Minutes 1976-12-14r~VN
CITY COUNCIL DECEMBER 14, 1976
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 Millis reported present..
PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor de Leon led the Pledge of Allegiance to our Flag; and immediately
thereafter, Reverend Durham, of the First Southern Baptist Church in Grover City,
delivered the invocation.
APPROVAL OF MINUTES
The minutes for the regular meeting of November 23, 1976, were approved
as prepared.
APPROVAL OF WARRANTS
On motion of Councilman Schlegel, seconded by Councilman Gallagher and
unanimously carried, Payroll Warrants No. 7695 through No. 7765, in the total
amount of $20,872.72 and Warrants Np. 773 through No. 7859, in the-total amount
of $21,651.76; and General Warrants No. 5742 through No. 5790, in the total
amount of $11,148.67, were approved and ordered paid.
PRESENTATION RE. "YOUTH IN GOVERNMENT DAY" - TIERNEY
Sharon Tierney, high school student who had been the Mayor counterpart at
today's Youth in Government Day activities, reported on the various actions taken
by the students during their mock Council meeting.- She also: thanked all government
employees and officials who had participated in the. event.
NOTICE RE. POLICE DEPARTMENT PROMOTIONS
The Council reviewed a report from Police Chief Jim Clark, outlining the
promotions recently affected due to Lt. James Young`s retirement. Sgt. Robert
Ripley was appointed Lieutenant; Patrolman Edward Allen was appointed Sergeant;
and William Andrews, a 10-year veteran from the San Luis.. Obispo Sheriff's Office
was hired. to fill the patrolman vacancy.
NOTICE OF APPOINTMENT OF NEW CITY ENGINEER - ESPIRITU
The Council reviewed a notice stating that Angel T. Espirito-has been
hired as the new City Engineer to replace Joseph C. Garcia, Jr., who has resigned.
Mr. Espiritu is a registered, licensed Civic Engineer with the State of California,
is presently-the City Engineer for. the City of El Centro, California, and will
begin employment with the City of Arroyo Grande on January 3 , 1.977.
RECEIPT OF PEDESTRIAN SAFETY AWARD TO CITY - A.A.A.
City Administrator Butch displayed a plaque presented to the Gity of
Arroyo Grande by the American Automobile Association. The plaque is a
Pedestrian Safety citation for no pedestrian fatalities in the City for seven
consecutive years.
LETTER RE. STATE TRANSPORTATION PLAN - CITY OF S.L.O.
The Council reviewed a copy. of a letter directed to the State Transporta-
tion Board regarding the Draft California Transportation Plan Policy Element,
which indicates that city's Council's concern regarding the vagueness of portions
of the. Plan; lack of sufficient time to thoroughly study it and give local input;
deficiency of the E.I.:R.; and the costs mandated by the Plana The Arroyo Grande
City Council has previously submitted its letter of concern regarding the Plan.
LETTER RE. SUPERTANKER PORT - AVILA VALLEY ADVISORY COUNCIL
The Council-read a letter from the. Avila Valley Advisory Council stating
its concern about the possibility of the development of a supertanker port in
San Luis Bay-Avila Beach area and its reasons for apprehension. Said Advisory
Council had passed a resolution opposing this development. The City Council
discussed the matter, generally agreeing that this City should be kept apprised
of the passible development and be included in any agreements because of its
proximity to the proposed location. The City Administrator was directed to write
to the State, Tom Quinn and SOHIO requesting they keep the City up;ao date
regarding the proposed project.
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CITY COUNCIL DECEMBER 14, 1976
ARROYO GRANDE, CALIFORNIA PAGE 2
REQUEST FOR FEE EXEMPT LICENSE FOR CANDY SALES - 1ST APOSTOLIC CHURCH - DENIED
The Council read a letter from the First Apostolic Church in Lompoc,.
California, requesting a fee-exempt business license for.non-profit organizations,
to sell homemade peanut brittle in the City. The Council was. concerned that if
this were granted, other non-profit organizations from out of the City would. swarm
in. It was pointed out that the local churches selling See's Candy are required
to obtain a regular business license for retail saleso After Council discussion,
City Administrator Butch was directed to write to the First Apostolic Church in
Lompoc, advising. that its request for a fee exempt business license has. been
denied as they. are located out of the City.
RESOLUTION PROTESTING SALE OF NAMES/ADDRESSES BY DMV - CITY OF CARSON.
The Council reviewed a resolution from the City of Carson, protesting. the
practice of the Department of Motor Vehicles of selling the names and addresses
of citizens upon request by any individual or company so requesting. Carson
urged the repeal of the law authorizing this practice.- After Council. discussion,.
Administrator Butch was directed to write to the City°s State Legislators
indicating this Council's concern regarding this practiced
RESOLUTION RE. REFORM OF CRIMINAL JUSTICE SYSTEM - CITY. OF CHOWCHILLA
The Council reviewed a resolution passed by the City of Chowchilla,
urging reform of the. Criminal Justice System, particularly in the area of
juvenile crime. The Council generally agreed-that reform in this system is
necessary, but declined to support the resolution as presented because it
lacked concrete suggestions as to how implementation of reform could be
accomplished,. After further discussion, the Council directed Administrator
Butch to take this matter up with the Office of Criminal..Justice Planning,
Region P, of which he is Chairman.
PUBLIC HEARING - REZONE ##76-96, GRAND/BRISCO (McCASLIN) - ORD. 1ST READING
The Council reviewed a memorandum from Planning Director-Gallop, advising
that the Planning Commission has approved a rezoning request by Hm B. McCaslin,
to rezone from "P-M" to "H-S", a portion of property located at 1200 Grand
Avenue at Brisco Road. Upon being assured by the City Clerk that all. require.-
manta as provided by law regarding notification of hearing have been complied
with, Mayor de Leon declared the hearing open and all persons would now be heard
for or against this rezoning.
There being no public discussion on this matter, Mayor de Leon declared.
the hearing closed. After Council discussion, a motion was made by Councilman
Schlegel, seconded by Councilman Millis and unanimously carried, finding
Rezoning Case No. 76-96 to be consistent with the City°s General-Plan. City
Attorney Shipley then read the title of an ordinance amending the Municipal
Code so as to rezone from "P-M", Planned Industrial Zoned District, to "H-S",
Highway Service Zoned District, certain property in the City, thereafter, a
motion was made by Councilman Schlegel, seconded by Councilman-Spierling and
unanimously carried, to dispense with reading the balance of this ordinance.
INFO. RE. S.B® 2082, HOUSING ASSISTANCE IN AaG. - HOUSING AUTHORITY OF SLO
The Council read a letter from Ao Ra Chubon, Director of the Housing
Authority of the City. of San Luis Obispo, advising that under Senate Bill 2082,
provisions will become effective whereby the San Luis Obispo Housing Authority
will be able to assist the City in a program of supplemental rent income to low
income families. The Council. agreed the program had merit and should be looked
into further, which Administrator Butch will do.
RECEIPT OF° MONTHLY DEPARTMENTAL REPORT FOR NOZIEMBER, 1976
The Council received, reviewed and ordered filed, the monthly Departmental
Report for November, 1976>
RESOLUTION ADOPTION - AMENDED LAND USE ELEMENT OF GENERAL PLAN
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The Council reviewed a resolution prepared by City Attorney Shipley,
incorporating the various changes recommended by it and the Planning Council,
to the Amended Land Use Element of the General Plana Councilman Millis-requested
that clarification be made in Section 1, paragraph A regarding the 1°A" zoning as
applied to the tract of land in the northerly part of the City, at Hwy.. 1Q1 and
Oak Park Acres. After discussion, the following was inserted into the second
sentence of said paragraph: "At present, most of this portion...mwhich is a
holding zone. applied to these three large ownerships only, until specific...".
After further: Council discussion, City Attorney Shipsey read the title of a
resolution adopting the amended Land Use Element; thereafter, a motion was made
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CITY COUNCIL DECEMBER 14, 1.976
ARROYO GRANDE, CALIFORNIA PAGE 3
by Councilman Schlegel, seconded by Councilman Spierling and unanimously carr~,ed,
to dispense with reading the balance of this resolution. Councilman Millis
requested .that the complete resolution be set forth in the minutes.
RESOLUTION N0. 1265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING THE AMENDED LAND USE ELEMENT OF THE
GENERAL PLAN.
WHEREAS, the Planning Commission of the City of Arroyo Grande has prepared
a general plan report together with a general plan map and has adopted by
Resolution No. 76-469G on October 5, 1976, the amended Land Use Element of the
General Plan; and
WHEREAS, pursuant to Government Code Section 65501, et seq., the City
Council gave required notice and did hold a public hearing on July 27, 1.976, for
the purpose of considering the adoption of the amended Land Use Element of the
General Plan report and map, and at which public hearing the amended Land Use
Element report and map were displayed, explained, and reported upon; and
WHEREAS., the Arroyo Grande City Council considered the addition of certain
wording to the first paragraph of the proposed amendment to be inserted into the
Plan on Page 13, relating to the "P-D" designation of said plan, and referred
that wording to the Arroyo Grande City Planning Commission as an amendment to
the amended Land Use Element of said General Plan;. and
WHEREAS, said proposed amendment to the amended Land Use Element of the
General Plan report and map have. been considered by the Arroyo Grande City
Planning Commission at its regular meeting of October 19,.1976, and the matter
has been referred back to the Arroyo Grande City Council; and
WHEREAS, said amended Land Use Element of the General Plan report and map
thereof are necessary for sound future community development,. the preservation
of community values, and the promotion of the general health,. safety, convenience
and welfare of the citizens of the City of Arroyo Grande; and
WHEREAS, the City Council of the City of Arroyo Grande has a responsibility
to plan for the desirable future growth and development of the City of Arroyo
Grande.;
NOW, THEREFORE, THE .CITY COUNCIL OF THE CITY OF. ARROYO GRANDE DOES HEREBY-
RESOLVE AS FOLLOWS:
Section 1: The City Council of the City of Arroyo Grande does hereby find
and determine that the public interest, convenience and necessity require that
the Land Use Element of the General Plan report and map be amended in the following
manner:
Ao The text of said plan be rewritten to replace the second paragraph on
Page 13 relating to Planned Development with the following:
"A large rolling tract of land in the north part of the City, northerly
of Highway 101 and easterly of Oak Park Boulevard., consisting primarily of three
large ownerships, can best be developed through the Planned Development approach.
At present, most of this portion of the City is included in the "A" zoning
district, which is a holding zone applied to these three large ownerships only,
until specific development plans are prepared. Grazing is considered as an
interim use of these areaso By directing development into these areas of
marginal agricultural value, the most productive land on the valley floor can be
reserved for continued agricultural use. The Planned Development Zone presently
within the City of Arroyo Grande Zoning Ordinance was originally retained and
adapted with the idea. of utilizing it on smaller parcels of land,. more than 10
acres in size, but not to the extent of these three properties. However, the
basic concept of Planned Development can be applied to one or more of these
properties, with all of the reviews and necessary public input, through a two or
three step process, which would still retain all of the controls anticipated in
the original "P-D" Zone, but lend adequate necessary flexibility in the processing
of large tracts which would be involved in this particular area of the City. The
process suggested would be based upon the assumption that any of the permissive.
"P-D" uses would be allowed in the area, providing compatibility can be assured
and various sensitivities are protected.
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CITY COUNCIL
ARROYO GRANDE, CALIE"ORNIA
DECEMBER 14,-1976
PAGE 4
The process-would necessarily involve two or three steps rather than one
single "fell swoop", as the "P-D" Zoning provides for. It would be virtually
impossible to locate, dimension, design, and provide other amenities and controls
set out in the "P-D" District on a 300-400+ acre development. However, these.
controls can be required and controlled in the following suggested procedure:
1) the properties be divided. into parcels through a parcel or subdivision map
procedure, whereby each parcel is indicated for a primary zone-related land use,
and each parcel subject to either (a) additional subdivison approval if the
parcel is to be occupied by residential use,. or Cb) any commercial parcel-subject
to Commission and Council review and approval prior to development. In other
words, each. subdivision would then be required to meet the particular require-
ment of the "P-D" Zoned District.
It should be noted further that in the conditions of approval of either
(1) the parcel map or (2) the subdivision or development plan approval of the
parcels, a last additional step may be required, which will consist of
architectural approval and compliance in any other area of concern, all of which
would be made conditions of the approval in Steps 1 and 2 previously noted.
As noted in the "P-D" Zoning, density transfers may be requested by the
developer and, under certain conditions, may be advantageous to the land ar~1/or
land use, and help implement protection of land and geology as they now exist.
Further requirement. of clustering,. condominiums, and retirement restrictions
can very well add to the conditions for consideration and. be made a part and
parcel of any proposed CC ~ R's placed on the land.
It should be expected that the neighborhood shopping facility, which was
formerly indicated at the corner of Noyes and Printz Roads, would be included in
the general area. of one of the parcels, to serve the immediate day-to-day needs
of the people within these developments."
B. The text of the School section of said plan be changed to delete the
last sentence of the first paragraph on Page 20; that said paragraph conclude
with the following:
"In view of the present overcrowded conditions in the Lucia Mar
Unified School District and the failure of the recent Bond Elections, the present
and future citizens and planners of all entities within the School District should
recognize their responsibility to provide education facilities and programs for
children.-"
C. The map be changed to show the light-industrial area (Saruwatari
property), westerly of Highway. 101, southerly of the commercial district on Grand
Avenue, and northerly of the Arroyo Grande Creek, to agriculture.
D. Add. the following as the second paragraph on Page 20 under Schools:
"Any new schools which are constructed within the Lucia Mar Unified School
District and within the City of Arroyo Grande must meet State minimum standards.
These standards dictate minimum acreage for any site in relationship to the
minimum number of students to be accommodated, and additional acreage required
in ratio to students over minimum. In any cafe, when the District proposes to
build a new school facility, be it elementary, secondary,. or high school, the
School District would have to abide by these minimum site requirements for any
construction."
E. The text of said plan be written to insert at Page 18 of the General
Plan as the last paragraph under Light Industrial, as follows:
"There.. are small areas of spot zoning. which are r.on-conforming due to
problems arising prior to the adoption of the General Plan in 1967, and these
areas still remain on the Zoning Map, but are not reflected in the Land Use
Plan because of their small. effect on the abutting properties."
F. The map be changed to show existing medium residential density to
office-professional use on a small area at the northwest corner of the inter-
section of South Halcyon and Fair Oaks Avenue.
G. The map be changed to show the removal of the existing neighborhood-
commercial land use designation at the corner of Noyes and Printz Roads.
H. The map be changed to-show the existing medium density residential.
designation north of Tally Ho Road, from James Way west to the intersection of
Tally Ho with Le Point, to a low density designation.
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CITY COUNCIL DECEMBER 14, 19?6
ARROYO GRANDE, CALIFORNIA PAGE 5
On motion of Councilman Spierling, seconded by Councilman Gallagher and vn
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 14th day of December, 1976.
RESOLUTION ADOPTION - ABANDON PORTION OF LE POINT STREET
Administrator Butch reviewed the matter previously before the Council,
regarding the proposed abandonment of the southerly ten feet of Le Point Street
between Crown Terrace and Highway 227. The Council reviewed a copy of a letter
which had been sent to all property owners involved, clarifying the proposed
abandonment and stating that the Assessor's Office had indicated that the addition
of the ten feet to adjacent properties would have a negligible affect on single
family residences. The City Engineer reviewed a map indicating the line of
abandonment and proximity of existing houses. He also pointed out other houses,
beside those owned by Don Stickler at 5U8 and 512 Le Point, which would require
variances if the abandonment is not accomplished, due to little set back.
After Council discussion, City Attorney Shipsey read the title. of a
resolution ordering the abandonment of a portion of a city street;. thereafter, a
motion. was made by Councilman Schlegel and seconded by Councilman Spierling,-to
dispense with reading the balance of thss resolution. Councilmen Gallagher and
Millis dissented to approval. of the motion, therefore, City Attorney Shipsey read.
the. resolution in full.
RESOLUTION NO. 1266
A RESOLUTION OF THE CITY COUNCIL OF-THE CITY OF ARROYO
GRANDE ORDERING THE ABANDONMENT OF A PORTION OF LE-POINT
STREET (STREETS & HIGHWAYS CODE SECTION 8323, ET SEQ.)
On motion of Councilman Schlegel, seconded by Councilman Spierling and on
the following roll call vote, to wit:
AYES: Councilmen Spierling, Schlegel and Mayor de Leon
NOES: Councilman Millis
ABSTAINED: Councilman Gallagher
ABSENT:. None
the. foregoing Resolution was passed and adopted this 14th-day of December, 1976.
REPORT - RECENT PRE-MASTER PLAN CONFERENCE RE. REGIONAL GOVT CENTER - SPIERLING
Councilman Spierling reported on the recent conference held regarding a
pre-master plan for the County Regional Library and other facilities.- He had
brought forth to them some of this City'"s concerns, indicating :the need for
traffic monitoring, consideration of traffic problems in the EIR, as well as to
deve op adequate parking. The question was raised of the possible fire station
relocation. to the government center,. to which Councilman Spierling-had responded
that the bottleneck at the Brisco Road underpass would restrict valuable use of
the fire station location here, because of this access problem. Father O'Sullivan..
of St. Patrick's School will poll his students to see how many would use a walkway
from Wes Branch Street across the front of the property to the school. Discussion
was also held regarding a zone change for the area. The County would not have to
apply for a zone change, but-the School District would. At the meeting the: City `s.
lack of a zone to cover-governmental agencies was.noted and'he therefore now
recommended that the staff be instructed to start work on an ordinance. to cover
zoning for use by governmental agencies to include our own civic center as well
as the regional facility and school districts. The County does not have to apply
for a zone change, but` he School District would, because of no pre-existing
contiguous public school uses in that area. The next meeting regarding the
Regional Center will be in January at the School District Office when the site
will be walked over. After Council discussion, a motion was made by Councilman
Gallagher,- seconded by Councilman Spierling and unanimously carried, referring
to the Planning Commission the recommendation that a zone be created covering uses:
by governmental. agencies, in the City of Arroyo Grande.
PROGRESS REPORT - PARKING & BUSINESS IMPROVEMENT. ADVISORY BOARD
The Council reviewed a report and minutes from the Parking and Business
Improvement Area Advisory Board, reviewing a parking lot redesign for development
of the property south of the alley between Bridge and Short in Arroyo Grande
Village, for which the-Board has. approved an expenditure of $25U0,-$300U.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
REVIEW OF INFORMATION FROM LEAGUE OF CALIFORNIA CITIES
DECEMBER 14, 1976
PAGE 6
The Council reviewed various information from the League of California
Cities, relating to the federal mandate for unemployment compensation insurance
for all local and state government employees; information regarding the new
League headquarters' office building; and the latest Legislative Bulletin,
APPOINTMENT OF PARKING & TRAFFIC COMMISSIONER - JONES
Mayor de Leon reviewed that a vacancy exists on the Parking & Traffic
Commission and recommended Andy Jones for the position. After Council discussion,..
a motion was made by Councilman Gallagher, seconded by Councilman Spierling and
carried, appointing Andy Jones,. 1431 Sierra Drive, to the Parking & Traffic
Commission, with his term to expire June 30, 1978.
COURT RULING ON REZONING AT TRAFFIC WAY EXTENSION - LAWLER
The Council reviewed an order rendered by Judge Kirkpatrick of the San
Luis Obispo County Superior Court, denying the petition for Writ of Mandate
filed by Betty M. Lawler against the City when the Council declined to approve
a rezoning request made. by Mrs. Lawler for her property at Traffic Way Extension.
Councilman Spierling distributed a list he had compiled last spring of
15 conditions for a zone change with a "D" override for the subject property,
stating it will still be an issue in R-A-B-3 zoning and the Council now needs to
indicate alternatives available. He recommended that the Planning Commission
and City Staff be directed to explore a possible solution to the Lawler property
problem. The Council discussed the matter and held off further action,- until the
property owners come in for a zone change
REPORT - RECENT ANIMAL REGULATION ADVISORY COMMITTEE MEETING
The Council reviewed a report and information from Police Chief Clark
regarding a recent meeting of the Animal Control Committee. .The annual rabies
clinics have been scheduled for January 15, 1977 between 1 and 3 p.m. and will
cost $2.50 per vaccination. Also reviewed were proposals on spay-neutering of
cats and an amended county ordinance on impounding and disposition of stray or
abandoned cats.
AUTHORIZE REALLOCATION OF FUNDS FOR PARK MAINTENANCE MAN
Administrator Butch reported that the City has received the amount of
$3,949 from the Federal Government for its share of the Title II Antirecession
fiscal assistance program. The Council reviewed a memorandum from Parks Director
Gallop, requesting that these funds be used to enable the continued employment of
a Park Maintenance Man whose funds under the CETA program have run out. With the
addition of several new park areas in the past year, he stated that a loss in the
present park maintenance crew would be a real problem.- After Council discussion,..
a motion was made by Councilman Gallagher, seconded by Councilman Spierling and
unanimously carried, authorizing the reallocation of funds received from the
Antirecession Fiscal Assistance Program to continue the employment of a Park
Maintenance Man for approximately thirty weekso-
ORDINANCE 1ST READING - ADOPT MANDATORY GARBAGE COLLECTION IN CITY
Administrator Butch reported that research is continuing by the City
Attorney to determine whether the City can charge a 5~ franchise fee or is
limited to a 21; fee when it awards a franchise contract to a firm to collect
garbage in the City. .City Attorney Shipley explained that the Council needs to
first adopt the Ordinance approved by the City's voters in November, before a
call for bids for the contract is doneo He then read in full, for its first
reading, an ordinance amending the Municipal Code regarding garbage and refuse
collection in the City.-
NOTICE RE. PUBLIC HEARING SET - PUBLIC BUILDINGS ELEMENT OF GEN. PLAN: 1/11/76
The Council was informed that a public hearing will be set for the
Council's-next regular meeting.,. to consider the recommendation of the Planning
Commission that the Public Buildings Element of the General .Plan be adopted.
The hearing is set for January 11, 1976 at 8:.00 P.M.
Mrs. E11a Honeycutt, 560 Oak Hill Road, expressed her objections to certain
statements in the minutes of the Planning Commission's meeting of November 16th,
and asked they be corrected as the minutes become permanent public records.- She
wished clarification of the fallowing statements: 1) that the growth rate of the
City is less than anticipated.; and 2) that there are no R-1 lots available in the
City. She contended that the City is growing at 7~ and the Land Use Element calls
for 3$; and that the City has about 500. R-1 lots at the present time.
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CITY COUNCIL DECEMBER 14, 1976
ARROYO GRANDE, CALIFORNIA PAGE 7
NOTICE OF JOINT"STUDY SESSION WITH PLANNING COMMISSION: 1/10/77, 7:30 P.M.
The Council received notice that a joint study session has been set by
the Planning Commission, with the Council, for Monday, January 10, 1.977 at
7:30 P.M. to review proposed zone changes.
APPROVE PARCEL MAP AG 74-293., RUTH ANN WAY (JONES)
City Engineer Garcia reviewed with the Council, Parcel Map AG 74-293.,
reflecting a two-parcel lot split (Case No. 74-206) located on the westerly side
of Ruth Ann Way near that street's north end, requested by Jones, et al. After
COUriCll diSCUSSlOn, a motion was made by Councilman Spierling, seconded by
Councilman Gallagher and unanimously carried, finding Parcel Map AG 74-293. to be
consistent with the City's General Plan and Zoning, and approving said Parcel Map.
COUNCILMAN SCHLEGEL EXCUSED HIMSELF FROM THE COUNCIL TABLE DUE TO A POSSIBLE
CONFLICT OF INTEREST AND IS NOW ABSENT.
DISCUSSION'RE. PARCEL MAPS AG 76-433 & 434, STAGE COACH ROAD (KUDEN, ET AL)-TABLED
City Engineer Garcia reviewed. with the Council Parcel Map AG 76-433 and 434,
being two lot splits-located on the easterly side of Stage Coach Road, northerly
of Huasna Road and the total number of parcels created. in the two maps being
nine,. varying in size from 18,582 square feet to 9,414 sq. ft. A variance has
been granted by the Planning Commission for the lots under 10,000 sq. ft. because
of a seven foot street dedication- requirement on Stage Coach Road. Street and
easement dedications. are included on the Map, approval of which is being requested
by Kuden Grant, Nelson, et al. Lengthy discussion was-held by the Council regarding
said maps, with Councilman Millis requesting the Parcel Maps be given the Counci].
before meetings for study, and objecting to the flag. lots and access to them because
of the-slope of the property. City Engineer Garcia explained that the Council has
only the right. to find that said maps are consistent with the-General Plan and
Zoning, but has no right to deny approval of a Parcel Map that has already been
appraved by the Subdivision Review Board and granted a variance by the Planning
Commission. Council discussion was also held regarding review of E.I.R.'s and
Negative Declarations, the latter. of which had been reviewed by the Planning
Commission for the subject developments. Several citizens present commented on
the matter including an adjacent property owner who disputes a property line in
the subject area. After Council discussion, Councilman Spierling made a motion
to accept, on behalf of the City, the street dedication and Public Utility Ease-
ment shown on Parcel Maps 76-433 and 434. After further Council discussion, he
withdrew his motion. The Council requested that research be done to see whether
there is any way not to approve these parcel maps. Councilman Gallagher then
made a motion, which was seconded by Councilman Spierling, to table this
matter until the Council's next regular meeting. Motion carried.
COUNCILMAN SCHLEGEL IS NOW PRESENT
Councilman Gallagher then made a motion that henceforth the utilization of
street dedication for lot size not be utilized by the Planning Commission. He
did not feel that street dedications should be used for lot size because they
are separate of each other and street dedication should be street dedication and
the street is utilized for that purpose and should not be used to enable owners
of lots to get the additional size to meet lot criteria through street dedication.
Councilman Millis stated he would second the motion if it were to be amended to
include a request. that the staff review the City's present procedure for approving
parcel splits to see. how it can be corrected in the future so this won't come up.
He feels that apparently authority has been delegated by the Council to certain
committees and commissions, that in this instance, if the Council had had the
final say and not delegated that authority this problem would not have occurred.
Councilman Spierling suggested that Councilman Millis' suggestion be added onto
the agenda of the joint study session with the Planning Commission on January 10th,
stating there may be some things the Council is not aware of. Councilman Gallagher
accepted the amendment to his motion which Councilman Millis then seconded.
Councilman Gallagher repeated his motion that the utilization of street dedication
being included in lot size, that this poh.cy not be continued. That the street
dedication is going to have to stand for the street itself and the lot size is
going to have to meet the measurements of the lot and not have the street dedica-
tion inclusive for the purpose of getting maximum or meeting the criteria for
minimum lot size. Discussion continued, with Councilman Spierling stating he is
not opposed to the motion on the surface, but feeling that the Council may be voting
on something that it does not have full information on and suggested that the motion
be acted on after the study session. Councilman Spierling then made a motion to
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CITY COUNCIL DECEMBER 14, 1976
ARROYO GRANDE, CALIFORNIA PAGE S
table the foregoing motion until the Council's next regular meeting. Said motion
was seconded by Councilman Millis and carried on the following roll call vote, to
wit: AYE5: Councilmen Spierling, Gallagher, Millis and Mayor de Leon; NOES:
Councilman Schlegel; ABSENT: None. The matter will be on the Agenda for the
Council's next regular meeting. Councilman Gallagher also requested that clarifica-
tion of all E.I.R.'s be placed on the next Council's agenda, stating he does not
feel the City Council should delegate this responsibility to any other entity, but
that the Council should have final say on all E.I.R.'s and Negative Declaratipns.
AUTHORIZE FINAL PAYMENT FOR STREET PAVING PROJECT - SULLY-MILLER
City Engineer Garcia repot e a e s ee esur acing Project No.
90-76-~ has been completed to the City's satisfaction and requested final payment
be made to the contractor. After Council discussion, a motion was made by
Councilman Schlegel, seconded by Councilman Gallagher and unanimously carried,
authorizing payment in the amount of $87,670.78 as first and final payment to
Southern Pacific Milling (Sully-Miller), for Repaving Project No. 90-76-3.
APPROVE USE OF FAU FUNDS FOR VALLEY ROAD IMPROVEMENT
City Engineer Garcia gave a progress report on the City-County cooperative
project to improve Valley Road and displayed a diagram showing the realignment
of the sharp curve in said road. The County°s estimate for the total project,
including engineering, right of way acquisition and improvement of the curve, is
$93,000. The City Engineer stated that Federal Aid Urban (FAU) funds could be
used to pay for the $73,000 estimated actual construction costs. If the project
is approved, it could be scheduled for construction in the summer of 1978. After
Council discussion, a motion was made by Councilman Gallagher, seconded by
Councilman Millis and carried, approving use of the City's allocation of FAU
funds for the Valley Road Improvement Project to be done jointly with the County,
and directing that the Board of Supervisors be notified that the City agrees
with the proposed plan.
APPROVE PLACEMENT OF "ADVISORY" QUESTION ON MARCH BALLOT RE. TRANSIT DISTRICT
Councilman Spierling, President of the Transit District Formation Steering
Committee, reported. that said Committee has recommended the placement of an
"advisory°' question on the March county election ballot, to ascertain whether
the county residents wish to have a transit district formed to provide public
transportation services in the County, with the district to have revenue raising
powers. After Council discussion, it gave general consent to Councilman Spierling
to convey the City's approval of placement of the "advisory" question on the March
county election ballot.
DISCUSSION RE. DEVELOPMENT ON LE POINT TERRACE - ARCHITECTURAL REVIEW #75-127
The Council read a letter from B'Ann Smith, 548 Crown Hill, who requested,
further study be made of Architectural Review Case No. 76-127, a development of
apartment and townhouse units on Le Point Terrace. She felt the additional
traffic would be hazardous, and an Environmental Impact study should be done on
the property. The Council also reviewed a report from Planning Director Gallop
stating that review of the proposed development plans by the City Departments
have found them to meet all requirements and the zoning ordinance. A report
from City Engineer Garcia was reviewed, outlining a radar survey and collision
diagram prepared on Crown Street analyzing the traffic problems, which he felt
indicated the street, although not a safe one, was capable of handling more than
it is handling currently, and the speed limit should remain at the posted 25m.p.h.
B'Ann Smith was present .and asked if anything will be done about her request for
an E.I.R. City Staff informed her that this development is categorically exempt
from the City's E.I.R. guidelines. Bruce Dodson, representing the owners of the
development, displayed the plans for the development,. including a scale model of
the completed project. He also pointed out that three public hearings had
already been held on this project, which has been approved by the proper commis-
sions and committeeso Several persons in the audience also commented on the
matter. The Council discussed the development at length, generally agreeing that
it is too late to do anything about the project now, as all the City's rules and
regulations have been met.
OBJECTION TO STATEMENT IN PLANNING COMMISSION MINUTES - MILLIS
Councilman Millis read from the Planning Commission minutes of November 1Fa,
1976, citing his objection to the statement made in the 1st sentence, first
paragraph of Page 3, regarding the number of R-1 lots in the City.
X70
CITY COUNCIL DECEMBER 14, 1`976
ARROYO GRANDE, CALIFORNIA PAGE 9
CANCEI,~ATION OF 12/28/76 MEETING AND ADJOURNMENT
~~~
On motion of Councilman Spierling, seconded by Councilman Schlegel and
una;iimously carried, the regular meeting of December 28,.1976 was cancelled,
and the meeting adjourned at 11:-00 P.M. until Monday, January 10, 1.977 for a
joint study session with the Planning Commission.
ATTEST : ''=ss~~:~C~1~r c i ~' _ C~~-~i
CITY. CLERK MAYOR