Minutes 1979-10-23
254
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
OCTOBER 23, 1979,
The City Council met in a regular session with Mayor Millis
presiding. Upon roll call, CouncillMembers Matthew P. Gallagher, Jr.,
Gabe de Leon, and B'Ann Smith reported present. Council Member Hugh O.
Pope, Jr., was absent.
PT.F.DGF. OF Ar.T.F.~Tn.Nr'R ANn TN'iTnrn,TT()'f\T
Mayor Millis led the Pledge of Allegiance to our flag. Thereafter,
Reverend Rick Smith of the Church of God, Grover Ctiy, delivered the invocation.
APPROVAL OF MTNfl'T'RS
On motion of Council Member Gallagher, seconded by Council Member
de Leon and unanimously carried the minutes for the regular meeting of
October 9, 1979, and the regular adjourned meeting of October 15, 1979
were approved as prepared.
APPROVAL OF' Wn."R'RZHJ'T'~
On motion of Councilman de Leon, seconded by Councilman Gallagher
and unanimously carried, Demand Warrants No. 11670 through No. 11760 in
the total amount of $159,959.B7; and Payroll Warrants No. 15135 through
15223 in the total amount of $75,056.20, were approved and ordered paid.
~
APPROVAL OF CONSF.N~ ~r.F.Nn~
On motion' of Councilwoman Smith, seconded by Councilman Gallagher
and unanimously carried, the following Consent Agenda Items were approved,
as recommended by City Administrator Butch.
A-I. Notice that Volunteer Firefighters Tom Virden and Mitchell Sacco
graduated from Allan Hancock College Fire Academy and were Certified as
Firefighters I by the State of California. RECOMMEND RECEIVE AND FILE.
A-2. Receipt of Central Coast Cities' Self-Insurance Joint Powers Agreement
Quarterly Financial Statement, June 30, 1979. RECOMMEND RECEIVE AND FILE.
A-3. Receipt of Central Coast Cities' Self-Insurance Workers' Compensation
for Month of September, 1979. RECOMMEND RECEIVE AND FILE.
A-4. Request for Mr. and Mrs. Douglas Bosch, Re. Refund of Building
Permit Fee. RECOMMEND REFUND, LESS CITY COST.
A-5. Request of Tri-County Commission for Senior Citizens Area Agency on
Aging, Re. Comments on Nomination Process of the Agency. RECOMMEND COUNCIL
COMMENTS.
A-6. Notice of Receipt of $l,BOO Grant for Litter Control. RECOMMEND
RECEIVE AND FILE.
A-7. Letter of Appreciation from Five Cities Meals-an-Wheels, Inc.
RECOMMEND RECEIVE AND FILE.
A-B. Notice of Walking Tour of Arroyo Grande Village, November 3, 1979,
9:30 A.M., City Hall. RECOMMEND RECEIVE AND FILE.
A-9. Notice of Conference Growth:
Springs Ranch, November 9, 1979.
Its Impact on the Central Coast, Tar
RECOMMEND RECEIVE AND FILE.
n"RDTNANr'F. AnOP"rTON "RF,7.0f'JR 7q-l?R r.HANr;F. FROM "R 1" '1'0 "C:-R-n" (TNTRRTORS RY A~ANnA) U
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. 200 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 the motion of Councilman de Leon, seconded by Councilwoman Smith and
on the following roll call vote, to wit:
AYES: Council Members Gallagher, de Leon, Smith and Mayor Millis
NOES: None
ABSENT: Council Member Pope
the foregoing Ordinance was passed and adopted this':23rd day of October, 1979.
i
255
,:
1.----
I
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
OCTOBER 23, 1979
PAGE 2
ORDINANCE ADOPTION-REPEAL CHAPTER 7 OF TITLE 8 OF MUNICIPAL CODE RF.. WALl,S AND FF.NCF.S
Administrator Butch read the title of an Ordinance amending the
Municipal Code by repealing an antiquated portion dealing with walls and
fences. 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. 201 C.S.
AN ORDINANCE OF THE CITy OF ARROYO GRANDE AMENDING
THE ARROYO GRANDE MUNICIPAL CODE BY REPEALING
CHAPTER 7 OF TITLE 8 CONCERNING THE REGULATION OF
WALLS AND FENCES.
On the motion of Councilman Gallagher, seconded by Councilwoman Smith
and on the following roll call vote, to wit:
r
AYES:
NOES:
ABSENT:
Council Members Gallagher, de Leon, Smith and Mayor Millis
None
Councilman Pope
the foregoing Ordinance was passed and adopted this 23rd day of October, 1979.
r
PROr.RF.SS RF.PORTS. VARIOUS CITY PRO,TECTS
FIRE STATION SITE: Administrator Butch reported the. choice had
been narrowed to two architectural firms and he hoped to have some figures
for Council at the next meeting. In response to questions from Councilman
Gallagher, Administrator Butch stated that the architect's price should
include original plans, design of structure, going to bid, and aiding in
construction planning. Councilman Gallagher also expressed concern over the
Fire Station being built .in a flood area. City Engineer Karp produced a
Federal Flood Insurance Map dated 2-79 and indicated the selected site was
not in a designated flood zone for the 100 year event.
COMMUNITY BUILDING: Parks and Recreation Director John Keisler
presented the program for the enlargement of the Arroyo Grande Community
Center. He emphasized the idea of creating a facility designed to accomodate
a maximum number of varied community groups and activities. George Stewart
of Maul and Associates presented some details of the program including
the fact that there wo~ld be ioo parking spaces and that the restrooms
will be able to.accomodate the handicapped. There will be additional
storage,and a larger entry. Upon completion, the building will have
approximately 4300 square feet.
After Council discussion, a motion was made by Councilman Gallagher,
seconded by Councilman de Leon and unanimously carried, to approve the
conceptual plan and the program as outlined by the Arroyo Grande Community
Building Committee for the Arroyo Grande Community Center.
STROTHER COMMUNITY PARK: Parks. and Recreation Director Keisler
reported that all the excess dirt had been removed and.that the.playgrounq
equipment was now being constructed at the Corporate Yard.
Mayor Millis requested that the utmost consideration be given
to safety precautions in regard to children crossing the street to enter
the park. Mrs. Libby Jackson, 208 Fair View, Arroyo Grande, spoke from
the audience saying that the creek might be dangerous to children and
that perhaps a fence could be built around the park. Council felt this
would not be feasible, but assured Mrs. Jackson that the park was being
made as safe as possible.
SOTO. SPORTS COMPLEX: Parks and Recreation Director Keisler
reported that all the dirt had been moved and that the area had been
graded. Also, bids for the tennis courts are now being reviewed.
WATER SYSTEM: City Engineer Karp stated that a site had been
selected and he is now trying to establish a price and open escrow..
RECEIPT OF -IA'I'ES-I-LEAGIIF. OF CALIF CITIES' LEr.ISLATIVF. RULLF.'1'INS ANn O'l'HF.RS
Administrator Butch advised Council of a meeting of The American
Association of Small Cities for municipal leaders from the mid-California
area for an open discussion with Federal and State Officials responsible
for many programs affecting small cities. The meeting will be held in Pacific
Grov~ on October 29, 1979. Council felt it would be appropriate for
Administrator Butch to attend.
256
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
OCTOBER 23, 1979'i
PAGE 3
RECEIPT OF 1979-80 BUDGET
Council received for their information a copy of the final 1979-80 Budget.
'RF.r'RTP'l' OF NOrrTrF.. C:HTr.rrON ~'T''RRF.T A1\lNF.XA'T'TON NO 1 'T'O 'T'HR r'TTY OF A rmnvn
~'Rn.NnR. ~rpRRNRF.'Rr, (RRTF.;Cn T~T.ANn) ~
Council received a copy of a recommendation from LAFCO (Loc'al Agency
Formation Commission), to annex Chilton Street Annexation No.1 to the
City of Arroyo Grande. Administrator Butch stated that this was for
information only because the request must first be presented to the Planning
Commission by LAFCO.
RF.CnMMF.NDA~T()N OF THF. PT,ANNTNt:: r.()MMT~!=:TnN MRR'T'TNr.: ()F ~'T'()RF.'R 1 h 1 q7q
Administrator Butch read a memo from Planning Director Ricardo Castro
outlining the Planning Commission's recommendation, with one abstintion,
that the implementation of the Use Permit section to control adult
entertainment activities in the City be denied. Butch stated the Commission
did not feel that the Use Permit Section was a proper way to control adult
entertainment. Mayor Millis recognized Reverend Larry Lorenz from the
audience who said he felt pornography was a problem in the City and that
Council should take preventative measures.
After Council discussion, the Council agreed that the matter be
considered moot.
~
RRQnRST OF PLANNING DTRRCTOR. RF. rrTMF. FRAMF. OF r.:F.NF.'RAT. PT,Jl..N AMRNnMRNrp~
Planning. Director. Castro reviewed his recommendation that the Council.
establish the months of January, May, and September, as the only allotted
time to permit public hearings for the General Plan amendments. Castro
stated that the months of January, May and September best agreed with the
Commission's high and low volumes on yearly application.
After Council discussion, a motion was made by Councilman de Leon,
seconded by Councilwoman Smith and unanimously carried to establish the
months of January, May, and September as, the only allotted time to permit
public hearings for General, Plan amendments.
'RF.rF.TPT OF 1 q7q AD F.RTTMATRn 'RRVRNTTR, 'RR P'ROPF.'RTV TAX ANn RATT,-on'" FrTNn~
Administrator Butch reviewed a report from the Auditor-Controller
advising the City that its, assessed valuation for the 1979-80 year is
$45,794,240; an..increase of $8,428,501 over the 1978-79 valuation. This
increase plus the adjusted bailout money makes the gross revenue for
1979-80 $420,056.
RF.PORT ON Sr.O COUNTY A'RF.A COlINrTT. OF r,OVRH1\TMRN'T'gl MRRTTNr, OF Or''T'ORRR 10, lQ7Q'
Councilman Gallagher reported on the recent SLO County Area Council
of Governments' meeting of October 10, 1979. He stated that the Area Council
had received input from a number of technicians in, regards to the govern-
ments offshore drilling lease program-Lease Sale #5. This covers the area
a'i,little south of the Santa Maria River and continues north of the Monterey
Line. Under the lease there may be between thirteen and twenty-seven
platforms built. Councilman Gallagher said' that the Area Council made
many concerns known at the meeting, including the problem of being told
what to do rather than having a more definite say in the matters'. Councilman
Gallagher felt the,.:.meeting had done a lot of good in so far as the SLO
Area Council making their needs known.
u
RRrRTP'" OF Sr'A'" MON'T'HT,V RRPORT FOR ~F.P'T'RMRF.'R t 1 q7q
Administrator Butch reviewed the SCAT report for September with
the Council and noted that ridership had been up, since school started.
DISCUSSION RE. INSURANCE COVERAGE FOR I,OPEZ AND 'I'F.RMTNAT. DAMS
Administrator Butch notified Council he had been contacted by
Mr. Charles Mitchell, Insurance Manager for the County and that Mr. Mitchell
advised him that the insurance coverage would be for $10,000,000. The
City's share'of the premium'would be $39,000. Butch stated that this
was an unbudgeted item and that though the City was a contractor, the
County actually had the liability.
After Council discussion, a motion was made by Councilman de Leon,
seconded by Councilman Gallagher and unanimously carried directing the Staff
to send a letter to the Insurance Manager stating that the Council opposes
the concept of dam insurance.
r
r
I
I
257
!i
il
'I
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
OCTOBER 23, 1979
PAGE 4,
RF.PORT ON RF.CF.NT 7.0NF. 3 ADVTSORY COMMITTF.F. OF OCTORF.R 18. 1979.
Councilman de Leon reported on the recent Zone 3 meeting stating
that activity on the Water Slide is down. He also stated that the. water
level is 5 feet below the spillway and that 8,000 trout had recently been.
planted. De Leon also stated that :.~.;; Zone 3 had received many letters
from other agencies supporting the idea of purchase of a mobile' home' so
that there could be 24 hour security. He will' keep Council posted on this matter.
DISCUSSION RE. TERMINATION OF IMPROVF.MF.NT ROND ON T.F.MON ROAD
City Engineer Karp reported that a letter had been drafted,to
Mr. Lemon asking for his plans in Re. to the improve~ents of Lemon Road.
Karp said that Lemon had called him stating that his understanding was
that said'bond is tied to occupancy and that he was not yet living in the
house. Lemon also stated that a portion of the property is in litigation
and that needed to be resolved before he could complete the road.
Discussion ensued, including comments from the audience. Mrs.'Ella
Honeycutt, 560 Oak Hill Road said she thought someone was living in the
house. Robert Phillips, 216 Pearwood, felt that if Mr. Lemon had a contract
with'the City then the work shou~d be done regardless of litigation on
the land. Mrs.' Libby Jackson, 208 Fair View, wanted to know who would check
on the litigation question and how it would be checked. Mr. Clark Moore,
1180 Ash Street, felt the name Lemon'Road should be clarified because
the correct name was Oak Hill Road.
After Council discussion, Mayor Millis directed Attorney Shipsey
and City Engineer Karp to look into the matter and report back to the'
Council at the next meeting.
REPORT ON PROPOSED BASIN PLAN AMENDMEN'l'R (RRORTON ~F.nTM"'RN'T') 'R"R!=:()T,TT'T'TON 7Q_Ol I THTRT) nRD.l<''T'
Administrator Butch reported that as directed by Council, he had
written a letter to Regional Water Quality Control Board responding to the
third draft of proposed Resolution No. 79-01, and stated that the Council
is extremely concerned over any proposal by any state agency or board to
usurp local authority.
City Engineer Karp stated he had spoken to Wallace of the County
Engineers Department and some changes were being made in the third draft
including a simplified and more equitable'agricultural permit process.
No Council action was taken until a copy of the new draft is reviewed.
PROGRF.SS REPORT ON CANYON WAY ASSF.SSMF.NT DTSTRICT
Administrator Butch presented to Council the appropriate resolution
drafts and agreements necessary to e~tablish the Canyon Way Assessment District.
He stated that' in order to proceed, it would be necessary for Council to
accept the petitions and designate those who would be responsible for
various areas of the.projec~.
Discussion ensued, with Larry Rohloff, the Engineer of Work, stating
that generally the engineering costs were between 15% and 17% of the cost
of the assessment district construction. The cost is currently estimated
to'be $271,000 so the engineering cost would be approximately $46,000. Brian
Curran, 202 Canyon Way, spoke from the audience saying he was a resident of
the area but hec,had not signed the petition and opposed the assessment
district because of the cost to individual home owners. Administrator Butch
assured /tr. Curran that a public hearing would be held before the finalization
of the assessment district.
After further Council discussion, Administrator Butch read the
title of the resolution E6:accept the findings of, the petition. A motion
was made by Councilman Gallagher, seconded by Councilman de Leon and unani~
mously carried to dispense with reading the balance of the resolution.
RESOLUTION 1381
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE MAKING FINDINGS ON PETITION.
On motion of Councilman Gallagher, seconded by Councilman de Leon
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Gallagher, de Leon, Smith and Mayor'Millis
None
Council Member Pope
the foregoing Resolution was passed and adopted this 23rd day of October, 1979.
258
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
OCTOBER 23, 1979
PAGE 5
Administrator Butch then read the title of the resolution designating,
certain persons to perform various duties for proqeedings in the assessment
district. A motion was made by Councilman de Leon, seconded by Councilwoman
smith and unanimously carried to dispense with reading the balance of the
resolution.
RESOLUTION 1382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE DESIGNATING PERSONS TO PERFORM VARIOUS DUTIES
FOR PROCEEDINGS IN A SPECIAL ASSESSMENT DISTRICT.
On motion of Councilman de Leon, seconded by Councilwoman Smith and
on the following roll call vote, to wit:
AYES: '
NOES:
ABSENT:
Council Members Gallagher, de Leon, Smith and Mayor Millis
None
Council Member Pope
~
the foregoing Resolution was passed and adopted this 23rd day of October, 1979.
WRTTTF.N COMMTmTCATTONS n~F ~~F.NnA
'A. SOUTH COUNTY WATER ASSOCIATION
Administrator Butch stated that'he had received a notice of the
next meeting of the South County Water Association to be held October 24, 1979
at 7:30 P.M., at the Arroyo Grande Fire station.
B. STATE CONTROLLERS OFFICE RE. REIMBURSEMENT OF EXTRAORDINARY COSTS
Administrator Butch reviewed a letter from State Controllers
office stating that under Chapter 1204 (SB583) the state provides 80%
reimbursement to local agencies for extraordinary costs incurred by them
during the 1978-79 Fiscal Year to meet the added burden of providing law
enforcement protection under extraordinary circumstances. Butch stated
that such costs were incurred on August 6th, 7th, and 8th, 1978 when
the Arroyo Grande Police aided the SLC County Sheriff's Department during
the demonstration at the Diablo Canyon Nuclear Plant. Butch requested
that Council adopt a resolution to apply for the reimbursement.
Administrator Butch then read the title of a resolution requesting
reimbursement for the extraordinary expense incurred during the Diablo Canyon:
demonstration on August 6th, 7th, and 8th, 1978. A motion was made by
Councilman Gallagher, seconded by Councilman de Leon and unanimously carried
to dispense with reading the balance of the resolution.
RESOLUTION 1383
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPLYING FOR RElMEURSEMENT OF EXTRAORDINARY COSTS
INCURRED BY THE CITY OF ARROYO GRANDE DURING THE 1978-79
FISCAL YEAR EXPENDED TO MEET THE ADDED BURDEN OF PROVIDING
LAW ENFORCEMENT PROTECTION UNDER EXTRAORDINARY CIRCUMSTANCES.
On motion of Councilman Gallagher, seconded by Councilman de Leon
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT: '
Council Members Gallagher, de Leon, Smith and Mayor Millis
None
Councilman Pope
~
the foregoing resolution was passed and adopted this 23rd day of October, 1979:
ORAL COMMUNICATIONS OFF, Ar.RNDA
AFTER Council discussion, and upon recommendation of City Attorney
Shipsey, a motion was made by Councilman de Leon, seconded by Councilman Gallagher
and unanimously carried to set a public hearing on November 13th, 1979 at
8:00 P.M. to consider the rezoning of the Brisco and Grand Avenue area.
MRS. ELLA HONEYCUTT spoke from the audience stating her concern over
the name of "Lemon Lane" on a;street designated as Oak Hill Road. City
Engineer Karp said he will check into the problem and clarify the matter.
r.
JIM FORTSON, 145 Rosewood and Reverend Larry L9renz, 709 Faeh, spoke
in complaint that Council had not taken stronger stand against adult entertainment.
ADJOURNMF:NT
On motion of Councilman de Leon, seconded by Councilman Gallagher
and unanimously carried, the meeting adjourned
"
ATTEST. ~~ C~-L.
DEPU Y, LE
"'~, 4;;tI2.,
OR