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Minutes 1980-02-11 n ..~. :, 2~35 CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 11, 1980 The City Council met in a regular 'adjourned session with Mayor Millis presiding. ,Upon roll call, Council Membe:r:s Matthew P. Gallagher, Jr., Gabe de Leon and B'Ann Smith reported present. Council Member Hugh O. Pope, Jr. was absent. PT,'Rnr.'R OF nr.T.Rr.TANC'.F. n.Nn TN11nC'.n.TTON Mayor Millis led the Pledge of Allegiance to our Flag. 'Thereafter, the Reverend Robert J. Banker of the Open Door Church, Oceano, delivered the invocation. APPROVAL OF MINUTES On motion of Councilwoman Smith, seconded by Councilman de Leon and unanimously carried, the minutes for the regular meeting of January 22nd, and the regular adjourned meetings of January '29th and February 4, '1980 were approved as prepared. rnrlNr'TT.M1\N DnDR J..:rnc::. Nnw FNIJ'R'RRn' 'T'UR MRRrpTN'r- APPROVA.l. OF Wn.RRn.N'1'~ On motion of Councilman'de Leon, seconded by Councilman Gallagher and unanimously carried, Demand Warrants No. 12220 through No. 12323'and No. P807 through No. P828 in the total amount of $420,762.72; and Payroll Warrants No. 16402 through 16587 in the total amount of $91,488.18, were approved ,and ordered paid,. fROCLAMATTON nRr.T.A1HNr. FRP.RTlARV 7.1 r 1 QAO A~ '''ROTn.RV ("'r,TYPo nAY" -T1\T THR ("TTV OF :ZU~R()V() r.~Zn\lnR Mayor Millis read the Proclamation declaring February 23, 1980 as "Rotary Club Day" in the City of Arroyo Grande, and presented the proclamation to Dr. Arnold Finch, President of the Rotary. The Mayor commended the Rotary members on their many civic contributions to the City. Dr. Finch thanked the Mayor on behalf of the Rotary members. CONSF.NT /lGF.N[)/I . On motion of Council Member Gallagher, seconded by Council Member de Leon and unanimously carried, 'the 'following Consent Agenda Items'were approved, as recommended by City Administrator Butch. A-I. Receipt of Monthly Report for Period Ending December 31, 1979, Liability Experience and Workers' Compensation Management Summary Report. RECOMMEND RECEIVE AND FILE. A-2. Receipt of California State Board of Equalization Annual Report for 1978-79. RECOMMEND RECEIVE AND FILE. A-3. Receipt of Letter of Thanks from Attorney General George Deukmejian in Support of California Crime Watch. RECOMMEND RECEIVE AND FILE. A-4. Receipt of the January 9, 1980 Human Relations Commission'of South'SLO County Minutes. RECOMMEND RECEIVE AND FILE. A-5. Letter of Request from the 24th District-California Congress of Parents and Teachers, Inc., Requesting Council Adopt a Resolution Concerning Regulation of the Display and Sale of Drug-Use Information and Paraphernalia to Minors. RECOMMEND REFERRAL TO POLICE CHIEF FOR HIS RECOMMENDATIONS. A-6. Letter from Mr. E.L. Nooker that Arroyo Grande is Being Well-Served by our Present Government. RECOMMEND ,RECEIVE AND FILE. A-7. Letter of Thanks and Appreciation, Youth in Government Day Students (Pam Storton, Youth in Government Day Mayor). RECOMMEND RECEIVE AND ,FILE. ADOPT ORDINANCE. REZONING CASE NO. 79-132. FROM "R-G" TO "R-SC".365 ami 177 S RT.M ST. Administratc;>r Butch' .read a ~itle of an ordinance amending the Municipal ;1 Code by rezoning certain property in the City. A motion was then made by Council Member de Leon, seconded by Council Member Smith and unanimously ~arried to dispense with readinq the balance of this ~rdinance. '! ORDINANCE NO. 206 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING A PORTION OF THE ZONING MAP OF THE CITY OF ARROYO GRANDE REFE~D TO IN SECTION .302 OF ~ITLE 9, CHAPTER 4 OF'T!!i'; MUNa;CI:pAL CODE SO'AS'TO.REZONE CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE. 296 CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 11, 1980 PAGE 2, 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 11th day of February, 1980. ADOPT. ORDINANCE ,REZONING CASE NO. 79-131. FROM "P-M" TO "CBD" (LOOMIS) 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 Council Member Gallagher, seconded by Council Member de Leon and unanimously carried to dispense with reading the balance of this ordinance. ORDINANCE NO. 207 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 Smith, seconded by Council.Member Gallagher 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 February, 1980. jROGRESS RF:POR'I'S-VARTons CITY PRO,TF:CTS FIRE STATION-Administrator Butch reported that the staff was looking into some very preliminary plans and would be meeting with the architects soon. COMMUNITY BUILDING-Nothing new to report at this time. STROTHER COMMUNITY PARK-Administrator Butch reported that the Arroyo Grande Women's Club donated $258.63 to Strother Community Park. Additionally, Administrator Butch gave Council a catalogue of park items that could be purchased by citizens or service groups for Parks & Recreation if anyone so desired. SOTO SPORTS COMPLEX-Butch reported that the roof is on the concession stand, and the sewer is hooked up. WATER SYSTEM-Nothing new to report at this time. ~' -.., FUR'T'HRR DIsCnSSTON ANn RRC:OMMRNDA'T'TON OF 'T'HR PARKS AND RRrRF.Jl.TTON rnMMTSSTON QUIMBY ACT FEES-This item was held over. RESOLUTION-NEW RATES FOR.USE OF COMMUNITY BUILDING-Council discussion ensued .about the resolution and fees set with Council Member Pope asking if the fee would cover the utilities used? Councilman Pope also wished to know what percentage of those groups using the facility were non-profit? Administrator Butch stated that approximately 75% of those using the building were non-profit groups. The costs to use the building would probably not cover the.,entire cost at this time. Council Member Smith stated that the rates should not be so high as to discourag~othe community from using the building. Council Member de Leon felt the use should be limited to those residences of the South County Area. Attorney Shipsey pointed out that a.zero should be added to the fee,!section of the resolution for non-profit groups for clarification. Councilman Pope felt it must be--,dlear'that "these fe'es w-ere"-'only an interim measure. After further discussion, Administrator Butch read the title of a resolution setting the fees for use of the Community Building; thereafter, a motion was made by 'Council Member de Leon, seconded by Council Member Gallagher and unanimously carried.to dispense with reading the balance of this resolution. RESOLUTION NO. 1400 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, SETTING FEES FOR USE OF COMMUNITY BUILDING. ~ '-- I- I ~ ~ " " 2('7 ,1 , .1 " , CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 11, 1980 PAGE 3 On motion of Council Member de Leon, seconded byCo~ncil Member Gallagher;' and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Pope, Gallagher, de Leon and Mayor Millis' Council Member Smith None the foregoin'l Resolution was passed and adopted this 11th day of February, 1980. ORDINANCE, 1ST READING-ESTABLISHING RULES OF USE FOR CITY PARKS-Administrator Butch'reviewEed"for' Council that this was the same information that had been rEeviewed at the previous Council meeting. Administrator Butch then read the title of an ordinance setting regulations relating to the use of city parks. A motton was made by Council Member Gallagher, seconded by Council Member de,Leon andJ!.unanimously carried to dispense with reading the balance of this ordinance. , ' ADOPT ORDTNAN~F. MODTFVTNG,oEXTSTING"-rrRAFFIC- ORDINANCE RE. TRITeR PARKTNr. Administrator Butch read the title of an ordinance that would modify the existing Traffic Ordinance Re. Truck Parking. A motion was ~hen made by Council Member de Leon, seconded by Council Member Gallagher and 'unanimously carried to dispense with reading the balance of this ordinance, ORDINANCE NO. 208 C.S; AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE 'ARROYO GRANDE' MUNICIPAL CODE BY' 'AMENDING 'CHAPTER' 3' SECTION 11 OF TITLE 4 OF THE ARROYO GRANDE MUNICIPAL CODE. On motion of Council Me~e. ,Gallagher, seconde~ 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 11th day of February, 1980. '~. .J" RF.~F.TP'1' OF '1'HF. T.A'T'F..c:'T' T.F.ZH~TTF. OF CALIFORNIA rT'T'TF..c:' LF.r.T.c:T.A'T'TVF. RTTT.T.F.'T'TN!::. aNn O'T'HRR!::. Administrator Butch reviewed the latest League Bulletin and reported that a binding arbitration bill for Municipalities and Counties had recently been defeated. in the.Senate Committee. There was also significant information in the bulletin in regard to the effects'of,the AB 8 Deflater if the Jarvis II proposal passes. .FURTHER DISCUSSION ON CONsrDRRATTON OF A NEW TELEPHONE SVSTF.M FOR THF. CITY OF ARROVO:r.RANDF. Administrator Butch reported.'to Council that upon .r,eyi"w with the Pacific Telephone representative, the representative indicated that we have'the'capacity to add 13 additional lines. The capacity is 40, and we are currently with 27. The company has frozen the City's current system to the point that even touqh-tone dialing is not available. Administrator Butch then reviewed the three systems previously compared and the staff recommendation was that the City Council consider the purchase of the Telephone West Electra 100 System. Discussion ensued, with Councilman Pope asking how much the City would have to set aside each year for the system. Butch stated that $3300 was needed each year at 7% interest; Council Member de LE.on was concerned over the trade in value in 10 years. Butch stated that we were guaranteed $19,000 trade 'in 10 years. Mrs. Libby Jackson, 208 Fair View Drive. asked 'what effect this new system'would have on the citizens. Butch answered there would be no change except for improved and more efficient telephone service. Council Member Smith asked what if we wanted to get rid of the system after one year? Butch stated that there is a scale of guaranteed sell or trade in value. Administrator Butch also stated that Telephone West guarantees 'same day service. After further discussion, a motion was made by Council Member Pope, seconded by Council Member de Leon to authorize and approve the appropriation of $44,000.00 for the telephone system and authorize the Mayor and City Clerk to enter into an agreement with Telephone West for the purchase of the Telephone West Electra 100 System. SAID:MOTION PASSED on the following roll call vote: AYES: Council Members Pope, Gallagher, de Leon and Mayor Millis; NOES: None; ABSTAIN: Council Member Smith; ABSENT: None. . , .\" ,......,,_.. 298 CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 11, 1980 PAGE 4 RROllRST CTTY COUNCIL AUTHORIZE AN AMENDMENT TO THE SLO COG JOINT POWERS AGREEMENT TO INCLUDE MEMBERSHIP OF THE CITY OF ATASCADERO Administrator Butch explained that SLO-COG was actually asking for two things. First, that the JPA Agreement be amended to include Atascadero and second, that the name of the agency be changed to SLO-COG. Staff was recommending that Atascadero be included but Butch reminded the Council that the City Mayors had previously voted against any name change. After Council discussion, a motion was made by Council Member de Leon, seconded by Council Member Smith to authorize the amendment to include Atascadero and allowing the name change. More discussion ensued, with Councilman Pope stating he felt the group should name themselves and that the City's representative to the Area Council could represent the City Council in this matter. Council Member Pope then made a motion to amend the pre- vious motion stating that Atascadero be accepted and that the City's representative (Councilman Gallagher) represent the City in reo to the name change. (The motion was seconded by Council Member Gallagher. SAID AMENDMENT to the motion WAS CARRIED with Councilman de Leon dissenting. The Council then voted on the motion as amended and SAID MOTION was unanimously carried. u LETTER OF INFORMATION AND CONCERN RE. AB 1983. A PROPOSAL FOR DETACHMRNT OF INHABITED TERRITORY FROM A.CITY Administrator Butch explained that AB 1983 would provide that a proposal for detachment of inhabited territory from a city, initiated by petition of registered voters within the affected territory, shall not be disapproved by LAFCo. After discussion, a motion was made by Council Member Pope, seconded .by Council Member Gallagher and unanimously carried instructing staff to contact our Sac- ramento representatives stating that the City opposes AB 1983. FURTHER DISCUSSION AS A 'RRSTJL'T' OF' 'A. ,TOTNT MRF.TTNC:: RF.'T'WF.F.N TUF. rTTV OF' A c:: ANn LUCIA ~ffiR UNIFIED SCHOOL DISTRICT BOARD Administrator Butch reviewed a Summary of The Study Session between the Arroyo Grande and Pismo Beach City Councils on February 4, 1980 and told Council that the School Board would like another meeting in February if possible. At that time the Board is expecting representatives from Grover, Pismo, Arroyo Grande, and Supervisors Mankins and Kupper. Discussion ensued with Council Member Gallagher interested in what other cities are doing in regard to the question of assessments on new housing for the purpose of acquiring .funds for, school construction.. Council Member Pope wanted to know exactly where the money was needed. Administrator Butch felt that perhaps more questions could be answered at the subsequent meeting. Mayor Millis felt the Council,should let the school board know exactly what items the Council wished to discuss. Councilman Pope asked staff to do an informal report on the questions posed. No further action was taken at this time. ADOPT RESOLUTION ESTABLISHING DEVELOPMENT AGREEMENT PROCEDURE Administrator Butch reviewed for Council that this resolution establishing a development agreement procedure was a result of the Study Session of January 29th in regard to Wildwood Ranch Development. City Attorney Shipsey spoke of the Code Section that allows 'for such agreements and told Council that the figure of $250.00 for expenses was an arbitrary figure that could be changed. Councilman Gallagher asked what enforcement we would have if the City entered into such an agreement. Shipsey said the advantage of the agreement would be that the developer would know specifically what was expected of him. The agreement would allow for stability. The agreement can be terminated if the developer is not proceeding in accordance with the agreement. Council Member Smith asked what type of enforcement was necessary under existing ordinances? Shipsey stated that litigation would be necessary in either case. After further discussion, Administrator Butch read the title of a resolution establishing a development agreement pro- cedure. A motion was then made by Council Member Gallagher, seconded by Council Member de Leon and unanimously carried to dispense with reading the balance of this resolution. u RESOLUTION NO. 1401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A PROCEDURE FOR THE CITY OF ARROYO GRANDE TO ENTER INTO DEVELOPMENT AGREEMENTS AS PRO- VIDED FOR UNDER GOVERNMENT CODE SECTION 65864, ET SEQ. On motion of Council Member de Leon, seconded by Council Member Gallagher and on the following roll call vote, to wit: r n II r. I i '- -- --~~I 2S18 .1 CITY~COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 11, 1980 PAGE 5 'AYES: NOES: ABSENT: Council Members Pope, Gallagher, de Leon, Smith and Mayor Millis None N9ne the foregoing resolution was passed and adopted'this 11th day of February, 1980. PUBLIC HEARING DATE ON DEVELOPMENT AGREEMENT FOR WILDWOOD RANCH DEV. (FEB. 26. 1980) , Mayor Millis noted that there will be a public hearing on the development :1 agreement fo:r'wildwood Ranch on: February 26, '1980 at 8:00 P.M. in the Council Chambers. , PRESENTATION OF PROPOSED UPDATE', '1979 UNIFORM FIRE CODE. As RECOMMENDED BY THE FIRE CHIEF ,Administrator Butch reviewed a few'points of the 1979 Uniform Fire Code as recommended by the Fire Chief and the matter was referred to the Planning Commission for further study. ORDINANCE '1ST READING~SECTION 6-4.01.TITLE 6. CHAPTER'4(b) AND (c). ELIMINATE INCINERATORS AND THEIR USE Administrator Butch informed Council that while it has been illegal for some time to use certain types of unapproved incinerators, the item had not been properly deleted from the existing ordinance. Attorney Shipsey then read the title of an, ordinance amending Chapter 4 of Title 6 of the Arroyo Grande Municipal Oode entitled Garbage and Refuse. A motion was then made by Council 'Member Gallagher, seconded by Council. Member de Leon.and unanimously carried to dispense with reading the balance of this ordinance. RECOMMENDATION OF THE PLANNING COMMISSION MEETING OF TUESDAY. FEBRUARY 5. 1<)80 Mayor Millis read the notices of two public hearin~.to be held. The first is a proposed amendment to Zoning Ordinance, Article 6, Section 9-4.605(a) , Height Restriction in the "R-l" Single Family Residential District. The PUBLIC HEARING is set for February 26, 1980 at 8:00 P.M. The second is a rezoning Case No. 79-135, from "R-l" Single Family Resi- dential District to "H-S" Highway Service District, 1063 and 1065 Grand Avenue, Landini. The PUBLIC HEARING is set for February 26, 1980, at 8:00 P.M. fURTHER DISCUSSION RE. PROGRAM 'TO UNTRASH SLO cormTY Administrator Butch advised Council that staff would be attending a seminar on either March 5th or 6th for further study of the Program to Untrash SLO County. RECEIPT OF DEPARTMENTAL MONTHLY REPORT FOR THE MONTH OF .IANlJARY. 1 <JAD The Council received the Departmental Monthly Report for the Month of January, 1980 for their review , and study. REPORT ON RECENT COUNTY WATER "RESOURCES ADVISORY COMMITTEE MEETING OF FEBRUARY 6. 1980 Administrator Butch advised that the firm of Brookman, Edmundson had been hired to study the Nacimiento issue for a possible bond election in November, 1980. On the California Water Project, the County of Santa Barbara received a letter from i! Rob Robbi, the Department of Water Resources Director dated January 18th acknowledging Santa Barbara's 5th refusal of construction of the coastal branch, and also Santa Barbara's intention to sell a portion of their allocation. RECEIPT OF LOPEZ WATER CONTRACT BILLING FOR FISCAL YEAR 1980-81 (S433.022)VS 1979-80 (S424.426) The Council received a copy of the Lopez Water Contract Billing for Fiscal Year 1980-81 vs. 1979-80 for their information and review. REIMBURSEMENT FOR FRONT FOOT WATER MAIN CHARGES TO WM. LACKEY (OLIVE STREET) , Administrator Butch reviewed a memo from City Engineer Karp recommending that the amount of fees collected from Mr. Lackey for construction fronting on Olive Street to reimburse the City for front foot water mainrcharges be refunded in the amount of $893.34. It seems that the amount had previously been paid by a former owner of the property. A motion was made by Council Member Gallagher, seconded by Council Member de Leon and unanimously carried to refund the amount of $893.34 to William Lackey. APPROVE PROGRESS PAYMENT NO. 1. RE. DRAINAGE IMPROVEMENTS ON TAU.V HO Rn FROM .r.ANVON WAY TO ~AMF.S WAY Administrator Butch ~eviewed a memo from City Engineer Karp recommending that the City Council approve the progress payment of $21,876.89 to Melcher Con- struction as progress payment No.1. A motion was made by Council Member Gallagher, seconded by Council Member de Leon and unanimously carried to approve such progress:, payment. 300 CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 11, 1980 PAGE 6 REOlIRST "TO "MODIFY ZONING ORDINANCE" SEC". 9:"4. 2421-CURBS. GUTTERS. AND SIDEWALKS Administrator Butch reviewed a recommendation by City Engineer Karp requesting the Council to modify the section 9-4.2421 in reo to curb~ gutter, and sidewalks required in certain districts. During recent discussions with developers and builders within the City the referenced code section has been the source of some confusion over whether or not concrete curb, gutter and other improvements can be required in the zones where they are not automatically covered as per the section. Staff feels this amendment will clearly resolve these questions. After Council discussion, a motion was made by Council Member Pope, seconded by Council Member Gallagher and unanimously carried to tentatively approve the amendment and refer the matter to the Planning Commission. PROGRESS REPORT ON THE SOUTH SLO COUNTY SANITATION DISTRICT Administrator Butch reported that the outfall had been held up because of the weather. Council received the SLO County Sanitation District report for their review. D ORAL CO~ruNICATiDNS~OFF AGENDA MR. HADDOX spoke from the "audience saying he felt school assessment should be based on the selling price-"of a house rather than square footage to help keep up with inflation. COUNCIL MEMBER GALLAGHER was interested in the status of the Regional Center. Administrator Butch stated there would be a tour at a later date. COUNCIL MEMBER SMITH would like Council to review any existing drive-way ordinance, because many new drive ways seem excessively steep. COUNCIL MEMBER POPE reminded staff that he wanted an updated report on the public works projects now underway. Administrator Butch stated this was slated for April as previously instructed. ADJOURNMENT A motion was made by Council Member Gallagher, seconded by Council Member de Leon and unanimously carried to adjourn to a regular adjourned meeting on Thursday, February 21st with the Lucia Mar School Board at their office at 602 Orchard"Street; Arroyo "Grande , at 7:30 -P.M;" A motion was made by Council Member Gallagher, seconded by Council Member Smith and unanimously carried to adjourn. The meeting adjourned at 9:30 P.M. ~~~ YOR . ATTEST' ~~~-4~' 0 ~ DEPUTY CI CLERK D "