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Minutes 1977-03-22303 CITY COUNCIL MARCH 22, 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.y Calvin Schlegel and Mark Millis reported present. FLEDGE OF ALLEGIANCE AND INVOCATION Mayor de Leon led the Pledge of Allegiance to our Flagg and immediately thereafter, Reverend Duane Kirchner, of the Peace Lutheran Church in Arroyo Grande, delivered the invocation. APPROVAL OF MINUTES The minutes for the regular meeting of March 8, 1977 and regular adjourned meeting of March 9, 1977, were approved as prepared.- APPROVAL OF WARRANTS On motion of Councilman Spierling, seconded by Councilman Gallagher and unanimously carried, General Warrants No. 6177 through No.-6242 and No. P229 through No. P245, in the total amount of $227,642.89; and Payroll Warrants No. 8446 through No. 8517 and No. 8334, in the total amount of $28,931.13, were approved and ordered paid. PRESENTATION OF CERTIFICATE OF APPRECIATION TO MRS. E. D. WASHBURN FOR BEQUEST --- Administrator Butch recognized the presence of Mrs. Emma Dowell Was urn, along. with Mrm Washburn, her husband; Claudia Pruess, who is the daughter of Mr. Dowell; and Mrs. Theroux, daughter of Mrs. Pruess. Mayor de Leon presented Mrs. Washburn a Certificate of Appreciation for her bequest in the amount of $10,000 to the city of Arroyo Grande in memory of her father-in-law, William Hickman Dowell (7/26/1863 - 3/17/1939), who was an active member of this community, including being elected Justice of the Peace in 1914. The funds, as requested, will be used for playground equipment in Strother Park. City Administrator Butch presented Mrs. Washburn with a bouquet of roses with his thanks. Each ,of the Council Members then added his thanks and appreciation to Mrs. Washburn. PRESENTATION BY CAL TRANS- ENGINEER RE. HWY 101 LANDSCAPING Mr. H. O. Case., .Engineer from the State of California Department of Transportation, gave a report on the policies of Cal Trans in landscaping ,freeways. He stated that generally the freeway right of way is made to appear similar to the area adjacent to it, so the driver is not so aware.of the freeway. Avail- ability of funds. is also a factor, added to the present drought conditions, which are curtailing all significant landscaping. The Council discussed the matter with him, asking. whether service clubs or organizations can aid in the landscaping. Mr. Case stated that joint agreements for this have been entered, if Cal Trans felt it has the manpower to maintain the improvements.- Such agreements are usually arranged and handled through the City however, with Cal Trans working directly with the City.. It was pointed out to Mr. Case that the area east of the freeway, between Oak Park Road and Branch Street, will be developed and questioned him about lag time. Mrm Case stated that usually they are behind three years, but with the tight funding now being experienced, it may be even longer; INVITATION TO PARTICIPATE IN S. L. O. LA FIESTA PARADE - 5/21/77 In response to an invitation, the Council stated it would participate in the annual San Luis Obispo La Fiesta Parade on May 21, 1977.- INVITATION TO PARTICIPATE IN MISS.. SAN LUIS OBISPO COUNTY PAGEANTs MARCH 27TH In response to an invitation, the Council stated it would participate-in the Miss San Luis Obispo County Pageant on March 27, 1977. RESOLUTION'FROM STATE RE. WATER USAGE & CONSERVATION EVALUATION The Council read a letter and 'resolution from the California Assembly, requesting local. water. purveyors to evaluate their water needs and supplies, and urge the use of water conservation methodsm It was noted that this. City has already done this. REQUEST FROM CHAMBER OF COMMERCE FOR BALANCE- OF BUDGETED FUNDS - HELD OVER _.- - The Council read a letter from the Arroyo Grande Chamber o Commerce, requesting the balance of $3,500 be released to them at this time, from the $7,000 allocated for the Chamber in the City's 1976-77 budget. Elizabeth Jackson, 208 Fair View, questioned-the City Attorney regarding the Council. voting itself money, as a majority of them are members of the Chamber. City Attorney Shipley stated he will research the matter and suggested any action be held over pending his advice on the matter, which the Council was in agreement with. 3~J4 CITY COUNCIL MARCH. 22, 1977 ARROYO GRANDE, CALIFORNIA PAGE 2 LETTER RE. EFFORTS OF COASTAL VALLEY PLANNING COUNCIL TO CONTINUE ORGANIZATION The Council reviewed a letter from the Coastal Valley Planning Council and. minutes of a meeting which the three Administrators from the South County Cities had also attended, requesting consideration-for the continuance of said Council pending develo~ent of a program of specific projects which may benefit all entities concerned.. The City Council was. in agreement with this. PROCLAIM "EASTER SEAL CAMPAIGN TIME" - MARCH 1, 1977 TO APRIL 1O, 1977 Mayor de Leon proclaimed March 1, 1977 to April 1A, T977, as "Easter Seal Campaign Time" in the City of Arroyo Grande, as requested by William C. Kent, President of the Easter Sea Society for Crippled Children and Adults of San Luis Obispo County, Inc. REZONING PETITION FOR GREENWOOD AREA REFERRED TO PLANNING COMMISSION Administrator Sotth reported that a petition has-been submitted, signed by 74 residents of the Greenwood Manor area, requesting a rezone of 35 acres of agricultural land east of Greenwood Manor, from "A" to "A-D", with the "-D" override to limit lot size to 5 acre parcels, not to be split into smaller lots in the future. He further reported that Mr. Greenwood, owner of the 35+-.acres is in agreement with this and the matter will be considered by the Planning Commission at a public hearing set for April 5, 1977. Councilman Mi111s requested that a map be included in this matter, as was done in the Oak Park Acres rezoning, to clarify it. PUBLIC HEARING - REZONE #77-98, IDE, WHITELEY, ETC., "R-2" TO "R-1" (CARPENTTER, - ORDINANCE 1ST READI' Administrator. Butch reported that the Planning Commission has recommended approval of the request by residents of Ide, Nelson, Garden and Whiteley Streets, that their residential area be rezoned from "R-2" to "R-1". Upon being assured. by-the City Clerk that all requirements 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. The following persons were present and spoke in favor of the rezoning: Mary Egan, 524 Allen St.; Mr. R. F. Kitchel, 5.25 Ide; Mr. H. D. Milsheimer, 501 Allent Florence Benningsdorf, 518 Allen; Elizabeth Jackson, 208 Fair View= Carol Patter, 231 Pacific. Coast Railroad Place; and Gordon Bennett, 415 Allen Street.- There being no further public discussion on this matter, Mayor de Leon declared the hearing closed.. After Council discussion, City Attorney Shipley read the title of an ordinance amending the City's Zoning Map so as to rezone, from "R-2" to "R-1", certain property in the City; thereafter,.. a motion was-made by Counci man Schlegel,. seconded by Councilman Gallagher and unanimously carried, to dispense with reading the balance of this ordinance. PUBLIC HEARING - PROPOSED AMENDMENTS TO ZONING ORDINANCE AND PROPOSED CREATION - -- OF 'O', "S-F" & "P-F" DISTRICTS - CONTINUED TO 4/12/77 Administrator Butch briefly- reviewed the Planning Commission's recommenda- tion-for amendments to the Zoning Ordinance and creation of "O", Open Space Zoned District; "S-F", Secondary Flood Zoned District; and "P-F", Primary Flood Plain Zoned District. Upon being. assured by the city Clerk that all requirements 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 on the subject matters, The following persons were: present and spoken Peggy Langworthy, Printz Road, Arroyo Grande fringe, stated no material-had been available on the Primary Flood Plain when she had requested it yesterday in the Planning Department, Councilman Millis felt a series of things- in the proposed amendments conflict with the City's Zoning Ordinance.. Administrator Butch explained that if the Council felt that,. it should send the matter back to the Planning Commission. Joe Moore, 200 Nelson Street, stated that "in the Open Space Element of the General Plan, we have a greenbelt showing,. but there is nothing in the Zoning Ordinance showing greenbelts, so we're in conflict between the General Plan and Zoning Ordinance". He wondered what the difference was in definition, if any, between Open Space Zoned District and greenbelt. Administrator Butch explained the definition of "O" District. Fred Wolf, 540 Gaynfair Terrace, stated his understanding that once the "S-F" and "F-F" zones are established as part of the Zoning Ordinance, the City will have very little to say about what lands go into "P-F"-and "S-F", and this would be mandated by agencies outside of the City. CITY COUNCIL ARROYO GRANDE, CALIFORNIA r~ MARCH 22 , 1977. ~ ® 5 PAGE 3 City Attorney Shipsey suggested the public hearing on this matter be continued, since everyone had not received information ors it that they wished. After Council discussion, a motion was. made by Councilman Schlegel, seconded. by Councilman Spierling and unanimously carried, continuing this .public hearing until 8 P.M. on April 12, 1977. PUBLIC HEARING - AMENDMENTS TO SUBDIVISION ORD. - FURTHER STUDY SESSION TO BE HELD. Administrator Butch reviewed that the Planning Commission. has recommended various amendments to the Subdivision Ordinance, with copies of said amendments received by the Council previously, and reviewed with the Planning Commission at a joint study session. Upon being assured by the City Clerk that all. requirements 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 these amendments. The following persons were present and spoke on the matter: Fred Wolf, 540 Gaynfair Terrace,. clarified that none of the proposed amendments are those considered by the Agricultural Lands Committee. William Langworthy, Printz Road, Arroyo Grande fringe, questioned Section 9-3.207A, as to rahether anyone would still be given the opportunity to-give input.. Administrator Butch replied in the affirmative, further clarifying that previously the surrounding property owners of a proposed subdivision were not individually notified of it, and with this amendment they will now be notified. Mr. Langworthy then questioned Section. 9-3.608 (c) regarding approval of a tentative map if the Planning. Commission does not act on it within 30 days after the Subdivision Review Board's report. Administrator Butch clarified that this is worded from the Governnment Codeo In response to his inquiry, it was clarified for. Allen.. Jackson, 208 Fair View, that the Government Code is a set of books containing the laws adopted by the State Legislature by which this City is governed Elizabeth Jackson, 208 Fair View, questioned the following sections: 9-3.204A; 9-3.209;.. and 9-3.4.03(5)0 Peggy Langworthy, Arroyo Grande fringe., hoped the ordinance would not discourage. optional design use and questioned public access to property dedicated to the City as per Section 9-30507 (iii) & (iv). There being no further public discussion on this matter, Mayor de Leon declared the hearing. closed,. The Council discussed the proposed amendments, with Councilmen Spierling and Schlegel. stating their satisfaction with the amendments. following the study session held on the matter. Councilman Millis stated he had gone through the entire Subdivision. Ordinance, with amendments, line by line and feels it is the worst and most dangerous thing ever to come. before the Council.. He took es~ception to the wording of Section 9-3.609 which states that a subdivider or interested person may appeal a Commission action to the Council.- "Interested Person" had been defined in Section 9-3o207A, which does not include the general public. City Attorney Shipsey stated that the word "interested" could be deleted from Section 9-3.609. Councilman Millis suggested that no action be taken on the proposed amendments until each .Council Member and the public reviews the Subdivision Ordinance with amendments line by line as he had done. After Council discuss-ion, a mota.on was made, by Councilman. Schlegel, seconded by Councilman Gallagher and unanimously carried,. referring the proposed Subdivision Ordinance.. amendments to a study session to be held within three weeks, with each Council Member to submit his concerns about said Ordinance in writing.. PUBLIC HEARING - PROPOSED ORD. RE. FEES ON NEW CONSTRUCTION FOR PARKS & RECREATION Administrator Butch reviewed that the Planning Commission has. recommended. adoption of a proposed ordinance providing fog the payment of fees in connection with. the new construction of buildings of every character, the deposit of such funds in a parks development fund and the use of such fund for public park and recreation purposes. Upon being. assured. by the City Clerk that all requirements 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 proposed ordinancea The following. persons were present and spoke. on the matter; Fred. Wolf, 540 Gaynfair, spoke in favor of the Ordinance, but felt the same type of fee should be established to aid schools. William Langworthy, Arroyo Grande fringe, stated his opinion that mobile homes should also have to pay fees, contending that. even though mobile home parks must provide their own recreational facilities, this does not exclude the residents from participating in the City's recreational activities and facilities. He also does not feel that the $1D-0 fee per dwelling unit is enough. Peggy Langworthy, A.G. fringe,.- urged that the proposed ordinance be held up until the Zoning is resolvedo Bill McCann, 428 Tanner Lane, asked if the proposed fees are comparable to other areas, to which Administrator Butch replied in the affirmative, stating they are pretty standard. Madeleine Steele, f~ 3~s CITY COUNCIL MARCH 22,.197.7 ARROYO GRANDE, CALIFORNIA PAGE 4 1598 Hillcrest, stated it would be helpful to know how the proposed fees were arrived at. Bill McCann felt the fees should be based c~~ square footage of a house,. otherwise it would create a hardship on low cost housing. Bill Langworthy suggested 104 per sq. ft. be charged for houses as well. as industrial and commercial units. There being no further public discussion on this matter, Mayor de Leon declared the hearing closed. The Council discussed the proposed fees at length, and the legality of imposing such a fee. City Attorney Shipley stated that a City has the authority to tax for revenue, but not to restrict construction.- He questioned whether revenue could be raised for schools, stating a legal case is now pending regarding the taxation of construction for the benefit of schools. In regard to Section 5 of the proposed ordinance, Councilman Gallagher felt the City Council should set all fees. He recommended a 104 per sq. ft. fee for residential and 1.54 per sq. ft. for industrial and. commercial units, and if the taxing for schools is established, then bring these figures back to the Council for possible lowering. Councilman Millis stated he did .not feel that new con- struction should be a burden on residents already here and favors the square footage concept, but wants to know exactly what they are for. He felt this was a step in the right direction, but wants to have- investigated what will be needed with this- growth. Mayor de Leon suggested the fee be based on a percentage of construction evaluation at perhaps ~ of 1~. Administrator Butch stated that this becomes a judgment and very difficult. .Councilman Millis suggested the. fees go into a general Capital Improvement Fund instead of just parks. Discussion was held on how to get park land at the time a subdivision is approved and charging the square footage fee on dwellings before they are built. Councilman Millis suggested that perhaps a $100 fee be charged per lot for the parks when a subdi- vision is approved, and build that now, and as the subdivision grows and population grows, as they come in for their Building Permit and they state how big the house will be, then levy the square foot tax fee, just as on a property tax bill. The. land will pay for the park and the dwelling unit will pay for the additional city services. that they caused by building a home here. He would like to go beyond just the $1.00 per lot for parks. After Council discussion, a motion was made by Councilman Spierling, seconded by Councilman Schlegel and unanimously carried, referring the proposed ordinance back to the staff to consider the public input and comments from the Council and that they come back with a proposal that includes both this parks proposal as well. as the imminent proposal for schools and see a package on the-whole thing, with a time limit of 90 days for it to come back before the Council. If the staff resolves everything within that time limit except for the school tax problem, the proposed ordinance is to come back to the Council without the school tax being resolved. REVIEW OF LEGISLATIVE BULLETINS - AUTHORIZE BUDGETING FOR LEAGUE HEADQUARTERS The Council received. and reviewed the latest Legislative Bulletins from the League of California Cities. Also reviewed was a letter from the League's President, requesting to know the City's method for payment of its share of the special building assessment for the Leac}ue's permanent headquarters building. A one-time lump sum payment, of $2,025 can be paid by August 1, 1977, which includes a 10~ discount, or the assessment can be paid in three installments: over three years at $750.00 per year without interest. After Council discussion, a motion was. made by Councilman Schlegel, seconded by Councilman Spierling and carried,. authorizing the amount of $2,025 be included in next year's budget to pay the City's special building assessment in full, for the League's headquarters building. PROGRESS REPORT - COUNTY REGIONAL CENTER - SPIERLING Councilman Spierling reported on a recent meeting regarding the County Regional Center, which personnel from St. Patrick's school had also attended. Traffic patterns and traffic flow problems and ramifications had been discussed, along with ways to shield the school and students from the traffic® Possibility of the placement of an elementary school on the Browne property was also dis- cussed, when it is developed. A map will be put together by the project's. engineer, to show the Council the alternative regarding traffic solutions which was approved by those present at the meeting. DISCUSSION RE. HEIGHT LIMITATION PROBLEMS ON RUTH ANN WAY DEVELOPMENT Director of Public Works Anderson, Jr., reviewed with the Council his report on the height limitation problem on Ruth Ann Way, which had been brought before the Council at its last regular meeting. He stated Ordinance No. 138 C.S. gives a height limitation of 18' and 22' above "the established curb elevation~~~ and the problem arises on the interpretation of this. Using the high point of the curb directly in front of the property alleviates many. problems with retaining - - 30'7 CITY COUNCIL MARCH 22, 1977 ARROYO GRANDE, CALIFORNIA PAGE 5 walls and excessive outs on the property. He pointed out that problems will be encountered with the development of Lot 9 and special considerations may have to be given there. Several persons present in the audience commented on the matter. After Council discussion, a motion was made by Councilman Schlegel, seconded by Councilman Spierling and carried, approving the interpretation recommended by Director of Public Works Anderson, that the- established curb height be interpreted to be the high point of the curb directly in front of the property, from which the. 18' and 22' height limit will be measured. ACTION ON RECOMMENDATIONS FROM THE AREA PLANNING COORDINATING COUNCIL The Council reviewed several recommendations from the San Luis Obispo County and Cities Area Planning Coordinating Council, and after discussion of each, took the following actions: A motion was made by Councilman Spierling, seconded by Councilman Gallagher and carried, adopting certain amendments to the Elderly/Handicapped Lnterim Joint Powers Agreement. A motion was made by Councilman Gallagher,. seconded by Council- man Schlegel and carried, adopting certain amendments to the Memorandum of Under- standing between the Department of Transportation and the- Area Planning Council, regarding membership on the Technical Committee. The Council directed that a representative of this City be present at a hearing to be held on Thursday in San Luis Obispo, voicing this City's-opposition to the effort of the County of Ventura to disassociate itself from the Southern California Area of Governments, and associate- with the Santa Barbara-San Luis Obispo Counties'.. group. Councilman Spierling reported on the March 16th meeting of the Area. Planning Coordinating Council, with the main. topic of discussion having been transit,-and a review of the election results on the advisory question regarding formation of a transit district,: on which County voters were recently polled. The Area Council will go ahead with the Interim E1derlylHandicapped Agreement, starting to operate on a small scale and as demand becomes evident, meet it. MUNI. CODE AMENDMENT a ORDINANCE ADOPTION °- AMEND ORDm 140 C.S. RE IMPROVEMENT TIMING OF OAK PARK ROAD Administrator. Butch read the title of an ordinance amending Ordinance No® 140 C.S. regarding the timing of improvements on a portion of Oak Park Road in conjunction with the development of Oak Park Acres; thereafter, a motion was. made by Councilman Schlegel, seconded by Councilman Gallagher and unanimously carried, to dispense with reading the balance of this Ordinance.. ORDINANCE NOo 150 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING. A PORTION OF THE DEVELOPMENT REQUIREMENTS FOR OAK PARK BOULEVARD AS SET FORTH IN SUBSECTION 3d OF SECTION 4 ENTITLED DEVELOPMENT REQUIREMENTS, OF ORDINANCE NO, 140 C.S. 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 22nd day of March, 1977. APPROVE PLANS AND DESIGNS FOR STROTHER COMMUNITY PARK Administrator Butch reviewed with the Council the plans, approved by the Parks and Recreation Commission, for development of Strother Park. The design showed placement of parking, play areas and picnic areas. After Council. discus- sign, a motion was made by Councilman Millis, seconded by Councilman Gallagher. and unanimously carried, the plans for development of Strother Community Park were approved as presented. The Council also reviewed a letter from the County Planning Department:, setting forth the distribution of the grant funds received. under the 1976 State Urban and Coastal Park Bond Act, with this City's allocation being $36,86$.00. 3~D~ CITY COUNCIL MARCH 22, 1977 ARROYO GRANDE, CALIFORNIA PAGE 6 REPORT - RECENT MEETING WITH AREA CITIES & SCHOOL DISTRICT RE. BUILDING FEE Administrator Butch reported on a recent meeting attended by him along with Councilman Gallagher, Planning Director Gallop, School District Superintendent Hoagland, and representatives from the County Planning Department and District Attorney's office. Discussion had been held regarding establishment of a building fee on new construction to go toward helping schools. Deputy District Attorney Hubbard had prepared a proposed ordinance which is similar to Senate Bill 201. It was felt that the ordinance was not restrictive. enough as it covered 10-house subdivisions or more, and it was felt at the meeting that any individual building should be included, so this will be amended. They were also advised by Supernten- dent Hoagland that he has received word from a State representative that some of the things being proposed might be illegal. This type of tax may be allowed in charter cities but not in general law cities. In the meantime, the Committee of four planners will work with the school to determine projected growth and what may be needed in the way of classrooms, establishment of rates and revised ordinance. Another meeting will be held in about a month. Also reviewed was a statistical report from 1972 to 1977, showing the effect of SB 90 on the General Purpose Tax Rate .and Income. RECEIPT OF HUMAN RELATIONS COMMISSION MINUTES & AGENDA The Council received, reviewed and ordered filed the Agenda and Minutes for the February 2, 1977 meeting of the Human Relations Commission of South San Luis Obispo County. NOTICE RE. LIQUIDATION OF CITY'S LIABILITY INSURANCE CARRIER - STAR INS. CO. Administrator Butch informed the Council that notification has been received of the liquidation of Star Insurance Company, one of the City's prime comprehensive liability carriers. The City's insurance broker has found new coverage for the City, without disruption of coverage, at a slightly higher cost. Approximately $5,000 additional will have to be budgeted next year for this same coverage.- APPOINTMENT OF DOWNTOWN PARKING ADVISORY BOARD MEMBER - CHADWELL A motion was made by Councilman Spierling, seconded by Councilman Gallagher and unanimously carried, appointing Edward Chadwell to the vacancy on the Downtown Parking Advisory Board, as recommended by the Arroyo Grande Village Merchants Association. His term will expire January 31, 1979. NOTICE RE. MO3OUIT0 ABATEMENT PROGRAM IN SOUTH COUNTY Administrator Butch informed the Council that the cities of Grover City and Pismo Beach are experiencing problems with mosquitos, and it is anticipated that this City will work with them and the County and State to abate the problem, as done in the past. FOURTH QUARTER REPORT ON SALES TAX REVENUE AND CIGARETTE TAX The Council reviewed a report on the 1976 fourth quarter sales tax receipts and cigarette tax receipts for January and February of 1977. This fourth quarter of sales tax receipts reflects a 13.3$ increase over the same quarter of 1975, and the year's total at $372,812 which is a 23.3 increase over 1975. RESOLUTION ADOPTION RE. PRECINCT OFFICERS & POLLING PLACES FOR MAY 10TH ELECTION Administrator Butch read the title of a resolution appointing election officers and designating polling places for the City's Special Election to be held on May 10, 1977; thereafter, a motion was made by Councilman Schlegel, seconded by Councilman Gallagher and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION N0. 1275 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, APPOINTING ELECTION OFFICERS AND DESIGNATING POLLING PLACES FOR THE CITY'S SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON THE 10TH DAY OF MAY, 1977, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. 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 Resolution was passed and adopted this 22nd day of March, 1977. ~1 __309 CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 22, 1977 PAGE 7 NOTICE FROM CORPS OF ENGINEERS RE. JURISDICTION OVER A.G~ CREEK The Council reviewed a notice from the Department of the Army, Corps of Engineers, advising that they will exercise their jurisdiction over the Arroyo Grande Creek, as per Section 404 of the Federal Water Pollution Control Act Amendments of 1972,. which means a permit is required fore any work to be done involving the creek. Permits still have to be obtained from the Department of Fish and Game also. DE__SIGNATION OF THE MONTH OF MAY AS "55 M.P.H. COMPLIANCE MONTH" As requested by the Department of California Highway Patrol, Mayor de Leon designated May, 1977, as "55 M.P.H. Compliance Month" in the City of Arroyo Grande. AUTHORIZE CHARGE FOR SAND HAULED FROM CITY'S ASH/ELM STREET PROPERTY The Council reviewed a report from Director of Public Works Anderson in which he recommended the establishment of a price on the removal of sand at the City's drainage area on Ash Street at South Elm Street. Local contractors have been taking sand from this area on a free basis over the past years. Since the enlargement and deepening of this drainage area will require reshaping, slope planting,. relocation of play ground areas and sprinkler system, etc. he is recommending that 20C per yard be charged on this excavated sand to offset the aforementioned costs, with said monies to be placed in a fund for relocation and improvements on the graded areas. After Council discussion, a motion was made by Councilman Schlegel, seconded by Councilman Spierling and unanimously carried, approving a 20~ per yard charge on an honor basis' four sand removed 'from' 'the -Miry"s property on Ash Street at Elm. SET PUBLIC HEARING RE. INTEREST FOR SIDEWALK INSTALLATION ON THE PIKE: 4/12/77 Director of Public Works Anderson reviewed a report from City Engineer Karp regarding the recent request by the North Oceano School for the installation of sidewalks on the north side of The Pike, between. South Elm Street and the westerly City Limits. He had contacted the majority of involved property owners, with neither enough owners in favor of the project (60~ of the frontage) to voluntarily petition for the improvements, nor enough to kill a voluntary effort (approx. 40~ of frontage). After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Millis and unanimously carried.- setting a public hearing for April 12, 1977 at 8:OO P.M. to determine the. public interest in the formation of an assessment district under ,the Short Form.Improve- ment Act of 1911. for the installation of concrete curbs, gutters., driveway aprons and sidewalks on the north side of The Pike, between South Elm Street. and the westerly City Limits. AUTHORIZE SIGNING OF MASTER AGREEMENT WITH DEPARTMENT OF TRANSP. RE. SAFETY PROJECTS Administrator Butch recommended approval of an agreement with the State Department of Transportation regarding safety projects. The project being considered at this. time is for the placement of paved markers on the City's major streets. The County administers. the contract through the Federal Highway. Act. After Council discussion,- a motion was made by Councilman Schlegel,. seconded by Councilman Gallagher and unanimously carried, authorizing the Mayor. and City Clerk to sign,- on behalf of the City, a master agreement on safety projects with the State Department of Transportation. REPORT - ZONE 3 ADVISORY COMMITTEE MEETING - MILLIS Councilman Millis reported on the March 17 1977 meeting of the Zone 3 Advisory Committee, stating that the regular monthly reports from the Parks & Beaches and Water Treatment Plant had been heard. At the end of February, Lopez Lake was 13.59 feet below the spill. Pismo Beach plans on purchasing. 150 acre feet from surplus Lopez water. Doug Jones had been hired by the County as Superintendent of the Treatment Plant, replacing Deril Waiters who retired last year due to health problems. REPORT - RECENT MEETING RE VALLEY RD. IMPROVEMENT PROGRAM - CITY/CO. JNT. 'VENTURE Administrator Butch reported that he, Councilman Gallagher, Director of Public Works Anderson, City Engineer Karp and County Engineer Protopapas had met with the sons of the property owners of necessary right of way for the improvement of Valley Road, particularly in the "S" curve area. The property owners made it clear they were not interested in selling or giving their land to the City. Thought had been given to annexing the county portion of Valley Road into the City, but this is not possible as it would create an island. The City Council discussed the matter at length, with a suggestion being made that an asphalt pathway be put in at this time on acquired right of way, from the Sunrise Terrace Mobile Home ~ 310 CITY COUNCIL MARCH. 22, 1977 ARROYO GRANDE, CALIFORNIA PAGE 8 Park area to the high school, until the remaining. necessary right of way is obtained, for the public safety of the approximately 1000 residents living south of the "S" curve and others who use this street. Discussion continued regarding condemnation proceedings to acquire the right of way; spending of City funds in the County; and whether money should be expended to put in a temporary walkway until complete right of way is obtained. It was clarified that because a portion of the road is in the County, this would be a joint venture between the City and County, with the County to acquire the necessary right of way and do the prelim- inary drawings and the Gity was going to use its funds for the construction. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Millis and carried, requesting the County to proceed with condemnation proceedings for acquisition of necessary right of way along the portion of Valley Road in the County, but .hat if the County won't proceed with it, ask them in a backup letter to proceed with plans and design for the asphalt walkway which the City w~.ll put in. REMINDER RE. CRIME PREVENTION FAIR - MARCH 26, 1977 The Council was reminded of the Crime Prevention Fair to be held on Saturday, March 26, 1977 at the Mid-State Bank parking lot in Arroyo Grande. ENCOURAGE INVOCATION BY DIFFERENT FAITHS - WOLF Fred Wolf, 540 Gaynfair, encouraged the City to also invite members of the Buddhist and Jewish faiths in this area to give the invocations at the beginning of Council meetings. CLARIFICATION RE. PETITION FOR REZONING - JACKSON Elizabeth Jackson, 508 Fair View, stated that a petition for Brighton and Fair View was not presented tonight because they were told that the Municipal Code requires signatures of one or more of the property owners that they want to rezone. The Municipal Code, she stated, ties their hands under the Constitu- tional Rights under the First Amendment to petition their government for regress of grievance. RECOMMENDATION FOR RULES OF PROCEDURE ESTABLISHMENT AT MEETINGS - MILLIS Councilman Millis requested consideration be given that rules of procedure be established by the staff and City Attorney, based probably on Robert's Rules of Order, to be followed during Council meetings, which are rather loose right nowo His concern was about items being brought up that are not on the agenda, which could well be held off until the next meeting, or require more study. Fred Wolf suggested the use of A. Sturges' Rules of Parliamentary Procedure be used for guidelines. ADJOURNMENT On motion of Councilman Schlegel, seconded by Councilman Spierling and unanimously carried, the meeting adjourned at 10:56 P.M. ATTEST: ,%~• CITY CLERK ~"~" MAYOR