Minutes 1971-03-23 3~3
CITY COUNCIL MARCH 23,,1971
ARROYO GRANDE, CALIFORNIA
The City Council met in regul~r session with Mayor Levine presiding. Upon
roll call, Council Members Schlegel, Thompson, Wood and Tall~y reported present.
PLEDGE OF ALLEGIANCE A~TD II~VOCATION
Mayor Levine lead the Pledge of Allegiance to our Fla~; a~.d im~ediately
thereafter Reverend John W. Germaine, retired, of the Bethel Baptist Church of
Arroyo Grande delivered the invoeation.
APPROVAL OF MINUTES
The minutes of the regular meetin.g of March 9, 1971 were approved as pre-
pared.
APPROVAL -0F WARRANTS
On motion of Councilman Schlegel, seconded by Councilwo~a.n Thompsan and
unanimously carried, General t~1~,rrants ~10. 759 through Noe 804, in the total
amount of $28,261.69; Payroll Warrants No, 1331 through Noa I402, in the total
amount of $14,112e30; and Trust and Agency Warrants No,-13~1 through l~o, 1385,
in the total amount of $4~93e48, were approved and ordered paid,
LETTER FROM VENTURA RE: CONTINUING COASTAL RT. RAIL PASSENGER SERVIGE
Administrator Butch reviewed a copy-of a letter received from the City of
Ventura, directed to the National Rail Passenger Corporation, urging.that every
possible effort be made to keep the Coast Daylight rail passenger service
operating.along the coast of California. The Council discussed and concluded
that this matter has, since receipt of this letter, been resolved and at this
time the Coast Da~light rail passenger service will continue to operate on a
daily basis, between Los An.geles and San Francisco.
NOTICE FROM P, G. & E. - APPLICATION FILED.WITH P,U.C, FOR RATE INCREASE.
Administr~.tor Butch reported that a notice has been received from the
Pacific Gas and Ele,ctric Co., advising that it has filed an application for a
rate increase with 'the Public Utilities Commission to cover the increased
cost- of gas used to generate electricity and will amount to less than a 1%
consumer increase.
CORRES. FROM LOMPOC RE: CITY SUPPORT ESTAB, OF NATIONAL CEMETERY AT VANDENBERG
Administrator Butch revieWed correspondence received from the City of
Lompoc, requesting this City's support of H,R. 3846, introduced by Congressman
Charles M, Teague, for the establishment of a national Cemetery within the
boundaries of Vandenberg Air Force Base. After Council discussion, ~fty
Administrator Butch read the title of a resolution regarding the establishment
of a national cemetery at Vandenberg Air Force Base, thereafter a motion was
made by Councilman Schlegel, seconded by Councilwoman Thompson and_unanimously
carried, to dispense with reading the balance of this resolution.
RESOLUTION N0. 930
A RESOLUTION OF TAE CITY GOUNCIL OF THE CITY OF
ARROYO GRANDE SUPPORTING THE ESTABLISHMENT OF A
I~IATIONAL CEMETERY AT VANDENBERG AIR FORCE BASE.
On motion of Councilwoman Thompson, seconded by Council~n:an Talley and on
the following roll call vote, to witt
AYES: Council Members Schlegel, Thompson, Wood, Talley and Mayor
Levine.
NOES: Noneo
ABSENTe None.
the foregoing resolution was passed and adopted this 23rd day of Mar~h, 1971.
LEGISLATIVE BULLETIN FROM THE LE~AGUE OF CALIFORNIA CITiES.
Administr~.tor Butch reviewed Copies of the latest legislative bulletins
received from the League of California Citiese After Council discussion,
Administrator Butch was in.structed to contact, by letter or phone, the appro-
priate ~egislative committees opgosing SB 333, Gompulsory and Binding`-:_,~
Arbitration, and AB 52, Zoning or other Permits.
RECEIPT OF PROPOSED BY LAWS CHANNEL COUNTIES DIV. OF LEAGUE OF C~LIF: CITIES
Administrator Butch reviewed the By Laws of th:e Channel Counties Division
of the League of California Cities, copies of zahich have been received and pro-
pased ~~r ec~~.side>~~~~~^~ ~y ~k;:^ ~.~m$ ~nd. ~.t ~~`~~osed for full consideration
of the member Gities ~t the next r~~~1ar quarterly meeting of the Channel
Counties Division of the League of California Citie~.
~
CITY COUNCIL MARCH.23, 1971
ARROYO GRANDE, CALIFORNIA PAGE 2
NOTICE FROM LAFCo. - HEARING ON HUASNA RD, N0, 2 AI~NEXATION SET FOR 4e1-71
Notice has been received from t~e Lo~al Agency Forma.ti~r~ Go~nission of San
Luis Obispo County, that a publf~ hearing has beexx scheduled ~or 10a00 AoM,,
Apri1 1, 1971, on the City's application for Huasna Road 2 Aa~nexation to the
City of Arroyo Grandeo
MUNICIPAL CODE AMENDMENT
1970 EDITION UNIFORM BUILDII~TG CODE VOLUMES 1 2, 3 arad ~ FIRST READING
Administrator Butch reviewed a copy of the recomm~r~ded ox°dinance adopting
the 1970 edition of the UnifoY°m Building Code, Volume l, U~ifmrm Building Code;""'~
Volume 2, Mechanical Code; Volume 3, Housing Code; a~d Voluan~ 4, D~.ngerous
Buildings Code, advising that the proposed ordinance has beeri reviewed and
recommended for adoption by-a11 City departments; ar~d the only major changes
from prior years adopted Volumes is that a Plan Gheckfng Fee i~ proposed to be
charged for 200 Cubic yards or less on excavating perinits, any x°etaining wall
located on ~he property line exceeding 16 inches in heigh~ ~hall be constructed
only of concrete or masonry, and the allowabie slope on grading is recommended
to be 2 to 1, 12 to 1 with appx°oval of Soi1 Engineerse
The Council discussed the proposed changes and thereafter, on motion of
Councilman Talley, seconded by Mayor Levine, and carried, City Attorney Shipsey
was authorized and instructed to include a provision in the ordinance amending
the Municipal Code to adopt the 1970 Edition of the Uniform Building Code,
Volumes l, 2, 3 and 4, that when xecommen.ded by a xegistered engineer the grad-
ing slope may be reduced to 12 to l rather than 2 to l. '
City Attorney Shipsey ~°eada for its first read~ng, the title of an ordi-
nanee adopting the 1970 Edition of the Uniform Building Code, Volumes 1, 2,.~3
and 4, as amendeda thereafter, a motion was made by Councilman Ta11ey, seconded
by Councilwoman Thompson and unanimously carriede to dispense with reading the
balance of this ordinanceo
NOTICE OF STATE COMPENSATION INSURANCE DIVIDEND 1968-69 POLICY YEAR.
Administrator Butch advised that notice has been ~°eceived from the State
Compensation Insuranee Fund, .advising that the estimated dividend to the c~ty
will be 47% of its current premium based on its a~tivity during the 1968-69
fiscal year, which will yield.an approximate $4,000 insurance premium refund,
REPORT ON RECENT MAYORS' MEETING~BY MAYOR LEVINE.
Mayor Levine gave an-oral report on the recent Mayors' Meeting, stating
that the Mayors discussed the proposed study for San Luis Obispo County for the
possibility of initiating a Gounty Wide Health Insurance program; the possibil-
ity that with a federal grant, a t~°ansit system might be made available to the
City of San Luis Obisp~; and that tl~e Mayors have submitted appointment recom-
mendations to the Couxxty Board of Supervisors for two representatives of eities
to serve on the Airpox°t Land Use Commissfnn.
REPORT BY COiTiVCILMAI~T TALLEY - C0. CITIES AREA PLANN.COORD.COUNGIL MEET. 3-18-71
Councilman Talley gave an oral report on the County and Gities Area Plan-
ning Coordinating Council meeting of March l8, 1971, stating that the Regional
Planning Agency formation was discussed.
MITNICIPAL CODE AMENDMENT
REZONING CASE N0. 71-46, N0. ELM ST. - H-S TO R-3 (CARMICHAEL)
City Attorney Shipsey read the title of an ordinance rezoning a portion of
Lot 15 of the Folsom Tract, adjacent to North Elm Street, from H-S to R-1,
thereafter, a motion was made by Councilman Schlegel, seconded by Gouncilwoman
Thompson and unanimously carried, to dispense with reading the balance of this
ordinance.
ORDINANCE N0. /~5 C.S.
AN ORDINA~CE 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 REZONE
CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE,
On motion of Councilman Wood, seconded by Councilman Talley and on the
following roll call vote, to wit:
CI'~Y COUNCIL MA12CH 23, 1971
ARROYO GRANDE, GALIFORl~IA PAGE 3
AYES. Council Meinb~~s S~hlegel8 Tl~ognpson, Wood~ Talley and May~r
Levine.
NOESt None.
ABSENTe 1Vone.
the foregoing ordinance was p~:s~ed and ad~pt~d thi~ 23rd d~.~ of March, 1971,
QUARTERLY REPORT ON SALES AI~TD CIGARETTE TAX REVE1~UEo
Administratox° Butch submitted a Progress Report th~ Fourth Quar~er of
1970 Sales Tax and Cigarette Tax Revenue and noted that thi~ f~urth quarter
reflects the highest sales tax yfeld received by the ~itya
SET PUBLIC AEARING - REZONING CASE N0. 71-45, ADJaTO BRA~TCH MILL RD,_-~EaCITY LIMIT
The City Council revefw~d a resolution of the City Planning Cotnmission
recomc~ending to the Council an amendment to the Muni~ipal Code by rezoning a
34.93 acre parcel of land lying easterly and adjacent to Gx°eenwood Manor, Tract
No. 256, located between Branch Mill Road and the Array~ Grande Creek, from an
R-A-B-3 to an R-1 Distriet, as ~°equested by the application submitted by Carl
J. Greenwoodo
After Gouncil discussion, on motion of Councilman Wood, second~d by Council-
' man Schlegel and unanimously carried, a public hearing uras set for 8:00 P,M.,
Apri1 l3, 1971, on the rezoning application submitted by Carl J. Greenwood.
RESOLUTIOI~I~ADOPTION - AMEI~IDMENT APPROVAL TOPICS PROGRAM STUDY AGREEMENT
EYdministrator Butch advised that the Local Agency-State Agreement No. 1,
TOPICS Study Report for the City, which was approved by the City on Deeember 8,
1970, was referred back to the contractor, Lampman and Associates, for revision
of certain items. Lampman and Associates have made the corrections requested
by the State and now ask that the City approve the ainended agreemento After
Council discussion, City Attorney Shipsey read the title of a resolution author-
izing the filing of application for an area-wide TOPICS Plan and Study, there-
after a motion was made by Councilman Schlegel, seconded by Councilwoman Thompson
and unanimously carried to dispense with reading:the balance of this resolution.
RESOLUTION N0. 931
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE FILII~IG OF AN
APPLICATION WITH THE CALIFORNIA DIVISION OF
HIGHWAYS FOR AN AREA-WIDE TOPICS PLAN AND STUDY,
On motion of Councilman Talley, seconded by Couneilman Wood and on the
following roll eall vote, to wit:
AYES: Council Members Schlegel, Thompson, Wood, Talley and Mayor
Levine.
NOES: None.
ABSENT: None.
the foregoing resolution was passed and adopted this 23rd day of March,,1971.
ORAL REPORT BY COUNCILMAN SCHLEGEL ON ZONE 3 AD.COMMoMEETING OF 3-11-71
Councilman Schlegel orally reported on the Zone 3 Advisory Committee Meet-
ing of March 11, 1971, stating that the proposed watershed ordinance and ad-
judication of ground water rights was dxscussed and recommended tliat the .
Attorneys and administrators for the entities within Zone 3 meet and formulate
an agreement to.present to the governing bodies of the entitie~a Administrator
Butch reported that he had met with the Attorr~eys and representatives from the
entities within Zone 3 and it was agreed that the services of an Hydraulic
Engineer, specializing in ground water rights, be ret~.ined, to advise of the
best procedure to follow in this matter.
RECOMMENDATION TO SUPERVISOR MANKINS-ROAD IME'ROV. & DRAINAGE STUDIES ADJ.TO CITY
Administrator Butch reviewed a report, dated March 18,:1971, from Director
of Public Works Anderson, regarding a suggested list of County roads, adjacent
to the City of Arroyo Grande, where major maintenance or reconstruction is de-
sired, and requested Council approval prior to forwarding this suggested priority
list to Supervisor Mankins. After Council discussion, on motion of Councilman
Schlegel, seconded by Councilman Talley and unanimously carried, the suggested
list of County roads adjacent to tt~e City of Arro~ro Grande, where major main-
ten~.nce or ~econs~~~~~:~u~°i ~~.~~LL ~z~~ ~t~~~ ~~~r~ugh 5 being.suggested for
3~~~
CITY COUNCIL MARCH 23, 1971
ARROYO GRANDE, CALIFORNIA PAGE 4
priority consideration, was approved and Administrator Butch was authorized and
instructed to forward thi~ list to Supervisor Mankins for ~is consideration and
recommendation to the County Board of Supervisox°s.
PROGRESS REPORT - ARROYO GRANDE SEWER ASSESSMEIVT DISTRICT
Administrator Butch reviewed a-letter received from Ri~hard A. Drahn,
Assistant County Hydraulic Engineer, advising that the D~stx°ict Engineer, York
Peterson, has requested some payment on his contra~t, but the County cannot ad-
vance any payments prior to the sale of the bonds, whie~ is estimated not to
occur until September, 1971; and is therefore requestir~g that if possible, the
City advance payment to Mr. Peterson at this time,
After Council discussion, on motion of Councilman Schlegel, seconded by
Councilwoman Thompson and unanimously carried, an advance paymer~t was approved
to be made to York Peterson, Project Engineer for the Arroyo Grande Sewer
Assessment District, in the amount of $10,000, to be paid from the City's Sewer
Rental Fund, with the Sewer Rental Fund being reimburs~d at the time of the sale
of the bonds for this project, subject to approval of the projects financial
consultants, Stone and Youngberg; and Administrator But~h was instructed to ob-
tain written approval for this advance payment from Stone and Youngberg.
PROGRESS REPORT - SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT.
Administrator Butch advised that ther`e were no new developments to report
at this time.
M[TNTCIPAL CODE AMENDMENT
BUSINESS LICENSE FEE FOR AUCTIONS ADJUSTED - FIRST READING
City Attorney Shipsey read, for its first reading, an ordinance amending
the business license provisions of the Municipal Code regarding business license
fees to be charged for auctions being held_in conjunction with and auctions being
held not in conjunction with a regularly operated business within the City,
RESOLUTION - AMENDING UTILITY AGREEMENT N0. 209.0.11 - RELOC.UTIL.SO TRAFFIC WAY
Administrator Butch reviewed that prior to the City accepting from the
State, that portion of So. Traffic Way;into the City's Street System, certain
cDrrections had to be done by the State and in conjunction with this work the
City had to relocate water utility lines and an agreement for this work was
entered into, due to necessary changes to complete this project, the agreed
upon reimbursable amount was far exceeded and so that the State can approve the
payment to the City in the larger:amount, an amendment to the original agree-
ment is required. After Gouncil discussion, City Attorney Shipsey read the title
of a resolution authorizing the execution of amendment to Utility Agreement No.
209.O.11, thereafter a motion was made by Councilman Sck~legel, seconded by
Councilwoman Thompson and unanimously carried to dispense with reading the bal-
ance of this resolution.
RESOLUTION N0. 932
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AMENDMENT TO UTILITY AGREEMENT N0. 209.0.11.
On motion of Gouncilwoman Thompson, seconded by Couneilman Schlegel and on
the following roll call vote,to wit:
AYES: Gouncil Members Schlegel, Thompson, Wood, Talley and Mayor Levine.
NOES: None.
ABSENT: None.
the foregoing resolution was passed and adopted this 23rd day of March, 1971.
ADJOURNMENT
On motion of Councilman Wood, seconded by Councilman Talley and unanimously
carried, the meeting adjourned at 9:17 P.M.
~ ,
. ~ ,
ATTEST • J'? .f,~G`<----Z..
~
CI CLERK MAYOR