Minutes 1975-01-14 461
CITY COUNCIL JANUAR.Y 14, 1975
ARROYO GRANDF, CALIFORNIA
The City Council m~t in regu.lar s~ssion with Ma'yar ~'~.~.1~:y presiding. Upon
roll ca11, Council Meznbe~s Spierling, de Lec~n, Schleg~l and Mi17,~s reported
present.
PLEDGF OF ALLEGTANCE AND I~1VOC~TION
Mayor Talley 1~d the Pl~dge of Alleg~.anc~ to our Fl.ag; and immedia~el~
therea~ter, Reverend.P~tcher, ~f the Chu~ch of fihe Naz~.r~~e ~n G~'QV~~ C~.tya
delivered the invocati4n,
A PPROVAL OF M.~NU~F~.S s~s cvx~~,c~~,~
Finance Directc~r R4ssngr~n no~ed that an er~o~ i~ the warrant num'~~~s
approved a~ the las~ me~ting h~d b~~n made, du.~ to an error in the ~ampu~er ru~out
shee~, and the General Warran~ N~nb~re ~hould read ~T~a. ~+67 through N~+. ,,,.~a~ :in.stesd
of No. 474. Thereaf~er, the m3.nu~e~ of the re~ular ; ad,~caurn.ed zna~~i,r~~ +a~
December ~3, 197~, w~~e aPp~oved ~.s pregaxed wi.th. co~re~tio~ a~e n.s~~~d ~boV~.
~n mation o~ ~~uncil~aan Leon, secanded b~ ~r~ux~~~.~.z~~~ Sp~.erl~,~~ ~~r~
unanimously ~~~~i~d, (3~~era1 Wax~ran~S ~T~, ~Tt~, 5~1 ~nd ~A, ~~#7~
through No. 2496, ~.n the t~ata~. ~~aunt ~af $1],~,l+~~,~~.; a~c~ Payr~l~ W€~~r~r~~~ ~ta~
3126 through No, 3287, in t1~~ ~~~a1 ~~nount o~ $48,~69.~4s WL'x"E ~pp~~~~d ~t~d
Ordexed paid,
P tl RE 9 1 COMMU IC SY TEM - KUBLY ~ AT~I! T RESQ A
M~.'. H. Ray Kubly, Communications Manager for fihe County of San i,t~~.~ 4b~.~p~,
~ad~ a presentation regarding the 911 Communications Sy~tem and a joint p~w~s~'~
a~r,~ement between the cities and county for implementat~,or~ of ~aid glan. N~ ~Q~C
~~Cgures for the system are known as yet, but indications from Sfiat~e ~tffi~isl~ s~~
that some nneans of funding will be found. The Jaint Agree~ner~t pr~a~n~ed for
cons~,deration is for a one-year term and authorizes the county ta praceed in plans
for the Cen~ral Public Safety,Answering Po3,nt (P.S.A.P.) on behalf of the City.
The Council discussed the workings of the system and the proposed agreethent with
Mr. Kubly. City Attc~rney Shipsey suggested that as costs of the plan.are unkncnan,
that Item 8 on Page 3 of the Joint Powers Agreement include wording on the blank
l.ines (pr~avided for a cost formula when costs are knawn), as follows: ".,.~uch
cost to be assessed to Cities and County on a formula. to be mutuallv aereed,,upon
bv the contracting.LCities and the Countv of San Luis Obis~o provided that if and
when Federal,funding is available..."
After Council discussion, City Attorney Shipsey read the title vf a
resolutian authorizing execution of an.agreement reg~rdi.ng 911 Cammunicat3ons
System; t7tereafter, a motion was made by Councilman Schlegel, seconded by
Councilman Mi11is and unanimously carried, to dispense with reading the bslance
of this resolution.
RESOLUTION N0. 1141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE, COTJNTY OF SAN ZUIS OBISPO, STATE OF CALIFORNIA,
APPRQVING AND AUTHORIZING EXECUTION:OF JOINT PQWERS
AGREE~ENT BETWEEN CITIES AND COUNTY REGAR.DING 911
COMMUNICATION3 SYSTEM.
On motion of Couneilman Spierling, seconded by Councilman de Zeon and-on
the following roll ca17. vot~, to wit:
AYES: Councilmen Spierling, de Leon, Schlegel, Millis and Ma.yor Talley
NOES: None .
ABSENT: None
the faregoing Resolution was passed and adopted this 1.4th day of January, 1975.
ENDORSE S~FA OTTER MANAGEMENT PLAN T SPORTSMEN'S ASSQCIATION
Administrator Butch read a letter from the San I~.tis'Obispo Sportismen's
Association, Inc., requesting the Council's support of the C~lifornia Department
of Fish and Game Sea Ofiter Management Plan, which is to confine the ofiters in
the 150 mile area between Seaside and Cayucos, in an attempt to protect diminish=.
ing clam beds. After Counail discussion, a motion was made by Councilman
Spierling, seconded by Counc3.lman de Leon and carried, endorsing the Fish &
Game Dapartment's eoncept of a reserve for sea otters, as supported by the
Sportsmen's Association.
CITY COUNCIL JANUARY 14, 1975
ARROYO GRANDE, CALIFQRNIA PAGE 2
APPOINTMENT OF REPRESENTATIVE TO E.0 C- DE'LEON
On motion of Councilman Schlegel, seconded by Cot~n.cilman Millis and earried,
Councilman de Leon ~ras appoixated as the City's representative to the Economic
Opportunity Commission for a one-year term.
AUTHORIZE ANNEX. FEE EXEMPTION FOR PARKI,AND DEDICATION - WOOD
Administrator Butch xead a letter from building contractor-real estate
broker,>Addison B. Wood, 1133 Map1e Street, ~equesting ~xemption of anne~ation
fees for approximately one and tw~o-t~nths acres of l~.nd proposed for parkland
dedication in the recent Fowler anne~ation (Tract 551).
The Council discussed th~s aspect of the a~.ne~ation Ordinance at $reat
length, the general con,sens~s being that the $150 per acre annexation fee~should
not be charged tor parkland th~.t will be dedica~ed to tihe City, but`that the
exemgtion should not include str~ets and easements in a:development t~:at would
also be required to be dedicaged. C3.ty Attorney Ships~y°stated that the ordi.r[ance
did provide for exemption of t~.~ f~~;s a~ the discxetion of the Council. After
Council discussion, a motion r~ras mad~ by Councilman Millis, seconded by Council-
man Spierling and carried, ex~mpting the $150 annexation fee on the approximately
one acre parcel of Tract 551 which wi11 be dedicated to the City for pazk~.and
purposes.
City Attorney-Shipsey was directed to study the present annexation fee
ordinance for possible amendments to include provisions for the exemption of the
fee for parkland to be dedicated, the Council indicating that this might.also be '
an i.ncentive for larger parkland dedications in future anne~ation developments.
ADOPT.. RESOLUTION COMMENDING COL BEN JACOBS FOR SERVICE TO CITY
Administrator Butch advised that at the Chamber of Commerce installation
dinner to be held this Saturday, January 18th, an award will be presented to the
oustanding citizen of 1974 in Arroyo Grande, and Colonel BEn'R. Jacobs ha.s been
chosen for this honor in commendation for his many years of devotion and service
to the Gity. The Council felt a resolution would be appropriate for the occasion,
whereafter City Attorney Shipsey read a resolution aloud in its entirety, cot~anend-
ing Colonel Jacobs.
RESOLUTION N0. 1141
A RESOLUTION:OF THE CITY COUNCIL;OF THE CITY OF ARROYO
GRANDE COMMENDING COLONEL BEN R. JACOBS FOR HIS
OUTSTANDING SERVICES TO THE CITY OF ARROYO GRANDE.
On motion of Councilman Mi11is, seconded by Councilman de Leon and on the
following x°o11 call vote, to wit:
AYES: Counci.lmen Spi~rling, de Leon, Schlegel, Mi11is and Ma.yor Talley
NOES: None
ABSENT: None
the foregoing Resolv.tion was passed and adopted this 14th day of Ja~.uary, 1975.
AUTHORIZE REFUND FOR UNUSED BUILDING~~~RMIT - WM PETERSON
'Th.e Couneil reviewed.a 1~tte~ from William Peterson, 500 No. 0ak Park
Road, Grover City, and repo~t from 3~uilding Inspector Shetters, regarding;a
xefund for Building Permit ~~173 issued to Mr. Peterson on November 9, 1973, but
never used. Mr. Shetters' report indicated rhat a total of $943.00 had'been
paid, but that a plan check was made and SMIP tax forwarded to the State. He
recommended a refund to Mr. Peterson in the amount of $890.00. After Council
discussion, a motion was made by Councilman de Leon, seconded by Councilman
Spierling and unanimously carried, authorizing a refund to William F. Peterson
in the amount of ,$890.00 for Building Permit ~k173 which was not used.
DEPAR.TMENTAL REPORT FOR DECEMBER 1974
The Departmental Report for the month of December, 1974, was received by
the Council, reviewed and ordered filed. Also reviewed was a five-year compar~.son
report for building and housing in the City, indieating that 1974 was the highest-
value-building year in the City's history.
463
~ C'ITY~ ~~I~IC~I~~ ~~r; ~ ' ~ JANUARY ~ 14, 197~,5
A,I~R0~0 GRA~IDE ; CALIFORNIA PAGE 3
~NFO. FROM LEAGUE`OF'CALIFORNIA CITIES
' The Council reviewed a number of items received from the League of
Califo~riia Cities, which included a status report on th~ Fair`Labor Standards
Act laws`u.it, stating that ~h~ Act has been set aside until th~ Supreme:Court
makes a ruling on. its constitutionality.
:Admin~.strato~ Butch advised that Mr. Garcia from t1~e League wi11 be in
the Gity on March 19th, 20th°and 21s~;~.ndsev~ral of the Gity staff will be
attending a meeti;ng this Friday regarding the Co~rusr.~.nit~ D~velogment Grant Program.
AUTHORIZE CITY ATTY. TO PREPARE'ORD. ADOPTING '73 UNIFORM B~UII,D~NG CODE
Administ~ator Butch advised gh~.t the City's Hov.s~.ng Advisory-and Building
Appeals Board has recc3mmended that the City adopt the 1973 Uniform Building Code,
which includes`Uniform Building, P~bunbing, Mechanical, Swi~ing,Pool and 19Z5
Uniform Electrieal Codes. T~~ C~~?neil review~d a repm~t on the matter from
Building Inspector Shet~ers, ~nd c~pies of ~Yae new,cod.~s r~hich will_amend the
City's present codes when adopt~~i. Also included were proposed increases in
permit fees, which Administrator Butch discouraged~ ~.ndicating tha.t the prese~.t
fe:es are adequate to co~er cos~s of the Building;Aepartment. After Council dis-
cussion, a moti~on was made by Councilman Sgierling, seconded by Couneilman de Leon
and carried, dir~cting City Attorney Shipsey to prepare an ordinance updating the
City's'present oxdinanc~ by adopting the 1973 Building Cc~des and 1975 Eleetrical
~ode as proposed except for permit fees, which will remain at the present rate
and not be incxeased.
NOTICE RE, EMPLOYEES UNDER PUBLIC SERVICE EMPLOYMENT AGT
Ad~inistrator Butch advised that four new employees have been placed with
the City in `various departments v.nder the Public Service Employment Act, The
pl.acement is'for a 13-month pe~iod, during which salary and benefits are
` completely funded by the federal government.
AUTHORIZE PURCHASE OF MINI-COMPUTER FOR CITY
The Council reviewed with Finance Director Rosengren projected costs aad
pos~ible financing for the purchase and operation of a mini°computer by the City.
No additional personnel would be necessary. Total outright purchase price of
the computer is $37,842.04, and total payment over three years is $40,566.$6.
Funding. of the machine w,ill be investigated further, with a,report regarding this
to be brought b.efore the`Counc~.1 at its next regular meeting. After Council
discussiori, a motion was made by Councilman Spierling, seconded`by Councilman
Millis and carried, autharizing City staff to proceed with the purchase of a
Burroughs-Accounting mini-computer for the City, as proposed by Finance Director
Rosengren. :
NOTICE RE. AIR MONITORING STATION TO BE IN CITY
The Coiancil reviewed a report from City Engineer Garcia advising that the
County Air Pollution Controi''D~.strict has placed a mobile air monitoring facility
in the Com~nunity Baxilding parking lot and it will r~main there for several weeks
to assess air qual~~y in tlais` area.
COUNCILMAN SPIERLING EXCUSED"HIMSELF FROM THE GOUNCIL CHAMBERS CITING A POSSIBLE
CONFLICT OF INTEREST IN THE NEXT AGENDA ITEM.
LOT SPLIT CASE N0, 7~-160 LE POI1~T STR.EET - LOOMIS - ACTION HELD OVER
,City Engineer Garcia revieured with the Council a report from Director of
Public Works And~rson regarding Lat Split Case No. 72-160 off of Le Point Street.
Applicant for the 'l.ot spLit,,E. C. Loomis & Son, a partnership, has requested
that tYte map of ~his minor subdiv~sion, involving a faur parcel lot split,of 5+
acres each, be recorded before a11 required improvements are constructed, which.
is a.variation of existing City policy. The request'is made beeause of antici-
pated delays in selling these large lots and the sale of same will help pay for
the improvements. Along with the map, a covenant was present for recordation at
the same time, which sets forth that development of the lots would not be allowed
until requi~ed improvements are installed, and further setting forth exact charges
or fees for the improvements. Mr. Vard Loomis, one of the partners of the appli-
cant, was p~esent and assured that any buyer of the properties would be advised
of the r,esL•riction on the land and that the`City would issue no building permit
until ~ll improvements have been installed to the City's satisfactian, Consider-
able discussion by the Council ensued, with the recommendation made that a 3 to
5 year limit be set for installation of improvements and that permit fees not be
set forth in the agreement because of possible changes in said fees over the
next years. Concern was also indicated about the City's control of the matter
CIT'Y COUNCIL JAP~TARY 14, 1975
ARROYO GRANDE, CALIFORNIA PAGE'4
and enforcement of said agreement. City Attorney Sh~.pseg~ suggested an additional
paragraph be added to the covenant stating samething to tihe affect tha.t this
agreement is enforceable by the City and any ptsrchaser of one of the parcels.
After Eurther Council discussion, it was agreed that a revised agreement
be prepared incorporating those points discussed above,.and be pres~n~ed ~a tk~e
Council for its consideration at its next regular meeting on January-28, 1975.
COUNCILMAN SPIERLING REStTMED HIS PLACE AT THE COUNCIL TABLE.
ADOPT RE30L. ENLARGING ASSMT. DIST. & APPROVE AGREEMENT - RUTH Ai~TN WAY
City-Engineer Garci.a reported ~hat just east of the already formed Ruth
_Ann Way,Assessment Distr~ct, three parcel owners of a land-locked area have
expressed interest in joining the ia~provement district and have signed.a
petition for inclusion. The improvement plans have been modified to include
these parcels and it was recomqn~nded that the Couzncil adopt a resolution
prepared by the asseasment attorney to~fa~alize th3s additian. After Council
diecussion, City,Attorney•Ships~y read the title of a x°esolution establiahing
AeaesBment Diatrict No. 74-1 for street irnprovemen~ts on-Ruth Ann Way; there-
af~er, a motion was rnade by Co~r~cilman Schlegel, s~conded by Councilman de Leon
and carri~d, to dispense with r~ading fihe balance of this resolution.
RESOLUTION N0. 1143
A RESOLUTTON"OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE MAKING FINDINGS ON'PETITION AND WAIVER AND MAKING
APPOINTMENTS REGARDING DES~ZGNATED DUTIES.
ASSESSM~~T'f' ~I~TRI~~
(STREET IMPROVEMENTS)
On motion of Councilman Spierling, seconded by Councilman de I,$on and on'
the following ro11 call vote, to wit:
AYES: Councilmen Spierling, de Leon, Schlegel, Mi11is and Mayor Tal~gry
NOES: None
ABSENT: None
the foregding Resolution was passed and adopted this 14th day of January, 1975.
Also reviewed was an agreement betcaeen the City and special counsel,
F. Ma.ckenzie Brown, providing for legal services by said counsel for Ruth.Ann.
Way,Assessment District No. 74-1. After.Council discussion, a motion was made
by Councilman Schlegel, seconded by Councilman Spierling and carried, authorizing
the Mayor and City Clerk to s~:gn an.agreement between the City and F. Mack~enzie
Brown,,:Attorney at La.w, for legal services on the Ruth Ann Way Assessment`District.
PROGR~SS REPORT - SO. SAN'LUIS OBISPO COUNTY SANITATTON DISTRICT
The monthly report for December, I974, from the Chief'P1ant Operator of
the S"outh San Luis Obispo'Gountg Sanitation District was received by the Council,
reviewed and ordered filed.
Administrator Butch reported that Step I of the grant for the necessary
engineering and oceanography to determine necessary repairs for the treatment
plant, has been okayed.
REPORT - RECENT MAYORS MEETING - APPOINTMENT OF COUNCILMAN SCHLEGEL TO LAFCO
Mayor Talley reported on the recent Mayors' Meeting, stating that a
representative from this City to the Loca1 Agency Formation Commission {LAFCO)
needs to be appointed, for which Councilman Schlegel volunteered. Also dis-
cussed was the County's apportionment of federal Revenue'Sharing Ftiinds, and
the County has indicated it will research the inquiry as to what portion of the
funds is generated by each individual city, and then so inform each city.
_AUTHORIZE SIDEWALK SA,LE IN VILLAGE - APRIL 4TH & 5TH
Pursuant to a request received by Rick ~ee, President of the Arroyo Grande
Village Merchants Association, a motion was made by Councilman de Leon, seconded
by Councilman Spierling and unanimously carried, approving the annual spring
sidewalk sale by Village merchants an Friday, Apri1 4th and Saturday Apri1 5, 1975.
~s~
CITY COUNCIL JA'N[TARY 14, i97S
ARR.OYO GRANDF, CALIFORNIA PAGE 5
LETTER OF THANKS FROM POST OFFIGE RE. MOVING OF MAIL BOXES ON BRANCH ST.
Administrator Butch read a letter from Arroyo Grande Postmaster James
Krovious, thanking the City staff for:assistance in moving and resetting ~ail
deposit recep~acles Qn Branch Street, in con3unction with the recently completed
reconstruction pro~ect.
AUTHORIZE PURCHASE OF'3/4 TON ;WAT'ER DEPT. SERVICE TRUCK - C~_S_T~,Q~~ON
C~1Y
The Council ~eviewed a=report from Director of Pub~ic Works.Anderson,
regarding informal bi,ds received fram the 1oca1 Ford and Chevrole~ agencies for
a 3/4 ton service truck budgeted fcar use in the Water DepaxCment,,as fol~oc~s:
CHRISTIANSON CHEVROLET $4,518.08
303 Tratfic Way, Arroyo Grande, GA 93420 includin.g tax
PAIIL REYNOLDS FORD $~+,809.I6
330 Traffic Way, Arroyo Grande, CA 93420 including ta~
A utility body that wi11 be necessary and wi,l1 be purchased fram another
company, is estimated at a total'cost of $477.00; Afte~ Council:discussiAn, a
motion was made by Councilma.n Spierling, seconded by Councilman de Leon and
carried, accepting the low bid af Christianson Chevrolet in the amount of
$4,518.08 and authorizing the purchase of,3/4 ton service truck far the W~ter
Department from said agency,`~plus a utility body for said vehicle at an'~approxi-
mate total cost of $477.00.
REVIEW OF ACCIDENT PIN MAP PHOTOGRAPHS
City Engineer Garcia distributed and explained photographs taken of thQ
accident pin map at the Police Station, which showed where acci.dents have
occurred and indicating frequent incidents at the intersections of Nelson aMd
Bridge Streets, Branch and Mason'_Streets, and Grand and E1m Streets. It was ~
pointed out that the accident rate at Halcyon and Grand has decreased d~cidedly
since installation of the signal system with left turn phase. It was sugges~ed
that a left turn phase be incorgorated at the Elm & Grand signals and a signal
system be considered at Mason and Branch. '
Councilman Schlegel indicated he received a complaint from a citi~en
regarding a sight distance problem at Nelson and Traffic Way caused by the
planters on Christmas Tree Island. He further indicated ~hat additional light-
i.ng is neeessary on the newly widened E1m Street. City Engineer Garcia
iridicated this is being worked on along with a speed limit change.
DISCUSSION RE. SEETIC TANK PROBLEM & SEWER HO~K-UP - M. GLASS
Mr. Mervyn Glass, 495 So. Ha.lcyon Road, was present and explained problems
he is encountering with a septic:tank put in by Mr. Wayne Price at Ctiat re~idenc~
with Council authorization on Apri1 25, 1972, subject to Mr. Price entering into
an-agreement specifying that he will tie into the Arrayo Grande Sewer Aasessment
District when it becomes anailable. 7.'he sewer connection-has never been made and
the present occupant:of the house, Mr. Glass, is having many problems with over-
flowing of the septic tank. City Attorney Shipsey was direct~ed to investigate
what recourse the City has against Mr..Price and keep the Council apprised of
this matte~°.
ADJOURNMENT :
On motion of Councilman de Leon, seconded by Councilman Spierling and '
unanimously carried, the meeting adjourned at 10:34 P.M.
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ATTES ~i ~~~.7
CITY CLE&K MAYOR
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