SC") DISTRICT TO ZONING ORD. - ORDINANCE 1ST READ. Administrator Butch read the title of an ordinance adding the "R-SC" District to the City's Zoning Ordinance. A motion was then made by Councilman Gallagher, seconded by Councilman de Leon and'unanimously carried, to dispense with reading the balance of this ordinance. It was pointed out that a correction was made in section 9-4.3814(g), changing the 300 sq. feet to 30 sq. ft. of multi-purpose indoor recreation space required per dwelling unit. The error had been a staff mathematical one, and City Attorney Shipsey advised it would be best to have a first reading again of the ordinance ,before adoption. Councilmen Gallagher and de Leon then withdrew their motion and second, respectively. Administrator Butch then read, for its first reading, the title of an Ordinance amending the Municipal Code by adding provisions thereto establishing a Residential Senior Citizens ("R-SC") District. 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. u ORDINANCE ADOPTION - ESTABLISH CONDOMINIUM & CONDO. CONVERSION STANDARDS Administrator Butch read the title of an ordinance amending the Municipal, Code by providing for community standards, specifically for construction of new condominiums and condominium conversions. A motion was then made by Councilman Gallagher, seconded by Councilman de Leon and unanimously carried, to dispense with reading the balance of this ordinance. ORDINANCE NO. 197C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY ADDING ARTICLE 39 TO CHAPTER 4 OF TITLE 9 TO PROVIDE FOR COMMUNITY HOUSING STANDARDS. On motion of Council Member Gallagher, seconded 'by Council Member Smith and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Pope, Gallagher, de Leon, Smith and Mayor Millis None None the foregoing Ordinance was passed and adopted this 11th day~of September, 1979. REQUEST FOR WATER/SEWER SERVICE OUTSIDE OF CITY (DUNN) -'DENIED , The Council read a letter from Richard Dunn of Cayucos, requesting2water 'and sewer services from the City to property he owns at the northeasterly corner of Oak Park Boulevard and Highway 101. The property is approximately two acres and is within the limits of Pismo Beach. Mr. Dunn was present and clarified that the service would only be temporary until he can get services from Pismo Beach, and that he would like to develop the land, which he feels is just an eyesore now. The Council discussed the request, agreeing that service could not be given to property in another city. After Council discussion, a motion was made by Councilman de Leon, seconded by Councilman Pope and unanimously carried, directing City Staff to write to Mr. Dunn, advising him that the requested sewer 'and water services to his property in Pismo Beach would not be available from this City. D CONCERN RE. INDUSTRIAL ZONING ON STRAWBERRY FIELDS - CSLRCD The Council read a letter from D.G. Porter, President of the Coastal San Luis Resource Conservation District (CSLRCD), being concerned with the industrial zoning of strawberry fields between Grand Avenue and Ash Street, near the westerly boundary of the City's limits. Planning Director Castro stated that the Land Use Map has shown this area in Heavy Commercial-Light Industrial, for many years and the Zoning Map was now brought in conformance with it. Councilwoman Smith took, exception to the timing of this concern, stating that public hearings had been held on the change and it should have been brought up by CSLRCD'then. After Council discussion, a motion was made.by Councilman Pope, seconded by Councilman Gallagher and unanimously carried, submitting the letter from CSLRCD 'to the Planning Department for "their future reference. -n J I ~ -I-'~'- . 237 I CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 11, 1979 PAGE 4 REQUEST FOR SUPPORT RE. HYDROELECTRIC PROJECT (TURLOCK) - NO ACTION The Council reviewed a letter from the Turlock Irrigation District, requesting support for the Clavey-Wards 'Ferry Hydroelectric Project. As the ' deadline 'for input was Sept. 11th and general policy of 'the City has been not to take a position on issues not directly effecting it, the Council took no 'action. REPORT - RECENT COUNTY AREA COUNCIL OF GOVERNMENTS', MEETING - GALLAGHER Councilman Gallagher reported on the September 6th meeting of the County Area Council of Governments' (COG). He stated that discussion was held regarding SB620; which ,states that the extra gas sales tax monies realized from price increases, would be used for mass transportation. A Riders' Guide to Trans- portation Services of the City of Sam, Luis Obispo & County was displayed and more will be printed. COG',:also discussed a van pooling program, and TTAC urged support of it, which would provide more ,specific transportation according to needs. RECEIPT OF 1979/80 OVERALL WORK PROGRAM FROM COUNTY AREA COUNCIL OF GOVERNMENTS The Council received copies of the 1979/80 Overall Work Program from the County Area Council of Governments (COG), which has already been adopted by COG. City Staff felt the City Council should have an opportunity to see documents of this nature before COG adopts them. Planner Sullivan added that member agencies of COG should have an opportunity to review any document in its completed form before COG ,adopts it. After Council discussion; a motion was made by Councilman Pope, seconded by Councilman Gallagher and unanimously carried, directing the City Administrator to write a letter to COG indicating that the Council has taken the position of wanting to review documents in their completed form before COG adopts them. RECEIPT OF LATEST LEGISLATIVE BULLETINS FROM LEAGUE OF CALIFORNIA CITIES The Council received and reviewed the latest ,Legislative Bulletins from the League ,of California Cities. Also received was a 50-page booklet containing resolutions to be considered at,the League's Annual Conference later this month. Councilman Pope stated he felt the City Staff and public should. have an opportunity to review them and direct their concern about any of them to the City's voting delegates. Councilman Gallagher stated he would be available for any comment from, the Councilor Staff regarding voting on the resolutions. NOTICE OF PUBLIC HEARING - REZONE #79-128, "R1" TO "CBD" - LE POINT ST. EXTENSION ,PROPERTIES: 10/9/79 Notice was received by the Council that a public hearing would be held on October 9, 1979, on the Planning Commission's recommendation to rezone, from "R111 to "CBD", certain properties north of the extension of Le Point Street. REPORT ON ORDINANCE RE. BUILDING PERMIT REQUIREMENTS 'IN DISASTER CASES -'HELD OVER City Attorney Shipsey stated he was not yet 'ready to present an ordinance -for the Council's consideration regarding building permit requirements in cases where an "act of God" or other disaster has affected the applicant. PROGRESS REPORTS: VARIOUS CITY PROJECTS FIRE STATION"SITE: Administrator Butch reviewed that funds have been budgeted for architectural fees and site development, and requested to proceed to solicit proposals from firms in this County. Councilman Pope suggested, and ,the Council agreed, to include the northern half of Santa Barbara County in the sphere of proposal solicitation. After Council ,discussion, a motion was made by Councilman Pope, seconded by Councilman Gallagher and unanimously carried, to limit the scope of architectural review for the proposed fire station site to candidates whose bus~ness is conducted within the County of San Luis Obispo or the northern half of 'Santa Barbara County. COMMUNITY BUILDING: The City has been negotiating with ,the Woman's Club to resolve the contract with them. A revised contract has been prepared by the City Attorney, which is being reviewed by various groups involved, and it is hoped it will be available for Council review at its 10/9/79 meeting. STROTHER COMMUNITY PARK: Parks Director Keisler stated that detailed working plans have been received for the barbecues, etc. and are being reviewed. Mayor Millis suggested that the evening Kiwanis be contacted for their possible interest in helping develop the park. John Keisler further reported that trees had been ' offered for donation by William Lackey from property he owns, but the Parks crew felt they were too large to be transplanted successfully. Mr. ,Lackey was thanked, however, for his offer. 238 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 11, 1979 PAGE 5 SOTO SPORTS COMPLEX: Gee Gee Soto was present and reported that the Jaycees are out of 'money; that poles for the lights were quoted as costirig $1500, but sh~ received a call from an individual who said he could get them for $600; arid the Kiwanis Club of Greater pismo Beach has donated $3,000 toward the finishing 'of the building. John Keisler reported that the A.G. Valley Kiwanis has decided to give its support toward the beautification of the Elm Street barbecue area. ,- WATER SYSTEM: City Engineer Karp reported that they are going to site th~ tank so escrow can be opened with Mr. Frederick. In answer to Councilman Pope, he stated that no "letter of Intent" has been o!)tained yet from the seller. RECEIPT OF ,MONTHLY DEPARTMENTAL REPORTS FOR AUGUST, 1979 The Council received and reviewed the monthly Departmental Reports for August, 1979. o RECOMMENDATION RE. TRACT NO. 675 (FOREMASTER) - HELD OVER The City Engineers recommendations regarding Tract No. 675 by Foremaster were held over. DISCUSSION RE. TENTATIVE SUBSCRIPTION FOR WATER FROM NACIMIENTO PROJECT Administrator Butch reviewed that Clint Milne of the County Engineering Department would like a tentative idea from the City if and how much water it would subscribe to from the Nacimiento Project should it be rejuvenated. The tentative subscriptions are;::..:necessary to better?,assess costs for same, even though it is known that water from this project will be much higher than would have been from the State Water Project. After Council discussion, a motion was ,made by Councilman ,Pope, seconded ,by Councilman Gallagher and unanimously carried, that a letter of intent be written' to the County indicating that this City may have a tentative interest in subscribing for 1500 acre feet of water from the Nacimiento Project, and would they please advise , the City of the approximate costs for same. REPORT RE. SHORT STREET SWINGING BRIDGE - CITY ,ENGINEER Administrator Butch reported that much discussion has been held among the Staff regarding the abuse the Swinging Bridge receives during the Harvest Festival. It has been requested that consideration be given to the hiring of two uniformed' persons to police the bridge at each end, for 14 to 16 hours, at an estimated cost of $150. City Engineer Karp stated that research into barricades revealed it could cost about $240, plus the added liability of persons trying to climb over or aro~nd the barricades, which could also be torn down. After Council discussion, a motion was made by Councilman Gallagher, seco~ded by Councilman de Leon and carried, authorizing the expenditure of $150 to hire two uniformed persons to police the Swinging Bridge during the upcoming Harvest Festival. PROGRESS REPORT - SO. SAN LUIS OBISPO COUNTY SANITATION DISTRICT The Council reviewed the monthly report for August, 1979, from the Chief Plant Operator of the South San Luis Obispo County Sanitation District's Treatment Plant. Admiriistrator Butch reported that the trestle is going up, for repair of 'the ocean outfall line. o WRITTEN COMMUNICATIONS - OFF AGENDA A. An invitation was received from the Peace ,Lutheran Church in Arroyo Grande, inviting the Council to attend the Church's 25th Anniversary on September 22, 1979. B. The Council received notice of a South Courity Water Association meeting to be held in Pismo Beach on September 18, 1979 at 7:30 P.M. C. Mayor Millis proclaimed the week of September 24th through 28th, 1979, as "Eagle Week" and September 28th as "Eagle Day" in the City of Arroyo Grande, 'in honor of the Arroyo Grande High School Football ,Team. ORAL COMMUNICATIONS - OFF AGENDA I. William Lackey of Pismo Beach, asked how a restriction placed on his Parcel Map, 'for property on Printz Road, could be removed. He stated he has received various instructions as to the proper procedure, so wished to have Attorney Ship:sey's advice. City Engineer Karp clarified that the Commission placed a restriction on the Parcel Map, which states that until City services are available to his parcel created by the map, he would not be able to build on it. Planning Director Castro stated that the Commission cannot authorize private water wells and it "would be up to the City I' ~-- Ii )?Q ,--vV ii " CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 11, PAGE 6 , " " 1979 !i ~ I I I , !i , I Council to exempt the applicant from the condition. 'As Mr. 'Lackey wanted to have the condition lifted because the area is planned for inclusion in the proposed "R-S" District, he had advised Mr. Lackey to wait until the ordinance for the "R-S" District is legally adopted; the property is rezoned; and then request the Council for the exemption. r Mr. Lackey requested if, in the interest of time, the restriction could be lifted conditioned upon the approval of the "R-S" District. Councilman Pope felt the qondition should not be removed until the City is sure that the parcel is actually in the "R-S" District, and when it is, then make a condition that the restriction be removed fro~ the map. Mr. Lackey then asked that when the restriction is removed and he pokes 8 or 10 dry holes in the property in search of water, then what does he do. He was told he then has an unsalable item. Mayor Millis again explained that the procedures should not be shortstepped, and that once the "R-S" District is approved, Mr. Lackey can apply for a zone change and then be concerned about all the other problems: II. In response to a concern raised by Councilman de Leon, the City ,Staff will investigate the type of cooperation between law enforcement agencies in the event a person, just outside our City Limits calls ,our Police Department regarding a crime, to see whether said Department could then contact the proper agency.' 'III. Councilman Gallagher requested a clean-up of ponding basins on Farroll Street just across from the Convalescent Hospital, ,and the lifted part of a sidewalk area there be corrected. He also requested a complete history of what , has occurred regarding the development on Crown Terrace. Planning Director Castro stated he is already working on this. IV. Councilman Pope presented copies of the Paso Robles and Arroyo Grande Groundwater Basin Studies. ADJOURNMENT On motion of Councilman de Leon, seconded by Councilwoman Smith and on the following roll call vote, to wit: AYES: Council Members 'Pope, Gallagher, de Leon, Smith and Mayor Millis; NOES: None; ABSENT: None, the regular Council meeting of September 25, 1979, ,was cancelled, and this meeting ,adjourned at:,9:,18P;M:. until 7: 30~P':M'; ,oFl",WednesdaY';"September 26, 1979. ATTEST:~ ry. ~ '~7 CITY CLERK ~~A$, f .,.