Minutes 1971-10-26 455
CITY COUNCIL OCTO~E~ 269 ~97~
ARROYO GRANDE, CAT,IFORNIA
The City Council met in regul.ar session with Mayor Levine p~esi~i~~, Upon
roll call, Council Members Thompson, Wood and Ta11ey reported presento ~oura~~l-
man Schlegel is absent.
PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Levine led the Pledge of A1legiance to our Flag; and ~.~edia~el~r
thereafter, Reverend Glenn Peters d~livered the invocatione
APPROVAL OF MINUTES
The minutes of the regular meeting of October 12, 1971 an.d the regular
adjourned meeting of October 18, 1971, were approved as pzepared,
APPROVAL OF WARRANTS
On motion of Councilwoman Thompson, seconded by Councilman Wo~d a~d ~nani-
mously carried, General Warranta No. 291 through No. 321, in the total am~~xxt
of $23,457.45; Payroll Warrants No. 486-A through No. 536, in the total amount
of $13,977.39; and Trust and Agency Warrants No. 1522 through No, 1547, in
the total amount of $480.54, were approved and ordered filed.
RECEIPT OF 1970-71, CALIFORNIA CITI~S EMPLOYEE SAFETY CONTEST AWARD
Administrator Butch advised that the City has received the 1970-71 Calim
fornia Cities Employee Safety Contest Award, third place, for the Lowest Injury
Frequency Rate for Cities with 31-45 Employees.
PLAN.COM. REFERRAL RE: REVOC.OF USE PERMIT CASE N0.67-104,PHILADELPHIA TIRE C0.
Administrator Butch reviewed the actian of the Planning Commissior~ from
its minutes of October 19th, 1971, at which Use Permit Case No. 67-10% was
recommended to the City Council to be revoked and that the Attorneys" repre-
senting the petitioner and the opponents to the Use Permit had contaeted him
and requested that the Council hold a public hearing on this matter, After
Council discussion, it was agreed that a Public Hearing be held at 8:00 P.M.,
November 23, 1971, to consider the recomrnendation of the Planning Commission
for Use Permit No. 67-1Q4.
NOTICE FROM STATE RE: EXCESS STATE OWNED LAND IN AR.ROYO GRANDE FOR SALE
Administrator Butch reported that notice has been received from the
Division of Highways that excessive state owned land, adjacent to 18th Street
and Frontage Road in Arrpyo Grande is for sale and that the Gity would have
sixty days to determine whether to purchase this property. After Council dis-
cussion, on motion of Councilman Wood, seconded by Councilwoman Thompson and
unanimously carried, the matter of the excess state owned land adjacent to 18th
Street and Frontage Road, was referred to the Parks and Recreation Commission
and the Plannin.g Commission ~or their determination if this praperty was of
any value to the City and if the two Commissions determined that this property
was not desirable for the City'to own, Administrator Butch was instructed to
write to the Division of Highways and advise them the City has no interest in
purchasing this property.
REQUEST FROM POLICE OFFICER C. RODGER BROSE RE: SIX MONTH LEAVE OF ABSENCE.
Administrator Butch reported that a letter had been received from Police
Officer C. Rodger Brose requesting a six month leave of absence due to i.llness.
After Council discussion, on mofion of Councilman Talley, seconded by Council-
man Wood, and unanimously carried, the request of Police Officer C. Rodger
Brose for a six month leave of absence was granted, effective October 20, 1971,
with the stipulation that if he wishes to continue his medieal insurance, he
is required to pay £or his portion of the coverage, as we11 as his dependent
coverage cost.
LETTER OF REQUEST FROM OLIVER NELSON RE: CURB & GUTTER INSTALL. ON IDE STREET
Administrator Butch advised that a letter has been received from Mr.
C~iver Nelson, 548 Ide Street, requesting the Council to take some action,
if passible, on completing the eurb and gutter installation on Ide Street
between Garden St, and Whiteley Street, and reviewed a report from Director
of Public Works Anderson, which indicated that on the north side of Ide
Street, approximately 59% of the curbs and gutters are installed or committed
and could be completed by use of the ~hort 1911 Act and on the south side 34%
of the curbs and gutters are installed and could be completed undex recent
~egislation which permits the Council to require curbs and gutters withaut a
petition from the property owners, if, in the opinion of the Council, th~
~urbs and gutters are deemed necessary. After Council discussion, Adminis-
~rator Butch was instructed to advise Mr. Nelson, that at this time, the
!'~uncil does not want to fo~ce the i~.stallation of curb and gutters in a desig-
r~~ted area where less than 50% of the area does not have curb and gutters exist-
~
CITY COUNCIL OCTO~E~ 26, 19~~.
ARROYO GRANDE, CALIFORNIA PAGE 2
LETTER FROM ASSEMBLYMAN Z'BERG REQUES~ T.CITY SUPPORT AB 3066,1972 PK.& RECoBOND ACT
Administrator Butch advised a letter has been received from Assemlalytnan
Z'Berg, requesting that this Council formally urge Governor Reagara ~o ~,pprove
AB 3066 which will place on the November, 1972 ballot a$250 millio~a bor~cl issue
measure that provides $65 million to cities, counties and distri~ts f~r the
acquisition and development of park and recreation facilities. After Council
discussion, there was no action taken at this time.
REPORT BY JAMES THOMPSON, CITY REPRESENTATIVE TO THE OFFICE OF ECONOMIC OPPOR.
James Thompson, City Represent,ative to the Office of E~eonomic Opportunity,
was present and orally reported on the recent activities of the O.E.C., that I
changes have been made at the Ad~inistrative level, that Grass Roots and Day
Care Centers are still operating efficiently in all areas of the County. I
LETTER OF APPEAL,EST. OF CORA PYLE RE: BLDG.OFF.DETERMIN.SUBSTANDARD BLDG. ,
Administrator Buteh advised that an appeal has been received from Stephen '
N. Cool, on behalf of Grace M. Durfey, Administratrix of the Estate of Cora
Pyle appealing the decision of the City Building Official of September 14,
1971, determining that the building located at 251 Spruce Street, (San Luis I
Obispo County Assessor's Farcel No. 77-163-11), is sub~standard, declaring
said building to be a publi,c nuisance, and ordering Appellant to demolish said
building. After Council discussion, Administrator Butch was instructed ta
contact the Board of Appeals members as appointed by the Ci~y Council on
September 25th, 1962, and if these members are no longer available and unable
to serve on this Board, the Council will then appoint new members to the Board
of Appeals.
LETTER OF REQUEST FROM A.G. VILLAGE MERCH.ASSOC. RE: NEW WASTE RECEPT.& MAINT.
Administrator Butch read aloud a letter received from the Arroyo Grande
Vi~.lage Merchants Associ,ation advising that they are sponsering an extended
program of glacing uniform trash receptacles an Grand Ave. from Oak Park Blvd.,
easterly on Branch Street to Crown Street and also on Traffic Way, that these
receptacles would have a plaque atta~hed noting the donor and also requesting
that the City accept the responsibility of keeping these trash containers
emptied, After Council discussion, it was approved for the City to keep the
trash containers placed by the Village Merchants Association emptied and main-
tained.
DISC. OF CLAIMS BY SARA L.BARTLETT & JERRY R.RANDALL-PER.INJUR.& PROP.DAMAGE
Administrator Butch reported that the City's insurance brokers have ad-
vised that the City should as a general practice, deny all claims presented,
and refer them to their insurance carrier. After discussion, on motion of
Councilm~n Wood, seconded by Councilwoman Thompson, and unanimously carried,
the claim for personal injuries of Sara Lynne Bartlett, and the claim for
property damage ot' Jerry R. Randall, was denied and their claims were referred
to the City of Arroyo Grande's Insur~nce Carrier, and Administrator Butch was
instructed to notify the complainants' Attorney of this Council action.
TREASURER'S REPORT FOR THE MONTH OF SEPTEMBER, 1971.
The Treasuxer's Report for the month of September, 1971, were received by
the Council reviewed and ordered filed.
ORDINANCE-PREZON:.CASE N0.71-51ZA-1-1 TO R-1, STAGECOACH RD.(KUDEN)1ST READING
City Attorney.Shipsey advised he had prepared an oxdinance to prezone
approximately 28 acres of pxoperty contiguouS to the southeasterly City Limits
with access from Stageco~,ch Road, £rom San Luis Obispo County designated A-1~1
to City designated R-1. After Cour~cil discussion, City Attorney Shipsey read,
for its first reading, the title of the ordinance amending the Municipal Code
to prezone 28 acres of property conti,guous to the City Limits, thereafter, a
motion was made by Council.wom~.n Thompson, s~conded by Councilman Wood, and
~3xaanimously carried, to dispense with reading the balance of this ordinance.
SET PUBLIC HEA.RING - HUA,SNA RpAD N0. 3 ANN~XATION - HELD OVER
City Attorney Sh~ps~y advised tha,t the necessary xesolution to continue
proceedin.gs and set a public hearin~ for Huasna Road No. 3 Annexation was not
completed at this time, and this matter was h~ld over to the next meeting.
I~IUNICIPAL CODE AMENDMENT
ORDINANCE ADOPTION-INSP.& REGUL.PROVISIONS FOR CROSS CONNECT.TO PUB.WATER SUPPLY
Gity Attorney Shipsey read the title of an ordinance to establish pro-
visions for inspection and regulation of cross connections to public water
~upplies; thereafter, a motion was made by Councilwoman Thompsan, seconded by
457
CZTY COUNC~L ~ ~ OGT~~~R ~6, 197I
ARROYO GRANDE, CALIFORNIA ~AGE 3
Councilman Talley, and unanimously carried, to dispe~se w~th r~~di~~ ~~e ba1-
ance of this ordinance.
ORDINANCE N0, 60 C.S,
AN ORDIIVANCE OF THE CITY OF ARROYO GRAnTDE AME1~D~?VG
TH~ AR.ROYO GRANDE MUNICIPAL CODE BY ADDZNG ~HAPTF;R
9 TO TITLE 6 OF THE ARROYO GRANDE MUNIC~PAL COD~ TO
ESTABLISH PROVISIONS FOR INSPECTION AND 1t~GULATIO~~
OF CROSS CONNECTIONS TO PUBLIC WATER SUPPL~ESe
On motion of Councilman Talley, seconded by Councilman W~aod, a~d on the
following roll call vote, to wit:
AYES: Council Members Thompson, Wood, Talley and Mayor Lev~.~e.
NOES: None.
ABSENT: Councilman Schlegel.
the foregoing oxdinance was passed and adopted this 26th day of O~~ober, 1971.
DISCUSSION OF CLAIM-M.J.HERMItECK, INC. , COIaTTR. OI~T FAIR OAKS AVE. BRTDGE
City Attorney Shipsey requested that his report regarding the ~laiin of
M. J. Hermreck, Ince, for work, labor and materials provided the C~ty for the
construction of the Fair Oaks Avenue Bridge project be held over and th~re was
no action taken at this time.
RECEIPT OF MINUTES & REQUEST FROM PARK.& BUS.IMPROV.AREA ADVoBDoRE.ASSESS.COLLECT.
The minutes of the Parking and Busin.ess Impravement Area Advis~ry Board
meeting of October 7, 1971, were received by the Council, reviewed and ordered
filed.
Administrator Butch advised that the Parking ~nd Business Improvement
Area Advisory Board has recommended that the assessme~.t for off-street parking
be collected on an annual basis at the time of the issuance of an annual busi-
ness license, rather than twice a year, After Council discussion, on motion
of Councilman Talley, seconded by Councilman Wood, and unanimously carried,
the motion of the Council of November 24th, 1970, as noted in its minutes in
Book 7 Page 334 be rescinded and that the total annual assessments be collected
with the issuance of an annual business license.
REPORT ON UNDERGROUND UTILITY COORDINATING COMMITTEE MEETING OF 10-1$~71
Administrator Butch reported that at the Underground Utility Coordinating
Committee meeting of October 18, 1971, a representative from this Committee
has been invited to attend a meeting of the County of San Luis Obispo Under-
ground Coordinating Committee and that Supervisor Mankins has been requested
to attend the next meeting of this Committee on November 24th, 1971 at 9c00
A.M.
RECEIPT OF 1ST QUARTER REPORT OF WOODS ANIMAL SHELTER FINAN. & STATIS. REPORT
The First Quarter Financial and Statistical Report of Wcaods Animal Shelter,
dated October 5, 1971, was received by the Council, reviewed and ordered filed.
DISCUS. RE: STREET ABANDONMENTS - PTNS OF GARDEN ST.,ARROYO AVE., HARRISON ST.
City Attorney Shipsey advised that the,resolution to abandon portions of
Garden Street, Arroyo Ave, and Harrison Street was not complete and this item
was held over to the next meeting, After Council discussion, on motion of
Councilwoman Thompson, seconded by Councilman Talley, and unanimousl~r carried,
that the Resolution to abandon a portion of Garden Street, contain a reserva-
tion for a utility and drainage easement and a specifically stated foot path
easefnent.
PLAN.COMM.RECOMNI. RE: LOT SPLIT CASE N0. 71-143 REQUIRE,FOR R-O-W, S.ELM ST.
Administrator Butch reported that the Planning Commission has approved
and recommended that the City pay for the installation of curbs, gutters,
driveway aprons, and sidewalks in exchange for street right of way acquisition
on Elm Street between Fair Oaks Ave. and Farroll Ave, in conjunction with Lot
Split Case No. 71-143. After Council discussion, it was determined that as
City funds were involved and a precedent being set, that a study session of the
full Council be tentatively set for November 22, 1971, to discuss this recom~
mendation and that copies of,all adopted P1an Lines be available for revfew
and consideration.
CITY COUNCIL OCTOBER 26, 1971'
ARROYO GRANDE, CALIFORNIA PAGE 4
NOTICE OF PUBLIC HEARING SET-REZON.CASE N0,71-52, F-S TO H-S,TRAF~`IC WAY (LOVETT)
Administrator Butch advised that a Public Hearing ot~. Rezoning Case No. 71-
52, Traffic Way, F-S District to H-S District, Lee Lovett, has been set for
8:00 P.M. November 9, 1971. :
NOTICE OF PUBZIC HEARING SET-REZON. CASE NO Ji-53, R-A-B-3 T0 R-1,VALLEY RD.(CRAIG)
Administrator Butch advised that a Public Hearin.g on R~zor~ing Case No. 71-
53, Valley Road, R-A-B-3~bistrict to R-1 District, K, M, Craig, Agent, k~as been
set for 8:00 P.M. November 9, Z971. ~
REPORT AND RECOMMENDATZON ON OCTOBER, 1971 STREET PROJ~CT PRIORITY STUDY REPORT
Administrator Butch submitted and reviewed a report he,had prepared on
street priorities as discussed by the Council at their study session of 0ctober
18, 1971, and a projected cost over the next several years. Discussion on the '
undergrounding of utilities on Branch Street in conjunction with the proposed
reconstruction fol~owed and`it was determ'ined that the overall cost for the
total project was prohibitive for adjacent property owners participation, and
it was tentatively agreed undergrounding eould possibly be completed on Branch
Street from Traffic Way to Bridge Street. After Council discussion, on motion
of Councilman Talley, seconded by Councilman Wood, and unanimously carried,
Adm~.nistrator Butch was instructed to w'rite to the State Division of Highways,
advising them that the City wants to proceed with the reconstruction of Branch
Street, State Route 227, as a cooperative'improvement project with the City
participation being removal and replacement of sidewalks. -
The Council discussed the recommendations as submitted liy Administrator
Butch in his review of the street priorities report,'and the fallowing action
was taken:
On motion of CounciYman Talley,'seconded`by Councilman Wood, and unani-
mously carried, the Planning Commission was autharized. to review the Plan Line-
Cherry Ave. ~rom Traffic Way to Pacific Coast Railroad Place to consider amend-
ing the plan lin,e to ix~clude a portion of right of way from the north side of
the street.
On motion of Councilwoman Thompsori,"seconded by Councilman Wood, and
unanimously carried, Administrator Butch was authorized to negotiate the acquir-
ing of right of way on the west side of Elm Street at this time to fit into
the proposed plan line'from Grand Ave. to Ash Street.
On motion of Councilman Wood, seconded by Councilman Talley, and unani-
mously carried, authorizing that a survey of Newsom Springs Road be made at
a cost not to exceed $2,000 to determirie present ~oad right of way.
RECEIPT OF BIDS AND AWARD OF`CONTRACT-S~REET CHIP'SEALING,PROJECT N0. 90-71-1
Administrator`Butch reviewed that one bid was received and opened at 2:00
P.M., October 20, 1971, for Street Chip Sealing, Project No.°90-71-1 from ,
Harold D. Peterson, P.O. Box 366, Atascadero, California in°the amount of ~
$7,284.00; and advised that this bid is 'less than the Engineers Estimate for
this project and that Director of Public Works Anderson has reviewed this bid
and recommended the awarding of the contract to Mr. Peterson. After Gouncil
discussion, on motion of Councilwoman Thompson, seconded by Councilman Talley "
and,unanimously carried, the bid in tC~e amount of $7,284.00 for Street Sealing
Project No. 90-71-1 was accepted and the contract awarded to Harold D. Peterson,
wtio.submit~ed the lowest and best bid; and the Mayor and City Clerk were
authorized to sign the contract daeument on behalf of the City.
REPORT BY SOIL CONSER.DEPT.RE: PROPOSED DRAIN.STUDY ON UPPER NEWSfJM SPRINGS
Clark Moore, representative of U. S. Soil Conservation Department, was
present and orally reported on the Upper Newsom Springs drainage channel
~tudy, authorized by the Council on May llth, 1971, advising that a Koebig ~
Koebig representative, Director of Public Works Anderson and himself had re-
viewed possible drainage channel locations within the City Limits between
Newsom Springs Road and the Arroyo Grande Creek. Mr. Moore also reported
that he had discussed an earthen drainage channel routing with Mr. Fuchiwaki,
owner of the property it would be necessary to cross, and Mr, Fuchiwaki felt
the drainage channel would be more detrimental to his farming operations
than the occasional flooding. After Council discussion, it was felt that
this project could not be accomplished at this time without property owner
participation, and no action was taken, _
45~
~I'T~ ~OUNCIL QC~~~~R 26, 1971
ARROYO GRANDE, CALIFORNIA PAG~ 5
ZONE 3 ADVISORY COI~lITTEE 1KEETING OF OCTOBER 21, 1971-REPORT ~Y ADl~i~~7. BUTCH
Administ~ator Butch reported that at the
Zone 3 Advisory Commi~t~e meet-
ing of October 21, 1971, it was tMe feeling of the Committee th~t a Master
Plan of the Recreatiot~ Area and Facilitiea at Lopez Lake ia ~eeded.
Adminiatrator Butch adviaed that from the ~reatment Plant Op~r~t3o~~
Report for Lopez Reaervoir, it has beea determined that the City ie ~ow p~ying
for treatment of watex that ia not being received by the Ci~y. A~te~ Council
diacueaion, City Adminietrator Butch wae directed to writ~ to Sup~rvisor
Mankins and advise him that of the 2+890,19 acr~ ~~~t water treated ar~d
delivered, the City received 1,128.43 acre fe~t, ~hi~~ x°eP~°~~~~ta ~PPx~eximately
37-38rya of the total, but that the City t~as paid ~a~ 4~~/~ ~h~ wa,t~~ tr@ated,
and requeat that he give thi~ ~natter hie atten~ia~ ~n~d co~~idn~°at~.~~ for ar~
ad~ustment of these chargea.
A motion was made by CouncilWO~nan Thompao~, eeco~ded by Co~~cilma~ ~alley
and una~imouely carrimd, that a 1~tt~r b~ q~r~t~~n to ~~ak w~~ ~~a~~~~
the employmeat of t~ie Cou~t~? ~iydraulic ~~ginn~ri~g Sta~~, tha~ki~~ ~i~? ~o~ hia
servicea ta th~ City.
PROGRESS REPORT ON ~RROXO ~R~fi~E SEWE~ ~IST~ICT _
Adminietrator ~uteh rmport~d that hs had ~itl~ C~~~~~
and a repreaentativ~ ~rom S~o~~ a~d ~oun~b~~~ o~ Oct~b~~ ~~a, 1971, ~~d ~l~at
the bau~dary ~i~~~ a~d var~ou, ofih~r d~~a~l• p~~j~~~ ~~d
as far ae poe~ib~~, ~~solv~d; t~at t~~ d~t~a ~~c~~b~~° 4~t~ ~~71,
were ech~dul~d ~o ~a~~ i~~o~al di,e~a,s~~~e ~h~ ~~~li~ ~~~~v~~~al
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