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Minutes 1978-04-25 006 :~.". ..;~:,; CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 25, 1978 The City Council met in regular session with Mayor Mark Millis presiding. Upon roll call, Counc11 Members Hugh Pope, Jr., Gabe de Leon and B'Ann Smith reported present. Council Member Matthew Gallagher, Jr., is absent. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag. Reverend Rod Ritchie, of the Church of God in Grover City, delivered the invocation. APPROVAL OF MINUTES On motion of Councilman de Leon, seconded by Co~ncilwoman Smith and unanimously carried, the minutes for the regular meeting of April 11, 1978, were approved as prepared. ~ APPROVAL OF WARRANTS On motion .of Councilman de Leon, seconded by Councilwoman Smith and unanimously carried, Demand Warrants No. 8353 through No. 8443, in the total amount of $133,308.73 (which includes $54,000+ for the purchase of SCAT buses); and Payroll Warrants No. 11307 through No. 11396, in the total amount of $64,050.01, were approved and ordered paid. PROCLAMATION - WEEK OF MAY 1ST AS "YOUTH WEEK" Mayor Millis proclaimed the 1st week in Mayas "Youth Week" in the City of Arroyo Grande, as requested by the Elks. PROCLAMATION - MAY 19TH AND 20TH AS "POppy DAYS" Mayor Millis proclaimed May 19th and 20th, 1978, as "Poppy Days" in the City of Arroyo Grande, as requested by the V.F.W., and he urged citizens to buy the poppies in support of this. PROCLAMATION - "CALIFORNIA CONSERVATION DAY" - APRIL 28, 1978 Mayor Millis proclaimed April 28,1978, as "California Conservation Day" in the City of Arroyo Grande, as requested by the California Conservation Corps. Administrator Butch reported that the Corps has asked the City to partici- pate in tree planting to take place on April 28th at Strother Park along with a dedication. Friends and relatives of Nancy Conrow have contributed funds for trees to be planted in an area of Strother Park, which the Administrator pointed out on a plot map of the park. An area around the children's playground will be planted with trees in memory of Angela Karp, from contributions received fo.r this. APPEAL RE. DENIAL OF FEE EXEMPT BUSINESS LICENSE (PETERS) - DENIAL REVERSED Administrator Butch reviewed that on February14,1978, the Counc.:.l had denied the request of Glenn Peters for a fee exempt business license for the Small Fry School Supply, which is part of the Youth Potential Development. Association, a non-profit organization. Denial had been based on the lack.of response from Mr. Peters to requests by the City for addit.ional information to confirm the non-profit status of the business. Mr. Peters has now submitted all informat10n requested, confirming the non-profit stand1ng of the school supply business and appealing the City's denial of the fee exempt license for said business. He apologized for the delays in submitting the information, which was caused because of a move in locations of the Peter Pan Pre-School/Small Fry School Supply. After Council discussion, a motion was made by Councilm~~ de Leon, seconded by Councilman Pope and unanimously carried, granting a fee exempt business license to Small Fry School Supply, as requested by Glenn Petersc ~ SET MEETING TO STUDY PROPOSED SPORTS COMPLEX PLANS FROM SPORT ASSOC.: 5/ 10/78 The Council read a letter from Gee Gee Soto, representing nume.rous sports associations in the area, requesting the Council to allot time to study an idea the Sports Association has come up with for an over-all sports complex on the City's property on Ash at Elm Street. The Council generally agreed that a study session, separate from a regular Council meeting, might be good for this, with the Parks and Recreation Commission to also be in attendanc'e~ The Council set Wednesday, May 10, 1978 at 7:30 P.M. for the meeting, to be held in the Council Chambers. f n n I r.!07l 'I: ' CITY COUNCIL ARROYO GRANBE, CALIFORNIA APRIL 25, 1978 PAGE 2 INVITATION TO SECOND ANNUAL The Council received Senior Citizens Area Agency Aging and Public Policy, to SEMINAR ON AGING, MAY 9, 1978, SANTA BARBARA an invitation from the Tri-County Commission for on Aging, to attend the Second Annual Seminar on be held in Santa Barbara on May 9, 1978. LETTER OF CONCERN RE. FUNDING OF TALLY HO RD. DRAINAGE PROBLEM CORRECTIONS(DAVID) The Council read a letter from Andrew David, 227 Branch Street, who stated his concern about a rumor that the City intends to correct the Tally Ho drainage problems by using general tax revenues. He objects strongly to use of said funds for this, unless private property problems of other residents in the City will also be corrected using general funds. Mr. David was present and amplified further on his letter. Council discussion fo~lowed, with CO'Jncilman Pope stat~ng that the people on Tally Ho realize they have to share in the costs. Mayor M~llis olarified that he had made the statement that there is a severe flooding problem which needs to be corrected, but he did not spell cut how it would be done. The City Staff had been asked to look into it, after which an engineering firm was hired to make a full study of the best way to solve the problem. Councilman de Leon felt the only way to go ~s an assessment district, unless grants are available. NOTICE OF QUARTERLY MEETING OF CHANNEL COUNTIES' DIVISION OF THE LEAGUE The Council received notice of the quarterly meeting of the Channel Counties Division of the League of California Cities, to be held on May 5, 1978 in Santa Barbara. REQUEST FOR SUPPORT OF MORAL PUBLIC NUISANCE ABATEMENT INITIATIVE - NO ACTION The Council read a letter and related information from Attorney James Clancy of Glendale, requesting support for placement of an initiative measure on the November, 1978 ballot, entitled "Abatement of Moral Public Nuisances Law"~ Mayor Millis reviewed that Council policy in the past has been to not take a stand on issues until they have qualified for the ballot, pro and con arguments have been rev~ewed fully, and the measure affects the City, The Council took no action on this mat~er. PROCLAMATION - "SYMPHONY' WEEK" - MAY 7TH THROUGH ',3TH, 1978 Mayor Millis proclaimed the week of May 7th through 13th, 1978, as "Symphony Week" in the City of Arroyo Grande, as requested by the County Symphony Association. PROCLAMATION - "SOIL STEWARDSHIP WEEK" - APRIL 30TH,THROUGH MAY 7TH, 1978 Mayor Millis proclaimed the week of April 30th through May 7th, 1978, as "Soil Stewardship Week" in the City of Arroyo Grande, as requested by the Arroyo Grande Resource Conservation District. ADOPT ORDINANCE ESTABLISHING BUILDING SURCHARGE FEE ON ALL NEW CONSTRUCTION Bri af discussicn was" heid' by the Council ,~egard~ng the bufItl1ng' SUL~ charge ordinance. Councilman Pope felt wording should be added that funds collected under this new Q!'dinance be "for expansion of existing C~ty buildings" to clarify use of the funds. Mayor Millis felt this would be too ccnfining. City Attorney Shipsey then read the title of an ordinance amending the Municipal Code by adding provisions for the collection of a surcharge on new construc~ion. A motion was made by Counci~an de Leon, seconded by Councilwoman Smith and unanimously carried, to d~spense with reading the balance of this Ordinance. ORDINANCE NO. 178 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANBE MUNICIPAL CODE BY ADDING ARTICLE 5 TO CHAPTER 3 OF TITLE 3 OF THE ARROYO GRANDE MUNICIPAL CODE PROVIDING F'OR A LICENSE TO TAX UPON CONSTRUCTION OF RESIDENTIAL DWELLING UNITS, MOBILEHOME LOTS AND COMMERCIAL BUILDINGS, On motion of Council Member de Leon, seconded by Council Member Smith and on the following roll call vote, to wit, AYES, NOES: ABSENT: Council Member's de Leon, Smith and Mayor Millis Council Member Pope Council Member Gallagher the foregoing Ordinance was passed and adopted this 25th day of April, 1978. . 008 CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 25, ": 978 PAGE 3 DISCUSSION RE. EL CAMINO REAL ANNEX. NO. 1 - . APPEAL LAFCO DECISION Administrator Butch again reviewed what had been reported at the Council's last meeting in reference to the public hearing held by the Local Agency-Formation Commission (LAFCO) on the proposedEl' Camino Real Annexation No.1, and that Commission's directive. He recommended that the Council appeal LAFCO'S decision to approve,the annexation .subject- to an election by voters in the subject area only. He indicated that the City's services to the area where not adequately presented and there was some misinformation regarding previous attempts tc annex this area. Fire Chief Marsalek was present and clarified that his Department responds to that area only after the California Forestry Department (CDF) from Nipomo has arrived on the scene first and then requests mutual ai,d from this City. If City property is in, danger, then the City may be first on the scene, but in most instances not~ He reviewed the differences in ~esponse time to the Brisco area by CDF and the City Fire Department, and difference in fire insurance premiums the response times make. He explained that medical aid is included to that area and other areas outside of the City Limits. Various'residents of the subject a.rea were present and voiced their opposition to the annexation and indicated strong feelings that they should have a voice in whether the area is annexed or not. Judy Tappan of Chilton Road p01nted out that a petition with 82 signatures ,had been presented to LAFCO opposing the annexation. The Council discussed the matter at length, with Council Members de Leon and Smith generally agreeing that the LAFCO decision be appealed to allow all information-from the City 'to be presented. Council Member Pope felt that the people in the subject area should either present a petit10n showing their desire to annex, or be allowed to vote on the matter. Administ2'ator Butch stated that if LAFCO allows the appeal, their public hearing would be reopened to allow the submission of additional information., Mayor Millis suggested that a letter be sent to all residents-in the area proposed for annexation, informing them of the benefits and services the City could give theme After Council discussion, a motion was made by Councilman de Leon, seconded by Councilwoman Smith and ,unanimously carried, appealing the decision of LAFCO on the El Camino Real Annexation No.1. REPORT RE. BONITA HOMES ANNEXATION TO GROVER CUY (GHORMLEY) - HELD OVER Administrator Butch requested, and the Council agreed, to hold over dis- cussion of the proposed annexation on The Pike of Bonita Homes to Grover City, pending a report on, the matter from City Staff. APPOINTMENT TO DOWNTOWN PARKING ADVISORY BOARD - HUGHES Mayor Millis nominated Ira.Hughes, of Ira's Bike Shop in Arroyo Grande, to fill' the vacancy on the Downtown Parking Advisory Board. The nomination was seconded by Councilman de Leon and unanimously carried, making said appointment, FURTHER DISCUSSION RE. USE OF POLICE HOLDING CELLS BY COUNTY The Council reviewed a report from PoliceChiet Clark in regard to the request by the County to use the Police Department's holding cells co temporarily detain juven1les until they can be transported to Santa Barbara. His report outlined the additional responsibilities and time this would requ1re of his personnel. No offer of compensation to the City for these services had been made by the County. The Council discussed the proposal, being generally apprehensive about it and finally agreeing that the decision be made by the Police Chief whether or not he wishes to become involved in the requested services, and if so, that he. prepa~e the criteria fOl:' an agreemente -.-.- PROGRESS REPORT - SELF-INSURANCE OF'LIABILITY COVERAGE Administrator Butch gave a progress report on the proposed Central Coast Self-Insurance Fund Joint Powers Agreement for liability insurance. He stated that it is hoped the agreement will be ready to go in effect on July 1, 1978. The current premium rate will probably be reta1ned, but the coverage will increase from 2 to 5 million dollars and the deduotible w111 decrease from $1500 to S1000. ~ ~ ~ '- ri ~ \)09 l CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 25, 1978 PAGE 4 NOTICE RE. PUBLIC HEARING - APPEAL RE. DENIAL OF PREZONING ON HUASNA(WELLS)-5/9/78 The Council received notice that a public hearing has been set for 8,00 P.M. on May 9, 1978, to consider the appeal of L.B. Wells of the Planning Commission's denial of his request for prezoning of property on Huasna Road just outside the northeasterly City Limits. REVIEW OF PLANNING CCMMISSION'S RECOMMENDATIONS RE. SAN LUIS BAY PLANNING AREA Planning Director Castro reviewed with the Council his report dated April 19, 1978 regarding the Planning Commission's recommendations regarding the San Luis Bay Planning Area which is a portion of the proposed Land Use Element of the County General Plan. A Land Use Map was also reviewed, showing boundaries proposed as the City's possible service areas in the future, which include 371 acres not presently within the City's limits and deannexation of 26 acres along Printz Road. Also reviewed were a list of recommended changes by Planning Staff in the San Luis Bay Plan document. The Council and persons present in the audience discussed and commented on the plan. In reply to Mayor Millis' concern that the Rancho Grande area being shown in the City might prejudice LAFCO, Planning Director Castro stated this is just a guideline for the next ten years to show what the City feels it could reasonably service. After further Council discussion, general consensus was that no action would be taken on the plan at this time, to enable the Council additional time to study if fully. RECOMMENDATION FROM PLANNING CCMMISSION RE. TREE ORDINANCE Planning Director Castro reviewed with the Council his report dated April 17, 1978 regarding the Planning Commission's consideration of a new tree erd1nance. The Commission had felt the current ordinance to be adequate. Since that meeting, a petition bearing 7 signatures had been submitted to the Planning Commission urging the adoption of a tree and site preparation ordinance to protect trees en private properties. The Council had also received copies of the City of San Luis Obispo's tree ordinance which was reviewed. In view of the petition received, the matter will be reviewed further by the Planning Commission. RECEIPT OF QUARTERLY REPORT - COUNTY AIR POLLUTION CONTROL DISTRICT The Council received copies of the quarterly report of the County of San Luis Obispo Air Pollution Control District, which was reviewed and ordered filed. PROGRESS REPORT - SOUTH COUNTY AREA TRANSIT (SCAT) Administrator Butch stated that at the next meeting of the South County Area Transit Committee, the final details will be worked out for the transit system. CLAIM AGAINST CITY BY BAXTER - DENIED On motion of Councilman de Leon, seconded by Councilwoman Smith and unanimously carried, the claim of Mr. and Mrs. W. H. Baxter against the City was denied, as recommended by the city's insurance carriero AUTHORIZE COUNTY-WIDE MUTUAL AID FIRE AGREEMENT The Council reviewed a recommendation from Fire Chief Marsalek, that the City enter into a San Luis Obispo County-Wide Fire Protection and Fire Fighting Mutual Aid Agreement. The agreement allows better coordination of mutual fire protection in the event of fire di.sasters, such as recently occured in Santa Barbara. After Council discussion, a motion was made by Councilman Popej seconded by Councilman de Leon and unanimously carried, authorizing the Mayor and City Clerk to sign, on behalf of the City, the San Luis Obispo county- Wide Fire Protection and Fire Fighting Mutual Aid Agreement. REVIEW OF LATEST LEGISLATIVE BULLETINS FROM LEAGUE OF CALIF. CITIES The Council received, reviewed and ordered filed the l"test Legislative Bulletins from the League of California Cities. An analysis prepared by Admini- strative Intern Mark Dugle,of SB 1 (Behr). was also reviewed. The Council also briefly discussed the following pending bills: AB 2744 regarding labor relations and agency shop; and AB2659, compulsory and binding arbitration. The Council declined to take action on any of the bills~ 010 CITY' COUNCIL ARROYO GRANDE, CALIFORNIA APRlL 25,1978 PAGE 5 REQUES~ FOR SUPPORT OF AMENDMENTS TO CETA REAUTHORIZATION The Council reviewed a report from the California Employment and Training Advisory Council regarding reauthorization of the Comprehensive Employment and Training Act of 1973 (CETA) and pending legislation which would make amendments to the program by making it less flexible and taking away local controlso After Council discussion, general consensus was that the Council opposes any changes in the program which would take away local control regarding CETA administrationo NOTICE OF PUBLIC HEAR1:NG BY AREA COUNCIL RE, UNMET PUBLIC TRANSPORTATION NEEDS The Council received notice that the San Luis Obispo County Area Council of Governments will hold a public hearing on May 4, 1978 at 1,30 PoMo on the question as to whether there are unmet public tram;portation needs in the County 0 u PROGRESS REPORTS: FIRE STATIONl COMMUNITY BLDGo 1 STROTHER PARK Administ:rator But.ch gave progress reports on various City projects, as follows: a) Several- sites are being reviewed f:o,!' possi.ble fire station locations;: b) Reviewed with the Council the preliminary expansion plans of the Community Building. Mayor Millis questioned whether there would be a duplica- tion in having the expanded Community Building and the planned County facilitieso Administrator Butch stated his u.~derstanding that the County facilities' would be geared more fo.<' Senior 'Citizenswhereas the Ccmmunity Building is available to all groups and ageso Councilman Pope related criticism that has been conveyed to him regarding the parki.ng lot at the Community Building, stating that it is apparently difficult for some of the older people to walk up the grade from the parking area to the building. (c) The plans and specifications for the fi.rst phase of the Strother- Community Park have been completed anel forwarded to the State for approval, as required due to grant funds being involved. When the approved plans are returned from the state, a call for bids will be madeo REPORT - RECENT ZONE 3 ADVISORY BOARD MEETING - MILLIS May".:r' Millis reported on the April 20, 1978 meeting of the Zone 3 Advisory Board. The regular monthly reports from the Recreation Area and Treatment Plant were heard. Visitors and revenue at the lake were up in Mar'ch due to the Easter vacati.on week.. S.o fa:r ~ the cu:n:."ent rain season is the second wettest on record. A proposed bond sale for purchase of the Recreational Area by the County seems to have di.ed after a report on the matter was heard from the County Counsel's Officeo APPROVE PARCEL MAP AG-AL-78-.07, HILLCREST DRIVE (CHRlSTIAN) ... ..City Engineer Karp reviewed with the Council a copy of Parcel Map AG-AL- 87-07, reflecting a lot split (Case No. 77.-274) to make a lot line. adjustment on: prop:Srty located between Hillcrest and Sie.teta Drives. The adjustment erases a flag access from Parcel 1 to Sierra Driveo .. .ALter Council. discuS',:!:',1:m>> a motion VNas made by Councilman Pope, seconded by Councilman de Leon ~nd unanimously carded, finding that Parcel Map AG-AL- 78-'07 is consistent with the. City's General Plan and Zoning, and approving said mapo u APPROVE PARCEL MAP 78-461 (LA VTNE)- HELD OVER ~. App."!oval of Parcel Map No ~ '18 -461 {LaVine} j was held over as it is not ready yeto PROGRESS REPORT - TALLY HO DRAINAGE STUDY City Engineer Karp reported that the T~lly Ho Drainage Study by Garing, Taylor & Associates should be ready in two weeke, as the study is past the data gathering stage, with w.ritB ups being made and plans being drawn. Various ways of ftinding the drainage soluti.on are being invsscfgated as welL F.ive Citi'BS Times-Press-Reco,rder reporter Dennis Baughman questioned the manner of financing the Tally Ho Study. City Engineer Karp stated that. it remains tc be seen whethec the City will be reimbursed for these costs. r I '\ ' n"1 1 L'....:........ CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 25, 1978 PAGE 6 REQUEST FOR SUPPORT OF MORAL PUBLIC NUISANCE ABATEMENT INITIATIVE - LORENZ Reverend Larry Lorenz of Arroyo Grande urged the Council to support the Moral Public Nuisance Abatement Initiative proposal, considered earlier in the Agenda. Jim Fortson of Arroyc Grande urged the Council to adopt an Anti-Porno- graphy Ordinance similar to the one just adopted by the City of Pismo Beach, He stated his feeling that Attorney Clancy of Glendale would be most cooperative in sending samples of the nuisance ordinance to the City upon its requesto Councilman de Leon requested that the matter of considering an anti- pornography ordinance be placed on the Council's next agenda, REQUEST FOR PROGRESS REPORT ON COUNTY'S REGIONAL CENTER - MILLIS Mayor Millis requested that the Council's next regular agenda include a progress report on the County's Regional Center, to be located in the City between the Community Building and St. Patrick's School. REQUEST FOR EXPERIMENTATION WITH "CONSENT" AGENDA - MILLIS Mayor Millis requested the Council's permission to allow the Administr'ator to experiment with a consent agenda for routine items at the Council's next regular meeting. He explained that a consent agenda would include routine items (such as letters of thanks, notices of meetings, etc. which do not require Council action) which would be lumped together and acknowledged by the Council at one time instead of being reviewed item by item. Any item within the consent agenda may be ,removed therefrom for discussion by anyone of the Council Members if they so wish. The Council gave its approval to give this proposal a try. ADJOURNMENT On motion of Councilman de Leon, seconded by Councilwoman Smith and unanimously carried, the meeting adjourned at 9:43 P.M. until 1:30 P.Mo on Saturday, May 6, 19780 ATTEST:~~/ .2 .ddCar;,r-n CITY CLERK