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Minutes 1971-08-10 ClTY COUNCIL AUGUST 10, 1971 ARROYO GRANDE, CALEFORNOA The City Council met in regular session with M~ydr Levine. ~residang. Upon roll call Council Members Schlegel, Thompson9 Wood and Ta11ey reported present. PLEDGE OF ALLEGIANCE AND INUOCAT~QN Mayor Levine 1~ the Pledge of Alleglance to our Flag; ~nd immediately there- after Reverend Wi111am Black,of the United Methodast Church of Arroyo Grande, delivered the invocation. APPROVAL OF MlNUTES ' The minutes of the regular meeting of July 27,, 1971 were approwed as prepared. APPROVAL OF WARRANTS On motion of Councilman Schlegel, seconded by Councilw~man Thompson and unanimously carried, General Warrants No. 78 through Noo 114, in the total amount of $9,007,69; and Payroll Warrants No, 71 through No. 1379 in the total amounf of $14,~68,13 were approved and ordered paid, INVITATIONS TO PARTICIPATE BN MEXICAN INDEPENDENCE DAY PARADE & FBEST~ 9-16 ~ 9-18-71. Administrator Butch reported that letters had been received from the Union Civica y Cultural Mexicanna of Guadalupe and Grover CBty, inviting the Council to participate in the Mexican pndependence Day Parade and Fiesta to be held.in Guadalupe 9-16-71, and in Grover City, 9-18-71. After Council discussion, Admenistrator Butch was instructed to advise the Mexican Civec and Cultural Unoon en Guadalupe that members of the Council would be unable to attend, and in Grover City that all CouRCil Members possible will participate in this event, TREASURER'S REPORT FOR THE MON~H OF ~ULY 1971 Administrator Butch advised that the Treasurer's Report for the month of July, 1971 was not completed at this time. DEPARTMENTAL REPORT FOR THE MONTH OF JULY. 1971 The Departmental Report for the Month of July, tg71 was received by the Councit, reviewed and ordered filed. REVlEW OF LEGISLAT6VE BULLETIN FR~M THE LEAGUE OF CALIFORNlA COTIES Administrator Butch reviewed the latest legislative ~u1letin recieved from the League of California Cities. APPOINTMENT OF CITY REPRES. ~0 VOTE AT ANNUAL LEAGUE CONFERENCE Mayor Levine appointed Councilman Schleget as delegate, and Councilman Talley as alternate representative to vote for the City on various matters at the League of California Cities Conference to be held in San Francisco September 26th through the 29th, 1971. MUNICIPAL CODE AMENDMENT ORDINANCE ADOPTION - REZONONG CASE 71-45 - aDJ, TO BRANCH ' MILL ROAD GREENWOOD City Attorney Shipsey read the title of an ordinance amending fhe Municipal Code so as to rezone from R-A-B-3 to R-1, certain property in the City of Arroyo Grande, thereafter, a motion was made by Councilman Schlegel, seconded by Council- woman Thompson, and unanimously carried, to dfspense with reading the balance of this ordinance. ORDINANCE N0. 56 C.S. AN ORDlNANCE OF THE CETY OF ARROYO GRANDE AMENDING A PORTION OF THE ZONING MAP OF THE C9TY OF ARROYO GRaNDE REFERRED TO IN SECTION .30~ OF TBTLE 9, CHAPTER.~.4 OF THE MUNICIPAL CODE SO AS ~0 REZONE CERTAIN PROPERTY fN THE ClTY OF ARROYO GRANDE, On motion of Councilman Schlegel, seconded by Mayor Levine9 and on the , following roll call vote, to wit; I AYES: Councilmen Schlegel, Talley and Mayor Levine NOES: Councilwoman Thompson ABSENT: None ABSTAINED: Councilman Wood the foregoing ordinance was passed and adopted this lOth day of August, 1g71. RECOMMENDATION FROM FIRE CHYEF MARSALEK - DES4GNA~ED ~EREODS FOR OPEN BUR~ING Administrator Butch reviewed a report, dated July 7, 1971, from Fire Chief . , 43~ ~9TY ~OUN~a~ 109 ~971 ARROYO GR~~~E, ~~LOFO~~~~ PAG€ ~ Marsalek~ re~~~d~~g ~~~°sg~~~~~ tames ~n ~hi~h o~e~ b~~r~i~g wall be ~llowed~ ~trict~y for the b~r~a~g ~f tr~~ ~c~~~~~~~ dr~ ~~~~e~fl c~t~e~g~a w~a~h would be allowed by permat o~l~ a~d ~ft~r 9n~~~~ka~~ b°~ the ~bre ~~~~rtme~t to ~~~e~t~an th~t the materaals to be b~r~~d ~re ~r~e ~f ~~~~e f~r ~~och b~rns~g os p~oh~bite~ ~~d ~for fire pre~enta~n ~ur~o~es9 ~nd r~~o~~~~dA~~ ~~~~~ul appr~~~l des°sgnatang ~ne week on the maddle of ~.h~ f9~st mo~~h ~f ~~c~ q~~~r~~.r to ~l~~w f~r open bur~~~`ng ~nder the supervisso~e ~ontrol ~~d dar~~t~~~ of t~e ~e~~ a~p~~t~e~ta After C~uncal d°o~c~~seo~g ~otso~ ~f ~oun~alwo~a~ ~ho~~s~n~ se~o~ded by Councilman ~~11~Y, a~d ~~~~a~~~~]y ca~~iede th~ r~~o~~~~d~t~on sub~atted by Fire Chief Marsaleks by re~~~t d~~~d ~~ly ~9 19719 w~s a~pr~ved9 covering desag~~ted times en which o~en b~r~°s~g p~al~ be ~llo~edn en~l~~a~g ru~e~ ~nd reg~l~ti~ns ~pplsm cable to same, w~ich pra~ede~ f~r ~est~a~t~d reg~l~t~d ope~ b~~~ang o~e week in the moddle of J~nuary~ ~~re19 ~~~y ~~d ~~tob~~ e~ch ye~r, with the ex~~t week to be publicized pra~~ ~o e~~h de~e~n~~e~ tem~~ ~~d th~t t~~ week of ~ugus~ 16th through August ~.3~d, 1971r,~.~ ~esag~~t~~ ~~~na~g week ~~ra~g ~he s~~mer ~~ciod of 1971. FURTHER D9S~U~S@~~ ~N ~~~EE~~N~ Adminastra~~r B~t~~ ~~~sew~~ ~ ~~~ter ~r~pos~d ~~71m7~ budget for ~oods Animal She~ter r~~eiv~d ~r~~ ~a~~~r~ V, ~~~g~n~re ~s~u~~a~t Admena~tr~tAVe Offacer for the County of ~ua~ ~ba~~~e wha~h r~~a~~ed the ~~~n~y B~~rd of Su~ervasors action reg~rdi~~ ets c~~~~~~t re~~~~~~ ~ath '~oo~~ An9~a1 ~~~lter for animal control serv8ces a~d r~q~~st~d t~~s ~o~~~~l°~ ~~tao~ ~egard~~g ets co~tr~ct rene~al, Admanistrator But~h ce~~~~~~~~d9 a~d t~~ ~o~~cal ~g~~~d9 th~t thas matter be held over as the report w~~ j~~t ~~~euved~ a~~ t~ a1~~~ t6m~ to obtaan additaonal in- formateon. RES~LUTION AD~~T9~N ~~~~B~BS~~N~ ~9~1m?~ ~~~B~9~AL ~A~ R~~E 1 Ad~a~astr~tor B~~ch ~~~aewed that t~~ C~ty ~o~~~al ~ust ad~pt a~es~lution each year esta~lc~hi~~ t~e ta~ ~~te n~ce~~~r~ to der~~~ ge~er~l fu~ds for,the v~roous operate~~~ ~f the ~oty. After C~~~c~~ dA~c~s~aon, Csty At~orney Shipsey read the titl~ of ~ r~~~lut~~~ f~~o~g ~he rat~s o~ ~~xe~ for the 1971~7~ fi~cal year at $105~ for ~~~~r~~ G~ver~~~~t ~~er~tu~ns; $0,~05 for Employe~ ~etarement; $Oo190 for ~tr~et ~6g~~i~g~ ~n~ $Ooo55 f~~ Rec~~~taa~, f~r ~ tot~l tax r~te of $1,98 per e~~h ~100,00 of v~lu~taon~ ther~~fter a m~tson w~s made by Councilman ~~hlegel, ~e~ond~d by ~o~~celwo~an ~homps~~, and unanimously carried9 to dispen~e wath re~de~~ th~ b~~~nc~ of t~u~ resolution, R~SOL~~o~~ ~o0 945 ~ RE~O~~~BON 0~ ~~~E ~G~X C0~~~0~. ~F ~HE C9TY OF ARR0~0 GRANDE, CAL@F9RN9~, FBXaNG T~E ~M~UN~ OF ~ONEY NECE~~~~Y TO BE RABSED BY T~X~~BON F~R T~E CUR~EN~ FB~~~L YE~R BEG~NN6NG JUCY T, 1971, AND FBX9~G T~~ RA~~S ~AXES F~~ ~U~~ FBSCAL YEAR, On motian of Co~~cul~~man ~h~~pso~, se~o~d~~ by ~ou~celman Talley, and on the f~llawi~g rnll ~~11 vote, to ~i~; AYES. C~~~~Al ~embers 5ch~~g~~a ~homp~o~e Talley a~d M~yor ~evine NOES: ~o~~~elman ~~od AB~E~~: N~ne the foregoing res~lute~~ w~~ pas~~d and ~~o~ted th6s lOth d~y of August, 1971, PUBL9~ HE~RBNG - REZ~~B~~ N~. ~~m4g~ RmAmgml T~ Rmi ~ GARDEN ST. (~ACE) Adminmstrator But~~ ~ev~~~ed th~t ~ r~~~luti~~ has been recesved from the Planning Comm°ssseon ~e~o~~e~di~g the rezonsn~ f~om Rm~m6-1 to R-T, property loc~ted ~djacent to Garde~ Stre~t9 lysng bet~ee~ Myrtle Street an~ the Arroyo Grande C~eek9 as r~~~~~ted b~ ~h~ ~~~1GC~tao~ submatted by Vi~k Pa~e, Upon being assured by Caty ~lerk Ks~g~l~y t~at ~11 ~eq~er~~~~ts proveded by 1~w9 regarding notificateon of he~rs~g9 ~~d b~E~ c~~~li~~ w6th, M~y~r L~vine de~lared the hearm ing open and all per~o~s woul~ ~~w b~ he~rd for or ~gae~st the propose~ rezoninge There beang ao desc~~~ion ~o~ ~r ag~enst ~he rezoni~gs May~r ~evAne dem clared the hearing ~l~sed, ~fter Gouncal dwscus~ao~a Cety ~ttor~ey Shepsey read9 for its first readi~g, the tat~~ of ~n ~rdi~~~~e ~~endAng the ~~nicApal Code so as to rezone from R~A-B~1 to Rm19 cert~e~ pr~p~~ty in the Caty of Arco~o Grandee thereafter a motAOn was made by Coun~ulma~ ~~~legel, ~eca~ded by Councelwoman Thompson, and una~amo~sly ~~rr~ed, to dAS~en~e wath re~di~g the balance of this Ordin~~ce,o C 9 TY COUNC! L AI~GU~°~ 109 1971 ARROYO GRAN~E, CALIFORNlA ~~~E 3 PUBLSC HEARING - STREET NAME CHANGE - CENTRA~ BLVD,/1~~'N ST. T~ ~/~1C ~~RK B~1d~o Administrator Butch reviewed that the Placar~irag C~m~na~~oor~ h~~ h~ld ~ ~a~ab~ a~ hearing to change the name of Central Boulevard/l~th ~treet ~nd h~ve, by r~s~~~atson9 recommended that the street be named Oak Park Boulev~~°c8, Up~c~ beang ~~~~red by Caty Clerk Kingsley that all requirements as provided by ~a~v9 r~gardang ~aot~fac~taon of hea r i ng, have been comp 1 i ed w i th s Mayo r Lev a ne d~~~ ~ red the h~~ r s rag r~~^~r a~~era and a 1 1 persons for or against the proposed street name ch~nge wo~ld now be h~~rdo ~ Larry Milter, 246 18th Street, was present a~d was advBsed that a re~uest would be forwarded to the State requesting that the St~te derectioe~a~ ~agc~ r~oa~ reading Central Boulevard be changed to Oak P~rk Boulevard, 1°here being no further discussion for or ag~Inst the street name c~arag~a Mayor Levine declared the hearing closed, After Councal dsscussiong Coty Att~~°ney Shopsey read the title of a resolution chan,ging the n~me of the street from Ceratral Boulevard/18th Street to Oak Park Baulevard, thereaft~r a motaon w~s m~de by ~ouncll- man Schlegel, seconded by Councilwoman Thompson, and unanemously ca~°roed, to dispense with reading the balance of this resolutioraa RESOLUTION N0. 946 A RESOLUTION OF THE CITY COUNCOL OF THE C~TY OF ARR~Y~ GRANDE CHANGING THE NAME OF THAT ST'REET KNOWN AS CENTRAV~ BOULEVARD/18TH STREET ~YiNG W~T'H9N THE C~RPORAT E~BM9T~ OF THE CITY OF ARROYO GRANDE ~'0 OAK PARK BnULEVAR9. . On motion of Counc.ilman Talley, seconded by Councilman Woode and ora the following rotl call vote, to wit; AYES: Council Members Schlegel, Thompson, Wood, ~alley and May~r Levine NOES: None ABSENT; None the foregoing resolution was passed and adopted this lOth d~y of Aug~ste 1971, RECEIPT OF MINUTES OF THE COASTAL VALLEY PLANNING COUNCEL MEETINGS 6-7 P,ND 7-19-71. The minutes of the Coastal Valley Planning Council Meetings of June 7, 1971 and ,1uly 19, 1971 were received by the Council, reviewed and ordered filed, LEAGUE OF CALIF. CITIES - CHANNEL COUNTIES DIU, MEETONG - LOMPOC - AUG, Z0, 1971e Notice has been received advising that the next meeting of the Le~gue of Calofornia Cities Channel Counties Division will be held in Lompoc on A~gust 20, 1971, with the workshop meeting starting at 4;00 P.M. REPORT BY COUNClLMAN TALLEY - CO, CITIf S AREA PLANN. COORD. COUNC9L MEET. 8-5-71 Councilman Talley gave an oral report on the County and Cities Area plan- ning Coordinating Council meeting of August 5, 1g71, stating that further d°as- cussion was held regarding combining San Luis Obispo and Santa Barbara Couratees into a joint area.planning agency to avoid having to be consolidated ~v°sth greater populated counties to the north or south. PROGRESS REPORT - ARROYO GRANDE SEWER ASSESSMENT D9STROCI' Administrator Butch reported that the County ~ngeneering De~~,rtment, York Peterson, District Engineer, and Director of Public Works Anderson had met and reviewed the engineering design for the Arroyo Grande Sewer Assessment D°astricte and have determined several areas where design changes might possebty result in considerable savings in the project. PROGRESS REPORT - SOUTH SAN LUIS OBISPO COUNTY SAN~1°A1~~ON DBSTRBCT Copies of the Chief P1ant Operator's Report for the Month of ~ulye 1971 were received by the Council, reviewed and ordered filed. ERNES~' J. KECSKES. PROPERTY OWNER, 316 WALNUT S1'om COM~LAINT ~N ~TREET ~RA~E Mr. Ernest Je Kecskes, property owner at 316 W~lnut Street, ~nr~,s pce~ent and reviewed a statement which he presented, outlsning h~z~rdous condltions ~nd damage to his property, which he felt were beang created by the pr~posed ro~d work to bring the street to grade adjacent to hos property; and req~aested Council relief from this situation. C ~ TY COUNC 0 L ~CUGI~SI` 10, 1971 ARROYO GRANDE, CAL I FORN IA P/~GE..4 Director of Public Works Anderson ar~d Consulting City ~ragon~e~° Garang re~ viewed the approved grades on Walnut Street, betweer~ Ash ~tre~t and F~ir ~~k~ Aue,9 which indicated that Mr, Kecskes's property is. locat~d at the l~wes~ ele~+~to~n on the street where the street will be raised approximately ~e to a~low st~°eet drairom age to be carried to Fair Oaks Avenue, thus preventing street da°aenage fr~m er~term ing Mr. Kecskes's property. Mr, Anderson also stated that Mr. Kecskes9s ~roperty slopes to the west, away from the street, and that the ~ropo~ed street omp~°ove~nent would not, therefore, have any detrimental effect on the existirag property d~°~o~~ge, After Council discussion, Director of Public I~orks Andersora w~s inst~°u~t~d to determine elevations from Walnut Street to the back of M~'. K~cskes's pro~rerty to assure him that his property does drain westerly and away from I~i-ainut St~°eet, APPROVAL WORK STUDY PROGRAM AGREEMENT - CUESTA JR, CC~LLEGE & CET°! - 1971m7~ SCH,YR. Administrator Butch advised that the federalty fsnanced work study program, administered by Cuesta College, has again been funded and requested ~oun~il authorm ization for the City to again participate in this programa Afte?° ~oun~il discussion, on motion of Councilman Schlegel, seconded by Councilman Wood9 and un~ni~n~usly carried, the Work Study Program Agreement for the Fascal Year 1971-7~ b~twe~n Cuesta College and the City of Arroyo Grande was approved9 and the M~yar arad City Clerk were authorized to sign the agreement on behalf of the Coty, LETTER OF RESIGNATION FROM PARK AND RECREATiON COMMYSSBONER FPOMER M~~:~.~R~ Administrator Butch read a_ letter of resignation received fror~ Hom~u` Mall~,rd, stating that due to his regular employment commitments, he co.uld no Tonger serve on the Parks and Recreation Commission, On motion of Councilwoman Tho~?p~sone second- ed Councilman Schlegel, and unanimously carried, the resignation of H~mer Mall~rd from the Parks and Recreation Commission was accepted with regrets, and Adman~strator Butch was instructed to write Mr. Millard a letter of thanks and ap~reci~te~n for his service to the City. PARKS AND RECREATION COMM. RE: CHNG.BUDGETED FUNDS FROM °~EEN DA~TCE ~'0 ~E~N A~~°@U83'Y Administrator Butch reported that the Parks and Recreation Comrn~ssion h~ve requested that 1971-72 Budgeted Funds designated for Teen Age Dance be changed to Harvest Festival Teen Age Activity in order that the Commission will have more latitude in sponsoring teenage activities in conjunction with the Harvest Festival ~ Program. The Council discussed and agreed that as long as the budgeted funds are used for a program of wide range interest to teenagers, the change was approvedo REPORT BY COUNCILWOMAN THOMPSON - C0. WATER RESOURCES ADV, COMMtTTEE MEETBNG Councilwoman Thompson gave an oral report on the recent County Water Re- sources Advisory Committee meeting, stating that it was reported that Davi~- Grunsky Grant Funds would not be available for the proposed developments of Wale Rock Reservoir and Santa Margarita Lake. COMMITTEE RC-~,UEST.- SUPPORT SAN LUIS HARBOR BOND ELECTION Administrator Butch reported that the San Luis Harbor Bond Flection Committee has requested this Councit support, by resolution adoption, of the forthcoming San Luis Harbor Bond Election. After Council discussions it was agreed that as the full Councit was not in support of this bond election, that no action be taken on this request. LETTER FROM ASSEMBLYMAN MACGILLIVRAY - SUPPORT SPACE SHUTTLE PR(~GRAht VANDENBERG ' AND EDWARDS AFB. Administrator Butch re-viewed a letter received from Assemblyman MacGe~levray9 requesting this Counci)'s support in an effort to have the l~unch and retrseval base for the U. S. Space Shuttle site located at Vandenberg and Edwards Aor Force Bases. After Council discussion, Administrator Butch read the title of ~ resom lution in support of California for the Space Shuttle Site, there~fker ~~n~tion was made by Councilman Schlegel, seconded by Councilwoman Thompsong a~nd un~,nimously carried, to dispense with reading the balance of this resolutson. RESOLUTION N0, 947 A RESOLUTION OF THE CITY COUNCG~ OF THE CCTY UF ARR(?`f0 GRANDE FN SUPPORT OF CALIFORNBA FOR 1"HE ~OCATfON OF THE SPACE SHtJTTLE LAUNCH AND RETRIEVAL SITE, On motion of Councilman Wood, seconded by Councilman 1"alleye and on the following roll call vote, to wit; CITY COUNCIL AUGUS`T 1Og 1971 ARROYO GRANDE, CALIFORNIA 6~AG~ 5 AYES; Council Members Schlegel, Thompsora9 Woode Talley and ~1~yor Y~evir~e NfJES: None ABSENT; None the foregoing resolution was passed and adopted this lOth day of August, 1971. REFERENDUM PETITION ORD,NO. 52 C.S. TO BE INCL. W9TH RESOL. CALL, G~N. M91N~. ELEC. OF APRIL, 1972. City Attorney Shipsey advised that at this time only a minute mots~a~ adoptAOn is necessary regarding the referendum petition on Or-~linance No. 52 CoS. be6r~g voted on at the general municipal election to be held on April 11, 1972, and at such time as the Council adopts the resolution calting the general municipal electAOn9 thi~ matter will be included, After Council discussion, on motion ofi Councslman ~~lley, seconded by Councilman Wood and unanimously carried, Ordinance ~lo, 52 C.S.9 which provided for the annexation of Huasna Road No. 2 to the Clty'of Arroyo Gra~de9 w11"1 be submitted to the voters of the City of Arroyo Grande at the General Mu~ascepal' Election to be held on April 11, 1972. LETTER FROM C0. HEALTH OFFICER KUSUMOTO - SUPPORTIN~ FLUORBDATfON OF LO~EZ WATER SUP. Administrator Butch reported that a letter has been received from H. Howard Kusumoto, M.D., County of San Luis Obispo Health Officer, outlining his reasoros supporting fluoridation of Lopez Water Supply. PAULINE FILfS ORAL OBJECTION TO FLUORIDATION OF LOPEZ°WATER SUPPLY Pauline Files, 1226 Montego Street, was present and oratly obje~ted to fluoridation of the Lopez Water Supply, as she felt fluoridation of children's teeth should be a personal family matter. ADJOURNMENT On motion of Councilman S~hlegel, seconded by Councilman Wood, arad unanimously carried, the, meeting adjourned at 9:19 P.Mo ATTEST• ~ ~ . _ . H,:.(j4~ ~ ~ C ITY RK ~h1 YOR