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Minutes 1972-01-25 4~~ CITY COUNCIL JANUARY 25, 1972 ARROYO GRANDE, CALI~ORNIA The City Council met in regular session with Mayor Levine presiding. Upon roil call, Council Members Schlegel, Thompson, Wood and Talley reported present. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Levine lead the Pledge of Allegiance to our Flag; and immediately thereafter, Reverend Stanley Durham of the First Southern Baptist Church of „ Grover City delivered the invoeation. APPROVAL OF MINUTES The minutes of the special meeting of January 10, 1972, and the regular meeting of January 11, 1972, were approved as prepared. APPROVAL OF WARRANTS On motion of Councilman Schlegel, seconded b~ Courie`ilwoma°m~~3'homp}s'cixY., ..and unanimously carried, General Warrants No, 560 through No. 608, in the total amount of $39,526.39; Payroll Warrants No, 840 through No. 910, in the total amount of $15,452021; and Trust and Agency Warrants No. 1597• fi~irfx Nq:._ 1600 and IQo.'-~$5~ :~hY~u ~to: 3~86~', ;in~tti~,trr~ta~ amoun~-~df;,$488;Q8,~:~t~ere'.~l~proved and ordered paid. ° REPORT ON E.O.C. ACTIVITIES Jim Thompson, the City's representative to the Economic Opportunity Commission, was present and gave an oral fourth quarterly report on the activities of this comrnission. He reported the main proJect of E.O.C. was getting people jobs; that there wi11 be no more funds except for county projects; that the Family Planning grant of $67,000 from E.O,C, will be channeled through the County; and projects will only be funded for six months, and if they work out effectively then will be funded for the remainder of the year, Mre Wiley has accepted the vacated job of Director of the Office of Economic Opportunity. Mr, Thompson further reported that it has been recommended that the size of the commission be increased from 21 members to 27p ".'~'he budget for Grass Roots and Daq Care Centers remains the same; and discussion of closing Grass Roots Centers is sti11 underway due to these centers swaying'f~om their origina~ interit. . , LEGISLATIVE REAPPORTIONMENT PROPOSAL BY LT. GOV ED REINECKE No comments were made on the proposal submitted by Lt. Governor Ed Reinecke for Council comment regarding legislative reapportionment, as the: issue had been thrown out by the Court'recently. LEAGUE OF C.C.C.C. DIV. MEETING ~ SANTA MA~IA - 2/10/72 Administrator Butch reported that notice has been received advising that the next quarterly meeting of the League of California Cities Channel Counties Division will be held in Santa Maria on February 10, 1972, with the workshop meeting starting at 4-:00 P.M,,and a combined dinner and business meeting at - 7:00 P,M. CLAIM OF M. J. HERMRECK, INC., CONTR. ON FAIR OAKS AVE. BR~DGE Administrator Butch reviewed the letter received from Attorney Weaver, who is representing M. J. Hermreck, Inc. in their claim for compensation for additional work done on the Fair 0aks Avenue Bridge project. Administrator Butch also reviewed a report from Fred Schott of the engineering firm of Williams, Schott,-Stewart & Assoc., project en~ineers on the Fair 0aks Avenue Bridge construction. Mr. Williams of th~s engineer.ing firm was present;and also commentea on the differences in their estimates of overage in pile driving and the ciaimed overage by Hermreck, inc. Council discussion indi- cated that Engineer Schott's figures coul,d not be disputed and Attorney Weaver indicated agreement to thiso After further Council discussion, on motion of Councilman Wood, seconded by Councilman Talleq and unanimouslq carried, it was approved that M< Jo Hermreck, Inc,. be paid for an overage of 96.5 feet of pile driving at $10,38 per foot on the Fair Oaks Avenue Bridge project. RESOLUTION ADOPTION - AMENDED CHERRY AVENUE PLAN LINE Administrator Butch reviewed the prior action of the Council regarding the amended Cherry Avenue Plan Line during the Public Hearing held on January llth and that the amended Plan Line Map had been prepared as directed. He also acknowledged receipt.of a letter signed by ten residents on East Cherry Avenue offering the: City 8 feet in exchange for curb, gutters and driveway approaches. Dire~~c~r of Public Works Anderson displayed diagrams s~ac~c~~ng t~e effect af taking 1~', 12' or 8' from the noxth side and pointed ou~ th~.~ the 8' ~~c~posal wo~ld ~at meet util.~.~3~ placement requirements. The Coz;r~~~1 c~%scuss~~ t~e two passible plans: ane being to take the necessary~ ~ ~ ~~C~TT'X ~0'iJNCIL ~ ~ JANUARY 25, 1972 ARROYO GRANDE, CALIFORNIA FAGE 2 land from the south side, do only a"patch job" at this time to widen the str~e~ to render it a two-way thoroughfare and build no curbs, gutters, e~Cc.; or, to c~o the ~ob properly at this time and save the City unneces- sary £~L'ttre costs. It was felt the`latter of the plans would be mast 'beneficial to the City. City Attorney Shipsey read the title of a resolution adopting an amendecl Cherry Avenue Plan Line; thereafter, a motion was made by Council- man Sehlegel, seconded by Councilman Talley and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION N0, 966 RE50LUTION ESTABLISHING "SET BACK" - "PI,AN LINES" (AMENDED PLAN LINES - CHERRY AVENUE) On motion of Councilman Talley, seconded by Councilman Schlegel and on the following roll call vote, ta wit: AYES; Council Members Schlegel, Talley and Mayor Levine NOES: ~c~uncil Members Thompson.and Wood ABSENT: None the foregoing resolution was passed and adopted this 25th day of January, 1972. pirector of Public Works Anderson thereafter outlined the procedures nex~ in order to be taken before actual work could begin on East Cherry Avenue. xEPORT BY MAYOR LEVINE ON COUNTY-WIDE MAYORS' MEETING OF JAN. 13. 1972 Mayor Levine gave $n oral report on the recent county-wide Mayors' meeting held in Paso Roblea on January 13, stating that the Mayore had approved and forwarded a~ecommendation to the County Board of Super- viso~s'that an ordinance authorizing the imposition and collection o# ~Che 17a aales tax on gasoline ef~ective July 1, 1972 be adopted. The Mayor also r~ported on a proposal which Christianson Corp. of San~a Margarita presented at the Mayors' meeti~g to eatablish an Inner Cit~ ~us Sqatem which proposal was received with favorable in~ereat if fihe corporation can ahow with relative certainty that as a private enter- prise it wi11 be finanrcially atabl~ and succesafuT. P`~(~R~S9 REPORT - POLICE CONSOLIDATION ST[T Y Adminiatrator Butch reportec~ that formal notice has been received for the approval and funding of the Police Coneolidation Study aad the firet two montha' funding is nearing approval. Adminietrator Butch and Citq`Clerk Kingaley will be traveling to Sacramento on January 31 to meet with the repreaentative from the California Council on Criminal ~''u%~Cice to discuss accounting requirements and matching requiremente, ae per ~hefr requeat. v~RflG~SS REP~RT - TRAFFIC SAFETY OFFICER Adrniniatrator Butch reviewed a letter from the Office of Traffic 5afe~~r informing Chief of Police Richardson of the approval of the applica- tion for assiatance on a traffic safety project as a part of the California Traffic Safety'P~ogram. The total amaunt of the pro~ect for an 18-month period is $29,990. Advertiaing and recruitment ia under way for a Traffic Safety and Education Officer and either an experieaced offio~r or oae we feel we can train will be hired. Administrator Butch and ~~.ty Clerk Kingsley will also meet with a representative fram the Govern.or'e Traffic Safety Council when they a~e in 3acramento to d.iscuea ~~counting proceduree and other administrative work required for thia pro,ject by the Traffic Safety Department. RESO~ AUTHOR PURCHASE OF VEH~,OLE & TIRES THRU STA PROCUR. OFFICE Administrator Butch reported that the State Office of ~urcha~~,n~ has acivised tha~ tl~e State Fro~urennent 0££~.ce ie prep~ring ta ~al~. ~aa~ bids for vehicle ac~eeaoriee and veh~.clee ~ar fiacal year 1972-73 a~d ~t~~ t.kie- Citp wi~~ee to parti~ipate ~.n th~ St~te pxo~ram, in~or~~ioa r~$arding prop~~~d v~hi~le a.~~es~oxies and ve'~icle pt~rck~aa~s mue~ be 4~~ CTTY COUNCIL JANUARY 25, 1972 ARROYO GRANDE, CALIFORNIA PAGE 3 forwarded to the State at this time. After Council discussion, City Attorney Shipsey read the title of a resolution authorizing the State Department of General Services to include in the State Call'for Bids for the purchase of tires and tubes and one California Highway Patrol Class "A" Special Service Vehicle for the City of Arroyo Grande; thereafter, a motion was made by Gouncilman Schlege~,,seconded by Councilwoma.n Thompson and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION N0, 967 A RESOLUTION OF THE CITY COUNCIL -0F THE CITY OF ARROYO GRANDE AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA T0 PURCHASE CERTAIN ITEMS. On motion of Councilman Wood, second~d by Councilwoman Thompson 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, resolution was passed and` adopted this 25th day of January, 1972, REPORT - DOWNTOWN PARKING AND IMPROVEMENT DISTR.ICT Administrator Butch reviewed aetion taken by the Downtown Parking and Improvement District in executing agreements' to lease purchase the property adjacent to Short Street and the financial arrangements made. They have requested that the Council authorize the Mayor and City Clerk to enter into the lease agreement with the Lessors who are David Loomis, Alice Rouse, Jack Pence, Don Curzon and Chester Porter. After Council discussion, on motion of Councilman Schlegel, seconded by Councilwoman Z'h.ampson, and unanimously carried, the Mayor and City Clerk were authorized to enter into'a lease ' agreement on behalf of the City with the aforementioried:Le~sors for'property adjacent to Short Street and pay tfie first year's rental payment. RESTGN. - PARK. & BUS. IMPROV. AREA ADVISORY BOARD - BILL SMITH Administrator Butch'advised of the resignation of Bi11 Smith from the Parking & Business Improvement Area Advisory Board. 'After:'Council diseussion, on motion of Councilman Talley, seconded by Councilman Wood and unanimously carried, the resignation of Bil1 Smith from the'Parking & Business Improve- ment Area Advisory Board was accepted. APPOINT. OF PARK. & BUS, IMPROV. AREA ADVIS. BOARD - MR. BEVERLY NIALIS Administrator Butch advised that Mr. Beverly Malis has been recornmended to be appointed to the Parking and Business Improvement Area Advisory Board to fi11 the vacancy created by the resignation of Bi11 Smith. On motion of Councilman Sehlegel, seconded by Councilwoman Thompson and unanimous'ly carried, Mr. Beverly Malis was appointed to serve on the Parking & Business Improve- ment Area Advisory Board, with his term of oft'ice expiring on Feb. 1, 1973. REAFPOINT. OF PARK, & BUS. IMPROV. AREA ADVIS. BOARD MEMBER - PEGGY PORTER David Loomis advised that the term of office of Parking and Business Improvement Area Advisory Board Member Peggy Porter wi11 expire February 1, 1972 and he ~ecommended her reappointment as she has indicated her willingness to continue to serve on'this Board. After Council discussion, on motion of Councilwoman Thompson, seconded by Councilmari Schlegel and unani.mously carried, Peggy Forter was reappo:inted to serve as a member on the Arroyo Grande Parking and Business Improvement Area Advisory Board with her term of office terminating on February 1, 1975. REPORT ON RECENT UNDERGROUND UTILITY COORDINAT'ING COMMITTEE MEETING Councilman Schlegel gave an oral report on the recent Underground Utility Coordinating Committee meeting, indicating that the limits of the Branch Street underground were diseussed and power pole placement`pinpointe@. " RECEIPT OF Q~iL~RTERLY REPORT OF WOODS ANIMAL SHELTER Admini~~t~ator Butch rev~,ewed the report submitted by Woods Animal Sh~Tter showi~g th.~~r financzal and statistical activity for the period from: 9/~./"sI ~o I2/37./~I. The ~eport was reeeived by the C~uncil,..~eviewed and orde~°ed fi l~si ~ CITY COUNCIL JANUARY 25, 1972 ARROYO GRANDE, CALIFORNIA PAGE 4 DISCUSSION OF PROCEDURES RE: CLAIMS AGAINST CITY Administrator Butch and City Attorney Shipsey gave their interpre- tation of the new recommended procedure for claims handling by California ~ pttblic entities sent by Pacific Indemnit~ Group. After Council discussion, k Administrator Butch was directed to have the procedures clarified as there ;,seemed to be some confusion. RECEIPT OF DECADE REPORT FROM STATE DEPART OF PAR.KS & RECREATION The Decade Report from the State Department of Parks and Recreation was received by ~he Council, reviewed and ordered filed. STATE AUTHORIZ. STRONG MOTION INSTRUMENTATION PROGRAM .Administrator Butch reviewed recent legislation which will set up a"Strong Motion Instrumentation Program" (earthquake measuring devices), Which will be ft~nded by a charge of 7~ per one thousand dollars assessment of ~he es~i.mated construction cost of all structures, as determined by the issuance of building permits. The City is required to levy and collect this assessment at the time of issuing permits and remit the funds to the Department of Conservation on a quarterly basis. 1This measure will go into effect March 4, 1972. RESOL. AUTHORIZ, C/M TO FILE WRIT. ARGU. FOR HUASNA 2 ANNEX. - ELEC, MEAS.4/11/72 Administrator Butch advised that with the forthcoming election, the Council shotzld a~.opt a resolution authorizing certain Council Members to file written arguments for the City meas~tres which will be submitted to tlie qualified electors; one being an ord,inance annexing to the City of Arroyo Grande certain uninhabited territory designated as "Huasna Road No. 2"9 After Council discussion, City Attorney Shipsey read the title af a resolution authorizing Council Members Thampson, Schlegel and Wood ~ to file a written argument for an ordinance relating to annexation to said City of certain uninhabited territory designated as "Huasna Road No. 2 Annexation"; thereafter, a motion was made by Councilman Schlegel, seconded bq Councilwoman Thampson and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION N0, 968 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, AUTHORIZING C~~TAIN OF ITS MEMBERS TO FILE A WRITTEN A~.-GUMENT FOR A CITY MEASURE On motion of Councilwamari_~hompson,-:secanded°by Couric.ilma.n Talley and on the following roll call vote, to wit: AYES: Council Members Schlegel, Thompson, Wood, Talley and Ma.yor Levine NOES: None ABSENT: None the foregoing resolution was passed and adopted this 25th day of January, 1972. RESOL, AUTHORIZ. C/M TO k'ILE WRIT. ARGU. FOR REZONE (GREENWOOD) - ELEC, MEAS. 4 11 72 Cit~ ACtorney Shipsey read the title of a resolution authorizing Council Members Talle~, Schlegel and Mayor Levine to file a written argument for an ordinanee relating to rezoning of certain propezty ~.long the easterlq portion of the City of Arroyo Grande adjacent to Greenwood Manor from R-A-B-3 to R-1; thereafter, a motion was made by Councilman'Schlegel, seconded by Councilwoma.n Thampson and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION N0. 969 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIAy AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR A CITY MEASURE 493 CTTY COUNCIL JANUARY 25, 1972 ARROYO GRANDE, CALIFORNIA PAGE 5 On motion of Councilman Talley, seconded by Councilman Schlegel, and on the'following roll call vote, to wifi: AYES: Council Mernbers Schlegel, 'I'hompson, Wood, Talley and Ma.yor Zevine. NOES : None ABSENT: None the foregoing resolution taas passed and adopted this 25th day of January, 1972. RESOLUTION ADOPT. - BUS LOADING ZONE ON ~INDA DRIVE Administrator Butch reported that the widening of Linda Drive for loading and unloa~.ing of school buses has been completed and it is recommended that the Council establish, by resolution, a bus loading zone on Linda Drive, After Council discussion, City Attorney Shipsey read the title of a resolution restricting parking and prohibiting parking on a portion of Linda Drive; thereafter, a motion was made by Councilman Schlegel, seconded by Council- woman Thompson and unanimousl~ carried, to dispense with reading the balance of this resolution. RESOLUTION N0. 970 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AR.ROYO GRANDE RESTRICTING PARKING AND PROHIBITING PARKING -0N A PORTION OF LINDA DRIVE -0n motion of Councilma.n Talley, seconded by Councilman Wood, and on ~he following ro11 call vote, to wit: AYES: Council Members Schlegel, Thampson, Wood, Talley and Mayor Levine NOES: None ABSENT: None the foregoing resolution was passed and adopted this 25th day-of January, 1972: P.~ANNING DISTRICTS AS ADOPT. BY COUNCIL ON INTERGOVERNMENTAL RELATIONS Administratar $utch reviewed a report received from the California Council on Intergovernmental Relations and the Planning D~stricts theq adopted. San Luis Obispo County has been placed into Planning District No. 7 which includes,the Counties of Santa Cruz, San Benito, Monterey and Santa Barbara. Cauncilman Talley reported that San Luis Obispo County is still making an effort to form a Planning District with just Santa..Barbara Gounty. REPORT_- CITY RARTIC. IN ST. GRADE CHANGES MADE ON ST PRDJECTS BY CITY City Attorney Shipsey reported that in his opinion when a street grade change is made on a street project by the City which thereafter makes pre- existing driveways inaccess ible or are otherwise damaged due to the grade change, that the City is liable for remedying the situation. In meeting with Director of Public Works Anderson and Dave Romero, Director of Public Works for the City of San Luis Obispo, he was informed that San Luis Obispo has no grade change poliey but there are certain code sections t~hi.ch:ref2r-to a,ssessment proceeding claims. ORAL REPORT - WATER RESOURCES ADVISORY COMMITTEE MEETING - COUNCILWOMAN THOMPSON Councilwoman Tlzompson gave an oral report on the recent County-wide Water Resources Advisory Conanittee meeting, stating that the Water and Sewerage Master Plan for the Cov.nty of San Luis Obispo was reviewed and discussed. PRQGRESS REPORT - CROSS CONNECTION PROGRAM Administrator Butch and Director of Public Works Anderson reviewed the County~wide Cross Connection Program and reported that County Health Depart- ment Inspector, Mr. Bedl,ion, started inspection for cross connection prevention in the Cit~ of Arroyo G~~.nde on January 12, 1972. It app~ars the program will be beneficial to the City and seems to be working out quite well. REPORT - ZONE 3 ADVISORY COMMITTEE MEETI~TG - GOUNCILMAN SCHLEGEL Councilman Schlegel reported orally on the January 20th meeting of the Zone Three Advisory Conanittee, at which the operational reports for November and December were stxbmitted, but there was no meetin~ of the committee in Dec. ~ CITY COUNCIL JANUARY 25, 1972 ARR.OYO GRANDE, CALIFORNIA PAGE 6 i,ee Wilson of Arroyo Grande submitted a report of the Wilderness Area p~oposal and Harold Miossi of San Luis Obispo spoke in favor of it. Cotzncilman Schlegel further reported that a representative of the National Forest Range h~.d also been present and had pointed out the restrictions that would be pI•a.ced on them in taking fire prevention aetion to protect water shed in the Lopez area if it is declared a"Wilderness Area"o Another meeting will be held next month to take the National Forest Ranger's plan into consideration. PRO~RESS REPORT - ARROYO GRANDE SEWER ASSESSMENT DISTRICT Ac~ministrator Butch reported that the County Board of Supervisors h~:s approved the amended agreement as discussed at the special Council meeting of Januarq l0, wherein the City would be responsible for payment of funds to the Project Engineer. Bob Goulart, 801 Opal Circle, questioned the costs af the Sewer Assessment District and the effect of the requested exemptions to the whole plan. ORAL REPORT - OCEANO IMPROVEMENT ASSOCIATION - AL BAUGHMAN Mr. A1 Baughman of the Oceano Improvement Association voiced his disapproval of our Planning Department's suggestions regarding proposed developments in Oceano. Mayor Levine pointed out that the State had set up the provision allowing adjoining Cities to ma.ke reco~nendations for development in unincorporated areas up to a three mile radius of the City's boundari~:s. Mayor Levine also reconanended tha.t a review of the problem be ma.de. REQUEST FOR LETTER OF COMMEND TO LAW ENFORC AGCS ASSIST IN SOC DISTURB Administrator Butch reported that Chief of Police Richardson has requested that a letter of thanks go to all law enforcement agencies that assisted so effectively in the recent social disturbance at the Valley I Road Campus High School in Arroyo Grande. REQUEST FOR CLEAN-UP AT COUNTY STOCK PILE AREA - HUASNA ROAD Cotxncilman Talley pointed out the clutter and littering that has occurxed on the southerly side of Huasna Road in the westerly portion of the Hua.si~a Road No. 3 annexation, which area is used to stock pile Cot~ntX roa~ ma~exials, and requested that steps be taken to have this condition improved> FORMATION OF HUMAN RELATIONS COMMISSION URGED BY MAYOR LEVINE Ma:yor Levine suggested that the formation of a Human Relations Co~ntnission in the Sot~.th County might be most beneficial in avoiding ft~ture incidents such as the recent one at the Valley Road Campus. The connnission would serve as a sounding board for curtailing problems before they grow oya.t of proportion and it wo~tld investigate existing problems in an effort to alleviate their growth and enable amicable and benefieial settlements for all involved. ADJOURNMENT On motion of Councilman Wood, seconded by Councilman Talley and unanimausly carried, the meeting adjourned at 10:22 P.M, , ~ ~1-.,__~, AT~'EST~ ;>L-~-,~~ ~ CITY C K MAYOR