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Minutes 1983-08-09 ') _./ CITY COUNC I L AUGUST 9, 1983 ARROYO GRANDE, CALIFORNIA 7:30 P.M. 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 were present. PLEDGE OF AllEGIANCE AND INVOCATION Council Member Gallagher led the Pledge of Allegiance to our Flag. Counci I Member Hogan delivered the invocation. APPROVAL OF MINUTES On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, the minutes of the July 25, July 26 and July 27, 1983 meetings were approved as presented. APPROVAL OF WARRANT RESOLUTIONS Finance Director David Bacon presented three resolutions for payment of demand and payroll checks and requested Counci I .approval. Mr. Bacon read the resolutions in full. RESOLUTION NO. 1713 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE,APPROVING THE DISBURSEMENT OF DEMAND CHECKS DATED JULY 29, 1983. The City Council of the City of Arroyo Grande hereby resolves to approve demand checks numbered serially from 20466 through 20485, dated July 29, 1983, In the total amount of $20,966.33. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Hogan, Millis and Mayor Smith NOES: None ABSENT: None ., --~--- . the foregoing Resolution was passed and adopted this 9th day of.August, 1983. RESOLUTION NO. 1714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, APPROVING THE DISBURSEMENT OF DEMAND CHECKS DArED JULY 29, 1983. The City Counc i I of the City of Arroyo Grande hereby resolves to approve demand checks numbered serially from 20486 through 20543, dated July 29, 1983, In the total amount of $61,378.07. On motion of Councilman Gallagher, seconded by Councilman Vandeveer, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Hogan, Millis and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 9th day of August, 1983. RESOLUTI ON NO. 1715 A RESOLUTION OF THE CITY COUNCIL OF rHE CITY OF ARROYO GRANDE, APPROVING THE DISBURSEMENT OF PAYROLL CHECKS DATED AUGUST 5, 1983. The City Council of the City of Arroyo Grande hereby resolves to approve payroll checks numbered serially from 25560 through 25666, dated August 5, 1983, in the total amount of $61,282.99. ---'--..'..-- "\ , .j CITY COUNC I L AUGUST 9, 1983 ARROYO GRANDE, CALIFORNIA PAGE TWO. On motion of Councilman Gallagher, seconded by Councilman Vandeveer, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Hogan, Millis and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 9th day of August, 1983. APPROVAL OF CONSENT AGENDA ITEMS Council Member Vandeveer requested Item #10 be withdrawn; Council Member Hogan requested Item #11 be withdrawn; CouncIl Member Gallagher requested Item #14 be withdrawn from the consent agenda. On. motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, consent agenda Items 7 through 20, with the exception of I terns #10, #11 and #14 were approved as. recommended. 7. Departmental Monthly Report for July, 1983. REVIEW AND FILE. .- 8. Answered Ag.enda for Planning Commission Meeting of August 2, 1983. REVIEW AND FILE. 9. Minutes of July 19, 1983, Meeting of Planning Commission. REVI EW AND FI LE. 12. Denial by LAFCo of city's Request for Waiver of Reimbursement of Actual and Direct Costs Associated for Considering a Revision to the Adopted Arroyo Grande Sphere of Influence. REVIEW AND FILE. 13. Notice of Public Hearing by LAFCo upon Requests by the City of Arroyo Grande and the South San Luis Obispo County Sanitation District for Revision of their Adopted Spheres of Influence, Huber Ranch. FOR INFORMATIONAL PURPOSES. 15. Council Approval of Payment of Progress Billing No.2 on Construction of Deep Well and Blending System (AG Project No. 60-83-3) in Amount of $64,714.85 to R. Baker, Inc. RECOMMEND: APPROVAL. 16. Council Approval of'Payment'of Progress. Billing No. 1 on Painting of Existing Steel Tank and Steel Bridge and Replace Existing Wooden Sidewalk Deck, (AG Project No. 60-90-83-1) in Amount of $11,205.00 to Spiess Construction Co. , Inc. RECOMMENO: APPROVAL. 17. Report by Planning Director, Re. Standard Conditions for Development Permits. REVIEW AND FILE. 18. Annual County Animal Control Report. RECEIVE AND FILE. 19. Minutes of July 20, 1983, Meeting of South San Luis Obispo County Sanitation " District. RECEIVE AND FILE. 20. Car Corral Lease Renewal, RECOMMEND: RENEWAL. 10. Legislative Bulletins Nos. 37 and 38 from League of Cal ifornia Cities, Plus Others. REVIEW AND FILE. Councilman Vandeveer questioned the cuts made to the City's budget and asked what plans are underway to replace the funding. Ci tyManager Mack expla.ined that the' figures were somewhat deceiving but by suspending the deflator for the last nine months of the year, would bring the City approximately $97,000 more revenue. 11. Statement for Professional Services Rendered, reo Wells vs. City of Arroyo Grande, et al. RECOMMEND: AUTHORIZE PAYMENT. Councilman Hogan said he felt anyone who wanted to push for referendum will understand what the repercussions can be, and in the future see that their action is fair to everyone concerned and not try to undercut anyone's rights, such as occurred In this case. ... .~-.--_._- ~-"'~--'- ----.------. \ CITY COUNCIL AUGUST 9, 1983 ARROYO GRANDE, CALIFORNIA PAGE THREE. 14. Enlargement of Terra De Ora Tra~t Storm Drainage Basins by Contractor. RECOMMEND: APPROVAL. Councilman Gallagher asked if the present plans would be adequate to handle the drainage problems. Public Works Director Paul Karp said the City Engineer had redesigned the original plans and recommended enlargement of the basins to adequately handle the drainage. City Manager Mack said two property owners who had encroached on the easement, have been asked to remove improvements that restrict the flow of the drainage. On. motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, Items #10, #11 and #14 of the Consent Agenda were approved. PUBLIC HEARING - PROPOSED AMENDMENT TO ORDINANCE 140 C.5. City Attorney Shipsey said the public hearing is on an amendment to Ordinance . 140 C.S. dealing with a change in the designation on Parcel #7 in Oak Park Acres. Parcel #7 was indicated for housing of medium density (townhouses/condominiums) to be modified to allow the building of low density single family houses. In a recommendation, the Planning Commissi.on specified that the minimum lot size for single family housing be the same as that in the R~I zone, 6,000 sq. ft.,.with .-. the exception of those parcels on corners to be 7,000 sq. ft. Mayor Smith declared the public hearing had been duly published and all requirements governing hearings had been met and the hearing was opened. JIM McGILLIS, Surveyor with San Luis Engineering, asked to be allowed to replan the area and include R-I detached housing; a lot zoned R-G (4.7 units per acre) be used for single family detached housing at 4.5 units per acre. RUEBEN KVIDT said he would not want to eliminate cluster housing, and would reta i n R-G zon i ng for buyers who do not want I a rge yards. Discussion followed and Council agreed to change the second line of the Ord i nance to read med i um dens i ty hOlls i ng "and/or" s i ngl e family detached hous i ng... and density shall not exceed a density ~f 4.7 units per acre or a total of 85 uni ts. City Attorney Shipsey read, for its first reading, the title of the Ordinance amending a portion of the zoning map to change the classification of Lot 7, Tract 604, of Oak Park Acres, to allow the building of low density single family houses as a part of a general housing mix on that property. A motion was made by Councilman Vandeveer, seconded by Councilman Gallagher and unanimously carried, to dispense with reading the.:balance of the Ordinance. PUBU C HEAR I NG: PROPOSED INCREASE IN WATER ANO SEWER RATES City Manager Mack said as part of the process of analyzing the City funds and preparing the budget, he advocates an increase in the water rates and the sanitary sewer rates, but not in the Lopez 'fund. Mr. Mack recommended that the increases for the full amounts not be put into effect at one time but be staged over a period of time. Mr. Mack said the alternatives would be to borrow from the General Fund or cut other services for utilities. ~ity Manager Mack read a letter from Mr. and Mrs. William J. Franey, 874 Mesa Drive, regarding water and sewer rates and citing the fact that it takes two men and a truck to read meters, and requesting cost cuts in the water depart- ment. A motion was made by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, accepting this petition into the record. Mayor Smith said the public hearing had been duly published and all require- ments governing hearings had been met and the hearing was opened on the subject of water and sewer rate increases. PAULINE de MARTIN, 845 Mesa Drive, said the proposed water rate increase amounts to 54%; the proposed sewer rate increase to over 64% and object to the method of reading meters with two men and a truck. ---- ------ ---_.------ -------..---- ~, CITY COUNC I L AUGUST 9, 1983 ARROYO GRANDE, CALIFORNIA PAGE FOUR. City Manager Mack said the Council had directed that a study be made to analyze all possible ways of reading meters and find the most' cost efficient manner. TOM HIGDON, 183 Fairview Drive, said he wanted to clarify the proposed water rate increase, which was discussed with Council. LOREN BAEBLER, 856 Mesa Drive, said there Is a way to reduce costs by mailing out the cards and have residents read their own meters. He exp res sed concern for the small business man and the senior citizens on limited income. CHARLEEN TWISSALOWORTH, 841 Mesa Drive, asked why a sewer rate increase Is proposed when there was surplus over the budgeted amount last year. City Manager Mack said it was cash carryover for three capital outlay projects' and the money will be spent on these projects and for the operational supplies and services. He said the last water rate increase was in 1964. CORA HIGDON, 183 Fairview Drive, asked when Lopez Lake will be paid for. Mr. Mack said in the year of 2004, and explained that people long ago bought bonds and still get principal and interest payment on their money. The County \ operates a district and .that district treats the water at Lopez and distributes , It to Arroyo Grande. The balance of the money collected goes to the district I. for the water treatment and distribution and that increases annually. I No further public comments were made, and the public portion of the hearing was closed, and discussion by'Council Members followed. Councilman Gallagher said he had made proposals to contract out the meter reading for the water or to only read the meter quarterly, taking the highest average of three summer months for the yearly bill. Further Council discussionrollowed, and City Manager Mack said the study , i to determine the most efficient meter reading method would be done before the I proposed increase in water or' sewer .ra.tes takes effect. Council agreed the total rate increase would be $1.30 and the Ordinance modified to reflect this. Mayor Smith said on Page One of the Ordinance, for all water in excess of 800 cu. ft., inside the City, would be changed from $2.40 to $3.20 or an increase of 80c only; amend the $3.40 figure to $3.20 and from $6.80 to $6.40 outside the City. These changes apply to the 1/2 to 3/4 inch meter only. City Attorney Shipsey read the title of the Ordinance amendment. Thereafter, a motion was made by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried to dispense with further reading of the Ordinance. Mayor Smith said that constituted the first reading of the Ordinance. City Attorney Shipsey .read the title of the Ordinance amending the Municipal Code and establishing fees and rates for the use of public sewers. A motion was made by Counci Iman Gallagher, seconded by Counci Iman Vandeveer, and unanimously carried to dispense with further reading of the Ordinance. Council took a five minute break and reconvened at 9:55 P.M. RESPONSE RE. TALLY HO CREEK (FOR COUNCILMAN GALLAGHER) City Manager Mack said due to a lack of a quorum, the action of the Planning Commission was continued to their next meeting, August 16, 1983. REPORT RE. TRANSPORTATION CLAIM S.B. 325 FOR 1983/84 City Manager Mack said this matter requires a Resolution and City Attorney Shipsey read the title of the Resolution. On motion by Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried to dispense with further reading of the Resolution. ~, CITY COUNC I L AUGUST 9, 1983 ARROYO GRANDE, CALIFORNIA PAGE FIVE. RESOLUTION NO. 1716 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF ARROYO GRANDE APPROVING THE 1983-84 ANNUAL TRANSPORTATION CLAIM AND AUTHORIZING ITS SUBMITTAL TO THE SAN LUIS OBISPO COUNTY AREA COUNCIL OF GOVERNMENTS. A motion was made by Councilman Gallagher, seconded by Councilman Vandeveer, for approval of the Resolution and on the following roll call vote, to wit: AYES: Councilmen Vandeveer.. Gallagher, Hogan, Millis and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 9th day of August, 1983. REPORT RE. STREET IMPROVEMENTS ON BRISCO ROAD Public Works Director Karp made a request to incorporate the design of -' Brisco Road regrading into the water line project, for which all surveying has been done. A design price of $4,500.00 is considered reasonable and Mr. Karp recommended that Council award that contract subject to budget approvals. The project would be a gas tax expenditure. Council discussion followed. A motion was made by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, awarding the $4,500.00 contract for street improvement on Brisco Road between linda Drive and EI Camino Real to Garing, Taylor and Associates. INCREASE IN MEDICAL INSURANCE PREMIUMS FOR CITY EMPLOYEES AND DEPENDENTS. City Manager Mack said JPA's insurance consultants advised the City to anticipate a 30% rate increase in medical insurance premiums, in addition to the recent 20% rate increase. Mr. Mack recommended that Council authorize him to represent the City in discussions with~SEIU, City Management Group, and perhaps others, to explore another level of coverage. Council discussion followed. A motion was made by Councilman Gallagher, seconded by Councilman Hogan and unanimously carried, authorizing City Manager Mack to take necessary action and to get the information to the Council as soon as possible. ADOPTION OF CITY BUDGET FOR 1983/84 FISCAL YEAR City Manager Mack said to adopt a budget a Resolution is required, approved by the Counc i I . The Resolution is then conveyed to the County. City Attorney Shipsey read the title of the Resolution. A motion was made. by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, to dispense with reading the .balance of the Resolution. RESOLUTION NO. 1717 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF ARROYO GRANDE ADOPTING THE ARROYO GRANDE CITY BUOGET FOR THE 1983-84 FISCAL YEAR. A motion was made by Councilman Vandeveer, seconded by Councilman Hogan, to adopt the City Budget in the amount of $4,129,038.00 and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, ?allagher, Hogan, Millis and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 9th day of August, 1983. AOOPTION OF THE PLANNED USES OF REVENUE SHARING FUNDS FOR 1983-84 FISCAL YEAR City Manager Mack recommended adoption of the Resolution, but to hold off expending of funds until General Revenue Sharing Act is passed by Congress. . . - CITY COUNCil . AUGUST 9, 1983 ARROYO GRANOE, CALIFORNIA PAGE SIX. City Attorney Shipsey read the title of the Resolution, A motion was made by Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried, to dispense with reading the balance of the Resolution. RE50lUTI ON NO. 1718 A RESOLUTION OF THE CITY COUNCil OF THE CITY OF ARROYO GRANDE, ADOPTING THE PLANNED USES OF REVENUE SHARING FUNDS FOR THE 1983-84 FISCAL YEAR. On motion of Councilman Vandeveer, seconded by Councilman Hogan, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Hogan, Millis and Mayor Smith NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 9th day of August, 1983. --,- RESIGNATION OF CITY ATTORNEY 5HIPSEY City Manager Mack read a letter of resignation from City Attorney 5hipsey and cited the eighteen years he had served the City. Mayor Smi th accepted the res i gnat ion wi th regret, and profuse Iy thanked Mr. Shipsey for his service over the years, as did each Council Member in turn. The tentative effective date of the resignation Is September 15, 1983, and Council directed City Manager Mack to obtain .five names of people in the area acquainted with San luis Obispo Court proceedings, who are in.terested as a replacement. WRITTEN COMMUNICATIONS City Manager Mack said he 'had a call from Mrs. Honeycutt regarding a news article submitted by the Soil' Conservation District. She would like a letter addressed to the Environmental Coordinator advising concerns regarding conversion of agricultural lands to horse paddock uses and the erosion that can result. Council discussion revealed since this is out of the City's sphere of influ~nce, no letter be prepared, and the matter be referred to the Agriculture liaison Committee. City Manager Mack said the City has a proposed Ordinance on changing the Municipal Elections to November and it will be on the next agenda for Council consideration. Council decided that elected officials should take office on the first Council meeting of December, 1984, if the Ordinance is adopted, and the Information Included In the Ordinance being prepared. Cost estimates of notifying all voters; and other aspects involved, were requested by Counci I to be submitted at next Councl I meeting, August 23, 1983. City Manager Mack said a letter from the Oceano Improvement Association had been received, requesting Council take a position regarding a proposed "stables area" as a staging grounds for the ORVs. He further said there was no background information, and not widely known publicly, and recommended the letter. be acknowledged, but Council take no further action at this time. Counc I I agreed with his recommendation. ORAL COMMUNICATIONS Councilman Vandeveer said the Catholic Cemetery Is in unacceptable condition because of weeds, fire ha~ards, overhanging trees, and is an unsightly area. He asked Mr. Mack to address the Catholic Diocese, under Code 4-5.04, and arrange to get the area cleaned up. Counc I I man Hogan sa i d he sees prob I ems wi.th the garbage co II ec t I on Ord I nance, in forcing a property owner to have a heavy truck drive down private driveways, causing much damage. Public Works Director Karp said tenants could be requested to put their garbage cans on the street for collection. RUE BEN KVIDT specifically thanked City Attorney Shipsey for his work on behalf of Oak Park Acres. --..-" AUGUST 9, 1983 - CITY COUNCIL ARROYO GRANDE, CALIFORNIA PAGE SEVEN. ADJOURNMENT OF MEETING A motion was made by Councilman Millis, seconded by Councilman Hogan, and unanimously carried, to adjourn the meeting at 10:30 P.M. MAYOR ATTEST: DEPUTY CITY CLERK .- . . / ..