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Minutes 1968-09-24 ~Q CITY COUNCIL SEP'TEMBER 24'TH, 1968 ARROYO GRANDE, CALIFORNIA _ _ . The City Council me°t ~n regular sess~.on w~th Mayor Pro °Tem °T~ompson presiding, Upon roll call, Gounc~lmen Lev~ne, Schlegel and Smi°th reported presenta Mayor Wood is absent. PLEDGE OF ALLEGIANCE AND INVOGAT°ION Mayor Pro Tem °Thompson led the Pledge of Alleg~.ance to our f~ag~ and immed~a°tely °thereafter, Adm.~n~strator Butch del~ve~ed the invoca°~~ono ~ APPROVAL OF MINU°TES T'he minu°tes of the regular mee°t~ng of Sep~ember lOth~ 1968 were ap- praved as prepared. APPROVAL OF WARRANTS A mo°ta.on was made by Councilman I~evine, seconded by Counc~lman Smith, and unanimously carried, tha°t General Warran°ts Noe 221 °to and ~ncluding Noe 247, in the total amount of $22~873.08, Pa.yroll Warrants Noo 292 t~ and ~ncluding No. 366; ~n the °to~al amoun°t of $11,839,85 and °Trus°t and Agency Warran°ts No, 604 to and ~.nclud~ng No. 629 ~n the to°tal amoun°t of $265,50, be approved and ordered paid. . PROCLAMA'TION: 1°FIRE PREVEN°TION WEEK'a ~ OGT°OBER 6°TH to 12°TH, 1968 M~.yor Pro Tem 'Thompson procla~.med Oc°tober 6~h throrxgh October 12°th, 1968 as t°Fire Preven°tion Week~P, as reqtaested by the Ar~oyo Grande Fire Depar°tmen°t , FURTHER DISCUSSTON~ ON "~~TABLY'SHMEN°T OF" A BICYGLE ORDINANCE Adm~nistrator Butch`rev~ewed °tha°t a repor°t from Chief of Pol~ce Richardson outlin~ng the need for bicycle registrat~on and regulat.~ons had been recea.ved and discussed at the last regular meet~ng and °that a new repor°t had been subm~.t°ted reques-t~ng °that December lsts 1968 be the effec°tive date of the bicycle ord~nanc~, and sta°ting °~hat other Ci°ties charged $1.00 for a permanen°t 1~cense and °the °total es°tima°ted cost of °the proposed program for Arroyo Grande would be approximately $425s00. After Council discuss~.on, a mo°t.~~z~ was made by Councilman LevineB seconded by Councilman Schlegel, that ~~°ty At°torney Shipsey be ~nstructed to prepare an Ord~nance for the licens~ng of bicycles with a fee of $1e00 to be a one t~me charge for °th.is non exp~rable l~cense. °The forego~.ng motion was carried on °the following roll call vote: AYES: Counc~lmen Levine, Schlegel and Mayor Pro °Tem T°hompsona NOES: Councilman Smi°th. ABSENT': Mayor Wood. MUNICIPAL CODE AIuI€~NIEN°~ ~'TR~~N'SIEN~° O~CUPANCY °TAX - ADOP°TION G~°ty At°torney Shipsey read °the °title of ari O~d~nance amending the Muriic~.pal Code relat~ng to trcy.ns~ent occupancy tax, thereaf°ter a motion was made by Councilman Lev~ne, seconded by Councilman Smi°th, and unani- mously carried, °to dispense w.~th reading °the balance of tha.s ordinance. ORDINANCE NOe 22 C.S. AN `aRD~TrTANCE OF THE CT'TY OF' P,RROYO GRANDE AMENDING ~HAP`~R 3, °T'~Z'LE '3 , AR°TICLE 3, OF THE ARROYO GRANDE ~ MUNICIPAT, '~ODE R~LAT°ING TO °TRANSIEN°T OCCUPANGY TAX On motion of Counc~lman Lev~ne~ seconded by Counc~.lman Smith and on the fo1'lowing . roll call vote, to w~°t c AYES; Councilmen Lev~nea Sclzlegel, Sm~.°th and Mayor Pro °Tem T'hompson . NOES: None. ABSEN'T : ~ Mayor Wood the foregoing Ord~nance was passed and adopted th~s 24°th day of September, ~ 1968. REQUEST O~" LEAU~ `O~'"" ~AL-~~RNTA CTT'T~"S RE: CT°I'Y "KEPRE~EN°T. °TO GDNFERENCE Mayor Pro 'Tem T'~ompson appo~nted Counci'lman' Schlegel as the vot~ng representa°tive, and Cquncilman Smi°th as °the alterna°te represen°ta°tive to vote for °the City on va`r~ous ma°tters at °the Conference °to be held in Los Angeles on October 13th ~through the 16°th, as requested by the League of California Ci°ties e 7i CITY GOUNCIL SEP~EMBER 24TH, 1968 ARROYO GRANDE, CALIFORNIA PAGE 2 NOTICE FROM CHANNEL DIVe REa EXE~UTIVE COMMI~~EE AND WORKSHOP MEETINGS Administrator Butch advised~ as in~ormat~on only, tha~ a no~ice had been received from the D~recto~ o~ the Channel Div~s~on of the League of California Cities, not~ng the appo~ntmen~ the Exe~u~~ve Comm~ttee and ~ a schedule of proposed works~op meet~ngse NOTICE OF CHANNEL DIVe QUARZ'ERLY MEETING - OXNP~RD9 SEP~EMBER 27th~ 1968 Adm~nistrator Bu~ch advised as ~n~ormat~on on~ys ~hat notice had been rece~ved from the Ghannel Coun~ies D~~~s~on o~ ~he League of Cal- ifornia C~ties that ~he ~ua~terly meet~~g would be he~d ~n Oxnaxd on September 27th, 1968, NOTICE ~F STATE DEFTaO~ Pe~o~`~ ~DVT'S~1~ ~OMMaMEETING REeSCENIG H/W SYSTEM Administra~or Butc~ advised t~a~ no~~ce ~ad been rece~ved there would he a State Department o~ Pub1~c ~oxkse Advisory Comm~ttee Meet~ng, on a program to assist and advan~e t~e Scen~c H~g~way System, in San~a Barbara, on October ;17th, 1968, ~nd ~he D~~ect~~ of Publ~c Works and Planning Direc~or would attend th~s one day sess~nno QUAR°TERLY REPORT ON ~P;LES AND CI~ARET`°T'E °~AX REVENLTE Administrator Bu°tch subm~.~`ted a Progress Repo~t on Sales °Tax Revenue and Cigarette Tax Revenue, and no°~ed ~ha°t the second quar°ter of °the Sales Tax year indicated a 35% increase ~~om the cor~esponding second quarter of 1967 and a ZO'~ increase f~om °~he f~~st c~uar°ter of 1968e REQi7ES°T C'OrtJ'NC"TL T0 E~~RC~~ O~"ION ~A ~~T~1SE PROPER'I°Y A°T BRANCH & SHORT T ~ C~.ty Admin:~s°trator Bu°tch adv~sed °thdt the option on the lease wi°th Mr, De W, Gr~.singhe~ for the prop~r~y l~ca°ted at 200 Branch S°t~eet should now be exercised as mon~es ~or ~his purpose ~s ~ncluded in °the 1968-69 Budge°ts After Counc~.l discuss~on, on mot~on of Gounc~.lman Schlegel, seconded by Councilman Smi°th~ and unan~mously carr~edo C~°ty Attorney _ _ Sh~psey was a~ns°truc°ted ~to prepa~e the necessa~y documents for °the Ci°ty °to acqu~re ti°tle °to the proper°ty loca°ked a~t 200 E. Branch Street. RENEWAL OF ANNUAL L£ASE FOR 16 ACRES OF' CI°TY PROPERTY A°T ELM STo-HIYAMA - Adminis°trator Bu°tch repor°ted °~hat Mro Y, H~yama has requested that he be able to continue h~s lease vu~°th °khe C~°ty °to continue to grow straw- berries on the 16 acres o~ Ci°ty owned ~sxnd adjacent to Elm St. After Counc~l d~scuss~.on, a mo°t~on w~.s made by Councilma.n Sm~°th, seconded by Councilman Levine, and unanimotasly carr~ed, ~ha°t the lease be°tween the C~.ty of Arroyo Grande and M~, Y. H~yama ~or approxima°tely 16 acres of City owned proper°ty ad~acent to Elm S°treet be renewed ~or t~e full year of 1968-69 and that the Mayor Pro `Tem and C~°ty Clerk be au°thorized °to execute sa~d lease on behal~ o£ °the Ci°ty> APPOINT. OF° ALTERNAT'E REPRESEN~TA°TIVE ~'0 ECONOMIC OPPORT°CTNITY COMM. Administrator Bu°tch adv~sed ~hat Mro C}~ar~es Bowles, °the Ci°ty° s representative °to the Econom~c Oppor~tun~ty Comm~ssion has requested the Counc.~l to appoint an al°terna°te represen°ta°t~ve as required by °the E.O,C. and ~n case Mro Bowles wo~ld be unable °to a~°tend, A~ter Council dis- cussion, dn motion of Cc~unc~lman Lev~.ne, seconded by Gouncilman Smi~th, and unanimously carr~ed, M~. ~Thomas T'a~ber°t was appointed °to serve as the Ci°tyas Alternate Representative to ~the Economic Oppor°tunity Commission, REPOR°T ON THE RECENT° OPEN SPACE ADVISORY COMMI°IgTEE MEETING Adminis°trator Bu°tch reported on ~the f~na1 mee~ta.ng o~ the Open Space Advisory Comm~t°tes and adv~sed ~tha~t °~he Commi°t°tee had ~ecommended °to the County Board of Supervisors tha°~ °the open space c~ncep°t of preserving prime agra.culture lands should be ~mplemen°ted ~n San Lu~s Obispo Gounty. PUBLIC HEARING ~ PROPOSED ZOIVING ORDINAIVGE AND M1~P Mayor Pro °Tem °Thompson br~efly ~eviewed °that °t~ae proposed Zon~.ng Ordinance and Map had been recommended fo~ adop°~~~n by the Arroyo Grande Planning Commiss~on and °tha°t °the C~,ty Counc~.l had studied and rev~ewed the proposal, Upon being assured by °the C~.°~y Clerk tha.°t all requ~rements as provided by law had beex~ done' Mayor Pro °Tem 'I`h~mpson decla•red the hearing now open and all pe~sons ~o~ o~ aga~.ns~ t~e proposed Zon~ng Ord~.- nance and Map would now be hea~do Administ~a~tor Bu~ch adv~sed °~ha°t seven letters had been •rece;~ved from res~de~ts o~ Wes°t Branch S°tree°t and Wesley Ave, requesting H-S 2oning of °~he~~ a~ea~ °that a petition had been received from res~dents of L~.nda D~~ve p~o°testing P-M Zon~ng and reques°t~ng resi- dential zoning ~n ~h~i~ area, t}~a°t a le~ter }~ad been received from Mrs. 7~ CITY COUNCIL SEFmEMBER 24TH, 1968 ARROYO GRANDE, CALIFORNIA PAGE 3 Margaret Clark Kerner of 305 A1der Street requestfng R-G 2oning, as pro- posed for her property, be adopted, and that a letter had been received from Martin Polin requesting his property adjacent to the Frontage Road be zoned R-1. Fred Marks, 1198 L~nda Drive; Richard Coffey, 1110 Linda Drive; Mrse A, W. Green, 1151 Linda Dr~ve; were present and spoke in protest o~ the proposed P-M Zoning on a port~on of Linda Drive and request~ng that the present R-1 Zoning remain or R-2 Zoning being allowed on this property, Lorraine Ladley, 1130 Linda Drive, protested any change from the present R-1 Zoning on Linda Drive, W, B, Smith, 1030 Ash Street; Edwin Taylor, 1029 Ash Street; and Lesl~e Ringo, 379 Pecan Place protested the proposed R-G Zoning between Elm Street and Alder Street, Martin Polin, 1026 Chorro Street, San Luis Obispo, owner of Block 13 of Western Addition requested this property be zoned R-1 instead of the propased F-S Zoning, Edwin Taylor, co-owner of Certified Trucking Company, Pearl Cole, 137 W. Branch Street; and Mrs. Arthur Garey, 124 W. Branch Street re- quested H-S Zoning instead of the proposed F-S Zoning, on properties owned by them on bo~h s~des of West Branch Streete Mrs. Arthur Garey requested that the provisions allowing tire re- capping by use permit procedure be"deleted from the H-S Zoning and that Churches be allowed in the H-S Zoning without the use permit proceduree Mrs. Naomi Keesaman, owner of a parcel of property on the north side of West Branch Street adjacent to the Central Business District requested that her property be included within the C,B.D. There being no further discussion for or against the proposed Zoning Ordinance and Map, Mayor Pro Tem Thompson declared the hearing closede After Council d~scussion, the following action was taken: On motion of Councilman Schlegel, seconded by Councilman Smith, and , unanimously carried, that the proposed Zoning Map be amended to designate H-S Zoning on that property now proposed F-S Zoning north of Traffic Way;; adjacent to the Central Bus~ness District, excluding that parcel.owned by Mrs. Naomi Keesaman, On motion of Councilman Sm~~h, seconded by Councilman Schlegel, and unanimously carr~ed, °that °the proposed Zoning Map be amended to designate Central Business Dis°trict Zoning on the parcel of property on the north' - side of Wes°t Branch S~tree°t west o~ and adjacent to the existing C,BeD, owned by Mrs, Naomi Keesaman, On motion of Counc~.lman Sm~°th, seconded by Councilman Levine; and unanimously carried, tha°t the proposed Zoning Map be amended to designate R-2 Zoning on that property adjacent to the southerly side of Linda Drive extend~ng approxima°tely 313a32 £ee°t southeasterly from the intersection : of the southerly l~.ne of Linda Drive and Brisco Road, said parcel being approxima°tely CO feet deep., A motion was made by Councilman Levine, seconded by Councilman Schlegel, tha°t Block 13 of Western Addition remain F-S as proposed, On the following roll call vo°te, AYES: Councilmen Levine and Schlegel, NOES: Councilman Smi°th and Mayor Pro Tem Thompson, ABSENT: Mayor Wood, the foregoing motion did not carry due to a tie vote and it was agreed this matter be °taken up at the nex°t regular meeting when all Council members would be presente On mo°tion of Gouncilman Schlegel, seconded by Councilman Smith, and unanimously carr~.ed, °that the proposed Zoning Map be amended to designate R-1 Zoning in tha°t area bounded by Alder Street, Elm Street, Fair Oaks Ave. and Maple Street °that was proposed R-G Zoning, After Council discussion, it was agreed that the provisions allowing tire recapping by use permit procedure in H-S Zoning and use permit pro- cedure be requ~.red for Churches in H-S Zoning remain as stated in the pro- posed Zoning Ordinance, ~ u~~.~ - CITY COUNCIL SEP~EMBER 24'TH, 1968 ARROYO GRANDE, CALIFORNIA PAGE 4 On motion of Gounc~lman Sm~~~, seconded by Councilman Schlegel, and unanimously carr~ed, tha~ ~he p~oposed Zon~ng O~dinance and Mnp, be accep~ed as ~ecommended by the A~~oyo G~~nde Plann~ng Comm~ssion, except for the ~oregoing agreed upon changes, suc~ changes to be forwarded to the Plann~ng Comm~ss~on for ~he~r revie~ and report' excepting the one item of zoning not ~~nal~zed by the ~ouncil to be ~o~warded afte~ Gounc~l f inal act~ono Administrator B~tc~ ~dv~sed B~11 S~~~h, Edw~n ~aylor and Mrs, A~thur Garey that they wo~ld be no~~~~ed w~en the Plann~ng Comm~ss~on takes the recommended changes under cons~de~a~~ono APPFAL OF USE PERMI~ GASE NO~ 68~13~ - JONES AMBUI~ANCE SERVICE (FLOCK) Adm~n~strator Butch adv~sed9 as ~n~orma~ion onlys that David E, Flock (Jones Ambulance Serv~ce) had appealed t~e dec~s~on o~ the Arroyo Grande Planning Commiss~on with respe~t to Use Perm~t Case Noe 68-131, and ~hat a publ~c ~ea~~ng had bee~ se~ ~or ~he appeal on the 8th day of October, 1968, at the hour o~ 8000 PoMo RECEIVE PLANN, COMMa RECOMMENDA~TON RE: FAIR OA~S PLAN LINE Mayor Pro Tem Thompson excused Counc~lman Schlegel from the meet~ng, at h~s own request~ due to a po~s~b~e con~l~ct o.f ~nteresto Adm~n~strator Butch advised ~ha~ ~he Plann~ng Gommiss~on has recom- mended an adopt~on o~ the ~air Oaks Ex~ens~on Plan, and the route a~proved by the Commiss~on was ~~e ~ou~e s~gges~ed by ~he G~ieb ~am~ly who have made o~fers of certa~n lands th~ou~~ a po~~~on o~ ~~e~r property for this proposed roado A~ter Counc~l d~scuss~on, on motion o~ Counc~lman Levine, seconded by Counc~lman Sm~th, and ~~~n~m~usly car~ied, that a publ~c hear- ing be se~ on the Cityas in~ent~on ~o es~~bl~sh Fa~r Oaks Avea Plan L~ne, at 8:00 PmM~, October 22nd, 19~8~ COUNCTLMAN SCHLEGEL IS NOW PRESEN~o REPORT ON URBAN RESERVE LINE ES~ABLISHED BY SLO COUNTY PLANNING COMMISSION Adm~n~stra~o~ Bu~ch reviewed tha~ ~he Counc~l requested that a letter be sen~ to the Coun~y Plann~ng Commission encourag~ng ~he Urban Reserve Line for the Ar~oyo Grande area ~o be ~ncluded ~n the proposed 1968-69 planning projects of San Lu~s Ob~spo County, as recommended by the City Planning Comm~ss~on and repor~ed t~at not~ce had been received that this matter has been ~ncluded ~n ~h~s yea~BS del~be~a~~onso PROGRESS REPORT REe PURCHASE OF OCEANO WA~ER COa BY COUNTY SERVICE DISTa Administrato~ Butch advised ~~e Counc~l ~hat there have been no new developments to ~eport at this ~~me regard~ng the purchase of the Oceano Water Co. by the Coun~y Serv~ce D~stricto FURTHER DISCUSSION REo PROPO5ED AMENDMENTS TO LOPEZ CONTRACT " Administrator Bu~ch adv~sed ~~e Council ~~at there have been no new developments to ~epox~ a~ th~s ~ime rega~d~ng ~he proposed amendments to the Lopez Con~racte PROGRESS REPORT - LOPEZ WATER SUPPLY A progress repo~t for ~he mon~h af August' 1968~ was received from the San Luis Ob~spo County Flood Con~rol and Water Conservation District and was reviewed and ~rdered f~lede REPORT ON ZONE 3 ADVTSORY COMMI~~EE MEE~ING (AUGUS~, 1968) Councilman Lev~ne repo~~ed ~ha~ ~he Zone 3 Adv~sory Committee had reviewed the costs o~ road cons~ruc~~on in conjunction with the Lopez Dam at their mee~~ng ~n Augus~, 1968a REQUEST FOR GRAN~ OF EASEMEN~ REm LOPE~ PROJEC~ DISTRIBUTION SYSTEM Mayor Pro ~em Thompson ~ead ~~e s~a~f ~epo~t wh~ch stated that the County Flood ~on~~~l D~str~ct has ~egues~ed ~~at ~he City grant them an easement ~or ~he pu~pose o~ ~.ns~a'11~ng, mainta.~n~ng and operating a water d~stribution p~pe l~ne~ whi~h ~s ~he Lope~ Project Distribution System, through t~e City o~ A~royo G~andea M~a Van Nenman, of the County Flood Cont~ol D,~stxic~ was p~esen~ and adv~sed ~he ~equi~emen~s o~ the City re- garding the ~~ne ~ns~al~a~~o~ would be a cons~de~a~~on of obtaining en- croachmen~ perm~ts p~ior ~o cons~ruc~~ona GI'I'Y COUNCIL SEPTEMBER 24TH, 1968 ARROYO GRANDE, CALIF"URNIP, PAGE 5 On mo°tion of Councilman Sm~th, seconded by Gounc~.~man Levine, and unan~mously carried, the Mo,yor Pro °Tem and Ca.ty Gle~k we~e au°thor~.zed to execu°te °the Gran°t of Easement from the GIT'Y O~ ARROYO GRAIVDE °to °the SAN LUIS OBISPO COUNTY FLOOD CON'TROL AND WA°TER CONSERVATION DISTRIC°Te PROGRESS REPOR°T - SOU°TH SLO COiJN°I°Y SANI°TA'TION DISZ'RIG`T Administrator Bu°tch adv~sed °t}aere were no new developments °to be re- ported a°t °this time regarding °the South San Lu~s Ob~spo County San~~tat~on Distric°t, AUDIT FOR FISCAL YEAR ENDED ,JUI~IE 30, 1968 - DIEHLa EVANS AND COMPANY Councilman Smith reported tha°t he had rece~ved and rev~ewed his copy of the audi°t for fiscal year ended June 30, 1968, prepccred by °the indepen~ dent auditoring firm of D~ehl, Evans and Companyo ARGUMENT IN F'AVOR OF° AMENDING REF°LTSE COLLEC°TION ORDINANGE ~ Ci°ty Attorney Shipsey read an Argument ~.n Favor of Arroyo Grande Garbage Ordinance Amendment wh~ch he had prepared at °the Council~s request, After Council discussion, i°t was agreed °tha°t all members of the Council ~ would s~gn this argument, which would be included with the sample ballots for °the November 5th, 1968 elec°tiono LOPEZ WA°TER CON°TRACT RE : INCOME 'TAX DEDUC°TION Administra'°tor Bu°tch repor°ted °~hat he had rece~ved a le°t°ter from Mr. Les°ter Wa U°t°ter of the In°ternal Revenue Service adv~sing °that ia.nless each of the City taxpayers is able °to sk~ow what port~on of the wa°ter charges paid by h~m are alloca°ted ~to ~n°teres°t, to operat~.on~ to maintenance, and °to replacement, no par°t o~ t]~e charges will be deduc°t~blea After Council d~scuss~on, the Ca.°ty Adm~n~.s°tra°tor tivas ~nst~uc°ted °to wr~te to Mr o U°tter ~nquiring if a let°ter were subm~°tted by °tthe Co~znty Auditor each year to °the City designa°ting the portions of °~he con°tract payments which were applicable °to ~nteres°t, operat~on ma~n°tenance and replacemen°t, ~f this would mee°t °the requiremen°ts of °the Internal Revenue Code, allowing this deduc°t~on, APPROVAL °TO USE CALIF, I~AW ENFORCEMENT 'TELECOMMUNICATION SYSTEM Adm~nistra°tor Butch repor°ted tha°t °the Chief of Police and himself had attended a meeting at which a~aster, more expedien°t me°thod of direc°t communication with o°ther agenc~es could be es°tablished, by use of the T'elecommunication System instead of °the teletype now being useda Af°ter Counc~l discussion, on mo°t~on of Counc~lman Smith, seconded by Counc~lman Schlegel, ~.nd unanimously ca~~~.ed, i°t was approved and author- ized tha°t °the °tele°type sys°tem now being used be replaced by °the Californin Law En~orcemen°t T'elecommunicat~on Systema RECEIPT' OF QUAR°TERLY NEWSLE°T'TER OF CI°I'Y OF° ARROYO GRANDE Adm~nis°tra°tor Bu°tch d~.stributed cop~es of °the Quarterly Newsletter of °the Ci°ty of Ar•royo Grande, GOMMI°T°TEE REPOR'T ON PROPOSED COMMtJNI°TY BUILDING Councilman Smith repor°ted that °the Comm~°t°tee for °the proposed Com- muni°ty Building had me°t and the needs o~ °the communi°ty were reviewed and discussed as to wha°t would be des~rable in such a struc°ture, He also advised the nex°t mee°ting taas scheduled for Oc°tober lOth, 19680 INQUIRY REGARDING DROP BOXES AZ' CIVIC CENT'ER C~°ty Adminis°trator Butch adv~.sed Pearl Cole °that her request for the installa°tion of °the drop box at the Civic Cen°ter for °the receipt of - wa°ter payments after regular off~.ce hours ~s being considered and if feas~ble will be ~nstalledo ADJOURNMENT On mo°tion of Gounca.lman Sm~°th, seconded by CouncYlman Levine, and unan~mously carried, °the mee°t~ng was ad~ou~ned a°t 10:09 PaM, A°TTES T : TY LERK MAYOR PRO °TEM