Minutes 1981-05-26
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
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MAY 26, 1981
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The City Cou~cil met in regular session with Mayor Pope presiding. Upon
rollcall, Council Members B'Ann Smith, Karl A. Hogan, Mark M M 11
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and Lawrence,'E. Vandeveer reported present.
PLEDGE OF ALLEGIANCE
Council Member Millis led the Pledge of Allegiance' to our Flag.
Thereafter,. Council Member Hogan delivered the invocation~
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APPROVAL OF MINUTES
On m6~ion of Council Member Vandeveer, seconded by Council Member
Hogan, it was unanimously voted to approve the minutes of May 12; 1981
as presented.
APPROVAL OF WARRANTS
On motion of Council Member Smith~ seconded by Council Member
Vandeveer, an~ unanimously carried, Demand Warrants #P0170 through #P0183
and #15168 through #15255 in the amount of $201,032.59 and payroll,Warrants
#19756 through #19843 in the amount of $53,252:69 were approved and ordered
paid.
APPROVAL OF CONSENT AGENDA ITEMS
Mayor' Pope requested that item #8 be withdrawn for discussion and
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Council Member Millis requested that items #6 and #7 be withdrawn for discussion.
On motion of Council Member Vandeveer, seconded by Council Member Smith,
it was unanimously voted to approve the Consent Agenda Items minus #6, #7
and #8.
A-6. Further Update on OCS Lease Sale 53. RECOMMEND REVIEW AND COMMENT.
Council Member Millis stated that he has discussed this matter with citizens
of the community and the'most common remark=was the concern that this area
not become another Santa Barbara. He moved that the City Council oppose
off-shore dritling along the'Central Coast and was seconded'by Council
Member Vandeveer. Council Member Vandeveer stated that he is in favor
of opposing the lawsuit. Council Member Hogan commented that many people
are also in favor of off-shore drilling. The motion was passed with
Council Membef Hogan and Mayor Pope dissenting.
A-7. Receipt'of Chief Plant Operator's Monthly Report Re: South San Luis
Obispo County: Sanitation District.' RECOMMEND REvIEW AND'FILE: Council
Member Millis':presented a chart listing the total gallons of ,flow of the
South San Luis Obispo County Sanitation District. He stated that the'
board of dire~tors met May 20, 1981,and he wished 'the Council to be aware
of, the~figures~--7Ileexpressed concern because on June 30, 1980 the plant
was operating at 88% capacity and it is estimated to be operating at 92%
capacity by J~ne 30, 1981 and expansion of the plant must be looked into
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in the not t09 distant future.
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A-8. Oral Progress Report on Zone 3 Advisory Committee Meeting of May 21,
1981. RECEIPT OF INFO ONLY. 'Mayor Pope requested that ,this be a regular
agenda item iri the future. He stated that a report was received from
Mr. Milne, engineer for county water projects, regarding a progress report
on the coasta+ acqueduct and ~aciemiento to South Five Cities. The
study of the Naciemiento project estimated a cost of 50 million dollars.
The Coastal pfoject is funded to the Santa Barbara County line. 'If the
Naciemiento pfoject were built now,.' the cost- wouid exceed three times the
original costJ
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
MAY 26, 1981
PAGE TWO
CONTINUE PUBLIC HEARING - REZONING CASE NO. 80-145, FROM RA-B3 DISTRICT
TO RA B2 DISTRICT, TALLY HO-ROAD (LAVINE)
Administrator Sheldon reported that the proper maps have not-been
received by the applicant and he recommended that the request be denied
without prejudice so that the applicant may reapply and the public hearing
be readvertised. The hearing having been properly published and noticed,
Mayor Pope opened it for public comment. There being none, the-hearing
was closed. On motion" of Council Member Smith, seconded by Council Member
Hogan, it was unanimously voted to deny the request without prejudice.
RESOLUTION TO ESTABLISH PRIOR APPROVED EXCHANGE PROPERTY TAX REVENUE BASE
IN BRISCO HILL AREA BETWEEN CITY OF ARROYO GRANDE AND COUNTY OF SAN LUIS
OBISPO
Administrator Sheldon stated that this resolution is required by
Proposition 4 which requires that negotiations take place regarding the
tax base. The negotiated exchange in this case for El Camino Real'_
Annexation No. 1 is zero. City Attorney Shipsey-read the title of the
resolution. On motion of Council Member Vandeveer, seconded by Council
Member Hogan, it was unanimously voted to dispense with further reading
of the resolution.
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RESOLUTION NO. 1472
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ESTABLISHING THE NEGOTIATED
EXCHANGE OF PROPERTY TAX REVENUE BASE BETWEEN
THE CITY OF ARROYO GRANDE AND THE COUNTY OF
SAN LUIS OBISPO
On motion of Council Member Smith, seconded by Council Member
Vandeveer, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope
None
None
the foregoing Resolution was passed and adopted this 26th day of May, 1981.
REPORT ON COST OF LIGHTING FOR PORTER FIELD PER COUNCIL REQUEST
-Recreation Director Keisler spoke regarding the report. Mayor
Pope stated that a da~e should be set for a joint meeting with the Parks
Commission. After discussion, it was the consensus to call'a special
meeting for this purpose for June,l, 1981 at 7:30 P.M.
PRESENTATION OF 1981-82 PRELIMINARY MUNICIPAL BUDGET AND SETTING DATES
FOR BUDGET STUDY SESSIONS
Administrator Sheldon submitted the preliminary budget and requested
Council consider dates for budget hearings. After discussion, it was
the consensus of Council to hold a study session on June 8, 1981 at
7:30 P.M., a public hearing at the regular meeting of June 9, 1981, and
to tentatively schedule a study session for June 10, 1981 at 7:30 P.M:,
if necessary.
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REQUES~!'C PAYMENT OF PROGRESS PAYMENT NO.8, FlRE~STATION CONSTRUCTION
Public,Works Director Karp stated that progress payment no. 8 is
now due to Bunnell Construction for the fire station in the amount of
$9,308.70 and recommended that it be paid. On motion of Council Member
Vandeveer, seconded by Council Member Smith, it was unanimously voted to
pay progress payment no. 8 to Bunnell Construction in the amount of $9,308.70.
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CITY COUNCIL,
ARROYO GRANDE, CALIFORNIA
MAY 26, 1981
PAGE THREE
REPORT.AND RECOMMENDATION OF PLANNING. COMMISSION MEETING OF MAY '19, 1981
a) Pre zoning Case No. 8l~155, Stem Annexation. on. Farroll Avenue,
"R-3" Multiple. Family Residential District. . . ...
b) Pfoposed Ordinance Amendment Regarding Impl~mentatio~ of
Senate Bill 1960 Providing for Mobile Homes on Residential Lots.
c) Rezoning Case No. 81-154, from "RA-B3" Residential Agricultural
District to "RA-B2" Residential Agricultural District, 321 and 331 Tally
Ho Road.
d) Lot Split Case No.. 81-355, Lot Line Adjustment, Printz Road.
It was the consensus of Council to set all of the above items for public
hearing for the regular meeting of June 23, 1981.
PROGRESS REPORT, RE: PLANNING MATTERS
a) Resources Management Study
b) Urban Limits Study
c) General Plan Update
Public Works Director Karp referred to the memos submitted by Planning
Director .Hays reg?rding these items and stated Mr. Hays could not be
present due to illness but will report back to Council as soon as possible.
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ORDINANCE ESTABLISHING. FILING FEE FOR ALL LOT SPLITS
City Attorney Shipsey read the title of the ordinance. On motion
of Council Member Vandeveer, ?econded by Council Member $mith, it was
unanimously voted to dispense with further reading of the ordinance.
REPORT AND RECOMMENDATION OF PARKING AND TRAFFIC COMMISSION MEETING OF
MAY 18', 1981 :.' . .
a) Resolution.and Petition, Re: Establishment. ofaXhree-Way
Stop at the East Cherry Intersection of Pacific Coast Rail Road Right of
Way Place for:' a Trial Period of Six Months. Public Works Director Karp
stated that this. three-way stop is recommended by the Parking and Traffic
Co~ission and he r~commended.~hat it be_enacted for a.trial period of
six months. He read the title. of the resolution. On motion of Council
Member Smith, j. second~d by CounciL Member Vandev~er, it was unanimously
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voted to disp~nse.with further. reading of ~he resolution.
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RESOLUTION NO. 1474
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ESTABLISHING A THREE-WAY
STOP AT THE EAST CHERRY INTERSECTION OF
PACIFIC COAST RAIL ROAD RIGHT OF WAY PLACE
. FOR A TRIAL PERIOD OF SIX MONTHS
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.On motion. of Council Member Smith, seconded by Council Member
Millis,. and on the following roll call vote, to. wit:
AYES:. Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope
NOES: I None
ABSENT: i None
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the foregoing.' Resolution .was passed and adopted this 26th day of May, 1981.
Rod Gibson, 277 E. Cherry,.. stated that the street is also designated as a
truck route and he is opposed to the six.months limit because. during that
period of tim~ motorists will just. begin to be used to the stop signs.
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b) Re~olution Re: Establishment ~f a "No Parking'~. Zone on a Portion
of Grand Avenue. Public. Works Director Karp stated that this zone is
recommended by the Parking and Traffic Commission at 422, 418 and 414 Grand.
Avenue.. The no parking zone is proposed for the.'northerly frontage of
Grand Avenue between the Oak Street intersection and 150. feet easterly
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
MAY 26, 1981
PAGE FOUR
of said intersection, thus tying in with the existing no p~rking zone ?D
the McDonald's frontage. He read the title of the resolutlon. ?n motlon
of Council Member Millis, seconded by Council Member Vandeveer, 1~.was
unanimously voted to dispense with further reading of the resolutlon.
RESOLUTION NO. 1473
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ESTABLISHING A "NO PARKING"
ZONE. ON A PORTION OF.GRAND AVENUE
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On motion of Council-Member Smith, seconded by Council Member
Vandeveer, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope
None
None
the foregoing Resolution. was passed and adopted this 26th day. of May, 1981.
RECEIPT OF CABLE TV RATE STUDY BY TELECOMMUNICATIONS
Mayor Pope stated that the study was received this date for review
and will be considered on June. 9, 1981. He requested that Staff notify
Sonic Cable TV that it will be considered on that date.
REQUEST TO ADVERTISE CONSTRUCTION OF DEEP DOMESTIC WATER WELL
Public Works Director Karp reported that per Council's request
he has discussed with the hydrologist the use. of the Corporation Yard as
a potential. site for drilling the. water well. He referred to the letter
from the hydrologist in which he strongly discourages the use of site #3
(corporation yard). It is a potential hazard to the lower acquifers if
the well is drilled there and will cost more as it lies within the cone
of depression of the Grover City Well. The hydrologist recommends either
site #1 or #2, the site clq$er to the ocean being preferred as it would
provide the largest production, as a general rule. Mr. Karp stated he
recommends site #1 as it is closer to a discharge which could take the
proposed water flow without impacting the~surrounding area hydraulically,
the available power is closer,is directly adjacent to a drainage basin
which could be used to discharge waste, and site #1 is far less upsetting
to the general use of the park area than site #2 as it would delete 4 to
8 parking spaces from the parking lot. The site of the well will require
approximately 40' X 40'. Council Member Smith stated it is too bad that
park and recreation area must be used, however, she is in favor of site #~
as opposed to site #2. She moved to authorize staff to call for bid for
the construction of the deep domestic water well at site .#1 and was seconded
by Council Member Hogan. The motion was passed with Council Member Millis_
dissenting. Council Member Millis stated he is:concerned that this will
be the water supply the City will grow"on. Mayor Pope agreed that
supplemental water is essential.
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REQUEST FOR ENCROACHMENT PERMIT FOR -.PRIVATE USE OF PUBLIC RIGHT OF WAY
FOR PARKING LOT PURPOSES (R.L.V. ASSOCIATES, INC.)
Public Works Director Karp stated that staff is requesting Council
to conceptually. approve issuance of an encroachment p~rmit or initiate
abandonment procedures to Rudy L. Veland for use of excess public right
of way to facilitate construction of a.parking lot adjace~t to El Camino
Real. Mr. Veland owns an odd shape lot which fronts on El Camino Real
near the Barnett intersection. He.has provided a design for construction
of the necessary street impr9vements. The ~lighment of street improvements
is somewhat controlled by existing curb and gutter along Barnett Street and
El Camino Real. He wishes to construct his proposed parking lot under an
encroachment permit or an abandonment parcel of right of' way. On motion
of Council Member Millis, seconded by Council" Member Vandeveer, it wa~
unanimously voted to approve the encroachment permit with the condition
that the applicant dedicate his portion of the lot to the City and the
City will abandon their portion of the right of way.
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CITY COUNCIL
ARROYO G~E, CALIFORNIA
MAY 26, 1981
PAGE FIVE
REQUEST APPROVAL OF LOT SPLITS
a) Lot Split Case No'. 81-346, AG Parcel Map No. 81~58 (Copitzke),
Canyon Way. i
.b) Lot'Split Case No. 80-345, AG Parcel Map No. 81~59 (Meyers),
Canyon Way. , Co~ncil Member Millis asked if these lot splits have been
properly advert1sed for public hearing. Public Works Director Karp
stated that ~hese lot splits were approved by the Planning Commission before
th~ Council's i~pl~men:atio~ ~f the'public hearing procedure. City Attorney
Sh1psey stat~d 1t 1S h1S op1n1on that these items should be returned to the
p~anning Co~i~sionfor the public hearing procedure to be in keeping
w1th t~e dec1~10n of the State Attorney General that all lot splits have
a p~llc.hea~lng. ,Leon Meyers, 856 Pearl, spoke regarding his lot split
appl1cat1on and obJected to the delay of returning' to the Planning Commission.
On motion of Council Member Smith, seconded by' Council Member Millis, it
was passed to resubmit both lot split cases to the Planning Commission
for a public I'hearing and in conformance with the opinion' of the Attorney
General. Council Member Hogan dissented.
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REQUEST APPROVAL OF PARCEL MAP AG 80-140 (BRISCO) HILLCREST/EL CAMINO REAL
Public Works Director Karp stated that the subject' parcel is
located southerly of El Camino Real, easterly of Hillcrest Drive; and
northerly of ,the City's reservoir site, adjacent to the subdivision on
Montego Stre~t; The..lot split was approved by the County of 'San Luis Obispo
on November 5, 1980~ He recommended approval subject to the following
conditions:
1) That. Parcel Map.AG 80~140' is consistent with City Zoning;
2) That the map conforms with the tentative map conditionally' approved
by the County Subdivision Review Board.
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On motion of Council Member Vandeveer, seconded by Council Member Hogan,
it was passed:.to approve Parcel Map AG 80-140 'subject to the conditions
stated by Mr. "Karp. Council Member Smith dissented.
REQUEST PROGRESS PAYMENT ON CANYON WAY ASSESSMENT DISTRICT (C. PRATT)
Public Works Director Karp stated that progress payment no. 2
is now due to; Pratt Construction for the Canyon Way Assessment District
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in the amount"of $35,036.52 and recommended that it be paid. On motion of
Council Member Vandeveer, seconded by Council Member Smith, it was passed
to make progress payment no. 2 to Pratt Construction in the amount of'
$35,036.52.. Council Member Hogan dissented.
RECEIPT OF BIDS RE: FURNISH AND INSTALL STREET PAVING, VARIOUS CITY STREETS
Public Works Director Karp reported that bids were opened on
May 21, 1981 for this project. Six bids were received ranging from
$20,877.50 to ',$23,575.93. The low bid was submitted by Sully-Miller of
Grover City a~d he recommended project 90-81-1 be awarded to SUlly-Miller.
On motion of Council Member Smith, seconded by Council Member Hogan, it
was unanimously voted to award the paving project 90-80~1 for Ide .and
Garden Streets to Sully-Miller in the~amount of $20,877.50.
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ORAL REPORT BY PUBLIC WORKS DIRECTOR RE: REQUEST OF FILER REALTORS, RE:
CITY WATER ORDINANCE CHANGE TO INCLUDE CONDOMINIUMS OR PLANNED UNITS IN
THE WORDING OB THE ORDINANCE
Public Works Director Karp stated that he and Attorney Shipsey
have discussed the proposed change to the ordinance and are of the opinion
that it would :not be feasible and the applicant has been so informed.
Mr. Fuller, Filer Realtors, stated that he is.snot yet in receipt of the
case law referred to him by Mr. Shipsey which prohibits the adoption of
the proposed oFdinance, however, he further stated that other cities are
adopting such ordinances. Mayor Pope stated that this item will be a
non-reoccuring item until further information is submitted to Council.
496
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
MAY 26, 1981
PAGE SIX
REQUEST COUNCIL ADOPT RESOLUTION COMMENDING RI~ARDO J: CASTRO .
Mayor Pope requested that Council cons1der thlS r~S?lutlon an
emergency item as it was not listed on the agenda. Caunell concurred.
Attorney Shipsey read the resolution in its entirety.
RESOLUTION NO. 1475
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE COMMENDING RICARDO J; CASTRO
FOR HIS SERVICE TO THE CITY OF ARROYO GRANDE
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On motion of Council Member Vandeveer, seconded by Council Member
Hogan," and" on the following roll call vote, to" wit:
AYES:
NOES:
ABSENT:
Council Meinbers Smith, Hogan, Millis", Vandeveer, and Mayor Pope
None
None
the foregoing Resolution was "passed and adopted this 26th day of" May, 1981.
WRITTEN COMMUNICATIONS
Administrator Sheldon presented a current League of California
Cities Bulletin.
ORAL COMMUNICATIONS
Administrator Sheldon reported regarding Mrs. Barbara Badasci's
request for a refund of" her building permit for 1245 Poplar. He stated
that according to past minutes and memos from Mr. Castro that it was
found that Mrs. Badasci was properly charged. Council Member Hogan
stated that it was his understanding that she was over charged. It was the
consensus of Council that Mr. Sheldon and Mr. Hogan meet with Mrs. Badasci
to resolve the question. Council" Member Smith reported that she has
attended a meeting of the Parking and Business Improvement District
and she listed certain items that the District wishes to discuss with
Council.
ADJOURNMENT
On motion of Council Member Vandeveer, seconded by Council Member
Hogan, it was unanimously voted to adjourn at 9:45 P.M. to a special meeting
with the Parks and Recreation Commission on June 1, 1981 at 7:30 P.M.
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DEPUTY TY CLERK
'2<J/df!(
MAYOR
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