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Minutes 1977-03-08~ X94 CITY COUNCIL MARCH 8, 1977" ARROYO GRANDE; CALIFORNIA The ;City Council met in regular session with Mayor Gabe de Leon presiding, Up`o`ri-roll~caTl; Council Members `A1 Spserling, Matthew Gallagher, Jr., Calvin Schlegel and-Mark Millis reparted present, PLEDGE OF ALLEGIANCE AND INVOCATION - Mayor :de Leon led t e Pledge of Allegiance to our Flag; and immediatal.y thex'eafter Reverend Stanley Durham delivered the invocation, APPROVAL OF MINUTES - "The;minu es for~tkie regular adjourned meeting of February US, Y9'77 and regular. meeting of February 22, 1977, were approved as prepared. APPROVAL OF' WARRANTS ,,;,;,_ -On-motion of Councilman Schlegel, sec..nded by Councilman Gallagher and' `' unaniinously.carrled; Payroll Warrants. No ., A340 through No.. 8495, in the total... amount of;,S35,,.053.25;, and G'eneraI Warrants No. 610 through No.. 6170, in the totah,<amount of 599,261..53, veers approved and ordex'ed paid: REFER.-SO,,COUNTY_REGIONAL.CENTER MASTER PLAN 'TU PLANNING COMMISSION - _„,~ The Council read a letter from the County of San Luis 0 ispo s Planning Department, requesting the City inlt.iate procedures to have the South County Regional Center Master.Pl.an reviewed by the City Supervisor Howard Mankins was.•present,and reviewed that it as proposed that the Counr_il see the total picture of .the, project and proress it as a Planned Development.. He stated tkse EIR:will- be ready, in several weeks and cculd possdbly be heard at the same time with the Master Plan He then submitted a warren*_ in tine amount. of 512.5.00 to Finance Dixectar Bacon, as the County's sinaxe of .the v..°ezonang application fee. After Council-:discussion, a mct:ion was made: by Co,.ancilman Schlegel, secanded by Councilman Spierl~ng and carried, initiating the procedures for rezon.a.rg by referring the S~ruth,County Regional Master Plar, to the Planning Commission for i.ts review and., cecommendaticns. RECEIPT OF CERTIFY LATE OF RECOGNITION AWARD TO A G, POLICE DEPT, - V. E'e W,. The Council. was anforme3 that the Arx:oye Geande PoYice Department a:s beer. awarded a Certificate of Recognatian 4rom the Vetezar,s of Foreign Waxy. REQUESTFbR•TREE TRIMMING ON THE FYKE - STAFF TO NEGOTIATE WITH HALCYON The.Council :read a letter from Gera id L. Meyer, fl050 The Pike, requesting. that the eucalyptus trees on The Pike be trimmed to save: eryecgy by letting sun- shine thx•ough t. houses on the nor*_h si-de, and reduce maintenance aequired by the City crews after every rain. He d.id not request removaY of the trees, just trimming and removal of hazardous limbs and trees Administrator Butch reviewed the City's previous trimming of the trees and remo°. al. of hazardous ones, which had:. been negotaat_ed wit h. Mr. Foxgostean of the Community of Halcyon.. The Council discussed .the matter, agreeing that this wall be a oontanuing maintenance problem.that will.have to be worked out fox safety reasons After Council • discussion,.it was generally agreed that City Staff contact Mr~ Forgostein of "' Halcyon and review with him Mr. Meyer"s le*tea, erd ic,ok ove: the tree; ±o see if there are any dangerous ones. REQUEST FOR TREE REMOJHL ON PECAN STREET - WARD The Council read a letter from Mr.. and Mzs- MichaeY Ward, 4?0 Pecan S*_reet, .requesting the City remove two Cypress *.xees parti.aYl.y on x:heir property and partially in City right`of way, which present a dangerou=_ condition because. of splits noted in the trunk and a branch. A eeport an the matter fxcm City Engineer Karp stated that the center of the three trees at 4x0 Pecan Street. lee outside of the public right of way A cost estimate for removal of all three trees is approximately $800,00. He recommended that. the Council consider the removal of the three trees either at City expense or at some equitable split of costs with the Wards. Aftex'Council discussion, City~St.aff was directed to negotiate with the Wards for possible cost sharing for removaY of the ta-ees. NOTICE RE. YOUTH SN GOVERNMENT DAY - MAY 24, 197" Administrator Butch reported that on the rotation plan, this spring Ss this City`s turn to host the Youth. in Government Day activities for the high ' school government students. A tentative: date of Tuesday„ May 24, 1977, has been set for this event, as requested by Councilman Mall.is, State & Local Government Teacher at the hiyh sch~oY.. 9S CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARC13 ?, )~°7~l PAGE i. RESOLUTION FROM LOMITA SUFPORTLNG CONSTITUTli:NAL AMENp. q:3 kE. BUSING The Council read a letter and resolution from the: C'_ty of Lomita, urging support of Assembly Constitutional Amendment N:~. a3 to preven* the catrts in this state to order busing between sch~c,:s c:o a;hieva ir.t,egxsti;;n.. The Ccunci::c discussed the matter, generally agreeing with the motive of` thre amerdmsnc, but, feeling that it should be directed to the redetallr'ur'~1,1'c,:~m where the ~rdr.x for busing came. No action was taker. by the. Council. ~ DEPARTMENTAL REPORT FOR FEBRUARY, X977 The Council received, reviewed acrd ~rdezs::l t'iied, the Departmert.al Marthly Report for February, 7977, The Police Defy tments' ^~.atist,ic.al Summary Repaxt j was complimented and it was noted that aYl departments had a very busy mon.t'h,. REVIEW OF LATEST I,EGYS'LATIVE BULLETINS FROM LEAGUE OF CALIFORNIA C1T';ES The Counci'1 .xecei'ved and reviewed *.he llatest Legi.sl3tive BulletirrS feom ~ the League of California Cities, with part4cU~riz atc.et~rion e:o AB 3$9;whi.c31 wtauld clarify that the Statz Housing Element Gu±3plxnss azn rd:r~,".:y in ttdture; aBd SB 164 zegarding compulsory arbitration It[ pr:l~~~ Kn,i fxe departments, to whi.c.h -~~ the Council has already submitted lett+=rs cf app;;=_it.ion., AY=u rev'4.ewed was a letter fzom the League notifyiing that: e hear.'.,ng wilt be held e,n SB 20k, ;~. billi co-sponsored by the League which woaid prc'vide c~ci'as the: atthoxity r:o req".xire dedication of land or fees by developers to bk} used to meet kcal sc'nool needs generated by new de~relopment. Councl_Iman Galiwgilrc s~:y~est,~d the City Attorney check out the legality of a Ciiy demanding larud L'conr a deveLopeto and Courc!.lman Millis stated that maybe we should beccme :~ chaz°tee vity so ws van xetTn:ics this. ORDINANCE AMENDING ORp, 140 C~S„ RE., INiFRi?U'EMEN"..° "I'?twINU ON DAK FARK RD.-FIRvT READING Administrator Butch reviewed the oar.kgz+_rlnd of" t.:ne r=y;.eyt by Reuben Kvidt, developer of Oak Park Acres, for an amendment to Ordinance No.. F40 C.S, regarding the timing of improvements on a portion of .yak Fa,rk Read .i.n aonjuncti.on wtith the development of Oak Park Acres., He then rand„ in f[>ll, t.ha p.topasad ar`dinance, which the Council, after its reading, considered as the iixet reading of said ordinance for adoption. i HEARING - APP L RE NEGATIVE n~"CTnanmTON F'OR TRACT #E25oSINMON~" REFFR T'0 P C Administrator Butch informed the Counc,i,l that ebree appeals had been filed against Planning Commission decisions relating to NegatLve Declarations and categorical exemption, involving three separate areas of deve.lopmgnt, whin will be considered this evening.- The Council. agreed r.o oonsldsr each appeal separately.. He further stated that the City has no pr.oca:dure r?ctabl9.tstted fox.- appealing EIR related matters, except that. they must be #.xled w:iiphin ken days Pram the. Flannny Commiseion'e decieionr therefore, the 550.00 filling teas will be refunded tt~ eath of the three appeal applicants. He reprtrtad fur*.hsr that., a lecte:r. has beers recaive$ from Lenzi-Meagher Conatruc.t:ion Co„ dat.ad Febru;;ay 25a 9977, withdxaw.Lnq their request for abandonment. for a portion of Gxt Paint Perra~e, on whirs their project fronts. The Public Works pepartme-nt had recommended approval oi" Le Point Terrace abandonment subject to Lenzi=hleagher Conetcyaoti.on applying for a reversiora to dcxeage first of the 34 small P:ta;,, WiCh t.hx:; requeve wa.r::k!drrawal, can. ider'atien of two hearings set for this evening--the appe:ai oci the c.xragorical exemp*_lon and the reversion to acreage--have b~sen nul'lif'ied ac,~oc;3ing ':a Clt:y Attorney Shdpa;ey, The appeal of Mrs. Ray 5irrmrons wa= re3:k in f'c.:i, .a.ppea3.~ng the Flarirsr.ng COt[nnisaion'a approval Of a I~egatlva Ezr.V3.tuiaYnsTZka lre:!:t'iAnt.rta+:.iry';1 fc•x' Trzic:t NrJ., 6:?Sa "James Heights". Va.xl.ous City St.af'f repor•t.e! ve]I.>tin~.7 r.c+ till,.,,, •atatter wture: a.:2.szi reviewe.de Mayor de Leon then opened the mattc~u vip toy publi[~ input.., i'he i'ri:lcw~a:g ~~.~~ persons were present and spoke on the matter:. Mrs., Ray 5imm~;,n., 95q Ta.1.3.y Ho Road, stated that her appeal was against the Planning Convn,Ls.fon"s failure to consider. all other developments along with Tra^t N~ 5?5, an m:~:king its N~=gaci.ve Declaration determination. She quoted Eton[ the Fi,n-[irrg ';a,ncerets,s.i~n"s ms"nvtss for May 1 and May 75, 1973 meetings and coma,ers. t.,ad on tin= ~c tLrv ^.t5 5}-e tee l'.s [.3t~e three tracts of La Barranca, James Way end I«azmis Heigi,r,c- w.;lh,tla've on t:he s:.hoa.1 - system. She suggest'.ed solutions as fo'Liows, r. q ~3ai~ TaT~.l.y Rio Road off" t.h~=. mal, as a collector road and eliminate James way as a v:.7:L.escLOr read to a pr,.int .somewhere over in Oak Park oz on the Browne peapesty„ whi.cheve:[: road moms:, t,hrol>gh first, 2) require the developer of James Way t, xepl'.ac:e t:he tired c-u~:l.vexts as Lames Way and improve the entire culvert to Tally H.a Read to Ta17.y Hu Creeks 3) use Revenue Sharing Funds for schools, but she has since nee,l i.nfrrmed that th!s may sat be alloweds and 4) proceed with joint meetLng~ as _~et cp 'ber'~+xey w.i.th the pflannxng persona so the achoola don't have to go to bond,. 9~ c.r~rY cooNC1L ARROYO GRANllE, CALIFORNIA r>nRCn ~, .9•n PAGE 3 biaraaret 5+.,,ae, Ar.~~..r,.~,., r.a~.:.~ ~ ~ .~~~.~ ll;~.: :Cc ;e apPr": ..,.j,l.aUa1,1'A. contended that t1:f ?lanhlnr' ~:;mi?L55' ... .,: li ,~~` 'i'( ,,:T h%.~ ax9 3nVdl ld beCdUBe O.f- COnf 11Ct of ir,Cere;r. she ;tared chat us ';r P• ~,:•.~ ~,y ~?, Comminst.oners Morgan Matthews and W1lllan, Cie CCi~h are businras pdCtn4I5 W;lr, PdUl Sru,ct.:;;, WhG 1'; o part-OWnex of Gating 6 Tay.l~r, anc~ are ~hr- rngtr,er,.; cr ..lames Way: 8h,a felt Section 27760,5 of the Pub ii r. Reaource_ Core~has`~,!+`,~r;~utectr cited points of au~.hor.;ty regarding cumulative effect; and :rmmvnrxd~on c::;•acrnment Cods Section 65860 regarding consisrencp of the GenF:ral Plan with Zoniny, n:,l, Gating, Engineei for. Tract 625, made a rough diagram of drainage for 681d tYaCt and I,a 8arranca Estates (Tray-t 4537 and +.he two ponding areas planned, tie reviewed the various problems and obstructions of Tally Ho Creek itself, stating it might be improved tf, the property were a,ven to the Ctty to allow for a drainage culvert to be built, s „ r.-,bath Jackson, -09 Falc View, ye~e~*;oned Mr, Gering regarding the ponding ax~•3~~• whi•-h he answ~,_ed There being no further pribllc input an the matter, Mayor de'Lfcn declared the hearing closed. Thc. Council discussed th_e matter, indicating concern regarding the alloged conflict ci in+:e.rest anB that ~;hfe should be investigated by the City Attorney. Attorney '>tone pre::^nted City Htzarney Sh,pr,cy with a copy of the Fictitious Buy' n~:~~ ?;=;rt,~ far~•. •~ •,.~,h1' •.aci.:n showing r_ummissioners Matthews and r•rrri.;h to be ae-.:r:,i parto^,? :a a--b"us:n::;a r!am?d Pacific Plaza. City Attorney Shrpaey stated h: ;could .. - . :~,e ..,.tar t.o see if in fact a conflict of interest does exist., b~ ,~,~:::trc; t!;;: ~: .nCii .refer the matter of the Negative Decla:ratior, determine±rnr. ,;.r Pra•_c i;<i• Deck to the Planning Commission for its consideration of the c u,::_'...e cl.e.a points brought-forth-by Mrs. Simmons this evenings After Council discussion; a motion was made by Councilman Spiexling, seconded by Councilman Gallagher and and una_himously carried, referring the Negative,Declaret,ion drtecminatioh tnr Trn^t No. 625 back to the Planning Commis- sion for furt•hrx xeview, taking into ccnsidert..ion the various points of 'cumulative r,..fier.t hr-~~,;`. `. forth by Mrs, hay 5itmnan= in her appeal. 'J U The hearing to =onsider the appeal ct B'Ann Smit , town tee , tom the decision or` the Arroyo Gra nde Planniry C~mmiseicn chat t:le reversi on to acreage on Le Paln[ Terrace is to*_eg x itat;y exempt, was cancelled due to the r ~ HEARSNG CANCELLED - APFC,vL OF CATEGORICAL, EXEMPT. FOR ACREAGE REVERS withdrawal of the application for the Le Point Terrace abandonment., as prsviously reported ih the~.e rr:inute=. B'Ann Sm.r.h ask?d what happens nccu and whether no E1R will be required on the Crc,w:. Hii'_ deceiopment project City Attorney Shipsey explained that. this project will prooeed es no ETR consideration fci :t is requited under cbr Envir.irmer,tai Quality Act,, since the Cit.y's zoni.rg and General Plan ar~= consisterr. in this ec9a. Attorney Stone, repxesenci.ry Mts. omit h., stated ~her-disagreetnent witli the City Attorney`s findin3s, Ella Hcneyiurt; 560 Oak Hi11 Road, sugges~ed the City'.; EIR Guidelines regarding Cateyoric~I.Exemptions be patterned after those used by the County. HEARINCy - APPEAL RE. NEG. DECLARATION FOR TRACT #555iSTEELEI - APPEAL DENIED Administrator Burch read in lull the appeal :;1 Mr. Fred Steele, froth the Planning Commission's adoption of Resbluti.on No: 77-494 E1 R, accepting a Negative Declaratian for' Traot No. 555 on Huasna Road.. Various City Staff reports relating tc this matter ware also reviewed, along with letters from the fallowing: Albert Skidmore, 1101 Huasna Road, regarding the use of a portioh of the siiliject property; Maury Brannan, 7091 Huasna Road and Lowell D Kraatz, 1557 Hillcrest. Dri,re, addressing the specific poinr.s of the appeal Mayor de Leon then opened the hearing for pub Lin input The following persons were present and .poke on the mat*_?r. Madeleine Steele, 1598 Hillcrest Drive, read a statement prepared by her and Mr. Fred Steele, quesf.ioning the manner and form in which Resolution No: 7~-494 EIR was a::oepted by the Planning Commission. She.xeviewed the January 16, 7977 and February t, 1977 meetings of the Planning Comsission regarding discussion of Tract No, 555 and stressed that a definition of "cumulau ve" must be addressed, Attorney Stone, representing the Steeles, re-emphasized certain points of law, referring to the Public Resources Code 5eccian 21083; stating that the t.ia^t is inconsistent with the City's General Plan Elements of Con§ervation and Jpen Spa•.e; that wildlife has been seen at the pond in the tract; and that the Planning Commission's consideration had lacked mitigating factors and alternatives. • 1 ~ ~;_~ CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 8,.'i97"r FACE 4 ---29'a' `Lowell Krantz, }557 Hxllcrest, Tract No, 5i5 "Oak Czest" developer, stated he is not an "outside" developer, having lived here for of^er 22 years; that. the property has a 512,000 newer assessment on it based on R-i.develapmenty and refuted the cimtulative effect points brought forth, stating these are not part of the appeal. Mrs, Madeleine Steele -stated she had na quarrel wash the subdivision, :but just with the Negative Declaration. Bob Gaging, engineer for the tract, stated he is' an author of an EIR Book and how to prepare them, and clarified that the project is not what i.s being appealed Claude Devereaux, 203 N~ Alpine, requested the appeal be denied., There being no further public dis~ussior. on the ma<,ter, Mayor de Leon closed ,the hearing, The Council discussed the mataer at Serg*_h, Councilman Spiarling distributed a "Demographic Data" report for the Lucia Ma: Unified School. District - California State School. Tasting Program 19 `r5-76, regarding tl:e school°s pepulati.on, The Council generally ay reed than. any prime. sovl axesa .n the *_rsct would be *.oo small to make farming of them economac:ally feasible, pllus the proximity of residential areas would make this undesirable, The growth of schools would be a continuing problem, but Councilman Gallagher stated that. may be tae.lped by a new -,_ construction assessment being discussed and. ressarched, wh~:reby a square foot tax would be added to construction permits, for tbs scbaols° use. After Council dis- cussion, a motion was made by Councilman Schlegel., se^_onded by Councilman Spier]liT1g and on the following roll call vote; requested by Mayor de Leon, to wy,t: AYES: Councilmen Spier ling, Gal l.aghe r~, Schi.egei and Mayor de Lech: NOESs Norey ABSTAINED: Councilman Millis, the moton eareied denysng r.re 3ppral of Fred Steele, and upholding the Planning Commission's ad+cpti.:n of R~;c,i+xts~n Nc•. +±-494 El R, making a Negative Declaration detexrninar:an ar. P'rac:a. Nc... r55: °'Oak Crest", CONT'D PUBLIC HEARING - REVERSION TO A~RE5 ON LE POINT TERRA!'E - C'ANCE;LI~~ED The public heaxinq, continued f,:om the Council's a,yet-ng of F'ebr.uary 22, 1977, regarding revexsiun t.o acx saga on Le Pcin t: T~rxace of tote a-~4, Block 28-A, of Beckett's Crown Hill Addition, was rana2iled, as prsv~ou>'"y reported in these minutes. RECEIPT OF RABIES CLINIC INFORMATION - AN.IMA:L REGULATION ADVISURY COMMITTEE The Council reviewed a report di;tt~buted ai: the last. meeting of the Animal Regulation Advisory Committee, which showad the r:aspvnse by County residents to the January i5th rabies, rl,nnics and na;tnbs~x of licenses suYd. RECEIPT OF EIR FOR HOUSING ELEMENT GF GENERAL PLAN FCR GROV~R C'I'IY~ Administrator Butch informed the Couac.I that a draf*_ environmental impact report fox the Housing Element cf the General plan sor th»~ Cit.V of Grover City has been received and is or, file at City Halt, for anyone"= review,.' APPROVE AGREEMENT FOR RANCHO GRANDE EIR ._ The Council reviewed a proposed agreement, between the,C.ity and Stuhr, Dodson, Ward & Foster, for the preparation of an Envircnment:al Impact. Study on the Rancho Grande project, with the City t:o manage said cor,r.ract, A check in the amount of $9,845 was submitted to coven aonsul.tants° fens for this project, a_planned,development of the "Browne" prr,"perr_y on the east side of Highway 101. After,Counci.l discussion, a motion was made. by Cc>un:iJlm.an Sperling, seconded by Councilman Schlegel. and carried, aut:hoziai.ng the Mayor and City Clerk to sign,. on behalf,of the City, an agreement with Stuhr, Dod-con, Waxd & Fo:=.ker, '!'1+, for the preparatioq of an Environmental Impart Study on t.be Ranch, Grande project, f I j RECOMMENDATION RE. VACANCY ON DOWNTOWN EARRING ADVISORY BGARD NONE i No recommendation has yet been received to fill. a vaca~•xcy on the Downtown -. Parking Advisory Boardo AUTHORIZE RE-ADVERTISEMENT FOR INFORMAL BIDS - BUDGETED TRUCK Administrator Butch informed the Council 'that informal bids bad been received from the two local car~agehci.es for a 2-ton truck, cab, chass~ie and " truck bed. One of the bids however came in Sate and it. has been requested that informal bids be requested anew. After Council di.scusei:on, a motion was made by Councilman Gallagher, seconded by Councilman Spiel#ng and carri.d, authorizing re-advertisement for informal bids fox a twa-ton track, cab, chassis and truck bed.. REPORT - NEW PROPOSED STATE HOUSING ELEMENT GUI DF LINES Administrator Butch ir,foxmed the Counc:cl that a second draft on the proposed State Housing Element Guidelines .has been received and :s on file a* City Hall, CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCx a, 1.977 PAGE 5 -_-299 AUTHORIZE HIRING OF ARCHITECT FOR DEVELOPMENT OF VARIOUS PARKS - BRIMER - The Council reviewed a memorandum from Parks Director Gallop, recommending that Mr. Brimer be retained for architectural services for preliminary work in the 'development of La Barranca Park, Terra de Oro Park and Encinas Bonitas (Elm Street) Community Park. Approximately $1,000 is left in the account previously 'approved for Mr. Brimer and he suggested said funds be used for this purpose. 'After Council discussion, a motion was made by Councilman Schlegel, seconded by Councilman Spierling and carried, authorizing the retention of Mr. Brimer, using the balance the $1,000 for preliminary architectural services on La Barranca Park, Terra de Oro Park and Encinas Bonitas Park. RECEIPT OF PRELIM. REPORT - ELECTRICAL FORECASTING & PLANNING - E-. R. C. The Council was informed that the City has received a preliminary reporti on Electrical Forecasting and Planning from the State Energy Resources Commission. A copy is on file at City Ha11 for anyone's review. ~: SET PUBLIC HEARINGS - VARTOUS RECOMMENDATIONS FROM PLAN. COMM:'3/22/77 - -'`The Council reviewed various recommendations from the Planning Commission and direoted that each be set for a public hearing on March 22, 1977 at 8:00 P.M., as follows: a)"Rezoning Case No. 77-98, Ide, Nelson, Garden and Whiteley Streets, from?"R=2" to "R-1", as requested by residents in these areas; b) consideration of`proposed amendments to the Zoning Ordinance and proposed creation of an "O" "Open Space Zoned District, and "P-F", Primary Flood Plain Zoned District; c) proposed amendments to the S~.ibdivisi.on Ordinance; and d) a proposed ordinance requiring payment of fees in connection with new construction of buildings of every character, for parks and recreation purposes. NOTICE RE. CITIZENS FORUM ON PLANNING AND GROWTH MANAGEMENT: 3/12/77 - - The Council took note of a.citizens forum to be held at Cuesta College on`Marsh 12, 1977, sponsored by the League of Women Voters, regarding Blanning and Growth Management. Councilman Spierling urged Council Members and citizens to attend. APPROVE WORKSITE AGREEMENT WITH C~E.ToA. Administrator Butch reviewed that the City has been trying to work some projects out with the Comprehensive Employment and Training Act of 1973 (CETA) program to get aid for creek cleaning and other related projects, An agreement has been received which would facilitate the referral by CETA of eligible workers to the City. After Council discussion, a motion was made by Councilman Spierling, 'seconded by Councilman Gallagher and unanimously carried, authorizing the Mayor and'City Clerk to sign, on behalf of the City, an agreement between the City and -County of San Luis Obispo, Employment and Training Office, for workers to aid the City in several projects under the CETA program. `COUNCILMAN SPIERLING EXCUSED HIMSELF DUE TO A,.POSSIBLE CONFLICT OF INTEREST AND IS NOW ABSENT. - "LOOMIS HEIGHTS" 1 i City Attorney Shipsey read the title of an ordinance authorizing the exchange of easements by the City with John Miller, developer of Tract Noo 577; "'the'reafter-, a motion was made by Councilman Schlegel, seconded by Councilman Gallagher and unanimously carried, to dispense with reading the balance of this ordinance. ' ORDINANCE NO. 149 C.S. AN ORDINANCE OF THE CYTY OF ARROYO GRANDE AUTHORIZING EXCHANGE OF REAL PROPERTY EASEMENTS PURSUANT TO GOVERNMENT CODE SECTION 37351. On motion of Councilman Schlegel, 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 Ordinance was passed and adopted this 8th day of March, 1977. COUNCILMAN SPIERLING IS NOW PRESENT. f. ~;"°' ~`~ 30© ~~ CITY COUNCIL MARCH 8, 1977 ARROYO GRANDE, CALIFORNIA PAGE 6 REPORT - RECENT MEETING OF THE COUNTY WATER RESOURCES ADVISORY COMMITTEE Director of Public Works Anderson reported on his attendance o e March 2nd meeting of the County Water Resources Advisory Committee, stating that it was generally felt that the County is well off as far as water supplies. A report had been heard regarding weather modification (cloud seeding). APPROVE PARCEL MAP AG 77-01, MYRTLE STREET (MORROW) City Engineer Karp reviewed with the Council, Parcel Map AG 77-01, reflecting a three-parcel lot split (Case No. 76-253), located on the north side of Myrtle Street between Stanley Avenue and Garden Street. After Council discussion, a motion was made by Councilman Schlegel, seconded by Counci]man Spierling and unanimously carried, finding Parcel Map AG 77-01 to be consistent with the City's General Plan and Zoning, accepting, on behalf of the public, the dedication of Parcel D for greenbelt and park purposes, and the Flood Control Easement as shown on Parcel Map 77-01, and approving said Parcel Map. RECEIPT OF BIDS & AWARD OF CONTRACTS: DEL SOL IMPROVEMENT - HERMRECK 6 SULLY-MILLER The Council reviewed a report from City Engineer Paul Karp, regarding bide received and opened at 2 P~M. on March 3, 1977, for improvements on Del Sol Street, as follows: _ PRQ7ECT N0. 90-76-2 - CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS & CROSS GUTTERS BIDDER TOTAL SID M.J. HERMRECK, INC. P.O. Box 217, Nipomo, CA 93433 515,947.00 MADONNA CONSTRUCTION CO. P.O. Box 910, San Luis Obispo, CA 93406 22,896,00 GUS HOWIE CEMENT CONTR. 1813 Marsha Dr., San Luis Obispo, CP, 93401 22,440.00 PROJECT N0. 90-77-1 - STREET PAVING OF DEL SOL 8 TOTAL BID M.J. HERMRECK, INC. $ 6,125.00 SULLY-MILLER CONTRACTING COMPANY 3555~Vineyard Ave., Oxnard, CA 93030 1 5,632.00 MADONNA CONSTRUCTION CU. 6,430.00. A. J. DIANI _ 295 N. Blosser Rd., Banta Maria, CA 93454 6,225.00 He further reported that all bide were checked and Pounfl in order. He recommended awarding contracts to the low bidders for each project. After Council discuseioa, s motion_wae made by Councilman Schlegel, seconded by Councilman Millie an8 unanimously carried, accepting the low bid of M. J. Hermreck in the amount of 515,947.00 and awarding the contract Por Project No. 90-76-2 for concrete improvements on Del 801 Street to sai8 Firm. After further Council discupeion, a motion was made by Counci]snan Schlegel, seconfla8 by Councilman Gallagher and unanimously carried, accepting the low bid of Sully-Miller Contracting in the amount of $5,632.00 and awarding the contract for Project No. 90-77-1 for street paving of Del Sol Street, to said firm. REPORT - RECENT SOUTH_COUNTY_4CATER ASSOCIATION MEETING - 3PIERLING Councilman Spierling reported on the February 24, 1977 meeting of the .South County Water Association, an8 reviewed with the Council various charts and statistics received at said meeting, regarding present, past and projected consumption of water and water reaourcea~to meet future demands Por water, taking into consideration precipitation, Lopez Lake, and the Arroyo Grande groundwater basin. p4M9F.AQ REpO°_a_T - PROPOSED VALLEY ROAD IMPROVEMENT The Council read a letter from County Supervisor Mankins, regarding the proposed County-C1ty joint project of improving Valley Road between the high school an8 the south City Limits. Acquisition of necessary right of way for the project, particularly in the area of the "S" curve, has been thwarted as the property owner is unwilling to sell his land. The project cost is roughly estimate8 at S90,000. The Council discussed the matter, agreeing that everything?'., CITY COUNCIL ARROYO GRANDE, CALIFORNIIA MARCH 8, 1977 PAGE 7 possible should be done to yet this project going. Mayor de Leon appointed Councilman Gallagher, Administrator Butch and City Engineer Karp to work with the involved property owners on Valley Road, to see if something can be worked out regarding acquisition of the required right of way. RECEIPT OF DRAFT COPY OF THE CALIFORNTA TRANSPORTATION PLAN City Engineer Karp reported that a draft copy of the California Tran~- portation Plan has been received and will be reviewed by the Transportation Adviaory Committee tomorrow. He stated that it hoe been revised, but still appears to be controversial. He will keep the Council advised. 301 Administrator Byteh reviewed several additional requests received for time extensions to hook-up to the sewer system. After Council discussion, a motion was made by Councilman Schlegel, seconded by Councilman Gallagher and unanimously carried, granting 60-day extensions of time to the following property owners: Evelyn E. Tallman, 532 Carol Placer Dan Lemke, 1690 Sierra Drivel and Leslie J. Ringo, 379 Pecan Place. If said properties are not in the process of hooking up to the sewer at the end of the time extension, the matter will be automatically turned over to the City Attorney for handling. 'A request was .reviewed from the South County Convalescent Center for an extension of time until!".January, 1978, *_o hook-up to the sewer as they are in the process of adding a~~new wing to their existing building. After Council dis- cussion, a motion was made by Councilman Spierling, seconded by Councilman Gallagher and unanimously carried, granting the South County Convalescent Center a time extension until. January; 1978, to hook-up 1212 Farroll Avenue to the City's sewer. PROGRESS REPORT - SO. SAN LUIS OBISPO COUNTY SANITATION DISTRICT The Council received, reviewed and ordered filed the monthly report for February, 1977, from the South San Luis Obispo County Sanitation District. Ll1 J\.UJAIVR RL• RU1R L'LLVLV 'dWHI RGl bill L1W11N11VR - Rn.d BR LV D1AG! CV1( A'1VVI The Council reviewed a letter from Richard Kubel and Lazaro Estrada, builders of a house at the corner of Ruth Ann Way and Brighton, and reports from the City's Building Department, regarding problems being encountered with the 18' height limitation placed on houses to be built in the Ruth Ann Way Tract. it appears an error was 'made in determining the measurements for the height limitation. The construction is to the floor joist stage and it appears that only a flat roof would come within the 18' height limitation, which the builders feel is undesirable. Various persons present spoke on the height limit. matter. The Council received copies of Ordinance No. 138 C.S. which established the building height limit. After Council diooueoion, o n:oaien v.e made by oeueesl- aian eallagner, eecondeaby Councilman Schlegel and carried, referring this problem to the staff' for their study with the persona involved in the subject- construction, and come back to the Council with their recommendations, keeping in mind the effect of the height limitation on the rest of the development. NOTICE RE. RESULTS OF CITY'S SURPLUS SALE Administrator Butch reported that the City made $3,000 at its recent sale of surplus items. . NOTICE RE. PROPOSED WORKSHOP~FOR CITY OFFICIALS The Council received notice that the Monterey Bay Area Regional Training '~ Center is working towardlithe holding of a workshop in this area in May, for elected officials. The Council Members indicated interest in attending such ~ a workshop. ~ i `~. AUT1iORIZE VILLAGE FAIR SIDEWALK SALE: APRIL 1ST & 2ND On motion of Councilman Schlegel, seconded by Councilman Gallagher and unanimously carried, the~'Arroyo Grande merchants were authorized .to conduct the annual Village Fair Sidewalk Sale on April 1st and 2nd, 1977. STATUS REPORT - APPLICATIONS FOR GRANTS UNDER PUBLIC WORKS ACT Administrator.Butch reported that there might be a good possibility that the City's applications for grant funds under the Public Works' Employment Act of 1976, for two water distribution projects, may be funded if additional funds under the Act are appropriated.~~ CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH B, 1977 PAGE 8 PROCLAMATION - INTERNATIONAL DEMOLAY WEEKS MARCH 13 - 20 1977 As res=uested s Ordsr of Demolay, Mayor de Laon eolared the seek of Maroh 13 through 20, 1977, as International Demolay Week in the City o! Arroyo Grande. ~~`~Z• 1~.iy~_a~y On motion of Councilman Gallagher, eeconde8 by Councilman 8pierling and unanimously carried, the meeting adjourna8 at 11s10 P.M. until 400 P.M. on Wednesdsy, March 9, 1977. nn ~ ATTEST s ~ `~.yy,~~ i~/~-c_ CITY CLERK MAYOR