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Minutes 1971-02-23 CITY COUNCIL ~ FEBRUARY 23, 1971 ARR`~`'J ~ u~DE, ('".TFTF~R.?~T?~, The City Council met in regular session with Mayor Tevin.e presiding, Upon roll ~a11, Council Members Schlegel, Thompson, Wood and Ta.lley reported present. PLEDGE OF ALLEGIAI~TCE AND INVOCATION Mayor Levine led the Pledge of Allegiance to our Flag; and immediately there~.fter Pastor Al1en Wiegardt of the Seventh Day Adventist Church of Arro~o Graa~de delivered the invoeation. APPROVAL OF MINiJTES The minutes of the regular meetin.g of February 9, 1971, were approved as prepared. APPROVAL OF [~ARRANTS ~ On motion of Councilman Schlegel, seconded by Councilwoman Thompson and unanimously carried, General Warrants No. 694 through ~To. 724, in the total amount of $22,063.51; Payroll Warrants No. 1198 through No. 1273, in the total amount of $14,150.35; and Trust and Agency Warrants No. 1344 through No. 1370, in the total amount of $424.54, were approved and ordered paid. LETTERS FROM SENATOR GRUNSKY AND ASSEMBLXMAN MACGILLIVRAY RE: SAFETY FLARES, ~ TAX RELIEF AND SAND DUNES ACQUISITION BY STATE. Administrator Butch reported that letters have been received from State Senator Grunsky and Assemblyman MacGillivray, acknowledging receipt of copies of resalutions from the City and e~ressed their support-and interest in legislation regarding mandatory automobile safety flares; meaningful tax re- form; and proposed purchase of additional sand dune property by the State. LETTER FROM S0. C0, SANITARY SERV. RE: DOUBLE.ASSESSMENT FOR PARKING DISTRICT Administrator Butch reported that a letter ~ias been received from Charles Cattaneo, President of the South County Sanitary ~ervice, Inc,, stating that h~ feels his company should only be obligated to pay one assessment for the Business Improvement Area, even though his company purchases a business license for the operation of the Tri-City Disposal Co. and the South County Sani,tary Service, both businesses are located within one office and are owned anpl oper- ated by one corporation, Mr. Cattaneo was present and orally expressed his objections to a double assessment. Don Curzon, representative from th,~ ~us- iness Improvement Area Gommittee, was-present and advised that the Com¢nittee had agreed that if possible, Mr. Gattaneo should be relieved of the double assessment, After Council discussion, City Attorney Shipsey was instjructed to review the Municipal Code provisions pertaining to business licensing and the business improvement area and Submit a report on his findings for Council considerat~on, LETTER FROM BEVERLY HILLS C. OF C. RE: MIN. REQ. FOR NOMINATION FOR ELEC.OFFICIALS • Aclministrator Butch reported that a letter has been received from the Beverly Hills Chant~er of Commerce, expressing its concern regarding the minimal requirements for filing ~omination papers for elective offices in general law cities and its recommendations to the State Legislators for enactment'of legis- lati~x~ which it feels wiil rectifq this situation. The Couneil discussed and agr~ed no a~tion be taken on t~iis matter at this time, . PROCLAMATION ° EAST~R SE~1L CAMPAIGN MONTH - MA~CH_1 TO APRIL 11, 1971, Mayor Levine proclaimed the period from March l to April 11, 1971, as "Easter Seal Gampaign Month" in the City of Arroyo Grande, as requested by the Eastex° Seal C~.mpaign Committee Chairman Lila H. Keiser. TREASURER'S REPORT FOR THE MONTH -0F JANUARY, 1971. The Treasurer's Report for the month of January, 1971, was received by the Council, reviewed and ordered filed, DISCUSSION ON BILLBOARDS IN VIOLATION OF MUNICI. CODE SEC.8i9,03 (f) & 9-4.2910 City Attorney Shipsey advised that he has contacted the Ryan Outdoor Advertising Cnmpany regarding the four billboards located in the City, which are in violation of the Municipal Code Sections 8~9.03 (f) and 9~4.2910, and it appears that this matter will not be resolved withflut the assistance of the Court, After Council discussion, City Attorney Shipsey was instructed to officially notify the sign company to voluntarily remove these four billboards or the violation provisions of the Mu~icipal Code will have to be enforced, as the date for conforming to the provisions of the Code is February 27, 1971. ~ _ . . . . . . . _ , C~TY COUNCIL FEBRUARY 23, 1971 q~.??s?vCJ !'~e3hTDgy l'~T:TF!?R1d,TT~. ~'AGE ~ RECEIPT OF FIRE DEPARTMEI~TT AiVNUAL REPORT ~ 1970 The Cou~acil r~ceived copies of the ~ire Department's An~.ual Report for the year 1970, which was reviewed an.d ord~red filed. The C~un~i1 discussed the years achievemen.ts with~.n the Fire ]~partment and com~ended the Firemen for their outstanding efforts. NOTICE OF ANNUAL ASILOMAR PLANNING COIVFERENCE ON FEBRUARY 27, 1971 Administ~°a:t~r Butch advised that notice h~,s been re~eived of the Ar~nual Asilomar Planning Conference, which will be held i~ Asilomar on February 27, 19710 ORAL REPORT BY COUNGILMAN TALLEY ~ CO.CITIES AREA PLANI~.COORD.COIJI~CIL MEET,2-18•71 Couneflrnan Talley reported that due to a time change h~ did not attend the Coun~y and Cities Area'Planning Coordinating Council meeti~ng of February 18th, 1971, but at this meeting the Area Council did agprove Regulation 1,Air Pollution Control Rules and Regulations of the Air Pollutfon Control District of San Luis Obispo County, and that this Regulat~on will be forwarded to the County Board of Supervisors with a recommendation that a public hearing be set on its adoption, DISCUSSION - COST IN RELATION TO FILING FEES FOR REZONIIVG APPLICATIOlVS. Administrator Buteh advised that the present legal publicatimn costs ex- ceed the filing fees paid to the City for rezoning applic~tions and therefore staff time and costs for preparing and mailing required notices is totally carried by the Gity; and requested Council direction regarding th~s matter. After Council discussion, it was agreed additional in~ormation regarding total costs in. relation to rezoning applications would be needed prior ta making a determination and instructed Administrator Butch to obtain total actual costs i~s this matter. PUBLIC IiEARII~TG ~ APPEAL OF USE PERMIT CASE N0. 70-166 (MOBILE HOME PK.) GOULART Administrator Butch reviewed the action of the Planning Commission from its minutes of January 19, 1971, at which Use Permit Case No. 70-166 was approved, Upon being assured by City Clerk Miller that all requirements provided by law, regardfng notifieation of hearing, had been complied with, Mayor Levine de- clared the hearing'open and all persons would now be heard for or against the appeal of the decision of the Planning Cmmmission relative to granting Use Permit Ca~e Noe 70~166, to allow a Mobile Home Park in an'R°3 District, lo- cated orc the southerly side of Valley Road adjacent to a C°N District, filed by Robert G~ul~rt, 801 Opal Drivea Robex°t Goulart, 801 Opal Dx°e, submitted a list containing fifteen items, prepared by Arroyo Grande Citizens Comanittee for Better Local Government, r~rhich the~ state are "Requirements that should be included and specifically stat~d in use pea°~nit", Gerald Bello, Los Berros Road, ircquired as to the effect this development would have an the ranchers in the area, as Health regulations restrict the dista~~e cattle may be allowed to graze to residential areas. The followixag;persons were present and spoke against the graxxting,of the Use Pern~it to allow a Mobile Home Park in this R°3 Districts Robert Goulart, 801 Opal Drive; Robert P~.yne, 408 Learcna Avenue; Matthew Gallagher, 520 L~a~r~a Av~nue; Be~~ard Landsman, 579 Newman Drive, George R~afra, 821 Va11ey Road; Charles Cabassi, 383 Alder St,; Clarence Li~astrum, 203 Bridge St,, speaking for the n.ew owcaers of the Davis House; Sandra Cabassi, 383 Alder St.; Kirk Gle~, 170 Waln.ut Sta; Ronald Snyder9 795 Paul Flace; Mi11ie Wo~cl, 534 Leanna Avenue; ~nd Marvin Swayn, 849 Pearl Drive, The fol.lowing persons were present and spoke in favor of t~.e granting of the Use Per~?it to allow a Mobile Home Park in this R°3 Divtrict; Victor Kliewer, applieant and developer af the proposed mobile ha~rca.e parlc and Clayton Conrow, C~?rralitos Canyon. There beircg no further discussz~n for or against the proposed Mobile Home Park, Mayor Levine declared the he~ring closed, After Cc~uncil discussion, on ~rcot.i~n af Cou~cilznan Schl~gel, secon.ded by Coun.cilman Talley and unanimously carried, Use Pe~mit Case Noe 70-166 was referred back to the Planning Com- mission for revie~r of the list-of fifteen items, submitted by the Arroyo Grande Citizens Co~nittee for Better Local Government, as this list cons~ituted pos- sible new evidence, not formerly considered by th~ ~I~.n~.ing C~~nissio~n; and upon receipt of the Planning Commissions recar~en~s'w:~on~ regard~.ng these fif- ,sa _ ~ITY COUNCIL FEBRUARY 23, 1971 ~~~~~n ~uA~DE, r~nT r~~~tt~~~ PAG~ 3 teen item~, ~Ft~ Goun.~il will m~.k~ a fi~~~ de~ision o~~ thi~ appeal at its next x°e~ular meet~n~o MAYOR LEVII~7E T~E~Lr~RED A R~(~E~S AT 9042 PoMa THE COUNCIL RECOI~tVE1~ED AT 9:50 P.M. , - WITH AZL MEMBER~ BEING PRE~EIVT AS ~HOW~T O1~ ROLL CALL, ~OA~T~?,L VAI~LEY PLAt~eCOU~CIL R~COMa MEMBER AT LARGE-O~°FICE TERM THREE YEARS Aeimf~~~tr~tor Butch advised that the Co~stal Valley Plaa~i~~~g Cou~.cil h~s ~~co~~r~ded ~nd the City P'la~anin~ Co~nissio~ has approv~~d ~s~d reconanended to th~ City Gouxacil tl~at the tex°~n of office be set for a~t~~°ee ~~ar period for the "M~mb~~ at L~~'~e" servi~~ on the Coastal Valley Pla~~i~~ C~u~~ile After Council df~~u~~i~~, ox~ tnoti~r~ of Co~n~~lman Wood, se~ox~ded. by Coura~ilwogn~n Th~mpson ~ti~d u~~r~im~u~ly carri~d, the x°ec~~nnendati~n from th~ Coa~tal Valley Planning Gmur~~il a~d the Ci~y ~lan~ir~g Co~issio~ was appr~ved, that the "Member at Larg~" te~ of offi~e o~a the C~astal Valley Plar~ning C~u~.cil, be set as a three ye~r ~ppointment. SET l~UBLIC HEARING m REZONIIVG CASE NOo 71-46 ~ 1V. ELM STo (C?ARMICHAEL) The City Coun~il ~eceiv~d a resolutfon of the City Plannircg Commission re~o~aer~dix~g the Council a~n amendment t~ the Municip?~l Code by rezon.ing a portion ~f L~t 15 of the Folsom Tract, adj~ceaat to I~orth Elm Street, from an H-S to ~r~ R°3 District, as requested by't~e ~pplicati~n submstted by Kay L. Ca~nrichael o Aft~r Cou~acil discussfom, ox~ motion of Councilman Wmod, s~conded by Council- wc~~xar~ T~~~npsox~ amd unar~i~ou~ly carried9 a public hearf~g was set for 8; 00 P,M. , M~~~~ 9, 19a1, on th~ rezor~ing appli~ati~~a submftted by Kay Le Carmichael. PLAIV~I~SG (~OMMISSIOIVT REQUEST JOINT MEETING WITH COU~CIL 3~2~71 The C~u~~il a~reed to meet in joint session a~ requested by the Planning Coman~~si~m, ~t t~e next regular meetix~g of the C~~iss~on at 8:00 PoMo, March 2, ~971, to revi~w ~ufde li~es for future rezonimg of R~A-B°1, 2, and 3 Districts. RE~EIPT OF BIDS FOR ROAD MATERIALS Admin~strat~r Butch advised that thx°ee bids were re~eived and ~pened for ~uppTyin~ Plant Mixecl Asphaltic Road Patching Material and Aggregate Base; and r~qu~stecl ~~d the Coun~il approved, that this ftetn be held over until the next regulax°ineeti~~ of the Council, to allow time for clarification and confor- matio~ of some itexns of the proposed contraet, RESOL. ESTABo LIMITED AIVD I~TO PARKII~TG ON PTNS. OF FARROLL AVE. & HALCYON RD. Admini.strator But~h advised that ~ letter has been reeeived from Charles " Ae Galbr~ith, Go~rdin~.tor ~ Maixtt~~~~ice Divi~ion of the Luci~ Mar Unified School Di~tri~t9 requesting that restricted parlcing be established on the north side of FarroYl Avexaue adja~ent to tk~e Margaret Harloe School to provide for adequate bus loadir~g and unloadi~.g ir~ this area; and that this request has bee~a r~vieured by the Ch~.ef of Police ar~d Director of Public Works and they ~eco~~rad this request be granted and in addition that a no parking zone be establisheci on the west side of Haleyon Road at its intersection with Farroll Av~~ue, to provide adequ~te visibility at this intersectione Aft~r Cou~cil disc~ssion, City Attor~ey Shipsey re~d the title of a reso~ lutio~ restricting p~rking a~d prohibiting,parking on Farroll Avenue a~ci Halcyon R~ad, ~he~~after, a moti~~ was made by Cou~~iltnan Schlegel, seconded by Courccil- w~m~.~ 'I`tlompsox~ and unaniir?~~sly carx°iec3, to dispense with readin.g the balance of this resolutiox~a RESOLUTION N0. 927 A RESOLUTIOI~T -0F THE CITY COUNCIL OF THE CITY OF AR.ROYO GRAI~IDE AUTHOR1ZIIVG ESTABLISHMENT OF NO FARKII~G ZONES Ol~ F?RROLL AVEI~TUE AND HALCYON ROAD A1VD RESTRICTTI3G PARKING O1V A PORTION OF FARROLL AVEI~UE. C~ zn~t~~~ of Coun~il~an Waod, seconded by Counci~.~~.n Schlegel and ~n the foll.owi~:g roll call vote, to wit: AY~Se Council Members Schlegel, Thompson, Wood, Talley and Mayor Levine. 1VOES: N~ne. ABSENT: N01VE the foregoirng resolution was passeci ~nd ad~pted 23rd day of February, 1971. . d _ _ CITY COUNCIL FEBI2UARY 23, 1971 A~~~~~ ^R~NDE, ~at.;'~F~R,r~~~ pAG~ 4 DISCUSSION - NEED FOR SIDEWALKS ON HALCYON RD, BE~'W'WEEN GRAND AVE. & THE PIKE Administrator Butch requested and the Corxr~cil approved that this item be held over until the next regular meeting of the Council. AUTHORIZED CONTRACT AGREE. WITH SLO COo ON CROSS°CONNECTION CONTROL PROGRAM Administrator Butch reported that a letter and contract have been r~ceived from James De Gates, Director, Division of Environmental Health, Gounty of San Luis Obispo Public Health Dep~.rtment, advising that ~ll of the large water companies within the County have acted favorably towa~°d the establfsh~ ment of the County-wide Cross-Connect~.on Control Program, and requested that the Council formally enter into a contract agreement ~aith the Co~xnty for this service, whi;ch is anticipated to commence operations by July l, 1971a After Council discussion, on motion. af Councilwoman Thompson, seconded by Couxccilman Wood and unanimously carried, tlie Mayor a~s:d City Clerk were ~.uthorized and in- structed to sign, on behalf of the ~City, the contract agreement for reimburse- men.t for operation of a cx°oss-connection inspection service in the Gounty of San Luis Obispo, between the City of Arroyo Grande and the County of San Luis Obispo. PROGRESS REPORT - ARROYO GRANDE SEWER ASSESSMENT DISTRICT Administrator Butch introduced Dick Drahn and Orville Poler from the County Engineering Department, and Harold Bear, representative from Stone and Youngberg, Financial Consultants on the Arroyo Grande Sewer Assessment District. Mro Drahn and Mr> Poler reviewed the progress to date on the engineering phase of the project, stating that if the remainder of the engineering project pro- ceeds as projected, the earliest date would be October l, 1971 to let the con- tracte Mre Bear gave an oral progress report on the assessment charge phase of this project, stating that as it appears at this time, the most equitable system of spreading the cost of this project, will be by the application of three systems: 1) Benefit Unit Ch~rge; 2) Later~l Charge; and 3) Area Charge. Due to the absence of Mre Peterson, Project Engineer, who was to bring the maps, Mr, Bear was unable to fully detail these three systems of charge. After Council discussion, Administrator Butch was-instructed to schedule a meeting between the Council and Mr, Peterson, Project Engineer, to more fully review a11 phases of this project to date. PROGRESS REPORT - SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT. Administrfitor Butch advised that the~e were no new developments to re- port atr,this timeo NOT~~E OF REZONING CASE N0, 71-43 APPEAL, PLANNING COMM, DENIAL (PACE) ~ Administx°ator Butch advised that Mr. Vick Pace, applicant for Rezoning ;~°``Case No, 71-43, has filed an appeal to the City Council relative to the Plan~ ~i~g Co~nmissions denial of this proposed rezoning. The public hearing has been set for 8:00 P.M., March 9th, 1971e LEAGUE OF CALIF. CITIES CHANNEL COUNTIES DIV. MEET. MORRO BAY 3~5-~71. Notice has been received advising that the next meeting of the League of California Cities Channel Counties Division will be held in. Morro Bay on March 5, 1971, with the workshop meeting starting at 4;00 P.M. ~ II~TVITATION FROM THE DOWNTOWiV ASSOC, OF SLO: PARTICIPATE IN " THE GREAT TRt~IN RIDE" Adinixxistrator Butch advised that a letter has been re~eived from the Down- town Association of San Luis Obispo, inviting the Council to participate in an ever~t called "The Great Train Ride", which is scheduled to provid~ a train ride tour over the Cuesta Grade, on Mareh 19th, 1971, cammencing at 1;07 Pol~a, with various other activities scheduled for the tour, The Council discussed and agreed if possible, members of this Council would attend this event. MEETII~TG WITH SUPERVISOR MANKINS SCHEDULED FOR 3-4-71 Administrator Butch reported that Supervisor Mankins has aclvised that he would be able to meet with the City Council at 4:00 P>M., March 4, 1971, ADJOURI~IMENT On motion of Councilman Talley, seconded by Councilman Wood and unani- mously carried, the meeting adjourned at 11:47 P.M. until 8:00 P, M., March 2, 1971. ATTEST: ' ~ s~ ~ f..~'"- /`°7 C Y CT~ERK ~ ~ ~ MAYOR ~ _