Loading...
Minutes 1971-09-14 C~TY GOU~TCIL SEPT~MBER I~9 1971 ARROYO GR~1DE, GAL~.~`ORI~~A The C3ty Gouncil met ir~ r~gular wi~h Ma~or L~v~~,~ p~e~id~~~e Upo~ r~11 ~all, Couxncil Members Schleg~l~ 'T~omi~~~~~ Wood a~d Ta~l~~ repor~~cl p~~~~~~m PLEDGE OF ALLEGIANC~ AND INVOCATTO~T M~y~x° Levine leacl the Pledg~ of Al~.e~ia~~e ~c~ ~ur F1~~; a~d ~n~n~d~a~~1~ ~hereafter, Councilman Schlegel dlelivered the i~vo~ati~a~e APPROVAL 0~` MINUTES The mi~ut~s ~f the regula~° m~eting of Au~~x~t 10~ 19~1 we~~ app~a~ve~ a~ p~ea paredo APPROVAL OF WARRA~TTS Orn motion af Cou~cilma~n Schlegel, se~onded by Goux~~ilw~z~a~ Th~vmp~o~ arnd una~imou~ly ~ax°ried, Ge~.eral Warrants 1Voo 155 thx°ough ~'~0 20~, i~, tl~~ t~~a~ am~a~rat af $40,090e79; amd Payroll Warrarxts 1V~, 224 throu~h ~~m 356~ ~h~, ~~~al amcau~~ af $30,329.14 were app~oved a~.c~ ~rclered paid, " SUGGESTED ORD. FROM D,A. TAIT REo CIVIL D~STRUBANCE ~MERG~~CY REGULAT~O~S Administrator Butch reviewed a letter re~eived fresm R~~~r~ I~, Ta~~, Luis Obispo Gounty District Attorney, urgi~g the Co~ra~i1 tc~ ena~t ~r~ orcli~a~~e establfshing emergency regulatfons to be put into effe~t durir~g a~ivil di~~ turbance< After Ccauncil discussio~, City~ At~ox°ney Shipsey w~~ ix~~t~ax~~~el ~o revfew the sazggested ordinance and x°eport b~.ck ta the Cuun~il. LETTER FROM ASSEMBLI'MA1V Z'BERG m STATUS REPORT AB 2~+35 m CALIFo RECR~ATZO~ FULVD Ad~nini~trator Butch reviewed a le~ter ~e~~~yed ~rom As~em~aly~naa~ Z'Li~r~, upcl~ti~g ~he status of AB 2435 m- The Calife~r~ai~ Re~~°~at~ore Fu~d a~d r~qu~sti~~ th~s Council.'s support of this legislatfon clux~~r~g th~ 1972 l~~f~lat~ve s~~~i~rna Th~ Cou~a~il discussed a~d a~re~d no acti~~ be take~ o~a thf~ ~na~~er at th~~ t~me per~din~ receipt of additfonal infoz°matio~ fro3n the L~ague of Cali~~rr~i~. Cit2~~e TREASURER'S REPORT FOR THE MONTH OF JULYa 1971, Administratox~ Butch advised th~t ~he Treasu~er~s Report fcar the m~nth of July, 1971, was r~ot c~inpleted at this time. DEPAATMEI~ITAL REPORT FOR THE MONTH OF AUGUST 1971. The Departmental Report for the month of August, 1971, was received by the Council, revfewed and ordered filed. REI~tEWAL OF COIVTRACT WITH WOODS ANIMAL SHELTER - APPROVED , Administrator Butch advised that a copy of the contract for animal control services between Woods Animal Shelter and the County of San Luis Obispo has been received. The Council reviewed the contract artd instructed City At~orney Shipsey to prepare a contract to cover City x°~quirements for animal cont~°ol services following the saane forznat usecl ~y the Cour~ty; thereaft~r on m~~far~ of Councilwoman Thompsan, seconded by Councilman Talley and unanimously ca~r°ied, the ~ontract agreement betwee~ Wood's Animal Shelter and the City, for animal control services from August 16, 1971 through Ju~e 30, 1972, was approved and th~ Mayor an.d City Clerk were authori~ed to sigrn the contract on behalf o~ the Cityo RECEIPT OF 1971~72 M[TNICIPAL BUDGET BOOKLET Administrator Butch p~es~nted the completed 1971~72 Municipal Budge~ ~~~klet for the City of Arroyo Grandea RECEI~T OF PARK, & BUS, ~MPROVo AR~A ADV, BDa MINUTE~ F'OR AUG. S~ SEPT,, 1971 The minutes af the Parizing and Business Iznpr~+vement Area Advi~ory Baard mee~ings of Augu~t 5, 1971 anc~ Septembex° 2~ 1971, were r~ceivecl 1~~ ~he Cout~cil, review~d and ordered filed. RECEIPT OF 8-2-71 MINUTES & NOTTCE OF FALL SEMINAR 9~1.8~71 COA~ToVALLoPLA~I.CNm The minutes of the Coastal Vall~y Plan.ning Cou~~il m~et~ng ~f Au~ust 2, 1971, were received by the Council, reviewed and orderec~ f~led. No~i~e o~ the Fall Seminar of the Co~.stal Valley Plan.ning Council has been rece~vec~. The meet~ng is scheduled for ~eptember 18, 1971 and wfll be held i~. the Cou~~i~ Chambers of the Grover City Cit~ Hallo The top~~ of discussior~ will be Mfldular Hou~ing a~d California Coastal Planning Legisl~.tfon, REVIEW OF LEGISLATIVE BULLETII~T FROM THE LEAGUE OF ~ALIFORNIA CITIESo 9dministrator Butch review~d the legislative bulletixas receiv~d f~om ~he League of California Cities, 4 43 CITY COUNCIL S~PTEMBER 1.4, 1971 ARROYO GRANDE, CALIFORNIA PAG~ 2 APPROVAL WORK STUDY PROGRAM AGREEMENT-CALIF. STATE POLYTECHNIG COLL~GE & CITY Administrator Butch advised that the federally financed work ~tudy px°o~ram, administered by California State Polytechnic College9 has agai~a be~n funded a~.d requested Council authorization for the City to again partic~pa.te i~ th~~ pro~ gram. After Council discussion, on motion of Councilman Wood, se~onded by Councilman Schlegel and unanimously carried, the Work Study Pr~gram Agree~er~t for the Fiscal Year 1971d72 between California State Polytechra~~ Coll~ge a~cl the City of Arroyo Grande was approved, and the Mayor and City Cl~rk w~re authorized to sign the agreement on behalf of the City, NOTICE OF PUBLIC HEARING BY LAFCO - HUASNA ROAD N0, 3 ANNEXATIOl~ ~ 9-16~7~ Administrator Butch advised that notice has been received tha~ ~he Lo~al Agency Formation Commission will hold a public hearing September l69 1971~ at 10:00 A.M., in the County Courthouse on Huasna Road No. 3 Annexatfon ~he City of Arroyo Grande. REPORT BY COUNCILMAN TALLEY - C0. & CITIES AREA PLANN, COORD. GOUN~IL MEETIIVG Councilman Talley gave an oral report on the recent meeting of the County and Cities Area Planning Coordinating Council, stating that Robert B~rn, c~m~ sultant to the County of San Luis Obispo for the development of i~~ master water and sewer plans, spoke at the meeting and outlined various problems which have been encountered with the development of these master plans. PROCLAMATION -"FIRE PREVENTION WEEK" OCTOBER 3-9, 1971. Mayor Levine proclaimed the week of October 3 through 9, 1971, as "Fire Prevention Week" in the City of Arroyo Grande, as requested by the Ax°ro~o Grande Fire Department. PUBLIC HEARING-REZONING CASE N0.71-50 - MASON ST. C-B-D to P-C-D - LOVETT Administrator Butch reviewed that a resolution has been received f~°om the Planning Cotmnission recommending the rezoning from C~B-D to P-~C~D, prop- erties located adjacent to both sides of Mason Street, between Nelson Street and the Arroyo Grande Creek, as requested by the application submitt~d by Lee Lovett. Upon being assured by Administrator Butch that all requirements pro- vided by law, regarding notification of hearing, had been complied with, Mayor Levine declared the hearing open and all persons would now be heard for or against the proposed rezoning, Mrs. J. A, Tonascia, 143 So. Mason Street, was advised that the assessed value of the properties within the area would not be affected by the proposed zone change. There being no further discussion for or against the rezoning, Mayor Levine declared the hearing closed. After Council discussion, City Attorney Shipsey read, for its first reading, the title of an ordinance amending the Mureicipal Code so as to rezone from C-B-D to P-C-D, 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 dispense with reading fhe balance of this ordinance. PUBLIC HEARING-REZONING CASE NQ. 71-49 - Huasna Rd.-R-A-~B-1 & 3 to R-1 (KUDEN) Administrator Butch reviewed that a resolution has been received from the Planning Commission recommending the rezoning from R-A-B-1 and 3 to R~1, prop- erty located adjacent to Huasna and Stagecoach Roads, as requested by the appli- cation submitted by J. Kuden for A. Swimmer. Upon being assured by Administrator Butch that all requirements provided by law, regarding notification of hearing, had been complied with,.Mayor Levine declared the hearing open and all persons would now be heard for or against the proposed rezoning. There being no discussion for or against the rezoning, Mayor Levine de- clared the hearing closed. After Council discussion, City Attorney Shipsey read, for its first reading, the title of an ordinance amending the Municipal Code so as to rezone from R-A-B-l and 3 to R-l, 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 dispense with reading the balance of this ordinance. REQUEST CURB AND GU'~'~ER REQUIREMENT BE RELIEVED - LARCHMONT DR. AND VERNON AVE. Administrator Butch reviewed' a report, dated August 20, 1971, from Director of Public Works Anderson, requesting Council consideration in relieving the curb and gutter requirement on Larchmont D~five and Vernon Avenue, as it appears, after review that curbs a~r~'"gutters could prove detri~mental to the area in that CITY COUNCIL SEPTEM~ER 148 1971 ARROYO GRANDE, CALIFORNIA PAG~ 3 property has been developed to conform to a very narrow, ~ide hi11 ro~,dway and curb and gutter installation would require widening and gradirn.g th~t would create several hardships on existing driveways and improvementsm The Cou~.~il. discussed and agreed that curb and gutter installatiort requirements be reli~ved on Larchmont Drive and Vernon Avenue, excepting that the require~e~.ts shall re~ main in effect on the south side of Larchmont Drive adjacent t~ the ~oz~ne~cial frontage where a steep bank exists, to afford positive co~.tr~l nf d~~i~~.~e from the commercial property and would help control traffi~ adja~en.t t~ ~Yse steep bank, as recommended by Director of Public Works Anders~~.. DISCUSSION - PROPOSED COUNTYWIDE CROSS CONNECTTON ORDINANCE Administrator Butch advised that a copy of a proposed cou~.ty~wide ~ross connection ordinance has been received for Council review and ~onsideration. Mr. James Gates, San Luis Obispo County Health Department, was preser~~ and ~em viewed the purpose of the ordinance and that for uniform operations f~r the in- spection and regulation of cross-connections to public water supplle~~ it is recommended that each entity providing a public water supply within Sa~n Luis Obispo County, adopt a uniform ordinance. Director of Public Works Anderson reviewed that a cross connection program is a requiremen.t on the City'~ water permit issued by the State of California, and that Mr. James G~tes will be the Director of the Cross Connection Program, which will be administered thr~ugh the County of San Luis Obispo. After Council discussion, City Attor~.ey Shipsey was instructed to reuiew the ordinance and report back to the Cau~~~1a C0. WATER RESOURCES ADV. COMMITTEE MEETING REPORT BY COUNCILWOMAN THOMPSON Councilwoman Thompson gave an oral report on the recent County Water Resources Advisory Committee meeting, stating that Robert Born, consultant to the County on the development of its water master plan, was prese~~ and gave a progress report on the water master plan for the County of San Luis Obispo. PROGRESS REPORT - ARROYO GRANDE SEWER ASSESSMENT DISTRICT Administrator Butch advised that negotiations for rights of way for the proposed sewer line installations are progressing and prior differences have been resolved between the County and Project Engineer Peterson. PROGRESS REPORT - SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT Copies of the Chief Plant Operator's Report for the month of August, 1971, were received by the Council, reviewed and ordered filed. ACCEPTANCE OF EASEMENT DEEb - SEWER LINE INSTALLATION - TRACT N0. 283 Administrator But~h reported that in conjunction taith rhe installatfon of sewer mains to serve Certain lots in Tract No. 283, and in parti~ular Lots l9 and 20, an easement deed was required and is now ready for Council acceptance. After Council discussion, on motion of Councilwoman Thompson, secox~ded by Council- man Schlegel and unanimously carried, the Corporation Grant Deed from Hilltop T~velopers, Inc., for a Public Utility Easement 10 feet in width lying between and running parallel to Lots 31 and 32, Tract No, 283, was accepted and the Mayor and City Clerk were authorized to sign the Certificate of A~ceptance on behalf of the City. RE~UEST FOR ASSIST. ON DRIVEWAY ADJUST. IN CONJUNCT, WTTH ROAD.WK. FAIR OAKS :A~EA Administrator Butch reviewed a report dated September 8, 1971, from Director of Public Works Anderson, advising that many of the problems encountered by the Public Works Department during the grade construction of streets in the Fair Oaks Area is due to minor adjustments on driveways, which in many ~ases could possibly be corrected by City crews and approximately $15.00 worth of material; and requested Council consideration and approval for such expenditure on the part of the City, which would help ease these problems and malce some of the adjustments to new street grades more acceptable in this area. After Couxacil discussion, Councilman Schlegel, Administrator Butch and Director of Public Works Anderson were appointed to a committee to study the driveway areas affected by the grade changes and report back to the Council prior to any action being taken on this request. MEETING DATE CONFIRMED BY DIV. OF H/W TO DISC. RECONST. OF BRANCH ST. 9~20-71 Administrator Butch advised that the tentatively scheduled meeti.ng be- tween the City Council, Merchants on Branch Street and the Division of Highways has been confirmed for September 20, 1971 at 7:30 P.M, in the City Council Chambers. 4 ~5 ~ CITY COUNCIL ~ ~ ~ SEP'~EMBER_~4~ 1971 ARRO'YO GRANDE, CALIFORNIA PAGE 4 C0. SERV. AREA 12 REQUEST TO PURCHASE 50-70 ACRE FEET OF CITY°S LOPEZ WATER ~VTIT, Administrator Butch read a letter received from Russell K, P~w~ll~ D~puty Administrator Special Assignments, Coun~.y of San Luis Obispo, x°eques~i~~ C~u~.~il consideration of the procurement of 50 to 70 acre f~et of the City'~ Lmp~z Water entitlement for County Service Area No. 12. The Cou~cil di~~us~~d ar~~ agreed that this matter should be worked aut ~n a compl~te comanunity basi~ for the total area and the assistance of a consultant w~uld be n.eeded; and A~,~inm istrator Butch was instructed to begin recruitment of a water ~~~~ul~~.~t for this project. PUBLIC HEARING - APPEAL USE PERMIT CASE N0. 71-173 ~ PHILADELPHIA TIItE C0,(ALDER ST) Administrator Butch reviewed the action of the Planning Go~i~~io~. fr~m it~ minutes of August-17, 1971, at which IIse Permit Case No. 71~173 was cler~ied. Upcan being assured by Admin.istrator Butch that all requirements provid~d law~ ~e~ garding notification-of hearing, h~.d been complied with, Maym~ Levi~~ de~la~ed the hearing open and all persons would now be heard for or agai~st the appeal of the decision of the Planning Commission relative to deni~.l of U~e Pex~~~.~ Case No. 71-173, to allow expansion of the Philadelphia Tire Recappi~g Go, op~rations at 111 Alder Street, filed by James M. Duenow, representi~g Dr, Ka.x°1 Kund~rt and Kevy Kerkeyrian, dba Philadelphia Tire Company. Administrator Butch reported that three letters prot~sti~.g the pre~~~t use and proposed expansion of operations of the Philadelphia Tire Co., raere received from Mr. and Mrs. Harold Martin, 168 Alder St,; Mrs. Roy Keesaman~ 150 S~. Halryon Road and Mr. Ray Kaneko, 3906 Somerset Dr., Los Angeles, owr~.~r af prop- erty located on Alder St. City Attorx5.ey Shipsey advised, that in his opinion, the original use permit was not revoked or terminated, as the procedure as set out in the Municipal Code for termination of a use permit had not been follawed. The following persons were present and spoke in. favor of gra~.ting Use Permit Case No. 71-173: James Duenow, Attorney representing Dr, Kax°1 Kundert and Kevy Kerkeyrian, dba Philadelphia Tire Co,, 111 Alder St., Arroyo Grande; John Zyder, 5344 Stanfor, Santa Maria; George Conrad, 909 No. Broadway, Santa Maria; Jerry Hendricks, 122 Ocean View, Grover City; and Dale Bleam, 1535 Via Del Carmel, Santa Maria. The following persons were present and spoke against granting Use Permit Case No. 71-173: Donald Haynes, Attorney representing several property owners in the area of the proposed use; Mathew Gallagher, 520 Leanna Avenue; Mr. and Mrs. Ralph Richards, 151 Alder St.; Bob Goulart, 801 Opa1 Drive; Mrs. DeMova Allen, 169 Alder St;. Mrs. Roy Keesaman, 150 So, Halcyon l~oad; Mabel Davis,.l52 Alder St.; Ernest P. English, 209 Alder St.; Wayne White, 165 Alder St.; Mr, Stafford, 154 Alder St:; and Mr. Gillcon, 961 Los Domonos. There being no further discussion for or against the proposed Use Permit Case No. 71-173, Mayor Levine declared the hearing closed. The Council discussed the matter and City Attorney Shipsey advised tha~ the original use permit must be resolved following the procedure as provided by the Municipal Code and that in his opinion the 90 day order to discontinue present operations is possibly not valid, due to the exfsting original use permit. After further discussion, on motion of Councilman Talley, seconded bg Councilwoman Thompson and unanimously carried, the Appeal was dismissed an.d the matter of the original use permit still being effective an.d the order to dis- continue operations at lll Alder St. within 90 days was referred back to the Planning Commission for its review and action following the procedure prov?.ded by the Municipal Code. ACCEPT.OF TAX DEED LAND AGREE,SALE N0.128 STATE,COUNTY & CITY-HALCYON & WOOD PL. Administrator Butch reported that for a number of years there has been a small portion of right of way on Halcyon Rd, and Wood Place rahich were carried by the County Assessor as privately owned parcels, this property has nora been. deeded to the State for non payment of taxes and the City can now acquire same by approval of Agreement of S~:~~ No. 128, between the State of California, the County of San Luis Obispo and''~~e City of Arroyo Grande, at a token fee to clear the tax delinquencies from the ~ounty Tax Callectors records. After Council discussion, on motion o~ Councilman Schlegel, seconded by Councilwoman Thompson and unanimously carried, the Agreement to Purchase Tax Deeded Land~ between the State of California, County of San Luis Obispo and the City of Arroyo Grande, at ~ fee to clear said parcels of property from the Coun~y Tax Collectors records, was approved; and the Mayor and City Glerk were instructed to sign the agr~ernent ~r kaeh~l~ of tt?~ Ca~~v, 44~ CITY COUNCIL SEPT~MB~R 14, 1971 ARROYO GRANDE, CALIFORNIA PAG~ 5 RECEIPT OF PETITION PROTESTING ORDINANCE N0. 56 C.S, m REZONING FR~M R~AmB~3 TO R-1 PROPERTY ADJ.TO BRANCH MILL RD. (GREENWOOD)-GEORGE C. & LINDA La S~ITH Administrator Butch reported that the City Clerk's Offic~ i~ ia~ r~~efp~ of a petition protesting,the Council's adoption af Ordinanee l~o. 56 ~,So, ~.rn amendment to the Municipal Code so as to rezone from R~A~B-3 t~ R~19 ~pproxid mately 35 acres of property adjacent to Green.wood Manor, Tract N~a 2~~i, b~tween Branch Mil1 Road and the Arroyo Grande Creeka City Attorney Ship~~y r~p~~ted that he wi11 advise the Council on this matter following the 30 day p~riod in which the City Glerk must check.the sign~.tures on. the petitio~, f~r ~uffi~ien.cy, ADJOURNMENT On motion of Councilwoman Thompson, secon.ded by Counciltnax~ S~hl~~~l ~.nd unanimously carried, the meeting adjourned at 10:55 P.M. until 7030 PaM.9 September 20, 1971. ~ ~ 1 r / ATTE S T . ~ ~-~?~1Y`.3:~ ~Y;~, it, f • f % °r .t-'=~s.~ ,~_.~~fJ DEPUTY CITY CLERK MAYOR CITY COUNCIL SEPT~MBER 20, 1971 , ARROYO GRANDE, CALIFORNIA 7:30 P,M, The City Council met in adjourned regular session with Mayor Levi~e pre- siding. Upon roll call, Cou~.cil Members Schl~:gel and Thompson r~por~ed pre~ent. Councilmen Wood and Talley are absent. APPROVAL OF WARRANTS On motion of Councilman Schlegel, seconded by Councilwoman Thompson and unanimously carried,General Warrants No. 203 through No. 234, in th~ total amount of $19,023.62; Payroll Warrants No. 357 through No, 407, in the total amount of $12,950.23; and Trust and Agency Warran.ts No. 1503 through No. 1521, in the total amounf of $508.94, were approved and ordered paid. COUNCILMAN TALLEY JOINED THE COUNCIL REPORT ON RECENT COUNTY~WIDE MAYORS' MEETING BY MAYOR LEVINE: Mayor Levine gave an oral report on the recent county,~wide Mayors' meeting, stating that the Mayars have requested that the Chairman of the County Board of Supervisors, t~r a member of the Board of Supervisors, to attend the meetings of the Mayors' so that discussions would include the total County for better co- operation and coordinations of matters brqught before,them; and that the Ma.yors have requested that a report of the Counfiy Board of Supervisors recommend~.tions regarding the redistricting of the County Supervisorial Districts be sumitted to the Mayors for rheir perusal. ZONE 3 ADVISORY COMMITTEE MEETING REPORT BY COUNCILMAN SCHLEGEL Councilman Schlegel reported that 1) at Che recent Zone 3 Advisory Cogn- mittee meeting the Operational Report for Lopez Lake and Recreation Area was discussed and the Committee requested that the report be revamped and co~densed for clearer understanding; 2) the fire hydrant matter regarding metered ~harges or stand by charges is still under study; 3) it was discovered that the Com~ mittee's recommendations had not been submitted to the Board of Supex~vis~rs re- questing that the Flouridation of Lopez Water Supply be submitted to a vote of the people and that the County Board of Supervisors initiate legislation to amend the State Water Code to allow annual filing of a report with the WateY° Resources Control Board claiming ground water rights; and Mr. Deliqui~t was apecifically directed and instructed to forward these recammendations to the County Board of Supervisors; and 4) the Committee requested that a represent- ative from the Parks and Recreation Department attend the Zone 3 Advisory Committee meetings. NOTICE OF APPEAL -USE PERMIT CASE N0.71-175°PLAN.COM.APP,ELEM,DAY ~HRISoSCH.(SCOTT) Administrator Butch advised that'Byron Scott, 121 Poole St., has filed an appeal to the City Council on Use Permit Case No. 71-175, which was approved by the Planning Commission. The Public Hearing is set for 8:00 P.M., October 12,1971. AUTHORIZED CALL FOR BIDS-STREET SEALING, PROJECT N0. 90-71-1 - 10-20-71 Administrator Butch reported that Director of Public Works Anderson has pre- pared the Plans and Specifications for sealing of various City streets. After Council discussion, on motion of Councilman Schlegel, seconded by C~u~acilwoman Thompson and unanimously carried, approval and authorization was give~ to call for bids for Street Sealing, Project No. 90-71-1, said bids to be ope~ed at 2a00 P.M. October 20, 1971.