Minutes 1983-01-25
~ 277
.:)
CITY COUNCIL JANUARY 25, 1983
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session with Mayor Smith presiding. Upon
roll call, Council Members Lawrence E. Vandeveer, Matt Gallagher, Mark M. Millis,
and Karl A. Hogan reported present.
PLEDGE OF ALLEGIANCE
Council Member Millis led the Pledge of Allegiance to our Flag.
Reverend Jim Wickstrom, Grace Bible Church, Arroyo Grande, California,
delivered the invocation.
I
I APPROVAL OF MINUTES
, On motion of Council Member Vandeveer, seconded by CoUncil Member
! Gallagher, it was unanimously voted to approve the minutes of January 11, 1983
'- as presented.
APPROVAL OF WARRANTS
On motion of Council Member Vandeveer, seconded by Council Member
Gallagher, Demand Warrants #19085 through #19203 in the amount of $.351,091..22
and Payroll Warrants #24194 through #24278 in the amount of $420,094.69
were approved and ordered paid.
ORAL COMMUNICATIONS - None.
APPROVAL OF CONSENT AGENDA ITEMS
On motion of Council Member Vandeveer, seconded by Council Member
Gallagher, it was unanimously voted to approve the Consent Agenda Items
with the recommended courses of action.
1. Request for Mayor to Proclaim the Week of March 8, 1983, as "NATIONAL
WOMEN'S HISTORY WEEK." RECOMMEND MAYOR SO PROCLAIM.
2. Receipt of Arroyo Grande Fire Department Annual Report for 1982. RECOMMEND
REvIE\oI AND FILE.
3. Receipt. of SCAT's Ridership Report for Months of November and December, 1982.
RECOMMEND REvIEW AND FILE.
4. Receipt of Recommendation by Carl Warren & CoJ, City's Insurance
Representative, for Council to Reject Claim by Valverde, Incident of 10/2/82,
.on Tally Ho Road. RECOMMEND COUNCIL SO REJECT SUBJECT CLAIM. ,
5. Receipt of Agenda for Zone Three Advisory Committee Meeting of January 20,
1983, and Accompanying Support Material. RECOMMEND REvIEW; APPLICABLE ACTION,
IF ANY: AND FILE.
6. Receipt of Chief Plant Operator's Monthly Report for. December, 1982,
Re. South San Luis Obispo County Sanitation District's Maintenance and
I Operation of Treatment Plant; Plus Letter from San Luis Obispo County Re.
Lease of Airport Land for Information Purposes Only. RECQo/MEND REvIEW AND FILE.
I
I 7. Receipt of League of California Cities' Legislative Bulletin No. 5-1983,
"- Plus Others. RECOMMEND REvIEW; APPLICABLE ACTION, IF ANY: AND FILE.
8. Receipt of Report by Parks and Recreation Director, Re. Parks and
Re~reation Commission's Meeting of January 12, 1983. RECOMMEND REvIEW AND FILE.
9. PresentationjDistribution of Finalized 1982-83 Municipal Budget for City
of Arroyo Grande. RECOMMENID COUNCIL RECEIVE AND FILE.
I
,
,
I
_.---- -------~.- ----..-" ---- ----~---- ----- -
,.-. :)
278
CITY COUNCIL JANUARY 25, 1983
ARROYO GRANDE, CALXFORNIA PAGE TWO
10./ Receipt of 1981-82 Annual Report by California State Board of
Equalization. RECOMMEND REVIEW AND FILE.
11. Receipt of Planning Commission Answered Agenda and/or Minutes for
Meeting of January 18, 1983. RECOMMEND REVIEW AND FILE.
DELETED AGENDA ITEMS - C-2, C-3.
REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS RE: ACCEPTANCE OF PEARWOOD \
DRAINAGE DITCH (PROJECT NO. 90-82-3)
Public Works Director Karp stated that the project has been
satisfactorily completed. The City's contractor Alex Madonna performed
the work in an expeditious and professional manner and with the utmost
sensitivity to the adjoining property owners. He added that he has sent a
letter to the property owners thanking them for their cooperation. He
recommended that Council accept on behalf of the public the project; authorize
a progress payment in the amount of $4,077.90 (90 percent of the contract)
immediately; authorize the City Clerk to file the notice of completion with
the County Recorder; and authorize staff to release the ten percent retention
as required by the contract 35 days after recordation of the notice of
completion. On motion of Council Member Millis, seconded by Council Member
Gallagher, it was passed to accept the project with the recommendations as
stated by Mr. Karp. All voted in favor with Council Member Hogan abstaining;
I REPORT/RECOMMENDATION BY PUBLIC WORKS DIRECTOR REJ:::ACCEPTANCE OF IMPROVEMENTS
ON~CT 1025; VILLA CALLE, (MDMPROPERTIES) , MERILEE PECK, SPRUCE AND ASH STREET!!~
Public Works Director Karp stated that the improvements constructed
were a condition of approval of Tract 1025, which is a condominium located at
290 Spruce Street. He stated they have been satisfactorily compl~ted and he
recommended Council accept for maintenance the public improvements constructed
with Tract 1025 and authorize the release of subdivision guarantees. On
motion of Council Member Hogan, seconded by Council Member Vandeveer, it was
1 unanimously voted to accept the improvements on Tract 1025 and authorize
1 the release of subdivision guarantees.
I
,
i REPORT BY PLANNING DIRECTOR RE: PLANNING COMMISSION'S DENIAL OF REZONING
I CASE NO. 82-165; ZONE CHANGE FROM MB3, RESIDENTIAL AGRICULTURAL DISTRICT
i TO P-D PLANNED DEVELOPMENT DISTRICT, MAY AND PASEO STREETS , JEI'FREY ClARRITHERS
i Acting Administrator Clark stated that this item was placed
,
I on the agenda for Council's information only.
, REPORT/REOOMMENDATION BY PLANNING DIRECTOR RE';, PLANNING COMMISSION'S ACTION
i ON SPHERE OF INELUENCE LINE
Acting Administrator Clark reported that the Planning Commission
i has recommended that the City's sphere of influence line be the same as the
\ city limit line. Planning Director Hays referred to the minutes of the
i
I Commission's action. He added that Council should make a recommendation to
, LAFCO. Council Member Gallagher requested that a study session be held "I
I in reguards to what takes place within the sphere. of influence line. I
i Atto~ney Shipsey pointed out that it is LAFCO's policy not to annex any area
i outside of a city's sphere of influence line. Council Member Vandeveer i
i I
i stated he dmes not agree with the Planning Commission's recommendation and
he would like a study session also. Council Member Millis stated that Council
is on record in the past as stating that the sphere of influence line is the
city limit line, but this policy can be changed. Council Member Hogan
stated that the shpere of ~nfluence line shfuuld be slightly outside the
city limit line so that the City has some control. Mayor Smith stated that
LAFCO should be notified of the Planning Commission's decision for input
pUJJposes. She requested that Planning Director Hays forward such a letter
and indicate that the Council will ho~d a study session on the matter.
On motion of Council Member Vandeveer, seconded by Council Member Hogan, it
was unanimously voted to hold a study session on the City's sphere of influence
on January 31, 1983 at 7:30 P.M. and to so inform LAFCO.
,
,
i
,-..
~ 279
CITY COUNCIL JANUARY 25, 1983
ARROYO GRANDE, CALIFORNIA PAGE THREE
CONTINUED DISCUSSION RE: CERTIFICATION OF FINAL EIR FOR SHANNON RANCH PREZONING
Mayor Smith moved to certify the focus EIR complete as a document
to be used to consider a'prez6ning application made by the developer. The
motion Was seconded by Council Member Hogan. Council Member Gallagher
stated that the report is not conclusive and leaves unanswered questions,
such as drainage. Council Member Vandeveer stated that Council did request
a focused EIR and he would favor the certification. Council Member Millis
agreed that the EIR speaks to the specific items previously requested by
I Council on April 27, 1982. He questioned the next step of the procedure.
Planning Director Hays stated that because the applicant has already applied
for a prezoliing ,':the next step would be a public hearing before the Planning
I Conunission. Mayor Smith stated that she would like to see a polmcy statement
'-.-. that the City not be responsible for any improvements for this EIR or any
other. A roll call vote was taken:
AYES: Council Members Vandeveer, Gallagher, Millis, Hogan, Mayor Smith.
NOES: None
ABSENT: None
CONTINUED CONSIDERATION OF PROPOSED WATER RATE INCREASE
Acting Administrator Clark stated that this matter was continued
to this meeting to allow the Public Works Director to check on the status
of the bonds and the request that the City Administrator's ten percent
salary be removed from water service. Public Works Director Karp reported
that there was concern tiy,Council if the bonds would sell. He stated that
the bonds have been put out for sale for the Safe Drinking Water Act or
other seate venture since last November. He added it is unlikely any bonds
will be sold by the state within the next two months, but he sees no
concern that the bonds will not sell. Council Member Millis questioned the
allocations to different accounts by staff. Council Member Gallagher suggested
that water users be billed for the three highest months of the year. Finance
Director Bacon explained the difficulties in this procedure due to persons
changing residences, etc. Council Member Vandeveer agreed that too many
persons are allocated to the water account and it should be updated. Council
Member Millis stated that the water fund should not carry the city and he
requested a breakdown of employees. He further moved to table this matter
for six months. There was no second.to the mb~ion. Mayor Smith. moved to
approve the water rate increase as recommended by the Finance Director to
be effective July 1, 1983. and was seconded by Council Member Gallagher. A
roll call vote was taken:
AYES: Mayb,,'Smith
NOES: Council Members Vandeveer, Gallagher, Millis, and Hogan
ABSENT: None
Council Member Hogan moved to hold a public hearing on this matter. No second
was made to the motion. There was discussion as to whether a public hearing
on this matter should be held. Acting Administrator Clark indicated that a
public hearing was held on December 14, 1982. After further discussion, it
was the consensus of Council to take no action and remove this item from the
'-- agenda.
CONTINUATION OF REVIEW OF DIFFERENTIATION BETWEEN CITY MANAGER AND CITY
ADMINISTRATOR
Acting Administrator Clark reported that Council had requested
information as to the difference between the designation 'City Administrator'
and 'City Manager'. He referred to the submitted copies of sample ordinances
from other cities. On motion of Council Member Hogan, seconded by Council ,
Member Millis, it was unanimously voted to change the designation to 'City
Manager' and request the City Attorney to return with the amendments to the
ordinance.
280 .~ ')
CITY COUNCIL JANUARY 25, 1983
ARROYO GRANDE, CALIFORNIA PAGE FOUR
PROGRESS REPORTS
--Update of General Plan of City of ArrQYo Grande.
--Block House Located Within Village Area.
--Restroom Facility - Village Area.
--Spheres of Influence.
.--Update/Status Report, Re..WellsjPearwood Matter.
~ --Eucalyptus Trees Along The Pike.
--Appointment to Parks and RecreationnCommission by Mayor Smith.
--NoncCommercial Guest Houses in R-A Zoning District (Being Held ----,
in Abeyance for Review by Planning Commission).
Planning Director Hays reported that the draft of the Housing Element is almost
complete and will be considered by the Planning Commission in the near future.
Acting Administrator Clark reported that the plans are being drawn fo~ the
restroom facility. He added that a letter was sent to Supervisor Brackett
regarding the eucaiyptusucrees along ~he Pike and she is investigating the
matter. Neville Romaine, 1120 The Pike, spoke concerning the trees and
stated it is an urgent situation. Mayor Smith indicated she has no
appointment to the Parks and Recreation Commission at this time. Acting
Administrator Clark stated that the guest houses in the R-A District will
be considered by the Planning Commission.
REVIEW AND. CONSIDERATION BY COUNCIL TO PURCHASE TAPE RECORDER FOR RECORDINGS
DEJ.:COUNCIL MEETINGS
Acting Administrator Clark stated that staff has had problems in
the past'with the quality of the tapes of Council meetings and Planning
Commission meetings and have had attorneys and citizens intto review the tapes
and they are difficult to understand. He added that the old recorders have
been repaired and work only for a' short time. He requested thatcCouncil
consider purchase of the Dictaphone machine in the amount of $545.90.
Council Member Gallagher stated he would support purchase of the Dictaphone
as he has heard the tapes of the last meeting and they are quality recordings.
Council Member Millis added that the Dictaphone is also capable of transcribing.
Council Member Gallagher moved to authorize purchase of the Dictaphone
machine in the amount of $545.90 and was seconded by Council Member Vandeveer.
All voted in favor.
REQUEST BY SONIC CABLE TV FOR INCREASE IN CABLE SUBSCRIBER RATES
Acting Administrator Clark reported that Sonic Cable ~ is
requesting an increase in cable subscriber rates and he referred to the
report provided by Sonic. Mr. Bill Hargen, Sonic Cable TV, 755 Santa Rosa
Street, San Luis Obispo, stated that the report was submitted in December and
is an aNalysis of Sonic's last year's revenue and expenses. They are
proposing an increase of 6~ percent. Council Member Vandeveer questioned the
present situation of Home Box Office and the current franchise. Council Member
Gallagher questioned the rates in other.cities. Reuben Kvidt and Marie Cattoir
spoke to the increase. Bill Penney, 679 Corral Place, requested that any
increase be denied until the residents of Corral Place, Gularte Road, and l
Corbett Canyon Road area are provided with the service. It was the consensus
of Council to hold a p~lic hearing on this matter at the next meeting of
February 8, 1983.
--
281
CITY COUNCIL JANUARY 25, 1983
ARROYO GRANDE, ,CALIFORNIA PAGE FIVE
WRITTEN COMMUNICATIONS
Acting Administrator Clark stated that a letter was received
from Mr. Jay Connor of Pacific Gas and Electric Company requesting
consideration of a resolution opposing the Northern California Power
Agency, Sacramento, Municipal Utility District, and Southern California
Ci ties Consortium take~Jovet:t:;'of the operating licenses for the Rock Creek,
Cresta, Mokelumne Riv~r, Phoenix and Haas-Kings River projects. It was the
consensus of Council to continue this matter to the next meeting for further
l review. Acting Administrator Clark reported that a letter was received
for the San Luis Obispo County and Cities Area Planning and Coordinating
Council requesting a special meeting to discuss a notice of request for
comments on the Environmental Impact Statement for Lease Sale 173. The
meeting will be January 27, 1983 at 2:30 P.M., Veterans Building, San Luis
Obispo.
ORAL COMMUNICATIONS - None.
CLOSED SESSION
Council adjourned to Closed Session at 9:35 P.M. and returned
at 10:37 P.M. Mayor Smith announced that Mr. Robert Mack is appointed as
the new City Manager of the City of Arroyo Grande. Mr. Mack will begin
employment on Monday, February 7, 1983.
ADJOURNMENT
On motion of Council Member Millis, seconded by Council Member
Hogan, it was unanimously voted to adjourn at 10:39 P.M. to an adjourned
meeting on January 31, 1983 at 7:30 P.M. for the purpose of a study session
regarding spheres of influence.
~,~~
MAYOR i
I
ATTEST:
,
I
i
"-"