Minutes 1977-02-082~3
CITY COUNCIL FEBRUARY 8, 1977
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session. with Mayor Gabe de Leon presiding.
Upon roll call, Council Members Al Spierling, Matthew Gallagher, Jr. ,. Calvin
Schlegel and Mark Milhis reported present.
PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor a Leon e t e P ge of Allegiance to our Flag; and immediately
thereafter, Reverend Stanley Durham of 'the First Southern Baptist Church in
Grover .City delivered the invocation.
APPROVAL OF MINUTES
The minutes-for the regular meeting of January 2S, 1977, were approved
as prepared..
APPROVAL OF WARRANTS.
On motion of Councilman Schlegel, seconded by Councilman Spiering and
unanimously carried, General Warrants Noo 5979 through No. 6050,. in the total
amount of $24,74Qo13; and Payroll Warrants No. 8073 through No, .8260, in the
total amount of $120,841.57, were approved and ordered paid.
PRESENTATION RE. COUNTY'S CApZTAL TMPROV. FUND .FOR REG. GOVT CENTER - DODSON
Bruce Dodson, Capital Program Consultant for the County on_the Sout
County Regional Government Center, gave and reviewed with the Council a packet.
of information regarding capital funding of all county projects for the 1976-77
fiscal year, and nclud~.ng specifically for the Regional Center. in the South
County, the entire Plant Acquisition Funding Program, the appropriate Board
orders for the reservation of funds, and the individual minutes of the Board
meetings for each action. The Council discussed the matter and Mr. Dodson assured
that the funds set forth for the various projects have been set aside to be used
only for these projects.
NOTICE OF INTEREST IN A UIRING FIRE STATION - SOo COUNTY HISTORICAL SOCIETY
The Council read a letter from the South Csounty Historical Society,
making known its interest in the F'isehouse should it ever become-surplus to
the C.ity's needso The Council directed the letter be kept. on file for future
considerationo
NOTICE FROM CABLE TV CORPORATION RE. REORGANIZATION
The Council read a letter from the Central California Communications
Corporation, advising that the company will be x•eorganizing to accomplish a
division of the corporation among the existing shareholders. Art Hapgood,
representing C.C.CaCo, was present and in answer to a question, replied that
he did not anticipate any changes in the rate or service of Cable TV .due to
this reorganization..
REQUEST FOR MEMBERSHIP APPLICATIOAIS TO .MID-COAST HEALTH SYSTEMS AGENCY
The Council read a letter from the Mid-Coast Health Systems Agency,
urging applications for membership be made on the thirty-member health
commissiono An application form was also attached for those interested in
applying for representation.
NOTICE OF~GAS COMPANY'S RATE INCREASE APPLICATION - CITIZENS URGED TO
CONSERVE ENERGY AND WATER
The Council reviewed a notice that the Southern California Gas Company
has filed an application for authority to {a) engage in a solar demonstration
project and (b) to include in its rates the amounts necessary to fund a solar
energy programo Also reviewed was a press release from the Public Utilities
Commission urging consumers to cut out all luxury uses of gas and setting
thermostats to 65 degrees during the day .and 55 during sleeping hours. Mayor
de Leon urged Arroyo Grande residents to voluntarily conserve energy and water.
DEPARTMENTAL REPORT FOR. JANUARY, 1977
The Departmental Report for .the month of January, 197'7, was received by
the Council, reviewed and ordered filed,.
?84
CITY. COUNCIL FEBRUARY 8, 1977
ARROYO GRANDE, CALIFORNIA PAGE 2
1~UEST TO RESCHEDULE TIMING REQUIREMENTS ON OAK PARK ACRES(KVIDT~
The Council read a letter from Reuben Kvidt, General Partner of the Oak
Park Acres development, requesting permission to reschedule the timing require-
ments for the improvement of Oak. Park Boulevard from the edge of Parcel 7 to the
point that Noyes Road abuts Parcel 12o Mr. Kvidt was present along with the
development's engineer, Larry Rohloff. Mro Kvidt then explained,. with the use
of diagrams, certain improvements being planned beyond what is required,. as
follows: an equestrian underpass is planned in the Greenbelt Parcel 13, where-
a cattle underpass now exists, which will be constructed large enough to enable
a person to ride a horse underneath. To do this, several modifications to the
road are necessary,- one being to elevate the road about 6° where the underpass
will be put in, and secondly in order to get line of sight and make it safe,
some of the high ground will be cut and low points filled, which Engineer
Rohloff explained in more detail. Costs of the added. modifications are out of
proportion of what it would normally be for development of a parcel the size of
#7 and #5 or #4, so he is seeking some sort of relief from the requirement of
3.e. of Ordinance No. 141 C.S. with the development of said parcels, seeking to
delay the improvement of Oak Park Boulevard from the north side of Parcel 7 up
to Oak Park and Noyes. The Council and staff discussed the matter. Mro Kvidt
stated the whole project would be completed within ten years. The Council
generally agreed that the described modifications proposed for Oak Park Boulevard
are good and necessary, and generally approved the delay, providing it is
limited to 1~ years or the development of Parcel 11, whichever comes first. The
change requires an amendment to Ordinance No. 141. CmS., therefore the City Staff
was directed to come up with its recommendations to be brought back to the
Council for its consideration.
SET STUDY SESSION - CAPITAL PROJECTS PLANNED FOR 1977 7$ FEB 15 1977 4 P M
Administrator Butch recommended., and the Council agreed, to hold a study
session om Tuesday, February 15, 1-977 at 4 Porto on Capital Projects planned for
1977-?$ using both revenue sharing funds and regular funding.
RECEIPT OF MINUTES - HUMAN RELATIONS COMMISSION
The minutes for the January 12, 1977 meeting of the Human Relations
Commission of South San Luis Obispo County, were: received and. reviewed.
REPORT - RECENT MEETING OF AREA PLANNING COORDINATING COUNCIL - SPIERLING
Councilman Spierling reported on the February 3rd meeting of the San
Luis Obispo County and Cities Area Planning Coordinating Council. The major
topic of discussion had been a proposed resolution to co-sponsor a citizen forum
with the League of Women Voters. The educational forum would be on the issue of
"The Role of Planning and Growth Management for San Luis Obispo County". The
League had applied for and received a grant in the amount of $12U0 from the
Environmental-Protection Agency to-help defray costs of the forumo The purpose
of the forum. is to provide an objective, educational forum where the- issues are
explained and explored. Cuesta College has offered its facilities for March 11-th.
and 12th and the general public will be invited. A motion in the Planning Council.
to support this forum failed however. Councilman. Spierling felt the issues were
of interest and requested that each of the c-ities endorse the forumo The Council
gave its general support for the- holding of the Citizens' Forumo
The Council also received and reviewed arguments submitted for and against
the forming of a Transit District in the County, which question will be put to
the voters at the March 8th a action.
SET PUBLIC HEARING - REVERSION TO ACREAGE ON LE POINT TERRACE: 2/22/77
Administrator Butch reviewed the background of a request previously
received from Lenzi & Meagher Construction,. to convert 14 small lots on Le Point
Terrace, between Le Point and Crown Streets, to acreageo The Planning Commission
had again determined that this process is categorically exempt from any.
environmental. determinations A public hearing on the matter before the Council:
has been set for 8:00 P.M. on February 22, 19770
RE-REJECTION OF CLAIM AGAINST CLTY - OLSEN
City Attorney Shipsey reported that the City's insurance carrier has
recommended. the Council re-reject the claim against the City by Charles and
Doris Olsen,, because of the statute of limitationso After Council discussion,
a motion was made by Councilman Spierling,. seconded by Councilman Schlegel and
carried, re-rejecting a claim against the City hy-Charles and Voris Olsen.®
2~5
CITY COUNCIL FEBRUARY 8, 1977
ARROYO GRANDE,,. CALIFORNIA PAGE 3
AUTHORIZE SALE OF SURPLUS EQUIPMENT, TOOLS AND MISCELLANEOUS ITEMS
The Council reviewed a listing of surplus equipment, tools, vehicles and
miscellaneous items, proposed for sale at .a public bid- to be held February 26,-
1977. A full listing of said items are- on file in the-City Clerk's office.-
After Council discussion, a motion was made by Councilman 5pierling, seconded by
Councilman Gallagher and unanimously carried, authorizing the sale of various
items surplus to the City's needs, at a sale by public. bid to be held February 26,
1.977-from 10 AoM. to 12 noon at the City's Corporation Yard.,
REPORT - RECENT COUNTY WATER RESOURCES ADVISORY COMMITTEE MEETING - GALLAGHER
Councilman Gallagher reported on the February 2nd meeting of t e County
Water Resources Advisory Committee, stating discussion had been held an the
Morro Bay water supply problems and that three wells will: be drilled in: the
sandspit to get some idea of the waterqualityo
AUTHORIZE-CALL FOR BIDS - IMPROVEMENT ACT OF 1911,SHORT.FORM - DEL SOL STREET
The Council reviewed tentative schedules for the improvement of De1~So1
Street, under the Improvement Act of 1911, Short Form, to include grading,.
installation of curbs, gutters, sidewalks, driveway aprons, and paving of
said street. According to the Tentative Schedule proposed by Public Works,
the project will be completed. in April. After Council discussion, a motion
was made by Councilman Spierling, seconded by Councilman Gallagher .and carried,
authorizing calls for bids. be made-for concrete work (curb,_gutter, sidewalk
and driveways) and paving, for the. improvement of Del Sol Street.
APPROVAL OF PARCEL MAP. AG 77-02, 1065 ASH ST. (HAYS & TUCKER)- - HELID OVER
Consideration of Parcel. Map AG 77-02 reflecting a lit split at 1 5-Ash
Street, requested for approval by Hays and Tucker, was held over:,
GRANT VARIOUS SEWER HOQK-UP TIME EXTENSIONS: BABCOCK: LAUTHBURY: PORTWOOD
The Council reviewed with Director. of Public Works Anderson, severs]:
requests for extensions of time to hook-up their properties to the City°s sewer
system. After. Council. discussion, the following actions were taken:- A motion'`
was made by Councilman Spierling, seconded by Councilman Gallagher and carried,
granting Mr. & Mrs. W. P, Babcock a one-year extension of time to hook-up 22.1
Corbett Canyon Road to the City°s sewer system, subject to any problems with the
existing-private disposal system or further development of .this parcel:o
A motion was made by Councilman Schlegel,, seconded by Councilman Gallagher
and unanimously carried, granting Patricia Eo Lauthbury an additional 6U-day
time extension to hook-up 225 Tally Ho Road to the City°s sewer system..
A motion was made by Councilman Gallagher, seconded by Councilman Spierling
and unanimously carried, granting Owen Jo.Pertwood, 641 Lancaster Drive, Arroyo
Grande, a six®months time extension to hook-up 60D Del Sol to the City°s sewer
system.
RESOLUTION ADOPTION - RESCIND RESOLD 1271 RE ABANDON OF EASEMENT(RUTH ANN WAY)
The Council reviewed a report from kirector of Public Works Anderson,
advising. that a previously received r~~~~st from Don McHaney that the City
abandon a port~.on of an easement in Lot 1 of Tract 554, Ruth. Ann Way, could not.
be accomplished as research of the matter revealed the City does not have any
titled interest in this 15' easements After Council. discussion,-City Attorney
Shipsey read the title of a resolution rescinding Resolution Noa 1271p thereafter.,
a motion was made by Councilman Schlegel, seconded by Councilman Gallagher anc
unanimously carried, to dispense with reading the balance of this resolution.
RESOLUTION N0. 1271
A RESOLUTION RESCINDING RESOLUTION NO® 1271 FIXING A TIME
AND PLACE FOR A PUBLIC HEARING TO CONSIDER ABANDONMENT OF
A PUBLIC UTILITY EASEMENT ON LOT 1 IN THE RUTH ANN WAY
TRACT WITHIN THE CITY OF ARROYO. GRANDE.
On motion of Councilman ~pierling, 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 February, 1977.
f` ass
CITY COUNCIL
ARROYO GRANDE,. CALIFORNIA
FEBRUARY. B, 1977-
PAGE 4
RECEIPT OF OFFICIAL NOTICE DENYING CITY'S APPLICATIONS FOR GRANT FUNDS
The Council received and reviewed two notices from the U.S. Department
of Commerce,. officially denying. the City's applications for grant funds under
the Public Works Capital Development and Investment Act of 1976, for-storm
drain and water distribution system construction.
NOTICE RE. CREEK CLEANING. BY CAMP FIRE GIRLS
The Council received a notice that the Camp Fire Girls will be cleaning
the Arroyo Grande Creek, between Masan and Bridge Streets,. on March 19, 1977 as
part of their Birthdway Week of March 14th to 20th.
REVIEW OF LATEST LEGISLATIVE BULLETIN FROM LEAGUE OF CALIFORNIA CITIES
The Council reviewed the latest Legislative Bulletin from League of
California Cities, giving particular attention to two bills being considered
by legislators., SB 164. and SB 201. After Council discussion, a motion was made
by Councilman Spierling, seconded by Councilman Gallagher and unanimously
carried, directing that letters of opposition be sent to the City's legislative.
representatives regarding SB 164,-which would mandate the compulsory and binding
arbitration procedure-for use in labor disputes involving local government police
or fire personnel. After further Council discussion,- a motion was made by
Councilman Gallagher,- seconded by Councilman Millis and unanimously carried,
directing that letters of support be sent to the Gity's legislative representatives
regarding SB 201, which would enable cities and counties, in cooperation-with,
local school districts, to enact Quimby Act-type ordinances requiring developers
to dedicate land or-fees for use in meeting school facility needs arising out of
their proposed developments.
NOTICE FROM DEPT. OF TRANSPORTATION RE;-HIGHWAY 101 LANDSCAPING-
: The Council read a letter from the. local office of-the California Depart-
ment of Transportation, in response to an inquiry made by the City, stating that
no plans are being contemplated to further landscape Highway 101 through the
northern part of Arroyo Grande.. Councilman Gallagher suggested research be
done to see if this could be appealed. It was. also suggested that someone
from the Department of Transportation be requested to appear before the Council
and explain why more landscaping cannot be lone.
CONSISTENCY OF TRACT 555-WITH GENERAL PLAN & ZONING UESTLONED - STEELE
The Council received and reviewed a memorandum from. Madeline Steele,.
Arroyo Grande resident, questioning. the consistency of Tract 555 "Oak Crest
Subdivision"-regarding zoning and General Plan and its elements; resolution of
Prime I and II soils; and pointing out that some acreage of said tract has been
under cultivation until recently. Also submitted with the memorandum were
excerpts from the Office of Attorney General in response to an inquiry regarding
consistency of zoning.
REQUEST FOR STUDY RE. CUMULATIVE EFFECTS OF TALLY HO AREA DEVELOPMENTS-GALLAGHER
Councilman Gallagher requested that a study be made af'development-going
on in the Tally Ho-area in view of-the Knox Biil, keeping in mind cumulative
effects and. ramifications of the developments as they wouldeffect.water and
traffic on Tally Ho Road.. Councilman Millis fe]:t a study should be made
regarding the James Way Extension and whether it going' through would help ease
Tally HQ traffic problems.
NOTICE FROM P. G. & E. OF CITY'S 1977 ALLOCATION FQR UNDERGROUNDING UTILITIES
The Council read a letter from the Pacific Gas & Electric Company,
reporting that the City`s 1977 allocation for conversion of overhead electric
lines to underground. is $18,.000. Total amount now available in Arroyo Grande
for conversion projects is $2.2,445.
RECEIPT OF MEMORIAL BEQUEST FROM MRS. EMMA DOWELL WASHBURN
Administrator Butch reported that the City has received a $10,U00 bequest
in memory of William Hickman Dowell (July 26, 1863 - March 17,:1939) made by
Mrs. `Emma Dowell Washburn, his daughter-in-law. The bequest is to-be used for
playgroundr.equipment and./or a tennis court in Strother Park.- Mr. Dowell had
served as Justice o.f the-Peace in the City of Arroyo Grande,. having-been
elected first in 1914 to that position. The Council discussed the bequest with
much appreciation and gratitude,:whereafter a motion was made by Councilman
Millis, seconded by Councilman Schlegel and unanimously carried, accepting. the
generous gift of $10,000 from Mrs. Emma Dowell Washburn in memory of Justice of
the Peace William H. Dowell., and directing that a plaque of thanks and apprecia-
tion be presented to Mrs. Washburn.
zs7 ~
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA.
FEBRUARY 8, 1.977
PAGE.5
REQUEST FOR WAIVER OF APPEAL FIZING FEE (SIMMONS) _ DENIED
Mrs. Ray Simmons, 15U Tally Ho Road, requested a waiver be granted her
of the $50.00 fee required to file an appeal on the Planning Commission's
acceptance of-a Negative Declaration for Tract No. 625 "James Heights" on James
Way. She stated her feeling that the Planning Commission had not sufficiently
considered the Knox Bill whereby the cumulative effects of a development need
to be considered. It was her contention that the Planning Commission had erred
in its actions and therefore she should not have to pay a fee in order to have
it corrected. The Council discussed the matter at length and the City,Administra-
for read the rough minutes for the Planning Commission's meeting of February 1,
1977 when the Negative Declaration for Tract No. 625 had been approved.. The
Council continued discussion regarding the waiver request, and generally agreed
that the granting of such a request would be setting a precedent and in this
particular case not enough information had been presented to show definitely
that an error had been made., therefore the fee waiver request .was generally
denied.
ADJOURNMENT
On motion of Councilman Spierling, seconded by Councilman Gallagher and
unanimously carried, the meeting ad]ourned at 9:36 PmM. to 4:00 P.M. on_Tuesday,
February 15, 1977.
ATTEST: ~'Q--~ /
;(C.~~~-nom
CITY CLERK
~-
MAYOR