Minutes 1981-04-28
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483
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
APRIL 28, 1981
The City Council met in regular'session with Mayor Pope presiding., Upon
roll call, Council Members B'Ann Smith, Karl A. Hogan, and Lawrence E.
Vandeveer re~orted p~e;ent. Council Member Millis was absent.
PLEDGE OF ALLEGIANCE
Council Member Hogan led the Pledge of Allegiance to our Flag.
Thereafter, Reverend Alan Gorsline, United Methodist Church, Arroyo Grande,
California, delivered the invocation.
APPROVAL OF MINUTES
On motion of Council Member Smith, seconded by Council Member Vandeveer,
it was unani~ously voted to approve the minutes,of April 14, 1981 as presented.
APPROVAL OF WARRANTS
On mo~ion of Council Member Vandeveer, seconded by Council Member
Hogan, and unanimouslY3carried, Demand Warrants *14994 through *15081 in
the amount of $111,203.11 and, Payroll Warrants *19567 through *19654 in
the amount of" $71,020.04 were" approved, and ordered,paid.
APPROVAL OF CONSENT AGENDA ITEMS
On motion of Council Member Smith, seconded by Council Member Vandeveer,
it was unanim?usly voted to approve the Consent Agenda Items as presented.
A-I. Notice of Channel Counties":Division of the League of California, Cities'
Quarterly Mee~ing in Atascadero on Friday, May 8, 1981, 5:00 P.M. RECOMMEND
COUNCIL ADVISE IF PLANNING TO ATTEND.
A-2. Request: Permission to Hold Run and Barbeque for th~ Benefit of Muscular
Dystrophy Asso,ciation on Saturday, May 3D, 1981, at Strother Park. RECOMMEND
APPROVAL WITH, COORDINATION WITH PARKS DIRECTOR.
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A-3. Receipt,of Annual Franchise Payment from Pacific Gas and Electric Company
for 1980-81 i~ the amount of $11,333.16--1979-80 Amount was $7,996.93., RECOMMEND
RECEIVE AND FILE WITH FINANCE 'DEPARTMENT.
A-4. Request':that the Mayor Proclaim the Week of May 10.,.16, 1981" as Municipal
Clerks Week. ','RECOMMEND MAYOR SO PROCLAIM.
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A-5. Receipt of the Latest League of California Cities' Legislative,Bulletin
and Related Material. RECOMMEND COUNCIL REVIEW AND COMMENT.
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A-6. Receipt ,of Management Summary Reports on Workers' Compensation and
Liability Insurance for the Month of March, 1981--Central Coast cities Self-
Insurance Fund. RECOMMEND RECEIVE AND FILE.
A-7. Recomffie~dation that City Council Deny the Claim Against the City of
Arroyo Grande ,by Joseph L. Rodriquez, III--Date of Loss: 12/22/80. RECOMMEND
COUNCIL SO DENY.
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A-8. Request ,by, Office of Criminal Justice Planning for Funding During the,
1981-82 Fiscal Year., RECOMMEND REFERRAL TO CITY COUNCIL BUDGET STUDY SESSIONS
FOR 1981-82 BUDGET.
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PROGRESS REPORTS ON;
a) Community Congress - Report ,on Meeting of April IS, 1981. Acting
City Administr~tor Clark reported that 250 questionaires ~ere returned from
the public and the t~p three subj~cts of interest were resources, education,
and business and industrialization with heavy emphasis on agriculture. The
next committe~ meeting will be April 29, 1981.
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484
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
APRIL 28, 1981
PAGE TWO
b) Fire station - Progress Payment No.7 on Construction. Acting
City Administrator Clark reported that progress payment no. 7 in the amount
of $48,516.30 is now due. On motion of Council Member Hogan, seconded by
Council Member Vandeveer, it was unanimously voted to make progress payment
no. 7 in the amount of $48,516.30 to Bunnell Construction.
FURTHER-DISCUSSION RE: RENTAL OF OFFICE IN NEW FIRE STATION FOR PURPOSES
OF STATE FIRE MARSHAL'S USE
City Attorney Shipsey stated that the lease presented contains a
provision that either entity may cancel the lease on 90 days notice
after June 30, 1982. The lease period_ is from July 1, 1981 to_June 30, 1986
and is for 120 square feet at $100 per month. On motion of Council Member
Vande~~er, seconded by Council Member Hogan, it was unanimously voted to
approve the lease as presented.
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REPORT AND RECOMMENDATION OF PLANNING COMMISSION MEETING OF TUESDAY,
APRIL 21, 198L
a) Report and Recommendation on Use of SB:_1960" - Mobilehome on
City Residential Lots: (Planning Commission has Scheduled Public Hearing
for May 19, 1981). -:The:.report was received.
FURTHER DISCUSSION RE: REQUEST FROM E.O.C. THAT THE MAYOR APPOINT_A
REPLACEMENT FOR COUNCIL MEMBER SMITH
Mayor_Pope announced that Council Member Vandeveer has volunteered_
for this position and he appointed Mr. Vandeveer to serve on this commission.
FURTHER DISCUSSION RE: REQUEST OF ARAM YAZARIAN FOR A REDUCTION IN PRICE
OF BUSINESS LICENSE FEES FOR THERAPEUTIC MASSEUR
Finance Director Bacon recommended that the fee structure in Title 5,
Chapter ll,-for massage establishments remain the same to aid in the
regulation process of massage establishments. He stated that the business of
'therapeutic masseur' be, reclassified with professionals under the Business
License Code, rather than the Public Welfare, Morals, and Conduct Code,
which is for regulation purposes. If Mr: Yazarian's business were reclassified,
the fee would be $25.00 rather than $100.00. Acting Administrator Clark
reported that the California Department of Health does not require a State
license for therapeutic massage, Mr. Yazarian has no criminal record, and
all other aspects of the background"check are satisfactory. After discussion,
it was unanimously voted to revise the ordinance to reclassify the. business
of 'therapeutic masseur" to the Business License Code from the Public Welfare,
Morals, and Conduct Code.
PUBLIC HEARING ON THE APPEAL OF VARIANCE CASE NO. 81-74 RE: VARIANCE FROM
"MINIMUM LOT DEPTH" IN AN R-l ZONE AT 175 WALNUT STREET (PAUL VAN BUSKIRK)
Planning Director Castro reported that this variance case was
considered by the Planning Commission on_April 7, 1981. There were various
property owners in attendance at that meeting_and the complaints were
regarding parking and noise. The hearing having been properly published
and noticed, Mayor Pope declared it open for public comment. PAUL VAN BUSKIRK,
175 Walnut, stated that he wishes to subdivide the lot because of the
rising cost of taxes. MYRON MAY, 154 Walnut, spoke in opposition to the
variance, stating that the lots are smaller than the minimum and the
construction of another residence will create too much density.
PAUL STURGES, 103 Park Place, Pismo Beach, stated that Mr. Van Buskirk
wishes to utilize the vacant portion of his lot. ELIZABETH JACKSON,
208 Fairview, opposed the possible rental in the R-l zone. ROGER FULLER,
McKinley Street, spoke to the question. BILL SHEARER, 170 Walnut, and
CHR1s KINGTON, 162 Walnut, spoke in opposition to_the variance.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
APRIL 2e, 1981
PAGE THREE
Council Member 'Smith requested that this item be continued so that a full
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Council might be present. The majority of the Council Members were not in
favor of continuance of this item. Mrs. Smith stated that she appealed this
variance as she felt there was considerable concern on the part of the
adjoining property owners and that they should be 'heard. She stated that
flag lots should not be approved on cul-de-sacs and she is not generally in
favor of flag lots as they are not safe from a police and fire protection
standpoint. rThere being no further comment, ,the hearing' was' cl:osed. Planning
Director Castro stated that there is sufficient parking-proposed and a
condition of the Planning Commission was that the 30 foot easement for lot 2
be recorded prior to recordation of the map. Council Member Vandeveer
stated that the property should be utilized and Council Member Hogan commented
regarding the drainage. Mayor Pope stated that when this area was
originally subdivided they were acre lots and many have been divided in
the past. Council Member Smith moved to uphold the appeal- and overrule
the Planning :Commission approval" bf the..variance. There was' no second
to the motion~ Council Member Vandeveer moved to uphold-the Planning Commission
decision of approval of the variance--and was seconded by Council Member
Hogan. A roll call vote was taken:
AYES:
NOES:
ABSENT:
Council Members Hogan, Vandeveer,
Council Member Smith.
Council Member Millis
and Mayor Pope
PUBLIC HEARING ON THE'APPEAL OF USE PERMIT CASE NO~ 81-315 TO-ALLOW FOR
CONSTRUCTION OF A CONDOMINIUM PROJECT IN THE R-G RESIDENTIAL GARDEN APARTMENT
DISTRICT LOCATED AT 1133 MAPLE STREET (ADDISON B. WOOD)
Planning Director Castro reported that the Conditional Use Permit
was approved by the Planning Commission, however, the phasing portion of
the project was not approved by the Architectural Review Committee. The
Committee was i, of -the opinion that all the units should be built at the same
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COUNCIL MEMBER MILLIS ARRIVED AT 9:02 P.M.
The hearing having-been properly published and noticed, Mayor Pope'declared
it open for public comment. ADDISON WOOD, 1133 Maple, -explained that he is
requesting approval of the 'phasing portion of the project due to the high
cost of interest and because each-unit will be sold separately, he wishes
to sell several before beginning construction of the remainder of the units.
JAMES W. JENNE, 180 Walnut, questioned the guest parking proposed for the
project. Council Member Millis and'Council Member Vandeveer stated they are
not opposed to the phasing provided that temporary decorative fencing is
installed to separate those units completed and those under construction.
Council Membe': Smith commented that-the pr'oject should be in two phases
rather than three., Council Member'Hogan stated he is not opposed to phasing.
On motion of Council Member Millis, seconded by Council Member Vandeveer,
it was unanimously voted to approve the upholdcthe:ooappeal and approve the
phasing portion of the project for Use Permit Case No. 81-315; to 'require
that phase 1 and 2 shall become phase 1 and phase 3 shall become phase 2;
and to stipulate that there shall be temporary decorative fencing and return
the project to the Planning Commission for additional conditions.
REPORT AND RECOMMENDATION OF PARKING AND TRAFFIC COMMISSION MEETING OF MONDAY,
APRIL 20. 1981'
The report was received.
COUNCIL DISCUSSION RE: EXTENSION OF TIME TO COMPLETE CABLE TV RATE STUDY
Council Member Vandeveer commented regarding the letter from the
San Luis Obispo requesting an extension to June 10, 1981 of the rate
He reqhested that a letter be sent to Sonic Cable TV advising them
extensi9n. On motion of Council Member Vandeveer, seconded by Council
Hogan, it was unanimously voted to grant the time extension to June 10,
City of
study.
of the
Member
1981.
486
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
APRIL 28, 1981
PAGE FOUR
REPORT ON RECENT ZONE 3 ADVISORY COMMITTEE MEETING OF APRIL 16, 1981
Mayor Pope stated that he has nothing to report at this time.
FURTHER DISCUSSION OF REQUEST OF FILER REALTORS RE: CITY WATER ORDINANCE .
CHANGE TO INCLUDE CONSOMINIUMS OR PLANNED UNITS IN THE WORDING OF THE ORDINANCE
City Attorney Shipsey stated that in his opinion the proposed change
to the ordinance would cost the City money. Roger Fuller, McKinley Street,
commented regarding the request. After discussion, it was the consensus of
Council that Staff will return at the next meeting with a report and
recommendation regarding this request.
REQUEST OF DIRECTOR OF PUBLIC WORKS FOR COUNCIL ACCEPTANCE OF CONCRETE
WORK ON VARIOUS ASSESSMENT DISTRICTS
Acting City Administrator Clark stated that Staff is recommending
acceptance of Public Works project no. 90-80-6, curb and gutter, sidewalks,
driveways and driveway conformance on Ide; Garden, Nelson and Olive' streets;
authorize the City Clerk to file the appropriate Notice: of Complet1on with
the County Recorder's Office; and authorize the progress payment in the .
amount of $11,567.93. On motion of Council Member Smith, seconded by
Council Member Vandeveer, it was unanimously voted to accept the above~noted
project subject to the conditions as stated by Mr. Clark and authorize
payment to Oliver Fogle in the amount of $11,567.93.
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PROGRESS REPORT ON THE SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT
After discussion, it was the consensus of Council that this item
be placed under consideration of the Consent Agenda Items in the future.
WRITTEN COMMUNICATIONS
Acting City Administrator Clark stated that a call was received
this date from Jeffrey Grote, City of San Luis Obispo, reqUesting Council
support of SB 788. Mayor Pope stated it has been Council policy to not .
express support or opposition on bills unless they directly effect the City.
of Arroyo Grande.
ORAL COMMUNICATIONS
Elizabeth Jackson, 208 Fairview, questioned if Sonic Cable TV is
required to have a business license. Council Member Vandeveer answered
that under the franchise agreement, it is not'required.
ADJOURNMENT
On motion of Council Member Vandeveer, seconded by Council Member
Millis, it was unanimously voted to.adjourn at 9:50 P.M.
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