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Minutes 1974-12-10 -~-i CITY COUNCIL DECEMBER 10, 1974 ARROYO GRANDE, CALIFORNIA The City Council met in regular session with Mayor Talley presiding. Upon roll call, Council Members Spierling, de Leon, Millis and Schlegel reported present. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Talley led the Pledge of Allegiance to our Flag; and immediately thereafter, Reverend James Wickstrom of the First Presbyterian Church of Arroyo Grande, delivered the invocation. APPROVAL OF MINUTES On motion of Councilman Spierling, seconded by Councilman de T~eon and unanimously carried, the minutes of the regular adjourned meeting of Novemb~r 25th and the regular meeting of November 26th, 1974, were approved as prepared. APPROVAL OF WARRANTS On motion of Councilman de Leon, seconded by Councilman Spierling and unanimously carried, General Warrants No. 2369 through No. 2412, in the total amount of $6,339.59; and Payroll Warrants No. 2949 through No. 3013, in the to~al amount of $23,531.16, were approved and ordered paid. RESOL. ADOPT. - COMMEND HOWARD D. EVANS FOR SERVICE AS FIREMAN Administrator Butch read a letter from Assistant Fire Chief, Howard D. Evans, submitting his resignation from the Fire Department effective December 31, 1974. The Council heard the resignation with regret and directed that a resolution be adopted comme~3ding Mr. Evans for his 222 years as a Volunteer Fireman'and Assistant Fire Chief. City Attorney Shipsey read the title of a resolution commending Howard D. Evans for his services to the City; thereafter, a motion was made by Councilman Schlegel, seconded by Councilman Spierling and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION N0. 1136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE COMMENDING HOWARD D. EVANS FOR HIS SERVICES TO THE CITY OF ARROYO GRANDE. On motion of Councilman Millis, seconded by Councilman Spierling and on the followiz~g roll call vote, to wit: AYES: Councilmen Spierling, de Leon, Schlegel, Millis and Mayor Talley NOES: None ABSENT: None the foregoing Resolut~:on was passed and adopted this lOth day of December, 1974. Administrator Butch reviewed with the Council a memorandum from Fire Chief Marsalek, which indicated the results of oral interviews held on December 4th, as follows: Captain Bob Fernamburg Engineer Fred Wilson Engineer Jim Ault Asst. Engineer Steve Holton Asst. Engineer Mike Bashaw Previously appointed positions were Bob Collett as the new Assistant Fire Chief, effective January 1, 1975; and Bill Weidner as Captain. LETTER OF COMMENDATION RE. BRANCH STREET RECtSNSTRUCTION - GAREY Administrator Butch read a letter from Arthur E. Garey, 124 West Branch Street, commending those involved in and the results of the Branch Street Reconstruction project. RATE INCREASE INFO. FROM SOUTHERN CALIFORNIA GAS COMPANY The Council reviewed some background information received from the Southern California Gas Company, to clarify its request to the Public Utilities Commission for a rate increase. DEPARTMENTAL REPORT FOR THE MONTH OF NOVEMBER, 1974 The Departmental Report for the month of November, 1974, was received by the Council, reviewed and ordered filed. CITY COUNCIL DECEMBER 10, 1974 ARROYO GRANDE, CALIFORNIA PAGE 2 TREASURER'S REPORT FOR THE MONTH OF OCTOBER, 1974 The Treasurer's ~eport for the month of October, 1974, was received by the Council, reviewed and ordered filed. RESOL. ADOPT. - REQUEST TEMP. CLOSING OF BRANCH: 12/14/74, 2-5 P.M. Administrator Butch reported that the Department of Transportation requires a resolution be adopted requesting the closure of Branch Street on December 14, 1974, from 2:00 P.M. to 5:00 P.M., for a street dance as requested by the Arroyo Grande Village Merchants Association and app~oved by the Council at its last regular meeting. After Council discussion, City Attorney Shipsey read the title of a resolution requesting authorization from the Department of a Transportation to close a portion of Branch Street temporarily; thereafter, a motion was made by Councilman Schlegel, seconded by Councilman ~e Leon and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION N0. 1137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REQUESTING AUTHORIZATION TO CLOSE A CITY STREET. On motion of Councilman Spierling, seconded by Councilman de Leon and on the following roll call vote, to wit: AYES: Councilmen Spi~~ling, de Leon, Schlegel, Millis and Mayor Talley NOES: None ABSENT; None the foregoing Resolution was passed and adopted this l~th day of December, 1974. ORD. ADOPT. - AMEND PROVISIONS FOR LIMITED PARKING IN CITY - FIRST READING Per the Council's previous instruction, City Attorney Shipsey had prepared, and now read, the title of an ordinance, for its first reading, amending the Municipal Code relating to provisions for establishment of limited parking on City streets and parki~g lots; thereafter, a motion was made by Councilman Schlegel, secnnded hy Councilman de Leon and unanimously carried, to dispense with reading the balance of this ordinance. AUTHORIZE RETENTION OF PDLICE OFFICER SWISHER FOR REMAINDER OF FISCAL YEAR Administrator Butch reviewed a report from Police Chief C~ark regarding the City's contract with the Department of Employment Developmant for its WIN- COD program, under which Police Officer Dennis Swisher was employed. The contract was terminated effective November 18, 1974 by HRD because of misunder- standings regarding Officer Swisher's attendance of a Corrections Academy and then training as a police officer under the program. Police Chief Clark wishe~ to retain Officer Swisher for the balance of the fiscal year, at an approximate cost of $1,000 as P.O.S.T. will fund a portion of his salary. After Council discussion, a motion was made by Councilman Millis, seconded by Councilman Spierling and unanimously carried, granting permission to retain Police Officer Dennis Swisher far the end of the fiscal year. RECEIPT OF INFO. FROM LEAGUE RE. HOUSING & COMM. DEVELOP. ACT OF 1974 The Council reviewed various information received from the League of California Cities regarding the Housing and Community Development Act of 1974; and a letter from Bill Raap, Community Development Specialist, who will be w~rking with the City in applying for Block grants, applications for which must be submitted between March 15th and May 15th of 1975. RECEIPT OF INFO. FROM LEAGUE RE. PROPOSITION N0. 9 AND OTHER PROPOSITIONS The Council received and reviewed information from the League of Calif- ornia Cities, regarding various propostiions passed by voters on the June, 1974 ballot, including Proposition No. 9, the Political Reform Act of 1974, and implementation of same. RECEIPT OF SURPLUS MATERIALS/SUPPLIES LIST - SALE: 12/14/74 The Council received and reviewed a listing of items to be sold at a surplus sale at the City's Corporation Yard on December 12, 1974, as previously authorized by the Council. Items for sale are as follows: ~s3~~ CITY COUNCIL DECEMBER 10, 1974 ARROYO GRANDE, CALI;~QRN~A ~AGE 3 AMOUNT ITEM MINIMUM BID 1 Bicycle - Girls Foremost $ 5.00 1 Purse - Brown leather 1.00 1 Mower - Power, Rotory Wizzard 2.00 1 Bicycle - Frame all pro 1.00 1 Bicycle - Boys Senator 20" 10.00 1 Bicycle - Girls Stingray 5.00 1 Bicycle - Boys Stingray 2.00 1 Purse - Black leather .50 1 Purse - Tan reed .50 1 '71 Dodge, 4-door, #E576931 300.00 1 '72 Dodge, 4-door, #E599321 700.00 1 Typewriter - Royal manual, pica 25.00 1 Typewriter - Royal electric, pica 40.00 1 Typewriter - Royal electric, pica 40.00 1 Typewriter - Olivetti-Underwood, pica 25.00 ~F Jeep wheels 30.~0 lump sum 5 Tons Scrap metal 40.00 lump sum REMINDER RE. YOUTH IN GOVERNMENT DAY- 12/17/74 The Council was reminded of the Youth in Government Day planned for December 17, 1974, and received copies of the activities scheduled and a list of the student counterparts. FIRST READING - EMERGENCY ORDINANCE AMENDING DOG LICENSE FEES - EFFECT. 1/1/75 Administrator Butch requested direction from the Cnuncil regarding the selling of dog licenses, as currently issued tagc~ will expire 12/31/74 and had been sold at $3 for male and altered female dogs, and $4 for unaltered female dogs. When the City enters into the animal control contract with the Councy, license fees will be $5 for all neutered dogs and $10 for unneutered. The Council discussed the matter at length, generally agreeing that the City's present animal control ordinance be amended to conform the dog licensing fees with that of the County's, until negotiations with the County for the Aminal Control Program are completed and a whole new Animal Control ordinance is adopted. After further Council discussion, City Attorney Shipsey read, for its first reading, the ~itle of an emergency ordinance to go into effect January l, 1975, amending dog license fees in the City; thereafter, a motion was made by Councilman Spierling, seconded by Councilman de Leon and unanimously carried, to dispense with reading the balance of this ordinance. The Council agreed to hold a regular adjourned meeting on December 23, 1974 at 11:30 A.M. to have the second reading of the above ordinance; and there- after travel to Morro Bay to review that city's experience with its mini-computer. Mr. J. G. Hellmuth, 418 California Street, was present and stated that he felt the high~r dog license fees will place a hard~hip on many people. RECEIPT OF BIDS-MISC. CONCRETE WORK - DELAY CONTRACT AWARD TILL 12/23/74 The Council reviewed a summary of bids received and opened,'at 2:00 P.M. on October 5, 1974 for miscellaneous concrete work at various locations in the City, Project Nb. 90-74-6, as follows: BIDDER BID INCLUDING CONCO GENERAL ENG. CONTRACTORS ALT. A P. 0. Box 511, San Luis Obispo CA 93401 $39,622.50 $40,702.50 MADONNA CONSTRUCTION C0. P.D. Box 910, San Luis Obispo CA 93406 33,840.00 34,650.00 R.H. NEWDOLL CONST., INC. 343 N. 16th Street Grover City, CA 93433 29,690.60 30,635.60 WILLIAM F. PETERSON 500 No. 0ak Park Blvd. Grover City, CA 934~3 26,934.00 27,888.00 JOHN E. FOREMASTER, INC. 198 Foremaster Lane Grover City, CA 93433 ~4,378.40 25,404.00 OXFORD CONSTRUCTION C0. 198 Pearwood, Arroyo Grande CA 93420 24,388.80 25,090.80 CITY COUNCIL DECEMBER 10, 1974 ARROYO GRANDE, CALIFORNIA PAGE 4 The Oxford bid had an error in it, which was corrected by a letter from Mr. Oxford. Alternate A includes the widening of Bridge Street Christmas Tree Island, between Nelson and Poole Streets. The recommendation was that John E. Foremaster, Inc. be awarded the contract if the Bridge Street widening is excluded, and Oxford Construction Co. be awarded the contract if Alternate A is included. Administrator Butch explained the proposed reconstruction of Christmas Tree Island and widening of Bridge Street. The Council generally agreed that if the widening is done, the park-island should not ju~?::out into the street any distance, and the proposed project should first be reviewed by the Parks ~ Recreation and Parking ~ Traffic Commissions for their recommendations. Both Commissions will be meeting before the December 24th adjourned meeting of the Council, so it is anticipated that a contract award for the concrete work will be made at tha~ time. REPORT - COUNTY ~IATER RESOURCES ADVISORY COMMITTEE MEETING Councilman de Leon reported on the December 4th meeting of the County Water Resources Advisory Committee, stating that Supervisor Kresja gave a report and showed slides regarding waste water reclamation for domestic use. Clint Milne had given a grogress report on the Nacimiento Water Project. OPERATION OF TRACKLESS MINI - TRAII~ IN CITY - DENIED The Council reviec~ed reports from Police Chief Clark, A.D. Majors of the California Highway Patrol, Pismo Beach Police Chief Keane, and recommendation of the Parking & Traffic Commission to deny the request of W. G. Myers to operate a trackless train in the City, due to passenger safety and traffic hazards. After Council discussion, a motion was made by Councilman Schlegel, seconded by Councilman Spierling and unanimously carried, that based on the recommendation of -~he Farking.~`;Traffic Commission, that the trackless train owned and operated by Mr. and Mrs. W. G. Myers, be denied permission to operate in the City of Arroyo Grande. ACCEPT PARTIAL RECONVE~'ANCES ON HALCYON ROAD - BRITTAIN ~ WHITE Administrator Butch advised that two necessary partial reconveyances have now been received completing ri~ht of way property necessary on the west side for the Halcyon Road Project, between Fair Oaks and The Pi~e. On motion of Councilman Spierling, seconded by Councilman de Leon and unanimously carried, the Deed of Partial Reconveyance from Norman L. Brittain and Jean A. Brittain, for a portion of Lot 10, Block 1, Tract 75; and the Deed of Partial Reconveyance from James T. White, Jr. and Wanda M. White, for a portion of Lot 9, Block 2, Track No. 75, were accepted. PROGRESS REPORT - S0. SAN LUIS OBISPO COUNTY WATER ASSOCIATION - SPIERLING Councilman Spierling reviewed with the Council the membership reguirements in the South San Luzs Obispo County Water Association, and reported that Grover City has volunteered to provide secretarial services for the Association for the coming year. PROGRESS REPORT - S0. SAN LUIS OBISPO COUNTY SANITATION DISTRICT The monthly report for November, 1974, from the South San Luis Obispo Sanitation District's Chief Plant Operator was received by the Council, reviewed and ordered fi3~d. RESOL. ADOPT. - AUTHORIZE UTILITIES AGREEMENT WITH S~~l~E RE. BRANCH STREET Administrator Butch advised that a resolution is necessary authorizing execution of an agreement with the State regarding relocation of water services along Branch Street, rahich work was performed in conjunction with the Branch Street Reconstruction Project. After Council discussion, City Attorney Shipsey read the title of a resolution authorizing execution of an agreement with the ~tate; thereafter, a motion was made by Councilman Schlegel, seconded by Council- man de Leon and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION N0. 1138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE UTILITIES AGREEMENT N0. 294.0.2 WITH THE STATE OF CALIFORNIA. -~ss CITY COUNCIL DECEMBER 10, 1974 ARROYO GRANDE, CALIFORNIA PAGE 5 On motion of Councilman de Leon, seconded by Councilman Spierling and on the following roll call vote, to wit: AYES: Councilmen Spierling, de Leon, Schlegel, Millis and Mayor Talley NOES: None ABSENT: None the foregoing Resolution was passed and adopted ~his lOth day of December, 1974. PROGRESS REPORT - ELM ST. STORM DRAIN EXT. & STREET RECONSTRUCTION The Council reviewed a brea~down of Progress Payment No. 2 to Conco General Engineering Contractors for the Elm Street Storm Drain Extension and Street Reconstruction Project between Ash and Poplar Streets, and were advised by Administrator Butch that so far payment for the project has not had to go to bond. Director of Public Works Anderson indicated that the project's completion is anticipated by the end of December. RECEIPT OF MINUTES - HUMAN RELATIONS COMMISSION MEETING OF 11/13/74 The Council received copies of minutes of the November 13th meeting of the Human Relations Commission of South San Luis Obispo County, which were reveiwed and ordered filed. ACCEPTANCE OF BRANCH STREET RECONSTRUCTION PROJECT, SUBJECT TO CORRECTIONS A report from Director of Public Works Anderson was reviewed, ~ecommending the acceptance of the Branch Street Reconstruction Project subject to correction of certain minor problems that Contractor Walter Bros. is working on at this time. Completion date for the contract is December 23, 1974, and acceptance of the projeet at this time would relieve the contractor from running into a penalty period. After Council discussion, a motion was made by Councilman Spierla.ng, seconded by Councilman de Leon and unanimously carried, accepting the Branch Street Project subject to the identified problems, a list of which has been submitted to the State. RESOL. ADOPT. - LIMITED PARKING ZONES ON BRANCH STREET Administrator Butch reviewed certain limited parking zones to be established on Branch Street, including "No Parking" zones, "30 Minute Limited Parking" zones, and a"Freight Loading" zone. After Council discussion, City Attorney Shipsy read the title of a resolution restricting parking on Branch Street; ther~after, a motion was made by Councilman Schlegel, seconded by C~.uncilman Spierling and unanimously carried, to dispense with reading the balance of this resolution. RESOLUTION N0. 1139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHIN~ PARKING RESTRICTIONS ON BRANCH STREET. On motion of Councilman Millis, seconded by Councilman de Leon and on the following roll call vote, to wit: AYES: Councilmen Spierling, de Leon, Schlegel, Millis and Mayor Talley NOES; None ABSENT: None the foregoing Resolution was passed and adopted this lOth day of December, 1974. DISC. RE. DRAINAGE PROJECTS - PILGRIM WAY & FARROLL ROAD City Engineer Garcia reviewed two drainage projects to alleviate f~oe~ding problems as follows: 1) A considerable amount of run off occurs fram Branch Mill Road and Newsom Springs Road , which travels under the freeway and south of Pilgrim Way along the old Pacific Coast Railroad right of way and flood- ing into the Orchard Street School property and the Valley Road High School campus. To help alleviate the problem, it is proposed to deepen the existing ditch behind the schools and the Assembly of God Church on Pilgrim Way. Approval has been obtained from the schools for this project and full cooperation is anticipated from other property owners involved. Due to probable inclement weather, the project probably will not be accomplished until next spring. 2) Considerable run-off from Farroll Road floods the Sakamoto strawberry fields during rains, and Mrs. SakamotQ has agreed to give the City an easement to put a channel west of Golden West Homes and divert the excess waters to the City's drainage pond at Elm and Ash, which pond will have to be deepened. The CITY COUNCIL DECEM~~R ~Q# 3.874 ARROYO GRANDE, ~ALIFORNIA PACE 6 Council agreed that the City should go ahead with da.ggzng the da.tch, but to get cost estimates for deepening the drainage pond. REQUEST FOR HELP RE, DRATNAGE PROBLEM AT EL CAMTNO REAL ~ OAK PARK ~ GROVER CITY Administrator Butch reported that a request has been received from the City of Grover City that the City of Arroyo Grande participate in alleviating a drainage problem on the Kiger property at El Camino Real and 0ak Park Road, The Council generally agreed to decline participation in this, as no help was given to the drainage problem on the Peters' property at Chilton-Oak Park-E1 Camino Real area. NOTICE RE, GRADUATTON OF TWO OFFICERS FROM HANCOCK POLTCE RESERVE ACADEMY Administrator Butch reported that Police Officer Dennis Swisher had recently graduated first in his class from the Hancocle Police Reserve Academy, and Police Officer Roy Gibson had graduated fourth, out of a class of fifteen. DISC. RE LOPEZ RECREATIONAL AREA FEES Administrator Butch read a letter from Deputy County Engineer Phelps, which was in response to the Council's previous request ~Qr justification of the increases proposed at the Lopez Recreational area~ The letter indicated that the increase is to cover three added permanent positions which are proposed for next year's budget, and to bring the facility in line with what is charged at other parks in the county and state. Councilman Millis stated that he wouid ~ike to propose at the next Zone 3 meeting that the Yearly Pass fees for the Recreation Area, which fee effects local people more than others, remain the same, but the other fees be increased as proposed; and that the increased revenues be used to retire the Lopez bon3s earlier or be used to eliminate the 44 tax~ The Council discussed the matter and agreed with the proposal to try to keep the Yearly Pass fee at $12.00, which Councilman Millis will relay to Zone 3 at its next meeting. NOTICE RE. MEETTNG FOR SOURCES OF FUNDING THE REGIONAL COASTAL COMM. - 12/17 Administrator Butch advised that notice has been received of a special meeting of the Pismo Beach City Council on December 17, 1974; at which time Mr. Casey Buchter, Executive Director of the Regional Coastal Commission, will present the Element of Coastal Plan "Sources of Funding", for that Commission. Councilman Spierling indicated he would attend, GOMPLATNT RE. TRUCKS PARKING ON ALDER Councilman Schlegel reported that he i~as received a complaint regarding trucks parking on Alder at Grand. `T`~OP~Y`DISPLAYED FROM G:C~ ~i4~ PARADE - COUNCILMEN'S ANTIQUE CAR ENTRY dm~:nS.strator Butch displayed a SeAOnd Place trophy won by the City Counc~.1 entr~ .in tIie Anfiique Car Dzva~s~on o~ the Grover City Christmas Parade on December 7th, 1974. D2SCUSSTON RE. SIZE TNCREASE OF PARKTNG & TRAFFIC COMMTSSION The Council briefly discussed increasing the size from three members to five on the Parking and Traffic Commission, because of problems in passing action when one member is absent. The Council agreed that this matter should be placed on the agenda of the Council's next regular meeting. PERMI~SION TO BE ABSENT FROM STATE ~ INTERMIT. BTWN. 12/12/74~1/20/75 - DE LEON On motion of Councilman Schlegel, seconded by Councilman Spierling and unanimously carried, Councilman de Leon was granted permission to be out of the State of California off and on between Decemb~r 12, 1974 through January 20, 1975. Councilman de Leon indicated he would not be missing any of the regular Council meetings. ADJOURNMENT On motion of Councilman Spierling, seconded by Councilman de Leon and unanimously carried, the meeting adjourned at 9:43 P.M, until 11;30 A.M,, December 23, 1974 ATTEST: t f~ C~~ - - - CITY CL~RK MAYOR