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