Minutes 1973-02-27
1b~ ' .
, .+~~TY COUNCII, FEBRUARY 27, 1973
, ARROYO GRANDE, CA~IFQRNIA
The City~ Cc~~.nci~ ~a~=~. in r~g~xlar sessi~n wit~ Mayor Sch~egel presiding.
Upon roll call, Co~nc~1 M~rcabers Mi3.lis, Talle~, Wo~d and de ~ean reported presento
PLED~E AF AL~E~IA~iCE ANI9 Iio3VOCA°TI0~1
Mayor Sc~leg~l l~ad. the ~~~dge of A11eg~.ance to o~r F~ag; and immediately
ther~after, Co~nci~~n~n Millis ci~liv~red. ~~e ~.nvocat~.on.
,APPROVAY~ OF MINUTES
C~unc~l~n~n Tal~.~y correct~ci *th~ ~?ina~tes ~:f ~~ebruar~ 13, 1973, Page 1, under
the Y~eading NOTTCE ~F P~TITION REC~IPT QPP~SING ADOPTION OF ORI3INANCE 77 C.S.,
last sentenc~ ~o r~acl "Cit~ Attorn~y Shipsey expl~~ned that the City Clerk has
thirty da~s fro~? th~ rece~pt of said p~titi~n to c~r~ify tlaat the p~tition is
sign~d by t~n p~r c~n~ (10%) of the electors residing within the City Limits of
Arroyo Grande, a.ft~~ raP~a.c~a the Caa~n.~il may plac~ tflie anatter on a special election
ballot or x°ep~a3~ th~ ardznance." The~eafter, on anotion ~f Councilman Talley,
seconded by Cottnc~~~~r~ M~~ ~is ~nd i~n~.ni:r~s~usl;r carr~,~d~ ~~x~ mfn~tes of the regular
meeting of Febr~ary 1~<, W:a~;l~ ~pprc~~~~ ~a ~y~~pax~~. ~~ci ca~x°~~~-~d.
APPR~VAL OF WARRANTS
On Tnot~on of.Counci~man de I.eon, seconded b~ Cc~unci].man Wood ~nd unanimously
carried, General Warrants 1Voo 12021 thro~igh No. ~2025, Noo 12027 ~nd Noo 12028, and
No. 12107 thro~gh No. 121~3, in the tc~tal a~ount of $9,979083; Pa~ro11 War~°ants
No. 4620 ar~d iVo. 5234 tl~roaxgh Nmo 5~90, an th~ total amount of $17,032.~0; and
Trust & Agency Warxants Noo 1934 th~o~gh Na, 1965, in ~h~ total an~aount of
$11,296.26, were ~gprov~~ ~nc~ o~dex°ed paid.
RECEIPT QF PETITTON FOR PATtK ~T RESERVOIR NG. 2- AUT~30R NEGOTIAT FOR ACCESS
Admini~tra~o~ ~~1t~~ read a petitiun dated Febr~~ary 139 1973 and signed by
27 resident~ in th~ N~~ap~r~°NI~~.tego area, req~esting the C~ancil's support of the
Parks and Recrea~ion Co~rani~sion.'s ~~co~nmenda~ion tc~ develop a park at the
Reservoir No. 2 si~e. It was not~d that this ~°e~a~siendation had previously been
discussed b~ tY~e C~~.nc~l, baat th~ problean of acc~ss to the site had been
encounter~d. Counca~.l discuss~on proce~cY~d at length reg~.rc~ing the site, parking
space, and access pro~al~~s. Dir~ctor ~f Pixbli~ Works Anderson d.isplayed a map
of the Reservoir 1Va. 2~rea, expl~ining that th~re is ~pproxfmately an acre of
land available for p~rk ~tseo Mrs, N~ncy A~n Dav~.s, 1~431 Newport Avenue9 was
present and c~~ment~d on tne matt~ro Cou~cil disc~ssion continued regarding
necessary impx°~vemente t~ ~'~°~e proposed p~.rk sit~9 and it was generally agreed
that the ax°ea wQUlci b~ left in it~ natura.~ sta~~ ~ith a few areas leveled off
far picnic ar~a~.
After f~art~?~r Cduncil discussion, on nnotiorc of Cotanc~lanan Millis,
seconded by Co~ncil~nan Waod ~.nd a~nani~nously carried, a~thorization was given
to the City to n~gc~ti.a~e for ~~,.c~ purc~a~~ of a vac~nt lot Qn Montego Street,
to providc: ~deq~.at~ a~c~ss ta ~h~ progo~~d park at tl~e Tteservoir Noo 2 site.
R~GEIPT OF CERT, OF SU~°FICIEIVCY RE PETITION PROTESTING ORD NO 77 C S
The Council r~c~ived a Certificate of Sufficiency, clated February 22, 1973,
and signe~ by City Clerk Kingsle~g wl~ich certified that she had checked the
Ref~~°endaam Pe~;ition pro~~s~ing ti~e adlap~icsn of City Ordin~nce No. 77 C.S.,
rezoning fro~ R~,-°B3 to RaG,°D, an area bc~rdered on the west by Arroyo G~ande
Creelc and on tYse norrch by F~ir Oaks Aven~e, and tt~at to the best of h~er know+-
ledge, the Petition is signed by ten per c~nt (10%) of the electors residing
within the C~ty Li*nits of Ax°x°oya Grande.
City A~~tora~ey SY~ipsey advised that the re~oning 0~°dinance No. 77 C.S.
is subject to R~feren~u?n Petitbon, th~.t ~n his opinion the petit~.on is adequate
and that ~he C~ty Co~.n~il co~xld ~i~her repeal the ordinance or sub~xit it to a
vote of the peopleo
Th~ C~~nc~l disc~ssed wh~,t c~~trse ~f ae~fon tl~e~ st~oanld take at this
ti~ne, a~.d. r~.yo~° Sc1~3.~gel ~ead a prepared. st~:~emer~t ~which included the recommenda-
tion that a C~tiz~ns Cc~~n°~tt~e b~ form~d of 1~ tc~ 15 of the petition signers,
who will wortc ~aith t1~e Pl~nning Staff anc~ Planning Casxm~i~sion ~o re°evaluate the
Land Use Elernexit of ~'he ~enex°aI Plan,
Aft~r Council disc~sssion, on motian of Ma~or Sc~legel, se~conded by
Cauncilrnan Millis ~nd. carried, ~:~t~r Att~z°ney Shipsey was authorized to prepare
an ordinance ~°escin~.a.ng th~ adaption af O~d.in~.nc~ No~. 77 C.S.
16~
CITY COUNCI~, FEBRttARY 2~, ~973
ARROYO GRAI~DE, ~.~T.~~"OR~I~A PAG~ '2
REQUEST FOR ~YISEii^1A~I~ ~~T THE PIKE ~ iVO. OCEAN~ ~3~M~NT:~RY SGZ~OOL
Ad~~n~~tr~~o~° ~3an~ch x°ead ~~ette~° d~~~cfl F~b~°~~n~~~ T6, ~9~39 from t~e
Chaia°~an of l~~r~~ ~~~~no P~r~n~ St~.d.~ ~ra~~ ~n~ t~,e Cka~i~caan t&n~-Oce~.no
Par~nt 5~~~~ G~~~p~ 3tar~~c~t~r~g ~~~ace~n ~a~r~t~ c~f ct~il~r~n walk~ng to anc~.
froam ~c~iool ~~.~n~ Tl~~ Pike tia~a~~~ th~re ~r~ no ~~,d~~~.~~s. TYs~ lett~x° ~eq~ested
cons~.~er~.~~.on ~f ~~~c.~.~~p wal~s ia?~.. ~nd ~c~d~~i~nalY~ ~~~~~~t~d a cros~-
walk to P~~a~ P~~~~9 s~~~~~. icfl~~ll~ a cross~~~ ~~a~~d. ~h~~~.d ~.l~c~ b~ p~ovid~d.
Ad~~n~s~~a~~~ ~~tch inc~~cat~d tl~a~ ~a~t~~ ~.a~ b~en ~~fe~red to
Polfc~ C~nie£ Ci~:~i~ ~ncY D~r~~~o~ of P~.b~i~ W~r~C~ And~r~on for t~heir r~vi~w. The
Co~ancil di~~a~s~~c~ t~~ ~ra~~t~~ bri~f~~~ C~~xnc~,l~an !°~~~i~y a~so po~nting o~n~ t~.~
hazardoa~~ ~o~n~r c~f £i~.~.c~ron ~nd Z°~e Pik~. Coa~~~~l ~ction on this ~natter was
helcl in ab~~~,n~~~, p~nd~.r~g x°~ceipt of repc~rts from Police C1~ief Clark and.
Diir~~to~° of F~~~1~c W~~ks And~rsoxx regard.in~ ~l~~~r ~indira~s and r~co~r¢n~ndations.
PROCLAMATION m 1°~1NIERTCA~ ~'IE~D SERVICE WEEK" ~ FEB. ~aT~3. ~'HRU MARCH 5TH
Ma.~~x~ 5~~3.eg~l p~°~~l~,im~d t1~~ week. of F~b~.ary~ 2~th ~hro~gh I~arch Sth,
1973, as "z~~~~.c~n ~~~~.d Servic~ Week" in th~ Cit~~ of Arroyo Grand~ 9, as
requesterl. b~ Rcas~~aa~~ °~~ll~yv a, sponsor of th~ p~og~am.
TREASi3RER' S REPORT F~?R THE MONTH OF JAIV[~ARY 4 19~3
Tkae Tr~as-~~~res R~pa~°t for t1~~ Mcant~ of:3an~~ry, ~973, v,ras recea.v~d by
tl~e Ca~nn~il, r~vi~~~d and o~de~°~d fil~d.
M[TNI. CODE AN1~Na, °~RDI~ANCE AUOPTION - GARBAGE CO~.~ECTION RATES
Gi~~ A~~c~~xa~~r Sk~~.pse~ rea~ th.~ ~itl~ of ~n ox~inance amending th.e
Ma~.nicipal Co~~ ~~~~,~~n~ ~o garbage call~ctiar~ ~at~s, c~Y~~c1~ c~ill become
~ff~ct~~e Apr~~ ~A 19d39 th~~r~after, a motion w~.s rna~~ b~ Councilman Millis,
second~d b~ ~~~.nci~rx~.n c~.e L~on and. unan~.xn~usly c~rried~ ~o dispense with
reading b~.~.~.ne~ of t~nz.s ordinance.
ORDINANCE N0. 79 C.S.
AL~ QRDI~AI~CE OF TI~.E CITY OF ~RROYO GR~NDE ~MENI2ING
CHAPTER 4 Q~ T~TI,~ 6 OF THE ARROYO GRANDE MIJNICIPAL
GODE RELATIN~ TO GARBAGE COLLECTION RA'~ES.
On anotit~~ c~f Cat~nci~,a~an Talbey, second~d bg~ Councilman Millis and on
the fnl.'lo~~n~ rcl~ call vo~es to ~ait:
AYES. C~P~.ncil~~n M~llis, Tall~y9 Waod, d~ ~:,eon and Mag~or Schl~gel
NOES : I~r~r~e
ABSE:~T: N~n~
the fox°egc~i~g Or~~.n~,ne~ was passed and adnpted t~is ~7th. day of Febr~.ary, 1973.
REAPPOI~TT. QF PARK:. & BtTS , IMPROV, . AREA ADVIS . Bf~ARD MEMBERS m R~ITSE & MALIS
Ad~n~n~s~ra~o~ Bzntc~ advised ~ha~ th.e Parl~ing and B~siness I~aprovez~nt Area
Aclv~.sor~ Boaxd Y~~.s reco~a~nd~~ tY~~ ~°~appc~a.nt~~r~t~ c~f Mx°s . Al~ee Rouse and Mr. Bev
Malis to t1~e Ba~rd, ~~°b~s~ ~€:rins ~xpir~d F~b~°~n~.x~ ~973 and each ~nas indieated
willingnes~ to s~~v-~ on ~l~e Board ~.gain: Af~er Co~ncil discus~ion; on motion of
Coun~il~r~ T~lle~, s~cornd~d lb~ Councila~an a.~: L~on-and unaninno~zsl~ carried, Alice
Ra~xs~ and B~v~rl~ M~.lz~ c,~~~~ reappoint~d ~c~ ~~;rv~ can tY~e Parking and: Business
Improve~~nt A~~a Ad~r~.se~ry Board.S ~riti~ ~ae~n of tl~~ir *~eran of office to ~xpir~
Febnaary 1, 19~~.
NOTICE RE. PR~~~7S~D 1~J~ 130ND ACT T~ FUND ACQUISIT. (?F PARKS, BEACHES, ETC,
Admin~st~~.tc~r B~.tc~x r~view~d a l~~t~r dated F~br~ary 13, 1973, received
f~ogn GTilli~.~ri P~nr~ M~t~t, J~.9 Director of t..h_~ Sta~~ Departanent of Pa~ks &
Recrea~fon, ~~g~rd~.ng a propos~d 19~~+ Band Act ~fl~ich tiaf11 b~ s~abmitted to voters
in J~ne of 19~4a TE~~~. A~t ~ai~i~. provid~ grants to c~~.nties far th~ acqxtisition -and
establi.sht~n~nt of b~acYz3 ~~rk ~nd ~ecrea~zon~.1 f~c~li~~.~s.
SET PUB~,TC HEA,R.~]~~TA$., .,~'DERGROUI~TD t3TIY~ITY DIST~, 1°A MAiRGH 2~ ~ 1973
A~.mina.st~~~c;r Fi~a:~c?~ re~or~~d th~t t~.~ F~br~ar~r l~th ine~ta.ng of the
Undergro~nnc~ U~i1~*y C~o~cfl~n~.~ing Co~it~ee9 i~ ~~.d be~n r~commencied that the
City Co~nci~l ac~o~a~ a~°~,sc~Y~tiQn es~~blisY~ing Dist~ict l~o, 1°A, wh:~~h will
extend the u.nclergro~ndin~ fro~, ~T~vada Str~et ts~ th.~ P~.~ific Coas~ Railwa~
rigkt-of°w~.~ a.~ C~oe~rn I3f~,1.
CITY COU'NCIL FEBRUARY 27, 1973
ARR.OYO GRANDE, CALIFORNTA PAGE'3 "
After Co~.ncil d.isca~ssi.on, on motion of CounciZyn~n Talleg~, seconded by
Councilman Mf11~,s ~nci ~.naniflnously carried, a public hearing w~~ set tor March 27th,
1973, at 8:00 P.M, foz trze ae~option of a resoluti~n establishing Unclergrot?nd
Utili~ty D~.stric~ N~, 1-A frorn Nevada Street to the P.C. Railway rlght°of-way.
AUTHORIZE PUR~HASE NEGOTIATI~NS FOR HENDRIX AL~LEYW~Y PROPERTY
Cd~ncil~san T~1c~od r~ported on the recent rn~~ting h~Id by h.imself, Mayor
Schlegel ~nd. Ad~,in~s~ratar Butch with. Mr. Hendrix, regard.ing the City's acquisition
c~f 3~I"r. "Hen~.rix's ~.ll~y~way property for the developan~nt of t~.is alley, He indi-
cated that Mr. Hend.ii:x is willing to sell the property ~to the City fn'r $3;000, but
will not d~~.icate it ~o the City f'or free. Th.e Co~ncil disc~tssed tt~e matter at
length, aft~r s~ahich a mo~ion was made by Cauncilm~n Wood, second~d by ~auncilman
de Leon and on t1~~ fvllowing roll call vote, to wit: AYES: Councilmen Wood,
de Leon and M,~.y+~r Schlegel; NOES: Councilmen Millis and Ta11ey; ABSENT; None,
authorization o;~~.~ gi~~n to negotiate with Mr. H~nd~rix the City's purchase"of his
property in t~ae alieyway between ShoXt and Bridg~ Str~ets, at a price noti to
exceed $3,000.00, ~5~.ic1~ amount is to be btxdgeted fnr. this purpose in the 'next ~
fiscal year.
. RECEIPT OF C L4.TM FROM ~USSIE HARWOOD RE. PER80NA~ INJURIES - DENIED
Administx°~.tor Bt~tch advised that a Notice of Claim has been filed"against
the City by Utn~~ie Harwood. for person,al injuries sustained during a fall on
City sidewallcs. The City!s insurance agents recommended that the claim be
denied b~ tl~e Co~ncil, as it had not been filed witl~in the timerallowed by the
Statute of Lir~i~~.tinns. After Council discussion, on motion caf Councilman
de Leon, second.ed by Councilman Woad and unanimously carried, the claim of
Gussie Ha.rwoad was denieds
RESOL, AD~PT. ° IN`.rENT. T0 APPROVE CONTRACT AMEND. RE RETIRED EMPLOYEES ALLOWANC,~,,
Adma.nist~ator Bu~ch reviewed notices received from the Pu~.lic Employees'
Retirement S~st~~ regarding recent legislation which granted a 5% allowance
incr~ase for r~tirPd. employe~s. The inc~ease to the City for its two retired
employ~es is $56~.GO, which is refiroactive, covering the period from January l,
1971 to tl~~ p~°~~~nt. Afte~ Council discussion, C~ty Attorney Shipsey read the
title of a reso'l~ta_on of intention to approve an amendment to the contract
between the Cit~ an~. Public Employees' Retirement System; thereafter, a motion
was made by Co~~ncilx~~,n. Talley, seconded by Councilman Millis and unan~.mously
carried, to dispens~ with reading the balance of this resolution.
RESOLUTION N0. 1023
A RESQLIJTION OF THE CZTY COUNCIL OF THE CITY OF ARROYO
GRAI~DE SETTING FORTH ITS INTENTION TO APPROVE AN AMEND-
MENT'T~ CON'~RACT BETWEEN THE BOARD OF ADMINISTRATION OF
TkIE PUBi,T.C EMPIAYEES' RETIREMENT SYSTEM AND THE CITY
COT~3CTi, 0F T'HE CITY OF ARRQYO GRANDE.
_ On znotion of Ca~ncilman de Leon, seconded by Councilman Wood,and on the
following ~oll ca11 vote, ~o wit: .
AYES: C~aa,n~ilmen Milliss Ta11ey, Wood, de Leon and Ma.yor Schlegel .
NOESa Nc~n~
ABSEI~TT a I~Io~:e
the for~going r~sal~.tion was passed.and adopted this 27th day of February, 1973.
.LETTER FR~DM WO~DS [~NIN1~L SI~ELTER RE. ' 73-' 74 BUDGET
Ad.mini~~rator Butch reviewed a letter dated January 2~th from Mrs. Harold
E. Lee. of th~ Woc~c~'s Ana.inal Shelter, advising that their proposed budget for ~he
fiscal year 197:~°19~4 would be available to the Council ~.pon reqt~est. The budget
has been req~.~st~d ~.nd c~*i1.1 be presented to the Council for their consideration
upon receipt.
SET Pi7BLIC HEARING - REZ0IVE CASE 73-66 RA-B3 TO R-G°D HUASNA RD - MARCH 13TH
Adininist~°~.tnr B~rch advised tha.t a recommendation has b~en received from
the P1ann~ng Corranissic~n to amend the Municipal Code by rezoning approximately
7 acres an H~zasna Rc~ad across from Rosewood Lane f~om RA-B3 ~o R°G-D with a
62 unit per acre density. After Council discussion, on motion of Councilman
Talley, sec~ncicd bg~ C~~.~ilynan de Lson and unanimously carried, a public hearin,g
.
CITY COUNCIT~ FEBRUARY 27, Ig73"
ARROYO GRANDE, CALIFqItNIA PAGE 4
was set for 8;00 P.Mo, M~rch 13, 197~, on the rezoning application submitted by
Mudge, Fel~y and ~~.~gford.
LETTER OF° RESICrVr`1~~QN - PLANNING COMMISSIONER ROGER ST DEDIIS
Administ~°~.tor B~atch read a letter af r~signation received. from Roger A.
St. Denis, to b~ ~ffective Ma.rch 1, 1973. After Council discussion, on motion
of Council~nan d.~ I,~on, seconded l~y Councilman Wood and. ~.nanimous~.y carried, the
resignation of R~ger A. St. IDenis from the Planning Coanrnission, effective
March l, 19~3, w~.s acc~pted with regrets; and Adminxstrator Baxtch was i,nstructed
to write ~ 10t~~r of th.anks and appreciation to Mr. St. Denis for t~.is service to
the City.
APPOINTMENT OF PI.A~T~dING COMMISSIONER LOWELL L CALHOQN
Mayar Scl~leg~T r~coamnended that.Lowe11 La Calhoon be appointed to the
Planning ~o~nission-~o fi31 the vacancy created by the resignation of Roger
St. Denis. K~n ~~tian of Councilman Mi11is, seconded by Councilman de Leon and
unanimously carr~~d, Lozaell L. Calhoon, 3SO Catxrtland Street, was appointed to
serve as a Com~aissioner on the Arroyo Grande Planning ~orrmission, with his
term of o~'fic~ to expire on June 30, 1974.
APPOINTM~NT'OF'PARKS & RECREATTON COMMISSIONER GARY EVAN DAY
M~.~or S~hl~g~ 1 recoiranended that Gary Ev~.n Day be appoi,nted to the Parks
and Recreation Cc~Yrnnission to fill the vacancy created by the resignation of
James Bellot. On ~n~tion af Councilman Talley, seconded by Councilman de Leon
and un~,nimnusl~ c~.~ried, Gary Evan Day, 177 Pearw~ood, was appointed to serve
-as a Commissioner ora the Parks and Recxeation Commission, with his term of
office t~ e~pi~°~ J~ne 30, 1973.
ORAL REPORT - C~4 WATER RESOURCES ADVIS COMMITTEE MEETING - COUNCILMAN DE LEO1~I
C~r~ncilx~an d~ Zeon gave an araT report on the February 22nd meeting of the
County W~.ter° R~~o~~rc~s Advisory Ccmimittee, stating tha,t a flood damage report
was given by C1~.~.~ Mi~.ne, and Mr. Ken Woodward gave an in depth report
regarding a~.audic~.tion of water rights.
NOTICE AF MEETII~TG TO DISCUSS ADJUDICATION OF WATER - FEBRUARY 28~H
Ma~or ScY~l~g~l informed the Council that County Supervisor Mankins has
scheduled ~.st~eeting at 7:30 P,M, on February-28, 1973 in Room 100 of the Arroyo
Grande High School, for the discussion of adjudication of water rights with the
City Co~ncils of'Pismo Beach, Grover City, Arroyo Grande and Cov.nty service
Area ~~~3 0
ORAL REPOR~' - ZONE THR.EE ADVISORY GOMMITTEE - COUNCILMAN TALLEY
Ce~uitciim~,n Talley reported that the scheduled February 15th meeting of the
Zone Three Adviso~y Committee had been cancelled due to the lack of a quorum, but
that two ~~po~ts had been received regarding l) Grover City's blending of their
well w~t~r, ~.r~d 2~ an attendance report for the winter season at Lopez Recrea-
tional facili~~~s.
INFORMATION RE. S4~L~JTION TO TALLY HO ROAD DRAINAGE:PROB~EM
Admini~tr~~or B~ntch read a letter dated February 9th from Deputy County
Engineer C1i.ntor;. Miln~ regarding the City°s requested cooperation from the
County in ~olv~.ng t~ae d.rafnage p~oblem in the vicinity af Ta11y Ho Road.` The
letter sugges~~.d ~Ys~ formation vf a flood ccantrol zone and included informaG~on
regard~,ng reqaa~~°ements for this type of formation. After Council discussion,
Ad.minist~°ato~° Ba~t~~ w~.s requested to look into ~he matter further. Administra-
tor Butch ~.1a~ inc~icated that the Gorps of Engineers has been approached for
possible help ~n t1~~zs matter and that hopefully the County, City and'Coxps of
Engineers c~.n ~c~rk tagether in correcting the drainage problem in the area.
RESOL. ADOP'~. AUTHORTZE APPLICATION FOR FEDERAL ASSISTANCE FQk FZ00D DAMAGE
Admina.~t~~.~or Butch reported that he and Director of Public Works Anderson
had rnet with f~:d~r~l x°epresentatives regarding federal financial assistance for
flood dama~e ~.nd ~aae application forms tor this purpose. He r~commended the
Council°s a~.optf.on of a resolution authorizing him and Director of Public Works
Anderson to sig~. t~.~ necessary documents for this application, which eould
result in t'he City°s recove~ing between $12,000 and $15,000 which was expended
for flood ~naint~na~.c.~ and debris cleanup.
.
~ ~
CITY COUI~CIL FEBRUARY 2?, I973
ARROYO GRANDE, CALIF~RNIA P1~GE 5
Afte~° C~~anca.i e~isc~.ssion9 Cit~ At~orn~~r Sh~ps~y read th.~ ti~l~ ~f a
resolution aa~~&~or~zing t1~~ Admi.nistx°ativ~ ~ffice~° ~,nd/~r D~rector of Pu.blic
Works to s~gn tl~~ applic~.tion for da~nage clafa-~~ t~i~reaf~~r, a anotion was made
by Councilman Wood, seconded b~r Cc~~ncilman d~ Leon and, txnanimotasly carried, to
dispens~ wi~h. r~ading t~~ bal~nc~ of th~~ r~solaation.
R.E~OLU~I~N N0. 1024.
A RESOI,LTTZ~Z~ ~F TT~E CITY COUNCIL C3F "CHE CITY OF ARROYO
GRANDE AU~~ORIZING THE AbMINISTRATIVE OFFIC~R AIQD/OR
DIRECTOR OF PUBLIC WORIiS T~D S IG1V APPLICATIO~ FOR DAMAGE
CLAIM WITH THE OFFICE 0~' EMERGENCY PREPAREDIVESS .
' On ~oti~n caf Cz~°~ncilman de Leon, seconded by Co~anczlma.n Wood and on the
follo~aing x°o~~ c~11 ~ot~, to wit:
AYES: Cz~~;;ncilmien Mi11is, Tall~y, Wood, c1e I~~on and Ma.yor Schlegel
NOESo 1Vo~a _
ABSEIVT: N~n~
the foregoing r~so~.ibtion was passed and: adoptzd. this ~7th day of February, 1973.
CQI7NCILMAN W~~D EXC~SED HIMSELF ~'ROM THE COUNCIL CHAMBERS, STATING HE HAS A
FINANCIAd~ INTEREST IN THE FOLLOWING MATTER.
ACCEPT IMPROVEMEI~T'S I~d TR~,CT N~. 409 AND RELEASE OF INSTRUMENT `OF CREDIT
Director o~ P~:i~'l~c Works Anderson revie~ed th~e completed irnprovements
made to Trac~ Nr~. 409, at Myrt3e and Gard~n Stre~t, and reco~ranended the City`s
acceptance of the ~.mprovements ~.n this tract and the Instrument of Credit be
rele~.sed, subject to comple~tion of the follcwing itemst
1. Co~pl~tion of installation of stre~t ligh.ts;
2. Slap~ plan~ing on Myrtle Street;
3. P~.rk Fee of $392.50;
4. Filing of Notice of Completion;
5. Correction af gtt~ter g~ade on Lot 13.
He further r~coxnmended t~at with the acceptance of this Tract the
following items be approveda
Payrnent bg~ the City of $1,639.25 for difference in cost between
and. 12" ~aat~r line on Cherry Avenue,
2. Ben~fit cost of $3.16 p~r front foot to unimproved property on the
s~~th sid.~ of Cherry Avenue to be ch.argeci wh~n th.is property connects
and refunded to the Developer over a 10°grear period;
3. Ben~f~.ting cast of $3,90 per foot ~o unimproved.property adjacent to
~rat~~ li.ne on Myrtl~ Street to be charged. to this property when
connection is requested and refunded to the Developer over a 10-yeax
~ pe,r~oe~;
4o B~ne~i.t~.ng ch.~rg~ of $~-~.90 per foot to be ch~rged to the uni.mproved
p~°op~rt~° ~.dj~~~nt to the sew~r 1in~ installed on Myrtle and refunded
ta ~he D~v~laper~° e~v~x° a 1Q-year p~riod.
After Cc~aan.~il diseussion, a motion was made by Cauncilma.n Mi11is, seconded
by Cauncil~nan T~.1T~~ and ~nanimously carried, that the improvements in Tract No.
409 be accept~d b~ ~1~~ City and the ianprovement Ins trizment of Credit be relea~ed,
subject to t~:~ a]~o~e conc~itions9 as r~commended. by Director of Public Works
Anderson.
GOUNCILMt~N WC~~D RESUNIED HIS PLACE AT THE COUNCIL TABLE AT 9:43 P.M.
_ 1~~ .
~ _ - _
GITY COUNCZT~ FEBRUARY 27~ 1973
AR:ROYO GRANDE, CALI:E'O1~TIA ~ PA~E 6
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1 b
CITY COTJNCIL FEBRUARY 27, 1973
ARROYO GRANDE, CA~,IFORIQIA. PAGE
MAYOR SCHLEGEL RELINQ~TISHED TH~ CI~.IR T0 MAYOR FRO TEM TALI.EY, DiSE TO A POSS~BLE
GONFLICT OF TIVT~R~~T TN TI~E FOI~7AWING Ml~~TER.
ACCEPT IMPRO~EME~`TS T~i TRA.CT ?VOa 4~5 AI~D RELEASE OF IMPROVEMENT BOND
IDirec~o~ e~~ ~u~~1ic Works Anclerson r~v3ew~d t~h~ co~npl~t~d. improvements ma.de
to Tract ~€1:~y ~a~+~~€~~n Ela~ S~r~~t ~nd ~~.~.r Vi~c~ D~ive, indic~ting th.ey have been
installed acco~c~,~,n.~ t~.~ acc~pted p1~.n~ and sg~~~fica~ioras, H~ r~cotrunended the
City's aeceptan~~ af t~e ixnp~ovex~ents in thf5 tr~.ct ~.n~ t~.e ~p~ov~Ynent bond
released, sub.je~~ ~o ~~c~ fol7.owing it~~xnos b~ing a.cc~mpl~.shed:
l. Fil.l slop~ on Lots 16 th.roug~. 20 h~v~ b~~n ~.nad~q~a~.tely graded and
p~~.n~c~~. anei some additi.onal work is nec€ssary in this area;
2. Tl~e ~~~e~ ~nd water line extensions to T~aet No. 109 fall outside of
t~.e e~,~~:~~~ts sv~bmitted. We wi11 n~~d. corr~cted eas~xnents in this area;
3. Fi1.~,ng caf ~Tdtice of Completion;
4. P~y~a~ixt ~f r~~naining fees of $5,337.~9;
a. Drainag~ f~~ $3,500.00
~a ac. @ $700.00
~o S~i!~~~t _t~~es 202.00
27 Cd . 50
~ . F~.rk fe~ 296 . 33
ci. Znsp~~t~.on Fee 1,338.~+6
~~~,922.71 x 0.02
$5,331.29
He fv.r~h.er r~~o~ranen.d~d that with the acceptance of this tract the following
items be a'PP~a~~d.:
1. T~~a.t La~ts i~, 7.~ and 1$~ which Taer~ held for ponding, be released;
2. Th.a~ t~.~: prorated cost of th~ wat~r and s~wer lines be charged to
the pc~~~ti~ns of ~xndevelop~d property on Bx°ighton Avenue when connection
a~~ r~~~:,~~~t~d. and refund.eci to th~ Developers of Tract No. 415 over an
~igk~t (8) y*~a.r p~r.iod be approvc~d;
3. Th~.~ th~ee deeds for drainag~ a.nd. utility easements over the
prap~~~;~ b~d:ww~€:n Tr~.ct No. 415 and Tract No. 109 be accepted;
4e T~.~t ~~.p 7.a~p~ovem~nt bonds on this development be released.
Co~ncxlana~ M3.11a~s b.rought up th~ flooding problem now occurring at
Brighton a.nd. Fa~r.° Vz.~r~ since tl~e tract's development and questioned the City's
liabilit~ i..f gh~ ~r~~t~ a.~ ~ccepted. Director of Public Works Anderson clarified
that the drainage g~c~bl~an is due to two existing dr~.vewa~s at 1235 and 1239
Brighton A~~er~aae b~~.r~~ in~.deq~.ate. Ci~y Atgorney Shipsey indicated that the City
would b~ liabl~ for ~.ny damage, as tnere was no major flooding in the area
befor~ developxnen~ of Tract 415, d~.spite the exis:t~nce of the two inadequate
drives, and x~comm~ra~.ed ~h.at the City either fix the drives or cooperate with
the otaners tY~~~. Director of Public Works Anderson stated the cost of
fixing eacl~ cira..v~raa~ wc~~~.ld be approximately $150 to $200.
Aft~r Cc~~a.n.~il ~:iscu~ssion, a motion was made by Councilman Wood, seconded
by Council~nan c~e L~~r~ ~.nd unani.mously carried, Gha~ t~.e iznprovem~nts in Tract
No. 415 b~ ~.cc~p~~:r1 1~~ ~t~~ City and the ixnprovement bonds be r~leased, subject
to the abovu c;and~_~:z.nris, as x~ecommended by Dir~ctor of Public Works Ar~derson,
i.ncluding ~ccep~~,ne~ caf t~ree easement deeds ~,hen corrected, and further
avthoriz~d Director of P~.blic W~rks Anderson tc ~Gak~ ghe responsibility of
s~eing ~hat t~.e in~.~.~;q~~~.cy of t~ie t*,~o driv~~a~ys ~.t 1235 and 1239 Brighton Avenue
is correct~d.
MAYOR SCHLEGEL REJOINED THE C~UNCIL AND RESUMED THE CHAIR AT 9:58 P,M,
6 6
CITY COUNCIL FEBRTJARY 27, 1973
ARR.OYO GRAI~DE , CALIFORNiA PAGE 8
PROGRESS REPO~T ° ARROYO GRANDE SEWER ASSESSMENT ~ISTRICT
Administ~~.t~r B~.tch req~aested the Coaxncil'~ aaa~~.orization ~o enter into an
agreem~n~ witka ~~17P amending the present contr~.ct betwe~n the City of Ar~oyo GraMde
~.nd the 1`J.S. Dep~r~en~ of Hous~ng and Urban De~relopment. S~.id ~.mendm~nt increases
the governrn~nt fie13 ~xpenses fro~a $3100 to $F200. Aft~r Co~,n.cil discuss~on, on
motian af Gottncil~~,n cie L~on~ s~conded by Councilman Waod and ~.nnanunously carried,
the Maycar and Ci~~ Clex~k r,a~re aufl~orized to sign, on b~1~a1f nf the Citg~, an
amendm~nt to tne contract betwe~n ~he City and HUD.
NOTICE OF MEETINGG RE. LOCAL GOVERNMENT REF9RM ° L`T. GOV. RETNECKE
Ad~inis~~~.tor Bvtt~,l~ reported that no~ice ha~ been received from
Califox'nia"s iie~~~~n~.n~'Governor Ed Rein~cke of continuing meetings to be
held rega.rd~n~ loc~l ~overnment reform, to which Council Members ~.re i,nvited,
on b~hal#' of t~~ Gcr~.r~~nor's Cottncil on Intergovermnent~.l Relations.
NOTICE RE. PROGI3AM TU SET GUIDEI;INES FOR REVENLTE S~'ARING EXPENDITCIRE
Administra~tor Ba:tch r~;viewed a H[3D News Release, which notifies that th~
Department of Hoasing and Urban Development Y~.a.s awarded a contract ~o specialists
who will work ~ncle~ a ne~a program entitled Urban Techr~ical Services, which
program will a.ic~ ~.ities in implementing President Nixon`~s proposed Community
Develnp~?en~ Rev~na~~ Sharing program, which is a guideline for revenue sharing
expenditia.r~,
INFORMATII~N :R~. It~-RQUTING OF HIGHWAY ~27
~dminis~ra.tor B~xtcl~ informed the Council that he has u.nofficially heard
that the ~°~~°~outing of Hight,aay 227 project has been tak~n off the Division of
Highwa~'s project lis~, due to a shortage of funds. Ae reconanended that
letters be writt~n to tl~e State Senators,,Asse~nblyinen,.Division of Aighways,
`e'tc., req~n~sting r~consideration. of the projects which the Council was in
agree7nent ~o,
INVITATION TO COUNCIL T~ ATTEND PUBLIC WORKS BaB-Q ON MARGH ~
Administ~~kpr Bt~.tch relayed ~.n invitation to the Council from the men
in the City's P~ablic Warks Department, to attend_a barbecue at the Corporation
Yard orl March 1~ 1973 at 6 P.M.
ADJOURNMENT
On mo~i~n raf Councilman Talley, seconded by Councilman de Leon and
~:nanimously ~~.~r~ed, t}.~~ me~ting adjourned at 10s10 P.M.
' J 1 > ~ r l 1 ; ~ ~'c ~ ~
ATTEST: , (
AEPUTY CTTY CZERK MAYOR y