Loading...
Minutes 1971-02-09 ~ _ • CITY COUNCIL FEBRUARY 9, 1971 ARRC?Y~ ~'.t.~A'~DE, ~F(~~?~?T The City Council met in regular session with Mayor Levine presiding. Upon roll call, Council Members Schlegel, Thocnpson, Wood and Talley reported present. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Levine lead the Pledge of Allegiance to our Fl~.g; and immediately there~.fter Reverend Richard Scharn of the Church of the Nazarene of Grover City delivered the invocation. APPROVAL OF MINUTES The minutes of the regular meeting of January 26, 1971, were approved as pr~epared. APPROVAL OF WARRANTS On motion of Councilman Schlegel, seconded by Counc~lwoman Thompson and unanimously carried, General Warrants No. 655 through N~. 693, in the total amount of $21,706.56 and Payroll Warr~.nts I~o. 1144 through No. 1197, in the total amount of $12,274.24, ~rere approved and ordered paid. NOTICE OF USE PERMIT CASE N0. 70-166 APPEAL-PLANNTNG COMMISSION APPROVED MOBILE HOME PARK - (GOULART) Administrator Butch advised that Mr. Robert Goulart, 801 Opal Drive, has ~iled an appeal to the City Council on Use Permit Case No. 70-166, whieh was approved by the Planning Commission. The Public Hearing is set for 8:00 P.M., February 23, 1971. CORRESP. FROM TRACY RE: COUNCIL SUPPORT THE PRESIDENTS' GUIDANCE LETTER Mayor Levine reviewed the correspondence received from the City of Tracy, requesting this Council's support of "The Presidents' Guidance Letter" which is pr~posed for distribution to all elementary schools in the United States. After Council discussion, it was agreed no action.be taken on this matter ` at thi~ time. ORAL REPORT ON OFFICE OF ECONOMIC OPPOR. - BY COUNCIL REPRES. JAMES THOMPSON James Thompson, Council representative to the Office of Economic Oppor- tunity, was present and gave an oral report on the recent meetings of this Office, stating that the Regional Office of Economic Opportunity has again funded this Office in San Luis Obispo County for its fiscal year commencing Apri1 1, 1971; and that programs for better budgetary control have been in- stituted at the local levelo DEPARTMENTAL REPORT FOR THE MONTH OF JAI~UARY, 1971 The Departmental Report for the month of January, 1971, was received by the Coun.~il, reviewed and ordered filed. APPOINTMENT OF UNDERGROUND UTILITY COORDINATING COMMITTEE Discussian was held regarding the appointment of representatives to the established Underground Utility Coordinating Committee. Mayor Levine recom- rciended9 and the Council agreed, that letters be forwarded to the Pacific Gas and Electric Co., Southern California Gas Company and Central California Communications Corporation, requesting each company appoint a representative to this committee. Mayor Levine recommended that Dr. Pence and Mr. Curzan, iacal businessmen, and the City's Director of Public Works and Planning Director, be appointed to this committee. After Council discussion, on motion of C~uncilman Talley, seconded by Councilman Wood and unanimously car- ried, J. 0. Pence, 134 E. Branch St.; Don Curzon, 123 E. Branch St.; J. E. Anderson, Jr., Director of Public Works; and Robert C. Gallop, Planning Director, were appointed to serve on the Underground Utility Coordinating Committee. MUNTCIPAL CODE AMENDMENT: WATER & LOPEZ CONTRACT RATE CHANGES-MOBILE HOME PARKS-ORDINANCE ADOPTION City Attorney Shipsey read an ordinance increasing certain Water and Lopez Contract rates for services to Mobile Home Parks, thereafter, a motion was made by Councilman Schlegel, seconded by Councilman Talley and unani- mously carried, to dispense with reading the balance of this ordinance. ORDINANCE N0. 41 C.Se AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING SECTION 6-7.01 (c), AND (g) OF THE NNNICIPAL CODE AND ADDING (i) THERETO TO PROVIDE CHANGES I.N THE WATER SERVICE CHARGES AND THE LOPEZ WATE~.~~NTRACT CHARGES, _ . ~ . _ _ _ 365 CITY COUNCIL FEBRUARY 9, 1971 AF'ct°2C~Y°l3 ~i2A;:~DE, :~~;i,~~i~L~'~il.`. FAGE ~ On motion of Councilwoman Thompson, seconded by Councilman Wood and on. the following roll call vote, to wit: AYES: Council M~mbers Schlegel, Thompson, Wood, Ta11ey and Mayor Levine. I~TOES : Non.e o ABSENT: None. the foregoing ordinance was passed and adopted this 9th day of February, 1971, MUNICIPAL CODE AMENDMENT: SEWER MAINTENANCE RATE CHANGES-MOBILE HOME PARKS-ORDINANCE ADOPTION City Attorney Shipsey read an ordinance increasing certain Sewer Main- tenance rates for service to Mobile Home Parks, thereafter, a motion was made by Council~nan Schlegel, seconded by Councilwoman Thompson and unanimously carried, to dispense with reading the balance of this ordinanceo ORDINANCE N0. 42 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING ~ CHAPTER 6 OF TITLE 6 OF THE ARROYO GRANDE MIJNICIPAL CODE BY AMENDING SECTION 6-6,201 AND 6-6.202 RELATING TO SEWER SERVICE CHARGES. On motion of Councilman Wood, seconded by Councilman Talley, and on the following roll call vote, to wit: AYES: Council Members Schlegel, Thompson, Wood, Talley and Mayor . Levine. NOES: None, ABSENT: None. the foregoing ordinance was passed and adopted this 9th day of February, 1971. MUNICIPAL CODE AMENDMENTc REZONING CASE N0, 70-41-ADJaTp MYRTI:,E,CHERRY,GARDEN STS. R-A-J3-3 ~O R-1 (W~OD) City Attorney Shipsey read the title of an ordinance rezoning approxi- mately five plus acres of property adjacent to Myrtle Street, Garden Street and Cherx°y Avenue, from R-A-B-3 to R-l, thereafter a motion was made by Councilman Schlegel, seconded by Councilwoman Thompson and unanimously car- ried9 to dispense with reading the balance of this ordinance. ORDINANCE N0. 43 C.S. { , AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING A PORTION OF THE ZONING MAP OF THE CITY OF ARROYO GRANDE REFERRED TO IN SECTION .302 OF TITLE 9 CHAPTER 4 OF THE MUNICIPAL CODE SO AS TO RE-ZONE CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE. On motion of Councilman Talley, seconded by Councilwoman Thompson, and on the following roll call vote, to wit: AYES: Council Members Schlegel, Thompson, Talley and Mayor Levine, NOES: None. ABSENT: Nonee ABSTAIN: Councilman Wood. the foregoing ordinance was passed and adopted this 9th day of February, 1971. MUNICIPAL CODE AMENDMENT: REZONING CASE NOo 70-42 m ADJ. TO HALCYON ROAD R-A-B-3 TO R°1 (GRIEB) City Attorney Shipsey read the title of an ordinance rezoning approxi- mately three acres of property adjacent to Halcyon Road, from R-A-B.-3 to R-1, thereafter a motion was made by Councilman Schlegel, se~onded by Council- woman Thompson and unan~mously carried, to dispense with reading:the balance of this ordinanceo ORDINANCE N0. 44 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMEND3NG A PORTION OF THE ~ONING MAP_OF :THE GI1'TI OF ARROYO GRANDE REFERRED TO IN SEC~'ION ,302 OF TITL~ 3, CHAPTER 4 OF THE MUNICIFAL CQD~ SO A5 TO RE-ZONE CER=TAIN PROPERTY IN THE CITY ~F ARRQYQ GRAN~~3 ~ CITY COLTNCIL FEBRUARY 9, 1971 ~n~ ~ 0 ~~fiA~~ DE , ~ : ~ .b<I E'~ FAGE ~ On motion of Gouncilman Talley, seconded l~y Counci?man W~od and on the following ro11 call vote, to wita AYES: Council Members Schlegel, Thompson, Wood, Talle~ and Mayor L~vine. NOES~ None9 ABSENT> I~Tone. the foregoing ordinance was passed and adoptea this 9th day of February, 1971. DISCUSSION-PROPOSED REGULATION 1- SLO COUNTY AIR POLI~lUTION CONTROL DISTRICT. Administrator Butch reported that copies of the hearing draft of Regulation 1, Air Pollution Control 1Zules and Regulations of the Air Pollution Control Distri~t of San. Luis Obispo Caunty, have been reviewed and concern has been e~pressed regarding the effective date banning incinerator l~urning; disposal of material that can no lon~er be burned; development of addit~onal landfill sites; enforcement of this r~~ulation; and what method of financing will be used, Mr. James Gates, Sanitarian, and Mr. Burt Townsend, r~presentatives from the County Health Department~ were present and orally reviewed the pro- posed Regulation l, stating that if the Gounty Board of Supervisors adopt Regulation 1, it is anticipated all outdoor burning within the County of San Luis Obispo will be banned by April 1 of this year, except in cases wr.ere authorization has been granted to allow specific burns; and that the matter of accumulation of debris will be each areas concern as no additional land fzll sites a~°e planned or proposed; and that the initial cost of the program of enforcement and regulating the program will be met by a one cent tax levy plus a federal grant; and that questions regarc3ing Regulation l, can be brought up to the Board of Supervisors at the public hearing regarding this matter, which will be publicized when set. DISCUSSION & DENIAL OF VARIANCE CASE N0.70-45 (MORTUARY AT BENNETT & BELL STS,) Adrninistrator Butch reviewed that during the Council's discussion after the public hearing was closed, on January 26, 1971, in the matter of appeal l~y Lucille Lor of the Planning Commission's approval of Variance Case No, 70-45, to allow the operations of a mc~rtuary upon property located at the northwesterly corner of Bennett Avenue and Be11 Street, it was determined additional informatfon would be necessary prior to the Council acting on this matter. It has been determined that the fixed seating capacity will not exceed 90 seats, therefore the required parking would be twenty-seven spaces and the maximum parking spaces which can be made available are twenty-five. City Attorney Shipsey advised that according to the zoning chapter of the Municfpal Code, variances can only be granted if the request for same does not constitute a grant of special privilege inconsistent with the limitations upon other properties within the same vicinity and district and that because of speiial circumstances applicable tc~ subject property, including size, shape, topography, location or surroundings, it is found that subject property . bs deprived of privileges enjoyed by other properties in the vicinity and under the identical zone classification. Administrator Butch advised that no statements outlining applicants reasons for variance approval due to un- necessary hardship have been filed. The Council discussed and agreed that thzs application for a variance does not meet the strict application of the zoning provisions of the Municipal Code under which variances may be'allowed. On motion of Councilman Talley, seconded by Councilman Schlegel and unani- mously c;arriede the appeal for denial of Variance Case Noo 70-45, to allow the operations of a mortuary at the northwesterly corner of Bennett and Bell Streets, filed by Lucille Lor, 612 Bennett Avenue, was upheld; and the decision of the Planning Commission to grant the variance was denied. MAYOR LEVINE DECLARED A RECESS AT 8e57 P,Mm THE COUNCIL RECONVENED AT 9:01 P~M. WITH ALL MEMBERS BEING PRESENT AS SHOWN ON ROLL CALL~ RECFIPT OF MINUTES OF THE PARKING AND BUSa IMPROV. AREA ADVIS.BD,MEET~ 1-19-71e ~opies of the minutes of the Parking and Business Improvement Area Ad- visory Board meeting of January 19, 1971, were received by the Council, re- viewed and ordered filed. REC~IPT OF 1-4-71 MINUTES AND NOTICE OF MID-WINTER SEMINAR 2-20-71,COASTAL VALLEY PLI~NNING COUNCIL. The minutes of the Coastal Va1i~y Planning Counczl meeting of January 4, 1971, were received by the Council and ordered filed, Notice of the Mid~ G3ir~~er Seminar of the Coastal Valley Planning C~un~a.3. has been received. The meeting is scheduled for February 20, 197I and wi~~. be held in the Council Ghambers of the Gra~,7~r City ~fty Hal1 anct the ta~~r. of discussion will be Mc~h;, ~ ~ Pa~-kG . 3~'7`7 CITY COi3NCIL FEBRUARY 9, 1971 t°~ttiZiiYl~ i7Ft~Nl)E, i..rsa~ii:'~i~ad:.; i~E1U'E 4~ WOOD LOT SPLIT REQUIREMENT PROPERTY DEDICATION ° GARBEN STLtEET Administrator Butch re~riewed that in conjunction fox° approval of L~t Split Case No. 70-118 on G~.rden Street, requested by Addiso~. B. Wood~ he is requix°ed to dedicate to the City a portion of his land fc~~° road purpose~, After Coun~~l d~~cus~ion., on mvtic~n of Councilwoman Thompso~, s~~onded by Couxa~ilman Schlegel, and carried, the Grant Deed fr~m Addison Ba Wo~d and Billie M. W~ad, for the dedi~ation o~ a portion of Lot 41 of S'teele ° s' I~~~ait~da.vision of gart of ~he Ran~hc~ Corral de Piedra, Pismo and Bolsa de Chemisal, far future road pu~°~ p~~~~ adjacent to Garden StreEt, was accepted and the M~:yor and C~ty Clerk were ~uthorized to sign the Certificate of Acceptance o~a b~half of th~ Citya PLAI~NIIVG COMM. RECOMM. RE: PROPOSED ANNEXa HALCYON ROAD I~Oo 2(GRIEB) Administrator Butch reported that at the Plarcning C~mmissi~n meeting of Fe~ruary 29 1971, the request of Lofs Buchen Grieb, Traxstee, that approxi~ ~~.te1y ~.0 acr~s of property within the Grieb Estate be a~ne~ed to the City of Arr~aqo Grande, located on South Halcyan Road, lying between Hal~yon Road No. 1 a~.rcex~d property to the C::..ty and Tract N~. 131, was r~viewed and discussed by the Commission and that it has recommended that this property be annexed to the City. After Council dis~ussir~n, City Attorney Shipsey read the title of a resolution authorizing application to the Loca1 Agerncy Formation Commission r~lative to annexing territory to the City, thereaf~er a motion was made by Cc~~neilrna~ Sehleg~l, seeanded by Cc~uncilwoman Thompsc~n and unanimously earried, t:~ dispense zaith reading the b~.lance af this resolutic~n. RESOLUTION NOa 925 A RESOLUTION AUTHORIZING APPLICATIOI~T BY THE CITY OF ARROYO GRANDE TO THE SAN LUIS OBISPO COUNTY. LOCAL AGENGY FORMATION COMMISSION RELATIVE TO A PROPOSAL TO ANNEX TERRITORY TO THE CITY OF ARROYO GRANDE. On mcatic~n of C~uncilman Wood, seconded by Councilman Talley and on the fc~lc~ai~g roll call vote, to wit: AY~S: Coun~il Members Schlegel, Thompson, Wood, Talley and Mayor Levine. I~TOES: None. ABSENT: None. ti~e far~going resolutfon was passed and adopted this 9th day of February, 1971. REPOIZ.T OI~ LOT SPLIT PROCEDURES FOR CITY OF ARROYO GRANDE BOOKLET , Adzninistrator Butch reviewed a report, dated January 26, 1971, prepared by Planning Director Gall~p on Lot Split Procedures and advised that after the C~u~.cil ha~ reviewed this rep9rt and made suggestimns for additions or deletiarc~, this information will be compiled into booklet form fo~° distribut- io~ to pe~°so~s interested in the City's lot split requirementso RESOLUTIQ~1 ADOPTION 0~' UPWARD AND DOWNWARD DRIVEWAY CONSTRUCTION STANDARDS ~ Gity Attorney Shipse~ read the title of a resoluti~n adopfiing upward and dcswnward driveway cc~nstructi~n standards for the City of Arroyo Grande,~-there- aft~r ~ m~tion was m~.de by Councilman Schlegel, seconded by Cov.ncilwoinan Thampson and un~.nimausly carried, to dispense with reading the balance of this r~sclutic~ne RESOLUTION N0. 926 A RESOLUTION OF THF CITY COUNCIL OF THE C:CTY OF ARROYO GRANDE ESTAI4LISHING CONSTRUCTION STAIVDARDS FOR UPWARD AND DOWNWARD DRIVEWAYS A1VD REPEALING RESOLtTTION N0, 5$l. On motion of Coun~ilman Talley, seconded by Coux~cilman Wood an.d ~ar~ the followixig ro11 ~all vote, to wit: AYESa Council Members Schlegel, Thompsc~n, Tal7.ey a~d Mayor I,evine. NOES: Councilman Won~i. ABSENT: Nonee the faregoing resolution was passed and adopted tF~~~ 9th day of February,1971. - ~ ~ ~ ' _ CITY COUNCIL FEBRUARY 9, 1971 A~RCIYCI GRt~1DE, Ut'-~i~iFvitl<;itx PAC~E ~ DISCUSSION-NEED FOR SIDEWALKS ON HALCYON RD. BETWEEN GRAND AVE. & THE PIKE Director of Public Works Anderson. reviewed a report, dated February 5, 1971, ~.nd maps prepared by the Public Works Department, on sidewalk installa~ ticsn o~ Halcyon Road9 from Grand Avenue to The Pike, whieh recommended the i~.stallation of complete concrete sidewalks between Grand Avenue and Fair Oak~ Avenue; and the installation of asphalt sidewalks on the west side of H~,1~yon Road from Tract No. 282 to Farroll Avenue an.d on the east side be- ~c,re~~ Tr~~t No. 131 and Farroll Avenue. After Council discussion, on motion Gouncilwoman Thompsone seconded by Coune~lman Wood and unanimously carried, AdminYS~rator Butch was authorized and instructed to proceed with the in.- ~tallation of concrete and asphalt sidewalks on Halcyon ltoad between Sycamore D~°ive and Grand Avenue, as outlined in Plan I and in Plan IV, in the report dated February 5, 1971, prepared by Director of Public Work~ Anderson. ' Administrator Butch was directed to contact the Lucia Mar Unified School D~striet amd request that the school consider reloc~.ting curb and gutter on 4 Halcyon R~ad9 within the Halcyon Road Plan Line, in its 1971-72 Budget pre~ paration. REQUEST FOR TRAFFIC SIGNAL LIGHTS AT PACIFIC COAST RAILWAY PLACE & CHERRY AVE. Dis~ussion was held regarding a request for traffic signal lights at the ir~tex°section of Cherry Avenue and Pacific Coast Railway Place. The Council agreed that at this time, there is not sufficient traffic to warrant traffic si~~al lights at this location. ORAL REPORT BY COUNCILMAI~3 SCHLEGEL - ZONE 3 ADVISORY COMMITTEE. Councilman 3chlegel reported that he was unable to attend the recent meeting of the Zone 3 Advisory Committee as the meeting was held January 26, 1971, whfch was the same date as the regular Council meeting, however he had met with Supervisor Mankins, Richard Drahn, Russ Taylor and Administrator B~t~h at ~n informal meeting on Friday, January 29, 1971 at which various items regarding the cost of operation and maintenance of the terminal reservoir ~.nd the capital improvements at the recreation area of Lopez Lake were dis- ~u~sed. Councilman Schlegel suggested and the Council agreed and instructed Admir~istr~tor Butch to schedule a study session for the Council and Super- visc~r Mankins. ORAL REQUEST BY JANIES R. BELLOT FOR STOP SIGNS ON BRANCH ST. AT MASON ST. James R. Bellot, 210 So, Mason St., was present and requested that the Cauncil consider the installation of stop signs on Branch St. at its i~ ter~ection with Mason Street, as the traffic on Branch Street has caused cc~n~ern for ehildren trying to cross the street at this intersection. After Co~an~il discussion, Adrninistrator Butch was instructed to write and request that the State Division of Highways consider this request, as Branch Street i~ a part of the State Highway System. ORAL REPORT-COUNTY WATER RESOURCES ADVI50RY COMMITTEE MEETING 2-3 71. Coun~ilwoman Thompson gave an oral report on the County Water Resources Adviso~ Committee meeting of February 3, 1971, and briefly reviewed that a desaltation plant has been. proposed, in conjunction with the Pacific Gas and Ele~tri~ Gompany's Diablo Canyan project, and if approved it will be partially finax~~ed with federal funds; and that discussion was held regarding the long range water supply requirements within the County of San Luis Obispo; and that the City's long range needs will have to be projected and a report submitted to this committee by 1972. PROGR~SS REPORT - ARROYO GRANDE SEWER ASSESSMENT DISTRICT. Administrator Butch ~.dvised that there were no new developments to re- port at this time. PRO~RESS REPORT - SOUTH SAN LUIS OBISPO SANITATION DISTRICT. C~pies of the Chief Plant Operator's Report for the Month of January, 1971, and the Six Month Financial Report for the District were received by the ~ouncil, reviewed and ordered filed, DISCUSSION - WIDENING OF CHERRY AVE, TO ALLOW FOR TWO WAY TRAFFIC. Cvun~ilman Wood requested that a study again be made on Cherry Avenue ~or ~onsideration to widen Cherry Avenue to allow for two way traffie. After Council discussion, Administrator Butch was instructed to update prior re- ports or~ the feasibility of widening Cherry Avenue for Council review and consideration. CITY CQUNCIL FEBRUARY 9, 1971 AK~C~1~G u~tDE, ~~Ll~°'u~i1~~i I'AGE b DIS~USSION°ESTt~BLISHMENT OF A GREEIV BELT BY THE CITY-AGI~~CULTURAL AREA„ WITHII~T CITY. C~un~ilanan Talley proposed that the Gity establish a green belt within the agricultural areas within the City, containing some f.orm of property,tax relief, in an effort to preserve the rural atmosphere of the City. After C~uxlcil discussian, Administrator Butch was instructed to ~~vestigate this p~z~sibility and report back to the Council. ADJOURIVME~TT On motioxa of Councilman Wood, seconded by Councilman Talley and unania rnously carried, the meeting adjourned at 10;25 P.M. ~ ATTE S T : o--l-G' ~ ~"`Y' - . c~ t Y CLERK ML~YOR ~ - _