Minutes 1978-04-25
006
:~.".
..;~:,;
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
APRIL 25, 1978
The City Council met in regular session with Mayor Mark Millis presiding.
Upon roll call, Counc11 Members Hugh Pope, Jr., Gabe de Leon and B'Ann Smith
reported present. Council Member Matthew Gallagher, Jr., is absent.
PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Millis led the Pledge of Allegiance to our Flag. Reverend Rod
Ritchie, of the Church of God in Grover City, delivered the invocation.
APPROVAL OF MINUTES
On motion of Councilman de Leon, seconded by Co~ncilwoman Smith and
unanimously carried, the minutes for the regular meeting of April 11, 1978,
were approved as prepared.
~
APPROVAL OF WARRANTS
On motion .of Councilman de Leon, seconded by Councilwoman Smith and
unanimously carried, Demand Warrants No. 8353 through No. 8443, in the total
amount of $133,308.73 (which includes $54,000+ for the purchase of SCAT buses);
and Payroll Warrants No. 11307 through No. 11396, in the total amount of
$64,050.01, were approved and ordered paid.
PROCLAMATION - WEEK OF MAY 1ST AS "YOUTH WEEK"
Mayor Millis proclaimed the 1st week in Mayas "Youth Week" in the City
of Arroyo Grande, as requested by the Elks.
PROCLAMATION - MAY 19TH AND 20TH AS "POppy DAYS"
Mayor Millis proclaimed May 19th and 20th, 1978, as "Poppy Days" in the
City of Arroyo Grande, as requested by the V.F.W., and he urged citizens to buy
the poppies in support of this.
PROCLAMATION - "CALIFORNIA CONSERVATION DAY" - APRIL 28, 1978
Mayor Millis proclaimed April 28,1978, as "California Conservation Day"
in the City of Arroyo Grande, as requested by the California Conservation Corps.
Administrator Butch reported that the Corps has asked the City to partici-
pate in tree planting to take place on April 28th at Strother Park along with a
dedication. Friends and relatives of Nancy Conrow have contributed funds for
trees to be planted in an area of Strother Park, which the Administrator pointed
out on a plot map of the park. An area around the children's playground will be
planted with trees in memory of Angela Karp, from contributions received fo.r this.
APPEAL RE. DENIAL OF FEE EXEMPT BUSINESS LICENSE (PETERS) - DENIAL REVERSED
Administrator Butch reviewed that on February14,1978, the Counc.:.l had
denied the request of Glenn Peters for a fee exempt business license for the
Small Fry School Supply, which is part of the Youth Potential Development.
Association, a non-profit organization. Denial had been based on the lack.of
response from Mr. Peters to requests by the City for addit.ional information to
confirm the non-profit status of the business.
Mr. Peters has now submitted all informat10n requested, confirming the
non-profit stand1ng of the school supply business and appealing the City's
denial of the fee exempt license for said business. He apologized for the
delays in submitting the information, which was caused because of a move in
locations of the Peter Pan Pre-School/Small Fry School Supply.
After Council discussion, a motion was made by Councilm~~ de Leon,
seconded by Councilman Pope and unanimously carried, granting a fee exempt
business license to Small Fry School Supply, as requested by Glenn Petersc
~
SET MEETING TO STUDY PROPOSED SPORTS COMPLEX PLANS FROM SPORT ASSOC.: 5/ 10/78
The Council read a letter from Gee Gee Soto, representing nume.rous
sports associations in the area, requesting the Council to allot time to study
an idea the Sports Association has come up with for an over-all sports complex
on the City's property on Ash at Elm Street. The Council generally agreed that
a study session, separate from a regular Council meeting, might be good for this,
with the Parks and Recreation Commission to also be in attendanc'e~ The Council
set Wednesday, May 10, 1978 at 7:30 P.M. for the meeting, to be held in the
Council Chambers.
f
n
n
I
r.!07l
'I: '
CITY COUNCIL
ARROYO GRANBE, CALIFORNIA
APRIL 25, 1978
PAGE 2
INVITATION TO SECOND ANNUAL
The Council received
Senior Citizens Area Agency
Aging and Public Policy, to
SEMINAR ON AGING, MAY 9, 1978, SANTA BARBARA
an invitation from the Tri-County Commission for
on Aging, to attend the Second Annual Seminar on
be held in Santa Barbara on May 9, 1978.
LETTER OF CONCERN RE. FUNDING OF TALLY HO RD. DRAINAGE PROBLEM CORRECTIONS(DAVID)
The Council read a letter from Andrew David, 227 Branch Street, who
stated his concern about a rumor that the City intends to correct the Tally Ho
drainage problems by using general tax revenues. He objects strongly to use of
said funds for this, unless private property problems of other residents in the
City will also be corrected using general funds. Mr. David was present and
amplified further on his letter.
Council discussion fo~lowed, with CO'Jncilman Pope stat~ng that the people
on Tally Ho realize they have to share in the costs. Mayor M~llis olarified
that he had made the statement that there is a severe flooding problem which
needs to be corrected, but he did not spell cut how it would be done. The City
Staff had been asked to look into it, after which an engineering firm was hired
to make a full study of the best way to solve the problem. Councilman de Leon
felt the only way to go ~s an assessment district, unless grants are available.
NOTICE OF QUARTERLY MEETING OF CHANNEL COUNTIES' DIVISION OF THE LEAGUE
The Council received notice of the quarterly meeting of the Channel
Counties Division of the League of California Cities, to be held on May 5,
1978 in Santa Barbara.
REQUEST FOR SUPPORT OF MORAL PUBLIC NUISANCE ABATEMENT INITIATIVE - NO ACTION
The Council read a letter and related information from Attorney James
Clancy of Glendale, requesting support for placement of an initiative measure
on the November, 1978 ballot, entitled "Abatement of Moral Public Nuisances
Law"~
Mayor Millis reviewed that Council policy in the past has been to not
take a stand on issues until they have qualified for the ballot, pro and con
arguments have been rev~ewed fully, and the measure affects the City, The
Council took no action on this mat~er.
PROCLAMATION - "SYMPHONY' WEEK" - MAY 7TH THROUGH ',3TH, 1978
Mayor Millis proclaimed the week of May 7th through 13th, 1978, as
"Symphony Week" in the City of Arroyo Grande, as requested by the County
Symphony Association.
PROCLAMATION - "SOIL STEWARDSHIP WEEK" - APRIL 30TH,THROUGH MAY 7TH, 1978
Mayor Millis proclaimed the week of April 30th through May 7th, 1978, as
"Soil Stewardship Week" in the City of Arroyo Grande, as requested by the Arroyo
Grande Resource Conservation District.
ADOPT ORDINANCE ESTABLISHING BUILDING SURCHARGE FEE ON ALL NEW CONSTRUCTION
Bri af discussicn was" heid' by the Council ,~egard~ng the bufItl1ng' SUL~
charge ordinance. Councilman Pope felt wording should be added that funds
collected under this new Q!'dinance be "for expansion of existing C~ty buildings"
to clarify use of the funds. Mayor Millis felt this would be too ccnfining.
City Attorney Shipsey then read the title of an ordinance amending the
Municipal Code by adding provisions for the collection of a surcharge on new
construc~ion. A motion was made by Counci~an de Leon, seconded by Councilwoman
Smith and unanimously carried, to d~spense with reading the balance of this
Ordinance.
ORDINANCE NO. 178 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING
THE ARROYO GRANBE MUNICIPAL CODE BY ADDING ARTICLE 5
TO CHAPTER 3 OF TITLE 3 OF THE ARROYO GRANDE MUNICIPAL
CODE PROVIDING F'OR A LICENSE TO TAX UPON CONSTRUCTION
OF RESIDENTIAL DWELLING UNITS, MOBILEHOME LOTS AND
COMMERCIAL BUILDINGS,
On motion of Council Member de Leon, seconded by Council Member Smith
and on the following roll call vote, to wit,
AYES,
NOES:
ABSENT:
Council Member's de Leon, Smith and Mayor Millis
Council Member Pope
Council Member Gallagher
the foregoing Ordinance was passed and adopted this 25th day of April, 1978.
.
008
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
APRIL 25, ": 978
PAGE 3
DISCUSSION RE. EL CAMINO REAL ANNEX. NO. 1 - . APPEAL LAFCO DECISION
Administrator Butch again reviewed what had been reported at the Council's
last meeting in reference to the public hearing held by the Local Agency-Formation
Commission (LAFCO) on the proposedEl' Camino Real Annexation No.1, and that
Commission's directive. He recommended that the Council appeal LAFCO'S decision
to approve,the annexation .subject- to an election by voters in the subject area
only. He indicated that the City's services to the area where not adequately
presented and there was some misinformation regarding previous attempts tc annex
this area.
Fire Chief Marsalek was present and clarified that his Department responds
to that area only after the California Forestry Department (CDF) from Nipomo has
arrived on the scene first and then requests mutual ai,d from this City. If City
property is in, danger, then the City may be first on the scene, but in most
instances not~ He reviewed the differences in ~esponse time to the Brisco area by
CDF and the City Fire Department, and difference in fire insurance premiums the
response times make. He explained that medical aid is included to that area and
other areas outside of the City Limits.
Various'residents of the subject a.rea were present and voiced their
opposition to the annexation and indicated strong feelings that they should
have a voice in whether the area is annexed or not. Judy Tappan of Chilton Road
p01nted out that a petition with 82 signatures ,had been presented to LAFCO
opposing the annexation.
The Council discussed the matter at length, with Council Members de Leon
and Smith generally agreeing that the LAFCO decision be appealed to allow all
information-from the City 'to be presented. Council Member Pope felt that the
people in the subject area should either present a petit10n showing their desire
to annex, or be allowed to vote on the matter. Administ2'ator Butch stated that
if LAFCO allows the appeal, their public hearing would be reopened to allow the
submission of additional information., Mayor Millis suggested that a letter be
sent to all residents-in the area proposed for annexation, informing them of the
benefits and services the City could give theme
After Council discussion, a motion was made by Councilman de Leon,
seconded by Councilwoman Smith and ,unanimously carried, appealing the decision
of LAFCO on the El Camino Real Annexation No.1.
REPORT RE. BONITA HOMES ANNEXATION TO GROVER CUY (GHORMLEY) - HELD OVER
Administrator Butch requested, and the Council agreed, to hold over dis-
cussion of the proposed annexation on The Pike of Bonita Homes to Grover City,
pending a report on, the matter from City Staff.
APPOINTMENT TO DOWNTOWN PARKING ADVISORY BOARD - HUGHES
Mayor Millis nominated Ira.Hughes, of Ira's Bike Shop in Arroyo Grande,
to fill' the vacancy on the Downtown Parking Advisory Board. The nomination was
seconded by Councilman de Leon and unanimously carried, making said appointment,
FURTHER DISCUSSION RE. USE OF POLICE HOLDING CELLS BY COUNTY
The Council reviewed a report from PoliceChiet Clark in regard to the
request by the County to use the Police Department's holding cells co temporarily
detain juven1les until they can be transported to Santa Barbara. His report
outlined the additional responsibilities and time this would requ1re of his
personnel. No offer of compensation to the City for these services had been
made by the County.
The Council discussed the proposal, being generally apprehensive about
it and finally agreeing that the decision be made by the Police Chief whether
or not he wishes to become involved in the requested services, and if so, that
he. prepa~e the criteria fOl:' an agreemente -.-.-
PROGRESS REPORT - SELF-INSURANCE OF'LIABILITY COVERAGE
Administrator Butch gave a progress report on the proposed Central Coast
Self-Insurance Fund Joint Powers Agreement for liability insurance. He stated
that it is hoped the agreement will be ready to go in effect on July 1, 1978.
The current premium rate will probably be reta1ned, but the coverage will
increase from 2 to 5 million dollars and the deduotible w111 decrease from
$1500 to S1000.
~
~
~
'-
ri
~
\)09 l
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
APRIL 25, 1978
PAGE 4
NOTICE RE. PUBLIC HEARING - APPEAL RE. DENIAL OF PREZONING ON HUASNA(WELLS)-5/9/78
The Council received notice that a public hearing has been set for 8,00 P.M.
on May 9, 1978, to consider the appeal of L.B. Wells of the Planning Commission's
denial of his request for prezoning of property on Huasna Road just outside the
northeasterly City Limits.
REVIEW OF PLANNING CCMMISSION'S RECOMMENDATIONS RE. SAN LUIS BAY PLANNING AREA
Planning Director Castro reviewed with the Council his report dated April
19, 1978 regarding the Planning Commission's recommendations regarding the San
Luis Bay Planning Area which is a portion of the proposed Land Use Element of
the County General Plan. A Land Use Map was also reviewed, showing boundaries
proposed as the City's possible service areas in the future, which include 371
acres not presently within the City's limits and deannexation of 26 acres along
Printz Road. Also reviewed were a list of recommended changes by Planning Staff
in the San Luis Bay Plan document.
The Council and persons present in the audience discussed and commented
on the plan. In reply to Mayor Millis' concern that the Rancho Grande area being
shown in the City might prejudice LAFCO, Planning Director Castro stated this is
just a guideline for the next ten years to show what the City feels it could
reasonably service. After further Council discussion, general consensus was that
no action would be taken on the plan at this time, to enable the Council additional
time to study if fully.
RECOMMENDATION FROM PLANNING CCMMISSION RE. TREE ORDINANCE
Planning Director Castro reviewed with the Council his report dated
April 17, 1978 regarding the Planning Commission's consideration of a new tree
erd1nance. The Commission had felt the current ordinance to be adequate. Since
that meeting, a petition bearing 7 signatures had been submitted to the Planning
Commission urging the adoption of a tree and site preparation ordinance to
protect trees en private properties. The Council had also received copies of
the City of San Luis Obispo's tree ordinance which was reviewed. In view of
the petition received, the matter will be reviewed further by the Planning
Commission.
RECEIPT OF QUARTERLY REPORT - COUNTY AIR POLLUTION CONTROL DISTRICT
The Council received copies of the quarterly report of the County of
San Luis Obispo Air Pollution Control District, which was reviewed and ordered
filed.
PROGRESS REPORT - SOUTH COUNTY AREA TRANSIT (SCAT)
Administrator Butch stated that at the next meeting of the South County
Area Transit Committee, the final details will be worked out for the transit
system.
CLAIM AGAINST CITY BY BAXTER - DENIED
On motion of Councilman de Leon, seconded by Councilwoman Smith and
unanimously carried, the claim of Mr. and Mrs. W. H. Baxter against the City
was denied, as recommended by the city's insurance carriero
AUTHORIZE COUNTY-WIDE MUTUAL AID FIRE AGREEMENT
The Council reviewed a recommendation from Fire Chief Marsalek, that the
City enter into a San Luis Obispo County-Wide Fire Protection and Fire Fighting
Mutual Aid Agreement. The agreement allows better coordination of mutual fire
protection in the event of fire di.sasters, such as recently occured in Santa
Barbara.
After Council discussion, a motion was made by Councilman Popej
seconded by Councilman de Leon and unanimously carried, authorizing the Mayor
and City Clerk to sign, on behalf of the City, the San Luis Obispo county-
Wide Fire Protection and Fire Fighting Mutual Aid Agreement.
REVIEW OF LATEST LEGISLATIVE BULLETINS FROM LEAGUE OF CALIF. CITIES
The Council received, reviewed and ordered filed the l"test Legislative
Bulletins from the League of California Cities. An analysis prepared by Admini-
strative Intern Mark Dugle,of SB 1 (Behr). was also reviewed. The Council also
briefly discussed the following pending bills: AB 2744 regarding labor relations
and agency shop; and AB2659, compulsory and binding arbitration. The Council
declined to take action on any of the bills~
010
CITY' COUNCIL
ARROYO GRANDE, CALIFORNIA
APRlL 25,1978
PAGE 5
REQUES~ FOR SUPPORT OF AMENDMENTS TO CETA REAUTHORIZATION
The Council reviewed a report from the California Employment and Training
Advisory Council regarding reauthorization of the Comprehensive Employment and
Training Act of 1973 (CETA) and pending legislation which would make amendments
to the program by making it less flexible and taking away local controlso After
Council discussion, general consensus was that the Council opposes any changes in
the program which would take away local control regarding CETA administrationo
NOTICE OF PUBLIC HEAR1:NG BY AREA COUNCIL RE, UNMET PUBLIC TRANSPORTATION NEEDS
The Council received notice that the San Luis Obispo County Area Council
of Governments will hold a public hearing on May 4, 1978 at 1,30 PoMo on the
question as to whether there are unmet public tram;portation needs in the County 0
u
PROGRESS REPORTS: FIRE STATIONl COMMUNITY BLDGo 1 STROTHER PARK
Administ:rator But.ch gave progress reports on various City projects, as
follows:
a) Several- sites are being reviewed f:o,!' possi.ble fire station locations;:
b) Reviewed with the Council the preliminary expansion plans of the
Community Building. Mayor Millis questioned whether there would be a duplica-
tion in having the expanded Community Building and the planned County facilitieso
Administrator Butch stated his u.~derstanding that the County facilities' would be
geared more fo.<' Senior 'Citizenswhereas the Ccmmunity Building is available to
all groups and ageso Councilman Pope related criticism that has been conveyed
to him regarding the parki.ng lot at the Community Building, stating that it is
apparently difficult for some of the older people to walk up the grade from the
parking area to the building.
(c) The plans and specifications for the fi.rst phase of the Strother-
Community Park have been completed anel forwarded to the State for approval, as
required due to grant funds being involved. When the approved plans are
returned from the state, a call for bids will be madeo
REPORT - RECENT ZONE 3 ADVISORY BOARD MEETING - MILLIS
May".:r' Millis reported on the April 20, 1978 meeting of the Zone 3
Advisory Board. The regular monthly reports from the Recreation Area and
Treatment Plant were heard. Visitors and revenue at the lake were up in
Mar'ch due to the Easter vacati.on week.. S.o fa:r ~ the cu:n:."ent rain season is
the second wettest on record. A proposed bond sale for purchase of the
Recreational Area by the County seems to have di.ed after a report on the matter
was heard from the County Counsel's Officeo
APPROVE PARCEL MAP AG-AL-78-.07, HILLCREST DRIVE (CHRlSTIAN)
... ..City Engineer Karp reviewed with the Council a copy of Parcel Map AG-AL-
87-07, reflecting a lot split (Case No. 77.-274) to make a lot line. adjustment
on: prop:Srty located between Hillcrest and Sie.teta Drives. The adjustment erases
a flag access from Parcel 1 to Sierra Driveo
.. .ALter Council. discuS',:!:',1:m>> a motion VNas made by Councilman Pope, seconded
by Councilman de Leon ~nd unanimously carded, finding that Parcel Map AG-AL-
78-'07 is consistent with the. City's General Plan and Zoning, and approving
said mapo
u
APPROVE PARCEL MAP 78-461 (LA VTNE)- HELD OVER
~. App."!oval of Parcel Map No ~ '18 -461 {LaVine} j was held over as it is not
ready yeto
PROGRESS REPORT - TALLY HO DRAINAGE STUDY
City Engineer Karp reported that the T~lly Ho Drainage Study by Garing,
Taylor & Associates should be ready in two weeke, as the study is past the data
gathering stage, with w.ritB ups being made and plans being drawn. Various ways
of ftinding the drainage soluti.on are being invsscfgated as welL
F.ive Citi'BS Times-Press-Reco,rder reporter Dennis Baughman questioned the
manner of financing the Tally Ho Study. City Engineer Karp stated that. it
remains tc be seen whethec the City will be reimbursed for these costs.
r
I
'\ '
n"1 1
L'....:........
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
APRIL 25, 1978
PAGE 6
REQUEST FOR SUPPORT OF MORAL PUBLIC NUISANCE ABATEMENT INITIATIVE - LORENZ
Reverend Larry Lorenz of Arroyo Grande urged the Council to support the
Moral Public Nuisance Abatement Initiative proposal, considered earlier in the
Agenda. Jim Fortson of Arroyc Grande urged the Council to adopt an Anti-Porno-
graphy Ordinance similar to the one just adopted by the City of Pismo Beach, He
stated his feeling that Attorney Clancy of Glendale would be most cooperative in
sending samples of the nuisance ordinance to the City upon its requesto
Councilman de Leon requested that the matter of considering an anti-
pornography ordinance be placed on the Council's next agenda,
REQUEST FOR PROGRESS REPORT ON COUNTY'S REGIONAL CENTER - MILLIS
Mayor Millis requested that the Council's next regular agenda include a
progress report on the County's Regional Center, to be located in the City
between the Community Building and St. Patrick's School.
REQUEST FOR EXPERIMENTATION WITH "CONSENT" AGENDA - MILLIS
Mayor Millis requested the Council's permission to allow the Administr'ator
to experiment with a consent agenda for routine items at the Council's next
regular meeting. He explained that a consent agenda would include routine items
(such as letters of thanks, notices of meetings, etc. which do not require
Council action) which would be lumped together and acknowledged by the Council
at one time instead of being reviewed item by item. Any item within the consent
agenda may be ,removed therefrom for discussion by anyone of the Council Members
if they so wish. The Council gave its approval to give this proposal a try.
ADJOURNMENT
On motion of Councilman de Leon, seconded by Councilwoman Smith and
unanimously carried, the meeting adjourned at 9:43 P.M. until 1:30 P.Mo on
Saturday, May 6, 19780
ATTEST:~~/ .2 .ddCar;,r-n
CITY CLERK