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Minutes 1983-02-08 ~ 0 283 CITY COUNCIL FEBRUARY 8, 1983. ARROYO GRANDE, CALIFORNIA The City Council met in regular session with Mayor Smith presiding. On roll call, Council Members Lawrence E. Vandeveer, Matt Gallagher, and Mark M. Millis reported present. Council Member Karl A. Hogan was absent. PLEDGE OF ALLEGIANCE Council Member Millis led the Pledge of Allegiance to our Flag. Pastor Kenneth Beene, Landmark Missionary Baptist Church, Arroyo Grande, delivered the invocation. l, APPROVAL OF MINUTES On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to approve the minutes of January 25 and February 1, 1983 as presented. APPROVAL OF WARRANTS On motion of Council Member Vandeveer, seconded by Council Member Gallagher, Demand Warrants#19203A through #19284 and #P488 through #P502 in the amount of $187,665.86 and Payroll Warrants #24279 through #24379 in the amount of $54,231.l4 were approved and ordered paid. ORAL COMMUNICATIONS Mr. Neville Romaine, l120.The Pike, reiterated the concerns o~ the residents along The Pike about the eucalyptus .trees and the possible danger of them falling. He requested they be cut down or brought down to a height of 25 feet. He added that the homes receive no sun and fire is also a danger. Parks and Recreation Director Keisler stateq that the trees are located on private property in the county and are not under the City's jurisdiction. The property owner is not willing to cut ~he trees down but is willing to prune them. The City 's insurance carrier recommended the property owneDs be advised that the liability is the property owner's and not the City's. Mr. Keisler added that the property owner is aware of the liability. Ruth Brackett, Fourth District Supervisor, stated that the matter is. now. in the hands of the County Engineers and County Counsel, regarding the liability. The County does not have an ordinance allowing it to trim limbs leaning on county property, but these limbs lean over City property. She stated that the Halcyon residents and the property owner are adamant that the trees are not cut. A letter was received by Claire C. Milburn, 1062 The Pike, requesting Council take action to assure the safety of the residents on The Pike. APPROVAL OF CONSENT AGENDA ITEMS Council Member Vandeveer requested that item. #3 be removed from the Consent Agenda. On motion of Council Member Millis, seconded by Council Member Gallagher, it was unanimously voted to approve Consent Agenda Items #1 and #2 and #4 through #10 with the recommended courses of action. l 3. Receipt of Minutes of Parking and Traffic Commission Meeting for Monday, January 10, 1983. RECOMMEND REVIEW AND FILE. Council Member Vandeveer requested information regarding the minutes. Public Works Director Karp responded and stated that further consideration of this item is listed on tonight's agenda. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to approve Consent Agenda' Item #3. 1. Receipt of Departmental Monthly Report for January, 1983. RECOMMEND REVIEW AND FILE. 2. Receipt of Statistical Report by Animal Regulation Advisory Committee f0r City of Arroyo Grande Only for Period of January 1, 1982 through December 31, 1982, and Minutes of Said Committee's Meeting of December 16, 1982. RECOMMEND REVIEW AND FILE. .....-. -_. ..-_.- ---. .-..-- _O._n_._n ----- .~.. --' . _ ...u_ ... .. ~ I ------ -.--....-- .....---...--.- -"-~'-~'~-"'-"- .. ... .~.._-,._--------... ..----. -.--- ...- -- . . .. '_u,_. - ''J 284 CITY COUNCIL FEBRUARY 8, 1983 ARROYO GRANDE, CALIFORNIA PAGE TWO 4. Receipt of Monthly Cast Statement for December, 1982, Re. Zone Three Advisory Committee's Affairs of Business - FOR INFORMATION. RECOMMEND REVIEW AND FILE. 5. Receipt of Legislative'Bulletin'rNo. 7-1983 from League of California Cities and Others. RECOMMEND REVIEW; APPLICABLE ACTION, IF ANY, AND FILE. 6. Receipt by Council of Copy of Its Invitation to Meet and Greet Newly- Appointed City Manager, Robert Mack, at an Open House to be Held on Sunday, .~ February 20, 1983, between 2:00 and 5:00 P.M., at the Arroyo Grande community '1 Center. INFORMATION. 7. Notification of Public Hearing to be Set for Council Meeting of I February 22, 1983, at 8:00 P.M., Re. Appeal of Planning Commission's Denial of Rezoning Case No. 82-165 - Request for Change from RAE3, Residential Agricultural District, to PD, Planned Development District, May and Paseo Streets (Jeffrey Carrithers). RECOMMEND APPROVAL OF SUCH DATE .FOR PUBLIC HEARING. 8. Receipt of San Luis Obispo County Air Pollution Control District's Quarterly Report for 10, 11 and 12, 1982. RECOMMEND REVIEW AND FILE. 9. Receipt of Request for Council Approval of Progress Payment No. 2 for Improvements at Strothe+ Park (RestroO~.Facility and Pi chic Area) to Contractor John Foremaster as Recommended by Parks Director. RECOMMEND COUNCIL APPROVE AND DIRECT PAYMENT TO BE MADE IN APPROVED TOTAL AMOUNT. 10. Receipt 6~rReport for January, 1983, on South San Luis Obispo County Sanitation District's Maintenance and operation of Treatment Plant. RECOMMEND REVIEW AND FILE. PRESENTATION BY DIRECTOR OF PUBLIC WORKS OF REQUEST BY EDD C. BOWEN FOR PERMISSION TO INSTALL SEPTIC TANK AND LEACH!DNCK'SYSTEM , PARCEL 3, TRACT 600, BRANCH MILL ROAD, GREENWOOD MANOR AREA Public Works Director Karp reported that Tract 600 on Branch Mill Road was approved with large lots in excess of 4.9 acres minimum. Water and sewer service by well and septiectank was discussed by the Council at the time of tract approval. The County reviewed the tract and issued a letter dated July 5, 1977, indicating that septic tanks could be approved in Tract 600 if constructed apprmpriately for single family dwellings without creating a health hazard. Ordinance No. 150 C.S. requires hookup to the Ci~y sewer when a lot is 250 feet of available sewer. Septic tank approval can be grant~d 6nly by Council. He recommended that a waiver be granted for this request. On motion of Council Member Varideveer, seconded by Council Member Gallagher, it was unanimously voted to grant the waiver. CONTINUING DISCUSSION RE: WOODLAND DRIVE PARK AREA MATTER Acting Administrator Clark reported that the Parks and Recreation Director has been working with the property owners in working out a license/ l agreement to return the property along the creek to the property owners. Parks and Recreation Director Keisler stated that all property owners but one is in agreement to theliicense. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to return this matter to Council after the City Attorney has clarification of the wording. . PUBLIC HEARING RE< PROPOSED RATE INCREASE IN CABLE TV SERVICE Acting Administrator Clark explained the requested rate increase. The hearing having been properly noticed and published, Mayor Smith opened it for public comment. DON STEWART, 834 Bambi Court, stated he had presented petitions to Council Member Gallagher protesting the rate increase because of poor reception being received from Sonic. Council Member Gallagher read the title of the petition and presented them to the City ~&erk. On motion of Council Member Gallagher, seconded by Council Member Millis, it was unanimously voted to accept the petitions into the record. The petition consisted of 24 pages and 525 signatures. JIM CATES, 376 Tiger Tail Drive, stated he has complained to Sonic about poor reception for some. time. ------ ~ t:) 285 CITY COUNCIL FEBRUARY 8, 1983 ARROYO GRANDE, CALIFORNIA PAGE THREE MR. O'KEEFE, 296 Aspen; SANDY FACCHETTI, 248 Tally Ho Road; GARY JOHNSON, 1150 The Pike; GEORGIB O'CONNOR,*310 W. Cherry; MARIE CATTOIR, 195 Orchid; and ELLA HONEYCUTT, 560 Oakhill Road, spoke in opposition to the rate increase. B!ll Har~an, Executive Vice President of Sonic Cable TV, explained that the xeb~ilding of the system commenced September 1982 and should be completed in 60 days. He explained the uurrent rebuilding of the sys~em and that it has cost in excess of $400,000. Mr. Hargan reviewed the map showing the areas not to be serviced but which.can be built out to at a premium charge. He explained that When the new system is. built, the old one will be shut off. l He further explained about the microwave relay system and signals, which Sonic pays for but does not own. He reiterated about the costs 90 far and other problems they have no control over. He felt thel.levU':clif 'seriri:ce is high and has expended much money to keep"it improved. Council Member Gallagher stated that the proper time to ask for an increase is in 60 days when the building out is complete. Mr. Hargan stated that the increase has been held off and with the. expenditure of $400,000, more money is needed for expenses. MRS. BARTTELBORT, 816 Bambi Court, spoke in opposition to the increase. There being no further comments, the hearing was closed. Council Member Gallagher suggested a questionaire regarding the service be sent by Sonic to every fifth subscriber, with a response mailed to the City. He stated this was done some years ago and the response was very good. He felt the increase should be denied for 90 days; 60 days for completion of the rebuilding and 30 days for monitoring of the.,"system. Council Member Millis stated he cannot vote in favor of an increase until the service has improved. Council Member Vandeveer stated that Ordinance 189 C.S. doesn't reflect the 4%, from 2., franchise increase approved in 1981 and this has resulted in an increase of income realized by the City. He w~~ favor of the increase. Mayor Smith stated she feels the increase is~i ran~~d, but would like to continue the matter for 90 days to see if the system improves. After discussion, Council Member Millis moved to table Sonic's rate increase request for 90 days and at that time return for a public hearing to consider the rate increase. The motion was seconded by Council Member Gallagher and a"roll call vote was taken: AYES: Council Members Gallagher and Millis, Mayor Smith NOES: Council Member Vandeveer ABSENT: Council Member Hogan FURTHER CONSIDERATION OF SCHOOL FACILITIES FEE ORDINANCE Council Member Millis excused himself from the Council table, citing a possible conflict of interest in discussion of this item, as he is employed by Lucia Mar Unified School. District. Acting Administrator Clark expiained that this matter is before Council as a result of a letter directed to the City Attorney from the Schools Legal Service, Bakersfield, requesting consideration of the matter. Mr. Frank J. Fekete, Schools Legal Service reviewed the background for the schools facilities fee request, including the proposed ordinance. He stated that if the schools state there will be overcrowding, and Council agrees, the City can either impose fees to pay for interim school facilities, or cannot approve any rezonings, subdivisions, etc., if the City cannot corne up with a reason not to support the school , facilities fee. There was a discussion regarding an ordinance the City "- had passed for a schools fee, but which is inoperative because other entities in the Lucia Mar District did not adopt it. Mayor Smith stated that users should pay, .but is in favor of the City adopting. the old ordinance. Mr. Fekete stated that the ordinance and statutes were intended for interim relief until new schools are built. He explained, however, that builders can contribute fees, under a separate resolution, often of a lesser amount than required by ordinance, stipulating it for new schools. Contractors are sometimes more willing to do this since the interim facilities are not Substantial,'rlast only about 10 years and are difficult to move. *Georgie O'Connor spoke regarding reception rather than in opposition to the rate increase. I . .. - ----- -- --_.-.- -.--- -- ~ ~ 286 CITY COUNCIL FEBRUARY 8, 1983 ARROYO GRANDE, CALIFORNIA PAGE FOUR Council Member Vandeveer stated that our City Attorney should study both ordinances and return with a recommendation. Council Member Gallagher questioned whether the effect of Diablo completion with workers and families leaving has been taken into consideration. Dr. HOegiand, Superintendent of Lucia Mar School District, stated it has not. Mayor Smith requested that the City Attorney review both ordinances, discuss the matter with,;b):her attorneys, and return at thennext meeting. CONTINUED DISCUSSION OF P.G. & E. 's REQUEST FOR CONSIDERATION OF PROPOSED ! RESOLUTION OPPOSING TAKE-OVER OF OPERATING~,EICENSES FOR VARIOUS RIVER POWER i PROJECTS BW OTHER AGENCIES/DISTRICTS A6tinq3Ammtnis~tator Clark reported that a letter was received from Mr. J4Y Connor, Manager of the Five Cities Office of P.G. & E., advising of the rate impacts on citizens of the Arroyo Grande area regarding the relicensing of hydroelectric projects. He added that a resolution is proposed my P.G. & E. in support of the reliaensing. There being no questions from Council, Attorney Shipsey read the title of the resQlution. On motion of Council Member Gallagher, seconded'by Council Member Vandeveer, it was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO. 1686 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE IN SUPPORT OF RELICENSING OF HYDROELECTRIC PROJECTS TO THE PACIFIC GAS AND ELECTRIC COMPANY On motion of Council Member Vandeveer, seconded by Council Member Ie I Gallagher, and on the following roll call vote, to wit: AYES: Council Members Vandeveer, Gallagher, Millis, Mayor Smtth NOES: None ABSENT : Council Member Hogan the foregoing Resolution was passed and adopted this 8th day of February, 1983. . CONTINUED DISCUSSION RE: SPHERE OF INFLUENCE Council Member Millis moved that Council go on record in. support of the unanimous vote of the Planning Commission regarding keeping the sphere of influence line at the city limits. The motion was seconded by Mayor Smith. Council Member Gallagher proposed that Council meet with this district's new supervisor for further interpretation of the authority of LAFCO regarding a fixed rule as to what say the City has to proposed~ developments outside the city limits. Council Member Vandeveer stated that ~CO should be allowed to do the study and then Council change it if desired. He sbated that the sPhere of influence shoald be extended to allow the e~ty 1 control. Council Member Millis stated that LAFCO should not decide this matter as it is the Council's responsibility and Council should stay with the current policy of recognizing the sphere of influence line at the city limi t line. To extend the sphere of influence is to lead property owners to believe that the City is receptive to annexation. PUblic Works Director Karp reported on the proposed developments in the Los Be>;ros RoadlEl Campo Raad.'l.areas. Mayor Smith agreed that the city.limit line should be the sphere of influence line so as not to give a signal' to property owners. She added that the City cannot provide any further services. Council Member Vandeveer moved to amend the~~otion to add that the matter be held over until a full council is present. The'amended motion died for lack of a second. -------- .-. 8 287 CITY COUNCIL FEBRUARY 8, 1983 ARROYO GRANDE, CALIFORNIA PAGE FIVE Marie Cattoir, 195 Orchid, stated that the city..Ican set certain standards I with regard to the sphere of influence line. Ella Honey.cutt, 560 Oakhill Road, stated that the sphere of influence line shoulddremain at the city limit line and LAFCO be allowed to do the sbu~. A roll call vote was taken on the original motion: AYES: Council Member Millis, Mayor Smith NOES: Council Member Vandeveer ABSENT: Council MemJoer',Hogan ABSTAIN: Council Member Gallagher L Mayor Smith. directed Staff to send a letter to LAFCO advising them of Council's action. PROGRESS REPORTS --Update of General Plan of City of Arroyo Grande. --Block House Located within Village Area. --Restroom Facility - Village area. :- --Appointment to Parks and Recreation Commission by Mayor Smith. --Non-Cormnercial Guest Houses in "RA" Zoning District. , On motion of Council Member Vandeveer, seconded.,by Council Member Gallagher, , it was unanimously voted to authorize the Downtown Association to expend \. $1200 for purchase of the block building. Public Works Director Karp stated that he has ordered the title report and the City will also own the property on which the block house is located. Acting Administrator Clark stated that the plans for the restroom facility are still being drawn by volunteers. Mayor Smith nominated Billy W. Howells to the Parks and Recreation Commission and was voted unanimously. Planning Director Hays stated that the RA District is being held in abeyance for review by the Planning Cormnission at its next meeting. RECOMMENDED ACTIONS BY PARKING AND TRAFFIC COMMISSION FOR COUNCIL'S CONSIDERA;l'ION - Suggested Painted Pedestrian Crosswalk at Poplar and South Eim Street. Public Works Director Karp stated that this recommendation was considered by the Parking and Traffic Commission. The general consensus was that it would be unsafe to put one in that location and that crosswalks should only be placed where there is a ~top sign or a signal. It was the consensus of Council to take no action on this matter. _. .P'r0posed Changes on Branch Street. a) Elimination of Parking Space on Branch Street, East of Bridge Street for better Visibility. Public Works Director Karp read the title of the resolution. On motion of Council Member Gallagher, seconded by Council Member Millis, it was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO. 1684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO PARKING" I ZONE ON A PORTION OF BRANCH STREET '- On motion of Council Member Millis, seconded by Council Member Gallagher, and on the following roll call vote, to wit: AYES: Council Members Vandeveer, Gallagher, Millis, Mayor Smith NOES: None ABSENT: Council Member Hogan the foregoing Resolution was passed and. adopted this 8th day of February, 1983. "_'_'_._u_._ .--_. - -..--- 'd.~. ._.-. -..-...._..._- ..... -'". .. ...--.. ..-.-- _. ---- ..-.--.-- . ---- ....--- ~ tJ 288 --' CITY COUNCIL FEBRUARY 8, 1983 ARROYO GRANDE, CALIFORNIA PAGE SIX bJ Dependent Upon Adequate Road Width, Provision of Middle Lane Between Wesley and Mason Streets. cJ Elimination of Left Turn onto Branch Street from Nevada, and from B~idge Street. Public Works Director Karp reported that the Parking and Traffic Commission has been studying Branch Street trying to facilitate a more even traffic movement through the downtown area until such time as Le Point Street is developed. It is proposed to eliminate left turns onto Branch .- Street from Bridge Street and Nevada::St..eet. The Commission suggests that a middle lane be established from the Catholic Church property to Mason, have a single lane down to BankJ:of America and a left turn lane onto Nevada and then a left turn to Mason. The CoMmission felt if curbs permitted the establislunent of a middle lane in the area withoutrreduced parking, khat improvement should be made along with the elimination of left tur~s onto Branch Street at Bridge and Nevada Streets. He recommended at this time to take action only on the meft turns. After discussion, it was moved by Council Member Gallagher, seconded by Council Member Millis, to direct staff to draft a resolution eliminating left turns onto Branch Street from Nevada and Bridge Streets. - .proposed Establislunent of Three Two-Hour Parking Spaces on Branch, i.e., One on Front of Village Art and Two in Front of Interiors by Amanda. Public Works Director Karp stated that this matter is at the request of the Downtown Parking Advisory Board. The Parking and Traffic Commission agrees with the recommendation. The purpose ~n this recommendation is that some spaces are being used for 8-10 hours per day. Mr. Karp read the title of the resolution. On motion of Council Member Gallagher, seconded by Council Member Vandeveer, it was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO. 1685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "TWO-HOUR PARKING" ZONE ON A PORTION OF BRANCH STREET On motion of Council Member Vandeveer, seconded by Council Member Gallagher, and on the following roll call vote, tm wit: AYES: Council Members Vandeveer, Gallagher, Millis, Mayor Smith NOES: None ABSENT: Council Member Hogan the foregoing Resolution was passed and adopted this 8th day of February, 1983. REQUEST BY KKAL RJIDIO TO INSTALL TWO MICROWAVE RELAY COMMUNICATION DISHES ON CITY PROPERTY AT NORTH END OF VERNON STREET ABOVE SEVENTH DAY ADVENTIST l CHURCH Acting Administrator Clark stated that a letter was received from Gary Owens, Vice President and General Manager of Kal Koast Radio Corporation, requesting permission to install a thirty foot mast at the water facility above Vernon Avenue. The purpose for the ~ast is to hold two microwave relay communications dishes and further permission to place a box 'in the shed that presently exists on the site. Pul!>lic Works Director Karp requested Council to add the stipulation that if this installation effects the City's communication system that it be removed and he added that Mr. Owens is in agreement. After discussion, it was moved by Council Member Gallagher, . seconded by Council Member Millis and unanimously carried that permission be granted to KKAL Radio per their request. -------- 289 CITY COUNCIL FEBRUARY 8, 1983 ARROYO GRANDE, CALIFORNIA PAGE SEVEN ORAL COMMUNICATIONS Council Member Gallagher requested information as to the purchased house next to the Police Station and asked if it is livable. He suggested that if it is, the City could be renting it and receiving income. He asked that staff look into this matter. Mayor Smith stated that she can arrange an oil rig tour if any council members are interested. Council Member Vandeveer stated that many people could not use Burn Week last week due to the rain and stateddthat if anyone is interested in still burning, they may contact the Fire Chief. Council Member Millis questioned the City's l grading ordinance. Public Works Director Karp reported that he is updating the ordinance and will bring it before Council. Mayor Smith announced that there will be an open house on February 20, 1983 from 2:00 to 5:00 P.M. at the Community Building to meet our new City Manager, Robert Mack. She stated that everyone is invited to attend. ADJOURNMENT Mayor Smith deolared the meeting adjourned at 10:42 P.M. ~,~~ MAYOR ATTEST, {!h1~~ap l DEPUTY Y CLERK