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Minutes 1979-11-27 ?6S ~, ...... CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 27, 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. PT.ROr,R OF ~T.T.Rr,Tl~.'N"C:F. ANn TNVOl'1!.'T'TON Mayor Millis led the Pledge of Allegiance to our Flag. Thereafter, Reverand Duane Kirchner, Peace Lutheran Church of Arroyo Grande delivered the invocation. APPRo-vaT. OF MTNTTrrR~ On motion of Councilwoman Smith, ?ec~nded by Councilman de Leon and unanimously carried, the minutes for the regular.meeting of.November 13, 1979, were approved as prepared. [ llPP'ROUn.T. ()l<' Wn.O'DllN'T'C::: On motion of Councilman de Leon, seconded by Councilwoman Smith and unanimously carried, Demand Warrants No. 11839 through No. 11916 in the total amount of $28,172.60; and Payroll Warrants No. 15920 through 16005 in the total amount of $47,067.69 were approved and ordered paid. APPR()Vn.T, OF rnNC::RN'T' :n.r:Ti"'MT'l21 T'11l<'MC::: 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-l. Receipt.of October, 1979, Management Summary Report, Workers' Compensation. RECOMMEND RECEIVE, AND FILE. A-2. Receipt of State of California Department of Justice, Criminal Justice Profile-1978. RECOMMEND RECEIVE AND REFER TO POLICE DEPARTMENT. A-3. Receipt of October, 1979, Management Summary Report, Liability Insurance. RECOMMEND RECEIVE AND FILE. NO"T'TFTrA'T'TON OF T'T'F.M~ WT'T'Hn"R1lWN FROM nr-RNon nt; ()'RDTNANCE ADOPT TON REZONE 1100 BLOCK OF GRAND lip_Mil TO "H-~" Administrator Butch read. the title of Code by rezoning certain property on the 1100 block of Brisco Road. A motion was then made by Councilman de Leon and unanimously carried balance of this ordinance. AVE. AND 100 BLOCK OF BRISCO RD. FROM an Ordinance amending the Municipal block of Grand Avenue and the.100 by Councilman Gallagher, seconded to dispense with reading the ORDINANCE NO. 202 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 Gallagher, seconded by Council Member Smith and on the following roll call vote, to wit: n AYES: NOES: ABSENT: Council Members Gallagher, de Leon; Smith and Mayor Millis Council Member Pope None .- the foregoing Ordinance .was passed and adopted this 27th day of November, 1979. ()'RDTNANl'F. ADOP'l"TON RR'7.0NF. FROM "'R n R 1" Tn "A" ]\ prYRTTn'M nF F.r..!=:.T rul<''R'RV Administrator Butch read the title of an ordinance amending the Municipal Code by rezoning ,certain property descri~ed as a portion of East Cherry bound by the Rear of .Traffic Way and Southeast Cherry. 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. 203 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. 266 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 27, 1979 PAGE 2 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 27th day of November, 1979'. PR()~RF.!=:~ R'F.P()R'l'~ V'ARTnT1C::: r'T'T'V PRnTRr'T'C:: FIRE STATION SITE-Administrator Butch reported that contact had been made with Richmond, Rossi & Montgomery and that the firm would be working with' the Fire Department on the initial phases of planning. Additionally, Butch stated that the staff is looking into any Federal or State Funds that might be available for the project. COMMUNITY BUILDING-Administrator Butch explained that the contract had not yet been returned to the City, but that was because both the president' of the Woman's Club and Doug Hilton had been out of town and the contract is expected in the next few days. STROTHER COMMUNITY PARK-Administrator Butch reviewed with Council a letter from concerned citizens about the safety of children entering and exiting the park and also gave Council a copy of a traffic report from the Police Dept. City Engineer Karp reviewed the action of the Parking and Traffic Commission and reported to Council that the crosswalks were being painted in the Park area and that Pedestrian Crossing signs will be installed. Also, the Traffic Commission will "be considering the placement of IINo Parking" signs on that portion of Lopez Drive at its next meeting. Mayor Millis asked Karp to check into the feasibility of buttons for.the crosswalks. SOTO SPORTS COMPLEX-Administrator Butch reported that the restroom and concession buildings were being roofed. Sewer connections will be:;:next. Also, plans for the tennis courts are nearly complete. WATER SYSTEM-City Engineer Karp reported that an escrow has been opened with Bank of America for the property and that the Title Report and an appraisal of the'r~servoir site are forthcoming. ~ RRr.F.TPT OF THF. T,ATRsrr T.P.2H~T1R ()F rAT.TFnRNTn. rT'l'TRc:::' T.Rr-Tc:::T.:a.'T'TVF. RTTT,T.R'T'TN!::::. :aNn (VPH'RRC::: Administrator Butch stated that in addition to the regular League Bulletin, there was a memo about gas conservation from the League President. Butch also advised Council of the forthcoming meetings about Proposition 4. FURTHER DISCUSSION RE: UPDATING THE TF.LRPHONF. SVSTRM FOR THE rT'I'V ~F ARROVO r,RANOF. Administrator Butch advised Council that a proposal from the Telephone Company is forthcoming and requested that any action be held off until the proposal is received. l\10TTr'P. ()li' PR()POC:::RJ) Z't,l\TNRx:a.TTn1\J "RV "Fi'TT.F.R 'l'Rnr'T' NO F,S? rp() 'T'HF. r'T'T'V ()li' ZU~R()Vn r.:'Rn1\Tn~ Administrator Butch showed Council on the map the boundaries of Filer Tract No. 652 and explained that the Local Area Formation Commission (LAFCO) lS asking for information and asked Council for direction. Council discussion ensued, with questions about the desirability of servicing part of an area with Fire.:.and Police protection and not servicing another area. Also the question 'of ~ spot annexation in general was discussed. Mayor Millis felt the problem might be eased if those wanting annexation to the City could talk to the adjoining property owners and get larger parcels of land annexed at one time. City Attorney Shipsey recommended that someone representing the City be present when LAFCO heJd Public Hearings. Shipsey advised that taking no action might" be interpreted as acceptance of LAFCO's action. After Council discussion, a motion was made by Council Member Pope, seconded by Council Member de Leon to accept the request of Mr. Filer to .annex Tract 652 into the City of Arroyo Grande. Said MOTION WAS DENIED on the following roll call vote: AYES: Council Members de Leon, Smith; NOES: Council Members .Pope, Gallagher and Mayor Millis; ABSENT: None. Further discussion ensued about the annexation process. A motion was then made by Council Member Pope, seconded by Council Member Gallagher that the staff be instructed to attend the LAFCO hearing and to notify LAFCO of the Council's action this evening in regard to the applicantls request and request termination of all annexation proceedings of the Brisco Island area and that said proceeding will be made by the City of Arroyo Grande, and that said annexation be voted on by the registered voters of the Island area as request~d by the City of Arroyo Grande. SAID MOTION PASSED on the following roll call vote: AYES: Council Members Pope, Gallagher, de Leon, Smith and Mayor Millis; NOES: None; ABSENT: None. r r ~ ~ 1---' 2"7 b, " CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 27, 1979 PAGE 3 PUBLIC HF.ARING-REZONF. CASF. NO 7q-l?:q F'R()M "R :A. "A_V' Tn up nil WTT.nWnnn Rnl\Tru(rplt'M"Dnc::l Planning Director Castro outlined the rezoning request from "R-A-B-311 Residential Agricultural District to "P_D" Planned Development District of Mr. Tempus for the property generally known as 220 Corbett Canyon Road, wildwood Ranch. The hearing having been:properly published and noticed, Mayor ,Millis declared it open for public comment. Rob Rossi of Richmond, Rossi and Montgomery, architects for the project, outlined various points of the project and spoke of the conformance of the plan to the Focus Report. He stated that the plans allow for little grading,and allow natural areas to remain. The type of housing will be both single and siameze units with two and ,three ,bedrooms. There will be 103 offsite parking spaces. Mike Callagee, Civil Engineer for the project, stated that he had reviewed the reports of Flowers & Associates, the previous engineers on the project, and that the plans had been revised and refined. Calculations for run-off had been reverified. The roadway that will collect drainage is the loop system. All drainages are to be collected and held in the core of the project and,ultimately in the catch basin then into three drainage shed areas. The basin size is based on 100 year storm frequency. As to traffic, the development would not cause traffic to exceed the design capacity of any nearby intersections. From a soils standpoint, the project presents no extraordinary problems. Steve Campanetti, Landscape Consultant for the project outlined his five objectives for the project, ice. (l))minimize off-site visual impact, (2) protect existing wildlife and preserve vegetation, (3) fire protection through drip irrigation and flame resistant plants, (4) encourage use of natural terrain for pedestrian circulation, (5) water conservation. Sandy Fachetti, 248 Tally Ho Road, spoke against the project because of the water'drainage problem. He stated that he was afraid his land'might be flooded if the development was allowed. Various citizens spoke in favor of the project including Nancy Loomis, 324 S. Mason; Buddy Jakewith, 623 Myrtle; Mike Thomas, 318 Mason; and Roger Fuller, 222 McKinley. Mrs. Ella Honeycutt, 506 Oak Hill Road, commended the architect on the idea of fire resistant plants. Planning Commissioner Manuel Sebastian pointed out that Mr. Rossi's figures of I! parking spaces was based on 60' lot frontages. Also, he posed the question of 'run-off based on 100%"saturation. Mr. Rossi replied that he had not checked the ponding site, but rather the actual over-run based on 100% run-off. Clark Moore, 1180 Ash Street, asked if there would be a fence around the drainage ponds. Mr. Rossi indicated that a fence was not planned but that a reed type vegetation was a possibility. John Sprague, 623 Myrtle, was also concerned about the water level in the ponds. Rossi responded that the drainage project would measure up to the 100 year storm frequency. Mr. Tempus, owner of the proposed project, stated that he felt he had done everything possible to ensure a project that would be beneficial to the City and in harmony with the surrounding area. There being no further comment, Mayor Millis declared the hearing closed. Council discussion followed with Councilman Pope asking City Engineer Karp if Karp was comfortable with the project. Karp said he could support the concept of the project. Councilwoman smith stated that she didn't feel it would be a good idea for Platino to be opened up because of the traffic problems. Councilman Gallagher stated that if,Platino was not opened up it might cause too many problems on Hwy. 227. Councilman de Leon felt that the ponds might be dangerous if no fences were provided. Mayor Millis felt he could support the concep~ of the plan but that some changes were needed. After further discussion, a motion was made by Council Member de Leon, seconded by Council Member Pope to accept the recommendation of the Planning Commission and to rezone the property from "R-A-B-3" to "P-D'~. Said MOTION WAS DENIED on the following roll,call vote: AYES: Council Members Pope, de Leon; NOES: Council Members Gallagher, Smith, and Mayor Millis; ABSENT: None. Further discussion ensued with the Council coming to the conclusion that some changes would be need to be made before the project could be approved. A motion was made by Councilman Gallagher; seconded by Councilman de Leon and unanimously carried to support the concept of a 65 density figure. A motion was made by Councilman Gallagher, seconded by Mayor Millis to recommend that the project streets be public. Said MOTION WAS DENIED on the following roll call vote: AYES: Council Members Gallagher, Millis; NOES: Council Members P9p6"de Leon, Smith; ABSENT: None. A motion was then made by Councilman Gallagher, seconded by Councilman Pope that Platino be opened. SAID MOTION PASSED 268 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 27, 1979' PAGE 4 on the following de Leon; NOES: roll call vote: Council Members AYES: Council Members Pope, Gallagher, Smith and Mayor Millis; ABSENT: None. After further discussion, a motion was made by Council Member de Leon, seconded by Council Member Smith to refer the project to the Planning Commission with consideration of the above three items. Said MOTION PASSED on the following roll call vote: AYES: Council Members pope, Gallagher, de Leon, Smith and Mayor Millis; NOES: None; ABSENT: None. FURTHER nT.!~r.nSSTON HR- p'Rnpnsw.n nNNF.YnTTnT\T li'TTR'R T'RD,f"''T' }'1() hl;? Mayor Millis reported that he had brought up the issue at the Mayors meeting of LAFCO or the City being the first responsible for annexations. Mayor Millis stated that it might be possible for the Council to pass a Resolution requesting that all annexation requests be referred to the City Council before LAFCO. Barbara Carlson, Executive Officer for LAFCO spoke from the audience saying that EAFCO merely followed guidelines of State Law. Mrs. Carlson also stated that the Council was always notified when a Public Hearing would occur. After brief discussion, the item was continued until the next Council Meeting. ~ P'Rn~RF.SS RRPORT ON SCAT Administrator Butch reviewed the SCAT report are beginning for a contract for the next two years. increasing each month. and stated that negotiat10ns Also, ridership is LF.rr'T'F.'R OF 'RF,nTTRS'T' F'R()M rrHF. snTT'T'H ("nTTh.l'T'V HTS'T'n"RTrnT, S()("TF.'l'V HR- nT.T.nWTNf: "PHF. snrT''j::;~'T'V Tn RSTn'RT.TC:J..:f Z\ MTlc:.l<'TTM. n'T' 'T'HF. li'T'Rli' c:.TnTT()'t\F c:.TTli' TTDf"l1..T T'T'c:. 'R1H ()("'1l'T'T()'r\T Administrator Butch read a letter from the South County Historical ,Society requesting that they be allowed to establish a museum at the Fire Station upon its relocaiton. Administrator Butch recalled for Council that years ago' it was tentatively decided that the old Fire station would be, used for Council Chambers. Mrs. Hubbard, President of the Society spoke from the audience saying that the Society just wanted to go on record that they needed a site. Mayor Millis thanked Mrs, Hubbard and the letter was placed on file. RECOMMENDATION OF THE PLANNING COMMISSION MEETING OF NOVEMBER 20. 1979 No recommendations were forwarded to the Council at this time. , TNVTIf'ATTON FROM 'T'HR PT.ANNTN~ rOMMTSSTnN TO 'T'HF. <:TTV rOTTNC:TT. FOR A STnnv KRSSTON ON DECEMBER 4. 1979 Administrator Butch reviewed the memo received from Planning Director Castro inviting the Ctiy Council to attend a Study Session on December 4, 1979, to discuss common concerns. REPORT FROM PLANNING DIRECTOR. RF.. ~F.NRRAr. PT,AN T.AW~ ANn ronR~ FOR lqRO A memo was received from Planning Director Castro briefly outlining the General Plan Laws and Codes for 1980. This was information only and Castro invited Council Members to get in touch with him if they'had specific questions. , RECEIPT OF FOC-US REPn'RT RTn~. PAr.TFTr. P'RTN'T'7. R~'T'n.'T'R~ (L1l("KRV\ Administrator Butch informed Council that Mr. Lackey had withdrawn this item from the Agenda. ~ P'ROr.RR~~ RF.PORT ON RRr.RNT 7.0NR AnVT~ORV r.OMMTTTRF. MRR'T'TNr. OF No,mMRRR lS lq7q City Engineer Karp reported that the City has used 800 acre feet of water so'far and has 1500 acre feet left. Also the Water Slide has netted Zone 3 $14,000 so far this year. _The Lake is 5.86 feet below spill. T.R'T''l'''RR OF RROTTR~rp FROM r.OtTN'T'V RNr.TNF.RR RF.. NAr.TMTRN'T'() WA'T'RR ~TTPPLV PR(),TRr.'T' ALT.or.A'T'TnN ()F AVATL1l'RT.R Wn.'T'RR Administrator Butch reviewed for Council that back in October the City had received a letter from the Flood Control Board asking for an estimate of ' how much water the City would need from the 'Nacimiento Project. Our Council had asked for 1,500 acre feet. Now the Flood Control is asking that Cities' _~ reco~sider the amount needed. Administrator Butch recommended that the City request the same 1,500 acre feet. A motion was made by Council Member Pope, seconded by Council Member "de Leon and unanimously carried to reaffirm the City's request for 1,500 acre feet. f CITY COUNCIL ARROYO GRANDE, CALIFORNIA I 263 'I I , NOVEMBER 27, 1979 PAGE 5 FTTRTHF.'R nT.c:.rTH::~.c:.TnN OF 'Rl.nrm.c::'T' ()P WM T.nrT<'"~V 'R~. !::~'R r()'rJt\r~r'T'T()N PJi'R.c::_rJ'lnnn LANE. WATER METRR AT R82 ANn RRR OT,TVF. City Engineer Karp reviewed his r~ports of the situation on Sewer connection fees and the Water Meter fees on Todd Lane and Olive. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman de Leon and,unanimously carried that the City Council deny the November 1, 1979 request by Mr. Lackey for reimbursement of water charges on Olive Street; that $1,704.30 be refunded from the water fees collected for three lots fronting on, Todd Lane; that $3,741.59 be refunded from sewer fees collected for the three lots fronting on Todd Lane. n FURTHER DISCUSSION ON TERMINATION OF IMPROVEMENT BOND ON OAK HILL RD. (RICHARD LEMONlI On.Tecorrunendation of City Attorney Shipsey, a motion was made by '! -, .'), \,', . . Councilman de Leon" secoilded by Councilman Gallagher and unanimously carried that the Council adjourn to an Executive Session for further discussion of termination of Improvement Bond on Oak Hill Rd. (Richard Lemon). The Council adjourned to the Executive Session at 11:25 P.M. and reconvened at 11:37 P.M. It was then moved by Councilman de Leon, seconded by Councilman Pope and unanimously carried that this item be further investigated. 'R'ROTTF.S'1' CTrrv COTTNeTT. AcrRPT TRACT 555. TTNTT 1 IMPROVF.MENTS (OAK CRRST ESTATES) City Engineer Karp reviewed his recommendation for final acceptance of improvements for Tract No. 555, Unit 1, Oak Crest Estates. After discussion, a motion was made by Councilman Pope, seconded by Councilwoman Smith and unani- mously carried accepting on behalf of the public, the off-site improvements constructed with Tract No. 555, Unit 1 and authorizing the Staff to write letters of release for the Subdivision and Maintenance Bonds. 'RROTTF.ST rOUNc.TT. APPROVAL OF PARCR!. MAP A~ 77 101 (RANCHO r,RANnF.) City Engineer Karp explained that the Rancho Grande Lot Split (Parcel Map AG 77-103) resulted in 11 parcels being created, varying in size from 26.62 acres to 72.24 acres. A motion was made by Councilman Pope, seconded by Councilman Gallagher that the City Council (1) Accept offers of Dedication on behalf of the public for West Branch, Rancho Parkway",arid.JJames Way; and the easements offered for slope maintenance and street trees; (2) Reject without prejudice to future acceptance of Strip A; (3) Find that Parcel Map Aq 77-103 is consistent with General Plan; (4) Find that Parcel Map AG 77-103 is consistent with City zoning; (5) Approve Parcel Map AG 77-103. Said MOTION PASSED on the following roll call vote: AYES: Council Members Pope, Gallagher, de Leon and Mayor Millis; NOES: Council Member Smith; ABSENT: None. RRf"lTTFC:::'T' f""TrrV ("nT1N("TT. HT"RR SrrONF. '" vnTmr,RRRr, Tn RF. RONn COUNSEL ON CANYON WAY ~SSF.SSMF.Nrp DTSTRTCT City Administrator Butch explained that hiring a Bond Counsel for Canyon Way Assessment District was part of the total package and that Staff was recommending Stone & Youngberg. A motion was made by Council Member Pope, seconded by Council Member Gallagher and unanimously carried to hire the firm of Stone and Youngberg to be Bond Counsel on the Canyon Way Assessment District. r nWF A(:;F.NnA-WRTTTRN r.ONrnMTNTCATTONS A. REQUEST FOR SEPTIC TANK ON LOT 4 TRACT NO. 600 (GREENWOOD) Administrator Butch'read a memo from Public Works Director J.E. Anderson requesting approval for ~ septic tank on Lot 4 Tract No. 600. A motion was made by Councilman Pope, seconded by Councilman de Leon and unanimously carried to approve the septic tank. B. INFORMATION ON ODD/EVEN GAS PROGRAM Administrator Butch gave to Council some information on Governor Brown's Odd/Even Gas Program for their review. OFF A(:;F.NOA ORAT. COMMTTNTCArrTONS MRS. ELLA HONEYCUTT presented City Engineer Karp with some information regarding River Basin Studi~s. Karp will review the material and report back to Council. COUNCILMAN POPE requested a list of accounts payable for each Council Meeting. 270 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NGVEMBER 27, 1979' PAGE 6 COUNCILMAN GALLAGHER requested that if changes were made in plot plans that Council be notified either at a study session or at a regular meeting. Gallagher stated concern over which items are discretionary and which items should be brought to Council. ADJOURNMENT A motion was' maq~ by Cou~cil.Member de Leon, seconded by Council Memb~r Gallagher and unaniniouslY.'carr1"ea thaY this meeting be adjourned at 11:57 P.M.' until Tuesday, December 4, 1979 at 7:30 P.M. for a Study Session with the Planning Commission. c--- ~. ~ MAYO:~~ ~ ATTEST: ~~~./7~- DEPUTY CIT CLERK u