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Minutes 1983-06-14 ~ /:) ~ CITY COUNCIL JUNE 14, 1983 ARROYO GRANDE, CALIFORNIA The City Council met in regular' session with Mayor Smith presiding. Upon roll call, Council Members Lawrence Vandeveer, Matt Gallagher, Mark Millis and Karl Hogan reported present. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Vandeveer led the Pledge of Allegiance to our Flag. Council Member.Hogan delivered the invocation. APPROVAL OF MINUTES On motion of Councilman Vandeveer, seconded by Councilman Millis and unanimously carried, the minutes of the May 24, 1983, meeting were approved a's presented. APPROVAL OF WARRANTS . On motion of Councilman Vandeveer, seconded by Councilman Gallagher and unanimously carried, Demand Warrants No. P536 through No. P543, and No. 20017 through No. 20103, in the total amount of $156,460.03; and Payroll Warrants No. 15055 through No. 25235, in the. total. amount of $122,525.72, were approved for payment as presented by Finance Director Bacon. ORAL COMMUNICATIONS - None. APPROVAL OF CONSENT AGENDA ITEMS Councilman Millis requested Item #7-N be withdrawn from the Consent Agenda. On motion of Councilman Vandeveer, seconded by Councilman Gallagher and unanimously carried, Consent Agenda Items #7-1 through #7-H, #7-0, and #7-P were approved as recommended. A. Receipt of Departmental Monthly Report for May, 1983. RECOMMEND REVIEW AND FILE. B. Requests for Fee Exempt Licenses to Sell Fireworks in Arroyo Grande by the following: 1. Cub Scout Pack 13 2. Gospel Lighthouse Youth.Department 3. American Legion, Arroyo Grande Post 136 , 4. American Legion Auxiliary, Arroyo Grande Post 136 5. Rainbow Girls Assembly #100 6. Arroyo Grande FJre Department 7. Lion's Club '. 8. Chamber of Commerce, Arroyo Grande. RECOMMEND APPROVAL, SUBJECT TO FIRE DEPARTMENT INSPECTION AND REQUIREMENTS. C. Receipt of 1982 Annual Report, Re. Ambient Air Quality and Meteoro- I ogi ca I Resea rch 5u rvey in South Cen t ra 1 Coas t Air Bas in (Northe rn Zone) by Environmental Monitoring Co., Inc. of San Luis Obispo, California. FOR YOUR INFORMATION ONLY. D. Notification of Mayors' and Council Members' Executive Forum by League of California Cities, July 20-22, 1983, Monterey. FOR YOUR REVIEW AND INTEREST. E. Receipt of Legislative Bulletins No. 24, 25. 26 and 27, from League of California Cities and Others. RECOMMEND REVIEW; APPLICABLE ACTION, IF ANY; AND FILE. F. Disposition of 30 MSA Helmets by Fire Department. Recommendation: 1. Motion Declaring Surplus Property and 2. Disposition of Same as Recommended by Fire Chief. G. Receipt of Answered Agenda for Planning Commission Meeting of Tuesday, June 7, 1983. RECOMMEND REVIEW ANO FILE. H. Presentation of 1983-84 Preliminary Municipal Budget for City of Arroyo Grande. RECOMMEND RECEIVE & SET BUDGET STUDY SESSION DATES AND TIMES. i , J ~ .~ CITY COUNCIL JUNE 14, 1983 ARROYO GRANDE, CALIFORNIA PAGE TWD , I. Receipt of Parks & Recreation Commission Minutes for May ", 1983. RECOMMEND RECEIVEi'AND FILE. "). J. Memo Re. "Granny Hous i ng" from City Manager. FOR YOUR INFO ONLY. K. Notification of Public Hearing, Re. General Revenue Sharing to be Held June 28, 1983, at 8:00 P.M. before City Council and Organiza- tional Requests for 1983/84 City Funds. FOR NOTIFICATION PURPOSES. ONLY -- REVIEW AND RETAIN FOR PUBLIC HEARING ON JUNE 28, 1983. L. Discontinuance of Non-City Printing and Photocopy Work on Gratis Basis for Community Organizations. RECOMMEND COUNCIL SO APPROVE. . M. Vehicle and Equipment Replacement Plan, 1983-1993. RECOMMEND REVIEW AND FI LE. O. Notification of Forthcoming "League of California Cities Channel Counties Division Meeting on July 15, 1983 in Lompoc~ at which time i Proposed Resolutions for Consideration at Annual League Conference .to be Presented. RECOMMEND COUNCIL REVIEW WITH APPLICABLE DIRECTION. P. Receipt of Order to Show Cause, reo Contempt, Lonnie B. Wells, Sr., et al versus City of Arroyo Grande. RECOMMEND RECEIVE AND FILE. N. Receipt of Minutes of South San Luis Obispo County Water Association's Meeting of June " 1983. FOR YOUR INFO AND FILE. Councilman Millis stated his concerns about supplemental water and a fair deal for Arroyo Grande. Councilman Gallagher said a joint meeting is to be held Thursday, on, Zone 3 with South County Water Association in which they will address those concerns and others, and will be looking at Lopez situation. Councilman Vandeveer stated his feeling that San Luis Obispo needs to be included as .soon as possible. On motion by Councilman Vandeveer for approval of Item #7-N for discussion, seconded by Councilman Gallagher, the motion unanimously carried. EUCALYPTUS TREES ON THE PIKE - AUTHORIZE SIGN!NG OF AGREEMENT City Manager Mack requested authority for the City to enter into agreement with Mr. Romain, representing The Pike. residents, and the tree owners, and also to expend funds to thin trees over the right-of-way on The Pike. Mr. Romain submitted a list of signatures and the addresses of people along the North side of The Pike, who agree to abide by the terms of said agreements. Counci Iman Vandeveer moved for acceptance of the "Letter of Authorization" into the record, seconded by Councilman Gallagher, and unanimously carried. A motion was then made by Councilman Gallagher, seconded by Councilman Vandeveer and unanimously carried to authorize the City of Arroyo Grande to enter into an agreement regarding the eucalyptus trees as presented to the Council. Councilman Millis asked for a legal opinion regarding the responsibility for I iabi I ity. City Attorney Shipsey stated the City has. some responsIbility and obi igation for the protection of the residents. Counci Iman Gallagher suggested the development of a tree ordinance to limit the height of trees planted and the number of trees used for windbreaks, etc., or perhaps including it into the agreements. Mayor Smith commended Messrs. Mack, Romain, Stenquist and Forgostein for their accomplishments in a difficult situation. Mr. Romain in turn, commended Mr. Mack and the entire City Council for their cooperation. PROGRESS REPORT RE. MOSQUITO ABATEMENT DISTRICT Mr. Paul Karp contacted the mosquito abatement districts in the Valley and in Santa Barbara and will be ordering some chemicals shortly to arrest the mosquito problems. Mosquito fish will also be used. No license is requ ired for use; all non-toxic materials will be used. COUNCIL AGREED TO DELAY DISCUSSION UNTIL LATER IN THE EVENING, ON LAFCO'S SPHERE OF .,NFLUENCE STUDY ANO THE PROPOSED INCREASE IN SONIC CABLE TV RATES. ~ '~ CITY COUNCIL JUNE 14, 1983 ~RROYO GRANDE, CALIFORNIA PAGE THREE ORDINANCE F!RST READING - ESTABLISH PARKING & TRAFFIC COMMISSION'S MEETING TIME. An Ordinance was presented as directed by Council at their last meeting to provide that the time of the Parking & Traffic Commission's meeting shall be at 7:00 P.M. on a day designated by resolution adopted by the Commission in accordance with the terminology in Municipal Code Section 2-7.03. . Citizens and members of the Commission prefer 5:00 P.M. according to Councilman Vandeveer's discussion with them. The meetings need to be held at a .time when the publ ic can attend. . After more discussion, City Attorney Shipsey read for its first reading, the title of the Ordinance, amending the Municipal Code by changing the meeting time for the ParkIng & Traffic Commission. Thereafter,'.a motion was made by Councilman Millis, seconded by Councilman Gallagher and unanimously carried, to dispense with reading the balance of the Ordinance. APPOINTMENTS TO VARIOUS COMMISSIONS TO. FILL EXPIRING TERMS Mayor Smith nominated and CouncIl unanimously accepted for the Planning Commission the following appointments: William Gerrish - additional three year term. .... Sharon Fischer - three year term. '\ Ooris Olsen - three year term. The following people were nominated by Mayor Smith, and Council unanimously accepted for the Parks & Recreation Commission the following appointments: Dorace Johnson - three year term. Billy Howells - three.year ter.m. Mayor Smith nominated and Council unanimously accepted for Parking and Traffic Commission the following appointments: Sonia Wagner - three year term. Chuck Fel lows - three year term. Clement Lambert - will fill the seat vacated by Sharon Fischer on the P & T Commission for the balance of the unexpired term, until 6/30/84. Mayor Smith thanked all those who have served and are serving on the various commissions and anticipated that plaques of. appreciation will be presented at a future Council meeting. LAFCO'5 SPHERE OF INFLUENCE STUDY DISCUSSION City Manager Mack reviewed that the Planning Commission conducted a public hearing on June 7, 1983, but. did not state a position on the study, however, they did make comments and statements to be relayed to the Council. Mayor Smith felt a more definite recommendation should have come forth from the Planning Commission on the Sphere of Influence. Mayor Smith opened the meeting for public comments on the document. The following persons spoke on the subj ect: THOMAS ANTOON, 912 Printz Road, limited comments to the issues that apply to the fringe area, stating that at the beginning of the report reference is made to the urban reserve line being coterminous with the city limits, and problems exist with the ability of the City to provide sewer and water services. . He recommended that the Sphere of Influence and Sphere of Service lines remain coterminous with the existing city limits line. PETE GIAMBALVO, 853 Printz Road, presented a petition circulated in the fringe area but because of the time limit had visited only 32 of the 90 families in the area and obtained 64 signatures, who support the stand of asking that the Sphere remain coterminous with the city 1 imit lines.. He indicated more signatures can be obtained to support this. MRS. LYNCH, 575 Printz Road, spoke in support of the previous statements already made. ...~-- .- -~--- -. ~ 0 CITY COUNCIL JUNE 14, 1983 ARROYO GRANDE, CALIFORNIA PAGE FOUR MARIE CATTOIR, 195 Orchid Lane, believes that to enlarge the Sphere .of Service and Sphere of Influence lines would place undue pressure on agricul- ture developments and.an unwarranted financial . burden upon property owners within the City, and feels thesphere line. should remain at the City boundary. JIM McGILLIS stated he and other citizens would like to see the Council exert some influence on developments that take place on both sides of the City. PAT HOMER stated she would like to see development pushed so affordable housing would be provided close to the high SChool, the village, etc. LAFCO should'consider areas for affordable housing. ANN LYNCH remarked that they had lived in the area 35 years, fighting. to keep it a nice area, and feels they can manage the area better than having the constant changes forced on them. , Mayor SInith asked that the comments be kept to the City Council Membe.rs .at this time, and taken to the LAFCO hearing on Thursday. Counci.1man Millis raised a question trom Page 50 of the document concerning a Sphere of Influence tine. Mayor smith thinks these sicmif.y no recommenMt.inn I\t this tillie, R."d n1'til they do the Sphere of Influence for Pismo Beach they do not know where to draw It firmly. LAFCO cannot separate parcels of land. Councilman Millis favors keeping Sphere of Influence lines at the City's boundaries because of limited resources. Counci lman Gallagher stated that the County planners are telling LAFCO that our planning processes stop at the City limits. What goes on in the County does impact on the City and we have the duty and responsibility to protect the people living here. Mayor Smith stated the City and County should immediately develop and implement referral policy whereby County actions in the unincorporated fringe (road planning, drainage development trends and resources) be referred to Arroyo Grande for comment. The two agencies should Jointly adopt standards tor developing the area, studying traftic and road conditlons,and drainage improvement. After Council discussion, a motion was made by Counci Iman Vandeveer, seconded by Counci Iman Hogan and on tne following rol I call vote, to wit: Counci Iman Vandeveer: Yes Councilman Gallagher: Yes Councilman Hogan: Yes Councilman Millis: Yes Mayor Smith: Yes the motion carried accepting LAFCO's recommendations regarding the Sphere of Influence and Sphere of Service tor the City. Brief discussion was held regarding the recommendation that South County cities consider consolidation. After discussion, a motion was made by Council Member Vandeveer, seconded by Council Member Hogan and on the fOllowing roil call vote, to wit: Councilman Vandeveer: Yes Counci Iman Ga I lagher: No Councilman Hogan: Yes Councilman Millis: No Mayor SmHh: No the motion fal led to request LAFCO torm a commfttee to study conso! idatiOll of services to South County. MAYOR SMITH CALLED A RECESS AT 9:10 P.M. THE CITY COUNCIL RECONVENED AT 9: 18 P.M. . .~ ---. i:) CITY COUNCIL JUNE 14, 1983 ARROYO GRANDE, CALIFORNIA PAGE FIVE ORDINANCE ADOPTION: INCREASE SONIC CABLE TV RATES . City Manager Mack reported that of the 700 su~vey forms, distributed by Sonic Cable TV, .283 were returned to the city and tabulated. Am' 't f c b 1 ... h aJ on y 0 . a .e users are satlstled Wit the service, and the channel availability. In add~tion, City Manager Mack. retained Western Cable Services, Inc. to perform aSlgn?, survey. at the 5un~'se Terrace Mobi Ie Home Park's system. The amplifiers provided by Sonic are good, well maintained and tuned and doing as well as can be expected; however, the problem with the picture quality is in the system betore the signal goes into the Park. . Councilman Hogan ?sked if there was a charge tor Western's survey and ! City Manager Mack replied that a bill was received for $800.00. Discussion tollowed on the survey, poor signals and reception at the Park and other areas. Ihe suggestion was. made that another'survey with similar questions be sent to citizens in the tuture. Mr. Steve ~urrell of Sonic indicated all responses would be evaluated. He turtheragreed to run another survey within a year, by June 15, 1984. ------ Atter Council discussion, City Attorney 5hlpsey read the title .-' of an ordinance adopting an increased television rate sChedule; thereafter,. a motion was made by Councilman Vandeveer, seconded by Councilman ~allagher and unanimously carried, to dispense with reading the 'balance of this ordinance. ORD I NANCE NO.. 293 C. S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE ADOPTING AN INCREASED TELEVISION RATE SCHEDULE On motion by Councilman Vandeveer, .seconded by Counci Iman Hogan and on the following rc;i)1 call vote, towlt: , AYES: Councilmen Vandeveer., Gallagher, Hogan and Mayor Smith NUES: Councilman Millis AB.S.E!t:IT: None the foregoing Ordinance was passed and adopted this 14th day of June, 1983. /~ SPORTS COMPLEX DRAINAGE PROBLEMS The Council discussed several suggestions for sOlving the drainage problems at the So to Sports Complex, but no firm resolution was reached. Councilman Millis determined that by next City Council meeting, a solution recommendation and costs should be brought before the Council. ZONE THREE SURPLUS WATER RATES City Manager Mack stated that he had a response back from San Luis Obispo County regarding how they computed their costs tor the surplus Lopez water. It does not include administrative costs, cost of delivery, replacement cost for the system in county staff's computation as to what surplus water charge should be. Their charge of $47 per acre foot has been amended to $39.02 per acre foot. It was recommended that the City take position that Zone 3 on Thursday night be asked to recommend rates to the County which conform with our contract. Secondly, if we should fail in getting a favorable recommendation out of Zone 3 to the County Supervisors for those 1983-84 rates, that we must be prepared to go forward to the County supervisors that we object, and disagree, with the recommendations they are receiving from Zone 3 Advisory Committee and their staff, and that once again the city requests that the rates they establish conform with the contract. Thirdly, we should ask the County to develop a financial program that would become acceptable to the City of Arroyo Grande which offsets those passover payments by the City to the Lopez system, if any. After Council discussion, a motion was made by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried to authorize the Zone 3 representative to follow the three recommendations by city Manager Mack, as outlined above. i I --_.._,.,-~ -------- I ,~ () CITY COUNCIL JUNE 14, 1983 ARROYO GRANDE, CALIFORNIA" PAGE SIX , , DISCUSSION RE. DISTRIBUTION OF CITY PURCHASED SCAT TOKENS The Council had authorized the purchas~}of $1200.00 worth of tokens. City Manager Mack stated there had.been no r~sPonse for tokens. Councilman Vandeveer suggested giving them to health organizations; Mayor Smith said tokens were distributed to senior citizen clubs, groups, etc., in hopes of getting senior citizens to participate themselves (not to be passed on to others), and to encourage new riders in the system. A meeting with SCAT is scheduled for June 15, 1983. After further discussion the Council decided to keep the tokens in the Planning Director's i Office until firm decisions are made on what to do with them. /-3-1-'1 DEEP WELL AND BLENDING SYSTEM BIDS, PROJECT NO. 60-80-3 -AWARD BID Public Works Director Karp reported that in order to continue implementa- tion of the City's Capital Investment Program to establish a guaranteed domestic water supply to support the Lopez project, by supplementing it with production from the ground water table, proposals had been requested to construct Phases II and III of this Deep Municipal well and Blending system. Staff reported that upon completion of these two phases, the City would be able to .distribute water from !ts recently drilled deep well (which produces '..- , water significantly lower in nitx;ates than the City's other water wells), as well asrnix the water from the new well with production from existing wells in order to blend the total production to meet quality standards. set by the State for nitrate concentration. Director Karp reminded the Council that this project, 'as well as the last phase will be funded from the City's approved loan from the sale of California's Safe Drinking Water Bonds. Public Works Director Karp said four bids were received for this project and the lowest bid was made by R. Baker, Inc., a local contractor. A motion was made by Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried, to accept the lowest bid and award the contract to R. Baker, Inc., for the Municipal Deep Well and Blending System, Project No. 60-80-3, as recommended by staff. COUNCILMAN GALLAGHER EXITED THE MEETING AND IS NOW ABSENT (10:56 P.M.). EMPLOYMENT OF CONSULTANTS FOR TALLY HO ROAD GRADES Public Works Director Karp stated the staff's recommendation to hire two consultants to negotiate rights of way, and private right of way appraisal for the road widening project on Tally Ho Road. He recommended the Council consider Mr. R. H. Tarvin as the negotiator and Mr. Glen D. Hunt as the appraiser, based on letters .received. After discussion by the .Council, a motion was made by Councilman Vandeveer, seconded by councilman Hogan, and unanimously carried, authorizing employment of Mr. Tarvin and Mr. Hunt, respectively. STOP SIGN VERSUS YIELD SIGN ON MESA DRIVE AT TIGER TAIL DRIVE Residents of the area requested a stop sign on Mesa Drive at Tiger Tail Drive. Subsequently, a: petition came in to get rid of the stop sign and replace it with a yield sign. After consideration of both requests, the Parking and Traffic Commission recommended to replace the stop sign on Mesa Drive at Tiger Tail Drive with a yield sign. Council discussion disclosed that either sign would be adequate; and Mayor Smith suggested that Council leave it as it is. After further discussion, a motion was made by Councilman Vandeveer, seconded by Councilman Hogan,' and unanimously carried, to let the stop sign remain. APPROVAL OF PARCEL MAP NO. AG 83-073 (Johnson), CASE NO. 81-360 The referenced parcel map is located on the westerly frontage of Walnut Street between Ash Street and Fair Oaks Avenue. The lot split creates two parcels; the area is zoned R-I and classed low density residential in the Land Use Element of the General Plan. . After discussion by Council, a motion was made by Councilman Vandeveer, I I seconded by Councilman. Hogan, and unanimously carried, to (1) accept on behalf ~ Q CITY COUNCIL JUNE 14, 1983 ARROYO GRANDE, CALIFORNIA PAGE SEVEN of the public the easement dedicated for street tree purposes; (2) authorize the Mayor to enter into the subdivision agreement with the development; (3) find that the map is consistent with the zoning and the conditionally approved tentative map found by the Planning Commission to be consistent with the General Plan; (4) find that the required improvements are necessary prerequisites to the orderly development of the community; and (5) approve Parcel Map No. 83-073. ASH STREET EXTENSION - ACCEPTANCE OF RIGHT OF WAY ~e City of Grover City has approved a subdivision. which will construct road improvements to connect Mentone.Avenue in Grover City with Ash Street in Arroyo Grande. These road improvements required acquisition of right of way within the city limits of Arroyo .Grande. The developer has accepted an offer of dedication from the adjacent property owners within Arroyo Grande. Public ~rks Director Karp stated that staff recommends acceptance of that right of way subject to improvements at this time. Council discussion followed and a motion was made by Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried, to accept the right of way extension on Ash Street, subject to improvements. CONSTRUCTION OF DAMAGED STORM DRAINS IN VICINITY OF EQUESTRIAN WAY & WOODLAND DR. Public Works Director Karp requested permission from the Council to call for bids on a project which will restore some permanent gutter on Equestrian Way, and restore some culvert end wall construction on Woodland Drive. He also stated that there should be $3,000 to $4,000 grant money from federal aid returned to the City. A motion was made by Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried, to go to bid for the Equestrian Way and Woodland Drive Project No. 90-83-3. WRITTEN COMMUNICATION Councilman vandeveer stated that he would like to see a representative sent to the July 7th and 8th League sponsored portable housing. conference. After some discussion by Council, Mayor smith suggested writing. to the League of California Cities for innovative ideas on affordable housing. ORAL COMMUNICATION Councilman Millis requested the status of his concerns voiced at the Council's last meeting regarding the traffic probl~m on Grand Avenue in the area of Mid-State Bank. Public Works Director Karp reported that letters to property owners between Magic Carpet. Book Store and Mid-State Bank were mailed June 14, 1983, notifying them that the Parking & Traffic eornmission would review the area for possible establishment of "no parking" zone on the north side of Grand Avenue along that stretch. He further stated that all Commissioners are to visit all the driveways in that location and report their findings at Monday night's meeting of the Commission. Councilman Millis requested the legal opinion from city Attorney Shipsey regarding the election process for election of Mayor be distributed to the public and the news media, as several citizens have been asking questions. City Manager Mack will take care of it. ADJOURNMENT TO CLOSED SESSION On motion of Councilman Vandeveer, seconded by Councilman Millis, and unanimously carried, the Council meeting adjourned at 11:23 P.M. to a closed session. RECONVENEMENT AND ADJOURNMENT The closed meeting was opened by Mayor Smith; Councilman Gallagher absent. On motion of Councilman Vandeveer, seconded by Councilman Millis, and unanimously carried, the meeting ~djourned at approximately 11:50 P.M. MAYOR ATTEST: .DEPUTY CITY CLERK -- --