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Minutes 1982-08-10 194 CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 10, 1982 The City Council met in regular session with Mayor Pro'Tern Gallagher presiding. Upon roll call, Council Members Lawrence E.'Vandeveer"MarkM.' Millis, and Karl A. Hogan 'reported present. Mayor'B'Ann'Smithwasabsent. PLEDGE OF ALLEGIANCE Council Member Millis led the Pledge of Allegiance to our Flag. Pastor Wayne'Beene, Landmark Missionary 'Baptist Church, Arroyo Grande, delivered the invocation. APPROVAL OF MINUTES On motion of Council -Member Vandeveer, ,seconded by Council Member Millis, it was, unanimously voted to'approve the minutes of July 26 and 27, and August 2, 1982. u 'APPROVAL OF WARRANTS" On motion of Council Member Millis, seconded by Council ,Member Vandeveer, Payroll Warrants #22930 through #2303l.in the amount of,$S4,202.29 were approved and ordered paid.. '. , '_~.. " ! ..,. ,',,~ PRESENTATIONS,:>;';; Florence La Porte, Former Downtown was not present to accept the certificate. regarding her contribution to the City. Parking Advisory Board Member, Council Member Vandeveer commented APPROVAL OF CONSENT AGENDA ITEMS On motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously voted to approve the Consent Agenda Items with the recommended courses of action. A-I. Receipt of Departmen.tal Monthly Report for Month of July, 1982. RECOMMEND RECEIVE AND FILE. A-2. Receipt of Minutes of Parking and Traffic Commission for Meeting of July 19, 1982. RECOMMEND REVIEW AND FILE. A-3. Request by Arthritis Foundation, Branch of SantaBarbara and San Luis Obispo Counties, for Fee Exernpt License to'Conduct Annual Neighborhood Campaign in February, 1983. RECOMMEND RECEIVE, REVIEW AND SUBSEQUENT ISSUANCE OF FEE EXEMPT LICENSE. A-4. Receipt of Planning Commission's Answered Agenda for Meeting of August 3, 1982. RECOMMEND REVIEW AND FILE. A-S. List. Updated Copy of City of Arroyo Grande's "Council Members and Commissioners" FOR INFORMATION PURPOSES ONLY. A-6. Receipt of Chief Plant Operator's Monthly Report for July, 1982 on South San Luis Obispo County Sanitation District's Operation, Plus Others. RECOMMEND REVIEW AND FILE. u A-7. Receipt of Letter of Acknowledgement Re. City's Letter Directed to President Reagan Re. Nuclear Arms Control. RECOMMEND REVIEW AND FILE. A-8. Receipt of Legislative Bulletin from League of California Cities, and Others. RECOMMEND REVIEW AND FILE. A-9. Receipt of Letter from Grover City Re. Notification of Their Concern and Interest Specific to Quality Level of Treatment of Wastewater being Discharged from Pismo Beach's Sewer Treatment Plant and Transported via South San Luis Obispo Sanitation District rrunk lines through Grover City. RECeMMEND RECEIVE, APPLICABLE ACTION, IF ANY, AND FILE. n I ! "- l -Ii '! 195 CITY COUNCIL ARROYO GRANDE, CALIFORNIA " AUGUST ~,O, 1982 PAGE TWO, I :j SECOND READING OF ORDINANCE TO ESTABLISH FEES AND RATES FOR LOPEZ WATER CONTRACT CHARGES ! Administrator Sheldon noted that' this ordinance will increase :the , . - . - - Ii fees and rates for Lopez Water; the residential fee by 759. Attorney 1: Shipsey read the title of the ordinance. On motion of Council Member :' I . " Vandeveer" seconded by Council Member Millis, it, was unanimously voted :to 'I . ~ .- .. ~ - '."- . - ,- . : di~pense with further read}.ng:' ?_~ th.e <?r9j..!lr~nc~.__ :1 ~I - ri ,ORDINANCE NO. 273 C.S. AN ORDINANCE OF THE CITY COUNCIL OF,THE'~ITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE, BY AMENDING CHAPTJ;:R 7, OF TITLE 6,. SECTIONS 6-7.01(f), 6~7.01(g) SCHEDULES I AND II, AND 6'-'7..01 (h), ~! ,:1 'I :! i: " Miiiis, ..' 'I . On m9t.t9ll aIld on the of Council Mej;,},er Hogan'; seconded, follo~ing roll call vote, t~'wit; , --. - - .'. "'. _ .....' __B by Co~cil Member I! -' I, . co~ncil'Memb~rS None Mayo,r Sl11ith ~ ;1 vandeve,er, Millis, ,Hogan, May,?r Pro T,em: Gallagher AYES: ' NOES:, ABSENT,: .i- j; AUgust,'! 1~Hl2. 11 the for~go~ng Ordin~Dce wa~' pas~ed,and ad~pt~~ this lOth ,day of " - - . . - -'. '.. - .. 'i~ . SECOND READING OF ORDINANCE TO ESTABLISH,FEES AND RATES FOR USE OF PUBLIC SEWERS ,Administrator Sheldon, stated that this increase in fees and rates will increase 'the basic;'esident':l.al ;'ate by, 259. Attorne'y Shlpsey read! the , -. ", - - - . - . . - - -- -, - . -. i' title of the ordinance. On motion of Council.Member Vandeveer, seconded by:! Coun'bil Member MillU;:, 'it, was u':'animou~ly ,vo'te'd ts: disp'er.>se..with, fui.~h~r re'ading of the. ordinance. . - - . -i; J .,! ORDINANCE NO., 274 C.S. AN ORDINANCE OF ,THE C,ITY COUNCIL' OF THlj: CITY OF ARROYO GRANDE ' AMEND];NG ,THE ARROYO GRANDE MUNICIPAL CODE BY-AMENDIN~,SECT~ON 1001 OF ARTICLEulO, CHAPTER 6 OF,TITLE 6 THERETO ESTABLISHING FEES AND RATES FOR USE OF PUBLIC SEWERS On motion of Council Member , " Gallagher"and on the, following, roll :-. ii ~ " ! "-.- . - - . M~l~is~ second~d,by "all vote, to_",it: Member' II ii, Council AYES: NOES: ABSENT: Council ~emb~~s None , Maybrj:Smi th " yandeve~~ ,Mill:j..s _,,"' Hog.a~ I Mayor Pro j: 11'.. - Tem Gallagher it th~ !, I 1i fc?r~going Ordinance was:pas;:'ed and "d9pted th-is 10th day' of'August,:!1982. . _ " . _.-- . ..' -ji- - AMENI:JING TITLE:' 9~ 'CHAPTER 1;' SECTION .02 oi! THE BY CITY COUNCIL MEMBERS AT PLANNING COMMISSION SECOND READING OF ORDINANCE MUNICIPAL CODE - ATTENDANCE MEETINGS I I ! Administrator Sheldon stated this ordinance would delete counc'il melnbers as..ex-officio members of ,the Planning Commission. Attorney Shi~sey rekd the title of the ordinance~ On motion.of Council Member Vandeveer':, sefond~9 flY ",Cquncj).._Me~l?:r; ~qg~n, i:t<w9-~ uPc:Lni!l.lo~~+y ,_voted to,... dispense ~ith further reading ,of the ..ordinance. . . .. -, y- ...... -~.;\ :1 .il 196 CITY COUNCIL ARROYO GRANDE, CALIFORNIA AUGUST 10, '1982 PAGE THREE ORDINANCE NO. 275 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING TITLE 9,.. CHAPTER 1, SECTION .02 OF THE MUNICIPAL. CODE. RELATING TO ATTENDANCE OF COUNCIL MEMBERS AT PLANNING COMMISSION MEETINGS On motion'of Council Member Vandeveer, seconded by,Council Member Hogan, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Vandeveer, Millis, Hogan, Mayor Pro Tern Gallagher None Mayor Smith u the foregoing Ordinance was passed and adopted this 10th day of August, 1982. DISCUSSION RE: RESOLUTION CONCERNING MORITORIUM ON' OFF-SHORE DRILLING Administrator Sheldon stated that a member of Council requested that this resolution be prepared which would.. support the. drilling moritorium bill, HR 6365, which has been introduced in the Congress of the United States. Council Member Hogan stated he is opposed to this resolution and the proposed moritorium as our country needs the fuel. Council Member Vandeveer stated that he would be in favor of exploratory drilling but would like further information. Council Member Gallagher stated he is in favor of the resolution because it is cheaper to import o~l and the moritorium would preserve. the coastline. Attorney Shipsey read the title of the resolution. Council Member Vandeveer moved to dispense with further reading of the resolution. There was no second to the motion. Council.Member Millis moved to table the item and was seconded. by Council Member Gallagher. Council. Members Millis and.. Gallagher voted in. favor. .Council Members Vandeveer and Hogan dissented. Attorney Shipsey read the resolution in its entirety. Council Member Vandeveer moved to not consider further this resolution, concerning.. HR 6365 and was seconded by Council Member Gallagher. All voted in favor. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE IN PARTICULAR SECTIONS 9-4.1001 AND 9-4.1013, RELATIVE TO APPROVAL OF DEVELOPMENT PLANS AND SIZE OF'PARCEL IN THE PLANNED DEVELOPMENT ZONING.DISTRICT Administrator Sheldon stated that this proposed amendment would provide that all development plans under the planned development district must be approved by the City Council in ordinance .form and deletes the 10 acre minimum parcel size for the planned development zones which allows greater latitude to apply this type of zoning. The Planning Commission has recommended adoption 6f;,'this amendment. The hearing having been properly.. \,.....Ji published and noticed, Mayor Pro Tern Gallagher opened it for public comment. There being none, the hearing was closed. On motion of Council Member Vandeveer, seconded by Council Member Millis, its was unanimously voted to accept the recommendation of the Planning Director. Council Member Millis stated he is concerned that this zone be used sparingly and that it should be used for an area which can't fit in any other. Attorney Shipsey read the title of the ordinance. On motion of Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to dispense with further reading of the ordinance, to constitute the first reading of the ordinance. J PUBLIC HEARING REGARDING INCREASE. IN DRAINAGE FEES PERTINENT TO DEVELOPMENT WITHIN THE FAIR OAKS DRAINAGE DISTRICT AND REGARDING PROPOSED DRAINAGE.STUDY FOR'THE AREA. KNOWN AS HALCYQN:iROAD, WEST .TO CITY LIMITS Public Works Director Karp reported that.o~ an earlier occ~s~on, as a condition to development of the first parcel of land within the Stem Annexation, the developer has been required to update the City's drainage plan to include the newly annexed property. That work has been completed and is summarized in a latter dated July 2, 1982, addressed to the City by Jim Garing. n n 197 CITY COUNCIL' ARROYO GRANDE, CALIFORNIA AUGUST 10, 1982 PAGE FOUR The prapasal nat anly summarizes.haw. the drainage.is ta,be,resalved within ! ~I th:a StE?!,I!1.Anne;xatJpn, but. a.l.so disc.us~es. fo~.al).y gf. e~isting... G~ii-y.. poli~,ies requiring developers to construct various improvements as cond~~lons td;new subdivisians. The Engineer has been asked to. upgrade the'drainage fees': based.on the Engineering.News Record, Construction Cost Index, and ~hat' pr6pasal is part af the afarementianed amendment. This prapasal impaci~ property thraughau,t the drainage ,~istric't. He, reca~ended,'th~t Cauncil': apprave the resalutian, increasing. the drain~ge fees.. aSBaciated. wi th deyelapment within,the Fair Oaks Drainage District knawn a", "Halcyan Raad, west to. City Limits". The hearing having been, prape,rly published' an!? naticed, HgtY9,r Pro. Tern., Gallagher ap,ened it, far, public comment. ,,:rIH~ GARING, Garing, Taylar, and Assac'iates, spake regarding the ,study. BILL 9APP, :' 617 Waadland Drive, spake regarding the cast per acre. There being no. ' further comments, the hearing was closed. Council Member Vandeveer stated ,he is appased to. using the Canstructian Cast Index. There was -dikcussion regarding the cost per acre and..the :use'of the Construction ~ost. ln~ex and amendments were,.made. to., the prapas,ed >;esalutian....,Attorney. Shipsey read the title af,the resalutian. On mation af.Cauncil Hernber , Vai1deve~r, se~onded by.Co~n~i~ .~~~e:r:'.~og9-n: .i,t.was ~Da~:!-m.<?E~ly vot~'~. ~9" dispense with.1:urth,er re,ading af the resalu;tian. .. .. RESOLUTION NO. 1660 ~ ;: .A RESOLUTION, OF., THE CITY.COUNCIL OF T!lE.CITY. OF.ARROYO GRANDE AHENDING,RESOLVTI9~ NO. 1906 REGARDING AHENDING EST~LISllj;:pC!I1'RGE? "FO;R,DRAINAGE IHPROVEHENrS WI1'HIl~t THE AREA, OF, THE DRAINAGE, STUDY HAP DESIGNATED "ARROYO GRANDE DRAINAGE AREA NO.1, HALCYON ,ROAD WEST TO CITY LIHITS" On matian af Cauncil Hember Hillis, secanded by'Cauncil Hember: Vandeveer, andan, the ,fallawing raIl. call "ate, to. wit: , ' AYES: NOES: ABSENT: ,r Cauncil"H"mbers Vandeve!,n:', H:iJJ.is, Hagan, l1ayar Pro. T~, Gallagher None Hayor::Smi th 'd the, faregaing . Resalutian..was p,a~s~d, and adapted thi!3 10th day"';f August:' .1982. '1'_ r DI'SCUSSION REGARDING PARK, DEVELOPHENT SUBDIVISION.. FEE , ,Parks,~nd Recreatian Di!ectar Keisler stated,that'the 9~r~~ntly adopted resalutian is the same as previaus anes" except. j:ha't" the. fee w;i,s increased fram $200 to. $230. Cauncil Hember Vandeveer stated that he is ,in'appasitian to. designating, the Canstru9tian. Cast, Inde~ as the standard and stated that the fee is taa high. Parks Directar Keisler painted aut that the fees charged are nat used far the aperatian af the Parks D~pait~ent but for the construction 6f recreational facilities. . Council Member.M~llis stated that Cauncil can alw~y's ch~nge', this requirement in:' the resaluti';'n, if; desired. There was no action take~. ~n this' m-atter-~ - -. ~ .- ", " CONTINUANCE OF DISCUSSION REGARDING OAK HILL ROAD ,Attarney Shipsey.,reparted.,j:hat he has. me,t"withthe praperty awners' respective attarneys and he will meet with the Public Warks Directar, i to. discuss filing a natice,af nan-campliance an the parcel map far thepraperty. , " REPORT RE: LAND USE .ELEHENT, OF GENERAL PLAN OF., CITY, OF ARROYO, GRANDE" .,:., Planning Directar Hays reparted that he has beenprace~ding with.an update af the Land Use Element of;-the:'GeneralsPlan and there is a canflict with the land.designated far agriculture. and the minimum.size af,parce~ far .. this designatian. He prapased ,to. clarify, this,issue, by i""ending the La,nd Use Element and corresponding changes in the Zoning Ordinance to add the _ "Dl'~ (Cambining Design Develapment) to. all af the area naw zaned A (Agriculture) to. rectify the five acre minimum lat size questian. He stated that a public hearing is tentatively scheduled far the Planning Cammissian an September 7, 1982. I I) 198 CITY COUNCIL " ARROYO GRANDE, CALIFORNIA AUGUST 10, 1982 PAGE FIVE PROGRESS/STATUS REPORT REGARDING DRAINAGE OF. WELLS PROPERTY Attorney Shipsey requested that this matter be discussed during the Closed Session. PROGRESS/STATUS REPORTS OF PENDING ITEMS OF BUSINESS FOR COUNCIL'S. REVIEW/ACTION Eucalyptus Trees Along The ,Pike Tri-Cities Councils and ~dministr~tors Productivity Committee Rate Structure for South County Sanitary Service Pending Appointment to South,County Human Relations Commission 0 ' by Mayor Smith, Administrator Sheldon stated that,there is no further progress ,or information to report on. these items. PROPOSED ORDINANCE AMENDING TITLE. 10, .CHAPTER.i, SECTION .02 OF MUNICIPAL CODE OF CITY OF ARROMO GRANDE - SPECIFIC TO ATTENDANCE BY CITY COUNCIL MEMBERS AT MEETINGS OF PARKS AND, RECREATION COMMISSION Administratot Sheldon reported that on July 27, 1982 an ordinance was introduced amending the City Code which ,would provide for the elimination of council members as ex-officio members to the Planning Commission. At that time it was requested that staff research the city code to determine if there were any other bodies that the council served as ex-officio members. The only other committee or commission on which the Council is actually an ex-officio member is the Parks "and Recreation Commission. The proposed ordinance would delete such membership. .Attorney Shipsey read the title of the ordinance. ,On motion, of Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to dispense with further reading of the ordinance, to constitute the first reading. REPORT/RECOMMENDATION BY DIRECTOR. OF PUBLIC WORKS RE: APPROVAL OF TRACT NUMBER 944, ARROYO .DEL, MAR, SOUTH SIDE OF ASH STREET, BETWEEN WALNDT AND ELM STREET Public Works Director Karp stated tl1i'lt ,the subject,'tract i" ,located on the southerly frontage of. Ash Street, between:.Elm Stree1;:.'and"Walnut Street. The tract is a planned unit development (land division condominium) which will resul tin; 27 units.' ,The 28th ,lot is a common lot which is owned by the members of the association. The area is zoned RG and classed medium high density residential in,the Land Use Element of the General Plan. .Certain improvements have been required on the Ash Street frontage of the condominium, and additionally water and sewer line construction have been required within the .dri ve~ay's. Easements for wate~ Ii,nes.' .s~wer lines, street trees and drainage have been dedicated on the map. He recommended. approval of Tract 944 with the following, conditions: 1) Authorize the Mayor and City Clerk to execute the appropriate subdivision agre~ent~ 2) Find that the required improyernents are.n~cessary prerequisites to the orderly development of the community. 3) Accept on behalf of the publi~, the easements for water and sewer line. u 4) Reject without prejudice to future acceptance the offer of dedication ,for drainage easement~. 5) Find that Tract 944 is in conformance with the conditionally approved tentative map found consistent by the Planning Commission with the General Plan. and City zoning. On mot~on of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to, approve Tract 944 subject to, the conditions as stated by Mr. Karp. , '-, n I: 199 CITY COUNCIL ARROYO GRANDE, CALIFORNIA i , I AUGUST 10; 1982 PAGE "SIX'" "', " REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS RE: ACCEPTANCE AND FOR CURB, GUTTER, AND SIDEWALK; PROJECT NO. 90-82-1 , PUblic Works "Director Karp stated "that"" the 'project is arid- he, recominendedacceptance "with" the following"" actions: 1 1 il PAYMENT Ii completEi'd ~ .!t_ ;~ "". 1) Authorize "the "first progress'paymeht to R. 'C. Hayes Concrete Inc., in the amount of $9,853.33: . if_ . ConstructJ.on, ..'i. 2) Accept on behalf of the public the concrete" improvements under the contract. " -01" installed~~ 'f i 3), "' Authorize the City Clerk to record the" appropriate notice of compl;;tion. . :1., .'_ i the contractor" 35" day~' the," amount of" $1,094.,82. ~ . ,-.' - - ." - ~f . 011 motion of 'Council. Member-'Vandeveer, seconded by'Council Member Hogari-, it- was unanimously voted'"to" accept project no. ""90-82-1 withthe'rec'ommend~tions as stated" by Mr>Karp. c """, ' - 4)' Authorize Staff to make' the' after recordation'of the'notice final payment'to of completion in _ _;f ";1 " 'REPORT/RECOMMENDATION BY- DIRECTOR OF" PUBLIC WORKS RE': ABANDONMENT OF WATER" AND SEWER EASEMENTS OF RIGHTS~OF~WAY "ON WT 5 OF OAK PARK ACRES; TRACT!i604, INTERSECTION OF OAK PARK BOULEVARD AT JAMES WAY" 'i PUblic Works Director Karp '"explained" that it-is proposed to aJ?andon portions of the existing water and sewer line easements previously dedicated on Lot 5. He recommended adoption of the resolution of intent to aban4on' the two pUblic easements which'were'dedicated for the purpose'of utility installations through, Parcel C" andD' of Lot 5 of" Oak Park Acres. "Since' Lot 5 has been considerably reduced in area and the configuration of the lot has been changed due to the proposed motel construction on Lot 4, the , , e~sements are no longer of value to the City. He recommended adoption'iof the resolution which sets ,a pUblic hearing for this matter on September 14, 1982. "'Attorney, Shipsey read th~ title of the resolution. On motion of C6un~il Member Vandeveer, seconded by Council Member Hogan, it was 'i unanimously voted to dispense with further reading,of' the resolution. \" ...,:; RESOLUTION NO. 1661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SETTING FORTH ITS INTENTION TO VACATE AND ABANDON A PORTION OF A SEWER LINE EASEMENT AND A PORTION OF A WATER LINE EASEMENT ON OAK PARK BOULEVARD, SOUTH OF JAMES WAY, IN THE CITY OF ARROYO GRANDE AND FIXING TIME AND PLACE FOR HEARING AS PROVIDED BY GOVERNMENT CODE SECTION 50430, ET SEQ. 'I i ! i I Ii " " It MeIDber On motion of Council Member Vandeveer, seconded by Council Hogan, and on the following roll call vote, to wit: " i! , i :1 Tem Gallagher I AYES: NOES: ABSENT: Council Members Vandeveer, Millis, Hogan, Mayor Pro None Mayor Smith ii the foregoing Resolution was passed and adopted this 10th day of August, 1982. 200' CITY COUNCIL ARROYO GRANDE, - CAEIFORNIA AUGUST 10, 1982 PAGE SEVEN. CLOSED SESSION The City Council adjourned to a closed session at 10:00 P.M. and returned at 10:40 P.M. Administrator Sheldon 'stated that, by 'minute 'order, the City Council approves the areas of agreement between the City and SEIU Local 660 document, dated August 10, 1982, and 'signed by the Municipal Relations Officer and the representatives of the Arroyo Grande General Services Unit and Supervisors Unit of SEIU, Local 660. On motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously voted to approve this minute ordera Administrator Sheldon ,stated that, by minute order, 'the City Council approves salary and fringe benefit increases for Management and Confidential employees equal to that which was approved for employees covered in the SEIU660 agreement, plus there shall be granted 40 hours~of administrative leave to each of the employees covered in the Management and Confidential group, annually. Such leave is not cumulative and is not intended to be used in groupings of more than 8 to 16 hours at a time. Each'employee so covered shall be vested with the 40 hours commencing with the8effective date of th;bs~:salaryaarid c~l1lime fitspackagec,andc'each"'J:Ulyc,'l:2thereafitierr.."iTlie:c.effectJi!yeo"'2i.Os date of the salary and fringe benefit package for , Management and Confidential Employees shall be August 1, 1982. On motion of Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to approve this' minute order. There was discussion regarding the Wells drainage item. ADJOURNMENT On motion of Councir Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to adjourn 'at 10:45 P.M. "=T'~~~) UTY CLERK ' fd'~~~ MAYOR u u