Minutes 1980-02-26
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
FEBRUARY 26, 1980
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, Mayor
Millis delivered the invocation.
APPROVAL OF MINUTES
On motion of Council Member Gallagher, seconded by Council Member de Leon
and unanimously carried, the minutes for the regular adjourned meeting of February
11, 1980, were approved as prepared.
APPROVAL OF WARRANTS
On motion of Councilman de Leon, seconded by Councilman Gallagher and
unanimously carried, Demand Warrants No. 12324 through No. 12421 in the total
amount of $42,892.28; and Payroll Warrants No. 16588 through No. 16672 in the
total amount of $49,346.88~. were' approved and ordered paid.
RESOLUTION RENAMING THE "ELM ST. SPORTS COMPLF.Xn"TO THF. "SOT!) SPORTS cnMPTrF.X"
Mayor Millis' presented Gee Gee Sato with a resolution renaming 'Elm st.
Sports Complex to Soto Sports Complex'. Mayor Millis thanked 'Mrs. Soto for her
efforts and work on behalf of the community.
RECRIPT OF WATRR-COLOR DRAWING FROM HAROLD FORGOSTRIN. HALCYON
Administrator Butch stated that Mr. Harold Forgostein of Halycon had
donated one of his water-color drawings to Council for the' Council Chamber a I:.; ,,' I,:'",
Council accepted the drawing and instructed Administrator Butch to thank Mr.
Forgostein on their behalf.
APPROVAL OF CONSRNT AGENDA ITEMS
On motion. of Councilman Gallagher,
unanimously carried, the following Consent
commended by City Administrator Butch.
A-I. Receipt of Letter of Request from the
in Court Case, Agins vs. City of Tiburon.
CALIFORNIA CITIES.
A-2. Receipt of Worker's Compensation Management Summary for January, 1980.
RECOMMEND RECEIVE AND FILE.
seconded by Councilman de Leon and
Agenda Items were approved, as re-
City of Tihuron, Rea Finan~ial Assistance
RECOMMEND REFERRAL TO LEAGUE OF
A-3. Invitation to'Open'House~ Lucia Mar Unified School District-District
Office Facilities, Wednesday, February 27, 1980, 2:00 to 6:00 P.M. RECOMMEND
RECEIVE AND FILE.
ADOPT ORDINANCE-TO PROVIDE FOR REGULATIONS RELATING TO THE lJSE OF CI~Y PARKS
Administrator Butch read the title of an ordinance amending the Municipal
Code to provide.for Regulations Relating to the Use of City Parks.... A motion was
then made by Councilman Gallagher, seconded by Councilwoman Smith and unanimously
carried to dispense with reading the balance of this. ordinance.
ORDINANCE NO. 209 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING
THE ARROYO GRANDE, MUNICIPAL CODE BY ADDING CHAPTER
14 TO TITLE 4 TO PROVIDE FOR REGULATIONS RELATING
TO THE USE OF CITY PARKS.
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 26th day of February, 1980.
ADOPT ORDINANCE-REPEAL SECTION 6-4.01(B) AND 6-4.04(C) OF CHAPTER 4 OF TITLE 6,
'TO ELIMINATE INCINERATORS AND THEIR liSR
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
FEBRUARY 26, 1980
PAGE 2
Administrator Butch read the title of an ordinance amending the Municipal
Code entitled Garbage and Refuse to eliminate incinerators and their use.
A motion was then made by Councilman Gallagher, seconded by Councilwoman Smith
and unanimously carried to dispense with reading the balance of this ordinance.
ORDINANCE NO. 210 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING
CHAPTER 4 OF TITLE 6 OF THE ARROYO GRANDE MUNICIPAL
CODE ENTITLED GARBAGE AND REFUSE BY REPEALING
SECTIONS 6~4.01 (B) AND 6-4.04 (C).
On motion of Council Member de Leon, seconded by Council Member Gallagher
1
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Pope, Gallagher, de Leon, Smith and Mayor-Millis
None
None
o
the foregoing Ordinance was passed and adopted this 26th day of February, 1980.
PROGRESS REPORTS-VARIOUS CITY PROJECTS
Fire Station-Administrator Butch reported it is antJ_cipated that the"
preliminary layout of the new fire station will be brought to Council at their
next meeting.
Community Building-Butch reported that the design is now underway and
the project may go to bid in April.
Strother Community Park-Administrator Butch stated that $198.00 had been
presented to the Parks and Recreation Commission by Mr. & Mrs. Jackie Stewart
and their neighbors. Councilman Gabe de Leon then presented the" Mayor with
$75.00 from the Filipino Community Center for trophies for the Women's Softball
Tournament.
Soto Sports Complex-Administrator Butch asked that Council authorize the
call for bids on the Tennis Courts. The bids would open on April 16, 1980 at
2:00 P.M. A motion was then made by Councilman Gallagher, seconded by Councilman
de Leon an~' unanimously carried to authorize the calling of bids for the' Tennis
Courts. Administrator Butch also reported that" the lights were underway; the
roof is on the concession stand and the sewer will be connected soon.
Water System-City Engineer Karp reported that the escrow is not yet closed.
RECEIPT OF THE LATEST LEAGUE OF CALIFORNIA CITIES' LF.r,ISLATlVE RllT.T.F.TIN ANI) OTHF.RS
Council received the League Bulletin and Administrator Butch pointed
out one highlight of the bulletin was the matter of detachment of City Territory
from a City. Council also received a copy of "Fiscal Implications of Jarvis II"
by Albert S. Rodda, Chairman, Senate Finance Committee.
LF.TTER OF INFORMATION. RE. AVIGATION EASEMENT BY THE OCEANO IMPROVEMENT ASSOC _ _ TNC_
, Council received for information only a copy of a letter from George E.
Allen, President, Oceano Improvement Association, to' the Airport Land- Use Commission
stating the Association.'s position on the Avigation Easement Question.
PROGRESS REPORT ON SOUTH COUNTY AREA TRANSIT (SCAT)
Administrator Butch reviewed the SCAT report for the 6 months ending
January 31, 1980. In the last 6 months the ridership has been in excess of
46,000. Butch also reported that the proposal for the new 2 year contract is
nearly ready.
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PUBLIC HEARING-DEVELOPMENT AGREEMENT.WILDWOOD RANCH.220 CORBETT CANYON RD. (TEMPUS)
.ORDINANCE FIRST READING
Planning .Director Castro explained that Council needed to consider three
points this evening; (1) the Rezoning of the property from RAE3 to PD; (2) the
conditions of the approval and (3) the development agreement. Castro then went '
over the map once again for clarification of any questions.
The hearing having been properly published and noticed, Mayor Millis
declared" it, open for public comment. SANDY FACHETTI, 248 Tally Ho Road, asked
how much it was costing to develop the holding--ponds because "he felt it might be
more feasible to develop Tally Ho Creek. City Engineer Karp stated that this
option was considered, but the owners had not been able to secure the necessary.
"rights of way. SHARON OLSON, 516 "Platino, asked how close to Platwno the-buildings
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CITY COUNCIL
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FEBRUARY 26, 1980
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would be.
line.
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Castro stated that the units would be 20 feet from the easterly property
There being no further public comment, Mayor Millis declared the hearing
closed. Councilman de Leon felt the project was satisfactory but felt that
consideration should be given to Mr. Fachetti's concern. City Engineer Karp. re-'
plied that the ponds would be maintained by the association but could be maintained
by the City as a third party if it was necessary. After discussion, Council was
in agreement that the project should go ahead. Administrator Butch then outlined
the mainpoints of the development agreement.. A motion was then made by Councilman
de Leon, seconded by Councilman GallagheFauthorizing the Mayor and City Clerk to
execute the development agreement between the City of Arroyo Grande and Mr. & Mrs.
Charles Tempus relating to Wildwood Ranch Development. SAID MOTION PASSED on the
following roll call vote; AYES: Council Members Pope, Gallagher, de Leon, Smith
and Mayor Millis; NOES: None; ABSENT: None. A motion was then made by Council
Member Gallagher, seconded by Council Member Smith and unanimously carried, finding
the development agreement to be consistent with the General Plan. Administrator
Butch then read ..the ordinance to approve the development a'greement with Wildwood
Ranch. dated February 26, 1980. Administrator. Butch then read the title of an
ordinance to rezone certain property in the City of Arroyo Grande. A mo~ion was
made by Council Member Gallagher, seconded by Council Member de Leon and unani-
mously carried to dispense with reading the balance of the ordinance.
PUBLIC HEARING-AMENDMENT TO ZONING ORDINANCE. ARTICLE 6. SECTION 9-4.605{A).
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HEIGHT RESTRICTION IN "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT (CITY OF ARROYO GRANDE)
Planning Director Castro reviewed the ,recommendation of the Planning
Commission stating it was their opinion that with the majority of the City's
development taking place in hilly terrain and grading requirements, the require-
ment o~ maintaining a two story definition violates the design principles of
bi-level construction within many of the current projects. It was also the
Commissio~ls strong belief that the two story defini~ion was supe!fl~ousJ since
the main concern was that no building shall exceed the 30 .ft.. ~ight limitation.
The Commission would therefore recommend the modification of the existing ordinance
to exclude the two story requirement and condition all development not to exceed
30 ft. height limitation. Councilman Gallagher asked if any consideration had
been given to limitation of tree, heights? Castro replied that. this. particular
ordinance dealt only with buildings.
The hearing having been properly published and noticed, Mayor' Millis
declared it open for public comment. Jim Dorsi., Gularte Road, asked if it was a
question of how many stories or just of height limitation? Castro replied that
it was height only, and would therefore allow for more flexibility. Mr. Dorsi
then stated that he felt the current height limitation was already too high
because of the fire danger. There being no further public comment, Mayor Millis
declared the hearing closed. Discussion ensued, with Mayor Millis asking if this
amendment had been checked with the Fire Chief. Castro replied' that it had.
After further discussion, Administrator Butch' then read the title of an ordinance
amending height restrictions in "R-I" structures in the. City of Arroyo Grande. 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.
PUBLIC HEARING REZONE CASE NO. 79-135. "R-l" TO "H-S". 1063 &,'1065 GRAND{LANDINI)
Planning Director Castro reviewed the recommendation for the' rezoning.
He advised that in researching' the files it was found that back on March 26, 1971,
there was a Minor Subdivision approval given to Mr. Landini establishing the lots.
It would appear that the southerly property line of the commercial~~rea and the
lines defining parcels 2 and 3 were correct. The parcels are below the minimum,
however, the matter is an approved document and, therefore, the lots are legal.
Castro reminded Council that there is a commercial building currently situated on
a portion of this property and, therefore, would recommend the approval of the
rezoning. Castro also stated that the owners on Sunset Drive could be assured
that there would be no circulation allowed from the commercial zone to Sunset Drive.
The'chearing having been properly published and noticed, Mayor Millis
decl~r~d ,it op~n for,public comment. _ Frank Landini,_owner .of the property,
stated th~t originally.he.was not aware that this property was not zoned like the
rest and would appreciate getting it cleared up. Tom Wooley, 1040 Sunset Drive,
asked if he could be assured that there would be public access to the property from
Sunset Drive? Castro assured him that this was not to be the case-that the traffic
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FEBRUARY 26, 1980
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flow would be from Grand Avenue.
There being no further public comment, Mayor Millis declared the hearing
closed. Council discussed the proposed Ordinance, being in general agreement with
it as proposed. Administrator Butch then read the title of the ordinance to
rezone 1063 and. 1065 Grand Avenue from "R-l" to "H-S". A motion was made by
Councilman de Leon, seconded-by Councilman Gallagher and unanimously carried to
dispense with reading the balance of the ordinance.
REVIEW AND UPDATE ON BRISCO ISLAND ANNEXATION
As a matter of information only, Butch advised Council that the Sternbergh
and Filer annexations had been brought to LAFCo and because the City Council had
not acted to accept the annexations the matter would now go to the Board of Super-
visors. After the Board accepts the annexations, the City Council must adopt a
resolution in regard to the tax fee. If the City Council does not do so, the
matter is pretty much at a standstill.
FURTHER DISCUSSION AND REVIEW AS A RESULT OF THE JOINT STUDY SESSION WITH THE
SCHOOL BOARD, GROVER CITY. AND PISMO BEACH-CITY COUNCIL MEETING OF FEB. 21. 1980
Administrator Butch reviewed' the Joint Study' Session with the School Board.
and the G~over City and Pismo Beach City Councils stating that Councilman de Leon
and Mayor Millis were in attendance at the meeting. The general consensus was
that a higher fee on new houses was not an acceptable answer to the problem. After
Council discussion, it was generally decided that another method might be found
to raise money for school's rather than the' assessment on new houses. Councilman
Pope suggested that a letter be written to 'the school Board 'saying that the City's
two representatives {Administrator Butch and Councilman Gallagher} would be avail-
able for further discussion of this matter.
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~PORT AND RECOMMENDATIONS OF THE PLANNING COMMISSION MEETING OF TUES. FEB. 19. 1980
Administrator Butch stated that there were no recommendations from the
Planning Commission at this time. Mayor Millis recognized Planning Commissioner
Fischer from the audience, but Mrs. Fischer had no comments at this time.'
ARCHITECTURAL REVIEW OF "PARKVIEW MANOR".61 UNIT PROJECT FOR ELDERLY AND, HANDICAPPED.
365 AND 377 SOUTH ELM ST. (RANELLETTI)
Planning Director Castro outlined a few of, the conditions set by the
Architectural Review Committeeoin regard to the Ranelletti project on south Elm
Street-61 units for elderly and handicapped. including the following: That prior
to the issuance of a building permit, the applicant shall obtain a grading plan
approval from the Department of Public Works; that a precise landscaping plan
shall be presented to the Planning Department for final approval; that some sort
of emergency lighting, such as a generator or standby ~ttery operated lighting
be included, with a fire alarm system, as well as security system; that the side
and rear fence be constructed in a staggering board effect to provide a neighborly
effect'with the adjoining properties. Discussion ensued among Council and Planning
Director Castro answered the following: Sprinklers, are not required on this type
of construction, but the fire system will be approved by the Fire Chief and there
will be fire alarms in each unit. There are open stairways that are in easy
walking distance of each apartment; also one elevator will be provided. There
will be a manager on duty 24 hours a day and the security system will be checked
by, the, Police Chief. Mature trees are part of the landscaping plan.
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'R1?QTTl:;~<::''T' ow FT'\TF. r'T'T'T"'Rl::. 'T'Z!..XT gF.'R\1Tr''R ANn YRT.T.oW CAR C:O FOR RATF. INCREASE
, Administrator Butch reviewed. the ~equest of Louise Reynolds, owner of
Five Cities Taxi Company for a rate increase with Council. Mrs. Reynolds stated
that these new rates would be comparable to other Taxi Compan~es in the area.
Council decided that a Public Hearing would be best in this matter and a Hearing
was set for Tuesday, March 11, 1980 at 8:00 P.M. in the Council Chambers.
REPORT ON RECENT ZONE 3 ADVISORY COMMITTEE MEETING OF FEBRUARY 21, 1980
City Engineer Karp reported that 8,000 trout had been planted in the Lake
in January. There are 11,007 acre feet of water still available.' The mobile \
home for the 24 hour security person has not yet been installed because of the
weather. In response to Councilman Gallagher, Karp stated that a weekly report
was made on the water quality. .
RECEIPT OF ANNUAL WATER AND SEWER REPORT FOR 1979
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CITY COUNCIL,
ARROYO GRANDE, CALIFORNIA
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Administrator Butch reviewed the Annual Water a!"d"Sewer Report for 1979 i
and commended staff on the excellent report. A couple of highlights of the report
included the fact that a new AMTRAL pressure system was installed on Miller Heights,
replacing a 24 hour pressure pump, cutting cost of energy from $100 plus per. month,
to $10 plus per month. This is also a better system and, should be, trouble free.
Another improvement is our meter exchange and repair service through Rockwell
International. Since making this step in 1978 we have sent in 27 meters for. re,-
pair at an average cost of $8.00. This has cut cost for maintenance of meters
and relieves repairman for other duties. Council received this report for their
review.
FURTHER DISCUSSION ON CAL-TRANS AGREEMENT REGARDING TALLY HO PROJECT
City Engineer Karp reported to Council that as requested he reviewed with
Win Evans of Cal-Trans the City Councills concerns over the appropriateness of
the overhead being charged the City on wages for the state inspectors on the City's
drainage project on Tally Ho Road. It is Karp's understanding from Mr. Evans.that
the Federal Government who is funding the major portion of the project will not
reimburse the local. agency for overhead expenses. He reminded Council that this
was'also'the case when the City submitted its original claims for disaster relief
during the 1978 program. This overhead (46% of the:',iinspector's base wage) covers
office space, utilities, secretarial help, telephone, vacation, sick leave, etc.
Karp stated he had no additional information to offer other than the fact that
the County Engineering Department is the only agency within the County of SLO
who is certified by the State to provide its own inspection on federal projects.
Discussion ensued, with Councilman Pope stati)1g he ,still felt this amount was
excessive and ~~s.it really necessary for "an inspector to be .on the site that
much time. Mayor Millis felt a letter'should be written ,to appropriate legis-
lators notifying them of the problems small cities face on this type of project.
After furthE!r discussion, a motion was made by Councilman de Leon, seconded by
Councilwoman Smith and unanimously carried authorizing the Mayor and City Clerk
to execute the agreement with Cal-Trans regarding lab fees and construction in-
spections for the Tally Ho Project.
CITY ENGINEER'S REVIEW AND REPORT ON PLANS FOR FAIR OAKS AREA STORM DRAIN
City Engineer Karp reviewed for Council on the map the plans for the entire
Fair Oaks Storm Drain. Karp stated the final leg of the project has now been
designed. ~:his final portion is a budgeted item, and the cost will run around
$20,000.00. The entire project, when completed, will have cost approximately 1/3
of a million' dollars. A portion 'of the project is on the Landini property and
should alleviate the drainage problem on Sunset Drive. It is anticipated that
much of this project will be funded by gas tax. This study was paid for by the
existing assessment district.
REVIEW AND \JPDATE. RE.. HALCYON ROAD ACOUISITION. SOUTH OF OLIVE STRF.F.T FOR WIDF.NTNI:;
ON EAST SIDE OF HALCYON ROAD
City Engineer Karp stated that Public Works Director Joe Anderson has
drafted an agreement for the Halcyon Road project and hopefully the property
owner will agree. The property is located across from the Lackey subdivision.
Karp will keep Council posted.
CALL FOR BIDS FOR CURB AND GUTTER ON SOUTH SIDE OF ASH STREET BETWEEN ELM STREET
AND THE CORl'ORATE YARD
Cjty Engineer Karp explained this contract would establish a widening on
Ash Street which wili 'permit' widiming of' the pavement"adjacent' to' the' existing
fenced drainage pond which will allow for two driving lanes, a bike lane on the
pond side of the street and a six foot integral sidewalk. Grading will take place
adjacent to the pond in order to facilitate the widening. The project is a bu~get
item in the amount of $35,000.00 and will be constructed using Gas Tax Funding.
A motion was then mad~ by"Coun~~~~n Gallagher, seconded by Counci~man de Leon
and unanimously carried, authorizing a Call for Bids for the Ash Street Wideningr.
ADJOURNMENT
On motion of Councilman Gallagher, seconded by Councilwoman Smith and
woon;moO"" 0000'.'. ,.. m..',"" O'jOO""~~~ ~~
/-;2 ~ MAYOR
ATTEST:tEP~~RK ~