Minutes 1976-06-08 CITY COUNCIL JUNE 7, 1976
ARRC~YC,? GRANI)Ea CALIFORNIA 4:30 P.M.
The City Council met in regular adjourned meeting with Mayor de Leon presiding.
Upon roll call, Gouncil Members Spierling, Gallagher, Sch~egel and Millis reported
present. -
BUDGET STUDY SESSION
The Council continued and completed study of the Preliminary Budget for the
1976-77 fiscal year, beginning with Page 17 through the end.
ADJOURNMENT
On motion of Councilman Spierling, seconded by Councilman Gallagher and
unanimously carried, the meeting adjourned at 6:20 P.M.
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ATTEST: r G%~~ t"J~-~-
DEPUTY CITY CLERK MAYOR
CITY COUNCIL JUNE 8, 1976
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session with r9ayor Gabe de Leon presiding.
Upon roll call, Council Members Al Spierling, Matt Gallagher, Jr., Cal 5chlegel and
P~iark Millis reported present.
PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor de Leon led the Pledge of A1legiance to our Flag; and immediately
thereafter, Reverend Durham of the First Southern Baptist Church in Grover City,
delivered the invocation.
APPROVAL OF MINUTES
The minutes for the regular meeting of May 25, 1976 and regular adjourned
meetings of May 24th and June 1st, 1976, were approved as prepared.
APPROVAL OF WARRANTS
On motion of Councilman Spierling, secorided by Cbuncilman Gallagher and
unanimously carried, General Warrants No. 4798 through No. 5022, in the total amount
of $8,273.48; and Payroll Warrants No. 6571 through No. 6650, in the total amount of
$26,364.85, were approved and ordered paid. -
PRESENTAT20N RE. SOUTH COUNTY REGIONI~L GOVERNMENT CENTER - DODSON
Bruce Dodson, of the Architecture & Planning firm of Stuhry Dodson, Ward &
Foster, who are consultants for the County on the site selection of a new Government
Center in South County, presented the firm's findings on possible sites. He detailed,
with the aid of diagrams and slides, the criteria used in finding a site and the various
sites considered. Also reviewed were the proposed facility's components, which
includes a library, citizens' center, school district's offices. and a South County
Senior Citizens' Center.
Supervisor Mankins was also present and gave a progress report of the project
to date, stating a firm appraisal is being obtained for the preferred location (Site
"D" south of Oak Park Boulevard and east of Highway 101). Also, a consultant has
been authorized to go ahead with a schematic plotting for the Oak Park site.
The Council discussed the proposal with Mr. Dodson and Supervisor Mankins,,
with the Council making no commitment pro or con for the proposal or proposed site.
CONTINUATION OF PUBLIC HEARING - APPEAL OF REZONE #76-95 DENIAL, FAIR OAKS AVE.(MIYAKE)-
FIRST READING OR ORDINANCE TO REZONE FROM "R-A-B-3" TO "R-1"
Administrator Butch briefly reviewed the background of this appeal from the
Planning Commission's denial of Rezone Case No. 76-95 and continuation of the publie
hearing from the Council's last regular meeting.
Mayor de Leon declared that all persons would now be heard for or against the"
denial of this rezoning case. The following persons were present and spoke in favor
of granting the rezone request: Ronald Bennett of Benstock, Inc., representing rezone
applicant George Miyake; Fred Strong, representing South County Citizens for Environ-
rnental Balance and Economic Stability; George Miyake, Jr., Howard Sawada and George
PRiyake, applicant for the rezoning, 7651 Cerritos, Stanton; Samuel R. Peterson,
architect of Benstock, Inc.; A1 Browne, 327 Corona Del Terra; and Addison Wood, 1133
Maple; and Wallis Hellmuth, Los Berros Road.
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CITY COUNCIL JUNE 8, 1976
ARROYp GRANDE, CALIFORNIA PAGE 2
The following persons were present and spoke in opposition of the
rezoning: John Gisclon, 421 Woodland; Bernie and Ann Marquis, 411 Woodland; Tom
Runels, 586 Valley Raad; Mrs. Simmons, 150 Tally Ho; Elizabeth Jackson, 208 Fair
View; Madeline Steele, 1598 Hillcrest; Chuck Fellows,240 Tally Ho; Bi11 McCann,
428 Tanner Lane;:Mrs,, Honeycutt, 560 Oak Park; and Mr. Liebzeit, 410 Woodland.
The following per~ons were present and spoke on the matter: C. Dean
Piper, Ph.D., from the Soil Science Department at Ca1 Po1y, reviewed his soil
evaluation of the subject p~Qperty, stating it is Class T22; Jean Bayer, 1141 Linda,
questioned Dr. Piper on the Class i~T designation; and Don Boggess, 1590 Sierra,
questioned Dr. Piper regarding the Grade 3 designatiQn.
There being no further public discussion on this matter, Mayor de Leon
declared the hearing cl~sed. After Council discussion, a motion was made by
Councilman Spierling, seconded by Councilman Schlegel and carried, that the Negative
Declaration for Rezone Case No. 76-95 has been considered by the Council. After
further Council discussion, a motion was made by Councilman Schlegel, seconded by
Councilman Spierling and carried, on the following ~oll call vote to wit:
AYES: Councilmen Spierling, Schlegel and Mayor de Leon
NOES: Councilmen Gallagher and Millis
ASSENT: None
that the proposed rezoning of Rezone Case No. 76-95, from "R-A-B-3" to "R-1" , is
consistent with the General Plan of the City. City Attorney Shipsey then read, for
its first reading, the title of an Ordinance amending the Zoning Map so as to rezone
from "R-Z-1-B-3" to "R-1'", certain property in the City; thereafter, a motion was made
by Councilman Schlegel, seconded by Councilman Spierling and unanimously-carried, to
dispense with reading the balance of this ordinance. Councilman Millis asked the
record to show that he intends to vote against this rezoning case on the second
reading.
MAYQR DE LEQN DECLARED A RE~ESS AT 10:00 P.M.
The meeting reconvened at 10:05 P.M, with all Council i'~embers present as
shown on roll cal L
REQUEST FROM COMN~TTTEE FOR SUPPORT OF LAY JUDGES IN JUSTICE COURTS - NO ACTION
The Council read a resolution from the Citizens Committee for Better
Government in Dunsmuir, California, urging support of the retention of lay judges
in California Justice Cau~ts. The Council agreed that as this County has a Mur~icipal
Court System, this matter does not ~pply to the City.
AUTHORIZE FEE EXEMPT LTCENSES FOR F2REW~RKS SALES - VARIOUS SERVICE ORGANIZATIONS
On motion of Councilman Millis, ~econded by Councilman Spierling and unani-
mously carried, authorization was given that fee exempt business licenses be issued
for fireworks sales from June 26th through Ju1y 6th, 1976, to the following organi-
zations: Internation~,l Order of Rainbow Gir1s, Assembly No. 100, at 1650 Grand Ave.;
The American Legion, Arroyo Grande Post 136, at 1068 Grand and 300 E. Branch; Youth
Potential Development Association, at Oak Park and Highway 101; Five Cities Jaycees,
at Williams Bros. Shopping Center; and the Arroyo Grande Valley Babe Ruth League, at
the Giant Food Store and Tntilliams Bros, parking lots.
REQUEST E'~R BUDGET CONSTDERATIpN -,FIVE CITIES MEALS ON WHEELS
The Council ~eviewed a le tter ~rom the Five Cities Meals on Wheels, Inc.,
requesting funding from the City's 1976-77 budget to support this non-profit program.
The Council agreed that funding did not look favorable in the next fiscal year's
budget, but will consider this request during a future study session regarding
participation in social welfare programs by the City.
RESPONSE TO COMPLAINT BY CITY AGAINST MIGROWAVE TRANSMISSION CORP. - FCC
The Council reviewed a letter from the Federal Com¢nunications Commission in
response to an informal complaint filed with them by the City against INIicrowave
Transmission Corp. because of poor reception being xeceived by Cable TV subscribers.
The FCC stated that the City may now file a formal complaint. The Council agreed
not to pursue the matter at this time.
RECEIPT OF MONTHLY DEPARTMENTAL REFORT - MAY, 1976
The Council received, reviewed and ordered filed the monthly Departmental
Report for May, 1976.
REVIEW OF LEGISLATIVE BULLETINS FR~M LEAGUE OF CALIFORNIA CITIES
The Cour~cil reviewed the latest Legislative Bulletins f~om the League of
California Cities. Administrator Butch was authorized to notify Congressman
Lagomarsino of the City's support for the continuation of the federal Revenue
Sharing Program, and that it desires that no strings be attached to the spending
of said funds.
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C~TY CQUNCIL JUNE 8, 1976
ARROYO GRANDE, CALIFORNIA PAGE 3
COUNCILMAN MILLIS EXCUSED HIMSELF DUE TO A POSSIBLE CONFLICT QF INTEREST AND IS NOW
ABSENT.
MUNI. CODE AMEND. - ORD. ADOPT. - RUTH ANN WAY HEIGHT LIMITATION -"R-1" TO "R-1-D"
City Attorney Shipsey read the title of an ordinance amending the Zoning Map so
as to rezone from "R-1" to "R-1-D", certain property in the City; thereafter, a motion
was made by Councilman Schlegel, seconded by Councilman Spierling and unanimously
carried, to dispense with reading the balance of this ordinance.
ORDINANCE NO. 138 C.5.
AN DRDINANCE 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 PROPERTX IN THE CITY OF ARROYO GRANDE.
On motion of Councilman Schlegel, seconded by Councilman Spierling and on the
following roll call vote, to wit:
AYES: Councilmen Spierling, Gallagher, Schlegel and Mayor de Leon
NOES: None
ABSENT: Councilman Millis
the foregoing Ordinance was passed and adopted this 8th day of June, 1976.
COUNCILMAN MILLIS IS NOW PRESENT
PERSONAL INJURY CLAIM BY DOROTHY BARBOZA - DENIED
On motion of Councilman Millis, seconded by Councilman Spierling and
unanimously carried, the personal injury claim of Dorothy Barboza was denied, as
recommended by the City's insurance carrier.
APPOINTMENTS TO CITY COMMISSIONS - HELD OVER
Mayor de Leon advised that the terms of office for several commissioners on
various City commissions will be expiring June 30, 1976 and a vacancy exists on the
Planning Commission. The Council agreed to hold over appointment of commissioners
pending contact of commissioners for possible reappointment and if it can be
arranged, interviews of persons listed on the current list of Reservoir of Citizens.
RECEIPT OF RESOLUTION APPROVING OAK PARK ACRES REORGANIZATION - LAFCO
The Council reviewed a resolution from the Local Agency Formation Commis~ion,
approving the Oak Park Acres Reorganization. City Attorney Shipsey stated that the
City needs to take no further action on this, as the Board of Supervisors will take
any further action necessary to complete this matter.
NOTICE OF EMPLOYEES' MEDICAL INSURANCE RATE INCREASE - BLUE CROSS
The Council reviewed a notice from Blue Cross of Southern California, the
City employees' medical insurance carrier, of rate increases to be effective
July 1, 1976. The increase is in the employee-only cost, which is being raised
by $5.19 per month.
COUNCILMAN SPIERLING EXCUSED HIMSELF DUE TO A POSSIBLE CONFLICT OF INTEREST AND IS
NOW ABSENT.
APPROVE OPTIONAL DESIGN STANDARDS FOR TENTATIVE TRACT MAP NO. 599 {MILLER)
The Council reviewed a memorarzdum from Planning Director Gallop, stating
that the Planning Commission has recommended approval of the use of Optional Design
and Impravement Standards on Tentative Tract Map No. 599 by John Miller. City
Engineer Garcia explained the difference between density transfer and optional
design, as well as explaining the Tentative Map. After Council discussion, a motion
was made by Councilman Schlegel, seconded by Councilman Millis and unanimously
carried, approving the use of Optional Design and Improvement Standards for
Tentative Tract Map No. 599, as requested by John Miller.
COUNCILMAN SPIERLING IS NOW PRESENT
RECOP~IMENDATIONS OF CITIZEN5' ADVISORY C~MMITTEE ON CIVIC CENTER NEEDS STUDY
Administrator Butch reviewed the June 3rd meeting of the Citizens' Advisory
Committee on a Civic Center Needs Study. The Committee has requested that the City
strongly consider the purchase of property south of City Hall across the creek. The
Council authorized Administrator Butch to investigate the purchase of that property,
ascertaining what price the property owners are asking.
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CITY COUNCIL JUNE 8, 1976
ARROYO GRANDE, CALIFORNIA PAGE 4
TRANSFER OF ADMINISTI~ATION TO COUNTY OF AMBULANCE ORD_ - HELD OVER
City Attorney Shipsey requested, and the Council agreed, to hold over the
matter regarding an agreement to transfer to the County the administrative functions
of the ambulance ordinance for emergency medical response.
POLICY STATEMENT RE. AGRICULTURAL LAND IN CITY - HELD OVER FOR FURTHER STUDY
The Council reviewed a memorandum from the Planning Commission recommending
the Council adopt, by Resolution, a policy statement regarding preservation of
Agricultural Land in the City, as proposed by Councilman Spierling. Councilman
Spierling now explained his proposed policy statement, whieh the Council discussed
at length. The Council generally agreed to a suggestion that a simple policy state-
ment be made by the Council regarding preservation of agricultural land, rather
than a law. After further Council discussion, the City staff was instructed to
study this matter, including possible ramifications and legalities of same, and
submit recommendations to the Council.
ACCEPT DEEDS FOR EASEMENTS TN RUTH ANN WP,Y ASSES5MENT DISTRICT - PACE, ET AL
A motion was made by Councilman Spierling, seconded by Councilman Gallagher
and unanimously carried, authorizing the Mayor and City Clerk to sign Certificates
of Acceptance, on behalf of the City, for two Grant Deeds received from Vick Pace,
Roy Burke and Bonnie Burke, for roadway and utility easements in the Ruth Ann Way
Assessment District. Said deeds had been accepted by the City previously, but
because of incorrect notarization, new deeds had to be prepared.
REPORT - RECENT MEETING OF SOUTH COUNTY WATER ASSOCIATION - SPIERLING
Couneilman Spierling stated that the report entitled "Recent Changes in
Groundwater Law" submitted to the Council Members with their agenda packets,
covers completely the T~iay 27th meeting of the South San Luis Obispo County
Water Association.
RECENT MEETING OF S.L..O. COUNTY WATER RESOURCES ADVISORY COMMIT'P~E - NO REPORT
No report was given on the recent meeting of the San Luis Obispa County
Water Resources Advisory Committee, as no City representative had been able to
attend said meeting.
RECEIPT OF REPORT "WATER CONSERVATION IN CALIFORNIA" - DEPT. OF WATER RESOURCES
Administrator Butch advised that a very interesting report entitled "Water
Gonservation in California" has been received from the State Department o£ Water
Resources and is available at City Hall for review by interested citizens.
LETTERS OF REQUEST FOR WAIVER OF 5EWER HOOK-UP REQUIREMENT - STUDY SESSION: 6/14
The Council reviewed a report from Director of Public Works Anderson
regarding numerous requests being received from City property owners for waiver
consideration of the sewer hook-up requirement by October 24, 1976. The Council
agreed that a study session should be held on the matter, which was then set for
4:30 P.M. on June 14, 1976.
FINAL APPROVAL OF PARCEL MAP AG 76-7, PEARWOOD AVE. (LEMON)
City Engineer Garcia reviewed with the Council Parcel Map AG 76-7,
reflecting a lot split (Case No. 75-227) located westerly of Pearwood Avenue
and northerly of Rosewood Lane, requested by Richard Lemon. After Council discus-
sion, a motion was made by Councilman Spierling, seconded by Councilman Schlegel
and unanimously carried, approving Parcel Map AG 76-7, subject to tensioning the
fabric on the fence. Thereafter, a motion was made by Councilman Schlegel,
seconded by Councilman Gallagher and unanimously carried, finding Parcel Map
AG 76-7 to be consistent with the General Plan and City's zoning.
RESOL. ADOPT. - APPROVE AGREEMENT WITH STATE RE. BIKE ROUTE ON CROWN HILL - CAL TRANS
City Engineer Garcia reviewed that recently the City had been advised by
Cal Trans of the development of a bicycle lane around Crown Hill on Highway 227.
An agreement for this purpose has now been received from the Department of Trans-
portation (Ca1 Trans), He stated that the City would be required to move a water
meter in the area. The State's cost of the project is about $11,000 and the City's
share approximately $2,000. After Council discussion, Gity Attorney Shipsey read
the title of a resolutioz~ authorizing execution of a certain agreement; thereafter,
a motion was made by Councilman Schlegel, seconded by Councilman Gallagher and
unanimously carried, to dispense with reading the balance of this resolution.
RESOLUTION NO. 1222
A RESOLUTIOIV OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRP,NDE AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN
Z~GREEMENT WITH CAL TRANS FOR BIKE LANES.
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CITY COUNCIL JUNE 8, 1976
ARROYO GRANDE, CALIFORNIA PAGE 5
On motion of Councilman Spierling, seconded by Councilman Schlegel and on the
following roll call vote, to wit:
AYES: Councilmen Spierling, Gallagher, Schlegel, Millis and Mayor de Leon
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 8th day af June, 1976.
RESOL. ADOPTIONS - UNPAID ASSESSMENTS & CALL FOR BIDS ON BONDS - RUTH ANN WAY ASSMT.
The Council reviewed a report from City Engineer Garcia, reviewing the next
actions necessary in regard to the Ruth Ann Way Assessment District, which are the
determination of unpaid assessments and calling for bids on bonds, as the cash
redemption period for payment of bonds terminated May 28, 1976, with only one person
paying off his assessment in full. Bid opening for the bonds will be held on
June 22, 1976 in Los Angeles by Stone & Youngberg Municipal Financing Consultants.
After Council discussion, City Attorney Shipsey read the title of a
resolution determining unpaid assessments; thereafter, a motion was made by
Councilman Schlegel, seconded by Councilma:n Spierling and unanimously carried, to
dispense with reading the balance of this resolution.
RESOLUTION NO. 1223
A RESOLUTION OF THE CITY OF ARROYO GRANDE DETERMINING UNPAID
ASSESSMENTS AND IS5UING BONDS UNDER THE IMPROVEMENT BOND ACT
OF 1915.
On motion of Councilman Spierling, seconded by Councilman Gallagher and on the
following roll call vote, to wit:
AYES: Councilmen Spierling, Gallagher, Schlegel, Millis and Mayor de Leon
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 8th day of June, 1976:
City Attorney Shipsey then read the title of a resolution calling for bids on
bonds; thereafter, a motion was made by Councilman Schlegel, seconded by Councilman
Spierling and unanimously carried, to dispense with reading the balance of this
resolution.
RESOLUTION N0. 1223
A RESOLUTION OF THE CITY COUNCIL CALLING FOR BIDS ON BONDS TO
BE ISSUED TO REPRESENT UNPAID ASSESSMENTS UPON LANDS IN AN ASSESSMENT
DISTRICT. (ASSESSMENT DISTRICT NO. 74-1 RUTH ANN WAY)
On motion of Councilman Spierling, seconded by Councilman Gallagher and on
the following roll call vote, to wit:
AYES: Councilmen Spierling, Gallagher, Schlegel, Millis and Mayor de Leon
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 8th day of June, 1976.
ADJOURNMENT
On motion of Councilman Gallagher, seconded by Councilman Spierling and
unanimously carried, the meeting adjourned at 11:18 P.M. until 4:30 P.M. on
Monday, June 14, 1976.
ATTEST: ~ L~_~~ ~ ~
CTTY CL,~R't~ MAYOR