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Minutes 1977-06-28365 CZTY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 28, 1977 The Citry 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 Millis reported present. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor de Leon led the Pledge 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 WARRANTS On motion of Councilman Schlegel, seconded by Councilman Gallagher and unanimously carried, Demand Warrants No. 6677 through No. 6742, in the total amount of $14,902.13; and Payroll Warrants No. 8974 through No. 9080, in the ~^~ total amount of $60,955.94, were approved and ordered paid. INVITATION TO SMALL CITIES ROUNDUP IN KING CITY - 8/4 & 8/5/77 The Council reviewed an invitation to attend a Small Cities Roundup sponsored by the League of California Cities in King City on August 4th & 5th. REQUEST FOR FEE EXEMPT BUSINESS LICENSE - UNIFICATION CHURCH - DENIED The Council reviewed a letter from the Holy Spirit Association for the Unification of World Christianity, headed by Rev. Moon, requesting a fee exempt Business License to solicit in the City on a "person-to-person basis with a gift offered in return for a donation". "Rev. Larry Lorenz, Faeh Street, protested the granting of the license, feeling the program is vague and does not give anything to this community, After Council discussion, which generally concurred with Rev. Lorenz's comments, a motion was made by Councilman Schlegel, seconded by Councilman Spierling and unanimously carried, denying the request of the Unifica- tion Church for a fee exempt Business License to solicit funds within the City. Tom Higdon, Arroyo Grande, mentioned that said organization is already soliciting in the City without benefit of a permit.. REQUEST FOR REPRESENTATIVE FROM CITY ON E.O.C. BOARD The Council reviewed a letter from the County Administrative Office, requesting that a representative from the City be appointed to the Economic Opportunity Commission Board (EOC). The Council had previously appointed Councilman Gallagher to this position, and he stated that he has been attending the EOC Board meetings. NOTICE RE. GRADUATE FROM FIRE ACADEMY - BAUTISTA The Council was informed that Volunteer Fireman David Bautista graduated from the Allan Hancock College Fire Academy, earning a Certificate as a Fire Fighter I. It was also noted that he had been Class Valedictorian. David was commended and praised for his accomplishments, by the Council. MUNI. CODE AMEND. - ORDINANCE ADOPTION - "PF" & "-SF" FLOOD PLAIN DISTRICT PROVISIONS City Attorney Shipsey read the title of an ordinance amending the Municipal Code by adding provisions for the establishment of "PF", Primary Flood Plain Districts and "-SF", Secondary Flood Plain Combining Districts; thereafter, a motion was made by Councilman Schlegel, seconded by Councilman Spierling and unanimously carried, to dispense with reading the balance of this ordinance. "~~ ORDINANCE NO. 158 C.S. ~, AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY ADDING ARTICLES 36 AND 37 TO CHAPTER 4 OF TITLE 9 TO PROVIDE FOR A '~' PRIMARY FLOOD PLAIN DISTRICT AND A COMBINING SECONDARY FLOOD PLAIN DISTRICT. On motion of Councilman Spierling, seconded by Councilman Gallagher and on the following roll call vote, .to wit: AYES: Councilmen Spierling, Gallagher, Schlegel, Millis and Mayor de Leon NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 28th day of June, 1977. ADOPTION OF AMENDMENTS TO SUBDIVISION ORDINANCE - HELD OVER Adoption of certain amendments to the Subdivision Ordinance was held over as requested by City Staff to give them additional time to study the ordinance as prepared by City Attorney Shipsey. -~ APPROVAL OF MINUTES The minutes of the regular adjourned meetings of May 31 and June 8, and the regular meeting of June 14; T977; were approved as prepared. 366 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 28, 1977 PAGE 2 _ _„ APPOINTMENTS & REAPPOINTMENT OF VARIOUS CITY COMMISSIONERS Mayor de Leon stated there are two vacancies on the Planning Commission and one on the Parks & Recreation Commission which need to be filled. Councilman Millis insisted that this agenda item was discussion of the Committee to recommend Commission appointments, as previously suggested by the Mayor. Mayor de Leon pointed out that the City Attorney had advised that a Committee of three or more would fall under the Brown Act and have to be open to the public. He further stated that as two vacancies exist on the Planning Commission, it is difficult for said Commission to function, especially if, as happened at its last meeting, one member was absent and another had to excuse himself due to a possible conflict, which left only three Commissioners to consider a public hearing item. As time was of the essence, he stated he would make recommendations for appointments as is the policy under the present City Ordinance. Council discussion continued on the matter, with Councilmen Millis and Gallagher stating that a better system of appointing Commissioners needs to be devised. After further Council discussion, Mayor de Leon nominated Lawrence Vandeveer, 756 Myrtle, to the Planning Commission, to replace Morgan Mathews who recently resigned, Councilman Schlegel seconded the nomination and on the following roll call vote, to wit: AYES: Councilmen Spierling, Schlegel and Mayor de Leon; NOES: Councilmen Gallagher and Millis, Mr. Vandeveer was appointed to the Planning Commission, with his term to expire June 30, 1979. Councilmen Gallagher and Millis recommended appointment of Ron Harris and/or Beverly Simmons to the Planning Commission. Mayor de Leon nominated Mike Miner, of Miner's Appliances in Arroyo Grande, to the Planning Commission. Councilman Schlegel seconded the nomination and on the following roll call vote, to wit: AYES: Councilman Schlegel and Mayor de Leon; NOES: Councilmen Spierling, Gallagher and Millis, the nomination failed to appoint Mike Miner to the Planning Commission. Mayor de Leon stated he had talked to Planning Commissioners Cole and Hitchen, whose terms are expiring June 30, 1977, and they had indicated a willing- ness to serve additional terms on said Commission. Mayor de Leon nominated Doug Hitchen for reappointment to the Planning Commission, which was seconded by Councilman Spierling and on the following roll call vote, to wit: AYES: Council- men Spierling, Gallagher, Schlegel and Mayor de Leon; NOES: None; ABSTAINED: Councilman Millis, Mr. Hitchen was reappointed to the Planning Commission with his term to expire June 30, 1980. Mayor de Leon then nominated Pearl Cole for reap- pointment to the Planning-Commission, which was seconded by Councilman Schlegel. After Council discussion, and on the following roll call vote, to wit: AYES: Councilmen Spierling, Schlegel and Mayor de Leon; NOES: Councilmen Gallagher and Millis, Pearl Cole was reappointed to the Planning Commission with her term to expire June 30, 1980. The qualifications of Ronald Harris, attorney and real estate broker, were discussed by the Council. After Council discussion, Mayor de Leon nominated Ronald Harris to the Planning Commission, to fill the vacancy created by the recent resignation of Hugh Pope, Jr. Councilman Gallagher seconded the nomination and on the following roll call vote, to wit: AYES: Councilmen Gallagher, Millis and Mayor de Leon; NOES: Councilmen Spierling and Schlegel, Ronald Harris was appointed to the Planning Commission, with his term to expire June 30, 1.980. Mayor de Leon nominated Frank P. Bentley for reappointment to the Parks & Recreation Commission, which was seconded by Councilman Spierling and unanimously carried. Mr. Bentley's term will expire June 30, 1980. Mayor de Leon nominated Sonia Wagner for reappointment to the Parking & Traffic Commission, which was seconded by Councilman Gallagher and unanimously carried. Mrs. Wagner's term will expire June 30, 1980. APPOINTMENT OF REP. TO SO. COUNTY HUMAN RELATIONS COMMISSION - HELD OVER Appointment of a representative to the South County Human Relations Commissi®n was held over, as requested by Mayor de Leon. ORDINANCE FIRST READING - LICENSING & REGULATIONS FOR BINGO GAMES City Attorney Shipsey read the title, for its first reading, of an ordinance providing for the licensing and regulation of bingo games by certain non-profit organizations; thereafter, a motion was made by Councilman Schlegel, seconded by Councilman Spierling and unanimously carried, to dispense with reading the balance of this ordinance. RECEIPT OF FIRST QUARTER SALES TAX & CIGARETTE TAX REPORT The Council reviewed a report from the City Administrator showing receipts from the first quarter of Sales Tax Revenue and Cigarette Tax for March, April and May of 1977. Sales Tax Receipts are $96,166, an increase of ..19a~ over the same quarter in 1.976. _ _ `3s7 CITY COUNCIL JUNE 28, 1977 ARROYO GRANDE, CALIFORNIA PAGE 3 RECEIPT OF APPEAL ON BADEN LOT SPLIT NO. 77-267 - JACKSON The Council reviewed an appeal filed by Mr. and Mrs, Allen Jackson, 208 Fairview Drive, relative to the Planning Commission's approval of a Negative Declaration for Lot Split Case No. 77-267 at 1385 Brighton Avenue, applied for by S. Baden. Doug Hilton, attorney representing the present owners of the subject property (H. Severn), stated that most of the conflicting interests between the property owner and neighbors have been resolved except for the traffic problem, which will be resolved if a denial strip to keep Brighton closed from becoming a through street is accepted as a mitigating factor in the Negative Declaration. Attorneys for both sides have made an agreement that if the foregoing is included in the Negative Declaration, then the appeal will be withdrawn. Margaret Stone, attorney for the Jacksons, was also present and reiterated the resolution as set forth by Attorney Hilton. Considerable Council discussion was held regarding the impact on the City's traffic pattern Brighton Avenue will have if it remains closed to through traffic in view of additional development in that area. The Council received reports from the Police and Fire Chiefs discouraging this closure. Director of Public Works Anderson stated he felt the closure would detract from circulation in the area and cause problems, as the street is needed -- for circulation, which comments were reiterated by City Engineer Karp. Discussion was held about the possibility of terminating Brighton Avenue (where it ends now) in a cul de sac pattern. Attorney Hilton pointed out that this would require a design change, but City Engineer Karp stated no plans have been submitted to the City as yet. After further Council discussion, a motion was made by Councilman Millis, seconded by Councilman Gallagher and carried, approving the Negative Declaration for Lot Split Case No. 77-267 with the inclusion of a mitigating measure that a barrier or denial strip be placed on the easterly side of the Severn Property on Brighton Avenue, so as to prohibit through traffic on Brighton Avenue, between Courtland and Fairview. City Engineer Karp stated that the City's Circulation Element of the General Plan shows Brighten as a through street.Therefore, when the Lot Split comes before the Council for approval, he will not be able to recommend that the Council find said Lot Split to be consistent with the General Plan, as the foregoing Council action makes it inconsistent. Attorney Hilton emphasized that the basis of the agreement between he and Attorney Stone is that the development not be held up any longer but proceed, and if the time factor cannot be met, then the agreement cannot be held. The Council discussed the time element involved in changing the Circulation Element and generally felt it could be done within 28 days. Attorneys Hilton and Stone requested time to consult with each other on the matter and come back to discussion of this item later in the meeting, which was granted. Later in the meeting Attorney Hilton reported that if in the future it is found that the closure of Brighton is unsafe, then the present agreement would not be binding on future Councils. After further Council discussion, a motion was made by Councilman Millis, seconded by Councilman Gallagher and carried, referring. to the Planning Commission the recommendation that the Circulation Element of the General Plan be amended so as not to reflect Brighton Avenue as a through street. and that said Commission set its public hearing on the matter for July 19, 1977 with the Council's public hearing on their recommendation being tentatively set for July 26, 19770 REVIEW OF LEGISLATIVE BULLETINS FROM LEAGUE OF CALIFORNIA CITIES i The Council reviewed the latest Legislative Bulletins from the League of California Cities, noting with appreciation that SB 164, "Compulsory and Binding Arbitration" had been defeated. The Council directed the City Administrator to write letters of thanks to each legislator who had voted against this bill. • PRESENTATION OF PRELIMINARY DEVELOPMENT PLANS FOR VARIOUS CITY PARKS - GRIMMER Mr. Richard Brimmer, the City's Landscape Architect Consultant, presented and explained in detail the preliminary development plans for the La Barranca and Terra de Oro neighborhood parks and redevelopment of Encinas Bonitas Community Park. He emphasized that the thrust of the neighborhood parks is toward the younger and older people. The Council discussed the plans and commended Mr. Brimmer for them. Councilman Millis suggested some sort of barrier be placed between the small pay area and Elm Street at Encinas Bonitas Park, which Mr. Brimmer said could be incorporated into the plans. JOB DESCRIPTION FOR POLICE DEPT. YOUTH SERVICE OFFICER The Council reviewed and commended the description of the proposed purposes and functions of the City's new Youth Service Officer (juvenile officer). Police Officer Roy Gibson has been chosen for this position, and the City has received a $1,000 scholarship for his training in this field. 36~ CITY COUNCIL ARROYO GRANDE,~CALIFORNIA JUNE 28, 1977 PAGE 4 RECEIPT OF DRAFT OF PLANNING & RESEARCH URBAN DEVELOPMENT STRATEGY FOR CALIF. The Council was informed that the City has received a copy of a review draft of the State Office of Planning and Research's booklet on Urban Develop- ment Strategy for California. It is mainly geared for larger areas such as San Francisco and Los Angeles, but a book is being worked on for smaller cities. SET STUDY SESSION RE'. INPUT FROM TOWN MEETINGS: 6/29/77, 7:30 P.M. The Council set a study session for Wednesday, June 29, 1977 at 7.:30 P.M. to review and discuss the input received at the recent Town Meetings: REPORT - FIVE CITIES TRANSIT SYSTEM COMMITTEE MEETING - SPIERLING Councilman Spierling reviewed with the Council, the minutes of the June 23, 1977 meeting of the Five Cities Transit System Committee, at which the route approved by various governmental entities was determined to be acceptable to all. The system includes three buses with two enroute and one as a back-up. Consensus of the Council was that it supports the recommended South County transit proposal and gave its approval to proceed with the plan and a joint powers agreement. REPORT - RECENT COUNTY AREA COUNCIL OF GOVERNMENTS - SUPPORT SR. VAN-CONCEPT Councilman Spierling reported on the June 24th meeting of the County Area Council of Governments, stating that funding of the Elderly/Handicapped Trans- portation Plan was the major item of discussion, with the Area Council going on record asking every agency to fund the system in its area. The seniors are asking for operating costs and insurance expenses and a real problem will develop if this is not funded next year. The Board of Supervisors will put up $400 for the July insurance premiums. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Schlegel and unanimously carried, supporting the concept of the Senior Van Transportation Program. NOTICE RE. RESOLUTION OF PROPERTY DISPUTE - TRACT NO. 600 (GREENWOOD) The Council reviewed a report from Planning Director Gallop regarding Tract No. 600 (Greenwood Property). He reported that a meeting had been held among a representative of Mr. Charles Greenwood and the property owners disputing the property lines of Parcels A. C and D, as shown on Tract Map No. 600, in an attempt to resolve the overlapping claims. As a result of said meeting, it was agreed that Mr. Greenwood would Quit Claim all interest to the owners of Parcels A through D when the subdivision map .is filed, to eliminate any future problems and eliminate any potential of a discrepancy between the City's ownership in Parcel 6 (which Mr. Greenwood is dedicating for park land). The Council commended the solution arrived at and a suggestion was made that a plaque be placed on Lot 6 of Tract 600 showing that Mr. Greenwood had donated said park land. REPORT - RECENT ZONE 3 ADVISORY COMMITTEE MEETING - MILLIS Councilman Millis reported on the June 16, 1977 meeting of the Zone 3 Advisory Committee, stating that regular monthly reports had been heard regarding revenue and attendance at the Lopez Recreational Area and the Operation and Mainten- ance Report of the Water Treatment Plant, As of June 1, 1977, the lake was 15.7 feet below the spillway.. Discussion was also held regarding the proposed 1977-78 budget. Under new business, the building of a storage tank at Lopez was discussed, and 1225 acre feet of Lopez water were declared as surplus. Councilman Millis indicated his concern that other cities may be using the surplus water to grow on, as it is cheaper to buy than pump water. REPORT RE. OIL & GAS EXPLORATION BY SUN ENERGY OTL COMPANY The Council reviewed a report from City Engineer Karp regarding a request by the Sun Energy Oil Company for an encroachment permit (which the Public Works Dept. would grant) to perform oil and gas exploration surveys employing the Vibroseis Technique. The report discussed this technique, plus the City Engineer's discussion with officials in other areas where this exploration had taken place, to make certain it will not be detrimental to this City. This was a matter of informa- tion to the Council only. REPORT - RECENT MEETING RE. DRAINAGE & EROSION PROBLEMS IN A.G. AREA Director of Public Works Anderson reported on a recent meeting held in Arroyo Grande and attended by him, along with Planning Aide Sullivan; County Planners; and the Arroyo Grande Resources Conservation District. They were very concerned with the development in the Corbett Canyon water shed area, without adequate control for erosion and adequate drainage. The County stated they had been short on help to inspect the area but will increase their attention to this problem. They will not permit any more unsafe roads and will create siltation _ .,,r,.;i<<~r~r..,.. CITY COUNCIL JUNE 28, 1977 ARROYO GRANDE,. CALIFORNIA PAGE 5 369 basins. The District members also indicated concern about overgrazing of hillsides on the horse farms and poor farming practices which causes much erosion. The Soil Conservation Service stated that a new public law allows local agencies to require farming practices and replanting of overgrazed farms. The Resources Conservation District is very .interested in seeing if we can't get some kind of a district formed to clean up the area and help police the area. They asked for a member of the Fish and Game to be present so discussion could be had regarding measures that could be taken to protect the streams, but no one from Fish & Game was present, so a new meeting will be held at a later date for this purpose. COUNCILMAN SPIERLING EXCUSED HIMSELF DUE TO A POSSIBLE CONFLICT OF INTEREST AND IS NOW ABSENT. ~,,, APPROVE FINAL MAP OF TRACT.. NO. 599,_LOOMIS HEIGHTS, UNIT II (MILLER) 1 City Engineer~Karp reviewed with the Council his report regarding approval of the Final Map of Tract No. 599, "Loomis Heights, Unit II", located just northerly of the existing Tract No. 577, both developed by John Miller. After Council discus- sion, a motion was made by Councilman Schlegel, seconded by Councilman Millis and unanimously carried finding Tract No. 599 to be consistent with the City's General Plan and Zoning; authorizing the Mayor to execute, on behalf of the City, the Improvement Agreement; accepting, on behalf of the public, all of the streets and easements as offered for dedication on Tract Map 599, excepting the future street easements; accepting, on behalf of the public, Lot A for park purposes; and approving said Tract Map. COUNCILMAN SPIERLING IS NOW PRESENT. APPROVE FINAL M~P.OF TRACT NO. 636 (PHILLIP City Engineer Karp reviewed with the Council his report regarding approval of the Final Map of Tract No. 636, located on the south side of Farroll Avenue just west of Gaynfair Terrace, developed by Herb Phillips, et al. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Spierling and unanimously carried, finding Tract No. 636 to be consistent with the City's General Plan and Zoning; authorizing the Mayor to sign, on behalf of the City, the Improve- ment Agreement; accepting, on behalf of the public, all of the streets and easements as offered for dedication on Tract Map 636; and approving said Tract Map subject to the Planning Department's approval of the street name. FINAL MAP OF TRACT NO. 657 (DE BLAUW) - City Engineer Karp requested, and the Council agreed, to hold over approval of the Final Map of Tract No. 657, being developed by DeBlauw. The Council received a report from Director of Public Works Anderson regarding the City's domestic water supply and demand.. Councilman Spierling distributed copies of the County's report on actual and projected water production of the Arroyo Grande Water Basin. The Council generally agreed that this matter should be discussed at a study session. If there is time, it will be discussed following the Town Meeting study session set for, June 29th, and if there is no time, an additional study session will be set on water usage. Councilman Millis disagreed with the figures given in Mr. Anderson's report and for the public diagramed his own calculations an how much. water we have and how much we can still buy. RESOLUTION ADOPTION - ADOPT COUNTY-WTDE SOLID WASTE MANAGEMENT PLAN Administrator Butch reviewed that at the Council's last regular meeting., a public hearing had been held regarding the County-Wide Solid Waste Management Plan, following which the Council had adopted a resolution designating an enforce- ment agency for said Plan bvt not formally approving the Plan, which is still necessary. After Council discussion, City Attorney Shipsey read the title of a resolution approving the County-Wide Solid Waste Management Plan; thereafter, a motion was made by Councilman Gallagher, seconded by Councilman Spierling and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION NO. 1293 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE COUNTY-WIDE SOLID WASTE MANAGEMENT PLAN. 3'70 CITY_COUNCIL JUNE 28, 1977 ARROYO"GRAND$,~CALIFORNIA PAGE 6 On motion of Councilman.Spierlinq,.seconded by Councilman Gallagher and on the following roll call vote, to wit: AYES: Councilmen Spierling, Gallagher, Schlegel, Millie and Mayor de Leon NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 28th day of June, 1977. REQUEST TO WITHDRAW PROPERTY FROM A.G. ASSMT. DISTRICT(GREENWOOD) - REFERRED TO COUNTY The Council read a letter from Charles F. Greenwood, owner of approximately 35 acres on Branch M111 Road, which was assessed with $15,104.77 by the Arroyo Grande Assessment District No. 1, based on potential development of the land par the Land Uae Map current at that time (1972). The recent rezoning of this acme property, limiting development to five acre minimum lot size, makes thin assessment economically unfeasible. After Council discussion, Administrator Butch was . directed to write to the County, which is handling the Assessment District, asking them if Mr. Greenwood'e property cah'be withdrawn from the District. and if eo, that the. money come from the eurplue funds in the District. APPROVE CLOSURE OF BLOCK FOR 4TH OF JULY PARTY - GARDEN STREET A motion was made by Councilman Spierling, seconded by Councilman Gallagher and unanimously carried, authorizing the closure of Garden Street, between ids and Myrtle Streets, on July 4, 1977 between 2:00 P.M. and 9:U0 P.M., for a block party in which all residents of that area will be participating. . GRANT_FEE EXEMPT BUSINESS LICENSE FOR FIREWORKS SALES - SCOUT PACK #13 A motion was made by Councilman Schlegel, seconded by Councilmen Millie and unanimously carried, granting a fee exes~pt Business License .to Cub Scout Pack #13, for the sale of fireworks on Frontage Road adjacent to Samboa Restaurant, as requested by Richard J. Tucker, Cubmaster. PROGRESS REPORT - SELF INSURANCE OF WORKER'S COMPENSATION Administrator.BUtch reported on the first meeting held today by repreaenta- tivee-from the Cities in the County and the .County, regarding the Joint Powers Self-Insurance Program entered into for worker's compensation coverage. All cities have bean asaeeaed one-quarter of their annual amount, with this City's amount being $11,500. Morro Bay City Administrator, Murray Warden, was appointed Chaixmani Administrator Butch ie Vice-Chairmant and the City of San Luis Obispo is Treasurer. ADJOURNMENT On motion of Councilman Gallagher, seconded by Councilman Millis and unanimously carried,. the meeting adjourned at 10:32 P.M. until 7:30 P.M. on Wednesday, June 29, 1977. ATTEST ~a.~, _ /~, GC~Y ~~m ~~ CI CLERK '~ MAYOR