Minutes 1972-01-11 483
CITY COUNCIL JANUARY 11, 1972
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session with Mayor I,evine presiding.
Upon roll ¢a11, Council Members S~hlegel, Thompson, Wood arrl Talley reported
present.
PLEDGE OF ALI,$GIANCE AND INVOCATION
Mayor Levine lead the Pledge of Allegiance to our Fl~g; and immediately
thereafter, Reverend James Wickstrom of the First Presbyterian Church of Arroyo
Grande, delivered the invocation.
APPROVAL -0F MINUTES
The minutes of the regular meeting of December 2$, 1971, were approved as
prepared.
AFPROVAL -0F WARRANTS
On motion of Councilman Schlegel, seconded by Counci~.woman Thompson, and
unanimously carried, General Warrants No. 510 through No. 559, in the total
amount of $26,706.54; and P~yroll Warrants ~10. 794 through No. 839, in the total
amount of $13,539.52, were agproved and ordered paid.
LETTER FROM CAMARILLO URGING STRICTER C013TROI, DF WASTE
Administrator Butch reviewed a letter received from the City of Camarillo,
asking the City Council to urge stricter standards to control effluent waste
being discharged into the ocean. After Gouncil diseussion, it was decided no
support would be given in this matter by the City as it is felt the present
controls are strict enough.
LETTER FROM CARPINTERTA RE. COASTAL CONTROLS CONFERENCE
Administrator Butch reviewed a letter received fram the City of
Carpinteria calling for a conference in February, 1972, on coastal controls with
representatives of coastal cities and counties in the Tri-Counties area. After
Council discussion, Administrator Butch was di~'ected to advise the City of
Carpinteria of the Council's approval of the proposed conference.
~'ROCLAMATION -"JAYCEE WEEK" - JANUARY 16 TQ JANUARY 22, 1972
Mayor Levine proclaimed`the period from January 16 to January 22, 1972,
as "Jaycee Week" in the City of Arroyo Grande, as requested by Dick Blankenburg,
Jr, of the Five Cities Jaycees.
TREASURER'S REPORT FOR THE MONTH OF DECEMBER, 1971
~ The Treasurer's Re~ort for the month of Dec~mber,_1971, was received by
the Council, reviewed and ordered filed.
DEPARTMENTAL MONTHLY REPORT FOR DECEMBER 1971
The Departmental Report for the month af December, 1971, was received by
the Couneil, reviewed and ordered filed.
DISCUSSION OF CLAIM - M. J. HERMRECK, INC., CONTR. ON FAIR OAKS AVE. BRIDGE
Administrator Butch reported that figures on the extra work done by
Hermreck Company had been received from Attorney Weaver on Jan. 1Q, 1971; and
requested that in order to enable Director of Public Works Anderson time to.
review the €ig~.res and prepare a report, th~ Council and Attorney Weaver, who
was present, agreed that this item be held over to the next regular'meeting of
the Council.
FINAL REPORT - DOG CENSUS
Administrator Butch reviewed the Dog Census Report submikted by Mike
Hurtado, Intern Administrati,ve Analyst. The report indicated a population of
around 1500 dogs in the City'of Arroyo Grande, of~which about 1000 were
unlicensed, but, .as-, of Janu~;ry 1.Q,, 197.2,; 434 dogs had been Iicensed. At 'the end
of February rem~,nders will be "sent to dog own~,~'s.`whose ~.o,gs r~mai.~, unl,icensed
according to records compiled during the census.
MUNICIPAL CODE AMENDMENT
ORDINANCE ADOPTION - HUANSA RQAD NO 3 ANNEXATION
Gity Attorney Shipsey read the title of an ord~nance amending the
Municipal Code so as to annex certain groperty in the Gity of Arroyo Grande;
thereafter, a motion was made by Councilman Schiegel, seco~ded by Councilwoman
Thompson and unanimously carried, to disp~nse with reading the balance of this
ordinance.
~RDINANCE NO. 65 C.S.
AN ORDiNANC~ APPROVING THE ANNEXATI01~ OF CER~AIN
UiVI~TI~ABITED TERRITOI~`~; DESIGNA'~'ED 10'FitJASNA ROAD NQ. 3"
' '~'Y~ C I ~ ~ A~bROY~ ~EiA13I~~ .
~ , 4~~
CITY COUNCIL JANUARY 11, 1972
ARROYO GRANDE, CALIFORNIA PAGE 2
On mQtion of Co~:ncilwoman Thcn:ipson, second~d by Councilman Schlegel, and
on the following roll c,all vote, to wit:
AYES: Council M~mbers Schl~g~l, ~'hampsan, Wood, Talley and Ma.yor Levine.
NOES: None
ABSENT: None
the foregoing orclinance w~s passed and adopted this llth day of January, 19720
RECEIPT OF MINUTES OF THE COASTAL VALLEY PLANNING COUNCIL MEETING - DEC 6 1971
The minutes of the Coastal Valley Planning Council meeting of December 6,
1971, were receiveci by t~e Council, r~viewed and order~d filed.
Mayor Levine report~d on his att~ndance at the Coastal Valley Planning
Council meeting of Jannsary 3, 19Z2 and Y1is conv~yance to th~m of the Council's
dissatisfaction with the s~treet name change of Frontage Road to E1 Camino Real,
He further reported tl~at it does not appear that consideration will be given to
the Council's dissatisfaction of the name change, which has already been
accepted by the other cities involved,
AUTHOI2.IZATIQN - NO FEE FOR FT~ING CANDIDATES STATEMENT - 1972 MUNICIPAL ELECT.
Administrator Butch reviewed that with the forthcoming Municipal
Election, candidates for office can prepar~ a statement about their ability,
education and ba,ckground which will be mailed out to the voters with the sample
ballots and that tthe Council has the option to re.quire payment from the candi-
dates or have the City pay the cost. After Council discu.ssion, on motion of
Councilman Wood, second~d by Cc~r~ncilman Schlegel and unanimo~.sly carried, it
was approved that pa_ym~.nt for candidatFS' statem~nts of qualzfications for the
Municipal Election to be held. April 11, 197Z, woul.d be paid from the general
fund of the Ci~y of Arroyo Grand~a
RESOL. REQUESTo BDo ~F SUPERVISORS TQ PERMIT SERVICES RE: Mi7NICIPAL ELECTION
City Attorn~y Sh.rpseq read the title of a resolution requesting the San
Luis Obispo County Board of Supervisors to permit th~ County Clerk to render
specified services relating to the G~neral Municipal ElECtion; thereafter, a
motion was made by Councilman Schlegel, seconded by Councilwoman Thompson, and
unanimously carried, to dispEnse with r.eading the balance of this resolution,
RESOLUTION N0. 963
A RESOLUTION OF THE CITY CpUNCIL OF THE CITY
QF ARROYO GRANDE REQUESTING THE BOARD OF SUPER-
VISORS ~F THE COtJNTY OF SAN LUIS OBISPO TO
PERMIT THE COUNTY CLERK ~JF SAID COUNTY TO RENDER
SPECIFIED SERVICES TO THE CITY OF ARROYO GRANDE,
RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL
ELECTION TO BE HELD I'N SAID CITY ON APRIL 11, 1972.
On motion of Councilman Ta.lley, seconded by Councilman Waod and on the
following roll ca11 vote, to wit:
~
AYES: Council Members Schl~gel, Thompson, Wood, Talley and Mayor Levine.
NOES: None
ABSENT: None
the foregoing resolution tiaa.s pas,sed and adopted this llth day of January, 1972Q
RESOLUTION ADOPT~ON - CALLING MUNICIPAL EZECTION ON APRIL 11 1972
City Attorney Shipse~ read the title ~f a resolution calling a Municipal
Election to be held on April 11, 1972; thereupon a motion was made by Councilman
Schlegel, seconded by Cs~uncilwoman Thompson and unanimously carried, to dispense
with reading the balance of this resolution.
CITY COUNCIL JANiJARY lI, 1972
ARROYO GRANDE, CALIFORNIA PAGE 3
RESOLUTION N0. 964
A RESOLUTION OF THE CITY COUNCIL -0F THE CITY OF ARROYO GRANDE;
CALIFORNIA, CALLTNG AND GIVING NOTICE OF THE HOLDING -0F A GENERAL
MUNICIPAL ELECTION TO BE HELD IN SAID CI'TY ON TUESDAY, THE lITH
DAY OF APRIL, 1972, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID
CITY AS REQUIRED BY THE PROVISiONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES AND FQR THE SUBMISSION
TO THE QUALIFIED ELECTORS OF SAID CITY AN ORDINANCE ANNEXING TO
SAID CITY CERTAIN UNINHABITED TERRITORY DESIGNATED AS "HiJASNA
ROAD N0, 2 ANNEXATION" AND FOR THE SUBMISSION TO THE QUALIFIED
ELECTORS OF SAID CITY AN ORDINANCE RELATING TO REZONING OF
CERTAIN TERRITORY ALONG THE EASTERLY PORTION OF SAID CTTY FROM
R-A-B-3 TO R-l,
On motion of Councilman Wood, seconded by Councilman Talley and on the
following roll call vote, to wit:
AYES; Couneil Members Schlegel, Thompson, Wood, Talley and Mayor Levine.
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this llth day of January, 1972.
PUBLIC HEARING - AMENDED CHERRY AVENUE PLAN LTNE
Administrator Butch reviewed the prior action of the Planning Commission
and ~Che Council in the top priority project of widening Cherry Avenue from
Traffic Way to Pacific Coast Railway. Both Administrator Butch and Director of
Public Works Anderson reviewed the proposed amendment to the Cherry Avenue Plan
Line with the aid of maps and aerial photograph of the area. A petition signed
by seven residents on East Cherry Avenue was received objecting to the
proposed East Cherry Avenue amended Plan Line.
Upon being assured by City C1erk Kingsley that all requirements
provided by law~ regarding notification of hearing, had been complied with,
Ma.yor Levine declared the hearing open and all persons would now be heard
for or against the amended Cherry Avenue Plan Line. Vidal Garranza, 303 E.
Cherry Avenue, thanked Administrator Butch for notifying residents of the
hearing.
The follawing persons were present and spoke against the amended
Cherry Avenue P1an Line: Agnes Luke, 425 Traffic Way; Mr. & Mrs. Ton.y
Abrate, 309 E. Cherry Avenue; Mr. & Mrs. Curtis S. Logan, 321 E. Cherry
Avenue; Elizabeth K. Finley, 407 E, Cherry Avenue; Vidal Carranza, 303
E. Cherry Avenue; Mildred Lovall, 133 E. Cherry Avenue; Bernice Hol.mes,
411 E. Cherry Avenue.
Bob Goulart, 801 Opa1 Circle ~nd Bruee Adams, 451 Woodland, commented
on the proposed amended Plan LineW
There being no further discussion for or against the amended Cherry
Avenue P1an Line, Maqor Levine declared the heaxing closed.
Z'he Council discussec~ this matter further and questioned Director of
Public Works Anderson about the f~asibility of taking only 12 feet from the
north side instead of l4 feet and eutting:down on the size of the parkway by .
2 feet; thereafter, on motion of Councilman Schlegel, seconded by Councilman
Talley and unanimously carried, Director of Public Works Anderson was '
authoriz~d and instructed to prepare an amended East Cherry Avemse P1an Line
map reflecting a 12 foot take from the northerly side of the street and to
present same for Council consideration at its next regular meeting.
MAYOR I~EVINE DECLARED A RECESS AT'9:10 P.M.
The Council reconvened at 9:I5 P.M, with all members being present as
shown on ro11 callo
PUBLIC HEARING - INTENTICiN T0 SELL PROPERTY ADJACENT TO OAK PARK BLVD.
Administrator Butch ~eviewed the bae,kground on the previously submitted
re~ommendation o€ the Planning Commission to sell real property lying
ad~~cexa~ and wes~:erl~ of 0ak Park Boulevard? between E1 Camino Real and
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CITY COUNCIL JANUARY II, 1972
ARROYO GRANDE, CALIFORNIA PAGE 4
Atlantic City Avenue. Upon being assured by City Clerk Kingsley that all
requirements as provided by law had been complied with, Mayor Levine declared
the hearing open and all persons would now be heard.
Bob Goulart, 801 Opa1 Circle ancl Mrs. Herbert Kiger, 775 No. 0ak Park
Boulevard, raised questions as to who could bid on the property, which point
was clarified by City Attorney Shipsep.
There being no further discussion, Ma.yor Levine declared the hear~ng
closed. After Council discussion, City Attorneq Shipsey read the title of a
resolution relating to the sale by public auction of real property lying
adjacent and westerly of 0ak Park Boulevardy between E1 Camino Real and
Atlantic City Avenue; thereafter, a motion was made by Councilman Schlegel,
seconded by Councilwoman Thompson and unanimously carried to dispense with
reading the balance of this resol.ution.
RESQLUTION N0. 965
A RESOLUTION OF THE CITY COUNCIL -0F THE CITY
OF ARROYO GRANDE ORDERING SALE OF CERTAIN REAL
PROPERTY FOLLOWING PUBLIC HEARING (GOVERNMENT
CODE SECTION 37420 et seq)
On motion of Councilwoman T'hompson, seconded by Councilman Wood,
and on the following roll call vote, to wit:
AYES: Councii Members Schlegel, Thompson, Wood, Talley and
Ma.yor Levine .
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this llth day of January, 1972.
Mayor Levine then announced that bids would be accepted at this time,
whereupon Nina J, Kiger, 775 N. Oak Park Boulevard, Grover City, submitted
her bid in t~ie amount of $500.00 to City Clerk Kingsley. There being no
furthar bids, on motion of Councilman Schlegel, seconded by Councilwoman
Thompson and unani.mously carriecl, the bidding was closed.
After Council diseussion, on motion of Councilman Talley, seconded
by Councilman Schlegel and unanimously carried, Nina J. Kiger`s bid fn the
total amount of $500„00 for the purchase of real property lying adjacent and
westerly of Oak Park Boulevard, between E1 Camino Real and Atlantic City
Avenue, was accepted.
After further Council discussion, on motion of Councilwoman Thompson,
seconded by Councilman Schlegel and unanimously carried, the Mayor and City ~
Clerk were authorized to sign and issue a deed for the above described property,
on behalf of the City of Arroyo Grande to Nina J. Kiger.
DOECKEL APPEAL RE: I,OT SPLIT CASE NO 71-147. FAIR OAKS AVE - APPRVD BY PLAN. COMM,,
Bernice Doeckel, 450 Woodland Drive, presented a petition signed by
residents in the ixranediate area of the requested lot split, appealing the
Planning Commission's approval of a lot split for three lots on Fair Oaks
Avenue, between Woodland Drive and Todd Lane. Administrator Butch reviewed
the prior actions of the Planning Commission and Lot Split Committee.
1~Ia.qor Levine asked for comments from residents present who lived in the
immediate area of the proposed lot split to aid the Council in making a
decision.
Bruce Adams, 451 Woodland Drive outlined a munber of specific
objections to the lot split as compilefl by the objecting petitioners.
Mrs, Carmen Baca, 851 Todd Lane, raised questions regarding easements
across the~property.
Dan 0'Donnell, representing Mr. & Mrs. Beti~a, the applicants for the .
lot split, reported verbally and visually by diagram of possible development
plans of the thre~ lots and also indicated the main purpose of the lot split
was an effort to dispose of the property more readily and not an effor~ to
antagoni.ze surrounding residents.
4~0
CITY COUNCIL JANUARY 11, 1972
AR.ROYO GRANDE, CALIFORNIA PAGE 5
A1 Holmes, 441 Woodland Drive, commented on the location of the
proposed home sites if built on the present terrain of the lots>
After Council discussion, on motion of Councilman Talley, seconded
by Councilman Schlegel and unanimously carried, the Council's decision on
Lot Split Case No. 71-147 was held over for thirty days until the regular
Council meeting of February 8, to provide the applicants and objecting
petitioners additional time to discv.ss possible plans for the property and
come to an amicable agreement.
INFO. FROM SAN LUIS OBISPO CD. RE: CONSERVATION ADVISORY COMMITTEE
Administrator Butch reported the receipt of information from the San
Luis Obispo County°Planning Department in the recent appointment of a
Conservation Advisory Committee that is charged with the formulation of
policy for the Conservation ~lement of the General Plan to be completed in
June of 1972. T'he committee will keep the City informed and Council
Members are invited to attend any of the meetings.
REPORT ON STORM OF DECEMBER 26 & 27. 1971
Administrator Butch reviewed a report from Director of Public Works
Anderson on the recent storm of December 26 and 27, 1971. Also reviewed was
a memorandum from R. W. Patterson regarding damage to his business and
suggestions for alleviating such in the future, Administrator Butch advised
that the Police Department has been provided with ~he home phone and address
of Mr. Patterson so he c:an be contacted in the event of another unanticipated
storm. 'I'he report and memorandum were reviewed by the Council and ordered
filed.
CITY PARTIC. IN STREET GRADE CHANGES MADE ON STREET PROJECTS BY CITY
Gity Attorney Shipsey requested and the Council agreed that this item
be held over to the next regular meeting as he is still in the process of
determining applicable code sections on this matter.
LETTER OF REQUEST FROM C.E, BOSWELL-REFUND PRTN. BLDG. PERMIT FOR CARPDRT-~APPRVD.
Administra~ar Butch reviewed a request received from Clifford E.
Boswell, 1177 Ash Street, for a partial refund of his Building Permit No. 4404,
which he obtained to build a carport and remodel his garage, when said garage
use was nullified due to-the grade change of Ash Street in the Fair Oaks Tract.
After Council discussion, on mo~ion of Councilman Schlegel, seconded by
Councilwoma.n Thompson and unanimously carriecr., approval of a$25.00`refund to
Mr. Boswell was effected of his original $47.50 permit cost.
REPORT AND AUTHORIZ. OF TENIP HIRING OF STEP PROGRAM PERSONNEL
Administrator Butch reported that the STEP training program, under
which ~emporary personnel was hired for the City by the State Department
of Huma.n Resources, was to expire December 31, 1971, but has been extended
to the end of January, 1972. Because of vacancies in various City depart-
ments, Administrator Butch requested the retaining and hiring of four of
these employees as temporary personnel at $2.Q0 an hour'until June 30, 1972.
After Council diseussion, on motion of Councilwoman Thompson, seconded by
Councilman Schlegel and unanimously carried', Administrator Butch was author-
ized to retain four ernployees, who are presently working under the STEP
Program, after the program's expiration to work at $2.00 an hour as
temporary employees until June 30, 1972, and. whose salaries will come from
budgeted positions which are presently vacant.
RECEIPT OF ESTIMATE OF MAINT. & OPERATION COST FOR LOPEZ WATER - 1972-1973
Administrator Buteh revieiaed estimated maintenance and operation costs
for Lopez water as submitted by the County Engineering Department`s accounting
officer, Leland N. Kirby. L~fter Council review and discussion, it was noted
that there is an increase in this year's operational costs and Counci.lman
Sch].ege1 was directed to request an explanation for the estimated increase.
PROGRESS REPORT - ARROYO GRANDE SEWER ASSESSMENT DISTRICT
Ma:yor Levine and Administrator Butch reviewed the special study session
on the Arroyo Grande Sewer Assessment District which was held January 10, 1972
at 7:30 P.M. At this special session the County Engineer's Office was
directed to review and get cost figures on the deletion of certain property
from the sewer district as requested by property owner Al Brown at that meeting.
PROGRESS REPORT - S0. SAN LUIS OBISPO C0. SANTTA.TION DISTRICT
Gopies of the Chief Plant Operator's Report for the month of becember,
1~7~.~, and a quar~erl~r report on revenue and expenditu.xes fox the South San
CITX COUNCIL JANUARY 11, 1972
ARROYO GRANDE, CALIFORNIA PAGE 6
Luis Obispo County Sariitation D~strict were reviewed by the Council and
ordered filed.
STATUS REPORT - REVOCATION OF USE PERMIT CASE N0. 67-104, PHILADELPHIA TIRE C0.
Adminis~rator Butch reported that on January 22, 1972, the sixty (60)
days granted to the Philadelphia Tire Company to disban operations at 111 Alder
Street will expire. Administrator Butch reported that from all indications
the business appears to be closing.
ANNOUNCEMENTS OF CITIZENS' INTENT TO RUN FOR OFFICE AT UPCOMING MUNI. ELECT
Councilman Wood introduced Ma.rk M. Millis who will be seeking the office
of Cauncil Member at the Municipal Election on April 11, 1972, Bob Goulart
introduced himself also stating his intenti.on to seek a seat as Council ~
Member`at the upcoming election.
ADJOURNMENT
On motion of Councilman Talley, seconded by Councilman Schlegel and
unani.mously carriedi the meeting adjourned at 10:31 P,M.
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ATTES : ~ ~
CITY CL MAYOR