Minutes 1979-11-13
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
NOVEMBER 13, 1979
The City Council met in regular session with Mayor Millis presiding.
Upon roll call, Council Members Hugh o. Pope, ,Jr., Matthew P. Gallagher, 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 Councilman Gallagher, seconded by Councilwoman Smith
and unanimously carried, the minutes for the regular meeting of October 23,
1979, were approved as prepared.
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APPROVAL OF WARRANTS
On motion of Councilman ,de Leon, seconded by Councilman Gallagher
and unanimously carried, Demand Warrants No. 11761 through No. 11838, in the
total amount of $71,593.03; and No. 11762A through No. 11834A in the total
amount of $83,422.02; and Payroll Warrants No. P745 through No. P761 in the
total amount of $315,343.43, were approved and ,ordered paid.
PRESENTATION OF RESOLUTION NO. 1337 TO ASSEMBLYWOMAN tCAROT, HAT,ToR'1"]'
Mayor Millis read in full a ,resolution commending Assemblywoman
Carol Hallett for Her Services to the City of Arroyo Grande as a representative
of the State of California. Mrs. Hallett thanked Council and the citizens
for the honor.
APPROVAL OF CONSENT AGENDA ITEMS
On motion of Council Member de Leon, seconded by Council Member Smith
and unanimously carried, the"following Consent Agenda Items were approved,
as recommended by City Administrator Butch.
A-I. Receipt of Minutes of the Animal Advisory Committee and the Service
Billing from July 1, 1979 to September 30, 1979, for our City. RECOMMEND
RECEIVE AND FILE.
A-2. Receipt of Liability Experience Report for the Month of September, 1979,
Central 'Coast Cities' Self-Insurance Fund. RECOMMEND RECEIVE AND FILE.
A-3. Request that the Mayor Proclaim the Week of December 2-6, 1979, as "Blue
Skies Week" by the American Lung Association. RECOMMEND MAYOR SO PROCLAIM.
A-4. Invitation to City Council to participate in the 14th Annual Grover City
Christmas Parade, December 1, 1979, 11:00 A.M. RECOMMEND COUNCIL PLEASE
ADVISE WHO WILL ATTEND.
A-5. Notice of Forthcoming Channel 'Counties' Division of the League 'of Calif-
ornia'Cities' Quarterly Meeting, November 16, 1979, Montecito Country Club.
RECOMMEND THAT COUNCIL PLEASE ADVISE 'WHO WILL BE ATTENDING.
A-6. Receipt of the Activities of the Strong Motion Instrumentation Program,
August, 1977 to September, 1978. RECOMMEND RECEIVE AND FILE.
NOTIFICATION OF ITEMS WITHDRAWN FROM AGENDA: D-8. D-IO.
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RF.CEIPT OF DEPARTMRN'l'AL MONTHLV RF.PORT 'PCYR THF. MnNTH ow nrTnRF.'R 1.Q7q
The Council received for their file and review the departmental monthly
report for the 'month of October, 1979.
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PROGRESS REPORTS VARIOUS CITY PROJECTS'
FIRE STATION-Administrator Butch reviewed for Council that twelve
architectural proposals had been 'received, eight had 'been interviewed and two
were asked for a cost proposal. The firm of Ric~an, Rossi & Montgomery had
entered a proposal of $17,050.00 and the proposal includes the work being done
in "Phase design". The other proposal from Maul and Associates was $52,000.00.
Butch stated that Richman, Rossi & Montgomery are a San Luis Obispo firm and
had designed fire stations before.
After Council discussion, a motion was made by Council Membe~ de Leon,
seconded by Council M~mber Smi~h and unan~mously carried ~uthqrizi~g the Mayor
and City Clerk to sign the agreement with Richman, Rossi & Montgomery as the
architectural firm for the Fire Station.
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CITY COUNCIL
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NOVEMBER 13, 1979
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COMMUNITY BUILDING-Administrator Butch stated that the project is in
the design phase.
STROTHER COMMUNITY PARK- Administrator Butch advised the Council that
the matter of traffic and traffic control will be discussed at the Parking
and Traffic Commission Meeting Thursday.
SOTO SPORTS COMPLEX-City Engineer Karp stated the.ccpoles are now in
for the lighting.
WATER SYSTEM- City Engineer Karp stated he met with the owners of
the property being considered and things were progressing, however a question
of access had to be settled and Karp will be reporting back to Council on the
matter.
RECEIPT OF THE LATEST LEAGUE OF CALIFORNIA CITIES' ~ISLATIVE RUT.T.F.TTNS AND OTHF.RS
Administrator Butch reminded Council of an upcoming Legislative-work-.. .--
shop to answer questions about Proposition 4. Administrator Butch also mentioned
the memo received from Carolyn Burton, Department of Housing and Community
Development stating her . ppinion that the guidelines from the Department of
Housing are mandatory. Butch stated it is still the League's opinion that these
are guidelines only. Butch felt this matter will probably be answered in couit.
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ADOPT RESOLUTION AUTHORIZTNGTHE CITY TO PURCHSE VEHICT.F. TTRF.S FROM THE STATF. OF CALIF.
Administrator Butch explained to Council that the purchasing of
vehicle tires from the State would save the City a good deal of money because
the state buys in such great volume. Administrator Butch read the title of
said Resolution, whereafter a motion was made by Councilman Gallagher, seconded
by Councilwoman Smith and unanimously carried to dispense with reading the
balance.of this Resolution.
RRSOLUTION NO. 1385
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES
OF THE STATE OF CALIFORNIA TO PURCHASE VEHICLE TIRES.
On motion of Council Member de Leon, seconded by Council Member 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 foregoing Resolution was passed and adopted this 13th day of November, 1979.
FURTHER DISCTJ~STON ON ANNF.XATTON OF RRIsen HTT.f, ON AN TNDn.TTnTTAT. AN1\1"RYn.rrTON lU~gTS
Administrator Butch presented to Council as a matter of information
that under Assembly Bills 8 and 1019 the amount of money the City would receive
for annexations would have to be negotiated with the Administrative Officer
of the County. Butch stated that he had spoken to Mrs. Carlson of LAFCO who
said that the total plan had not been resolved as yet. Butch explained that
as an example the Filer annexation which is now in process has an assessed
value of $29,000.00 and the 1% fee, though not a great deal of money, would
have to be negotiated for.
Discussion followed, with the question from Councilman Pope about why
people go to LAFCO before coming to the City. Administrator Butch stated that
a property owner has the option of going to LAFCO or the City Council first.
Mayor Millis stated that even though property owners have the option of using
LAFCO first, he thought it would be better if they came to the City first.
Butch again stated that this bulletin was for procedural information only and
no action need be taken at this time. Mayor Millis requested Administrator
Butch to write to LAFCO stating the City's position about the negotiation of
fees and trying to encourage applicants to come to the City first.
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PUBLIC HEARING REZONE PROPERTY AT BRISCO/GRAND. "P-11" TO "H s" ORnTNAN~F. ] ST READING
Planning Director Castro reviewed the property is in the general area
of a portion of the north side of the 1100 block of Grand Avenue and a portion
of the east side ,of the 100 block of Brisco Road, proposed for rezoning from
Planned Industrial District (liP_Mil) to.Highway Service District ("H-S"), to
bring the zoning of the area into conformance with the Land Use Map.
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NOVEMBER 13, 1979
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The hearing having been properly published and noticed, Mayor Millis,
declared it open for public comment. Col. Ben Jacobs, ,1136 Grand Avenue,
stated that he felt the change was unnecessary because the property had always
been liP-Mil and there seemed no reason for change. Planning Director Castro
said that a property owner wished to develop a portion of the land but could
not do so until the zoning was brought into conformance.
Mr. Ron Mintz, 351 Baden, Grover City, owner of a portion of'the Brisco/
Grand property said he had asked the Planning Commission and City Council to
settle this matter so he could proceed with development plans."
There being ,no further public comment, Mayor Millis declared,the hearing
closed. Planning Director Castro explained some of the pluses and minuses of
the liP-Mil and "H-Sll Districts. The liP-Mil zone is generally Ij,.ght industrial.
Castro stated that the lots in question seemed too small for this type of use.
"H-S" District allows for some of the same uses as liP-Mil but additionally allows
retail stores. Councilman Pope voiced concern about traffic to and from businesses
in that area. Castro said he didn't think the problem would increase because
of "H-S" zoning.
After further discussion, a motion was made by Councilman Gallagher,
sec,ond.ed,,])y .(;()uncilman de. Leon and unanimously carried to rezone the property
in question from IIP:"'M'l to nH-S".
City Administrator Butch then read, for its first reading, the title
of an Ordinance rezoning certain property in the 'City; 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.
prmr.Tr HRnRTNr-_'RF.7.nNF. P'ROPF.'Rrrv nl4' Rnq.rr ('J..:rF.'R'RV RnfT'r,rnRn RV 'T'RnFli'Tr wnV.F'RnM liT;! n R 1" TC: "A"
Planning Director Castro reviewed with Council the proposed change of
rezoning from "R-A-B-3" (Residential Agricultural District;) to "A" (Agricultural
District), of the area generally described as a Portion of East Cherry Bounded
by the Rear of Traffic Way and South of East Cherry to the Area behind the
Vagabond Trailer Park. 'Castro stated that this matter had been continued pre-
viously to allow verification of the depth of the property which has now been
done. Castro explained that because the property is currently being used as
agricultural'land, it was the recommendation of the Planning Commission that
the property be zoned as such:
The hearing having been properly published and noticed, Mayor Millis
declared it open for public comment. Mr. Williams, 537 Orchard Street, owner
of the property in question spoke against the rezoning saying he had prospective
buyers for the property and felt if the zoning were changed it might affect
the sale.
Planning Director Castro explained that if any development' were to be
done the property would have to be rezoned anyway and the process would be
the same for Mr. Williams. Mr. Glen Hunt, Rt. 2, Box 659 C, Real Estate Appraiser,
asked Castro for a clarification of the ~..A" and IIR-A-B-3" District uses.
Castro stated that "R-A-B-3" allows for low density residential on large lots
with some animals allo'.V'ed. 'I.'he nAil district is agricul~urala
There being no further public comment, Mayor Millis declared the hearing
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closed.
Afte':Coun:cii"'di~~ussion, Administrator Butch then read, for its first
reading, the title of an Ordinance rezoning certain property in the City;
thereafter, a motion was made ,by Councilman Gallagher, seconded ,by Councilman
de Leon and unanimously carri"d_ to..d,ispense with reading the balance of this
Ordinance. '....
PUBLIC HEARING-APPLICATION BY FIVE CITIES TAXI COMPANY FOR ADDITIONAL TAXICABS
Administrator ,Butch reviewed for Council the applicat~o~ of Loqise
Reynolds, owner of Five Cities Taxi Company, for two additional taxi~abs
to service the Arroyo Grande area. ,That would bring the total number of cabs
to four. Butch stated the taxicabs had been inspected by the Police Department
and that MrSa Reynolds insurance was in ordera .
The hearing having been properly published and noticed, Mayor Millis
declared it open for public commenta There being no public comment, Mayor
Millis declared the hearing closed.
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CITY COUNCIL
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NOVEMBER 13, 1979"
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Administrator Butch then read the title of a resolution approving the:
addition of two taxicabs. Thereafter, a motion was made by Councilman Gallagher,
seconded by Councilwoman smith and unanimously carried to dispense with readi~g
the balance of this resolution.
RESOLUTION NO. 1384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING THE ADDITION OF TWO
VEHICLES, TO BE OPERATED AS TAXICABS, TO THE
FIVE CITIES TAXI COMPANY.
On motion of Council Member Gallagher, seconded by Council Member 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 foregoing Resolution was passed and adopted this 13th day of November, 1979.
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REVIEW AND CONSIDERATION OF UPDATING THE TELF.PHONF. ~YSTF.M FOR THF. CITY OF ARROYO GRANDE
Administrator Butch explained that the City's current phone system
is at near capacity. Also the equipment used is rented from the telephone
company so that involves an ongoing cost. Therefore, the staff is requesting'
that the Council consider purchasing a telephone system. Administrator Butch
said the staff looked into a number of systems and found Telephone West offers
the best proposal. If the current system with no changes or improvements
over the next 10 years is maintained, the cost of the telephone system would
be $88,000.00. Telephone West over the next 10 years would cost $69,000.00.
Telephone West offers the quicker push button 'phones, recall capability, no
memory loss due,to power failure, and the'capability of providing 100 telephones.
Discussion ensued, with Councilman Pope stating concern over the quickness of
service if anything went wrong. Butch said the company guarantees four hour
service. After more discussion, the Mayor asked that the item be placed on
the next agenda.
RESOLUTION FROM LAFCO APPROVING CHILTON ST. ANNEXATION NO. 1 TO THE CITY OF ARROYO GRANDE
Administrator Butch reviewed LAFCO's resolutiqn and LAFCQ's certification
that the City of Arroyo.Grande is authorized to complete this Annexation ,
without further notice, hearing or election. After Council discussion, a motion
was made by Councilman Pope, seconded by Councilman de Leon and unanimously
carried that the Chilton Street Annexation No. 1 be referred to the Planning
Commission.
REOUEST FOR ANNUAL CITY SURPLUS SALE
Administrator Butch asked Council for approval to proceed with the
Annual City Surplus Sale to be held Saturday, December 1, 1979 at the City
Corporation Yard.
A motion was made by Councilman Gallagher, seconded by Councilwoman
Smith and unanimously carried to approve the Annual City Surplus Sale.
REPORT ON RECENT SAN LUIS AREA COUNCIL OF GOVERNMENTS' MEETING OF NOVEMBER 1. '1 CJ7CJ ~
City Engineer Karp stated a significiant item at the Council of Gov-
ernments' Meeting was a presentation by Cal-Trans stating their position
on highway improvements. Karp felt that Cal-Trans had softened their position
and Cal-Trans is willing to discuss each case .with cities on an individual basis.
RECEIPT OF NEWS RELEASE FROM DR. RICHARD J. KREJSA RE. JURISDICTION OVER OFF-:
SHORE OIL AIR QUALITY
Council discussed Dr. Krejsa's news release on the Jurisdiction over
off-shore air quality and felt the matter could be of great importance in further'
development of the City. City Engineer Karp stated that the Council of Govern-
ments': if preparing a letter to be sent to legislators about this matter. I
l1ayor Millis asked to be kept informed of any further development of this
issue.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
NOVEMBER 13, 1979
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RECOMMENDATION OF THE PLANNING COMMISSION MEETING OF NOVEMBER 6. 1979
Mayor Millis read the request of the Planning Commission that a
Public Hearing be held on Tuesday November 27, 1979 at 8:00 P.M. to consider
the Rezoning Case'No: 79-129, Zone Change from "R-A-B-3" Residential Agricultural
District to "P-D" Planned Development District. (Wildwood Ranch, 220 Corbett
Canyon Road, Tempus). The Hearing was noted.
REPORT OF RECENT SOUTH COUNTY WATER ASSOCIATION MEETING OF OCTORRR 24. 1979
City Engineer Karp reported on the recent South County Water Association
Meeting saying that it was decided that the groundwater basin should be
discussed and proposed by a panel of Zone 3 members. Councilman Gallagher
had requested that Karp be the staff member for this panel.
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REPORT ON SAN LUIS OBISPO COUNTY WATER RESOURCES ADVISORY COMMTTTRR MRR'1'TNr:: HRTn
ON OCTOBER 24. 1979
City Engineer Karp reported that the main topic of the SLO County
Water Resources Advisory Committee Meeting had been the Nacimiento; Project.
The County is short of funds and a new zone (#14) comprised of those who
wanted water from the project would be formed and-the.zone would pay for the
water used.
REOUEST OF. WILLIAM LACKEY RE: SEWER CgNNECTIONS ON TODD LANE AND WATER METER
CONNRCTIONS IN THE SAMF. GENERAL LOCATION
Administrator Butch read a letter from Mr. Lackey requesting to pay
for the sewer connections on Todd Lane on the alternate pay plan whereby the
connections are paid for over a period of ten years a 7% interest.
Discussion ensued with Mr. Lackey stating that the Ordinance allowing
the alternate pay method does not specify that only existing residences may
use this paymeny method and he would like to be allowed to use 'it. Mr. Lackey
also said that Mr. Carmichael, previous owner of the property had paid a
portion of the charge.
After discussion, Mr. Lackey was asked to bring in any pertinent
receipts he had on this property and the Mayor directed staff to check further
on the matter. The item was continued until the next Council Meeting. A
motion was made by Councilman Pope, seconded by Councilman Gallagher and unani-
mously carried that the City staff obtain all information available on this
matter, assimilate a report, including the City Code section and an opinion:be
given by the City Attorney at the next Council Meeting.
RECEIPT OF BIDS ON THE TALLY- HO-CANYON WAY FRD~ PROJECT RE' COTINeTT. AlI'1'H()RT~A'1'T()N
TO PROCEED
City Engineer Karp reported that nine bids were received on the Canyon
Way Project and Melcher Construction of San Luis Obispo was low bidder at $67.666;00.;
Karp recommended that the contract be awarded Melcher Construction.
After discussion, a motion was made by Councilman Gallagher, seconded
by Councilman de Leon and unanimously carried to"award the contract for the
Tally Ho - Canyon Way Project to Melcher Construction.
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FURTHER REPORT ON PROPOSED BASIN PLAN AMENDMENTS-EROSION SEDIMENTATION RRSOTJJTION
NO. 79-01. 4TH DRAFT
City Engineer Karp reported that the Erosion Sedimentation Resolution
was adopted by the Regional Water Quality Control Board. No one is sure of
all the implications as yet and Karp said he will keep the Council posted.
ESTABLISHMENT OF AN ENGINEER'S CONTRACT WITH ERVIN ENGINEERING RE: CANYON WAY
City Engineer Karp explained that hesand Public Works Director Joe
Anderson had reviewed the Contract for Engineering Services by Ervin Engirieering
for the Canyon Way Assessment District and had found the proposal to be standard.
The estimated fee maximum is based on 17% of the construction cost estimate;
final fee will be based on the actual time allocated to the project times
the hourly rate schedule. The fee.'_will not exceed the $46,000.00 maximum.
Mr. Rohloff had estimated that approximately $27,500.00 will be expended by
the time the district is formed. Rohloff said the design plan had begun but
a public hearing must be held before bids could be taken.
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After Council discussion, a motion was made by Councilman Pope, seconded
by Councilman Gallagher and unanimously carried to award the contract for
engineering services for the Canyon Way Project to Ervin Engineering.
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NOVEMBER 13, 1979
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FURTHER DISCUS~ION RE. TERMINATION OF IMPROVEMENT BOND ON OAle' HILL ROAD (RICHARD
City Attorney Shipsey reported that there is a restraining order on
Mr. Richard Lemon's property but in his opinion that does not prevent Mr. Lemon
from constructing the road in question; The normal procedure would be for the
City to complete the work and then bring action against Mr. Lemon and his
bonding company. First, however, occupancy must be proven. After Council
discussion, Mayor Millis driected Attorney shipsey and City Engineer Karp
to gather as much pertinent information as possible before the next Council
meeting so that this matter could be resolved.
LEMON)
REOTlliST FOR ANNUAL TRANSPORTATION CLAIM MONEY FOR THE CITY OF ARROYO GRANDE
City Administrator Butch explained that the transportation Calim was
an "annual claim under S.B. 325 and asked the Council to approve an appropriate
resolution so that the claim could be entered in the amount of $136,720.00
Administrator Butch then read the title of a resolution approving the
Annual "Transportation Claim and authorizing its submittal to the San Luis
Obispo Area Council of Governments. 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. 1386
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING THE ANNUAL TRANSPORTATION CLAIM AND
AUTHORIZING ITS SUBMITTAL TO THE SAN LUIS OBISPO AREA
COUNCIL OF GOVERNMENTS.
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On motion "of Councilman Gallagher, 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 foregoing Resolution was passed and "adopted this 13th day of November, 1979.
PROC:;RF.SS "REPORT ON THE SOTJTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
Council received "fqr their review the monthly report for the month of
October, 1979, o~ the Operation and Maintenance of the Treatment Plant.
OFF AGENDA WRITTEN COMMUNICATIONS
ADMINISTRATOR BUTCH stated that he had received a letter addressed to
Council from Rancho Grande Properties asking for approval of Parcel Map 77-103.
However, the letter had been received on Friday and staff had no recommendation
on the matter at this time.
OFF AC:;F.NDA-ORAL COMMUNICATIONS
COUNCILMAN GALLAGHER spoke of concern over the"pa",king problem at the
police station. He felt parking was inadequate if the station was going to be
used for 10 or more years. After Council discussion no course of action was recommended;
COUNCILMAN GALLAGHER requested staff to check on situation with the
proposed walkway from Branch Street to the Parking Lot (next to the flower shop).
Administrator Butch stated "that the downtown merchants are developing a plan
for this walkway and he will check" on the specifics for Council.
ADJOURNMENT
On motion of Council Member de Leon, seconded by Council Member Gallagher
and unanimously carried, the meeting adjourned at 10:30 P.M.
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ATTEST:
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