Minutes 1982-05-25
148
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
MAY 25, 1982
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.
APPROVAL OF WARRANTS
On motion of Council Member Gallagher, seconded by Council Member
Vandeveer, Demand Warrants #P370 through #P386 and #17422 through #17525
in the amount of $768,081.34 and Payroll Warrants #22325 through #22422 in
the amount of $51,961.47 were approved and ordered paid.
lIPPROVAL OF CONSENT AGENDA ITEMS
Council Member Hogan requested that item #11 be withdrawn for discussion.
On motion of Council. Member Gallagher, seconded by Council Member Millis, it
was unanimously voted to approve the consent agenda items, minus #11, with'the
recommended courses of action.
B-ll. Notification by San Luis Obispo County Engineering Department, Re.
IIWater in Your Day" -- Invitation to all Persons Interested in Water Resource
Development in San Luis Obispo County to Attend Conference thereon Saturday,
June 5, 1982, at 9:00 A.M. FOR YOUR INTEREST AND INFORMATION. Administrator
Sheldon commented that the speakers for this conference are highly qualified
and the conference should be very informational. Council Member Hogan
agreed and urged all council members to attend.
B-1. Receipt of Corresponsence to City Council from Bethel Baptist Church,
Dated May 5, 1982. RECOMMEND REVIEW AND FILE.
B-2. Receipt of League of California Cities' Legislative Bulletins Nos. 19
and 20, Plus Others. RECOMMEND REVIEW, APPLICABLE ACTION, IF ANY, AND FILE.
B-3. Notification by Director of PUblic Works that Annual Cleanup Week for
1982 in Arroyo Grande is Scheduled from May 31 - June 5, 1982. FOR INFORMATION
PURPOSES ONLY.
B-4. Receipt of Report by Parks and Recreation Director, Re. Joint Meeting
of City Council and Parks and Recreation Commission on May 12, 1982. RECOMMEND
REVIEW AND FILE.
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B-5. Notification to City Council, Re. Upcoming Commission Appointments and/or
Renewals Thereof for Planning Commission, Parks and Recreation Commission,
Parking and Traffic Commission and Downtown Parking Advisory Board; Such Terms
of Office Expiring June 30, 1982 (8 in Total). RECOMMEND COUNCIL REVIEW AT
THIS TIME.
B-6. Receipt of Letter fram Ken Hollingsworth, Owner/Operator of Kenls-Exxon,
and Memo from Chief of Police Jim Clark, Re. Tow Truck Service in Arroyo Grande.
RECOMMEND REVIEW AND FILE.
B-7. Invitation to Arroyo Grande City Council from First United Methodist
Church to Attend "Burning of the Mortgage" Worship Celebration and Dedication
of the Church, Sunday, May 30, 1982, at 10:30 A.M. FOR NOTIFICATION PURPOSES
ONLY.
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CITY COUNCIL '
ARROYO GRANDE, CALIFORNIA
MAY 25, 1982
PAGE TWO:I
B-8. Request from CUB SCOUTS PACK 13 of Arroyo Grande for Fee Exempt B~siness
Li~ense to Sell Fireworks for approximately One Week Prior to July 4, 1~82, at
1350 Grand Avenue, Arroyo Grande., RECOMMEND COUNCIL,APPROVAL SUBJECT T9 FIRE
DE~ARTMENT REQUIREMENTS.
B-9. Notification/Invitation by Nipomo Chamber of Commerce to Join in Ii
Celebration of 100th Year Anniversary of Pacific Coast Narrow-gauge Railway
Through Nipomo, on. June 13, 1982, FOR.INFQRMATION,PURPOSES ONLY.
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B-IO. ReminderjNotification to Council, Re. Youth in Government Day on
.May,25, 1982. FOR. INFORMATION PURPOSES ONLY.
UPDATE/FURTHER DISCUSSION AND POSSIBLE ADOPTION OF ORDINANCE TO PROHIBIT
CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC AREAS OF CITY OF ARROYO GRANDE
, Administrator Sheldon referred to the memo from Police Chief Clark
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dated September 30, 1981 describing the problem with open containers in:
publiC places. .He stated this has become an increasing problem. Council
Member 'Hogan stated that he feels this action is justified but it is a' :i
re~oval of a right. Mayor Smith agreed that it is.unfortunate that thi~
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problem must come. to an ordinance... Attorney' Shipsey read. the title of the
ordinance. . On motio;' ~f Council M~mb~r' Vand';'veer., seco;;'ded by: Council 11
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Member Gallaghe'r, it was unanimously voted to dispense with further '
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reading 9f ~~e ordinance, to.qonstitute the fi~st_read.ing_of the ordinance.
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PRESENTATION OF ORDINANCE.AFFECTING PARK DEVELOPMENT .FEES
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'; .' Administrator Sheldon'.explidned, that Cj,ty Code Section 9,-3.507;.
subsection (1)" (iii). calls for annual amendment, by resolution of the City.
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Coqncil, .of thefee.s for parkdevelopm~llt purposes. The problem in. proceeding
with this is that Section.9-3.501, subsection (1), (ii), there is an actual
. s~ of $200 for park development listed:.Th';' concept with .ann;'ally :1
updating these fees because of the ever-present increase in cost to.dev~lop
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pa~ks is ag.re~.able, however, ttle p1;oblem. !S ..a proced~r.al_ 9ne~ ~he code I!
cutrently says that, the City should. am1ually change an. ordinance. with a':,
re~olution which is' not actually 'the p~~per way'to pro~';'';'d.. He recomm';'hde9
that in order to rectify the situation, he and the City' Attorney have
prepared tp.<;>.proposed .ordinance. which will correct the':City code and allow
the Council to establi~h~annuajiy by reso~uti~n, the' pa~k'dev~lop~ent fe~s
without being.in conflict with other code. sections. Attorney Shipsey read
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the title of the ordinance. On motion of.Council Member Vandeveer, seconded
by 1icouncil Memb~r '~aJl~gh~f, . 'it. was' lfna~.in.1:~~sly' v<;>ted to di~pens.e, w'ith .j~ ..
further reading,of.the ordinance, to constitute the first reading.. Ii
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REPORT BY COUNCIL MEMBER MARK MILLIS ON HIS RECENT ATTENDANCE AT ZONE THREE
ADVISORY COMMITTEE MEETING HELD MAY 20, 1982
" Council Member Millis stated that he has .two' items to discuss ~s
a result of the Zone Three meeting and also. wishes Council direction. The
fiist item is the propos~l ~f generating.elect~icity from the water 'fro~'
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Lopez Lake. He stated that one proposal to accomplish this is for the District
to;come up with. the money orl';'t.a private. c';.II!pa;'y. establish the funds .1! .
Th~ rezoning. for the generating. of the electricity is to provide' electricity
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for the treatment plant and the. operation of the plant will be inflation-proof.
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The second item is that the Board has declared .as surplus 1200 acre feet of .
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water which is from the agricultural allotment. He reque~ted that these
it~s be placed on the next Council agenda and that'Councir provide dir~ction
to ,himcat th.at time.
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RESOLUTION OF.RECOGNITION AND COMMENDATION HONORING FLOYD MUSSARD, RETIRING
MUSIC TEACHER FROM ARROYO GRANDE HIGH SCHOOL j
. Council Member Millis. commented that Mr. Mussard.is a.beloved teacher
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at ,:Arroyo Grande. High School.and gives generously of his. time to his students
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and comm~nity activities. Attorney Shipsey read the title. of the resolution.
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On ,motion of. Council .M<;>mber Gallagher, . seconded by Council Member Hogan~. . .
it iwas .unanimously voted to dispense with further reading:~of',::.:the resolution.
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CITY COUNCIL
ARROYO GRANDE" CALIFORNIA
MAY 25, 1982
PAGE THREE
RESOLUTION NO. 1540
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE.HONORING FLOYD MUSSARD FOR
HIS SERVICE TO ARROYO G~NDE HIGH SCHOOL AND
THE CITIZENS OF THE CITY OF ARROYO GRANDE
On motion of Council Member Millis, seconded by Council Member
Gallagher,. and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT :
Council Members Vandeveer, Gallagher, Millis, Hogan, Mayor Smith
None
None
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the foregoing Resolution was passed.and adopted this 25th day of May, 1982.
REPORT/RECOMMENDATION RE: RATE INCREASE FOR SEWER SERVICE CHARGES AND FOR
WPEZ WATER CHARGES. .
. Administrator Sheldon referred to memos from Finance Director Bacon
to him on these. subjects. He stated that thefund balances in the Lopez account
are in a negative position for the year.82~83. .He stated that this' situation
will occur no matter what is done at this time. He stated..that there are : two
questions to be dealt with at this time. The: first. is,.whether or not Council
wishes to subsidize the_Lopez fund from the general fund; if this.is the case
there will be no need for a rate increase. Mr. Sheldon stated. that, in his
opinion, this woul~ not be a viable course of action, particularly in light of
thessubstantial cutbacks in the State's subventions to the City. The second
question is how quickly we.wish to.place .the.fund on a pay-as-you-go basis
and how long.wewish to run' without having to have the necessity to review it
again. Mr. Sheldon reco~ended to ~djust the rates per optio~ lA' of Mr. Bacon's
report which would raise the current rates from $5.75 per month to $9.20 per
month, or ~pproximat~ly a 60% incr~ase. With thi? course of act~on, the fund
will remain in a negative position until July 1, 1983, but will. then be positive
until JanuarY 1, 1987.
Administrator Sheldon stated that the second issue.is the sewer rates. He
referred to memos from Finance Director B~con offering, four options to the
rate structure. The primary.issue involved in the differences between these
rates is twofold; one being how much:money is accumulated on the ending
balances which. enables us to.deal with capital expenditures and also at what
point the rate increase would cease to be paying its own way and would require
review and readjustment. He recommended proposed option IBI of_Mr. Bacon's
report which would raise the rates from $1.50 to $2.50 per month, or approxi~~c~
mately a 53;3% increase. Mr. Sheldon stated he has. proposed this figure
because.;::the Public Works Director has indicated that he has a need to make
certain .capi,tal expend~ tures w~ thin 'the next few. years and' I B I pr<?vides th~,
most. solid position. for short term planning. In reviewing Mr. Bacon's
projections on page, five of the report, the annua~ r~venues versu~ estimated ,U'I..
expenditures, by July 1, 1985, would.place the amount in a deficit position. :
Now we would still be in a positive position in terms of the ending.balance,.
but we would be operating on a basis of dimin~shing our r~serves each year
for operating capital versus being able to repair. and replace the necessary
capital items in the City.
Council Member Gallagher stated that the proposed increases are outrageous
and that the money used for the municipal well should have been used for Lopez.
Council Member Hogan agreed. Council Member Vandeveer stated that this' study
was presented _some. mOI').ths ago citing' that. the lack..of new construction had
created this siutation and Council took n.o '. action. He stated we can now
subsidize or change the rates. H~ agreed ~ha~ the prop<?sed increase is too
high so other services must be done away with. He added that the well was
drilled to meet the requirement of nitrates. Public Works Director Karp
stated that the well at Elm Street Park was needed because during the heavy
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
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MAY 25, 1982
PAGE FOUR
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mc:,iiths'Lopez only guarantees ':'S 1500 gallons per minute of flow. Last ;ear
becalilsesthec'lake','was', cleaned, Lopez was' ilble to put the water' through the '
pipeline fo;' our City' alone'at'over :i,ooo gallons per minute which' gave ,ius
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more than doUble,our' allocation. ' We could not fill our reservoirs getting'
3,000 ,gallons 'per minute on,'a 24 hour basis, In thepast~ 'we've 'used tlie
wells to fill the rese"vClirs at night. Council Member Millis stated hej
is ~:'also opposed to the rate increase' but the -'money must come from somewhere.
He 'commented that perhaps 'revenue"sharing fUnds might'De used. 'He,stat~d
that he ,hopes the building conditions will improye and that this is only a
temporary situahon~ Public Works birectorKarp pointed"out the" fees that'
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are received when a building perini t is issued. 'After aiscussion ;Admin~'strator
Sheldon'suggested that Council consider this matter after' consideration';of
the budget. On'motion;"f C':;uncil'Meinber Vandeveer; seconded by Council ':
Me~e;' Hogan,' ~t ';'a'; unanimously voted to table this matte! Uri'til after"i'
c'onsideration of the budget, .i
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NOMINATION BY MAYOR SMITH OF PERSON FOR APPOINTMENT 'TO PLANNING COMMISSION
TO"FILL VACANCY THEREON CREATED BY RESIGNATION OF' LORENE SARUWATARI (TERM
OF ,NEW APPOINTMENT WOULD END JUNE 30, 1984) "I
Mayor Smith stated that a letter of resignation has been received
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from -Lorene Saruwatari, which'she accepts with reg'rei: . On "motion of Council"
Men\ber Millis, se~onded by Council MEmtber Gallagher, it ';'as unanimously:r voted
to 'accept M"s. Saruwatari's ;'esig;'atlo;' with'regret aiid direct Staff toJsend
her~a letter and a pl?cque thanking her for her service to', the City as a '
member'of,the Pl~nning,Commissio~. Mayor Smith nominated ,Mr. ,Bob Carr ~s
the new, member of the Planning''-Commission. 'On motion'of Council Member:;
Galiagher, seconded by Council Member Millis;' it was unanimously voted' ::
to ~.~ccept the-~'l!o~in~tton of ~r:' Bob 'Carr t~: the Plamling- Cornmissiorl~ ~~
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RECOMMENDATION BY PUBLIC woRKs DIRECTOR' FOR APPROVAL OF LOT SPLIT CASE NO.
82376, PARCEL MAP 82 107 (TOWN 'AND COuNTRY SQUARE) "
Public Works Director Karp explained that the subject"map is a'llot
line adjustment of the par~els located, at the_LUCky Shopping Center, lo~ated
atthe;northeast corner of the' intersection of 'Grand Avenue' ana Courtland
Street. The area is zoned HS and classed highway'commercial in the Land Use
Element of the General Plan,_ The lot line adjustment facilitates reloc~tion
of ,property lines to conform with'the asbuilt conditions of the structuFes in
that shopping center. No improvements have been required and he recommerlded
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approval with the finding that Parcel Map AG 82-107 is consistent with the
Ge~eral- Plan" and' City . ~oning... On motion of Council Member Vandeveer,. ~,~
seconded by Council,Member Gallagher, it was unanimously voted to appro~e
Parcel Map AG 82-107 with the finding that it"is 'cons{st.:int with-the Gerieral
Plan and City zoning. '
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RECOMMENDATION BY PUBLIC WORKS DIRECTOR FOR APPROVAL OF LOT SPLIT CASE'NO.
82-'373 (THOM HEAD/MARTIN POOLE) '"
Public Works Director Karp stated that the subject lot'split is
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located between Branch Mill Road and' Strother Park, at the easter~y City limits.
It i:is a resubdivision of lot fiV" of Tract 600" The lots created by th~
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split were approved under the optional design standards and are 9.99 acres
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and 1.63 acres. The area is zoned AD.and classed low density residenti~l in
the Land Use Element of the General Plan. Since approval of the split i
conceptually approved service of the two lots' by individual water wells 'j and
septic tanks, no public improvements have been required. He stated tha~ the
tentative map was approved by Council on April 13, 1982.and the conditi6ns
requir~d at that ~eeting"h~v~ b~~n m~t. H~ sta~~d t~at Staff is ~eques~ing
with this approval an interpretatio~ of the park f~e ordinance ,by Council.
Staff has required that park fees 'be paid on both lots since neither lot has
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an,existiIlg structure. ,Normally in, this situation, park fees <;ire collec:ted
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with the tract and any following resubdivisions,of lots created within a
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tract rec~:i,.v:e credit."for_~ne park fee pa~d w:i,.th the.o:r:~gina_l tract. 'I
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
MAY.25, 1982
PAGE FIVE
In this particular case, park.fees were waived. with approval. of the original
tract because of the park land dedication made adjacent to Strother Park,
along Arroyo Grande Creek. It would be the normal procedure to give credit
against the lot split for only one park fee and only charge a park fee for.the
additional lot created on the map, Mr.'sKarp,>.s.tated he. is.bringing this
matter before Council because one of the owners of.the.property is.a city'
employee. He recommended approval of Parcel Map'AG 79-022. .Council Member
Vandeveer stated he agrees that. since the park fee has.been waived, the
remaining fee should be only $200. .Couharl'Member Millis stated he
disagrees with the proposed finding that the map is.consistent with the J"::"
General Plan. Attorney Shipsey stated that. this is. not a necessary finding..
He stated the Map Act has a provision that says.the legislative body shall
not deny approval of a final.map pursuant to Section-66474, if it has
previously approved the tentative map. for the .proposed subdivision and if
it finds that the final map is in substantial compliance with the previously
approved tentative map. He advised that the finding to make would be that
the final map is consistent with the previously approved tentative map.
Council Member Gallagher questioned the approval. of this map subject to
the requirements of the Water Quality Control Board. Public Works Direc~or
Karp stated that the Board will seek additional information from the ".
applicant., and. their corlCern is when grading occ:urs. Council Member !1i)li'j'...
stated he will. vote in favor of the parcel map ,even. thDu9h .he v.oted..agij.inst..
the lot split and he said he .hopes a situation H.ke ..tJ:1i,s . does not .occm::.,aga}.p.
He recommended that the General Plan be amended so that the parcel map-is
consistent. Council Member Hogan stated that he is in favor.of the parcel
map as the applicants' are trying to prevent further splits of the property.
Council Member Vandeveer commented that according to Ordinance No. 153 C.S.
the property is' not further splitable. Council Member Millis stated that the
Land Use Element re~ers.to this area as low density residential which could
mea~ 4.5 residence~/to an acre and the zoning specifies Sacre minimum parcels.
Council Member Vandeveer moved to approve Parcel Map'AG 79-022 with the
following' conditions:
1) Determine that a park fee of $200 is required for this parcel map and
refund the remaining amount of $200 to the applicants.
2) Find that Parcel Map AG 79_022.is substantially consistent. with the
previously approved tentative map. .
The motion was seconded by Council Member Hogan. A roll call vote.was taken:
AYES: Council Members Vandeveer, Millis, Hogan, Mayor.Smith
NOES: None
ABSTAIN: Council Member Gallagher
ABSENT: None
Council Member Millis. moved to refer this area to the Planning Commission
to be reviewed within!~,an.":i.apppopriatej.time and to clear up the meaning .?f
the 101 zoning when the General Plan changes are considered.. .The motion.; lI!Jas
seconded by Council Member Gallagher. A}.roll call. vote .was taken:
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AYES: Council Members .Gallagher and Millis, .Mayor~mith
NOES: Council Members Vandeveer. and Hogan
ABSENT: None
ORDINANCE TO AMEND CODE SECTION 8-1..04 OF THE CODE OF THE CITY.OF ARROYO.GRANDE
AS IT PERTAINS TO AUTHORITATIVE CONTROL OF BUIWING INSPECTOR. .' . .' ' .'
Administrator Sheldon explained that t~e pr~p~~ed,o~dinance wo~ld name
the Public Works Director/CdtbS,,;Engineer as the .Building Official rather than
the Planning Director. He stated that this .seems to be th&nmost efficient
method of operating as.there is a close coordination between the building
inspection; construction inspection and other functions in the Public Works
Department which is essential for orderly development. He recommended approval'
and first reading of the ordinance. Council Member Gallagher stated thati,he
wishes to continue this item so that he may discuss the matter with the parties
involved a Council Member Hogan agreed a On motion of Council Member Millis,
seconded by Council Member Gallagher, it was unanimously voted to table this item.
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153
CITY COUNCIL
ARROYO GRANDE.. CALIFORNIA
MAY 25, ~982
PAGE SIX
CHANGE OF COUNCIL MEETING DATE FROM JUNE 8, 1982 TO WEDNESDAY, JUNE 9,
, . After'discussion, it,'was.,the'.consens:us~of Council to meet on
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th~ regular date of. June 8,...1982. " ... -- _ ...
1982
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CONSIDERATION OF REVISED DEVELOPMENT. PLAN-, - LOTS 4 AND' 5, TRACT.. 604, OAKcPARK
ACRES, (JAMES WAY 'CENTER).. . - --
:>'. Planning.Director Haysccstated. that. the owners-of--the. James Way::
Ce1')ter are-requesting that the:,present ,development-plan for. the site-be,:-
revised,to accommodate a motel.which.is:larger.than'originally.planned.~n.the
original.,development.. ~The Planning Commission, at,their May 4, 1982. meeting.,
held, a"public-hearing..and recommended ,approval. of the revision.. He :'
red.ommended acceptance of the development plan as- approved by.,the Planning-
COnlmission. On '.motion of Council.,Member Gallagher" seconded. by Council:i
M~er Hogan, it-was unanimously. voted to-approve the revised development
plan for Lots 4 and 5, Tract 604, Oak Park Acres (James Way Center). .
FURTHER DISCUSSION OF COMMUNITY WATER WELL SYSTEMS
Administrator. Sheldon explained .thatche . was . requested to list this
it~ on the agenda for discussion.- . Council. Member Gallagher-stated that a
number of persons in the R-S District are concerned that water be utilized
only 'by persons within the area in which the lot split occurs; that water
not be transp'orted., ':eThere was discussion regarding the proper wording to
be ';used ',to amemd-'Ordinance:.260 C'.S. to prohibit the transport of water.:
It:was the consensus of'Counciy'that Staff return a~ the next meeting with
proposed wording.
ADDITIONAL AGENDA ITEM ''-, . , .,
Public Works 'Director Karp requested that Council consider a lot
split as an emergency item. Councilcconcurred. Mr. Karp stated that the
subject map is a lot line adjustment of the parcels located at the east:,side
of,~oodland Drive, south of, Fair Oaks Avenue. The area is zoned R-l and
classed low density residential in the Land Use Element of the General Plan.
Th~ lot line adjustment facilitates relocation of property lines to cor~ect
a problem that was created when the one house was built encroaching on the
adjacent lot 15 to 20 years prior. No improvements have been required "
and he recommended approval with the finding that the map is consistent
with the General Plan. On motion of Council Member Hogan, seconded by
Council Member Millis, it was unanimously voted to approve Parcel Map AG
8l~272 and find that it is consistent with the General Plan and City zoning.
ORAL COMMUNICATIONS
Council Member Vandeveer commented regarding the order from the
Superior Court regarding the drainage of the Wells property. He stated!ithat
bids should be received in the near future as the rainy season begins in
October and the court has ordered that the work be done in 180 days. Ptoperty
owriers should be notified that'they need to move private property away from
the easement. He stlated that the City is losing approximately one-half::;
million in services that would have been provided in the development of i: the
Wells property. Public Works Director Karp stated that he has made contact
with the electric company regarding moving the pole lines in backcof the
pr~perty lines on Pearwood and they will work within our time limitatio~Sa
Heihas proposed in his' budget under discretionary funds $20,000. Council
Member Vandeveer requested that this be a continuing agenda item until the
prbperty is completed.
,Administrator.Sheldon stated that he has received notice from the Brush
Poppers of the increase in their insurance coverage, as requested by Council,
and the item will be placed on the next meeting's agenda.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
MAY 25, 1982'
PAGE SEVEN
Council Member Gallagher requested justification for the rate increase to
the sewer plant. Public Works Director Karp stated that'the"proposed
increase is not in connection with the sewer plant; the proposed increase
is for City services only. He stated that the rates are lower than those
in Oceano, Grover City, and Pismo Beach. Some of the sewer lines in various
parts of the City are over 50 years old and are in need of~repair. Council
Member Gallagher'stated that he is opposed to the proposed sewer rate
increase of 53"3%. Council Member Gallagher requested that a letter' of
commendation be sent to Vick Pace Ford and the Rose Victorian Inn for"the
upgrading they have'done to their 'businesses. Administrator Sheldon stated
that this action has been taken by the ChaIDber of Commerce. Council Member
Gallagher requested information as to the private road known as Oakhill
Road. It was the consensus of Council that this item be placed on the
next agenda.
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ADJOURNMENT
On motion of Council Member Gallagher, seconded by Council Member
Vandeveer, it was unanimously voted to adjourn at 9:35 P.M.
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