Minutes 1974-04-09
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CITY COUNCIL APRIL 9, 1974
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session with Mayar Ta11ey presiding. LTpon
roll ca11, Council Members Schlegel, Millis, Spierling and de Leon reported
present.
PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Talley lead the Pledge of Allegiance to our Flag; and immediately
thereafter, Councilman Millis delivered the invocation.
APPROVAL OF MINUTES
The minutes of the regular City Council meeting of March 26, 1974, were
approved as prepared.
APPROVAL OF WAItRANTS
On motion of Counci.lman de Leon, seconded by Councilman Spierling and
unanimously earried, Payroll Warrants No> 1680 through No. 1788, in the total
amount of $28,8~7.45; and General Warrants No. 1313 through No. 1353 and
No. 292 through No, 313, in the total amount of $501,342.33, were approved
and ordered paid.
PRESENTATION OF PLAQUE OF APPRECIATION TO PHYLLIS SCHLEGEL
Ma.yor Talley called Mrs. Cal (Phyllis) Schlegel to the Council table
and presented hex with a plaque from the City in appreciation of her service
as First La.dy for the City from April, 1972 to March, 1974.
RESOL. ADOPT. - URGE'PUC TO ZNVEST. AFFECT OF PRIV. SALES TO PT & T CUSTQMERS
The Council reviewed a letter from Lee Balatti, Manager of Paei£ic
Telephone in San Luis Obispo; California State Senate Resolution No. 77g ~.nd
other information requesting that the Public Utilities Commission make a~hox~augh
investigation of possible adverse affects to P.T. & T. customers (i.e. higher
rates, etc.) if certifieation of telephone equipment sold by private industries
is approved. The Council discussed the matter, agreeing that an investigation
should be carried out to rnake a determination on the matter. After Council dis-
cussion, City Attorney Shipsey read the title of a resolution supporting Calif°
ornia State'Senate Resolution No. 77; thereafter, a motion was made by Councilman
Schlegel, seconded by Councilman de Leon and unan~mpusly carried, fio dispense
with reading the balance of this resolution.
RESOLUTION ~VO o 1090
A RESOLUTION OF THE CITY COUNCIL OF ~HE CITY OF ARROYO
GRANDE ADOPTING SENATE RESOLUTION 77 PASSED BY THE
CALIFORNIA STATE SENATE ON FEBRUARY 6, 1974.
On motion of Councilman Schlegel, seconded by Councilman Spierling and on
the following roll call vote, to wit:
AYES: Councilmen Schlegel, Millis,`Spierling, de Leon and Mayor Talley
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 9th day of April, 1974.
PROCLAMATION - AN~I-LITTER_. MONTH - MAY, 1974
Ma.yor Talley proclaimed the month of May, 1974, as "Anti-Litter Month"
in the City of Arroyo Grande, as requested by Governor Reagan and the California
An~i-Litter League.
DESIGNATION OF CZ.EAN-UP WEEK - MAY 6TH THRU MAY lOTH 1974
Ma.yor Talley designated the week of May 6th through May lOth, 1974, as
Clean Up Week in the City of Arroyo Grande, as requested by the Publie Works
Department.
RECEIPT OF ANNUAL ELECTRIC FRANCHISE PAYNIENT FOR 1973 - P.G. & E.
Administrator Butch reported that the City has received its annual
franchise tax payment for 1973 from Pacific Gas & Electric Company, in Che
amount of $3,442e66.
PERSONAL INNRY CLAIM OF LARRY M. GARNER - DENIED
On motion of Councilman de Leon, seconded by Councilman Schlegel and
unanimously carried, the personal injury claim of La.rry M. Garner, against the
City of Arroyo Grande, was denied, as reco~nended by the City's insurance
carrier.
339
CITY COUNCIL APRIL,9, 1974
ARROYO GRANDE, CAZIFORNIA PAGE 2
REGEIPT OE ANNUAL GAS FRANCHISE PAYNIENT FOR 19~3 - S0. CALIF. GAS COMPANY
Administra~or Butch reported that the City has received its annual
franchise tax payment for 1973 from Sou~he~n California Gas Cornpany, in the
amaunt o f $8,245.51:
DEPARTMENTAL REPORT FOR THE MONTH OF MARCH 1974
The Departmental Rc~port fc~~ t~.~ month of Ma.rch, 1974, was received by the
Council, revietiaed and ordered fil~d.. In r~~pon~~ to Councilman de Leon's
question about ~raffic congrol for fun~ral proc~sszons~ Administrator Butch
advised that th~ Poliee DepartLmen~ offe~s its services upon request if an
officer is available, and no ch.arge is m~~.de for tl~is sex°vic~.
REVIEW OF LEGISLATIVE BULLETINS FROM LEAGtJE °"716" REPORTINGS STAYED
The Council revi~t~r~d the ~ates~ legislative bulletin received from the
League of California Cities, wh.ich included information regarding tl~e recent
Supreme Court ruling which stay~s proc~edin~s ~nder tl~e Conflict of Interest
and Disclosure Act. Councilmen and other staff inembers raere informed they need
not file the "716" Disclosure of Ass~e-~s x°eport in April.
RESOL ADOPT. - AUTHORIZE CITY ADM. TO SIGN AGREE. W/.STATE ENIPLOY.. DEPT. RE. "WIN"
Administrator Btttch requested that a resoltxtion be adopted authorizing
him to sign agreements on behalf of the City wikh the State Employment Development
Department regarding the Work Incentive Program (WTN) wherEby the Cit~ trains the
employee, but the State pays the employee's salary. After Council discussion,
City Attorney Shipsey read the title of a resolution au~~i~rizing the Ca.~y
Administrator to sign certain agr~ements; th~reafter,.a motion was m~.d~ by
Councilman Schlegel, seconded by Councilman de Leon and unanimously rar'~i~d, to
dispense with reading the balance of this resolution.
RESOLUTION N0. 1091
A RESOLUTION OF THE CITY COUNCIL -0F THE CITY OF ARROYO
GRANDE AUTHORIZING THE CITY ADMIDTISTRATOR TO SIGN
AGREEMENTS BETWEEN EMPLOYMENT DEVEIAPMENT DEPARTMENT
FOR WORK INCENTIVE'PROGRAMS,
On mmtion of Councilman de Leon, seconded by Councilman Spierling and on
the following roll call vote, to wit:
AYES: Councilmen Schlegel, Millis, $pierling, de Leon and Ma.yor Talley
NOES: None
ABSENTc None
the foregoing resolution was passed and adopted this 9th day of Apri1, 1974.
MUNI CODE AMEND - ORD ADOPT - REMOVAL OF UNAUTHo_VEHICLES FROM PRIV. PROP.
City Attorney Shipsey re~.d ~h~ ~title of an ordinance amending the Muni-
cipal Code by adding provisions for the removal of unauthorized vehicles from
private property; thereafter9 a motion w~.s made by Councilman Schlegel, seconded
by Councilrnan Spierling and ~snanimo~sly carried, to dispense with reading the
balance of th.is ordinance.
ORDINANCE N0. 98 C ~S.
AN ORDINANCE OF THE CI~Y OF AR.ROYO GRANDE AMENDING THE
ARROYO GRANDE MUNICIPAL CODE BY ADDTNG CHAPTER 12 T0
TITLE 4 OF THE ARROYO GRANDE MUNICIPAL CODE TO PROVIDE
FOR THE REMOVAL -0F PARKED VEHICLES FROM PRIVATE PROPERTY
WHEN PROHIBITED.
On motion of Co~.ncilman Millis, seconded by Councilman de Leon and on the
following roll call vote, to wit:
AYES: Co~xncilmen Schlegel, Mi11is, Spierling, de Leon and Mayor Talley
NOES: None
ABSENT: None
the foregoing ordinance was passed and adopted this 9th day af Apri1, 1974.
~ ~ ~ CITY COUNCIL ~,PRIL 9, 1974
ARROYO GRANDE, CALIFORNIA PAGE 3
PUB. HEAR. - RESOL. ADOPT. - ABANDON ALLE~ SO. ~F DODSQN WAY &.W. OF HALCYON RD.
Administrator Butch revf~wed the loea~ion and background of the request
that a 15' paper alle~ zn Apsey'~ Adclit~on ~o the Chautauqua Assembly Grounds
(south of Dodson Way between Haleyon Road and A1der Street) be abandoned, as it
isn't and won't be n~cessary f~r pub1~~ us~. Upon being assured by City Clerk
del Campo tha.t a11 requirements as p~ovid~d b~ 1aw, regarding notification of
'~n~aring, had been complied Vsith, M~yor Talle~ declared the hearing open and all
persons would noza be heard for or again.~t the abanclonan~nt of t~ais alley.
Al Jackson, 208 Fair Vier~ D~°iv~, ina~~.ired. as ~c~ vaho had requested the
abandonment. Administrator B~tc~i, in ~°~p1~, ~e~.d t~ie let~~r of Gordon M. Filer,
which had been received bgs t~.~ Co~.n~il. a~ ~ts ~ebr~tar~ 26, 1974 meeting, request~
ing tl~e abandor~ent of t1~~ alle~,
There being no fn~rt~a~r dis~~~~a~~~an for or against this matter, Mayor Talley
declared the hea~ing closed. Aft~r C~t~ncil discussion, City Attorn~y Shipsey
read the title of a r~soluti~n ~.band~~.~.ng a cex~tain alley in tl~e City of Arroyo
Grande; thereafter, a motion w~.s m~.cle b~ Cotzncilrnan Spierling, seconded by
Councilman Millis and unana.m~txsly c~.~x°ied, to dispense 4aith reading the balance
of this resolution.
RESOLUTION N0. 1092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ORDERING THE ABANDONMENT OF AN ALLEY WITHIN
AFSEY'S ADDITION TO T'HE CHAUTAUQUA ASSEMBLY GROiT1~iiDS
(STREETS & HIGHWAYS GODE SECTION 8323, ET SEQ.)
On motion of Councilman Schl~gel, seconded by Councilman de Leon and on
the following roll c~ll vote, to wit:
AYES: Councilmen Schleg~l, Mi11is, Spierling, de Leon and Mayor Talley
NOES : None
ABSENT: None
~he foregoing resolution ea~.s passed and adopted this 9th day of Apri1, 1974.
RECOMMEND. AMEND. TO ORD. RE. STREAMBED RUBBISH - REFERRED TO PLAN.. COMM.
The Council reviewed. a reco~nend~d amendment to Title 4, Cha.pter 9 of
the City's Municipal Code, regarding the depositing of debris in the streambed,
which amendment h~.d be~n introduced by Jo~ Moore of the Parks and Recreation
Commission and adopted by that Cornmission. City Attorney Shipsey indicated
that the proposed amendment, if adopted, s~.ould not amend Chapter 9 of Title 4
as that pa~ticular chapter regulates a d.ifferent type of obstruction in the
streambedP The Council indicated conc~rn regarding the 150' restriction from
the streambed that fil1, etc. can be accomplished. After further Council dis-
cussion, on motion of Co~.ncilman Millis, seconded by Councilman Spierling and
unanimously earried, ~he proposed. ord.inanee ~.mendment regarding disposal of
debris and constr~ction in or near tl~e s~tre~.mbed was referred to the Planning
Commission for its review and recominend~.tions.
SET SEMI°ANNUAL JOINT MEETING WITH PARKS & RECREATION COMMISSION - APRIL 15, 1974
As Councilman Schlegel indicated he would not be ahle to attend the
requested semi-annual joint meeting of the Councii ~aith the Parks and Recreation
Commission set for April 24, 1974, th~ joint meeting was rescheduled for
April 15, 1974 at 7:30 P.M,
APPOINTMENT OF PLANNING COMMISS IOI~TER ~ JOHN SANDOVAL
On motion of Councilman d~ Leon, seconded by Councilman Spierling and
unanirnously carried, John Sandov~.l w~.s afficially appointed to the Planning
Commission, with his term of office to expire June 30, 197~+.
R~SOL. ADOPTo - AUTHORIZE AGREE. W/STATE ~OR MAINTENANCE_OF.HWYS. WITHIN CITY
The Council reviewed a letter ~.nd proposed agreement from tl~e State
Department of Transportation, which upd~.t~s the money allotted the City for
maintenance expense of State Higl~rays wi~hin th~ City and revises the lighting
and signal list. After Council discussion, City Attorney Shipsey read the title
of a resolution authorizing the Mayor and City Clerk to sign a certain agreement
with the State; thereafter, a motion was made by Councilman Schlegel, seconded by
Councilman Millis and unanimously carried, to dispense with reading the balance
of this resolution.
341
CITY COUNCIL APRIL 9, 1974
ARROYO GRANDE, CALIFORNIA PAGE 4
- RESOT~UTION N0. ~093
A RESOLUTION OF THE CITY COUNCT.L OF THE CITY OF ARROYO
GRANDE APPROVING AGREENI.~1~tT FOR NIAINTENANCE OF STATE
HIGHWAYS IN TIiE CITY OF ARROYO GRANDE.
On motion of Councilm~.n d~ L~;o~, secanded by Councilan~n Sehlegel and on
the following roll c~.ll vo~~, ~c~ ~~t:
AYES, C~~ancilm~n 5~~~~~~1~ NS~.11.~s~ Spa.~rla~~~~ de L~on and M~~or Talley
NOES: None
ABSENT: N~ne
the foregoing resolu~ion was p~.s~~d and ad.opt~c~ tnis 9th day of Apri1, 1974.
DTSCUSSION RE FEDEI~AL HIGI~AY AGT 0~ 19~3
The Cotxncil ~eview~d. a le~~~r f~o~ Co~tnty Engin~;er Protopapas and other
information regarding the Fed~~al H~.gh~r~:~ Act of 19739 ra~.ich sets fort~. that a
responsible local officfaT reg~.l~.~~ d:~s~~ilaa~tia~. of t~.e fa~n.ds. Varic~tas recom°
mendations for the cl.arificat~.~n o~ "r~;spoxtsible local off~,cia1" were reviewed,
but no action was taken as the l~g~.~l~itzon h~s alre~.dy passed and a.resolution
urging clarification of the terms ~c~~ld nou°r b~ futi].eo
DISCUSS ION RE TOPPTNG OF EUCALYPTiTS TREES OI~t SOUTf~ S IDE . QF_ THE ' PI.KE
Administrator Butch reviewed the cone~rn of residents on the nor~h. side of
The Pike, between Halcyon Road ~.nd Sc~~th Elm Street, wi~h th.e condit~.~n of the
Euealyptus trees on the south sid~ of T~.~ Pilze, wk~ich. mat~er had be~~ first
brought before the Council sev~~al ~nantl~s ago, but no solution had g~et b~~n
arrived at. Reports from Public Works Dixe~tor Anderson were reviewed, w~iich
outlined bid estim~.tes received for topping or removal of the approximaCely
100 trees on the City's right of wa~, as follows:
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1. Arbor Tree Surgery - Top all trees to ~0°; trim trees,
remove all dead wood, cleanup & brush disposal $33,000,
2. Bruce Bond - Same as Arbor Tree Surgery $20,000.
3. Coast Pole Company - Cut all tree~, cl~~.nup &
remove brush $2,000 - $ 5~,000.•
As many residents from Th.e Pik~ sa~r~ gresent for this matter, Ma.yor Talley
opened discussion to them, Mr. Paul Campbell, 1002 'The Pike; stated he liked
the tr~es but they~ should be kept manic~xr~d as in the present condition they
are dangerous due to their h~ight and falling debris. He further stated that
utility wires wo~ald also coa~e dor,an if a tx°~~ fell, causing additional problems.
Mrs. Mary Russe119 976 T'h.e Pikee indieated t~.~.t if the Cit~ cuts dc>wn the trees
with.in its righlt of way~ t~.e rc~siden~s wi11 be no be~ter off because of the
remaining trees b~ing left ~nke~npt an~. unobstruct~d. Mr. Forgostein, fiduciary
for the Hal~yon prope~r~y, sta~ed t~~.~ h~ l~as fully cooperated with the City in
seeking a solution to t~.~ problean9 b~it t~.at the people of Halcyon don't wis11 to
see the trees ctxt down anci don°t 1~a~~ fih~ ~un~.s to top the trees.
Z'h.e Council. disetxss~d the C~tyes possibl~ liability in the matter, directing
City Attorney Shipsey to research th~ matter fully and directed the City staff
to determine wh~:ch trees are within ~Gh~ City's ri~ht of way for certain, and
reports regarding each i~em to b~ pres~nted to the Council at its next regular
meeting. Mayor Talley indicated hope for a timely solution to be worked out
with Mr. Forgostein, the Cit;~ and Q~e~.r Wa~erman of the Coast Pole Company.
° REPORT - COUNTY WATER RESOURC~S ADVISORY CQMMITTEE MEETING -0F APRIZ 3 1974
Councilman Talley repox~~ed on the April 3rd meeting of the County Wa~er
Resources Adviso~y Cc~arnrnni~t~~, s~ating th.at reports had been heard on the
Nacimiento Water Pro~ect and the C~~.stal Aq~xeduct Water Project. A report
had also been given by Clint Milne r~g~.rda.ng water basin storage.
FI1~4,L ACCEPTANCE OF IMPROVEMENTS IN TRACT 498 - HELD OVER
Administrator Butch r~qu~sted t1~at t~e i~em regarding final acceptanc~ of
improvements in Tract 498 be held over, as th~ subdivider still had,a few "
things to complete.
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CITY COUNCIL APRIL 9, 1974
ARROYO GRANDE, CALIFORNIA PAGE 5
AUTHORIZE BURN WEEK - APRIL 28 THRU N1AY 4, 19~4
On mo~tion of Councflman de Leon, seconded by Cou.ncilman Millis and
unanimously carried,,Apri1 28, 1974 through Ma.y 4, 19~4, was designated as
open burning week during the spring period of 1974, as recomanended by Fire
Chief Marsalek.
AUTHORIZE REFUND FOR BUILDING PERMIT OVERCHARGE - Ae W00D
On mo~ion of Councilrnan MiT.lzs~ second~d b~ C~~anc~lman de Leon and
unanimously carried, a refund to Ad:d.ison Wo~d, con~~~c~or for the Dairy Queen
construction, in the amo~nt of $19~.45 c~a.s a~nthoriz~d, ~hic~ was an ov~rcha.rge
for Building Permi~s issued.
DISCUSSION' RE. WATER LTNES WI'T£IIN BRAIVGH STREET ST~Ef~IALK RECONSTR.UCTION
City Engineer Garcia displayed som~ water pipe taken out of sidewalk areas
on Branch Street in conjixnction with t~.e reloeation of water meters for the
reconstruction projecty which shoraed det~ri~x~ation. Corr~siQn has.caused hol~s
in some of the pipes, which. caus~d no problems until the pipes are cleared of
corrosion "barnacles" to facilitate houking up to the undergrounded meters. City
Engineer Garcia requested dir~ction frorm the Cov.ncil rega.rding extent of replace-
ment of the pipes, pointing out that ~?c~st u~ilities take care nf maintenance up
to the meter and anything beyond that is the owner's responsibility. Z'he Council
discussed the matter and generally agreed that since the City is undertaking this
reconstruction project which incl~ad~s the tearing ~xp and replacement of the side-
walks, thus disturbing the pipes, that where necess~.ry the City will replace
faulty pipes within the sidewalk area and notif;~ th.~ property owner of defective
pipes found, as the defective condition wi11 probably also exist in tl~~ owner's
building.
NOTICE RE COMPLAINT FROM CITIZEN RE FLORA STREET - DE LEON
Councilman de Leon notified th~ Council that he has received a written
complaint from a citizen on Flora Street, that the street has not yet been
blacktopped as anticipated. Adrninistrator Butch indicated that a letter
regarding the matter was also received by the City and has been referred to
the Director of Public Works.
COMPLAINT RE. PUBLIC ADDRESS SYSTEM IN COUNCIL CHAMBERS - SCHLEGEL
Councilman Schlegel reiterat~d his complaint regarding the public address
system in the Council Chambers and r~quested that in the future it either be°
turned off or fixed of th~ noise interfer~nces heard from the speaker systems.
ADJOURNMENT
On motion of Councilman de Lenn, s~conded by Councilman Millis and unani-
mously carried, the meeting adjourned at 9:35 P.M, until 7:30 P.M., April 15,
1974.
ATTES T: `
CITY CLERK MAYOR
CITY COUNCTL APRIL 15, 1974
ARROYO GRANDE, CALIFORNIA 7:30 P.M.
The City Cauncil m~t in adjourned ~°~gul~.r session with Ma.yor Ta11ey presiding.
Upon roll call, Councilm~n Sch.legel, Mi11is, Spierling and de Leon reported present
JOINT MEET. W/PARKS & REC. COMM, - BUDGET AND LAND ACQUISITTON STUDIES
The Council met in joint meeting with. the Parks and Recreation Cominission to
discussion the proposed Parks and Recx°~.tion budget and park land acquisition
proposal<
ADJOURNMENT
On motion of CUtancil~nan Spierling, seconded by Councilman de Leon and unani-
mously carried, the meeting adjou~ned at.7.0:30 P.M, until 3:OQ P.M., Apri1 l8, 1974.
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C . . ~
ATTEST:
DEPUTY CITY CLERK MAYOR