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Minutes 1971-07-13 421 ~ CITY GOUNCIL _ JULY 13, 1971 . A~ROYO GRAIVDE, CALIFORNIA The City Council met in regular ses~ion:with May~r ~evine presiding. Upon roll ca11, Council Membex°s-S~hlegel~ Thom.psorn, Wo~d and' Ta11ey reported present. PLEDGE OF ALLEGIANCE AND INVOCATION ~ Mayor Lev~~e lead the Pledge of Allegiance to our F1ag; and immedia~ely thereafter, Councilman Schlegel delivered the invocation. APPROVAL OF MINUTES The minutes of the ~egular meeting of June 22, 1971 and the ~.djou~ned regular meetings of June 28, 1971, were approved as prepax°ed. APPROVAL OF WARRANTS On motion of Councilman Schlegel, seconded by Councilwoman Th~mp~on, and unanimously carried, General Warrants No. 1 through Noe 48, in the to~al amount of $12,~48098 and Payroll War~ants No. 1887 through No> 1930, in the total amount of $16,445.56, were approved and ordered paid. APPROVAL OF JOURNAL VOUCHERS TRANSFER On motion of Councilman Talley, seconded by Councilman Wood, and unani- ~ously carried, Journal Vouchers No. 1 through 5 inclusive, were approved and ordered transferreda RECEIPT OF' PETITION PROTESTING ORDINANCE N0. 52 C.S. ~ HUASNA RD. N0. 2 ANNE~. Administrator Butch reported that the City Clerk is in receipt of a petition protesting the Council's adoption of Ordinan.ce No. 52 C.So with reference to the ~uasna Road No. 2 Annexation and read a letter from the Arroyo Grande Citizens Committee for Better Government, Proponents of the Petition, which advised that ~he Referendum Petition was in accordance with Section 4051 of the California ~lection Code and ~equested it be filed and processed per Sections 4051, 4051.1, .2, .3 of the Election Code and the letter also requested a copy of the,certi- ~ication of the petition. Administrator Butch read a Certi'ficate of Sufficiency ~~.ted July 7, 1971 and signed by City Clerk Kingsley which certified that she j~~d checked the Referendum Petition protesting the adoption of City Ordinance ~p. 52 C.S, and that to the best of her knowledge, the Pe~ition is signed by ~~n percent (10%) of the electors residing within the City Limits of Arroyo - (~~ande . City Atto~ey Shipsey advised that the annexation Ordinance No. 52 C.S, is ~~bject to Referendum Petition, that in his opinion the petition is adequate ~,~d that the Gity Couneil could either repeal the Ordinance or submit it to a ~pte of the people. After Council discussion, it was agreed not to regeal Ordinance No. 52 C.S. ten percent of the registered voters did not represent a majority of the p~ople, and City Attorney Shipsey was instructed to prepare and sub~it at the ~,~xt regular meeting a report on. the procedure necessary to submit this issue ~p the people by election. The Council also instructec~ City Administrator Butch fip contact the owner of ~he property being annexed by Ordinance No. 52 C.S, and ~~termine his feelings as to the urgency of this property being annexed. ~~TTER OF APPRECIATION FROM MRS WYDTI~TE AND MRS GOODSELL RE: 1115 FAR.ROLL AVE. Eldministrator Butch read a letter from Jennie Wynne and Barbara Goodsell ~~anking the City and the City employees for the outstanding job on gradin.g ~,~e driveways and planting the slopes on their property at 1115 Farroll Avenue y~.ich was done in conjunction with the bringing to grade and improvement of ~'~.rroll Ave. .R„~i',CEIPT OF COUNTY DEVELOPMENT ASSOCIATION'S BROCHIJRE ON SLO COUNTY Administrator Butch reported that copies of the County Development A~sociation's new brochure on San Luis Obispo County had been received and each ~C~uncil member received a copy. ~ r. I, TTERS FROM HALF MOON BAY RE: SB 1354 AND FROM CARPENTERIA RE: SB 1482 & 1483 City Administrator Butch advised that a letter had been received from the C'!ty of Half Moon Bay urging this City's support of Senate Bill 1354, Coastal C"ntrols ~.nd a summary of Coastal Legisla.tion prepared by the City of Port H eneme and that a resolut~on had been received from the City of Carpenteria s pporting Senate Bill 1483, establishing a California Coastal Zone Protection a°d Development Act of 1971 and Senate Bill No< 1482, calling for a 2-Year m ratorium on caastal development. After Council discussion, there was no tion taken at this time. w~ ~ITY CO~TNCIL JULY 13, 1971 t~RR0Y0 G~DE, CALIFORIVIA PAGE 2 TREASU1tER' S REPO1tT FOR THE MONf~Fi 0~` JU~E9 1971 Admin.i~tratox° Butch adv~~ed tha~ due to the addi~ion~l re~vorts necessaz°y at the ~lose of the fis~al year9 the Tx°ea~u~ex°' ~ R~pox°t f~r th~ m~xt~h of June, ~ 19718 was not fi~alized at ~h.i~ tirne. DEPARTMENTAL R~PORT FOR THE 1~IOI~TTH OF JITNE, 19~1 The De~~.rtmental Report f~~ the mo~ath of Jux~e, 1971a wa~ re~eived by the Council, reviewed amd ordered fil~d. REVIEW OF LEGISLATIVE BUZLETINS ~ROM THE LEAG~lE OF' CALIFORNIA ~~TIES Administratmx° But~h reviewed th~ League Legi~l~.tive Bu11et~~.s for June 25 and July 2, I971 and xnoted that the poli~e and firemem~ mandatiory retire- ment has been approved by the Senate Co~ni~Ct~~ on Government Organization and that Senator Gr~.nsky has indicated his support of this meastzre. ADOPTION OF RESOLUTION AMEDIDIlVG PERSONNEL SYSTEM RULES AI~TD REGULATIONS Gity Administrat~r B~.tch briefly rev~ewed that in establi~hing supple- mental wage benefits for Cit~ employe~s, ~t was agre~d to increase the sick 1.eave accumulation and to establish educ~.tion advancement for employees within the salary range of their job classificationa and after Coun.~il discussion, City Administrator Butch read the title of a resolution regax°din.g sick leave and educati~nal advancements for City employees, thereafter9 a mation was made by Coun~ilman. Schlegel, seconded by Coun~ilwoman Thompson, and unani- ~ mously carried, to dispen~e with reading the balance of this resolution. RESOLUTION N0. 944 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING RULE X, SEC, 2, SICK LEAVE: AND ItULE XI, PAY ADJUSTMENT BY ADDIIVG SECTION 3, EDUCATIONAL ADVANGEM~NTS, On motio~ by Councilwoman Thompson, seconded by Councilman Talley and on ~he following roll call vote, to wita AYES: Council Members Schlegel, Thompson, Wood, Talley and Mayor Levine. NOES; None. ABSENTs None. ~~e foregoing resol~:tio~ was passed and adopted this 13th day of July, 1971. ~~.JBLIC HEARING ~ REZO~T~NG CASE N0, 71-47 - METHODIST CAMP CONIl~IISSION Adminis~rator Buteh reviewed that a resolution has been received from the ~lanning Commis~ion recommending the rezoning from R-A-B-3 to P-D, the property '}~~own as the Method.ist Camp Ground with entran~e from Wesley Ave., as requested ~y the application submitted by the S~uthern California-Arizona Conference Camp ~pmmission of the Me~hodist Ghur~h. Upon being assured by City Clerk Kingsley ~~at all requix°ements provided by law9 regarding notification of hearing, had 1~~en complied with, Maynr Levine declared the hearing open and all persons ~Puld now be heard for o~ against the proposed rezoning. The following persons ~~re presemt and spoke in favor of granting the rezoninge Mr. Bill Paulser~, , ~~titioner of the r•ezon.ing and representing ~he Methodist Church; Francis Le ~pint, also representi~.g the Methodist Church and Mr. Bob Goulart, 801 Opal ~ircle. There being n.o further discu~sion for or ag~.im~~ the rezoning, Mayor Levine c~~clared the hearing closed. After Coun~il discussi~m, City Attorn.ey Shipsey . ~~ad, for its first reading, the titl~ of an. ordinance amending the Municipal t~~de so as to rezone from R-A-B~3 to ~P-D, certain property in the City of Arroyo ~~ande, thereafter, a motion wa.s made by Councilman Schlegel, seconded by ~~uncilwoman Thompson, and unanimously carried to dispense with reading the ~~.lance of this ordinance. IC IPAI, C ODE AMENDMFI~TT (~;DINANCE ADOPTION REQUIREMEI~ITS FOR THE DRILLING OF WELLS, Admin,istrator ~utch read the title of an ~rdinan~e regardimg the drilling q'~ water wells in the City of Arroyo Grande, thereafter a motion was made by C`uncilman Schlegel, seconded by Councilwaman Thompsorc, and unanimouslq carried, dispen.se with readi~g the balance of ~his ordinance. 423 CITY COUNCIL JULY 139 1971 ARROYO GItA~DE~ CALI~OI~~IA PA~E 3 ORD3~VA:.~3CE I~O. 54 AN ORDII~Ai~'CE 0~ ~HE CI~TY 0~ A~.RO~'0 GI~DE AMEi~TDI1VG Tt~~ ARRCJXO GRAlQI9E 1~iJl~"~C~PAI~ ~~DE B~ ADDING ~~PT~R ~ TO T'I~I~~ ~ Q!~ TZ~ AItIZ0Y0 GRANDE ~~CIl'~T~ ~~D~ ~0 REQU~lt~ PEEtNIITS F01~ Tfi~ DRILLI~TG 0~ GTEL,LS a E~TA~a L3SH~~~ k1ELL ABAI3~Ol~S~~`~ PR.(~EDUR~S e A~~D LIMIT~N~ 'l~iE SAZE 0~ WAT~Ra On motion. of C~~n~ilwoman Thomp~on~ ~e~m~d~d ~g~ Coun~ilma~ Talley and o~. the following roY1 ~all vote~ t~ wi~: AYE~ e C~un~il ~S~znbers ~~h1eg~1, ~i~rnp~~~.~ Talley and Ma~or Levine. NOESs C~u~~ilman Wood ABSENT: No~e. the fAx°egoing Ordin~.nce wa~ pa~~~d ar~d adop~~d ~hi~ l~th day of July, 1971. FU1tTHER DISCUSSIOI~ O~T WOODS ANIMt~L SHELT~R AGRE~~TT Admini~trat~r B~t~h reviewed a~~por~ ~nd r~~~~nm~nda,tic~n from the Gx'and Jury reg~.rding Woc~ds A~.imal ShelterBs an.irn~l cantrol s~rvice~, ~.nd aftex° Council discussion~ ~t ~was a~reed that n~ a~t~a~. be taken ~n th~ ~helter's x°equest for an incr~ase ira fee~9 ~.nd ~ha~ th~ City c~nt~~~~ with th.e present con.tract with the Sheltere u~ti~ the ~~,f~~nat~.c~r~ r~quested frorn ~he Shelter has been re~eived. RECEIPT 0~ MINUTES & RE~OMMm OF ITND~RGROUND UZ°ILITY COORDII~TING COMMITTEE The minutes of the Und.ergrou~d Utility Coordi~ating CoYmnittee meeting of .~une 219 1971, were received~ reviewecl a~d ordered filed, Th~ recammenda- tion of the Gorranittee th~t the. w~rdi~.~ mf the ~~~,gi~~.l e~abPing ox°dinance be ~larif~ed and if neces~a~r~ aine~ded to prov~de £ox° the estalxlishmen.t of under- ~ro~nd ut~lity d~.str~.cts where rro lf~es a~e r~~ur f~st~lled and that the area pf Faix° Oaks Avenaxe from Arroyo Gra~de Creek to i~s i~.~er~e~tion with Valley ~oad be created, by resolu~ican~ as an unde~ground ut~.lity district and after ~ouncil discussion, City Attorney Sh~psey tiaas imstructed to i~.vestigate and ~eport to the Council if new di~~ricts ~~~.dae forme~ under the provisions of ~he exis~ing ordinan~e and if not, px°epar~ an amendment to the o~dina~ce to ~rovide for t~te establish.ment of distri~ts for orig~.nal installation of ~.tilities a ~ENEWAL OF Ad~NUAL LEASE FOR CITY OWI~iED A~12EAGE ADJ, TO ASH ST.~OBAY~SHI BROS. Administrato~ Butch advised that the lease agx°eement between the City ~.nd Obaya~hi Bros. ~or annual rerzewal of G~ty ewned land adjacent to Ash 5~,, ~hich is u~ed f~x° the growing of strawberrfes9 h.as b~en prepaxed. for Cauncil ~onsideration, ~oranerly the 1ea~e taa~ for approx~mately 15 acres, but has ~ow been redu~ed ~o apprmxima~ely 12 ~~r~~ ~o ~he Maj~r Leagtce ball fieZd ~ould have adequa~e spa~e. After Co~.n.~il di~cussiox~n on, moti~n of Goun~ilman ~alley, ~eco~ded. by C~un~ilwoman Thomp~~~,s ~.n.d unanimously carried, the Mayor ~ ~;nd City Clerk were authasriz~cl t~ ~ig~ the lease between the Obayashi Brothers nd the Ci.ty, for apgroxianately 12 a~res of City owried la~.d adj~,~~nt to Ash ~t~°eet to be rxsed fo~ f~xming pu~poses, from Ju1y 1, 1971 through June 30,1972. ~?ROGRESS REPOR.T OI~T AGTION OF" PARK, &~US, IMPROVEMENT AREA ADVISOItY BOARD Administr~tor Butch reported tha~ th~ e~crow action i~itiated by the ~ity to a~quire off~street pax°1~ing propertg~ on ~h~ south side of Bran~h ~treet between Short Street and Bridge S~~~et ha~ been r~ject~d by some of ~he prope~ty owners and that the P~.r~~,ng ar~d Bu~iness t>dvi~ory Board is now in t~e process of writing a pers~r~~.l letter requeseing the property owx~ers co- c~~eration in, this very important mat~erm ~.ECEIPT OF SUNIMARY REPORT ON STATE DEP~. OF FIIVANCE CENSUS OF A,G., 1971, Copies of a Suirnnax°y Report, Popula~ion and Housing Data~ on the State ~~partment of Finance Census of Arroyo Grande, 1971, wa~ received by the ~~uncil and ordered filed, ~A~POINTMENT OF PL,Al~TING COM~ISSIO~TERS NU~T~S ~ JOI~~S ADTD BERRYHILL Mayor Levine recommex~d~d that He~r~ P. ~Tu~e~~ be ~eappointed to the Plan~ x}~ng Commi.~sion, Or~ mo~i~n ~f Coux~cilr,~c~xnan Thompson~ se~onded by Couneilman '~''lley and ux~~.nimous2y carr~ied, H~nry P. Nune~, 989 M~gn~lia Drive was re~ ~ pointed to sex°ve as a C~mmissi~ne~ or~ th.e Ar~°oyo Gx°ande Planning Commission, ~ th his term of office expiring ~n 3uxne 30, 1975. CITY COUNCIL JULY 13n 1971 ARROYO G~DE, CALI~'ORNIA I'AGE 4 M~yor Levi~.e reco~ended that Ra~m~~.d 7~nes be apgoi~ted to the Plan- nfng Co~mnission. On moti.on. ~f Ca~.~.~ilm~.~, 'T~~l~y9 ~~~o~ded by ~ou~.~ilman Wood and unanimously ~~,rried, Raymo~nd E. Jon.ese Star R~axte9 Bo~ l~A~ was appointed ~o serve as a Coamnissioner ~n the A~°rogyo ~r~~ade Plar~~.~.ng Cozra~i~sio~9 with his term of offi~e expiring on Juxae .~0, 1975. Mayor Levine recommended th~,t ~err~ Le ~e~ryhill be appoin~ed to the Plan- ning Corn~nission to fi11 the va~ancy ereated l~y the res~.~n~.tio~ ~f Ger~.ld N, Moss. On motion of Councilman Wood9 ~e~onded ~y Cour~.~ilman S~h1e~e1, and unani- mously ~arried, Terry L. Berry~si118 871. Todd La~n~s wa~ appoi~ted to serve as a Co~na,ssioner ca~ the Arroyo Gr~.n.de P1anr~ing C~~ni~si~n, with his term of affice expiring on Ju~e 30, 1972s APPOINTMENT OF PARK AND RECREATION COMMISSIOl~ERS NAKAMURA A1~D BENfiL~Y Mayo~° Levine reconnnended that Eddie T. Nfal~a~atura and Frank P. Bentley be re~.pp~inted to the Parks ax~d Rec~°eatfon Coanmission, Ort m~t~.on of Council~ man Schlegel, ~econded by CouncilazLaxa Talley~ and unanianously carried, Eddie T. Nakamura, 1173 Fair 0aks Avenue and Frank P. Be~.tley~ 391 Tally Ho R~ad, were ~°eappointed to serve as Ccsmmissione~s on the Arr~~o Grande Pa~°ks and Re~creation Commission, with their terms of office expi~~.ng o~. Jvne 30, 1974< APPOINTMENT OF PARKING COMMISSIONEIt F. J. KIRKPATRICK Ma~or Levine recommended that F. J. Kirkp~.~x°i~k be reappointed to the . Parking Gommission. On motfon of Council~roma~ '~oanpson, seco~.ded by Coun.cil- man Wo~d~ and unanimously ~arrieds F. J> Kirkpatri~ke P, 0. Bo~ "K"e (Printz Road) ~ras reappointed to s~rve as a Co~nissioner on the Arroyo ~ra~.de Parking Commissiona with his term of offi~e expiri~.g Ju~.e 30, 1974. ~ROGRESS REPORT ON TOPICS PROGRAM Administrator Butch reufewed a Project Repart and Program at Grand Ave., T,~esley Avenue and Traffic Way in the City of Arroyo Grande in San Luis Obispo ~oun.ty, Topics Project T-1 which proposed a traffic signal in~tallation a t ~his inter~ection which was being submitted to the State of California for ,~pproval under the TOPICS program. ~EQUEST FROM DIV. OF H/WS R~: ADD. OR DELE. ~ROM STATE ~REEWAY,EXPRESS. OR H/W Administrator Butch reviewed a letter dat~d June 24, 1971, from the ~ivision of Highways regarding additions and deletions from the State Freeway, ~xpressway or Highway System and after Council discu~5ion, Administrator Butch ~as instructed to eontact the Di~'ision of Highways and request a clarifieation g~f it~ p~oposal regarding these h~ghways. ,~EPOItT ON MEET, WITH STATE WATER. RESOURCES CONTROL OFF~CIALS REtWATER BASIN Administrat~ar Buteh reported that represe~.tatives from all Lope~ Water ~ontraettng entities within Zone 3 met with S~ate Water Resources Control ~fficials in Sacrament~ to discuss the pr~servation o£ rights of the Arro~o ~ran.de ground water basin and discussi~. was held regarding 1) ~.mending the ~tate Water Gode whieh w~uld allow annu~,l filing of a r~port with the Water ~.esources Control Board slaiming grou~.d wa~er rights; 2) a pump tax to apply ~o any additional uses other than those pr~~ently existing; and 3) a voluntary ,~greement be established among the contra~ting entities involved for the ad- ~udication of ground water rights. Discu~sion an.d action was taken on the report as follows: 1) Assemblyman ~acGillivray had indicated he would ~s~troduce su~h legislation in 1972 and ~t was recommended that this matter be refe~x°ed to the Zone 3 Advis~ry Board ~or its consideration and recommer~dation to the County Board of Supervisors; 7) a pv.mp tax be reconsidered by Zone 3 Advisory Board; and 3) Administrator ~~xtcl~ wa~ to meet with the other entitfes involved regarding a voluntary ~~reernent for the adjudication of grm~nd water rights. ~~OGRESS REPORT ON THE ARROYO GRANDE SEGdER DISTRICT Administrator Butch reported that the C~unty B~ard of Supervisors9 at ~~eir meeting of Ma.y 24, 1971, had app~oved an agr~ement to advance up to ~ 3,0OO.OQ to cover acquisition. of eas~anents, rights-~fmway, appraisal work, ~}.tle work only, '.ire connectioxn with the sewer distri~t px°ojeet, and ~.£ter Cl~uncil discussion, on m~tion of C~uncilwom~.~ ~~~mp~~~., ~e~mcaded by Council- nj~.~ Schlegel, and ureanimously ~arri~dy auth~rizati~rn ~ras granted for the Mayor and City Clerk to sign the Agreeme~t for Adrr~.~n~e r~f Gounty Funds for li~royo Grande Assessment District No. 1 0~. behalf ~f the City. J ~ 42~ . . L . . . . . . . . . CITY CO~TTNGIL JTJLY 13, 1971 ARROYO G1tA~TDEa ~ALi~O1L~It~ PA~~ 5 PROG1tESS REPORT ON SQUTH SAN LU~S OBIS~~ GObJ~~ SA,'~~T~TIOI~ DISTRICT Copie~ of th~ Ch~ef Pla~~ Op~~a~~~a~ Ete~~r~ f~r ~h~ ~on~h ~f Junee 1971, and copie~ of th~ 197Q-71 F~~~al Y~ar ~xpe~d~~~re R~po~t we~~ ~~~~ived by the CounGil, rev~eweel a~d m~dered f~1~d, RE~ORT ItE~ARDIa~~ 1~OLI~~ D~I~t~R~I~T~' ~OS~I~~ ~~~~~EI~~~~ APP~A~.AI~~E Q~ PERSONi~TEL Admiinis~ra~~r ~utch re~.d a regor~ da~e~ ~Ju1y 13 ~ 1921 prepax°~d by him, regarding the a~~io~.~ of Poli~e I~par~x~~r~t Da~pa~~he~~ ix~ ~efut~ of a Police Department poli~y whi~h requires all P~li~~ D~partme~t pe~son.nel t~ remair~ clean ~havem duri~~ th~ix° egnpl~y~e~~~ ~,~.cl ad~i~eci th~t t~e ~rievan~e pxocedure as estalali~hed by ~he Ci~y by ~h~ ad~p~ior~ 1~~~~1.uti~~ ~T~. 919 wa~ r~ot coanplied with and a~ he is the Muni~ipal E~a.pl~y~e Itela~i~~.s Off~~e~, h.~ ~a~ll mee~ krfth the Arroyo Grande Pea~~ Offi~e~se A~sociati~~ upo~. ~heir cognpl~an.~e ~r~th Resolution No. 919. REQUEST OF MAXQ~t L~I1~~ FOR P~1tl~ISSION TO ~E OU~ 0~ THE STATE 7-14~7~26, 1971 C7ci motio~. c~f ~ou~.~il~nar~ ~~hl~gela se~~~aci~d b~ GQ~xn.c~ilra~~nam Thomps~~.~ and u~animovsly ca~ri~de ~he r~qu~~t of M~~~r L~vir~~ pe~i~~ion t~ be out of the Stat~ of Califor~ia from Ju1}~ l~th ~h~~u~h ~7~13~ 2~th9 1.971, was ~.pproved, ADJ' OUI~TMEN~ On ~n~tion of Co~zracilc~r~m~.~ Th~mp~~~, ~e~c~~~ed tay Co~.~.~i~.m.a~ Tall.e~s and unanimou~ly ~arri~d9 the me~~in.g wa~ a~jou.~°ned at 9:22 PaM. d ATTEST: .~,'P. - W...- _ _ ~x ~o~.