Minutes 1977-02-22CITY COUNCIL FEBRUARY 22, 1977
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session with Mayor Gabe de Leon presiding.
Upon roll call, Council Members Al Spierlinq, Matthew Gallagher, Jr „ Calvin
Schlegel and Mark Millis reported present,
PLEDGE OF ALLEGIANCEAND INVOCATION
Mayor de-Leon led the Pledge of Allegiance to our Flag; and immediately
thereafter, Pastor Mike Deming of the Seventh Day Adventist Church in Arroyo
Grande delivered the invocation.
APPROVAL OF MINUTES
The minutes for the regular meeting of February 8, 1977, were approved as
prepared.
APPROVAL OF WARRANTS
On motion of Councilman Spierlinq, seconded by Councilman Gallagher and
unanimously carried, General. Warrants No. P216 through No. P228, No. P232 and
No. 6051. through No. 6109, in the total amount of $92,616,54; and Payroll. Warrants
No. 8261 through No. 8339, in the total amount of $28,863.85, were approved and
ordered paid.
SUPPORT LETTER OF OPPOSITION RE: MANDATORY UNEMPLOYMENT INS. FOR PUBLIC EMPLOYEES
The Council read a.letter from the County of Los Angeles' Board of
Supervisors,-urging support of their opposition,. by legal. challenge, to Public
Law 94-566, which mandates unemployment insurance coverage for all public
employees beginning January 1, 1978. The Council discussed the matter at length,
generally agreeing that the law would be costly to the City. After Council dis-
cussion, Administrator Hutch was directed to send a letter to the Los Angeles
County Board of Supervisors, stating the City's opposition to Public Law 94-566,
but not committing any funds for the legal challenge.
NOTICE OF QUARTERLY~LEAGUE DINNER - FEBRUARY 25, 1977, SAN LUIS OBISPO
The Council received notice that the League of California Cities - Channel
Counties: Division, will hold its quarterly dinner in San Luis Obispo at the
Madonna Inn on February 25, 1977.
INTERIM EMEFGENCYORDER FROMP.U.C. RE. USE OF NATURAL GAS
The Council reviewed an interim Emergency Order from the Public Utilities
Commission,. which directs that natural gas not be used for the purpose of swimming
pool•heating unless it is required for medical purposes. Conservation and
curtailment of.atatural gas use was urged so more would be available for transfer
to the East where an extreme shortage is being experienced. Mayor de Leon again
urged Arroyo Grande residents to conserve natural gas and water consumption.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
FEBRUARY 22, 1977
PAGE 2
REPORT FROM CAL POLY RE. ENROLLMENT TRENDS & INSTITUTIONAL CHARACTERISTICS ,
The Council reviewed a report from Robert E. Kennedy, President of the
California Polytechnic State University, entitled "Report on Enrollment Trends
and Institutional Characteristics", which is updated annually,
RESOLUTION OPPOSING REDISTRIBUTION OF SALES TAX REVENUES - ESCONDIDO
The Council reviewed a resolution from the City of Escondido, opposing
the redistribution of sales tax revenues on the basis of population, The Council
had previously taken a stand in opposition to the redistribution. Administrator
Butch reported that the matter is a dead issue with the Legislature now because
~, of the many cities voicing"their pro and con opinions on it.
NOTICE FROM LAFCO RE. HANDLING OF BOUNDARY CHANGE FILINGS
The Council reviewed a letter from Barbara Carlson, Deputy Executive
Officer of the Local Agency Formation Commission (LAFCO), advising that as a
result of recently adopted legislation, the City Clerk will no longer be
responsible for filing boundary change documents (annexations, reorganizations,
etc.) with the various State agencies, but rather LAFCO will act as the clearing-
- house to perform these functions.
COUNCILMAN MILLIS EXCUSED HIMSELF FROM THE COUNCIL TABLE DUE TO A POSSIBLE
CONFLICT OF INTEREST AND IS NOW ABSENT
NEGOTIATE FOR ARCHITECT RE. COMMUNITY BUILDING EXPANSION
The Council reviewed recommendations from the Planning Director, Community
Building Committee, Parks & Recreation Commission and the Woman°s Club of Arroyo
Grande, that the Community Building be expanded, to accomodate about 200-225 people
seated for meals. There is $65,000 now in the budget for the expansion, The
Council''discussed holding .over the matter until additional budget study sessions
and public hearings are held regarding revenue sharing funds expenditures, to
ascertain what additional funds will be available, After further Council discus-
sion, a motion was made by Councilman Schlegel, seconded by Councilman Gallagher
and carried, authorizing the City Administrator to negotiate for an architect for
the Community Building expansion and research costs of the project.
COUNCILMAN MILLIS IS NOW PRESENT
COUNCILMAN SPIERLING EXCUSED HIMSELF FROM THE COUNCIL TABLE DUE TO A POSSIBLE
CONFLICT OF. INTEREST. AND ISNOW ABSENT
PUBLIC HEARING - EASEMENT EXCHANGE-"LOOMIS HEIGHTS"(MILLER) - ORD. FIRST READING
The Council reviewed a report from the previous City Engineer, Joe Garcia,
reporting that when Tract 577 "Loomis Heights" had been approved, two parcels
were accepted by the City for water tank, turn around and pump station purposes.
The developer of the tract, John Miller, has since recordation of the tract map,
purchased an additional parcel just northerly of the tract, which is higher and
better suited for the water tank site which is to service the tract and future
development. The tank location was therefore moved, making Parcels C and D in
Tract 577 no longer necessary to the City. Lt was recommended that a swap of
easements be accomplished. The. City would convey to Mr. Miller its rights and
interests in Parcels C and D of Tract 577 and Mr. Miller will grant the City an
easement containing 0.325 acres for the tank site on his property, The Planning
Commission has recommended this easement exchange be approved,
i 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 this matter.
There being no public discussion on this easement exchange, Mayor de Leon
declared the hearing closed. After Council discussion, City Attorney Shipsey
read, for its first reading, the title of an ordinance authorizing an exchange
of easements by the City with John Miller, developer of Tract No. 577; thereafter,
a motion wasmade by Councilman Schlegel, seconded by Councilman Gallagher and
unanimously carried, to dispense with reading the balance of this ordinance.
COUNCILMAN SPIERLING IS NOW PRESENT
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CITY-'.GOUNGIL FEBRUARY 22, 1977
7ARROYO~:GRANDE,CALIFORNIA PAGE 3
PUBLIC'.HEARING =:~REVERSIONTO ACREAGE ON LE POINT TERR. - CONT'D UNTIL MARCH 8TH
_. ..-:;."City"Administrator Butch informed the Council that the City Attorney has
"€addiised~,thatsthe~:public hearing scheduled for this evening, to consider-the.-.
reversion to acreage of Lots 1 through 14 in Block 28-A of Beckett's Crown Hill
?Addiitionson Le 'Point Terrace, applied for by Lenzi &'Meagher Construction as.':
requested: by the City's:.PUb1ic:Works Department, be continued -until the=Councsl's
:next:regular:.meetng:on MarcH 8; 1977. In view of an appeal having been filed on
the:Plannngr.Commission''sdetermination that the reversion is categorically
:exempt:#ram Environmenfal:Impact Report procedures, it was felt the appeal should
sbe'<heard~efirst.'~~Art'.:Shaw~Attorney for the developers of the subject property,
c:commerited•ori"the smatter, 'reviewing the history of EIR requirements and various
court cases.
r' __ ~r ...,,
-`- Upon being „assured .by the_ City Clerk that all requirements regarding
-. , ,
notification of bearing"Have been complied with, Mayor de Leon declared the
hearing open aril con£iriued'until March 8, 7977. After Council discussion, a
motion was made by Councilman Schlegel, seconded by Councilman Gallagher and
unanimously carried, continuing the public hearing to consider the reversion to
,ac~ceage on Le Point Terrace until March 8, 1977, to be held after consideration
:.:.
~.. • ed-:against the-categorical--exemption-determination by-the--~-
of "'tlie"-appeai~~sl •
Planning Commission`ori this matter,
RECOMMENDATIONS OF THE PARKING AND TRAFFIC COMMISSION:
. ,SIDEWALKS & WIDENING ON THE PIKE BETWEEN ELM & OCEANO SCHOOL - FURTHER.STUDY
,,.TYie,.Council.;reviewed a recommendation from the Parking & Traffic Commission
that side6ialKs be installed on The Pike between South Elm Street and the North
Oceano,_$chool,_,througb;the.191.1 Assessment Act and that The Pike between Paul
,Place and the City_Limsts be widened on the south side to give adequate pavement
width for~~ehicular traffic`, for the 'safety of the school childrene Administrator
Butch'reviewed~tha't the property owners on the north side of The Pike, between
.Elm..and,~tbe..school.,, had been urged to install sidewalks previously, but a majority
~-hadf=objected Several persons-_n_the audience conanented on the matter e, The
Cosnczl dscussed_the matter `and generally agreed that an informal meeting
between.property,."owners_,.acbool personnel and PTA members, and City staff; would
be desirable to discuss the existing hazardous situation. After Council discussion,
,a,_motion,.was made,_by Councilman Gallagher, seconded by Councilman Millis and
unanimously-carried, to.bring this matter back before the Council as soon as
possible "after-an informal meeting among property owners on The Pike, between Elm
'and~the~North Oceano School; City staff; school officials and PTA members,
_';','r:;7P_-The'Council"agreed to consider the Commission's recommendation of widening
the south;'side="of_The.Pike,:between Paul Place and the City Limits, for budgeting
.next^.year;~ :..:.:.-, ~. , ...,
-.AUTHOR.IZE.~APPLICA.TION FOR TRAFFIC SAFETY FUND GRANT
a;,, ~~~ The Commission has recommended that the City apply for Traffic Safety
Grant Funds for the preparation of an inventory of traffic control devices in
..this..City.,,,as; previously suggested in an Analysis of the Traffic Safety Programs
;.u~ .,,
-prepared;~bp tbe,-;Office of 'Traffic Safety of the State of California-:- After -----
.Council discussion, a,motion~was made.by Councilman Gallagher, seconded by
Councilman Schlegel and~'pnanimously carried, authorizing the City to apply for
Traffic 3afety~Grant Funds from the State of California.
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Q4.. tt'_.," •, :, .T Vie, r., ,:._.: ... ... .
;.NOTICE ~OF.-APPEALS _FILED ~- HEARING SET MARCH 8, 1977, 8 P.Mo
..The Council received notice that three appeals have been filed and will be
considered, by they"~Council.at,8 P,M, on March 8, 1977° The appeals, filed against
Planning"Commission decis'ions, are as follows: aD appeal by Mrs Ray Simmons
regarding the .Planning :.Commission's acceptance of a Negative Declaration for
":
`Tract No,;,"625 ~"James_~Hei.ghts";~b) appeal by B'Ann Smith regarding thecategorical
..exemption of the reversion to,acreage on Le Point Terrace; and c) an appeal by
_ ,,.:
„Fre.„Steele regarding-.,the Negative Declaration accepted by the Planning Commis-
Sion for~Tract No. 555 on Huasna Roade
"'RECEIPT;'.OF DRAF,T";=~~.'.REVISIONS: TO'STATE HOUSING ELEMENT GUIDELINES
ouncil received copies of the second draft of the Department of
The C
Housing:~and Community Development's .proposed revision of the State Housing
Element, Guidelines .._ The Council agreed this matter should be reviewed by the
P,lanning.,Commssion_for.its recommendations. -
,.
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CITY COUNCIL ~ FEBRUARY 22, 1977
ARROYO GRANDE, CALIFORNIA PAGE 4
RECEIPT OF ANNUAL WORK PROGRAM - AREA PLANNING COUNCIL
The Council reviewed the Annual Overall Work Program for 1976-77 from the
San Luis Obispo County and Cities' Area Planning Coordinating Council.
REVIEW OF LATEST LEGISLATIVE BULLETINS -_LEAGUE OF CALIFORNIA CITIES
The Council reviewed the latest Legislative Bulletins from the League
of California Cities, reviewing the Unemployment Insurance for public employees
mandated by federal law; the proposed law requiring a refund value. on beverage
containers, which is moving along; and a proposed bill making municipal elections
partisan, to which Councilman Millis requested a letter of opposition be written..
RECEIPT OF INFO. RE. ARROYO GRANDE CRIME PREVENTION FAIR - MARCH 26, 1977
The Council reviewed information from Police Chief Clark, regarding a
proposed program for the Arroyo Grande Crime Prevention Fair to bg.held gn i
March 26, 1977 in the Mid-State Bank parking lot.
~' AUTHORIZE AGREEMENT FOR COUNTY TO PURCHASE TAX-DEEDED LAND IN CITY
Administrator Butch informed. the Council that the County of San Luis
Obispo recently bought some tax-deeded property within the City of Arroyo Grande,
to protect a sewer line on Pecan Place, a private easement off Fair Oaks. An
agreement authorizing this purchase is necessary. 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 an agreement
with the County of San Luis Obispo, allowing said County to purchase tax-deeded
land in the City.
AMENDMENT TO ORDINANCE 140 C.S. RE. TIMINGON IMPROVEMENTS - OAK PARK ACRES-HELD OVER
The Council directed that consideration. for adoption of an ordinance
amending the timing of improvements of Oak Park Acres, as outlined in Ordinance
No. 140 C.S., be held over until March 8,. 1977, to give the Council sufficient
time to study the proposed amendments.
RECEIPT OF 1975-76 AUDITED FINANCIAL STATEMENT
The Council received, reviewed and ordered filed, the 1975-76 audited
financial statement for the City of Arroyo Grande.
REPORT - RECENT ZONE 3ADVISORY COMMITTEEMEETING - SPIERLING
Councilman Spierling reported on the February 17, 1977 meeting of the
Zone 3 Advisory Committee, stating that the regular monthly reports from the
Beaches & Parks and Water Treatment Plant had been heard. The City of Arroyo
Grande has used less than half of its entitlement of Lopez Water.. It was
suggested that Zone 3 should go on record urging everyone to make every effort
to conserve water.
Administrator Butch reviewed the measures the City is taking to conserve
water, in response to an inquiry from Governor Brown, which includes cutting
park watering, the purchase of water saving devices and information for public
distribution, and retention of storm water runoff in ponding basins to assist
in ground water replenishment. Discussion was held regarding the use of water
saving devices in new construction and the City staff was directed to come back
with recommendations regarding requirements for the installation of water
conserving devices in new construction.
APPROVE PARCELMAP AG 77-02, ASH STREET (HAYS & TUCKER)
City Engineer Karp reviewed with the Council, Parcel Map AG 77-02,
reflecting a three-parcel lot split (Case #76-254) located on the south side
of Ash Street between Alder Street and Walnut Street, requested by Cyrus Hays
and George Tucker. Street improvements have not been completed, but the owner
has supplied the City with a surety bond and an agreement to construct said
improvements within eight months. Council discussion was held regarding the
amount of the bond and whether it was enough to cover improvements if the bond
should be forfeited. City staff was requested to re-evaluate the amounts of
bonding being required, to be certain they are sufficient. After Council dis-
cussion, a motion was made by Councilman Schlegel, seconded by Councilman
Spierling and carried, finding Parcel Map AG 77 -02 to be consistent with the'
City's General Plan and Zoning, approving said Parcel Map, and authorizing
the Mayor and City Clerk to sign an agreement with Mr. Hays regarding completion
of street improvements.
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CITY COUNCIL FEBRUARY 22, 1977
ARROYO GRANDE, CALIFORNIA PAGE 5
APPROVE"SEWER HOOK-UP TIME EXTENSION: MCKAIN "". .."_..
The Council reviewed a request from Mrs, Elva M. Barringer McKain for a
time extension to hook-up her property to the sewer. In a report on"the matter,
Director of Public Works Anderson recommended the extension be granted. After
Council discussion, a motion was made by Councilman Gallagher, seconded by '
Counbilman_Spierling and carried, granting Mrs. Elva M. Barringer. McKain a six-
months extension of time to hook-up 1255 sage to the City's sewer system.
PROGRESS REPORT - S0. SAN LUIS OBISPO COUNTY SANITATION DISTRICT
The monthly"report for January, 1977 from the South San Luis Obispo
County Sanitation District on the maintenance and operation of the Treatment
Plant was reviewed by the Council and ordered filed,.
CALL SPECIAL MUNI. ELECTION RE. INITIATIVE PETITTON TO SAVE AG LAND: 5/10/77
The Council reviewed a notice from the Second Appellate Court directing
that a proposed Ordinance presented by Initiative Petition, entitled "Save Our
Prime Agricultural Land", be adopted; submitted to a vote of the people; or
show cause on April 12th in Court why this order should not be issued. City
Attorney Shipsey also reviewed the order and options open to the Council, and
that an election could be called for May 10, 1977, Councilman Spierling read
_a prepared statement regarding the proposed ordinance, citing his opposition to
it"and reasons for same.- Various persons present in the audience spoke on the
initiative petition process and the subject matter of the proposed ordinance.
After Council discussion, City Attorney Shipsey read in full a resolution
calling a Special Municipal Election on May 10, 1977,
' - ~ RESOLUTION NO. 1273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING"OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN
-~ - ~~.SAID~CITY ON TUESDAY, THE 10TH DAY OF MAY, 1977, FOR
.THE SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY
. - - ~A CERTAIN QUESTION, PROPOSITION OR MEASURE RELATING
TO AGRICULTURAL LAND IN THE CITY OF ARROYO GRANDE.
On motion of Councilman Spierling, seconded by Councilman Gallagher and
on the following roll call vote, to wife
AYES: Councilmen Spierling, Gallagher, Schlegel, Millis and Mayor de Leon
NOES: None
ABSENT: None
the.foregoinq Resolution was passed and adopted this 22nd day of February, 1977.
Discussion was held by the Council and persons present in the audience
regarding the wording of the measure as it would appear. on the ballot. After
Council .discussion, a motion was made by Councilman Gallagher, seconded by
Councilman Spierling and carried, to place the proposed ordinance in full on -
;the.ballot, as follows:
~~ ~• "SHALL THE FOLLOWING PROPOSED ORDINANCE BE ADOPTED?
The .people of the City of Arroyo Grande do ordain as follows:
1_. It shall be the policy of the City of Arroyo Grande to
,, .. ,
--'=~-=-----------foster and-encourage the placing of our prime agricultural
land into Agricultural Preserves.
,_. ,. 2. Prime agricultural land is defined as Class I or Class II
soil as measured by the United States Department of
,. Agriculture Soil Conservation Service.
_' '3. NO prime agricultural land in the City of Arroyo Grande
-"'" shall be rezoned to any use other than agriculture.
4. No new residential subdivisions, or new streets, or new
'=__ _ _ parcel splits that would result in a subdivision will be
allowed on prime agricultural land.
"5. The concept of density transfer shall not apply to any Prime
- agricultural land in the City of Arroyo Grande.
J
6. This Ordinance shall be resubmitted to a vote of the
people during the 1986 November General Eleo*_ion and in
ten year intervals thereafter on the November General
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' ARROYO GRANDE, CALIFORNIA ~ PAGE 6
I Election Day. Nothing in this Article shall be so
I construed as to deny the people the right, by
i initiative petition, to re-examine this Ordinance
at other times.
7. The various elements of the General Plan shall be
amended to conform with this Ordinance at its effective
~ date or the earliest legal date.
~ 8. This Ordinance supersedes all other Ordinances,
~ Resolutions, or Policies of the City of Arroyo Grande
~ that may conflict with it."
j Administrator Butch then read the title of a Resolution requesting
certain services be provided by the County regarding the City's May 10th
~-~1 election; thereafter,. a motion was made by Councilman Schlegel, seconded by
Councilman Gallagher and unanimously carried, to dispense with reading the balance
of this resolution.
i RESOLUTION NO. 1274
-~- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY
OF SAN LUIS OBISPO TO PERMIT THE COUNTY CLERK OF SAID
COUNTY TO-RENDER SPECIFIED SERVICES TO THE CITY OF ARROYO'
GRANDE RELATING TO THE CONDUCT OF~A GENERAL MUNICIPAL
ELECTION TO BE HELD IN SAID CITY ON MAY 10, 1977.
On~motion of Councilman Spierling, seconded by Councilman. Gallagher and on
the following roll call vote, to wit:
AYES: Councilmen Spierling, Gallagher, Schlegel,. Millis and Mayor de Leon
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 22nd. day of February, 1977.
Discussion was held regarding the submission of arguments 'for or against
the proposed ordinance. The City Clerk had already been notified that the
proponents of the Initiative Petition had an argument ready to submit in favor of
the measure, which would eliminate other arguments in favor of it. Submission of.
arguments against the measure is open however, with an argument submitted by the
Council having priority over others. After Council discussion, a motion was made
by Councilman Schlegel, seconded by Councilman Spierling and carried, that the
Council not submit any arguments against the measure. Bill McCann, 428 Tanner Ln.,
submitted to the City Clerk an argument in favor of the ordinance proposed by the
initiative petition, from Mrs. Nancy A. Davis, Chairman of the "Committee to Save AG".
REOUBST PARKS & RECREATION COMMISSION TO STUDY PURCHASE OF POND IN TRACT 555
Councilman Spierling requested that the Parks & Recreation Commission
study the feasibility of purchasing a pond on the proposed Subdivision 555 (Kraatz)
requested to be preserved by an Arroyo Grande resident. The study is to include
possible costs, problems, etc.
SET STUDY SESSION - MARCH 9TH
Administrator Butch suggested, and the Council agreed, to set the next
budget study session for March 9, 1977.
CITIZENS'& COUNCIL MEMBERS' COMMENTS RE. "SAVE PRIME AG. LAND" INITIATIVE ~ "
Council Members and various persons present in the audience commented,
with varying opinions, on the "Save Prime Agricultural Land" initiative petition
which will be put to a vote of the people in Arroyo Grande on May 10, 1977.
ADJOURNMENT ... ,.
On motion of Councilman Gallagher,. seconded by Councilman Schlegel and
unanimously carried, the meeting adjourned at 9:57 P.M.
//~~ / ~
ATTEST• C~'~~, w"~l~ G~~" ;:.~
CITY CLERK ~ MAYOR