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Minutes 1977-07-263~0 CITY COUNCIL JULY 26, 1977 ARROYO GRANDE, CALIFORNIA The City Council met in regulaz session with Mayor Gabe de Leon presiding. Upon roll call, Council Members Al Spierling, Matthew Gallagher, Jr., Calvin Schlegel and Mark Millis reported present. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor de Leon led the Pledge of Allegiance to our Flag, and immediately thereafter, Councilman Millis delivered the invocation. APPROVAL OF MINUTES The minutes for the regular meeting of July 12, 1977, were approved as prepared. APPROVAL OF WARRANTS On motion of Counci]man Gallagher, seconded by Councilman Spierling and unanimously carried, General Warrants No. P316 through No. P325 and No. 6872 through No. 6952, in the total amount of $241,177.88; and Payroll Warrants No. 9199 through No. 9321, in the total amount of $62,219.08, were approved and ordered paid. REQUEST FOR HEARffNG RE. BUSINESS LICENSE DENIAL (UNIFICATION CHURCH) - 8/23/77 The Council read a letter from the Holy Spirit Association for the Unification of World Christianity, P. O. Box 365, Cerritos, CA 90701, requesting a hearing before the Council regarding its denial to said group of a license to solicit for funds in the City. After Council discussion, a motion was made by Councilman Schlegel, seconded by Councilman Gallagher and unanimously cazried, to hold a hearing on the request of the Holy Spirit Assocation for a fee exempt Business License to solicit funds within the City. REQUEST TO RAISE FUNDS IN CITY (NEW EDUCATION DEVELOP. SYST J -DENIED The Council read a letter from the New Education Development Systems, inc., 2717 Hearst St., Berkeley, CA 94709, requesting permission to solicit funds by selling flowers and candy door-to-door in retail and industrial areas of the City, to help finance its activities as a charitable, non-profit, religious organization. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Spierling and unanimously carried, denying the request of the New Education Development System, as they are not a locally based organization and -_there is enough demand on our public from the groups and societies within our City. Councilman Schlegel requested that a policy be established regarding requests such as the two foregoing. Administrator Butch pointed out that a precedent had been set when the Council denied a similar request from a church in Lompoc. Also, he stated that the Council will be studying a proposed revised Business License Ordinance which might be an ideal time to address this problem. REQUEST TO SELL BEER AT HARVEST FESTIVAL (5-CITIES JAYCEES) - FURTHER STUDY The Council read a letter from Ernie Ped, Chairman of the Five Cities Jaycees, P.O. Box 951, Grover City, requesting permission to sell beer at the Harvest Festival activities on September 30th and October 1, 1977. The Harvest Festival Committee had given its approval for this, subject to the Council's approval. Administrator Butch reported that the Police Chief had indicated concern regarding control of the alcoholic beverage in keeping it from minors. Past requests for this have been denied because of the control problem. Ernie Ped was present and stated that policing should not be a problem as they plan to rope off a secti~pn out of which the beer will not be allowed. After @ouncil discussion, it was generally agreed that the..Jaycees discuss the Council's concerns with the Police Department to see if something can be worked out and come back before the Council with the request and proposal. Rev. Larry Lorenz, 709 Faeh, agreed that the beer sale is probably a good money maker, but questioned the propriety of allowing this, stating it would indicate to youngsters that the City condones drinking, and alcohol abuse is a major problem with teenagers and adults. NOTICE OF QUARTERLY MEETING OF CHANNEL COUNTIES DIV. OF LEAGUE: 8/5/77 The Council received notice that the next quarterly meeting of the Channel Counties Division of the League of California Cities will be held on August 5, 1977 in Santa Maria. PROGRESS REPORT -_CLASS_ACTION AGAINST-P.E.R.S. City Attorney Shipsey stated that in regard to the class action filed against the Public Employees?: Retirement System (PERS), he has been in touch with the League of California Cities and none of the cities have been served yet with the complaint. The League is devising some plan of action and he will keep us advised, but there is nothing to be done until the City actually gets served with process in this matter. ,. 381 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 26, 1977 PAGE 2 1ND READING OF SUBDIVISION ORDINANCE - HELD OVER - REFERRED~TO PLANNING COMMISSION Ella Honeycutt, 560 Oak Hill Road, stated she had reviewed this Ordinance today and feels there are many changes from when it was first before the Planners and 'therefore feels this revised one should go back to the Planning Commission for review before adoption by the Council. City staff explained that it does not have to go to the Planning Commission at all, and it was only brought to them first as a matter of information. After Council discussion, a motion was made by Council- man Spierling, seconded by Councilman Gallagher and unanimously carried, holding off the second reading of the Subdivision Ordinance for adoption, and referring said Ordinance to the Planning Commission for its review and comments. MUNI. CODE AMENDMENT - ORD. ADOPT. - BLDG. REGULATIONS RE. WATER SAVING DEVICES City Attorney Shpsey read the title of an ordinance amending the Municipal Code by adding provisions to the City's building regulations regarding use of water saving devices; 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 NO. 160 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY ADDING CHAPTER 14 TO TITLE 8, BUILDING REGULATIONS, REGARDING WATER SAVING DEVICES. ' On motion of Councilman Millis, 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 26th day of July, 1977. APPOINTMENT OF VARIOUS CITY COMMISSIONERS: JOHNSON & ROSS Mayor de Leon reviewed for the Council his interview, with Administrator Butch, of Dorace Johnson who had made application for the Parks & Recreation Commission. Mayor de Leon then nominated Dorace Johnson, 1279 Poplar, to said Commission for a three year term, expiring JUne'30, 1980, which was seconded by Councilman Millis and unanimously carried. Mayor de Leon reviewed the application of George Ross, 403 Walnut and nominated him to the South County Human Relations Commission. After Council dis- cussion, a motion was made by Councilman Gallagher, seconded by Councilman Spierling and unanimously carried, appointing George Ross to the South County Human Relations Commission for an indefinite term. FURTHER DISCUSSION RE. BADEN LOT SPLIT The Council reviewed a report from Planner Sullivan, describing the actions taken by the Planning Commission at its July 19th meeting regarding Lot Split Case No. 77-267 (Baden) at 1385 Brighton Avenue. Said Commission had made the following findings: 1) that use of denial strips and/or barricades on Brighton Avenue is consistent with the General Plan Circulation Element; and 2) that the use of denial strips and/or barricades on any local street is consistent with the General Plan Circulation Element. The Commission did not agree on language that would be used to amend the resolution accepting the Negative Environmental ~ Declaration (MED). Councilman Millis felt thab the Commission had acted on the ~i ~, matters requested by the Council at its June 28th meeting and that the Baden Lot Split matter was now resolved. Council and City Staff continued discussion as to ~ whether everything had now been done that was necessary to allow. the developer to proceed. City Engineer Karp felt the NED was invalid with the placement of the barricade, as said Declaration had been completed with the idea that Brighton would become a through street. Tom Higdon, 183 Fair View Drive, submitted to~.the City ~ Clerk numerous notes from area residents favoring the denial strip on Brighton ~ Avenue to keep it closed to through traffic. Several other residents spoke on the matter, some being for the closure, and some. residents on Ledo Place opposing said street barricade. After further discussion, the Council generally agreed ~ that the City Attorney prepare a report as soon as possible on this matter, advising the Council on the status of the appeal filed by the Jacksons and whether everything necessary has been accomplished by the Council to allow the developer ~ to proceed and that Brighton can be barricaded to through traffic. If at all possible, the City Attorney will have this information to the Council at its study i session tomorrow, as requested by Councilman Schlegel. 38~ CITY COUNCIL JULY 26, 1977 ARROYO GRANDE, CALIFORNIA PAGE 3 RECEIPT OF PROPOSED REVISED BUSYNESS LICENSE ORDINANCE The Council received a copy of the proposed revised Business License Ordinance and generally agreed to set a study session-on it at the Council's next regular meeting, after the Council has had time review this 70+ page ordinance. UPDATE RE WILDERNESS AREA DESIGNATION FOR LOPEZ CANYON The Council reviewed a communication from Congressman Lagomarsino's Office, stating that the House Interior Committee had approved the creation of a Wilderness Area 3n Lopez Canyon, with an amendment allowing the Forest Service to continue with fire prevention and watershed maintenance practices in the new wilderness area. The Council directed that letters of thanks be sent to the legislators who supported this amendment, and to also include in the letter the Council's concern that no limitation has been put on the number of people allowed access to the area. AUTHORIZE AGREEMENT WITH CONSERVATION CORPS RE. TALLY HO CREEK CLEARING Administrator Butch reported that the Resources Agency of California has approved a California Conservation Corps project to clear the Tally Ho Creek area. After Council discussion, a motion was made by Councilman Schlegel, seconded by Councilman Spierling and unanimously carried, authorizing the Mayor and City Clerk to sign a contract with the State of California Conservation Corps regarding clearing of the existing brush and debris in the Tally Ho Creek. NOTICE OF TITLE VI GRANT RECEIPT FOR SIDEWALK REPAIR THROUGH_OUT_CITY The.COUncil received notice that the City's project application for Title VI Grant Funds for sidewalk repair throughout the City, including replacement of damaged sidewalks and curbs and installation of curb ramps for handicapped citizens, has been approved in the amount of $27,216. RECEIPT OF QUARTERLY REPORT - COMMUNITY BUILDING USE The Council received and reviewed the 1st quarter report for 1977 regarding usage of the Community Building, which indicates it is still being well used. A total number of 7,753 used the building during this first quarter and 6,579 persons used the facility during all of 1976. ° REVIEW OF LATEST LEGISLATIVE BULLETINS FROM LEAGUE The Council received and reviewed the latest Legislative Bulletins from the League of California Cities, which are a review of what has happened before the recess and what is anticipated to happen when the legislature reconvenes in August. REPORT.- RECENT COUNTY AREA COUNCIL OF GOVERNMENTS MEETING - SPIERLING Councilman Spierling reported on the recent meeting of the County Area Council of Governments, stating that the major topic of discussion had been funding of insurance coverage for the Senior Vans. Only one insurance company has stated it would carry the insurance, for $20,000. Each City will be asked to cahtribute funds to insure the vans.. PROGRESS REPORT - CENTRAL COAST SELF-INSURANCE FUND The Council received and reviewed the minutes of the June. 28, 1977 meeting of the Central Coast Self-Insurance Fund. APPROVE WORK STUDY PROGRAM AGREEMENT - CUESTA COLLEGE - 1977-78SCHOOL YEAR A motion was made by Councilman Schlegel, seconded by Councilman Gallagher and unanimously carried, authorizing the Mayor and City Clerk to sign, on behalf of the City, the Woxk Study Program Agreement for the 1977-78 school year,"between the City and Cuesta College, NOTICE OF RATE INCREA_$E_IN_CITY.'S GENERAL LIABILITY INSURANCE Administrator Butch reported that the City has been notified that the City's excessive liability insurance coverage has been raised from $24,000 last year to $39,700 so the City is paying a total of $64,000 for its liability coverage, of which $60,000 was budgeted, REPORT -,RECENT ZONE 3 ADVISORY .COMMITTEE MEETING - MILLIS. Councilman Millis reported on the July 21, 1977 meeting of the Zone 3 Advisory Committee, stating the regular monthly reports had been heard from the Parks & Beaches and. Water Treatment Plant. :The Council also received and reviewed copies of the Monthly Operation Report for the Lopez Water Supply Project, which shows that the lake was 17.0 feet below the spillway as of July 1, 1977; and only the City of Pismo Beach has. purchased water from the declared surplus. CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 26, 1977 PAGE 4 383 COUNCIL INTENT TO ANNEX BRISCO AREA - REFERRED TO PLANNING COMMISSION Administrator Butch reviewed the Council's previous discussion to proceed with steps to annex the Brisco Hi11 area into the City if they wish to receive the City's water service for new developments. He then reviewed the annexation process as discussed with the LAFCO Deputy Executive Officer, Barbara Carlson. After Council discussion, a motion was made by Councilman Gallagher, seconded by Councilman Spierling and unanimously carried, referripg the Council's intent to annex the Brisco Hill/E1 Camino Real area into the City, to the Planning Commission for its review and recommendations. APPROVAL OF FINAL MAP FOR TRACT 657 (DE BLAUW) - WITHDRAWN The request for Council approval of the Final Map for Tract 657 (De Blauw) had been withdrawn. APPROVAL OF FINAL MAP FOR TRACT 604 (KVIDT) - HELD OVER City Engineer Karp distributed and reviewed with the Council copies of his ~, report and a letter to Reuben Kvidt, regarding approval of the Final Map of r Tract 604, "Oak Park Acres". The developers wish to proceed with Phase I of this project, stating that the Plan Check has taken over four months. Larry Rohloff, Engineer for the project, was present and reviewed what still needs to be done. He stated that approval by the Council tonight would allow them to move ahead, subject to conditions. of getting everything done per City Engineer Karp's letter dated July 26, 1977. The Council discussed the matter and generally agreed that this was too big a project to move ahead on without benefit of full information and appropriate maps. Therefore, the requested approval was tabled until proper certifications, maps, etc. are available for the Council's review. REVIEW OF POLICY RE CITY WATER SERVICE TO OUTSIDE USERS - VARIOUS ACTIONS Administrator Butch reviewed that the Council, per its request to the County, is being informed of any development occurring outside the City which would need water service from the City. They were made aware of a proposed 22-unit development and had directed the City Administrator to write the County indicating the City would not offer any .new water service to the area. The City's policy to this water service area, which is a county island flanked by Brisco Road and E1 Camino Real (aka Frontage Road), was also to be discussed further. Since the foregoing, the City has reviewed circumstances of a 24-unit development already started on Brisco Road, and has also received communications from persons involved in the proposed 22-unit development. Administrator Butch reviewed that in regard to the 24-unit complex, just completed by VIP, Corporation, the bounty had issued a building permit in August of 1976 and the City had set a meter in February, 1977 to serve this development. City Attorney 5hipsey advised that in this particular case, he did not feel the City could deny eater service. Tom Roback, builder of the units, was present and indicated he would encourage the owners to annex. A letter was read from Stephen Cool, 528-D Grand Avenue, Grover City, which reviewed the purchase of the property by various parties where the 22-unit develop- ment is proposed, and that said sale included development plans and building permit from the county. They were concerned about the delay the annexation process would cause fox the development. Steve Cool, Bob Frantz, 222 Robles Road, and Glen Cherry were present and spoke on this matter. The Council discussed the matter at length, along with annexation of the whole area. and just the two subject parcels if annexa- tion of the whole area fails. Councilman Millis asked that :a .zoning map be i requested showing the subject county area and that notices of any rezonings..proposed for said area be sent to the City. After Council discussion, a motion was made by Councilman Spierling, seconded by Councilman Millis and unanimously carried, that no change in present water service be given to the county island area adjacent to City Limits along Brisco Road and El Camino Real, unless said property requesting a change in service also annexes to the City. In regard to the property on which a 22-unit development is proposed, presently owned by Glen Cherry, a motion was made by Councilman Schlegel, seconded by Councilman Spierling and unanimously carried, granting water service to a 22-unit development on Brisco Road, subject to a Covenant, prepared by the City Attorney for recordation, setting forth that the property owner of the subject parcel agrees to annex this property on Brisco Road to the City. Council discussion continued regarding annexation of the other properties in the island,-and that the owners be surveyed to see how many would be willing to annex in one package. Jim Forrest asked that a Letter be sent to Paul Crawford at the County, who handles the permits, setting forth the City's new policy regarding water service to the subject county area. 38~ CITY COUNCIL JULY 26, 1977 ARROYO GRANDE, CALIFORNIA PAGE 5 APPROVE FINAL MAP FOR TRACT NO 602 WOODLAND DRIVE (OGBORId & FOSTERI City Engineer Karp reviewed with the Council the Final Map for Tract No. 602, "Walnut Creek Terrace No. 3", which is located on the east and west side of Woodland Drive between Olive Street and Creekside Drive, being developed by Jerry Osborn and Norm Foster. After Council discussion, a motion was made by Councilman Schlegel, seconded by Councilman Spierling and unanimously carried, finding Tract No. 602 to be consistent with the City's Zoning and General Plan; accepting, on behalf of the public, the street, public utility easements,-and creek bank and flood control easements as dedicated on the Tract Map No. 602; *aecepting•~ on-behalf-of--the-publics-the improvements-constructed-as~requirements 'ao-the-subdiroisson; authorizing the Mayor and City Clerk to sign the Improvement Agreement with Garing, Taylor & Associates to correct the curb, gutter and sidewalk grades on the north side of Forest Glen just west of Woodland Drive; and approving said Tract Map No. 602. APPROVAL OF PARCEL MAPS 75-336; 77-280; AND 77-195 - HELD OVER As requested by City Engineer Karp, approval of the following parcel maps was held over: Parcel Map 75-336 (Robertson); Parcel Map 77-280 (Curtis); and 77-195 (Castro) AUTHORIZE CHANGES IN CONTRACT RE. GRAND AVE. CONSTRUCTION - HELD OVER As requested by City Engineer Karp, authorization for changes in the Cal Trans Contract for the Grand Avenue construction project was held over. NOTICE OF NEW PLANNING DIRECTOR HIRED EFFECTIVE 8/2/77 - CASTRO The Council received copies of a news release describing the new Planning Director the City has Hired, Mr. Ricardo J. Castro of Pleasanton, Calj:fornia, who will begin work with the City on August 22, 1977, PROGRESS REPORT - SEWER OUTFACE LINE OF SANITATION DISTRICT As requested by Councilman Millis, discussion was held and a progress report given regarding Pismo Beach's interest in buying into the South San Luis Obispo County sewer outfall line. Administrator Butch stated that an agreement will be presented to the Sanitation District's Board om August 3rd regarding this possibility. The Water Quality Control Board set a new schedule requiring a decision by August 15, 1977. The District informed the Board that Pismo Beach couldn't possibly make it by that time, so they agreed to a "continuance" until the 1st of September. According to the engineers, the participation of Pismo Beach in the outfall line would drop the District's construction costs, but operation and maintenance costs would ~.ncz'ease, to be borne by the City of Pismo Beach. The City Administrator made a rough diagram of how and where Pismo Beach might tie into the District's outfall line. COMPLAINT RE. NON-RECEIPT OF PUBLIC RECORDS FROM CITY CLERK - HONEYCUTT Ella Honeycutt, 560 bak Hill Road, registered a complaint against City Clerk del Campo for allegedly withholding City public records. She stated that a year ago she came into City offices with a group and asked for 1974 Campaign Statements of Councilmen Spierling and Schlegel, and was told by the City Clerk that said reports did not have to be kept on file. She stated that through the City grapevine she heard that said records were found and was able to review them yesterday. She does not understand why they were not shown upon request and wishes this made a part of public record that these were not made available. REQUEST FOR STATUS REPORT RE. NOISE ORDINANCE TO SUPPLEMENT NOISE ELEMENT - MOORE Joe Moore, Parks & Recreation Commissioner, inquired as to the status of the Noise Ordinance which was to be passed to enforce portions of the Noise Element. City Planner Sullivan stated the City is still awaiting the State's model Noise Ordinance to use as a guideline, and no reason is known for the hold up. DISCUSSION RE. VALLEY ROAD IMPROVEMENT :,Councilman Gallagher asked if there is some sort of drawing showing what we can do with the right of way we have on Valley Road, for its improvement. The City Administrator reviewed that the County has budgeted funds for the engineering and design, but said budget has not been approved yet. The City has agreed to budget money for the construction. General Council consensus was that we go ahead with the improvement of the straight portions of Valley Road, using existing right of way and leave the "S" curve as is. Councilman Gallagher felt that a letter should be sent to the County indicating the City is ready to proceed by just using existing rights of way and no condemnation proceedings. Administrator Butch pointed out that because the street will not be improved to full standard, that EAU funds cannot be used, so City Staff has been looking into some kind of transfer Minutes corrected by deleting red-lined portion. See Council Minutes of October 25, 1977, Page ~. 385 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 26, 1977 PAGE 6 of funds from one street project to this one. Councilman Gallagher also wants to see about getting sidewalks in front of the Rosa property within the City to complete that area. The Council generally agreed with Councilman Gallagher's suggestion that a letter be written to the County, and that the City's main concern is making the street safe for pedestrians. AUTHORIZE ABSENCE FROM STATE DURING AUGUST - COUNCILMAN MILLIS A motion was made by Councilman Schlegel, seconded by Councilman Spierling and unanimously carried. authorizing Councilman Millis to be absent from the State of California intermittently during the month of August, as requested by him ADJOURNMENT On motion of Councilman Millis, seconded by Councilman Gallagher and unanimously carried, the meeting adjourned at 9:59 P.M. until 4:00 P.M. on Wednesday, July 27, 1977. ATTEST~.d ~~Y ~~„~ / CITY CLERK MAYOR