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Minutes 1970-12-08 ~ CI~'Y COUNCIL DECENIBER 8, 1970 ARROYO GRANDE, CALIFORN~A The City Council met in regular sessio~. w3th Mayor Levine presiding. Upon roll cal1, Council Members Thompson, Wood and Talley reported present. Ccsuncil~ man Schlegel is absent. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Levine led the Pledge of Allegiance to our Flag; and immediately thereafter, Reverend John Lundgren of the Pentecastal Chureh of God of Grover City, delivered the invocatinn. _ MINUTE APPROVAL The minutes of the regular meeting af November 24, 1970, were approved as prepa~ed. APPROVAL OF WA.RRANTS On motion of Councilwam:~rr~. Thornpson, seeonded by Councilrnan Wood, and unani- mously carried, General War~~:~,'.s No. 477 thrvugh No. 507, in the tatal amount of $19,847.12 and Payroll Warrants No. 864 through No. 946, in the total amount of $14,567.99, were approved and ordered paide ~QPY OF LETTER TO UNION OIL FROM ARTHUR E, GAREY RE: AIR POLLLTTION ' ~ Administrator Butch advised that a copy of a letter had been received that Arthur E. Garey had written to the Union Oil ~ompany regarding their re- finery on the mesa causing serious air pollution problems in. the area. It was discussed that Union Oil Company is aw~.re of the problem and is attempting to eliminate it. REPLY FROM NASA RE: AEROSPACE INDUSTRY IN CA.LIFOItNIA Administrator Butch advised that he had written to Federal and State official~ regarding the NASA proposed space shuttle program as instructed by the Council on November 10, 1970 and a reply had been received from the National , Aeronautics and Space Administration stating that as presently scheduled, the definition and preliminary design studies are to be completed by June Z971, and ~ ~ that at this time it is too early to predict the ultimate selection of the var- . ious facilities and the site locations which will be needed, but during this process every consideration will be given to the possible use of sites in the State of California. INVITATION TO PARTICIPE3,TE IN PISMO BEACH CLAM FESTIVElL PAR.ADE, 2-6~71 ~ Correspondence was received from the Pismo Beach Chamber of Commerce irt~ viting the Council to participate in the Annual Clam Festival Parade, which , will be held on February 6, 1971, at 10;00 A.M. After Council discussion, Administrator Butch Was instructed to notify the Pismo Beach Chamber of Cou~.erce that the Council would attend the parade, with as many ~sembers being present as possible. RESOL. FROM NEEDZES RE: PROG1tAMS FOR SMALL CITIES.AT ANNUAL LEAGUE MEETINGS Administrator Butch reported that correspondence was received from the , City of Needl~s advising that the Neec3les City Council had adopted a resolution requesting that the League of California Cities develop dual progr~.ms and dis- cussion groups in all future annual meetings, one group for large cities and one group for small cities, and urged that this Council pass a similar resolut- ion and forward it to the League office to assure a program better suited to small cities. After Council discussion, City Attorney Shipsey read the title of a resolut- ion relative to programs for the annual m~eeting of the League of California Cities, thereaft~r a mation was made by Councilman Wood, seconded by Councilman Talley and unanimously carried, to dispense with reading the balance of this ~ resolution. RESOLUTION N0. 910 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, RELA° TIVE TO PROGR.AMS FOR THE ANNUAL MEETING OF THE LEAGUE OF CALIFORNIA CITIES. On motion of Councilwoman Thompson, seconded by Cnuncilman Ta11ey, and on the following roll call vote, to wit; ~ AYES: Council Members Thompson, Wood, Talley and Mayor Levine. 34i CITY COUNCIL DECEMBER 8, 1970 AR.ROYO GRANDE, CALIFORNIA PAGE 2 NOES: None ABSENT: Councilman Schlegel the foregoing resolution was passed and adopted this 8th day of December, 1970. RESOL. FROM MODESTO RE: LITTER FROM DISPOSABLE, NON-RETURNABLE CONTAINERS Administrator Butch advised that a copy of a resolution adopted by the City Council of Modesto had been received urging the League of California Cities and the County Supervisors' Association to seek action to alleviate litter and waste disposal created by the sale of beverages in disposable, non-returnable containers and requesting that this Council take similar action. After Council discussion, City Attorney Shipsey read the title of a resolution regarding disposable, non-returnable containers, thereafter a motion was made by Councilwoman Thompson, seconded by Councilman Wood and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION N0. 911 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ~ OF ARROYO GRANDE URGING THE LEAGUE OF CALIFORNIA CITIES AND T~iE COUNTY SUPERVISORS' ASSOCIATION OF CALIFORNIA TO SEEK ACTION TO ALLEVZ•4~~ THE PROBLEM OF LITTER AND WASTE DISPOSAL CREATED BY THE SALE OF BEVERAGES IN DISPOSABLE, NON-RETURN- ABLE CONTAINERS. On motion of Councilman Wood, seconded by Councilman Talley, and on the following roll call vote, to wit: . AYES: Council Members Thompson, Wood, Talley and Mayor Levine. NOES: None. ABSENT: Councilman Schlegel. the foregoing resolution was passed and adopted this 8th day of December, 1970. DEPARTMENTAL REPORT FOR NOVEMBER, 1970 The Departmental report for the month of November, 1970, was received by ~ the Council, reviewed and ordered filed. ORDINANCE ADOPTION - REZONING CASE N0. 70-39 - KLIEWER City Attorney Shipsey read the title of an ordinance rezoning approxi- mately 55 acres of property adjacent to a present C-N Zone, located on the southerly side of Valley Road, thereafter a motion was made by Councilman Talley, seconded by Councilman Wood, and unanimously carried to dispense with reading the balance of this ordinance. ORDINANCE N0. 38 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE ANIENDING A PORTION OF THE ZONING MAP OF THE CITY OF AR.ROYO GRANDE REFERRED TO IN SECTION .302 OF TITLE 9 CHAPTER 4 OF THE M[TNICIPAL CO~E SO A5 TO RE-ZONE CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE. On motion of Councilman Wood, secanded by Councilwoman Thompson, and on the following roll call vote, to wit: AYES: Council Members Thompson, Wood and Mayor Levine. NOES: Councilman Talley ABSENT: Councilman Schlegel the foregoing Ordinance was passed and adopted this 8th day of December, 1970. SLO COUNTY CITY ADMINISTRATORS RE: MOBILE HOME PARKS Administrator Butch reported that the City Administrators within San Luis Obispo County, the Mayors' Technical Committee, had met and discussed the need for equalization of service charges and taxes between Mobile Homes and Mobile Home Parks and residential structures, so that each will pay their fair share of governmental costs; and that a policy statement has been prepared and pre- sented for each City's consideration and recommendation to State Legislators urging their immediate action regarding this matter. CITY COUNCIL DECEMBER 8, 1970 ARROYO GRANDE, CALIFORNIA PAGE 3 After discussion, the Council authorized Administrator Butch to attend the Assemblq Committee on Mobile Home Parks study meeting and hearing for December 14, 1970, in San Diego, to present the information and facts on Mobile Homes and Mobile Home Parks compiled locally. RECEIPT OF BOOKLET FROM CALIF. COUNCIL ON GOV. RELATIONS RE: PUB.SERV.RESP. Administrator Butch advised that a booklet was received from the California Council on Governmental Relations with reference to the Allocation of Public Services Responsibility and was on file in the Cifiy Hall. RECEIPT OF C0. DEVELOP. ASSOC. REPORT RE: PRQ~RAMS & OPER. AND 1970-71 BUDGET Copies of the County Development Association Report on Organization Pro- grams and Operations, and the 1970-71 Budget, were received by the Council, and after discussion, Councilman Talley voluntered to prepare information to promote more intensive agriculture for presentation to the County Development Association. PUBLIC HEARING - ABAND. OF A PTN OF TALLY HO RD. - AUTHOR. BY RESOL. ADOPTION Administrator Butch reviewed that a portion of Tally Ho Road, a paper . street, was no longer necessary for street purposes and that the Director of Public Works had recommended that this portion be abandoned with an easement being retained over a portion of it. Upon being assured by City Clerk Miller that all requirements as provided by law have been complied with, Mayor Levine declared the hearing open and all persons for or against the intention to vacate a portion of Tally Ho Road would now be heard. There being no discussion for or against the intention to vacate a portion of T~lly Ho Road, Mayor Levine declared the hearing closed. After Council discussion, City Attorney Shipsey read the title of a resolution ordering the vacation of a certain portion of Tally Ho Road, thereafter, a motion was made by Councilman Wood, seconded by Councilman Talley, and unanimouslq carried, to dispense with reading the bal- ance of this resolution. RESOLUTION N0. 912 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AR.ROYO GRANDE ORDERING THE VACATION OF A CERTAIN PORTION OF TALLY HO ROAD, AN ARROYO GRANDE CITY STREET, UNDER PROVISIONS OF SECTION 8323 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. On motion of Councilman Talley, seconded by Councilman Wood, and on the following roll call vote, to wit: AYES: Council Members Thompson, Wood, Talley and Mayor Levine. NOES: None. ABSENT: Councilman Schlegel. the foregoing resolution was passed and adopted this 8th day of December, 1970. RECEIPT OF LEAGUE OF CALIF. CITIES REPORT ON MUNICIPAL FISCAL CRISIS Administrator Butch reviewed the latest legislative reports received from the League of California Cities regarding Municipal Fiscal Crisis and Mayor Levine reported that at the Channel Counties League Meeting held on December 4, 1970, the Municipal Fiscal Crisis was also discussed, and it was stressed that State Legislators should be contacted and representatives of Cities should personally attend Legislative Committee meetings to present each cities financ- ial status. ACCEPTANCE OF DEEDS - PILGRIM WAY - ASSEMBLY OF GOD CHURCH AND UCB Director of Public Works Anderson reported that Pilgrim Way was improved in conjunction with the development of the Assembly of God Church, and the property was now being offered for street purposes and that he would recommend acceptance of the two deeds and that Pilgrim Way be accepted into the street system for maintenance. After Council discussion, on motion of Councilwoman Thompson, seconded by Councilman Wood, and unanimously carried, the grant deeds from the First Assembly of God Church and United California Bank for property known as Pilgrim Way, was accepted into the City street system and was accepted for maintenance, and the Mayor and City Clerk were authorized to sign the Certificate of Acceptance on behalf of the City. CIT'Y COUNCIi, DECENTBER 8, 1970 ARROYO GRANDE, CALIFORNIA PAGE 4 APPOINT. OF ADVISORY BOARD FOR ~'ARKIN~ &~~TSINESS I~,R~A IMPROVEMENT ]~IS~'RICT The Council reviewed the apgl~.ca.taorz~ wh.ich had been sutssnitted by ~aerchan,ts within this district9 who were willing to serve on the Adviscary B~ard estab~ lished by Ordinance No. 37 CeS., in c~nju~action with the Park~.n~ a:ad B~asircess Area Impxovement District. After discus~io~., o~a znotion c~~ Cs~~nc~;~:ana~ Wood, seconded by Cou~cilwomaxa ThoYnpsorc9 an.d u~~.n.iHnausly carried, Uavid L~c~m.i~, Loomix Incorporated; Peggy P~rter, Pe~gy's of Arro~rc~ Grande; A1ice Rouse, Arroyo Grande Flower Shcsps ~,aird Ssnith, Ccau~.try Casuals; a~.d 3o An.ra Wisem~.n, I~ouise Ralph's Dress Shop, were appointed to serve as aaa Advisory Bc~ard to make recommendations and ad~rise the Cc~ur~~il as ta how the revenue de~ived ~rom . the additional levy fram li.cense tax ianposed sha11 be usecl Taithin'the sc~pe ~f the provisions of Ordinance 1V~, 37 G~ S. amd said Advis+~r~ Board to become operative upon the effective date ~f ~a~d ordinan~e. ~ REZONING CASE N0. 70~40 DENIE~ BY PLANNING COMMISSION Administrator Butch ad~,=-~_sed a~ information only, that a rezcaning request from R-1 to RaG in the uicin.ity af Mont~go and North Elm Street w~s denied by the Planning Commission at their r~gular meeti~.g caf December 3, 1970. PLANN. COMM. REQUEST M~ItATQRIIUM BE HELb ON MOBILE HO1~LE DEVELOl'MENT Administrator Butch ~dvised that the P1ar~n.i~g Cosamaission, by minute motion, • had requested that the Couneil declare a mor~tc~rium on Mcsbile Home development until such time as an equaliz~tio~, on taxe~ is made and the Commission did not indicate that the moratorium. would effect any c~f tha proposed mobile home parlcs at this time. After Council discussio~., it was agraed ~h.at there was merit in this request, but this it~m would be takexa under adv3.sement until more infor- mation was made available for the Council's,cans3deration, a5 equalization of service charges is under study by the Gfluncil at thig time. PLANN. COMM,REQIJEST EFFORT BE MADE FOR STDEWALKS ON MOIVTEGO AND I~Y. ELM ST, Administrator Butch advi~ed that as a re5ult of.a great deal of comment made regarding the lack of sidewalks dv.ring a public hearing ~n a proposed re- zoning near the Ocean View S~hool, that the Planning Commissian has requested that the City make some effort to establish a 1911 Improvement Act to place sidewalks on North Elm St, an.d Montego St. The'Council discussed that szde- walks were desirable in this area and were also needed on Halcyon Road ~.nd Fair Oaks Ave,, but that a 1911 Improvemerct Act cc~uld not be established as suffic4 ient side~aalk was nat installed at this time, but if 60% of a block peti,t-. ioned to have sidewalks installed, the 1911 Improvement Act could then be utilized. After Council discussion, it was agreed that letters signed by the Mayor be sent to residents on these streets and to the Lucia Mar'Unified School District, requesting an expression of their interest in having sidewalks, and a response as to their interest in promoting this project. RESOL. ADOPTION - AGREEMENT ON THE TOPICS PROGRAM STt~D~ Administrator Butch advised that copies of the Laca1 Agency-State Agree- ment No. 1, which covers the 'preparation of a TOPICS Study Report for the City by Lampman and Assoeiates had been reeeived and it was requested that this agreement be approved by resolution adoption,. After Council discussinn, City Attorney Shipsey read the title of a resalution reg~rd.ing the Local Agency- SCate Agreement No, l between the City of Arroyo Grande and the Sfiate of Cal- ifornia, thereafter a motion was m~de lay Councilman Ta11ey, seconded by CouMCilman Wood, and unanimously carried, to dispense with reading the ba1- ance of this resolution. RESALUTTON NQ. 913 A RESOLUTION OF THE CITY' COUNCIL OF THE CITY OF ARft0Y0 GRANDE AUTHORIZI~TG AND I~IRECTING THE MAYOR OF THE CITY OF ARROYO GRANDE TO EXECUTE LOCAL AGENCY-STATE AGREEM~NT N0. 1, (TOPICS STUDY) On motinn of Councilwoman Thompson, seconded by Councilman Ta11ey and on the following roll call vote, to wit; AYES: Council Members Thompsor~, Waod, Talley and Mayor Leuine. NO~S: None ABSENT: CounciLansn s~hlegel. the foregoin.g resolution was passed and adopt~d this $th dap of Deaember, 1970. ~ g ~ ~ ~ ~ ~~-~,N ~ • ~ e:B . CITY C6UNCIL DECEM~ER 8,.1970 ARROYO GRANDE, CALIF°ORNIA PAGE 5 LETTER FROM N. GAYNOS RE: DRAINAGE ASSE~SME~TT, TRAGT N0. 140 Administratdr Butch reviewed a letteX received fro~n Nick Gaynos, co~ developer of Tract No. 140, ~aynfair Terr"ace, regarding the spreading of assessa ments for that drainage structure instal~ed ixa emn,~uxa~t~ox~ with the developt~ert of Tract No. 282, which was installed in suffi~ient ~ize to earry drainage from surrounding ~reas, a~.d protested th~.t the ~~sess~cnen.t was ~pread equally between the thr~e ponding lots rnstead of on. a fifty~~fifty basi~ between the ~o-develop- erse Director of Public Works Anders~n reviewed his regort, dated D~ce~be~° 3, 19?O, in. which he advi~ed that the ass~s~nner~t was cor~sidered ~s a lien against ~he property and was spread to ea~h lot eq~.ally, wh~ch_is the usual procedure, and even though Mr. Gaynds had requeste~ ir~ ~ l~tt~r dat~d April 5, 1970, that the fiftymfifty basis be usec3 ~taat he had not ~ha.nged the pr~arati~n as only one of the parties inv~lved had granted their a.pprova~. fc~r th~ change. After discussion, Administrator Bu~ch w~.~ in.stru~ted to wri~e t~ Mr. Gaynos and adm vise him_that the asses~a~ez~~: ~s ~pread tsa the be~.efitir~g pr~perties and the Gity has no authority ta a.;.:-r~~s~ aecc~rdi~.g to owners a~d that a.my other arrange~ ments would have to b~ made between the tw~ comdevelopers. NOTICE THAT STATE SCENIC HIGHWAY ADVISORY COMM. WILL BE Ilv AREA 12~11--70 Administrator Butch advised, as information only, tha~t the City has been informed that the State Scenic Highway Advisory Committee will be in, this area on December ll, 1970, to review gor~iora~ of Route 46 and Raute 41, REQUEST APPROVAL OF" STANDARDS FOR WATER METERS, UPWARD AND DOWNWARD DRIVEWAYS Administrator Butch advised that the Directc~r c~f Pu~lie Wc~rks had requested Council approval of Constru~tion. St~ndards for Water Meter Installations and Upward Driveways ~.rad Downward Driveways and Director ef Publi~ W~rks Anderson reviewed the standards ~.~.d ou~li~ed the ~.e~es~ity for the ad~ption of these standards, After Cc~uncil dise~xssion, nn motio~ ~f Councflman Wood, seconded by Coun.eilw~man Tl~orr~pson, an.d ur~animousl~ carried, Water Meter In.stallation Standard:, Drawing No,.W-1, dated June 24, 1970, w~as appr~ved and accepted. The Council discussed and agreed that action regarding Upward Driveway Standard, Drawing Bo8, dated November 19, 1970 and Downward Driveway Standard, Drawing Noa B-7, dated November 18, 1970 be held over until the next regular meeting of the Couneil, to allow suffi~ient time for ~isu~.l review of exist- i~.g driveways. RESOL. AUTHORIZING RECORDING OF NOTICE OF COMPLETION, FA.IR OAKS AVE. BRIDGE City Attarney Shipsey advised that authQrization for recording a Notice of Completion on the Fair 0aks Ave, Bridge has t~ be approved by resolution adopt- ion rather than by motion of the Council as noted in the minutes of November 24, 1970. After Council discussian, City Attorney Shipsey read the title of a resolution regarding recording a Notice c~f Completion, thereafter a motion was made by Councilman Wmod, seconded by Councilman Talley9 and unanimously carried, to dispen.se with reading the '~alan~e of this resolution. RESOLiJTION N0, 914 A RESOLUTION OF THE CITY COLTI~ICIL OF THE CITY OF ARROYO GRANDE AUTHORIZING RECORDING OF NOTICE OF COMPLETION. On motion of Councilman Wood, seconded by Councilman Ta11ey and on the following roll ~all vote, to wit; AYES: Council Members Thompsan, Waod, Talley and Mayor Levine. NOES: None. ABSENTm Goun~ilman Schlegele the foregoing resolution was passed arcd adopted this 8th day of December, 1970. ORAL REPORT ON RECE:~T COUNTY WATER RESOURCES ADVISORY COMMITTEE MEETING Councilwoman Thcamp~~ra repox°ted that Supervisor~elect Mankin~ had advised that Flood Control and Water Co~.servation Distri~t Zone 3 would not be included within the limits of the praposed Stenner Creek Projeet, aad that Mr. Drahn had advised that there is ample taater for agricultur~.l uses through~ut the Arroyo Grande Valley. 345 CITY COTJNCYL DECET~BER 8, 1970 ARROYO GRANDE, CALIFORNIA PAGE 6 PROGRESS REPORT - WATER LINE INSTALLATIOI~TS ~ PROJECT NO, b0~70~2 Dixector of Public Works Anderso~ ~ep~rted th~.t the in~tallati~n of water line.s in the Brisco Hill Area has been hind.ered due to the recent rains which caused.considerable taash out of the tren~hes ira whi~h. the lines h~d been in- stalTed and the trench backfilled, ~ut the asphalt hacl radt yet been replaced; and that the work is progre~sin,g satisfactorily> PROGRESS REPORT - ARROYO GT~ANUE SETJE~.B ASSES3MEIV'I' DI3TRI~T Administrator Butch reported that he had received a phc~ne ~a11 ~rr~m a representative at the HUD office in.Los Axageles, and ~aas ~.d~ised that the ~ity's application for a federal grant for finar~cial assls~.an~e with the Arroyo Grande Sewer Assessanerat Dis tri~t is being proc~ssed as rapidl~ a~ passible a~xd at this time all details ap~e~.r to be i~ carder. , PROGRESS REPORT - SOUTH SAIV LUIS O~3ISPO COUNTY SANITATION DISTRICT~ Copies of the Ghief P1 :a~- Operat~~'s Report for the month af No~creinber, 1970, were re~eived by the Cou~cil, reviewed a~ad e~rdered filed. DISCUSSION - CONTROLS AND REGULATIONS ~OR TAXICAB OPERATIONS WITEiIl~ CITY Administrator Butch.reported that re~entZy a business license has been issued to Leonard Feik, owner of the Red Top Cab, to operate a taxicab service from a location within the City and that the City does not have an ardinance regulating and controlling taxicab operations and th~.t Mrm Donald Garcia, owner of the Five Cities T~xi, who operates from a loc~tion in the City of Pismo Beach, has orally protested the issuan~e ~f the business li~ense to Mr. Feik and questioned the lack of regulations an.d control~ for this type operation within the City of Arroyo Grande. After C~umcil di~cu~sion, Ad~inistrator Butch was instructed to obtain and ca~apile in£csrr~aatiox~ from ather Cities re- garding their regulations ~nd coratrols for Taxicab ope~~.tioz~s for Council study and consideration. iNQUIRY REGARDING ZONIN~ PROCEDU1tE AND SIDEWALK INSTALL, BY P1RS. JAMES LQVE Mrs. James Love, 1238 Montego Street, was present and was advisect that w~en a rezoning application was deni.ed by the Planning Commission, and tihe denial was not appealed to the ~ity Council, n.o further action would be taken on that application and the property retains the existing zone designation. Mrs. Love stated that she would be willing to work.to promote sidewalk imstallatians in this area, provided that with the inst~.llation of sidewalks on the north side of Montego Street, access to her property would ~till be possible, as the existing driveway has minimum usageA ADJOURNMENT On motion of Councilwoman Thompson, se~c~nded by Councilman Talley and unanimously c:arried, the meeting adjourn.~ed at 9:28 P.M. until 8:00 P.M., December 16, 19?0, at which time the Coun~il will meet with the Parks and Recreation Gornmission at its regular meeting; and the Coun~il will meet fn ~ adjourned regular session at 7:30 P.M., December 21, 1970. . ATTEST: - TY CLE MAYOR ;