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Minutes 1975-03-11 4~5 ~@~~~~ ~~~~@ ~~~fi~~ ~ ~~~y ~~~~~~~~~a ~~~H~~ Q~' ~~~~~~AAi~~ Ai~~ ~i~i1~~A~~~i~ ~~~~~a ~~~n~~~~ C~~~~~ ~~~~~~~~~~a AP~~OVA~ 0~' ~T~iCi~~s ~1~~ mi~~~~~ t~~ ~~~u~~~ A 197~ ~~d ~d~~ur~~d ~n~~~i~~e F~b~u~~y~ 26~~ ~~d ~,9~~$ ~~r~ ~p~~av~d p~~p~r~d. APPROVAI. OF ~TARRAN~S On moti~n Co~ncil~n~,~, d~ I~o~, ~~~~~d~d b~ C~~~~il~~~x Sgi~~°l~n~ ~r~d uaa~imously carri~d, ~~n~r~l ~l~~~ant~ N~. 578 C~x°~ug'h ~1~. 596 i~ tY~~ ~oti~l ~~ount of ~58,156.56 ~nd Na. 2693 ~h~ou~~~ ~Tca. ~74~, 3r~ tk~~ t~~~l s~nno~~t o£ $~,~61.34; ~~d P~~~~11 W~~°~~~~~ ~Te. 3560 th~~~~'h ~T~a. ~~65, i~a ~k~~ to~~X ~~n~~nt o~ $299901.69, ~a~r~ ~pp~~v~d ~~d ~~°d~~~d p~id. AP~O?N`~'i~'~ 0~ ~M~~~ ~ C~~s~~~. s~ti~~ CA~~~~~~ ~ sC~~~~~ d~ ~A~~fia~~ T~~ C~u~ail ~~v~~~~~ ~ ~~~~~u~~~~ C~li~~~~i~ Ci~i~s, u~$~n~ ~o~n~~~ti~~,a ~ c~~i~~~~ ~o ~~~d~r p~~p~~~d C~~~t~l Pl~r~e preli~ninary c~p~r o~ csk~i~k~ b~~n ~~c~~v~~d. A~~~~ C~~~,~~1 diec~~~~Ang:C~uncil- man Sch1e$~1 va~e ~ominated te tl~~ Co~cn~tt~~, ~r~~~ Pl~s~ar~i~~ Dir~eto~ G~llop alternat~. APPROVE USE PERMIT FTLING FEE REBATE - MEDTCAL CLINIC PARRING L4T - WOOD The Council revi~wed a le~t~r f~om Contractor Addison Wood, req~esting a rebate of the $25.00 filing fe~ paid in ccan~~.anc~ion urith an applieation ~Qr a Use Permit for a proposed Medical Cente~ par.lcing lot (~ietween Halcyon Road and A1der Street). Under t1~e present Zon.ing Ordinance, the requested ~se is not permissible in an "R-G" District, and therefore th~ filing should not hav~ been accepted b~ the City. After Council discussion, a motion was made by Councilman Spierling, seconded by Councilman d~ Leon and unanimously carried, approving a rebate of t~.~ application filing f~e fcar Us~ Permit Case No. 75-232, in the total amount of $~5 .00. PROCLAMATION -"NATIONAL TRANSPORTATTON W~EK" - MAY 11 THRU MAY 17, 1975 Mayor Tall,ey read a praclam~tion and prcaclairned the week af Ma.y llth through May 17t1a, 1975, as "National Transportation Week" in the City of Arroyo Grande, as requested by Ben E. Nutter, California Ch.airman of National Trans- portation Week. NOTICE RE. APPLICATION FTLED FOR RATE INCREASE BY P. G. & E. The Council received and reviewed a notice that Pac:ific,G~.s & Electric Company has filed an applicatron with th~ Pi~blic Utilities Commission for a rate increase. Mr. Chuck Ricl~aond of P.~. & E. distributed copies of an informational pamphlet from P.G. & E., outilining reasons for the needed increase. REGEIPT OF TREASURER'S REPORT FOR JANiJARY 1975 The Treasurer`s manthly report far JanuaryA 1975, was receiv~d by the Couneil, reviewed and ordered f.ilede RECEIPT OF DEPARTMENTAL REPORT FOR FEBRUARY. 1975 The monthly Departmental Report fa~ Febr~nary, 1975, was received by the Council, reviewed and ordered filed. Counc.iim~n comcnended the tre~ planting on Grand Avenue in the n~wly installed sidewalks, and ~'~urther commended the bric:ic. being layed in t.re~ wells. APPROVE RATE INCREASE REQUEST OF C.C.C.C. - CABI,E T.V. The Council re~riewed a repo~t fram t~~.~ Cab1,e TV Coinmittee (Administrator Butch, Ma.yor Ta11.ey and Councilxnan Schlegel), wl~ich o~ttlined th~ backgro~,nd of the rate increase requ~st from Central. C~.lifo~°nia C~mmunications Corporation and described the invesfiigation made, incl.~iding an audit, le~ding to its recommendatian.at this time to ~pprov~ the requested rate increase. Mr, Art Hapgood, General Ma.nager of t1~e So~stl~~rn Division Af C~.ble Television, raas present and reiterated inf~~~tion conta~.n~d in the Cable TV Committee's report dated March 5, 1975. 4~~ cz~ cou~cz~ rr~RCx l~, 1975 ARRAYO GRANDE , CA~.I~FORNIA PAGE ' 2 After Cc~~xncil discussion9 motion ~a~ mad~ b~ Co~ancilman Sp~,~rl~ng, secand~d ~y Councilma.n de Leon an.d ~.nana.~n~a~.sly ca~r~.~d, ~h~ request~d ~at~ increas~ from Cen~x~al Ca.liforni~. Gom~n~n~.ca~a~o~.s C~~°pca~~.~~,c~r~ was app~°caved,9 as folloTa~ ; $,55 ~,ncr~ase for R~~id~n.~~al and C~*±~~re~,al outl~~s, $.25 increas~ for e~.c~ added Re~idential and Cot~merci~,1 o~r,~l~~; r~d~.ct3.on in instal.lat~,fln ch.~.rges from $29.95 to $10.00A anc~ g~u~~a~~~~ fc~~ th~~e years that no addit~.onal increa.~~ ~rill be r~qu~sted. Sai,d r~.~~ chang~s w~11 go a.n~a effect April 10~ 19`~5. REVIEW OF LEGISLATIVE BULLETINS m FURTHER DZSCt;SSI.OIV REe SB 312 The Council reviewed th.~ la.~~~~ l~g~,sl~.~iv~ bull~tins receiv~d ~ro~n ~he Leagu~ of California Cities. Further discussion was held r~ga~°d~n,g SB 312 ~.rging del~tion of the PERS d~d~.ction for employees ~aorki,n.g und~r ~h~ Employment Assistance Act of 1974, Administrator Butch advised that this d~letion is px°ovided in the bill along wi~h the op~ian to also del~te tb.~ Sc~~i~l Sec~+a~y~y d~cluction fx°om the.se eanplc~yees , The~ PERS wauld nok be gic~~d ~.~p on th~ work program ~mpl.oyee~ unless th~y ~.x°e h:~red at the expi.ration af th~ progra.m, with no back contributions required. PUB. HEAR. - UPDATED LAND USE EL,EM~NT 0~ G~N PLAN - REFER AMEND. TO PL,AN COMM Planning Dir~ctor Gall~p anad~ a pres~r~.~at~on regax°ding the propas~d update of ~he Taand Use Element of the Gener~.1 Plan9 which the Planning Co~nission l~as approved, An a m~p he ee.~plained t1~e changes in den~it;~, open areas an,d commercial zones. Addend~.m 1-A ta thP P1~.n came ahout as a r~sult of the Pl~.nning Co~n~ssion's hear~.ng on the znatt~e~. After th~ presentaticrn, ~pon bei.ng assured by the.City Clerk that all require.ments as provided by laca h~.ve bee:n. compl.~~d with, Ma.yo~ Tallegr declared the h~a.r~:ng op~n and a.ll persons ~ro~xld now b~ he~.rd for or against t~a~ p~°oposed updated Land Us~ E~.ement of th.~: G~~ex°~1 Plan. Jo~ Moar~, 200 Nelson, inquired as ko ~he status of an ordinance r~commended by the Parks and Recreation Commis~ian ~o the Planning Commissionp regarding conservatic~n c~f th~ creek. There being no fu.rther discussion rega~°ding ~his matter, Mayor Ta11ey declared the hearing closed. The Council discussed the plan at length, particularly t~o areas of prop~rty naw in agx~ic~iltural use - th~ Saruwatari preperty in the area of Highway 101 and Gr~nd Aventx~, designated ~~4 on the Land Use M~..p; and ehe strawbe~ry f~elds in ~he e~s terly portion of th.~ City genex°ally flanked by Ash/Grand a~d 0ak Park/Juniper, d~signated ~~6 on the map. The Plan propos~s these two a~~as for 1ig~it zndustrial aase in the future, when the agricultural us~ no lon.ger deems its~lf f~~as~ble fc~r the ownex°s. After Cauncil discussian, a mo~inn raas made by Councilman Spierling and s~cond~d by CouncilYZ?an Millisg to ~~fer th.e propos~d updated Land Use El~m~nt hack to the Plann~ng Commissio.n with th~ recomanendation that t~~ Saruwata~i proper~y be held in an agricultural ~se~ designa~fon. Thereafter, Councilman Mi11is mad~ a mata.on to aznend th~ abov~ xnoti~n b~ C~uncilman Spierling, by including th~ strawberry fields (~~6 on m~.~) in th~ dele~ion from light indus- t~ial use ta also be retained in agric~~l~u~~l ~s~, except for ~he ~x.isting co~e~cial zoning flanking said s~~°a~rb~rx~y fi~lds on Grand Aven~.e, Councilman de Ler~n seconded Council.m~.n Mil.lis' mo~i~n amendzr~.ent, with said motion dying for lack of a. m~.jox~it3~ vote. Ther~af~~r, a~tion raas tak~n on, tihe original motion tQ refer th~ proposed updat~d L~nd IIse El.em~nt of the General Plan back to the Planrcing Comznis~~.on ~ecomm~ndi.ng ~h~t ~h~ Saru~ra~ari property be h~ld in an + argicul~ural use designatien, whye~ m~tien carr~.~d. PUB. HEARQ - RESOL, ADOPT. - ADOPT UPDATED CIRCLTT~ATION ELEMENT OF GENERAL PLAN Planning Dir.ector G~.11op znade a pr~s~ntation regarding th~ ~x~oposed update of the Circulation E1e~a,ent of th~ G~ne~°al Plan, which the Plann~ng Comm~ssion has approve.de On a map, he explained the~ maj~~ c1~~nges in ~h.is Element9 which are grimarily in th.e area of P~~,gk~w~.;~ 227, and ~~anged. d~signations of traffic ~°outes (i,e. "z~ajor", ~~coll~ctor" s~x~~e*~s, etc.). 48~ CITY COUNCIL MARCH 11, 1975 ARROYO GRANDE, CALIFORNIA PAGE'3 Upon being assur~d by tlae Ci~~r Cl~rk that all requireanents as p~ovided by law have been complied with, Mayor Ta11~y d~clared the ~Z~aring open and a11 persons would notia be heard for o~ agains~ ~h~ propos~d updated Circulation Element of the General Plan, Joe Moore, 200 Nelson, commented on ~he Bicycle Plan references in the element. Planning-Director Gallop r~viewed that alttaougLh the Council h.a.d approved two bicycle routes, the Bicycle Plan has no~ yet b~en adogted, pending the avail° abili~y of funding for same. There being no further discp.x~~ion rega~rding this matter, Ma.yar Talley declared the hearing clo~ed. After Cou.ncil discus"sion9 City Attorney Shipsey read the title of a Resolution adapting the amended Circulation Element; ther~- after, a motion was made by Cottncilman Schlegel, seconded by Councilffia.n-Spierling and ~ananimously carr~.ed, to dispense with reading the b~lance of this resolution. REBOLUTIOIV i~TO, 1150 A RESOLUTION OF THE CI~Y COUNCIL -0F THE CITY OF ARR.OYO GRANDE ADOPTING THE AMENDED CTRCULATION (STREET AND HIGHWAY) ELEMENT OF THE GENERAL PTaAN, On motion of C~uncilman Millis, seconded. by Councilsnan de Leon and on the following roll call vote, to wit: AYES: Councilmen Spierling, de T,enn, Schlegel, Millis and Ma.yor Talley NOES: None ABSENT: None the foregoing Resolution was passed and adopt~d ~his 11th day of Ma.rch, 1975. The Council commended the staff and Planning Commission on the elements developed, and for going ahead with. the Agricultural Preserve Program. In regard to the Agricultural Preserves, Planning Director Gallop pointed out that they involve many hearings and adoption of resolutions and ordinances, which will take at least six months. MUNI. CODE AMEND. - ORD ADOPT °'73 UNIFORM PLUMBING CODE ADOPTED City Attorney Shipsey read the titl~e of ~n ordinance amending the Municipal Code by adopting the 1973 Unifox°m Plumbing Code; thereafter, a motion was made by Councilman Millis, seconded by Councilman Schlegel and unanimously carried, to dispense with re,ading the balance af this ordinance. ORDINANCE N0. 117 C.S. AN ORDINANCE OF THE CITY QF ARROYO GRANDE AMENDING CHAPTER 5 OF ~'ITT.~ 8 OF THE A~tR.0Y0 GRANDE MUNTCIPAL CODE ~O PROVIDE FOR ADOPTTON OF THE 1973 UNIFORM PLUMBING CODE WITH CERTAIN EXCEPTIONS THERETO. On motion of Councilman Spierling, seconded by Councilman Schlegel and on the following roll call vote, to wi~: AY~S: Ccuncilmen Spierling, de Leon, Schlegel, Mi11is and Ma.yor Talley NOES: None ABSENT: None the foregoing Ordinance was passed and adopt~d ~his ilth day of March, 1975. NOTICE RE. PUB. HEAR. : AMEND USE PERMIT SECTION DF "R°G" DISTRICT - 3/25/75 The Council was advis~d that a public he~.ring has been set for Ma.rch 25, 1975 at 8:00 P.M., to consider the Plann~ng Cotmnission's reco~nendation to add a new section to Garden Apartment Residential District ("RBG") pertaining to Use Permitso REPORT ON TOTAL USE OF CON1MiTNITY CE~TTER - MAY ~IRU DEC, 1974 The Council reviewed a report f~~ the C~~~nity Building Co~tittee, showing total us~age of the C~nter ~ 5,368 pe~sons, and fees collected -$235.00, from Ma.y 17, 1974 through Decemb~r of 1974. 4~~ CITY COUNCIL MARCH'11, 1975 ARROYO GRANDE, CALIFORNIA PAGE 4 RECEIPT OF COASTAL VALLEY PLANNING COUNCIL AGENDA & MI1~T[TTES The Council reeeived and reviewed the min~.tes o£ the February 3, 1975 meeting of the Coastal Valley Plax~ning Council and agenda for the Ma.rch 3, 1975 meeting of tha.t Council. APPROVE PRINCTPLE OF ANIMAL CONTROL AGREE. ~ APPOII~TT REP. TO`COMMITTEE The Council reviewed a letter from the County Adm~nistrative Of£ice requesting that the City select a representative to the Animal Regulation and Control Advisory Committee. The County Animal Control Agreemen.t was discussed briefly, with the Council concurring witi~ proposed amendments to said Agreement ma.de by Pismo Beach City Attorney Geihs. After Council discussion, a motion was made by Councilman Spierling, seconded by Councilman de Leon and carried, directing Administrator Butch to write ~he County indicating the Gouncil's approval of the,Ani.mal Control Program Agreement in principle, but wishing inclusion of amendments in said agreemPnt as outlined by Pismo Beach City Attorney Geihs, regarding pa~agraphs (2)(f), (10) and (2)(c), and advising that Administrator Butch has been nominated as th~ City's representative to the Animal Regulation and Control Advisory Cc~mmititee, with Councilman Spierling to serve as alternate. ' LETTER RE. WINDOW ON PROPERTY LINE AT 116 W BRANCH - GAREY - WI~RAWN The scheduled agenda item regarding Mr. Art Garey's reque~~ to discuss with the Council an existing window on the property line of the'~x'royo Grande Mercantile & Hardware Store at 116 W. Branch, was raithdrawn f~om~'the agenda per Mr. Gary'e request prior to the meeting. RECEIPT & REPORT OF REGIONAL TRANSPORTATION PLAN Councilman Spierling reported on his attendance of a study session held with representative of J.H.K. & Associates, Transportation Planning Consultants, who prepared the Regional Transportation Plan for the County of San Luis Obispo and cities. The P1an appeared unresponsive to this City's needs, particularly in respect to Highway 227 and the Traffia Way intersection. City Engineer Garcia advised that the County staff, staff frona the cities and County-Cities Area Planning Coordinating Council's Transportation Committee, were preparing a re-write of the Plan develapecl by J.H.K., to better reflect the needs of this County. RECEIPT OF LETTER FROM COUNTY ENGINEER RE F A U PROJECTS The Council reviewed a letter from County Engineer Protopapas, listing the Federal Aid Urban Projects in San Luis Obispo County, which includ~s the projects previously adopted by the City Co~.nci1. REPORT - COUNTY WATER RESOURCES ADVISORY COMMITTEE MEETING - DE LEON Councilman de Leon reported on the March 5th meeting of the County Water Resources Advisory Committee, stating that the Nacimiento Water Project and California Water Project had been discussed further. The possibility of leasing water from the California Water Project to other entities until it is necessary here was also discussed. COUNCILMAN SCHLEGEL EXCUSED HIMSELF FROM THE COUNCIL CHAMBERS CITING A POSSIBLE CONFLICT OF INTEREST IN THE NEXT AGENDA ITEM. ACCEPT IMPROVEMENTS - TRACT 531 "WALNUT CREEK TERRACE" - OSBORNE The Council reviewed a report from Ci.ty Engineer Garcia, reco~xnending ~ acceptance of the i.mprovements in Walnut Creek Terrace, Tract No, 531, an eight lot R-1 subdivision on the east side of Halcyon Road between Farrol Avenue and Willow La.ne, which has been completed. After Council discussion, a motion was made by Councilman Spierling, seconded by Councilman de Leon and unanisnously carried, finding Tract No. 531 consis~ant with the City's General Plan and accepting the improvements installed as required. COUNCILMAN SCHLEGEL RESUMED HIS PLACE AT THE COUNCIL TABLE, 48~ CITY COUNCIL MAR.CH 11, 1975 ARROYO GRANDE, CAI.IFORNIA PAGE 5 RESOLUTION ADOPTION - NATIONAL FLOOD INSURANCE APPLICATTON The Council reviewed a me~orandtaa from City Engin~er Garcia, stating that the Federal Insurance Admini~tration o~ the Degartmen~ of Housing and Urban Development has notified the City that in conjunc~fon wi~h the City's application for participation in the National Flood Insurance Prog~aan, another resolution needs to be adopted and submitted along with other ma~erials outlined in Mr. Garcia's report. After Council discussion, City Attorney Shipsey read the title of a resolution applying for Federal F1ood Insurance; ~hereafter, a motion was made by Councilman Schlegel, seconded by Councilma.n de Leon and una.ni.mously carried, to dispense with reading the balance of this resolution. RESOLUTION N0. 1151 A RESOLUTION OF TI~ CITY COUNCIL OF THE CITY OF ARROYO GRANDE AP~LYING FOR FEDERAL FLOOD INSURANCE UNDER THE NATIONAL FIAOD INSURANCE ACT OF 1968. On motion of Councilman Spierl.ing, seconded by Councilman de Leon and on the following ro11 call vote, to c.rif:: AYES: Councilmen Spierling, de Leon, Schlegel, Millis and Mayor Talley NOES: None ABSENT: None the foregoing R~solution was passed and adopted this llth day of Ma.rch, 1975. MUNI. CODE AMEND. - ORD. ADOPT -'75 NATIONAL ELECTRICAL CODE City Attorney Shipsey read the title of an ordina.nce amending the Municipal Code by adopting the 1975 National Electrical Code; thereafter, a motion was made by Councilman Mi11is, seconded by Councilman de Lean and unani.mously carried, to dispense with reading the balance of this ordinance. ORDIl~TAANCE N0. 118 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 3 OF TITLE 8 OF THE ARROYO GRANDE MUNICIPAL CODE TO PROVIDE FOR ADOPTION OF THE 1975 NATIONAL ELECTRICAL CODE. On mo~ion of Councilman Spierling, seconded by Councilman Schlegel and on the following roll call vote, to wit: AYES: Councilmen Spierling, de Leon~ Schlegel, Millis and Ma.yor Talley NOES: No~e ABSENT: None the foregoing Ordinance was passed and adopted this llth day of Ma.rch, 1975. AUTHORIZE CONSENT TO ASSIGNMENT OF ENGINEERING DUTIES - RUTH ANN WAY ASSMT DIST City Engineer Garcia explained ~hat the firm of Jennings, Bartlett and Associates, which undertook the engineer work on the Ruth Ann Way Assessment District, h~.s been purchased by Tait and Associates, and Council authorization is necessary consenting to the assignment of the engineering work to Tait & Associat~s, Inc., P. 0. Box 4425, Anahei.m, CA 92803. The same ~ngineer will be working on the project. After Council discussion, a motion was made by Councilma.n Spierling, seconded by Councilman Schlegel and unanimously carried, authorizing th~ Ma.yor to sign the Conseng to t~ssignment form whereby the firm of Tait & Associates, Inc., assumes engineering work on the Ruth Ann Way Assessment District from the firm of Jennings, Bartlett and Associates. REPORT - WATER ASSOCIA.TION MEETING - SPIERLING Councilman Spierling reported on the recznt South San Luis Obispo County Water Association meeting, stating that discuss~on had been held xegarding the Water Association's rights. He also requested that the City submit its member° ship fees of $25.00 for ~his fiscal year. Next meeting of the Association will be held in Grover City on,Ma.y 22, 197ae 4~ fp CITY COUNCIL MARCH 1~., 1975 ARROYO GRANDE, CALIFORNIA PAGE 6 RECEIPT OF NEWSI~ETTER - WINTER EDITION 1975 The Council rec~ived copies of tk~e inT~n~er, 19~.~ edition of the City's Newsletter. PROGRESS REPORT - PRE-APPLICATION TO HUD FOR BLOCK GRANT Administrator Butch reported that t~.e px~eviously discussed pre-applicam tion to HUD for B1ock Grants was su'~m3.t~~d as one x°equest from the County:and six cities, for co~mnunity hot~sing. It was felt tha~ by com~ii~.ing the cities and county into one reques~, ch.ances ~or f~znds wo~ld be betger. PROGRESS REPORT - SEPTIC TANK & SEt~ER H00K-UP PROBLEM m M GLASS Administrator Butch gave an update on the preblems Mr. Mervyn Glass of 495 So. Halcyon Road, had brought h~fore the Council on January 14, 1975, regarding his septic tank and the reftasa.l of ~he h.ome's builder, Wayne Price, to hook up to the sewer no~a made avail.able, d~spite said hook~up having been a condition put on by the Council in allowing the ~emporary use of:a septic tank (4/25/72). It was now reported th~:t fu~ther investigation had revealed tha.t a lateral line had been install~d ~or the Glass property, so only the hook-up to the sewer remains to be aceomplished and is anticipated in the near future. PROGRESS REPORT RE. BICENTENNIAL COMMITTEE'S AVENUE OF THE FLAGS Administrator Btttch reported t~hat the Flag Co~nittee of the Bicentennial Com~ittee of South San Luis Obispo County has been given the go-ahead to order flags for the Avenue of th~ Flags project along Branch Street, for the amount of funds collected for this so far, Tahich will amount to 72 flags. PROGRESS REPORT - HIGH LEVEL WATER RESERVOIRS ° SET STUDY SESSION: 3/31/75, 3:30 P.M. Administrator Butch reported that pursuant to the Council's recent study session regarding high level water res~~voirs for hill property east of the City, the Director of Publ.ic Works and. City Eng~,neer are compiling cost figures, which should be available in a few tiaeeks. Tt~.e Council set a tentative study session for further review of this matter for March 31, 1975 at 3:30 P.M. ADJOURNMENT On motion of Councilman de Leon, seconded by Councilman Millis and unanimously carried, the meeting adjourned at 9:56 P.M. ATTEST: ~ CITY CI,ERK MAYOR