Minutes 1979-09-26
240
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 26, 1979
The
presiding.
Gallagher,
City Council met in.a regular adjourned meeting with Mayor Millis
Upon roll call, Council Members Hugh o. Pope, Jr., Matthew P.
Jr., Gabe de Leon and B'Ann smith reported present.
PLEDGE.. OF ALLEGIANCE AND INVOCATION
Mayor Millis led the Pledge of Allegiance to our Flag. Thereafter,
Councilman Gallagher delivered the invocation.
APPROVAL OF MINUTES
On motion of Council Member smith, seconded by Cou~~il 'Member Gallagher'
and unanimously carried, the minutes for the regular meeting of September 11,
1979, were approved as prepared.
APPROVAL OF WARRANTS
On motion of Councilman de Leon, seconded by Councilman Gallagher
and unanimously carried, Demand Warrants No. 11485 through No. 11556, in the
total amount of $35,625.40; and Payroll Warrants No. 14912 through No. 15010,
in the total amount of $47,090.94, were approved and ordered paid.
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APPROVAL OF CONSENT AGENDA
On motion of Councilman de Leon, seconded by Councilwoman Smith and
unanimously carried, the following Consent Agenda Items were approved, as
recommended by City Administrator Butch.
A-I.
1979.
Receipt of the.City of Arroyo Grande's Fall Recreation Schedule for
RECOMMEND RECEIVE AND FILE.
A-2. Request by Access California that the Mayor Proclaim the Month of
October as "Employ the Handicapped Month." RECOMMEND THAT THE MAYOR SO PROCLAIM.
A-3. Reminder - ARROYO GRANDE HARVEST FESTIVAL PARADE - "REMEMBER THE GOOD TIMES",
SATURDAY, SEPTEMBER 29, 1979, .10:00 A.M..
A-4. Receipt of Monthly Liability Experience Report, Central Coast Cities'
Self-Insurance Fund. RECOMMEND RECEIVE AND FILE.
QRj:lINl>NcE ADOPTION - .ADD RESIDENTIAL SUBURBAN ("R-S") DISTRICT TO ZONING ORDINANCE
Administrator Butch read a letter signed by residents of the northerly.
portion of the City (Printz Road area), commending the City Council and Staff
for the cooperative work with residents to develop the "R-S" District and
adding their support to the ordinance as it now exists, ready for its second
reading/adoption. .
Administrator Butch then read the title of an ordinance amending the
Municipal Code by adding provisions thereto establishing a Residential
Suburban "R-S" Distr:!-ct. 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. 198 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE
ARROYO GRANDE MUNICIPAL CODE BY ADDING ARTICLE 15 TO
CHAPTER 4 OF TITLE 9 TO PROVIDE FOR A RESIDENTIAL
SUBURBAN ("R-S") DISTRICT.
On motion of Council Member Gallagher, seconded by Council Member de
Leon and on the following roll call vote, to wit:
o
AYES:
NOES:
ABSENT:
Council Members Pope, Gallagher, de Leon, Smith and Mayor Millis
None
None
the foregoing Ordinance was passed and adopted this ,?6th day of September, 1979.
ORDINANCE ADOPTION - ADD RESIDENTIAL SENIOR CITIZENS "R-SC" DISTRICT TO ZONING ORDINANCE
Administrator Butch read the title of an ordinance amending the
Municipal Code by adding provisions thereto establishing a Residential
Senior Citizens (nR-SC") District to the Zoning Ordinance. A motion was
then made by Councilman Gallagher, seconded by Councilwoman Smith and unani-
mously carried, to dispense with reading the balance of this Ordinance.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 26, 1979
PAGE 2
ORDINANCE NO.
199 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE
ARROYO GRANDE MUNICIPAL CODE BY ADDING ARTICLE 3~ TO
CHAPTER 4 OF TITLE 9, TO PROVIDE FOR A MULTIPLE-SENIOR
CITIZENS ("R-SC") DISTRICT, AND BY AMENDING SECTION 9-4.2602.
On motion of Council Member Gallagher, seconded by Council Member
de Leon and on the following roll call vote, to wit:
, AYES:
NOES:
ABSENT:
. Council Members Pope, 'Gallagher, de Leon, Smith and Mayor Millis
None
None
the foregoing Ordinance was passed and adopted this 26th day of September, 1979.
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RESOLUTION ADOPTION - AMEND LAND USE MAP RE. PROPERTIES NORTH OF EXTENSION OF LE POINT
Administrator Butch read the title of a Resolution, prepared pursuant
to the Council's direction at its last meeting, amending the Land Use Map
of the General Plan to change the classification of cer,tain properties ',".'
northly of the extension of Le Point Street, from "Low Density Residential"
to 'Central Business District" (CBD). A motion was then made by Councilman
Gallagher, seconded by Councilman de Leon and unanimously carried, to
dispense with reading the balance of this resolution.
RESOLUTION NO. 1377
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING THE AMENDED 'LAND USE ELEMENT OF THE
GENERAL PLAN.
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 Resolution was passed and adopted this 26th day of ,September, 1979.
PROGRESS REPORTS - VARIOUS CITY PROJECTS
FIRE STATION ,SITE: Administrator Butch reported that the City has
sent out proposals for an architect and will be interviewing them in the near
future.
COMMUNITY BUILDING: The Parks & Recreation Commission and Woman's Club
are still discussing various'items ~~,the ,contract.
STROTHER COMMUNITY 'PARK: The Rotary Club has started construction
on the entrance sign.
SOTO SPORTS COMPLEX: The Sports Associates have graded for,' the
restroom and installed the electrical panel.
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WATER SYSTEM: City Engineer Karp reported that the topographical and
geology information have been transmitted to Engineering Science, the Rese~voir .
#4 designer, for final siting of ,the tank.
RESOLUTION ADOPTION - AUTHORIZE CLOSURE OF CITY STREETS FOR FESTIVAL PARADE
The Council'read a 'letter from the"Arroyo Grande Harvest Festival
Committee, requesting closure of certain City streets for the parade on
Saturday, September 29, 1979, and other festival related services.
After Council discussion, Administrator 'Butch read the title of a
Resolution authorizing the closure of certain City streets. A motion
was made by Councilman Gallagher, seconded by Councilwoman Smith and unanimously
carried, to dispense with reading the balance of this resolution.
RESOLUTION NO. 1378 '
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REQUESTING AUTHORIZATION TO CLOSE A CITY STREET.
242
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 26, 1979
PAGE 3
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 Resolution was passed and adopted this 26th day of September, 1979.
REQUEST FOR SUPPORT OF BALLOT MEASURE RE. TAX FOR LIBRARIES
The Council read a letter and information from the Local Library Users
united, requesting support of Ballot Measure B on the November 6 election,
which would provide for a tax for libraries. Mr. Brock of the organization
was present and elaborated on the requested endorsement and purpose of
the tax, which would be $5 per household.
After Council discussion, it was generally agreed that further in-
formation would be needed for any support to be given, such as whether the
taxed monies from this area would aid the area's libraries; and a copy of
the actuaL measure the way it will appear on the ballot. This matter will
be on the Council's next agenda with the foregoing requested information. ~,
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DETERMINATION OF CITY EMBLEM CONTEST WINNING ENTRY
Administrator Butch reviewed the background of the City's Emblem
Contest, including the guidelines and rules for entrants. Along with
copies of the Screening Committee's three recommended finalists, a copy of
comments submitted by an undisclosed entrant with the City's current emblem
were read. The Emblem Committee had indicated its concurrence with the
comments by adding their signatures also to them. A letter was also read
from Don Ross, who had .withdrawn his entry, taking exception to the manner
in which the contest was handled.
Mayor Millis clarified that the contest will have a winner, but it
does not obligate or mean that the City will necessarily change its current
emblem or use the winner's entry. Councilman Pope stated his impression
that the contest winner's emblem would be used by the City. Lengthy discussion
ensued by the Council regarding the .rules and.the Emblem Screening Committee's
submission of three finalists for the Council's consideration, rather than ten.
Mayor Millis reviewed that the Committee's Chairman, Howard Mankins, had
stated only three finalists had been submitted from the 39 entries, as these..
were the only ones they felt were in keeping with the rules requiring the
past, present and future be depicted.
After Council discussion, a motion was made by Councilman Gallagher
and seconded by Councilman de Leon, accepting the three entries presented as
finalists in the City's Emblem Contest as recommended by the Emblem Screening
Committee. Said MOTION PASSED on the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Council Members Gallagher, de Leon and Mayor Millis
Council Member Pope
None
Council Member Smith
Council then discussed the three entrles to determine the winner.
The drawings were labled by alphabetic letter, with "A" depicting a tractor and
vegetables in the foreground and the ".Conrow House" and other buildings along.
with hills in the background; entry "B depicting various scenes including the ;
Swinging Bridge, Hoosgow, a stagecoach, etc. in indi~idual circles within a large
circle; and "C" showing City Hall with a stagecoach in front of it and agricul-
tural fields behind it toward hills in the horizon.
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After Council discussion, a motion was made by Councilman Gallagher and
seconded by Councilman de Leon, selecting entry "A" as the winner of the Emblem
Contest. Said MOTION PASSED on the following roll call vote: AYES: Council
Members Gallagher, de Leon and Mayor Millis; NOES: None; ,ABSENT: None;
ABSTAINED: Council Members Pope and Smith.
The entrant's name of the winning drawing will be announced on Thursday,
September 27th at the Harvest Belle Contest Dinner.
Mayor Millis stated
the Council's next Agenda.
be written to all entrants
that discussion of an
Councilman _Gallagher
of this contest.
emblem for the City would be on
requested that letters of thanks
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CITY,:COUNCIL
ARROYOIJGRANDE., :"CJl:LIFORNIA
SEPTEMBER 26,
PAGE 4'
1979
RECOMMENDATIONS FROM PLANNING COMMISSION'S RECENT MEETING
(a) A public hearing has been set before the Council on 10/9/79 at 8 P.M.
regarding the Commission I s reconnnendation to rezone, from "R_1" to nCBD~I, certain
properties located northerly of the extension of Le Point Street, as requested by
the Lamberts in Rezone Case No. 79-128.
(b) Planning Director Castro reviewed that the Planning Commission has
determined that a Focus Report should be required on the Lacky-Burke Subdivision,
"Pacific Printz Estates". Bids will be called for said report, which would address
concerns regarding grading, drainage, fire protection, circulation, cumulative
effects of a community well system vs. individual water wells in one watershed
area; and effects of septic systems on existing ground water quality.
After Council discussion, a motion was made by Councilman 'Gallagher,
seconded by Councilwoman Smith and unanimously carried, authorizing a call for
bids for the preparation of a Focus Report 'on the Lackey~Burke Subdivision,
"Pacific Printz Estates", as outlined above and reconunended by the Planning
Connnission.
REPORT ON ORDINANCE RE. BUILDING REQUIREMENTS IN DISASTER CASES
Administrator Butch reported that the City Attorney has prepared a draft of
an ordinance to consider "Acts of God" or disaster, with reference to existing
City Ordinance requirements for construction/reconstruction. He stated there
are some blanks which still need some research, after which said proposed
ordinance will be presented to the Council.
LETTER OF CONCERN REGARDING CITIZENS' PARTICIPATION DURING COUNCIL MEETINGS
The Council read a letter from Marie Cattoir, 195 Orchid Lane, citing her
concern regarding her feeling that a gentleman had not been given an opportunity
to speak on a subject matter he had 'submitted fo~ the Council Agenda. Mr. Colin
Carlberg had submitted, for the Council's June 26, 1979 Agenda, a proposed
resolution for emergency ~vacuation plans ,in case of an accident at Diablo Nuclear
Power Plant. As the County and Cities were at the time already studying an
evacuation plan for areas around Diablo, the information was merely referred to
that study committee without much discussion or action.
Mayor Millis requested that Mr. Carlberg be contacted, inviting him to
speak before the Council on the above-stated subject matter.
INVITATION TO SPECIAL MEETING ON EMERGENCY SERVICES - OCTOBER 12TH
The Council received an invitation from Supervisor Kresja, ~to attend a
special meeting regarding emergency services, on October 12, 1979. Administrator
Butch stated that:,City Staff members will attend the meeting.
LETTER OF CONCERN RE. BICYCLE RIDING ON SIDEWALKS (SHARPS) - REFER TO PARK. & TRAPF.
The Council read a letter from Helen M. Sharps, regarding bicyclists
riding on sidewalks and down Crown Hill in a manner unsafe to pedestrians. A
review of the matter by Police Chief Clark indicated that the City Council has the
authority to enact an ordinance prohibiting bicycles on City sidewalks, although
he pointed out that young bicyclists learning to ride would be safer on sidewalks
in residential areas. He further stated in his report that a daily patrol of the
area has been assigned during the problem hours to see if it can be resolved.
After Council discussion, a motion was made by Councilman de Leon, seconded,
by Councilman Gallagher and unanimously carried, referring the bike riding problem
on sidewalks to the Parking '& Traffic Commission for its review and recommendation~.
REVIEW OF LATEST LEGISLATIVE BULLETINS FROM LEAGUE OF CALIFORNIA CITIES
The Council received and reviewed the latest Legislative Bulletins from the
League of California Cities. A brief report was also given regarding attendance at
the recent League Conference in San Francisco, at which an Arroyo Grande introduced
resolution had passed the State League unanimously.
PROGRESS REPORT RE. BRISCO ISLAND ANNEXATION
Administrator Butch reported that the' County Board of Supervisors had denied
the,',Biisco Island Annexation,' 'which :the _,Cii1ty:had' appil;ied"'for 'under"thectemporary
"Morga Island Annexation Law". The Qouncil can initiate the old annexation
procedures if it wishes. Councilman Pope suggested that property owners in the
"island area" should circulate petitions for annexation if they are so interested'.
RECEIPT OF OUARTERLY REPORT ON SALES TAX
The Council received and reviewed
revenues for the second quarter of 1979,
& CIGARETTE TAX REVENUES
a report on Sales Tax and Cigarette Tax
which was the largest in the history of
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 26, 1979 :
PAGE 5
the City. Sales Tax Receipts were $129,554;
through August, 1979, were $21,775.
and Cigarette Tax Receipts for January
PROGRESS REPORT ON SOUTH COUNTY AREA TRANSIT (SCAT)
Council Member Smith reported on a recent meeting of SCAT, stating that
ridership is continuing at a high level. A new contract with San Luis Transport?tion
will be looked at soon. Service on various holidays may be dropped because of low
ridership on them. Fares will be going up because of the price of gasoline having
increased 100% since the original contract.
REQUEST FOR CLARIFICATION RE. HEIGHT DETERMINATION ON SINGLE FAMILY DWELLINGS ,
Planning Director Castro presented plans of a construction project, which'
includes one family dwelling described as being three stories but does not exceed
a 30' height. He reviewed that the Municipal Code Section 9-4.605 regarding
. maximum.,aLlowable' height ,in "R-1" districts allows the following: ""Main buildings.
Two stories, not to exceed 30 feet." In his report, Mr. Castro recommended that
"so long as the height limitation is not being violated, the third story
definition is moot, being that the homes are being constructed on a slope and
actual design and height of the homes should be compatible with homes currently
built in this particular development".
After Council discussion, a motion was made by Councilman Pope, seconded by
Councilman de Leon and unanimously carried, sUbmitting this matter to the Planning
Commission for their study and recommendations.
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REVIEW OF APARTMENT DEVELOPMENTS ON CROWN HILL
The Council reviewed a report dated September 21, 1979, from Planning Director
Castro regarding the Crown Hill Apartments and Le Point Terrace Apartment Projects,
as had been requested by Councilman Gallagher. Lengthy discussion was held among
the City Staff and Council on the projects, especially the Rysner-Skinner projec,t,
which does not meet current Open-Space requirements. Councilman Gallagher felt some-
thing should be done to correct any deficiencies. Councilman Pope requested, and
the Council generally agreed, that a committee of Councilman Gallagher, the City
Attorney and Staff review this matter and come back to the Council with a report,
to see what can be done within legal bounds.
AUTHORIZE ORDINANCE PREPARATION FOR REPEAL OF OUTDATED SECTION
The Council reviewed reports from Chief Building Inspector Al Santinello and
Planning Director Castro , requesting consideration be given to the repeaCL'of'c-: :;
Chapter 7 under Title 8, relating to building regulations for walls and fences.
Said section'"is outdated and the subject matter is covered in the Uniform Building Code.
After Council discussion, a motion was made by Councriliman de Leon, seconded
by Councilman Gallagher and unanimously carried, instructing the City Attorney to
prepare an Ordinance repealing the superfluous ordinance set forth in Chapter 7 'of
Title 8, regarding regulations for walls and fences.
RECOMMENDATION RE. TRACT NO. 675 (FOREMASTER) - HELD OVER
The City Engineer's recommendations regarding Tract No. 675 by Foremaster
were held over.
REPORT - RECENT SOUTH COUNTY WATER ASSOCIATION MEETING - GALLAGHER
Councilman Gall'agher reported on the september' 18, 1979 meeting of the
South County Water Association. He stated that the groundwater basin report
has been reviewed. Another meeting will be held to discuss adjudication of
water rights from the basin.
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REPORT - RECENT ZONE 3 ADVISORY MEETING - DE LEON
Councilman de Leon reported on the September 20, 1979 meeting of the Zone~3
Advisory Committee. The regular monthly reports from the Lopez Recreation Area
and Water Treatment Plant were heard, along with a report on revenues creceived
from the Mustang Slide at Lopez Lake.
A recommendation had been received that another mobile home be pUrchased
and someone found to live in. it at the Water Treatment Plant, to enable 24-hour
security there. He urged the Council to write to the County Engineer supporting
this request, which will then go to the Board of Supervisors. It is a' budgeted
item and t~e Committee feels the protection of the citizens', water is important.;
After Council discussion, a motion was made by Councilman Pope, seconded
by Councilwoman Smith and unanimously carried, directing that a letter be
written to County Engineer Protopapas, with a copy to the Board of Supervisors,
recommending that a 24-hour attendant be considered to guard the Lopez Water
Treatment Plant.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 26, 1979
PAGE 6
Councilman de Leon, who is also now the Vice-Chairman of the Zone 3
Committee, further reported that John Mitchell had informed them that insurance
for Lopez Darn would cost Zone 3 $77,,400 a year ,for $10 million coverage, with
about 17 exclusions. No one on the Committee is in ,favor of it.
RECEIPT OF BID RE. 2ND PHASE OF PATCHING TRUCK - HELD OVER
City Engineer Karp requested, and the Council agreed', to hold over the
item regarding receipt of bids 'on the second phase of equipping the patch truck
already purchased. "
WRITTEN COMMUNICATIONS - OFF AGENDA:
A. AUTHORIZE FillNAL PAYMENT & ACCEPTANCE OF STREET OVERLAY PROJECTS:
SULLY MILLER & MADONNA CONST.
City Engineer Karp made recommendations on two City'projects now completed,
involving the overlaying of various City Streets, accomplished by Sully-Miller
and Madonna Construction.
After Council discussion, a motio~ was made, by Councilman Gallagher,
seconded by Councilman Pope and unanimously carried,'as follows, per,the City
Engineer's recommendations:
1-
90-79-3 by
by Madonna
overlaying
That the City Council accept, on
Sully-Miller Contracting Company
Constnuction Company of san,Luis
of various City streets;
behalf of the public, Project No.
of Oxnard, ,and Project No. 90-79-2
Obispo, both projects involving the
2. That the Staff is authorized to make the last progress payments less
the appropriate 10% retentions to Sully-Miller in the amount of $64,939.19, and
Madonna Construction Company in the amount of $55,075.53;
3. That the Staff is authorized to file with the County Recorder, the
appropriate Notices of Completion for both projects; and
4. That the Staff is authorized to release to the Contractors the final
10% retention and bonds upon expiration of the 35~day period after recordation of
the Notices of Completion, assuming no liens have been filed.
B.
School Bus
Mayor Millis proclaimed October 7th through
Safety Week" in the City of Arroyo Grande.
,13th, 1979, as "National
ORAL COMMUNICATIONS - OFF AGENDA
I. Marie Cattoiri,'of Arroyo Grande invited the Council to attend a meeting
at the Hiawatha Lodge in Halcyon, on October 11th, at which information will be
given regarding insurance in the event of a nuclear disaster.
II. Councilman Gallagher requested an update of when the Valley Road,
shoulder widening will be accomplished. City Engineer Karp stated that Madonna
Construction is now,'working in the County area and should get to Valley Rd. shortly.
III. Councilman Pope requested an update regarding the speed bumps on Gularte
Road, stating they are a real hazard. City Attorney Shipsey reported that
although the City has accepted the road" a lawsuit, on the matter ,is still pending.
IV. On motion of Councilman Gallagher, seconded by Councilwoman Smith and
unanimously carried, permission was':'granted:-.to::-Col,lncilman: de...iLeon to be absent from
the State during the month of October, 1979.
V. In response to Councilman Gallagher's inquiry regarding the prog~~~2
of the ,Tally'Ho culvert, City Engineer Karp stated the City is awaiting funding
and the State does not allow advertising for the project until said funding has
been received.
ADJOURNMENT
On motion of Counci~n de Leon, seconded by Councilman Gallagher and
unanimously carried, the, meeting was adjourned at 9:45 P.M.
,ATTEST~>A g r'"~1' f (' ~
CITY CLERK
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