Minutes 1976-08-10 ~J2G S
CITY COUNCIL AUGUST 1U, 1976
ARROYO GRANDE~ CALIFORNI:A
The City Counc~l me~t in regu.laz~ session with Mayox° Gabe de Leon presiding.
Upon roll call, Council Membe~°s A1 Spierling, Matthew Gallagher, Jre, Calvin
Schlegel and Mark Millis reported present.
PLEDGE OF ALLEGIANC~ AND INVOCATZON
Mayor de Leon led the Pledge of Al.leg~.ance to our Flag; and iiranediately
thereafte~, Councilman Millis delivered the invocatian.
R~MEMBRANCE OF FRED DONOH00, FORMER MAYOR/COUNCILMAN OF MORRO BAY - 4/1900 to 8/_1976
Mayor de Leon paid tribute to F'red Donohoo, who has passed away Auguat 6,
1976. Mr. Donohoo had been Mayor and Councilm~?n in Morz°o $ay.
APPROVAL OF MINUTE3
The minutes of the regular ad~ourned meet~.ng of Julp 26th, and regular
meeting of July 27, 1976, were approved as prepared.
APPROVAL OF WAR,RANTS
On motinn of Councilman Gallagher, seeonded by Councilman Schlegel and
unanimously carried, General Warrante No. 5151 th~ouqh No. 5251, in the total
amount o~ $20,997.91j and 8ayro1l Wazrants N~. 7065 t~raugh No. 7178, in the
tot~l amou~t of $36,350.44, were approved and ordea~ed paid.
REQUEST.P`OR SIKE RACKS IN ~~LLAGE - REFERRED TO PARKING & TRAFF~C COMMISSION
Administrator Sutch read a letter from the A~royo Grande Village Merchant~
Association, requesting Council consideration for the placement of bicycle racks
in areas of the Village, particularly at the new ice cream parlor and the variety
store. After Council di~cus~ion, a motion was made by Councilman Gallagher,
seconded by Councilman Mill~.s and unanimously carried, referring the Village area
bicycle rack placement request to the Parking & Traffic Commission for its study
and rec~unendations v
RECEI t)~' CERTIFICATE OE° SUFF~C~ENCY - INITIATIVE PETITION FOR ORDINANCE
Q~fi TO "SAVE OUR PRIME AGRICULTURAL LAND°
T~ Council rece~.ved a Certificate of Sufficiency, dated August 3, 1976, as
signed by City Clerk del Campo, whick~ cert~.fied that she had checked the Initiative
Petition requesting th~t the City Council adopt an ordinance to ~ave prime agri-
cultural land in the City, or ~ul~mit the proposed ordinance to the City's voters.
The Ce~tification stated that to the best,of the City Clerk°s knowledge, the
Petition i~ signed by fifteen percent (15~) o~ the electors residing within the
City ~imit~ of Arroyo Grandem The Petition itself was presented to the Mayor in
a sealed manila envelope and remained unopened,
City Attorney Shi.p~ey gave his opinion on the Petition, stating he did not
feel it was something the City Council should take acition on, as far as placing it
on the ballot or adopting it. He felt the topic of ~he Initiative is a zoning
measure and as such is not subject to the Initiative processa He read Court cases
dealing with this par~icular topic and cited authorit~ss which stated that by
Initiative you would not enact a zoning ordinance ~the way the California Code
requires that it be enacted; that zoning matters must proceed undez° the laws
regarding planning and it has ~o b~ initiated in that mannero
Mayor de Leon stated he wished to take ten minutes to hear public input from
proponents and opponents, regarding the Initiative Petition. City Attorney Shipsey
first cited several cases which he felt supported his position, as follows:
Laguna Beach Taxpayers' Association vse City Council of Laguna Beach, 187 Cal App
2nd, Pg 412; R.S. Hurst vs. City of Burlingame, 207 California Reports Pg 134; and
a'1973 aase entitled Ivan M. Taschner vs. City Council of Laguna Beach, 31 Cal App
3rd, Pg 48 and 107 California Reporter, Pg 214. In answer to Councilman Nlillis'
question, City Attorney Shipsey replied in the affirmative that he does define
this Initiative as a zoning ordinance.
Mayor de Leon ~°epeated his intent to take ten minutes to let proponents and
opponents of the Initiative to speak. The following persons spoke: Fred Wolf, 540
Gaynfair, paralleled the subject ~nitiative to those whereby a group of citizens
initiate a p~°oposal for a new law in the Sta~e of California for Constitutional
Amendments. Attorney Shipsey stated that we have had ordinances initiated here
before, however, there are certain ~types of ordin~nces that are not ~ubject to the
initiative process, and zoning ordinances, to ~this point at least, are one of them.
Fred Wolf asked that for the record, th~ City Attorney for one, cite the section
which says that; and two, ex}71ain wY~a,t the proper way is far a group c>f citizens
to do thiso Attmrney Shipsey repeated the cases as cited above, which he felt deal
with this particular point of law. In answer ~o M~. Wolf's second question,
. .
~zus
C~TY CO[JNCIL AUGUST ~0, 1976
A~201'O GRP~NID~ ~ CAI~~E"OI2I~TIA PP~GE 2
At°to~ney Sh~psey s°tat~d °the p~oper w~y fo~° c~°tiz~n~ °to p~o~e~cl in tl~~s type of a
matter %s to pxe~r~il upon ~he Cit~r Cou~nci3 and/or °the P~anrsa.ng Commi~sion to
initiate ~h~~ type of zon~ngo
Charle~ Fellow~y 24U Tally Ho, as~ed if ~thi~ wt~~ a publ~c hearing, to which
Mayor de Leon replied that %°t x~ r~ot, but he was ax~terested in hearing what the
Tni°~iative is a].l about; tk~at a~ a ci~izera he wi~hed to be mmre inf~rmed about the
pt~x°°po~e of the Pe°tit~ono MY°m Fellows sta°t~d that in tl~~ pa~t many citizens have
been dismayed becau~e °~he Ci°ty Covancil doe~ not~ ~peak for wha°t he feels is the
majori°ty of °the citizenry and °that vergr of°ten the City Council votes for developing
some wery good agricultural l~nd. He further e~aounded that proponents saw this as
a wray of pr~s~rving ~the prY.me agr.~c~al°tural land so th~ people would not have to
legisl~°t~ b}~ pet~°tion all the ~ime, He felt that a g~~a°~ majo~°ity of the people
of tYse ~ity want this land ~°~main in agricultu~~, and h~ questa.oned if it cannot
be legisla°ted tk~i~ way, wha°t c~n be clane? H~ ~tated tha~ ~f the C~ty Council votes
fo~° develop~ng prime land, °the~ a~e not ~upporting the people who elected °them.
Nl~yor cle Leon reque~~ed ane more proponent of the ~e°ti~tion ~peako Ella
Honeycu~t, 560 Oalc H~11 R.oacl, ~°tated ~khat some~hing new was not being proposed
for the rea~on °tha~ the C~ty's I~and Use and Open Space Elements state ~ery clearly
°that our prime agricultural larnd mus°t be pre~ervedm She tY~en read Goverz~ment Code
5ect~on 5122U regard~ng preservation of prime ag lancl being necessary and in the
public in°teres°t. ~he then read some figures obtained from the County regarding
rebates received from l~nd in Agx°icultural E~reserve~, sta~ting that the Ag Preserves
have paid for themselve~ in the Countya
Mayor de T~eon reque~~ed °to now hear from f~rrners within the City Limitso
The fo~lowing per~nns responded: Tom Runel~, 586 Valley Road, stated he has
p~roper°t~ th~t has been clearecl far an Ag Preserve. His under~tanding of the
~t~bject Pe°tition ia that i°t would take away his prerc~gative whether to sign a
con~rac~ with the City or Ca~unty for an Ag Preserve and it would be mandatory that
hi~ prop~rty be in a zone he can't do anytY~ing withm He stat~d that no one wants
~to ]eeep th~ farmland ar~y more t~han he do~~, bu~ th~t each parcel must be con~idered
individuallyo He ~°tated the farmers are ju~~ like the other citizens, paying
T~~p~z, sewer l~and~ ~rsd s~Y~ool ~aa~es m He f~e1s °~hat each parcel that comes up for
d~v~l~~sment h~s to 1~e talcen oz~ its own merits; specific si~.uat~ons where the
p~ople ~ann~t m~k~ it with the ~aro~it they have or 3°t'~ too cc~stly to convert it
tc~ ~c~m~~hing elsea
°~rsny Mar~al~k, 536 E~s~t ~herry, repre~~n~ir~g the ~.ntere~t in the Marsalek
Fa~rm~ ~t the ~n~.er~ec°~a.~sn of N~wsom Springs ~nd Cherr~r Aarenue, dir~cted attention
to the farmers pre~ent this ~vening who r~pre~ent the maj~rity of the farmlands
located with~n th~is ~i°ty~-the Grieb, ~`uchi.waki, ~aruw~~ar~, Runel~, ~tnd Tsylor
intere~~ts. Fi~ asked ~h~ people to cansider wYaa°~ farme~°~ think, sta~ting that the
farmers in the Arroyo Grande Valley have been po7.led and they are 100~ against
thi~ particular Petition su}~mit°ted this evening, with the exception of one farmere
He asked can~idera°tion of ~the plight of scame of °~he farmears who are possibly in
unpr~duc°tive agricultu~ea He st~essed °tha~ ~he farmers in ~h~ Valley did not
in~tia~e this pet~tion anel ar~ no~ inte~e~°~~d in i~t a ba.~, so ~hose ~vho say that
the~ wrant to save the ~armlands for the f~rm~rs are speak~ng in error.
Councilman Mill~s sta°ted h~s surpise, a~ he had thought the Council would
be faced with ~the deci~~on of either adopt~.ng the proposed orda.nance or submitting
it ~o ~the vote of the peoplem H~ felt thi~ is ~the grossest example he has ever
~een c~f demoeracy in action and a di~tesrt~,an of the will of the peoplea He stated
he disagreed with City Attoz~ney Ship~sey's opinia~n, alth~ugh respecting his right
to his own opinion, but that none af the eigh°~ parts of the proposed oz°dinance as
found on the Peti~ion a~]c °~o have anythin~ ~°ezonedo He disagreed that this is an
effo~°~ t~ rezone any landQ Councilmari Milli~ tl~en made a motion that the Council
~ubmi°t this ordlnance to a vo~e of °the peo~,le to be adapted. Attorney Ship~ey
stated that the City Zoning Ordinance i~~n~~k ju~~ ~n a~dinance prov~.ding for re-
zoning, but all af th~ density t~an~fer anel classificatzon provisions are also
contained in it, and does no~t deal only with rez~rning. He stated he does not
contend that thi$ Initiative Petition i~ a rezoning of ~ny property, but ~that it , !
is a matter that talks abotx~ th~~ proper°ty b~ing Class I or II agri~ultural
proper~ty and cann~°t }~e ~~zc~n~d und~r ~he p~op~secl orclirn~nc~, ar~d °thes~ are zoning
matters. Councilm~n Mi.ll%~ s~ated °that ~n ~ni~a~a~tiv~ me~sure a.s where you change
something--change the ~oning. The Initiative, he sta~ed, is saying we donAt want
to c2~ange it, bu~ lteep just ~h~ way it ism Councilm~n Millis further stated
th~~t if the Council thwarts ~he will cf the people and does not ~ake action on
this tonight, he i~ sure ther~ will be a law~u~.t ~g~in~t the City csn it and
p~°obak~ly eventually result in a cos°~ly spe~ial electi~no Attorney Sh~.psey stated
that if it does come ~Ca a lawsuit, he would prefer b~inq in a position of advising
~ .
~~"I~Y ~~DL1N~~7~ r°~.UGUS'T~ ~ 0, 9~6
~R1~0~0 ~I~~D~, G~Ie~F`ORI~T~A P~1GE 3
~I~e ~o~an~~l °t~e ~t~~r be~~e~r~~ ~s co~~e~~, szn~~ ~e w~~~ b~ el~~ex~d~ns~ ~the Ci.ty~
A~~e~° fu~~l~e~ C~~z~~~.3 d~s~~~~~orz, Coaxn~~linar~ Ga11ag1~~~ ~~cor~d~~l °~h~ arbo~~,ora made by
~~~r~~ilmam ltiiilli,s~ Counc~~.m~n S~Y~leg~~ s~a~~d ~e wiYl v~t~ "no" an ~he motion
becaus~ tk~e ~m~~i~"t~~~e a~~ °ta~C~r~~ ~tl~e r~g~~~ ~f an ~.nd~~aidual ~way f~om him. Council-
zn~n ~allagher f~1.~ ~eh~~ was ~h.~ ~snlq ~a~y~ make ~ c~~e of ~his, that is f~~ him to
secon,d th~ mo~ion so ~t~~ ~a~~~.r ~ar~ b~ ~r~pe~ly ~i~sga~ed e~~ther for the Init~ative
or ~ga~n~~ i~; and vo~:ing on this w~.~l. ~i~r~ a~o~z~se of a~~ion, Gounc~lman Spierling
s~a~~d his ~hough~s go ~~~ng v~i~h s~me o~ °the °~h~ngs Mr. Runels had indicatedo He
~e~r~.~wed h~s proposal 1~~~ May °~hat, ~he C~un~~l ~~cept anc~ ~do,~~ a pol:~cy °~o
p~r~s~~e ag~°~~ul~u~al landa T~ poli~y is flex~bl~ ~r~rsu~k~y h~ ~~a°~ed, ~o tha~ when
an ~r~diviclual ~i~ua°~imr~ ~~m~~ t~p tt~a~t c~e~~1y wa~~~n.~s a de~~~~on one ~ay or
an~~h~~°, you c~r~ reacl~ a d~~~~iorz ~a~ed up~r~ th~ ~re~i~~ of ~ha~ ~a~~i~ul~~~ ~asem
He felt k~~ could no~ pla~e ~hi~s G~u~r~cil ~r~d tl~~ ~i~~ ir~ ~ posi°t~on of doing +ahat
l~as be~n advisecl °~o ~hem ~n ~.~.le~~.l a~°~ ~ncl ~her~for~ ~annot suppor~ placing
~his i~~m on °~he bal~o~°~, ,px~~znari~y b~~~us~ vf ~h~ Ci°~gr P,°t~o~ney' s~ecommendation
t~a~t si~~uld °the Cocax~~al do ~his, ~t woul~d be ~n vso~~+~~,o~ of tk~~ iz~te~~ of the
S~t~.t~ Cocl~s, ~nd h~ ~n't~ncYs ~to mak~ ~~rer~r effo~~ ~ta s°~ay w~~~ha~n °the intent and
le°t~er o~ °the ~a~rs of 'thi~ S~a~~.
Caun~i~man Mil~is xsked At.°~o~n~y 5hips~~ whetk~er ~h~~e ~.s a penalty fo~
~r%olation of the Ele~tions C'ods wh~.ch was ar~swe~ed in the af~irma.tive. C:oun~il-
man Millis ~ead what °~he ~le~°~i~ms Cod~ ~ells ~,k~e C~ty Counc~l to do after receipt
of a Ce~°t~..fied Fetiti~r~~ and ~~]eed w~e~he~ ~~e Cauncil Me~bers wauld be in viola-
t~t~n o~ th~ Elec°tion~ C~de i~ ~.t eToe~n' ~~c°~ ~n ~n~ o~ ~he othe~° manners set forth
in the God~ SeCti~nm ~~~y A~~o~ney ~hi~ssey s°~~°ted absolaa~e~y not, because the
pr~sen~ P~~i~ion ~r~ his opin~ian i.~ no~ a s~ubj~~~ q~xa~l~fied fo~~~i.ni.tia.tive process,
Mayar de Lean ~~~~t~d o~pos~.~t~e~n ~o t~h~ ~ra~.t~a~~.~r~, a~ +tak~s ~way the r~ght
~f ~he property cswraer „
A~011 ca:ll ~v~t~ v~as then '~ayt~n c~~a ~he ~?o~~.an, as f"ollows :
AYES : ~c~un~~.lmen Gallaghe~ ~nd I~%llis
NOES: Cotaraci7~tra~n Spierl~z~g, Scl~leg~l, and Mayo~ de Leon
ABSENT: None; ~he mo~ior~ made ~y Coun~ilman Mi11is and ~econdecl by Coun~ilman
Gal].agl~e~ °~o ~~bm~.~ °tl~is p~o~o~~d o~d~nara~~ ~ vo~~ the p~op~~, failed,
Counc~lznar~ 5pierl~ne~ mad~ ~ zno°~~or~ ~hat ~h~ ~oun~il ~r~~~~uc°t the staff ~o
come ba~k w~°~h ~~~ominend~~~ons o~ a~~ux~~~~ p~l~~y wh~~h ~aould ~n~lud~ consideration
~t~~ s~z~ o~ t~~e pa~ce]~, za~t or~l~r ~~r~dl ~apaba.l~~y ~la~~~~z~~~~on Cl~ss ~ or ~I,
b~~ ~1~~ vege~at~~e Cl~~s~~i~~~io~s as 1~~~~d ~n ~h~~ ~~~~~a~ Par~s~ tl~e Council has ~or
~o~~~d~~a~~o~, for a ~oiaa~a~i~ ~ao~~~}r ~~q~~d~rag ~ s~~~~m~~~ ~f ~nrl~e~e °tk~e Council
~~+~~~Yly ~~a~d~ o~ Ag 7~~nc~ e C~u~~~ 1m~.a~ S~~le~~~ secoa~decl ~~e mot~orz m A ro11 ca~.l
vo~e wra~ ~aker~ af~e~ ~dcl~~i~nal ~~ua~c~l di~~u~~a~orz, ~s follor~rss
7~~CES: ~ouncilmen ~pi~~l~r~g, ~~llaghe~g ~chlege~ and M~3~~~ c~e Leon
NOES: Non~; AB~EN~: None; ~BSTEN~IOI~ ~B~ ~i~°~ue of ~il~r~~~a : Councilmar~ Mi11is,
~he m~t~or~ ~a~~~.~d, ~~~Cing tY~e ~o ~~°epare ~o~ th~ ~ouncil a pol~.cy for
~dop°~i~n ~rh~ch wrou~d ir~cl~de in ~ons~.der~~~o~~ ~a~°c~~ s~.z~, ~reget~°tive
class~~~~a~~~r~~ a~ vJell a~ ~o~~ cap~il~.t~r classif~~~t~or~s, and tY~a~ ~he s°taff
p~~pa~°~ ~t~i.s pali~y ar~d ~~~~g b~cl~ ~o °~1~~ Co~ra~~'1 fo~ ~or~s~dera~~one
~i~l M~Car~n, 428 T~nn~~° Lane, ~~~~ed h~~ fee~ir~g ~ha~ ~he C~~y Council ha~
tor~~gY~~ ~ro~~n ~h~t demo~~°~~y cTead ~n the C~~~ ~f A~~o~o G~ande and t~at the
Cottr~~~~ h~~ d~n~ed °tl~~ ~~ople ~l~e ~~gh°°~ ~tc ~ay hoc~ they inr~r~°~ ~th~ C~t~ of Ar~°oyo
~~and~ °~o g~~cv and howr tl~ey ~az~t ~o sa~~ ~hei~ Ag~i~ultu~a~ l~ndm
Hilo E~u~h~.wak~,, 398 Coa~~ Road, ~~f~z°ted ~h~ ~t~°temen°t abou~ "wr~ll of °th~
peopl~" becau~e gnos~ ~~e ~~me~~ of tY~e ~a~ope~~y ~a~s~e~ di~cussion aa~e agains°t
th~ ~n~~~~~~~re, ancl the pr~sp~n~r~~~ c1or~"t pay the ~~x~~ ~or the ~~.~mers" land.
~`~~d ~a~.~ en~e~~d ~~a~inaY p~ro~e~~t ~z~ Mayor de Lean' ~~uling of raot
~~^~~ing ~k~e ~~~pl~ pre~en~ spe~k ~u~~l~~r, s~at~~r~g ~l~a°t the f~r~ne~°s and others
shouTcl be alYo~ed ~t~ spe~~ ~~~~h~r.
A~~ ~rieb, 1~ 39 Ne~,~rpo~~ ~~e e, G~~v~r C~°~~, o~rn~ng fa~xnl~nd w~~l~i~n Ar~°oyo
G~~r~cie, sta°~ed ~he 1~et~~i,on pro}~or~en~s c~~d r~~~ cor~ta~~ a~ay a~ the ~a~me~s p~esent,
don'~ kn~wr ~rha~t farm~ng o~° ~ny~~~rag ~l~~t i~. H~ st~t~d ~tha~ if the p~oponen°~s
wer~ ~o p~~ the tax~~, ~o~~~ of
~pe~a~~on, ~he ~o~t of ~e~r~].~ng g~ound and talce a
]~e~~~ng or~ ~~~.~r~~ a}~~i~~~~, r~~nair~eH be~r~s., ~tcm, ~h~~r ~rou~d pull in the~r horns,
Y~ ~~ey l~~d to dig ~~t of ~k~~~~ ~~n p~ck~ts ~o p~~ fo~ °~Y~~~~
E1~~ I~oxae~rcu~t ~~a~~f~~c~ °~ha~ s~e k~ad th~~e fa~ne~s s~gra he~ petition and
h~d ~~em ~~gn ~t~a~ce, ~s ~r~ll ane ~t~ild~~o '~he ~~~ee fa~~ne~°s, she s~a~ed,
a.~e on Hu~sna Road c HiTo ~'u~~~wra~C~ d th~~t ~ lo~ o~ tYaem we~°e ~ic~raing unde~
~alse p~e~~nses, ~a~ins~ 'th~~ he l~ad b~~n a~~~oac~ed and ~told ~ha+~ ~ohn Taylor and
som~ ~~e ~~h~~° g~ow~e~s wer~ ~1~ ~o~ ~
, ~
~^J~
C~TY COUNC~I~ AUGUST °10, 1976
g1I~R07~0 GRANDE, CP,L~FORNrP. PAGE 4
RECEIPT O~ CERT~F~C~1TE OE' S[~"F°I~~E1~tC~ - REFER~NDUM pETITION PF20"PEST~NG ORDINANCE
NO m'4 39 C. S. - SUBMIT TO VO"I'ERS
The Counc~.l re~eived a Ce~°~if~ca~~ o~ ~ufffciency, da~ed August 3, 1976, and .
signed by Cit}~ Clerk del Carnp~, which c~rt~,fied tha°t she ~ad checked the Fteferendum
Petiticsn "Pro°testing the Adoption of Ordinance No, ~39" C:S."e The ce~tification
sta°ted ~hat to °the best of the Ci~y Clerk's knor~ledge, the Petit~on is signed by
ten percent (10~) of the ~lec°tors residing within t~he City Limi°~s O~ A~"Y`O}70 Grande.
The Peti~i.on i~self was pre~en~ed to the Mayor in a sealed manila erivelope and
remained sealed.
City Attorneg Shipsey advi~~d tha~ the ~ezoning Ordinance No. 139 C.S.,
re~oning the Miyak~ property a~ ~'air Oaks Avenue and the Arroyo Grande Creek
from "R-A-B-3" ~o "R-1", is subject to refe~°endum peti~tion, that i,n his opinion
the peti~ion is adequate and ~hat the City Council should either repeal the
O~din~nce or submit ~.t ~ta a vo~e of the people.
Aft~r Councs.l dis~ussion, a mo~ion was made by Councilman Schlegel,
seconded b~ Councilman Gallaghe~° and on the following ro11 call vote, to wit:
AYES: Councilmen Spierling, ~allagher, Schlegel, Millis and Mayor de Leon;
NOES: None; ~1BSENT: None, the motion to submit Ordinance No. 139 G.S. to the
voters of the City of Arroyo Grande a~ a Special Election on Novembex° 2, 1976,
carr~ed unanimousl}r.
PI,ACEMEN~ OF' ME~SURE 12E, MAND~IITORY GAI~BAGE COLLECTxON ON NOV. 2, 1976 ~ALLOT
City A°t°torn~y Shipsey reviewed ~~a°t the Council had p~eviously d~scussed
°the passibili°ty of pla~ing ~ me~sure on °~he ballmt as °to wh~~her ga~bage
collecfi.ioza should be manda~o~y in the City. This servi.ce is mandatory ~n every
c~ther ~i°ty ~n ~~e ~oun°~y of
S~n Luis Obispo, excep~ this on~, arsd it would also
fallota the reco~nenda~~on~ of the County ~o1~.d ~Vas~~ Management Plan,
~,f~er Council di.scussion, a motion was made by Coun~~lmar~ Gallagher,
1
seca~nded ~ Counc~.l.man Schlegel and on the foll.owing ro~.l ~all vote, to wit:
AYES: Gauncilm~n Spie~°lirag, Gall~gher, S~hlegel, M~.llis and Mayor de I~eon;
NOES ~ None; ABSENT: Nor~e, °the mo~t~.on c~rried unaniznously to place the quest~.on
o~ ch~nging the Refuse Collec°tion Re~erendum Ordirsax~~e °~o p~ovide for mandatory
g~rbage callect~on, on the November ballot.
ADOPT RESOLU`i°ION CAI~LING SPEC~AL ELECTION TO VO'TE ON GER'TAIN NiEAStJR~S: 1'~ /2/76
C~ty Atto~°ney Shipsey r~ad t~°title of a x~esalution ca ling a Speeia
-Electian, ta be consolidated wi°~h ~,he upcoming Sta~ewide Gene~al Elect~on, for
°the purpose of ~ubmi~°~ing cer°tain measures to °the vo~ters o~ ~h~ City; thereaf~ter,
a rnotio~ was made by Counci~.man Schlegel, se~onded b~ Councilman Spie~°ling and
unanimou~ly carried, to dispense with readi.ng ~l~e balarace of this resolution.
RESOLUTION NO. 1237
A RESOLUTION OF' THE CIZ'Y OF ARRQYO GRANDE~ CAIwIFORDi~A, ORDERING, CALLING,
PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNTCIPAL ELECTTON TO BE HELD
IN SArD CI'TY ON NOVENi~ER 2, °N 976, FOR '~HE PURPOSE OF SUBMTTTII~TC TO THE
QUALTFIED if0'~ERS OF SA~D CI~"Y AN AMENDMEN`I" TO ".~'HE ARRO~O GRANDE MUNICIPAL
CODE CONCERNTNG Gf~,RB1~GE AND REFUSE' TO PROVIDE FOR MANDATORY GARBAGE ~
COLLECT~ON, ~"HE GRA1V'I'~NG OF' A GARBAGE SERVICE P'RANCHISE, AND COLI~ECfiION
O~" SERVICE CHARGES BY THE CI'TY; AND FOR 'I'HE SUBNIISSION TO THE QUA~~FIED
EIaECTORS OF SAID C~TY ~1IV ORD~NANCE R~LATII~TG TO REZON~NG CERTA~N
TERRITORY BORDERED BY THE CREEK AND FAIR OAKS AVEI~UE, FROM "R-A-B-3" TC3
"R-1"; 1~ND CONSOL~DATING S.~~D E~ECTIOIJ WI'I'H THE STATEWIDE GENERAL ELECTION
Tb BE HELD O1~T SAID DATE m
On motion of Councilman Spie~l~ng, seconded by Councilman Gallagher and on
the following ro~.1. call vo~e, to wi°t:
AYES: Councilmen Spierling, Galla~her, Schlegel, Millis and Mayor de Leon
NOES s Ntsne
P,BSENT: None
~he foregoing Res~lution was passed and adop~ed °~his °~Oth d~y of Augus~, ~976.
RESOLUTION ADOP"!'. -~1SK COUNTY 'I'O GONSOIoIDATE SPECIAL MUNI e EIDECTION W~'TH NOV. 2ND
City At~orney ~hipsey read ~he t~tle of a~°~s~lu~~.on r~questir~g consoli~ation
of °~he 5pecial Municipal Election ~ust called by ~the Gouncil, with the statewide
General Election of November 2, 1976; thereaf~e~, a motfan was made by Councilman ~
Schlegel, se~onded by Councilman Gallagher and unanimously carried, to dispense '
with reading °the balance of °~his resolu°tion.
' ~
- 209
CITY C~UNCIL AUGUST 1~, 1976
ARROYm GRANDE ~ CALIF'ORNIA;, 1~AGE 5
RES4LLfTION NO. 1238
A RESOLUTION OF TH~ CITY COUI~CIL OF THE CITY OF ARROY~ GRANDE `
REQUESTING THE 80ARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS
OBISPO TO CONS~LIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY
OF ARROYO GRANDE TO BE HELD ON NOVEMBER 2~ 1976~ WITH THE STATE-
WIDE GENERAL ELECTION TO BE HELD ON NOVEMSER 2y 1976~ PURSUANT '
TO 3ECTION 23302 OF THE ELECTIONS COnL.
On m~tion of C~uricilman Spierling, seconded by Councilman Ga~llagher and on
the fsllow~.ncg roll aa~ll vote, to wit s
AYEB s Councilmen S~Oierling, Gallagher, Schlea~el, Mtllis and l~ta~y~r de Le~n
, N~'ES: None
~88ENT: None
the faregcaing Reeolutior~ ~rae paseed atnd adopte~ thie 10th day of Auguet, 1976.
L~I$CU$SION RE. AUTH(7RI2I1~TG COUNC~~ MEIN8ER8 TO ~`~LE ARGUMENT3 FOR CITY MEASURES
C ty A~torney 8 3.peey explained the~t the City Cc~uncil m~y, ig it wiehee,
des4qnnta certain of ite membe~r~ to tile argumente~ ragaral3ng the praviouslg
mentimned meaeures, whioh act3on would~ require adoption of a res~lution. 'i'he
C~uncil discussed the m~tter, with Cmuncilman Millis pointing out that the
Council seeme~i to be in aqreement as to the mandatory garbage c~llection mea~sure,
but there app~eared to be a 3 to 2 split an the Miyake rezmning measure. Therefore,
he suggestefl that three members be given 180 worda for an argvpment on the Miy~ke
rezmning and two members be gfven 120 wordst and that each side be allowed to give
its p~int c~f view. A decisio~ was nat made as to arguments to be filed by the
Cmuncil pending research as t~ ~he limitation of words on each arc~ument. The
Ca~uncil however mgreed that when the wmrd limita~tion is established, that 2/5th
and 3/5th w~uld be given ta~ the C~uncil f~r submission of arguments. City Att~rney
Shipaey requested a~ditimnal time to study the Election Ca~ales regarding this matter.
PLfBLIC HEARING - ADOPT CONFLICT OF II~TEREST CODE FOR COUNCIL - CANCELLEID
PLJ~LIC HEARING RESET F~R AUGUST 24f 1976, 8 P.M.
Administratmr Butch report~d n~tice hae been received frc~m the F~ir
Paliticr~l Pra~ctices Cammiesion s~nce the Council's meetina~ of J~Zy 27, 1976,
that sa~id Commiseion ie rmconsidering some of the reguiatione reaf~rding adoption
~f Cmnfiict mf lnte~eet Cmdes for the City, and therefore the dea~dline dates have
been suspendeal.- It was now recomnt~nded thffit the Council set a p~ublic hearing on
said Cnde~ for the Counoil's next r~gular meeting. After Cmuncil discussi~n, a
snmtimn was made byr Cmuncilma~n Sch].~gel, eecon~ed by Councilman Gallagher an~
unanim~usly carriec~, eetting a public hea~rina~ ~n August 24, 1976 at 8s0~ P.M., t~
consi~lmr a~optimn ~f Co~flict caf =nterest Codee ~~r the City Cmuncilo
RECEIPT mF DEPARTI~NTAL REP~RTS FOR JULY '1976
e Council received, revieweai ana~ ordersd filed the IDepar~mmential Reports
f~r the mc~nth mf July, 197E.
3ET PUSLIC HEARING 0N EIR FOR DAK PARK ACEeEB DEVELOE~. C~Zt~NE #75-84} - 8~24/76
The Cmuncii received and reviewed a~ memor~nd~sn fra~n P3.annin~ D rectmr
Ga~ilop aubmittina~ all pc~inta made in the Subdiviei~n Review Bc~axd cn cdevel~pmer~t
rea~Lti.rements fmr Tract Nm. C 04 , Oak Park Acres t the m~:tigating measures aet mut
in the Envirmnment~l Ing~a~at Repmrt CE~~)f and additi~ns a~iecussed ~t a etudy
aeseiots af the City Council atnd recc~mmencied amenc8tnents by the staff, Alsa r~ceivec~
was the prmy~osed ordinance to rezmne the subject area fr~n "A" tm "P-D".
Council discuesion was he1~ rega~rd~ng the hc~lding of ~ pubZic hearing can
the EIR~ as eugqested by Cmuncilman Millism In answer tca Councilman Gallaa~her,
City Engineer Garcia gave ~ qua~li~ied "yea" anewer to the queetimn as tc~ whether
engineering a~nd plmnnin~g has had sufficient time tm hie satiafactimn to cmnsider
everything rea~a~r8ing Offils Park Acres. Mr. Garcia explained thnt as each parcel
comes uya tor develmpment it will gm thrmugh a similar prmcesa tha,t the present
Devel~pment Plan 3.s going thrmugh and he feels ~hat present contr~le are general
enough to give ms~le control ~or the next process of conaidering each parcel.
After Council discuesion, ~ mmtimn was m~de by Councilmar~ Gallag~,~;.
secondeci by Cauncilman Mi113.s and una~nimously carrie~, ta sch~~ a pu~~,~ htaaring
fmr Auquat 24, 1976 at Ss~~ P.M. on the EIR £mr the Oak Park A~e~ ~ev~e~at Plan,
that a~fter sai& hea~zinq the Council review a~~ c~rieide~r ~ tha anal~~~~,~1~ '~k~ ~
action on the rezmning ~f Oa~k Pa~rk Acree 1~~intely afterward~s, if ~an~#,,~,
,
so decides.
~io
CI~Y C~t7NCIL ~iLIGCIS"T 10, '~9~6
AR~OYO G~1NDE, ~AT~IFC)FtN~A PAGE 6
~C~IPfi O~" 1~T..~N F`~JFt Et+~F2GENC"Y Ni~D3C~L ~EF2Vi~ES E'U~t C~LTI~I`Y PLAN
'~h~ Goe~n~i1 ~;ee~~.~red n~~.a ce that °~h~ Emerger~~y~ M~d~ ~aI Se~vices Sy~~~~r
PI~~ d~~ft~ ~n~~s~v~.r~g ~h~ C~un~~~s af Sar~ Lu~~.~ C~bi.~~c~, Mon~t:~r~~, San Ber~~.to and
S~nta C~~x~~ ~s ~v~i1~b~~ th~ M~.d-Coast fie~lth ~~~~;ems Ag~n~y ~ffz~e irz San
Luis Ob~~poT ~~~~po~~ on Pali~~ Chief Gl~~k's re~~r~~~a of'th~ ~~an w~s also
rece~.vec3, whach e~e~~rib~d fundirg ~f the ~lan, adv~~~c~ tl~~t a publ~~ hea~~~r~g c~n
~t wil~ b~ held, an~l recum~n~ndzng that ~h~ Czty ~~~y .~nfa~~ed abau~ it, ~s ~he
Plan appears to ~e effac~ieci~, b~t. ~~ery ea~~~ns~.~e.
RESOI~U~'TGN ADC?F'T~OI~ -~1PFF~CaVE A~~~ICATICiI~1 F`0~"t GFtANT 1`~IOIvIE i FC7Ft STRU~'HER P.°4RIC
A~m~nis~~at~~ ~u~t~h re~camm~nd~d t~a°G the C~un~i~ ap~rc~v~ a res~lt~~~an
au~h~~.~~~.n~ ~h~ C~.°~y ~c~ ~~~S~y ~974 s~ate ~~a~n~ man~~~ ~~sr the St~rc~~h~r
Comm~z~i°t~ Pa~k d~v~~c~pmez~~ prc~j~c~, ~n an apprax~m~te ~~ic~txnt; of $38~500.00. Afte~
Goun~i~ di~~ussior~, A~m~n~~~~at~r Butch ~ead th~ ti~~1~ o~ a~esolu~ion ~pp~csving
app~~.cat~~.on fox gran~ monies ~y th~ G~ty; there~f~er, a mo~tioz~ was made by
Councilman 5~h1egel, seconcled by Caun~ilm~n Gallagh~r and unan~mously carx°i~d, ~to
clssp~ns~ w~th reading ~he balance ~f th~~ re~calution.
RE~OIFUTION N0. ~239
1~E5~IAiJ"I°iON OF ~IiE C~TY COUNCIL OF' THE ~~TY (~F Af~FtQY~
GR~.NDE ~1PPR~VIN~ THE APF'~,ICA~~6N ~f,~R 1974 S'~A'~E GF2ANT
MC7NE~~ ~O~ 'THE ST~20'~IiER C~NINIIJNI~Y ~ARIZ DEVEI~("s~M~N~" PROL7EC'2°,
On mat~on of Cc~ur~~llman ~p~e~lin~, s~~or~c~ed by ~oun~~lm~n G~lla~he~° and on
~~s1Tow~r~e~ ~ol.l ~a11 ~ro~~, °~o wi~:
A~E~: C~ur~~i.l~aen ;pi~~I~.n~, G~11~ghe~~ S~k~leg~l, M~~.lis ancl May~r de Leon
NOES: N~n~
P,BS~I~TT~" s Naz~e
~h~ ~or~go~~g R~~oT.u~~.a~~ was p~~~ed ~nd acl~pted ~h~s ~ 0°~~ d~y of ~ugus~, 1976 R
L?ISCLISS~OI~fi R~~ O~°FER FOR ~1~D A~ i26 S~. MA~ON FOR ~~illC C~N"~~~t EX~ANS~ON
'T~e ~ou~n~~l, ~e~~.ewed an of~e~ and ~~~ms of sal~ pro~a~~d by a r~al esta~e
cpns~~~tar~~t ~or ~resperty ~~t i26 S~a M~~o~ ~°~~ee~, wh~ch ttze ~~~ize~s' ~c3vi.so~~
G~a~n~~te~ on a C~vi~ Ce~~~r Ne~~~ ~~~d}r kaad ~~~o~nme~decl be pu~~h~sed fo~ the
expa.ns~on of the civ~.~ c~~a~ter. ~h~ o~f~~° qave th~ ~ale~ p~~ce as $45, 000 a B~ief
d~s~u~si~~ w~s he~cl ~~g~~d~~g ~x~~l~zat~or~ of the ~c~u~e prs~~r~~ly 1oca~ed on s~id
p~ope~~~r, if ~he Gi~y eie~~d~~ buy A~~~r ~~u~~~l d~s~u~s~o~, i~ wra~
g~n~x~ally agreed °~o ha~ld of~ ~~~~or~ oa~ ~his m~~~~~ un~til ~f°~~~ a~o~n~ mee~~r~g wi~h
~he ~,dv~~o~y Ga~m~.t~~e~ ~
SE"'I' ~O~1~TT 1~TEE'I`ING inTl'2'H ~~"I"I~ENS' AD~~S ~ CO~+IM~T'l"EE FtE E~~i7IC ~~NT~R I~]~E1~ i e 9/'I 3%'76
- Adm~n~s~t~a°~o~° ~u~~l~ ~~po~~~d tha°t ~he G°~°~~~~n~' ~dv~~ory C~mm~~~~e on ~ivic
Cex~~e~ N~eds has ~ee~~e~t~d a~o~nt~ m~e~t~,~g w~~k~ th~ Cour~c~l fa~ pu~pds~s o~ f~na~
recommenc~a~ion~ a~d c~mpletie~n of ~he Camma~~t~ee"s ~~s~gnm~r~ta ~~o~y of A~°~h~.~~c°t
Maul's ~~comcne~ded ~ha~~ d~ve~o~mer~~ on ~t~e c~vi~ ~ez~~e~ progr~m ~uas also resr~ewed.
Af~e~ ~o~~~il dis~ussic~~, i~ r~ras gener~ally ~gr~~d ~o ~e~ a join~ m.eet~ng w~°~h ~t~e ~
Gi~r~~ ~entex° Adv~~ory C~mm~tte~ fo~ M~r~day, 5~~~~mber 33, 1976 at 4,00 P,M.
~~SO~CT"I':COI~ ~1~0~'fi'. ~~~LY TO T,A~"GO F"OR "'TH~ P~TCE ~NN~XA'T~OI~ I~Oe 1~~
~'he ~ou~ci]~ r~~r~~wed ~ mezr~o ~roan P]~ann~ng Di~~~to~ Ga~~op, s~t~~~ng ~ha~
ti~~ ~~L~nn~ng Commiss~.or~ had ~pp~oved ~tt~e p~opcrs~c~ ~.nr~~xat~.oz~ o~ a pa~~el ~f
p~oy~e~°~y ~Ppr~xim~~ely ~0 a~res ~n s~~~, adjac~n~ ~o th~ e~~~•~m~ ~~~a~hwes~
~o~a~~~ of th~ Cit}~, s~aut~h 'rh~ Pilce, and immed~at~ly wes~ ~f T~~ct 244 fP~u~
~l,a~e~. Sa~d prop~~ty i~ d~em~d uninh~b~t~d and ~s prapc~sed ~o~ ~~~id~n~ial.
developz~t~n~s ~,f~er Co~nc~~ d~$~us~ion, Adm~n~.~°~rat~r B~a~c;h .re~d th~ ti~le of a
~~s~l~tion aut~o~i~ing appl~~atiora ~o ~h~ L~~al ~gency Form~~~.on C~mm3ssi~n ~o~
~~The Pi~e Anr~ex~~ion No~ 1"; there~fte~, a mo°tior~ ~as mad~ b~ Cou~c~lzn~n Spie~ling,
seconded by Counc~lm~n ~~~a~eg~~ and ~nan~m~~s1y ~~rr~ed, ta d~.~p~nse wa.ith read~ng
°~he b~la~c~ of °th~s .~°~so~.u+~ion. ~
RESC~I~UTION N0~ 'N~40
A RESOI~UTION ALIfiHC)f~YZING A~PT~I~A~°ION BX THE CI~X OF" P,1tR0Y~
~RANDE ~'6 "I'HE S.~N I~UIS OBISPO G~UN~Y ~~AIy AGEN~Y ~"ORN~`T~ON
~01~11NISSI~N REI~T~\~E ~ A ~FiO~~SAI, 'T~ ANNEX ~~fT~Yl'T~RX° TO "I'FiE
~T~"Y OF ~RRO~'U G~NDE ~
On mo~~on o~ C~u~c~Im~~ Sp~e~~ix~g, s~~c~nc~~d ~y C~urz~~lm~n S~hlegel ar~d Qn
t:he ~ol]L~w~ng roll ~all ~o~~, w~~;
~YES-: ~c~~?n:;~~m~n ~~i~ri~.~g, G~ll~~ha~~, S~hl~g~~, l~a.~~~~ a~s3 Ma~o~ d~ ~~on
T~~~S: TV~n~; ~i~~~~~: I~l~n~
°~ta~ ~~a~~~s~~~ag Res~3~~~-~sa~ ~a~s~~1 ~nd ~dop~ed ~hi,~ ~Q~h d~y c~~ Augt~~t, °~976=
211
CTTY COUNGIL AUGUST 10, 1976
ARROYO GRANDE, CALIFORNIA PAGE 7
RECEIPT OF HEAR~NG DRAFT OF SAFETY & NOIS~ ELEMENTS ~F° TH~ GENER~,L PT,AN
The Council had received draft copie~ of the Safety and Noise Elements
of the General Plan and were requested to keep °them for future hearings to be
held on them.
DISCUSSION - UPDATE OF 1976 CODES RE. BUILDING DEPTm & FEES
The Council reviewed a report from Buildi.ng Inspector Shetters, regarding
permit fees charqed by ~11 the incorporated c~.ties in thi~ County as well as the
County, and the City of Sant~ Max°ia. After cons~derable discussion by the Council
regarding the valuations per foot in othe~° cities ~s compared to this Ci°ty, it was
general].y agr~ed to hold off action on the adoption of the updated t7niform Builcling,
Flumbing, Housing, ~winaru.ng Pool, Mechanica~. and Electrieal Codes, to allow further
study by the Ca.ty staff of the proposed fees and review of the proposed adopting
ox°dinances prepared by the City Atto~°ney.
NOTTCE RE. NEW ANIMP,L SHEL7"ER SERVICE LOCATTON
The Council reviewed a not~ce from the County Departm~nt of Animal
Requlation, advising that the new home of the Department, effective August 2,
1976, is located at the County Operation Facil.~ty, off
Highway One south of Gamp
San Luis and Cuesta College. Report,s of abused animals should still be referred
to the Wood's Humane Society on Edna Roada but stray and nuisance an~mals, lost
and found, will be handled at the Coun°ty's rsew fac~,l~°~y~
UPDA'1'E ON PROPOSED RE-ENACTMENT OF REVENUE SHARING - INFO. MATTER
The Council reviewed a bul.letin giving an update on ~he proposed
re-enac~ment of the federal revenue sharing prograrn. The new proposal requires
auditing and accaunting of funds expended and requires public hearings. The
Council di~cussed the matter brief'ly, generally agreeing tha~ strings shou].d not
be att~ched to the City's use of x°evenue ~haring fundsg
RESOLU'I"ION P,DOPT~ - AUTIiORIZE S~GNIN~ OF RIGHT OF WAY CERTI~'ICA°I'E x"O CAL TRANS
The Council r~viewed a repo~t from City En~ineer Garcia advising that the
execu~ion of a Rs.ght of Way C~rtificate to ~he S~a~e Depa~~ment of Transporta-
tion (CAL TRAN~) is nec~~~ary in conjunction wi°th the G~and Aver~ue Project being
funded wfth FAU money anc~ involving the Ci°~ies of Arroyo Grande and Grover City,
~nd the State, ~or the in~tallation o~ a signal ~y~°~em at Oak Pa~k Blvd. and Grand
Ave. , a~nd the pav~.ng and s°triping af G~°and Avenue through bc~th ci~ies from Brisco
Raad ~t~ 2nd Stree~, The Certificate halds the S°tate hax°ml.ess from any liability
x°esulting from right of way not obtained which mi.gh~ be nece~sary for ~the project.
City Engineer Garcia s~ated the project is enti~ely within existing right of way.
After Council discussion, City Attorney Shipsey x°ead the ti~le of a resolution
authorizing the Mayor to s~.gn a Right of Way C~rt~.fica~te to the State; thereafter,
a motion was made by Councilman Schlegel, seconded by Counc~lman Gallagher and
unanimou~ly carried, to di~pense with reading ~the balance of this resolution.
RESOLUTION NO. 1241
A RESOLUTION OF THE CITY COUNCI~, OF ~`HE CI7.'Y OF ARROYO
GRANDE AUTHORTZING THE MAYOR TO SIGN A RTGHT OF WAY
CERTIFICA'~E TO TIiE STATE OF CALIFORNIA.
On motion of Councilman Spierling, se~onded by Cauncilman Gallaqher and
on the following ro11 call vote, to wit:
AYES: Councilmen S~ierling, Gallagh~r, Schlegel, Nlillis and Mayar de Leon
NOES: None
ABSENT: None
the foregoing Resalution was passed and adop~ed ~his 10~h day of August, 1976.
PiPPROVE PARCEL MAP AG 76-172, CEDAR & SPRUCE (FUKANAGA)
City Engineer Garcia r~viewed with the Council a copy of Parcel Map AG 76-
172, reflecting a lot ~plit (Case Noo 76-244 requested by Jo E°ukanaga), located
southerly of the inter~ection of Cedar and Spruc~ S~treets. After Council discussiort,
a mo~ian raas made by Councilman Gallagher, seaonded by Councilman Schlegel and
unanin~usly c~rried, finding Parcel Map AG 76-~72 to be ~onsistent with the City's
General Plan and Zoning, and approving ~aid Map.
APPRONE PARCEL MAP AG 76-55~ CORBE~'~ CANYON ROAD (DUNLAP)
City Engineer Garcia reviewed with the Council a copy of Parcel Map
AG 76-55, reflecting a lot split (Case No, 76-238, requested by Alvin Dunlap),
located on ~he eas~erly sside of Corbett Canyan Road be~ween Ca~rral Place and
Wilholm Lane. Said'lot split will cr~at~e ~wa parcels, both ex~eeding the 40,OU0
~1~
CITY COUNCIL AUGUST 1U, 1976
ARROYO GRANDE~ CALIFORNIA PAGE 8
square foot minimum for ~the existing,zc~ning. After Council discussion and reoiew
of the City Engineer's recommendations regarding this case; a motion was made by
Councilman Spierling, seconded by Councilman Gallagher and unanimously carried,
finding Parcel Map AG 76-55 to' be consistent with the City's General Plan and
Zoning; accepting, on behalf of the public, the two areas ~hown a~ dedicated for
roadway purposes on the mapt approving said map ~ubject to pmsting of required
improvement bonds; and permitting access across the wasterly 415e72 feet of that
certain access denial strip recorded in Book 1806 at Page 662 of Off~cial Records
of the County and shown on Parcel Map AG 74-275 filed in Book 16 at Page 42 of
Parcel Maps (The Wilholm Lane Parcel Map).
APPROVE PONDING BASIN MODIFICATIONS (JUNTPER & ELM, - FUNDING AVA~LABLE
The Council reviewed two repcrts from City Engineaz° Garcia, requesting
permissicn to modify the ponding basin at the end of Juniper Street and also
the ponding basin at Elm and Ash Streets. He stated funds for these projects
should be available in the City's storm drain account. After discussion, the
Council, by general consensus, gave its approval ~o City Engineer Garcia's
recommendations to clear City-owned pro,perty around the panding basin at the end
of Juniper Street and enlarge said basin by use of day labor at a cost not to
exceed $~,500.00= and to enlarge the Elm Stree~ Pondinc~ Basin by day labor at a
cost r~ot to exceed $2,500.00,
AUTHORIZE CALL FOR BIDS TO OVERLAY VARIOUS CITY S~REETS ~PROJECT NO. 90-76-3)
City Eng~.neer Garcia reviewed with the Council a map indicating various
City stre~ts proposed for surfac~.ng, as budgeted in the 1976-77 Muni.cipal Budget.
After Council di~cussion, a motion was made by Councilman Spi~rling, s~cond~d by
Councilman Gallagher and unanimously carried, auth~orizing a call for bids for
the surfacing of various City ~treet~, with bid opening for this, Project No.
90-76-3, set for 2:30 P.M. on September 8, 1976.
RESOL. ADOPT. - PROCEED WITH 1911 IMPROVEMENT ACT(SHORT FORM) ON DEL SOL STREET
The Council z°eviewed a report from`City Engineer Garcia giving a revised
breakdown of costs for construction of curb, gutter and sidewalk impz°ovements on
Del Sol Street. Cost to the City o~`the project, which would involve regrading of
the street, is estimated at $20,000; and costs to property awners an estimated
total of $16,000. The revised ~osts had been discussecl with a resident on Del
Sol who had circulated the petitiom for improvements (with 92~ signing on the
west side and 83~ on the east side), and he had indicated the citizens are ready
to put in the improvements regardless of City participa~ion. Mr. Garcia stated
that with the change in SB 325 funding levels for this fiscal year, approximately
$20,U00 of gas monies-are no longer needed for the Halc~ran Road widening, and
might be used for the De1 So1 Street improvements. The Council discussed various
ways of funding the project, with Director of Public Works Anderson stating it
would not hurt to delay purehase of Halcyon Road right of wayo Administrator _
Butch stated there is the possibility of the paving bids coming in lower than
the budgeted amount and thereby release some funds. After further Council dis-
cussion, witn the Council in agreement to proceed with the Assessment District in
view of ~he property owne~°s' interest, City Adm~.nistrator Butch ~°ead the title of
a resolution instructing the Superintendent of Streets to orde~° said improvements
on Del Sol St~°ee~; thereafter, a motion was made by Councilman Schlegel, seconded
by Councilman Gallagher and unanimously carried, to dispense with reading the
balance of this resolutionm
RESOLUTION N0. 1242
A RESOLUTION OF THE CITY COUNCTL OF TAE CITY OF ARROYO
GRANDE INSTRUCTING THE SUPERINTENDENT OF STREETS ~'O
ORDER THE CONSTRUCTION OF CONCRETE CURBS~ GUTTERS~
DRIVEWAY APRONS AND SIDEWALKS~ AND IMPROVEMENTS FOR
THE PROPER FUNCTIONING OF THE INSTALLED CURBS, GUTTERS,
DRIVEWAY APRONS AND SIDEWALKS.
On motion of Councilman Spierling, seconded by Councilman Schlegel and on
the following roll call vote, to wit:
. AYES: Councilmen Spierling, Gallagher, Schlegel, Nli llis and Mayor de'Leon
NOES:, None
A~SENT: None
~ the foregoing~Re~olutfon was passed and adopted this 10th day of August, 1976.
--~i~
CITY COUNCIL AUGUS'T 10, 1976
ARROYO GRANDE, CAI~IFORNIA PAGE 9
APPROVE TIME EX'i'~NSION ON REQUIRED SEWER HOOK-UP - 734 MYRTI~E (STILWEI~I~)
~'he Council z~eviewed a letter from Grace and Alb~rt S~Cf~lwell of "734
Myr~tle Street, regueating a waiver from the requi~°ement to hook-up to the sewer
system fo~° var~.oua rea~ons. A repart on the matte~° from Director of
Publi~ Work~
Andereon suggested epecfal con~ideratior~ be given ir~ tY~ie case ~ecauee of the
~i~cumetances dee~ribed by the 8tilwell~, but he ~ecom~nended tha~k the extension be
bt~~ed on the two elderly perBOn~ occt~p~ing this fou~ ~~~e pareel, and tha~ th~
p~aper~y be connected to the sewe~ in the event af ~h~ change o~' ~wnership ar
fnilu~e of ~he private dispoeal ~yetem. Afte~ CouncS~, di~cuasion, a motion w~s
made by Counc~lman Millie, eeconded by Councilman Gallagher and unar~~.maue~.y
~a~ried, npprov3ng an exten~ion to Gra~e and Albert S~~.lwrell ~rcm the sewer hook-up
x~equirement at 734 Myrtle Street, until there i~ a change in ownerehip o~ the
propezty or the private di,~posal sy~tem !'nila.
AUTHORIZE SUMMER SURN WEEKs AUGUST 22ND THRU 27TH~ 19~6
Or~ mot on o Counc man Sc egel, eec~cnded y Cour~~ilman Ga].laqher and
unanimously carried, Surn Week wae authorized ir~ the ~ity ~rom Auc~ust 22 ~hrough
Augus~C 28, 1976, for the e~ummer period, as requested by Fire Chief Mar~alek.
RECEIPT OF LATES'~ LEG~SI~ATIVE SUI~LETIN FRdM LEAGUE~ OF' CALIFORNIA CITIES
e Cour~c 1 rece~ved, ~e~tiewed and oz°de~~d filed ~he lat~st i~egiela~ive
Su~.letin received from the League of C~l~fc~nia Ci~ie~. Disau~sSon was held on
~he ~~Soby~~ bi11 - S8 839, which was co-epanec~ed by the League and place~ a 5-year
~ap on pae~-employmer~t °Scby" preeumptio~~ uader wo~°ke~e' Corqpenaa~tion,
FL1RTfiEFt DISCU88SON itE. ARGUMENT9 ON CYT'Y 1~EASURES ~Y CITY° COUI~C~L
C~~~ At~o~°ne~ ~~.p~e~ s~~ted ~h~t ~he Electian Code ~e~tion ~012 does
~~.mi~ tY?e leng~h of argume~~t~ to 300 wo~°ds ea~h. ~n ~esponse to Cnur~~ilman Mi].lia'
question ~eg~~rdi~sg ~hich argtunen~s would be e~tn~tted to the voter~ if seve~°al
were received, Attorney Shipsey xead Election Code 3ection 5014 which eets forth
the preference and priority order in which they are ~selected by the City C1erk for
printing. Attorney Shipeey e~lained that the Cauncil ~an pass a~esoiution
author~.zing certain of ite membe~s to file argumente an ~he m~a~u~°es, or leave it
up to the priori~y selection a~ set ~orth in th~ Ele~tions Code. He fuxther
et~ted that a~ he reads °~he Cade~, only one a~guznent is permitted pro and con for
each measure, so if the Council electa to ff~le pro,and con argutnents on a measure,
it blocks the possibili°ty of ar~guments from other ~ourcesm °~he Counail took no
furthex~ action on the matter, other than ~instructing tY~e C~°ty Clerk to have a
deadline date available by Auguet 11th for aubmission of a~rgumentss
REQUEST FOR PASSAGE OF RESOLUTION TO PLACE SOND ISSUE ON NOVm BALLOT - SfiRONG
Fred Strong, Execut~ve Director of the South Coun~y Citizens for
Environmental Balance and Econcmic Stab~l~.ty, El Camir~o Rea1, Arroyo Grande,
u~ged the Council to pass a re~olution to place a band iesue on the November
baliot to provide for purchase of the Miyake property by the City if the Referen-
dum measure passes, contending that inver~e condemnation damage~ w~ll be involved~
He suggested the City atudy va~°iou~ methods ava3lable to it for purchase of the.
land and bring a resolution back to the Council prior ~to the August 20th deadlin~
for placing measures on the ballot. H~ said the bonc~ measure should s~tate that
passage of it is contingent upon the passage of the referendum~ ~everal ~itizens
. in the audienee spoke, rebutting Mr. Strong's atatements, and citing opin~.ons and
s~katements to the contrary.
PERMxSSION GRANTED TQ BE OUT OF THE STATE IN AUGUST, ~976 - SPIERLING
On motion of Couricilman Millis, eeconded bq Couna~.lman Gallaghe~° and
unnnimouely carried, permiasion wa?e grant~d ~to Counailmax~ Spierling to be ~bsent
from the Sta~te of California during the month of Auqust, 1976, as per his request.
PERMISSION GRANTED TO SE OUT OF THE STATE IN AUG. & SEPT. "1976 - GALLAGHER
On mot on of Councilman Millis, seconded by Counc~.lman Spierling and
unanimously carried, p~rrnieeion was granted to Councilman Gallagher to b~ absent
from the State during portians of August and September, 1976, as per his requesta
ADJOURNMENT
On motion af Councilman Gallagher, eeconded by Councilman Mi,llis and
unanimously carried, the meeting adjourned at 10:40 P,M.
. ~ G~~i c~-~ ~
ATTEST s ~
~ CI'TY CL~ERIt ' MAYOR ~ ~