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Minutes 1971-12-28 CITY COUNCIL D~CEMBER 28, 1971 ARROYO GRANDE, CALIFORNIA The City Cottnc~l ?net in regtxlar session with Mayor Levine presiding, Upon roll call, Council Members Schlegela Thompson, Wood and Talley reported presenta PLEDGE OF ALLEGIANCE A1VD INVOCATION Mayor Levine l~ad the Pledge of Allegianc~ to our Flag; and immediately thereafter, Reverend William Black of the United Methodist Church af Arroyo Grande, delivered the invocationo APPROVAL OF MINUTES Th~ minutes of the regular meeting of I3ecember 14, 1971, were approved as prepared, APPROVAL OF WARRANTS On motion of Cauncilman Schlegel, seconded by Councilwoman Thompson, and un~ni.mov.sly ca~ried, General. Warrants Noo 469 through No, 509, in the total amou.nt of $162,665.18; Payroll Warrants No. 725 through No, 793, in the total amaunt of $14,642.59; and Trust and Agency Warrants No, 1569 through No. 1596, in the total amount of $486.37, were approved and ordered paid, APPEARANCE OF CAPT~ TRIPKE, C.H P Mayor Levine introduced Captain Ernest Tripke of the California Highway Patrol, wh.o clarified the jurisdiction of the CaH.P~ in the County of San Luis Obispo, stating that their responsibility is the unincorporated areas of the County as well as the fre~ways and county access roads and although they do not patral incorporated areas, they do take action if they observe violations whil~ trav~ling through incorporated areas. MUNICIPAL CODE ANIENDMENT ORDINANCE ADOPTION - REZONING CASE NO 71-54 &~i5 HUASNA ROAD R-2 TO R-3 (WICAL) City Attorney Shipsey read the title of an ordinance amending the Municipal Cade so as to rezone from R-2 to R-3, certain property in the City of Arroyc~ Grande; thereaf~er, a motion was made h~ ~ouncilman Schlegel, seconded by Councilwoman Thompson and unanimousl~ carried, to dispense with reading the balance of this ordinance~ ORDINANCE N0. 64 C.S. " AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDTNG A PORTION OF THE ZONING MAP OF THE CITY OF ARROYO GRANDE REFERRED TO IN SEC TION .302 OF TITLE 9, CHAPTER 4 OF THE MUNICIPAL CODE SO AS TO REZONE CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE I On motion of Councilman Talley, s~conded by Councilman Wood, and on the fallowing roll ca11 vota, ~o wit: AYES: Cov.ncil Members Schlegel, Thompson, Wood, Talley and Ma~or Levine. NOES: None. ABSENT: 1Vone the foregoing ordinance was passed and adopted this 28th day of December, 19710 AUTHORIZED AGREEMENT WITH STATE DEPT, OF FINANCE FOR CENSUS ESTIMATE Administrator Butch requested that authorization be granted for the City to enter into an agreement with the State Department of Finance for a population estimate, as it would appear that since the last estimate of April, 19719 the City ~ias gained approximately 300 new residents plus two n~r,~ trailer parks, which could me~n additional revenue to the City. Af~er. Council discussion, an mution of Councilwoman Thompson, seconded by Councilman Schl~gel and unanimously carried, it was approved ~r~ ez~ter into an agre~ment with the State Department of Finance for an ~~~'°;-~i.~ate of population in the City of Arroyo Grand~ at an approximate ~~f $200.00; and the Mayar and City C1erk were authorized to sign said ~,~5~~~°,:~±ent on bF~half of the Citym R.~;~`E?PT OF C~N~1EL COIINTTES BTV~ (3F LEAGUE "BY LAWS" Administra~ar Baat~ta x~gort~d the receipt of By-Laws of the Channel ~~~~~~s Divisic~. ~1-ze ~t:~~aa~ c?f California Cities. 4~~ CITY COUNCTL ~~~«i~ER 28, 1971 ARROYO GRANDE, CAZIFORNIA PA~E 2 QUARTERLY REPORT ON SALES AND CIGARETTE TAX. REVENUE Administrator Bv.tch reviewed t~.e 1971 Thirc~ Quarter S~les Tax and Cigarette Tax Receipts, b~th taxes sho~aing a ciecisive incre~.se over previous q~.arters. PROGRESS REPORT - POLICE CONSOLIDATION AND TRAFFIC SAFETY OFFICER Acflministr~.tar Butch repor.ted on h.is trip to Sacramento regarding the PolicE Consolid~tion Study and Traffic Safety Officer Pr~posal. He negotiat~d with the State Criminal Section of the C~lifornia Councii on Criminal Justice for two contracts: on~ b~tween the City and C.C.C.J. and one with the consulting firm of Booz-Allen ancl Ha~nilton. Work on the study will begin in the latter par,t of Januaryo Administrator Butch furthe.r reported on his negotiations regard- ing the Traffic Safety and Education Officer., stating the City's proposal was wt~ll receiv~d and that the foxmal application has been submitted. The Council agreed that when the grant becomes effective in February of 1972, recra~~.tstient of a Traffic Safety and Education Officer will begino RESOLa ADOPT, - INTENTo TO SELL PROPa ADJo OAK PARK BLVD. - SET PUB, HEARa 1/11/72 Administrator Biatch reviewed the Council's discussion and action during and aft~r the Public Hearing on December 14th regarding the intention to sell real property lying adjacent and westerly of Oak Park Boulevard, b~tw~en E1 Camina R~al and Atlantic City Avenue, He further reported on the Division of Highways' appraisal and suggestion of a$500 minimum bid figv.re on the City's parcelo After Council discussion City Attorn~y S~iips~y read a rssolution of Intentics~i to SP11 Rea1 Property, and set public h~aring on same for Jan~.ary 11, 197~~ RESOLUTION N0~ 960 RESQLUTION OF PUBLIC INTEREST AND CONt~gt~:~IENCE AND INTENTION OF SALE OF REAL PROPE~~i~ AS PROVIDED UNDER PROVISICINS OF THE GOVERNMENT CODE SECTION 37420 Om m~tion of Councilman Schlegel, s~conded by Councilwoman Thompson and on tl~~ fallowing roll ca.11 vote, ta wit: AYES: Co~.nci1 Members Schlegel, Thompson, Wood, Ta11ey and Ma,~~r L~vine , NOES: None. ABSENT: None. the foragoing resolution was passed and adopted this 2$th day of December, 1971< PROGRESS REPORT - DOG CENSUS Administrator Butch reported that as of December 28th the dog census was about 7/8 completed with a count of 568 dogs unlicensed thus far and 435 with licenses, REPORT ON UNDERGROUND UTILITY COORDINATING COMMITTEE Councilman Schleg~l gavP an oral report on the December 15th meeting of the ~dndErground Utility Coordinating Committee indicating the City's allocation has be~n increased to $10,900 a year. District Marketing Su.pervisor Peter R. Darni:on of PG and E had submitted two systems of street light estimat~:s for Branch Street, which were discussed 1~?,z ~he C~uncil. Supexvis~r Nl~nkins was advised of our underground plans b~° Councilman Schl~gel at ~h.e D~^c. 15t~ met~ring. The Coi~.nci1 revi~w~d thP min~~.~~s of the November 30, 1971 meeting c~~ the County Undexground TJ~il.ity Coordz.na~i.ng Cazmnittee wh.ich Councilman `~~>,.:~Iegel and Planning Di.rec~or Gallap had attended. Because of conflict- _._,->rz~rities of the cities ~n San Luis Obispo County, it was suggested ~°~aps for the a.re~.s of th~ Goun~y involved in und~rgrounding be ..~~.~,~~~i~ti.~ed and a priority la~stzng l~~ ~stablish~d thrqughout the County. ~,~~LIC HEARING - HUASNA ROAD N~ . 3 ANNEXATICtN- °(?RD o FIRS T READING Admini.s~ra~or Bu?-~i~ ~°~vie~a~d. that the Lc~ca.I Agency Foz~ana~i.an „ ; siozz has ~ ~;.ca~.m?,~~~~~~~'. ~ ~nnexa~i.~an tc~ ~he Gity of Arroya~ ~rande of ~~:~~mat~ly 3? ~.~re~ ~f ~,~x~a~nhaba.~ed Territo~v designat~d as Huasna a~ua~ ~so. 3, as requ~~~ed by Ja~n F. M~adge, Mrs. H. Caletto and Mr. and CITY COUNCIL D~~~MBER 28, 1971 ARROYO GRANDE, CALIFORNIA PAGE 3 Mrs. Frank Coletto, Upon being assured by City Clerk Kingsley that all requirements provided by law, regarding notification of hearing, had been complied with, Mayor Levine declared the hearing open and all persons would now be heard. John F. Nludge, 408 E. Ma.riposa, Santa Maria, spoke in favor of this annexation. Mr. and Mrs. Kenneth Schenck, 375 Coach Road, Arroyo Grande, were advised that the streets and roads included within a territory annexed to the City wi11 be maintained to the same condition as at the time of annexation. Bernard Landsman, 570 Newman Drive, spoke against this annexation, but is not an owner of property within the territory proposed to be annexed. City Attorney Shipsey pointed out that no written objections had been received. Ralph Richards, 151 Alder, coiranented on the anticipated develop- ment of the area proposed to be annexed. 7.'here being no further discussion, Mayor Levine declared the hearing closed. The Gouncil discussed the annexation further and Councilman Wood reviewed LAFCo's criteria in recommending annexations. AftEr Council discussion, City Attorney Shipsey read the title of a resolution finding no majoritq protest to annexation of Uninhabited Territory; thereafter, a motion was made by C~~~~cilman Schlegel, seconded by Councilwoman Thampson and unanimou~ly carried, to dispense with reading the balance of this resolution. RESOLUTION N0. 961 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE FINDING NO MAJORITY PROTEST TO ANNEXATION OF UNINHABITED TERRITORY DESIGNATED HLTAS NA ROAD NO . 3 On motion of Councilman Talley, seconded by Councilman Wood, and on the following roll call vote, to wit: AYES: Council Members Schlegel, Thampson, Wood, Ta11ey and Ma.yor Levine. NOES: Noneo ABSENT: None. the foregoing resolution was passed and adopted this 28th day of December, 1971m. After Council discussion, City Attorney Shipsey read, for its first reading, the title of the ordinanee amending the Municipal Code to annex to the City of Arroyo Grande certain uninhabited territory designated "Huasna Road No. 3 Annexation"; thereafter, a motion was made by Council- man Schlegel, seconded by Councilman Wood,'and unanimously carried, to dispense with reading the balance of this ordinance. REPORT - DIVo OF HWYS' CLASSIFICATION STUDY OF HWYS. Adminfstrator Butch reviewed a report received on the reeent ~""~nctional`Classification Study of all Highways, Raads and Streets from District Engineer E. F. Gregory of the Division of Aighways. This report advises that Route 1 between Route 135 (Oreutt, in Santa Barbara G~unty) to Route 101 (Pismo Beach in San Luis Obispo County) has been ~°~~.I~ssified ~.s a Rural Minor Arteria-1. ~~~B~~~SS REPORT - ARROYO GRANDE SEWER DISTRICT ~ Administrator Butch reported that a suggested calendar of events f~r ti~e District was receiued from 0'Melveny and Myers, Bonding Consult- ar~~s for the Arroyo Grande Sewer Assessment Distrzct. Ma.reh 16, 1972 ~a,~i ~een s~t fo~ a publa.c ~e~.ring, which date meets with the schedule o£ ~~~rd of Su~e~v~so~~~ ~~~er the anticip~~ed delivery of Bmrcds o~ 1~72, ~t~Za ~oxa~trucfizon on the sewer'project will begin. i~ 481 CITY COUNCIL B~~EMBER 28, 1971 ARR.OYO GRANDE, CALIFORNIA PAGE 4 Harold Baer, representative of Stone & Youngberg, had made some rough estimates of assessments for properCy owners who attended the Dec. 4 and 5 meetings, but the City's grant was not taken into consideration, so Administrator Butch was instructed to obtain more definite estimates ~ which will be available at a meeting which will be held between the time the assessments are mailed and the public hearing. John Lovasz, 990 High- way lOl, raas present and discussed the proposed assessment on his property. FOURTH ANNUAL COOPERATIVE PURCHASING OF GASOLINE WITH SAN LUIS OBISPO C0. Administrator Butch reviewed a Joint Agreement Contract Petroleum Products report received from the County Purchasing Agent, whieh lists the successful bidders resulting from the County's invitation to bid, as it pertains to the City, as follows: Gasoline (Regular) Union Oil Company .212 per gallon Ga:soline (Premium) Union Oil Company .226 per gallon Diesel Fuel Texaco, Inc. .132 per gallon Motor Oil (55 ga1. drums) Standard 0i1 Company .59 per gallon Motor Oil (cases, 34 qts.) Standard 0i1 Company 4>74 per case' TOPICS PROJECT - SIGNAL AT BRANCH & TRAFFIG WAY Administrator Butch reporte'd that the State requires a resolution stating that the City has a right-of-way with no additional right-of=way being needed, and a Certificate of Right-of-Way iri which the Mayor states that the City has a right-of-way, for the installation of a tra~fic signal at Traffic Way and Braneh which will make use of Topics funds. After Council discussion, Administ~atox Butch read a resolution approving and authorizing exeeution of a right-of-way Ge~tificate (Topics Project). RESOLUTION N0. 962 A RESOLUTION OF THE CITY COUNCIL -0F ~T:L CITY OF ARROYO GRANDE APPROVING AND AUTHORIZI~~~ EXECUTION OF A RIGHT-OF-WAY CERTIFICATE (TOPICS ~'ROJECT) On motion of Councilman Schlegel, seconded by Councilwoman Thompson, and on the following roll call vote, to wit: AYESt Couneil Members Schlegel, Thompson, Talley, Wood and' Ma.yor Levine . NOES: None. ABSENT: None. the foregoing resolution was passed and adopted this 28th day of December, 1971, N~TZCE OF APPEAL-LOT SPLIT CASE N0. 71-147 APPROVED BY PLAN. COMM.(DOECKEL)-1/11[.,~.2, ° Administrator Butch advised that Bernice Doeckel, 450 Wood.land Drive, has filed an appeal to the City Council on Lot Split Case No. 71-147, which was approved by the Planning Commissian, and that a hearing before the Council is set for 8:00 p.m., January 11, 1972. RECEIPT OF OPEN SPACE ELEMENT OF THE CO. OF S.L.O. MASTER PLAN Administrator Butch reported ~hat a copy of the Open Space Elem~nt ~ ot the San Luis Obispo County Ma.ster Plan had been received. The County public h~aring will be held over until February to enable the County Planning Cacmnission time to review it. . ~ STATUS REPORT - INST TO FILE'COMPLA.INT RE• BILLBOARDS IN VIOL OF MUNI, CODE City Attorney Shipsey advised that he had filed a Complaint against the Ryan Outdoor Advertising Company and the property ownexs, upon whose property faur out~.oor advertising signs are located, which are in viala- t.ion of Municipal Code Section 8-9,03 (f) and he further advised that ~~~n Outdoor Advertising Company has filed a Cross-Complaint in this matter. ~±F~ ~(7~' FtNMENT On motion of Counc~lanan Wood., seconded by Councilman Talley and u~~.nzmously carried, the meeting adjaurned at 9:26 P.M. ~ y a ~ : ~ .c": .r''~~ ~ CITX ~LE OR