Loading...
Minutes 1980-09-23 ,__m___ I I I , i n I i I I n ~ u-.;:yo,.;r...,J CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 23, 1980 The City Council met in regular session with Mayor Pro~Tem Upon roll ckll Council Members B'Ann Smith, Karl A. Hogan, reported present. Mayor Pope was absent. Vandeveer presiding. and Mark M. Millis PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Pro-Tern Vandeveer led the Pledge of Allegiance to our Flag. I P't h f the Church of the Nazarene, Grover City, Thereafter," Reverend Larry ,,'c er 0 California, delivered the invocation. APPROVAL OF MINUTES On motion of Council Member Smith, seconded', by"Council Member Millis, and unanimously voted, the minutes of August 26, 1980 were amended as follows: "Mr. Rose stated he would use approximately 1600 gallons of water". "The motion failed with Council Members Smith and Millis voting in favor". Council also requested that future minutes reflect corrections made to previous' minutes. APPROVAL OF WARRANTS On motion of Council Member Smith, seconded by Council Member Millis, and unanim~usly carried, Demand Warrants Jl135l3 through, #13649 and P0022 through" P0046 in thecamount of $363,092.04 and Payroll Warrants #17972 through #18166' in the amo~nt of $107,580.73 were approved and ordered paid. PRESENTATION OF CERTIFICATES OF APPRECIATION Administrator Butch stated the City is' awarding certificates to Former Planning Commissioners Robert Carr and Beverly Simmons; Parks and Recreation Commissioner Judy Wingerd, and South County Human Relations Commissioner Gregorita Pena. Mayor Pro-Tern Vandeveer said only Judy Wingerd was able ' to be present and he awarded the certificate and thanked her for her service to the City from December 1977 to June 1980. Mrs. Wingerd thanked Mayor Pro-Tern Vandeveer and said she has'enjoyed serving on the Commission and hopes she will find time ~o serve again. . APPROVAL OF CONSENT AGENDA ITEMS Council Member Smith requested that items A-3 and A-5 be pulled C' ,I from the cbnsent agenda and read. Upon motion of CoUncil Member Millis, seconded by Council Member Smith, it was voted unanimously to approve the Consent Agenda items with the exception of A-3 and A-5. A-3. Letter of Thanks from' Lee Clark, Re: All City Departments. RECOMMEND RECEIVE AND FILE. Administrator Butch read a letter from Mr. Lee Clark commending the City Departments for their work in the betterment of the'City. Upon motion II of Council' Member Millis, seconded by Council Member Smith, it was voted unanimously to receive and: file Mr.'Clark's letter.' A-5. Resolution of the Central Coast Region Criminal Justice Planning Board, Region P ,In Recognitioncoof;'City Admin<istrator. RECOMMEND RECEIVE AND FILE. I, Mayor Pro-Tern Vandeveer read the resolution in recognition of Thomas M. Butch as a member of the Boa~d and thanking him for his time and effort de~oted to the Board. Upon motion of Council Member Millis, seconded by Council Member Smith, it was voted unanimously to receive and file the resolution and to add the Council's commendation. A-I. Invitation to the City of Carpinteria's 15th Anniversary, 2:00 P.M., Sunday, September 28, 1980. A-2. Invitation to the City of Pismo Beach's Open House to Celebrate Their Recently Restored City Hall Complex, September 26, 1980. RECOMMEND COUNCIL R.S.V.P. A-4. Notice of Funds Which May be Made Available Recent CoJrt Decision on 1978-79 Unsecured Roll. THAT WE ADVISE OUR STATE REPRESENTATIVE. ! to our City asa Result of a Estimate: $25,748.77. RECOMMEND ~-;:r\J CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 23, 1980 PAGE TWO A-6. Receipt of Latest League of California Cities' Legislative Bulletins No. 32 and 33. RECOMMEND RECEIVE AND FILE. A-7. Request Refund on Water Meter at 211 Spruce Street (Kirby Conklin). Existing Meter at Location. RECOMMEND REFUND BE DECLINED AS REPORTED BY PUBLIC WORKS DIRECTOR. A-8. Notice that P.G. & E. has Requested an Increase in Rates for Street Lighting - a 4.6% Increase. RECOMMEND THAT CLOSE WATCH BE DEFT ON THE PROGRESS OF THIS REQUEST. A-9. Receipt of Second Quarter Report on Sales Tax (April, May and June) and Cigarette Tax (May, June, July and August, 1980). RECOMMEND RECEIVE AND FILE. u A-IO. Receip,u"oLAugust Management Report on Worker.~s Compensation. RECOMMEND RECEIVE AND FILE. A-II. Receipt of Departmental Monthly Report for the Month of August, 1980. RECOMMEND RECEIVE AND FILE. SECOND READING OF AMENDMENT TO SUBDIVISION ORDINANCE Administrator Butch read the title to the ordinance. Upon motion of Council Member Smith, seconded by Council Member Millis, it was voted unanimously'to dispense with further reading of the ordinance. ORDINANCE NO. 231 C~S. AN ORDINANCE OF TilE CITY OF ARROYO GRANDE AMENDING CHAPTER 3, TITLE 9 OF TilE ARROYO GRANDE MUNICIPAL CODE TO AMEND SECTION 503, SUBSECTION (b) On motion of Council Member Smith, seconded by Council Member Millis, and on the following;:roll call vote, to wit: AYES: NOES:' ABSENT: Council Members Smith, Hogan, Millis, and Vandeveer. None Mayor Pope the foregoing Ordinance was passed and adopted this 23rd day of September, 1980. SECOND READING OF AMENDMENTS TO ZONING ORDINANCE Administrator Butch read the title to the ordinance. upon'motion of Council Member Millis, seconded by Council Member Smith, it was voted unanimously to dispense with further reading of the ordinance. ORDINANCE NO. 232 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING , CHAPTER 4, TITLE 9 OF THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING SECTIONS 713, 813, AND 913, THEREOF TO PROVIDE FOR THE MINIMUM DENSITY IN TilE R-2, R-3, AND R-G ZONES o On motion"of Council Member Smith, seconded by Council Member Millis, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Smith, Hogan, Millis, and Vandeveer None Mayor Pope the foregoing ordinance was passed and adopted this 23rd day'of September, 1980. . .c:r. it ,: r '- n -',':Y::T.L , , " CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 23, 1980 PAGE THREE DISCUSSION RE: RESOLUTION OF NECESSITY RELATING TO THE CITY WATER ~TORAGE FACILI~: l' City Engineer Karp requested that this ma~ter be con~1nued as he hopes to' have the access easements at the next meet1ng. Counc11 concurred. SECOND READING OF ORDINANCE VILLAGE AREA TO REGULATE BICYCLES ON SIDEWALKS IN DOWNTOWN Administrator Butch reported that the ordinance has been reviewed by the Parking and Traffic ,Commission and ~hey recomm~nd,app~oval. Upon motion of Council 'Member Smith, seconded by Counc11' Member M1111S, 1t was voted I, d' unanimously to dispense with further reading of the or lnance. ORDINANCE NO. 233 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 7,OF TITLE 4 OF THE hRROYO' GRANDE MUNICIPAL CODE RELATING TO REGULATION OF REGISTRATION AND USE OF BICYCLES BY ADDING SECTION 5-7.17 On motion of Council Member Smith, seconded by Council Member Millis, and on thei: following roll call'vote, to wit: AYES: NOES: I, ABSENT: , Council Members Smith, Hogan"Millis, and Vandeveer None" Mayor Pope the foregoing ordinance was passed and adopted this' 23rd day of September, 1980. PROGRESS REPORTS - VARIOUS CITY PROJECTS COMMUNITY BUILDING -' Administrator Butch stated that the;'fourth progress ~ayment is now due and the building is 35% completed. The progress payment due is in the amount of $18,683.45. Upon motion of Council Member Smith, seconded by Council Member Millis, 'it was voted unanimously to pay the fourth progress payment in the amount of $18,683.45 to John Foremaster Construction. FIRE"STATION - Administrator Butch reported that bids were received for the new firesstation on September 18, 1980. vic Montgomery of Richmond, ;Rossi and Montgomery, architects for the fire"station, stated that six bids were received. He said Bunnell Construction is the apparent low bidde~ in the amount of $591,000.00. MAYOR POPE ARRIVED AT THIS TIME (7:56 P.M.) AND ASSUMED THE CHAIR !i. I Mr. Montgomery recommended Council 'award the bid to Bunnell Construction. Upon motion' of Council Member Millis, seconded by Council Member Hogan, it was unanimously voted to award the bid for the new fire:,'station to Bunnell Construction in the amount of $591,000.00. \. SOTO SPORTS COMPLEX - Nothing;cto :report cat.,thisctime. PUBLIC HEARING - EL CAMINO REAL' ANNEXATION NO. 1 TO CITY OF ARROYO GRANDE Administrator Butch indtcated the proposed annexation area on the map and explained that the Local Agency Formation Commission recommends that the annex~tion proceed~c He stated that all property owners in the area were notified ~f this hearing by mail. At the conclusion of the public hearing the I Council has thirty days to adopt a resolution making a finding regarding the value of written protests and must take one of the following actions:' , 1) Terminlte' proceedings if written protests (filed and not withdrawn)' represent 50% or more of the registered voters within the affected territory. -J-:J-z:. CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 23, 1980 PAGE FOUR 2) Order the territory annexed subject to confirmation by the voters if written protests (filed and not withdrawn) represent either: a) 25% or more of the registered voters within the territory; or b) 25% or more of the number of landowners who also own not less than 25% of the total assessed value of land (only) within the territory. 3) Order the territory annexed without election if written protests (filed and not withdrawn) ,represents less than 25% of the registered voters and less than 25% of the owners of the land who own less than 25% of the total assessed value of land within the territory. Mr. Butch said petitions have been received for and against the annexation as u' well as individual letters from citizens. One petition was received just before the hearing and staff has not had an opportunity to check the signatures. He recommended staff review them and return to Council with the proper resolution. The hearing having been properly noticed and published, Mayor Pope declared it open for public comment. STEWARD FISHER, 171 Brisco, stated he is in favor of an election. WILLIAM TAPPAN, 1525 Chilton, stated he signed a petition and while he is' not necessarily against the annexation, he would like an election. ROBERT CHILTON said he is in favor of an election. L.J. FERRARI, 1310 Sierra Way, questioned the cost of thee,annexation. TED MUSCIO, Casmalia-,. asked the zoning of the area. KIRBY GORDON, 405' Indio, Pismo Beach, stated he is the attorney for property owners at 174 Brisco and questioned the annexation proceedure. BARBARA CARLSON, former director of LAFCO, answered questions of the Council. There being no further comment, Mayor Pope declared the hearing closed. Council Member Millis suggested a meeting with the' property owners to answer questions and Council Member Vandeveer concurred. Upon motion of Council Member Millis, seconded by Council Member Vandeveer, it was voted unanimously to continue this.matter to examine the signatures on the petitions and present the proper resolution. REPORT AND RECOMMENDATION OF PLANNING COMMISSION MEETING OF TUESDAY, SEPTEMBER 16, .uao. Administrator Butch stated the following items are set for public hearing on October 14, 1980: a) Pre-Zoning Case No. 80-140,' Valley Road at Los Berros Road (Los Berros Annexation - Garing). b) Pre-Zoning Case No. 80-139, 1485 Chilton Street (Sternbergh' Annexation). c) Pre-Zoning Case No. 80-141, El Camino Real and Robles Road (Filer Annexation). d) Re-Zoning Case No. 80~144, Amendment to the Land Use Plan for Medium Density Residential to High Density Residential, 523 Crown Street, (Irvine/Gordon). e) Appeal OD Planning Commission' Action, Re. Pre-Zoning' Case No. 80-142, Huasna Road (HuasnaRoad Annexation No.4 - Wells). REPORT AND RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION MEETING OF U WEDNESDAY, SEPTEMBER 10, 1980 After discussion, it was the decision of Council to set a joint ""'no .'CO CO, ''"', .,d ,"'"""'0 ,"",""'0 '0 CO,,"," '. "," .,;,," '.M. . LETTER OF INTEREST FROM SONIC CABLE TV, RE. THEIR INTENTION TO EFFECTUATE THE PROVISIONS OF GOVERNMENT CODE SECTION 53066.1 (DE-REGULATE) EFFECTIVE OCTOBER,l, 1980 Administrator Butch said that Council had instructed him to find out the cost' and sc~pe of a rate study. The cost would be $1,020' and the cities of Morro Bay, Grover City, pismo Beach and San Luis Obispo have agreed to participate in the study. City Attorney Shipsey stated that it is his opinion i~'c. ,,>;,' Iii I i I : n I 1 ,~ IS~"',) CITY COUNqL ARROYO GRANDE, CALIFORNIA SEPTEMBER 23, 1980 PAGE FIVE that 'franc~ise holders ca~ deregulate which means that they will avail themselves lof the code section which says . I will(;no longer be contr~lled by rate structures and the franchise'. It is also his opinion that ~f the cable company wishes to spend the money they can deregulate. The code . . section is :ia ne~ provision !:because cable companies are having trouble ral.sl.ng their rate~ so legislature passed this section with certain requirement~. Council Member Millis stated he is in favor of the rate study and Counc~l should ask, Sonic TV to delay the deregulation procedure. Upon motion of Council., Member Millis, seconded by Council Member Vandeveer, the, motion was passed , il to proceed I with the rate study and ask Sonic TV to delay any effort to deregulate. Council Members Smith and Hogan dissented. PROPOSED ORDINANCE CHANGE TO INCREASE MEMBERSHIP ON PARKING AND TRAFFIC COMMISSION Administrator Butch stated that this ordinance has, been returned to Council!' with the requested"I,changes which provide for seven members and setting place and time of the,,;meeting. Upon motion of Council Member Smith, seconded I~ by counci~; Member Vandeveer, it was voted unanimously to dispense with further reading of: the ordinance. r ESTABLISHMENT OF A NEW DANCE PERMIT PROCEDURE FOR THE CITY OF ARROYO GRANDE Administrator Butch requested that this item be continued so that a proposed ordinance can be drawn up and reviewed by the Police Chief. Council agreed to continue the matter. , , " RECEIPT OF PROPOSED.CULTURAL HERITAGE COMMISSION ORDINANCE FROM THE SOUTH COUNTY HISTORICAL SOCIETY i Administrator Butch referred to the letter received from the South County Historical Society requesting consideration of a proposed . Cultural :Heritage Commission Ordinance'. He recomrnended Council refer the request to the Planning Commission for their consideration and Council concurred. r PROGRESS REPORT ON RECENT .sCAT MEETING OF AUGUST 27, 1980 Council Member Smith reviewed the meeting and stated that there I. . was no po~~t~on taken on the proposed bus system from the South County to San Luis Obispo. PROGRESS REPORT ON RECENT 'SAN LUIS OBISPO COUNTY AREA COUNCIL OF GOVERNMENTS' MEETING OF SEPTEMBER 4, 1980 Council Member Vandeveer stated that COG also reviewed the proposed bus line from South County to San Luis Obispo and it was approved. However, it was recomrnended to the PUC that some technical requirements be met such as p~rmitting the bus to stop at the airport. FILL VACANCY ON SOUTH COUNTY HUMAN RELATIONS COMMISSION I' Mayor Pope said he has received several ,names of persons from Council M~rnbers interested in serving and will accept any...,other applications. I RESOLUTION HONORING SENATOR ROBERT NIMMO AS ARROYO GRANDE'S STATE SENATOR Administrato~ Butch stated this is a resolution honoring the retiring Senator who will :be celebrating his re~irement. Upon motion of Council Member Smith, seconded by Council Member Vandeveer, it was voted unanimously to dispense with further reading of the resolution. RESOLUTION NO. 1429 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE HONORING SENATOR ROBERT P. NIMMO UPON HIS RETIREMENT On motion of Council Member Vandeveer, seconded by Council Member Smith, and on the following':roll call vote, to wit: ! ____-1 ~'::r4 CITY COUNCIL.'. ARROYO GRANDE, CALIFORNIA SEPTEMBER 23, 1980 PAGE SIX AYES: NOES: ABSENT: Council None None Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope the foregoing Resolution was passed and adopted this 23rd day of September, 1980. AGREEMENT BETWEEN CITY OF ARROYO GRANDE AND CENTRAL 'COAST CHRISTIAN ACADEMY FOR SEWER AND WATER OUTSIDE THE CITY OF ARROYO GRANDE Administrator Butch stated that because this is an unusual circumstance in granting the water use, it was decided that some type of agreement should be entered into with the cost listed. Mr. Butch read U portions of the agreement. Mr. Lou Caballero, 990 Stevenson, member of the school board, thanked the Council for their assistance in providing "'- sewer and water services to the school site. He said the Board agrees with all water fees but requests that the sewer service charge be waived because at some time in the future the school may be able to hook up to another service. He also requested that if there was another hook up that the $5,696.22 be refunded. After discussion and upon motion of Council Member Smith, seconded by Council Member Hogan, it was voted unanimously. to. authorize the Mayor and City' Clerk to execute the agreement as recommended by the City Engineer. REQUEST FROM AVILA BEACH COUNTY WATER DISTRICT TO PURCHASE SURPLUS LOPEZ WATER Administrator Butch recommended,that Council not sell any Lopez water. ) After discussion. and upon motion of Council Member Hogan, seconded by Council Member Millis, it was unanimously voted to send a letter to the Avila Beach County Water District advising that the City has no surplus water. REPORT ON RECENT ZONE 3 ADVISORY COMMITTEE MEETING OF SEPTEMBER 18, 1980 Mayor Pope reported that some state and federal funds were available so the dam was cored and nothing alarming was found. The corings were done in three locations and are now being further analyzed. Also, riprap will be placed at the bottom of the spillway to prevent scouring of the downstream channel. REVIEW OF PROPOSED CURB, GUTTER AND SIDEWALK ASSESSMENT DISTRICT Administrator Butch said that staff is recommending curb, gutter and sidewalk assessment districts in seven areas of the City which are: 1. Ide Street - North Side - Whiteley to Garden 2. Ide Street - South side - Whiteley to Garden 3. Garden Street - West Side - Ide to Allen 4. Nelson Street - North Side - Mason to Whiteley 5. Olive Street - North Side - Halcyon to Woodland 6. Olive Street ~'South Side - Halcyon to Woodland 7. Halcyon Road - East Side - Olive to Farroll Council Member Smith questioned the progress of the assessment district on the ~\ north side of Tally Ho Road. City Engineer Karp said that in 1979 staff was authorized to go to bid for the concrete on the north side of Tally Ho Road, however, the design has not been completed but can advertise for curb and gutter at this time. Mayor Pope suggested that the discussion of Tally Ho Road be continued to the O~al Communications portion of the agenda. Upon motion of Council':Member Millis, seconded by Council Member Vandeveer, it was voted unanimously to progress with the assessment district with regards to curbs, gutters, and sidewalks as listed above. COUNCIL APPROVAL OF 1980-81 TRANSPORTATION CLAIM (SB 325) City Engineer Karp reported that the City has just received notification that money is available and reconunends that Council claim:.it. The money would be utilized for the SCAT system and various city streets. Upon motion of Council Member Millis, seconded by Council Member Vandeveer, it was voted unanimously to dispense with further reading of the balance of the resolution. ~ n I ! , ! n :r~'-~.r CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 23, 1980 PAGE SEVEN RESOLUTION NO. 1430 A RESOLUTION OF THE CITY COUNCIL OF, THE CITY OF ARROYO GRANDE APPROVING THE 1980-81 ANNUAL TRANSPORTATION CLAIM AND AUTHORIZING ITS SUBMITTAL TO THE SAN LUIS' OBISPO AREA COUNCIL OF GOVERNMENTS I On motion of Council Member' Millis, sec?rided by Council Member Vandeveer) i~and on the following ,roll call yote, to Wlt: Council Members Smith, Hogan, Millis, Vandeveer, an~ Mayor Pope None' None AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this 23rd day of September, 1980;. ,I I PROGRESS PAYMENTS AND ACCEPTANCE OF CITY PROJECTS , JUNIPER STREET STORM DRAIN - City Engineer Karp recommended that , Council accept the storm drain as complete, authorize the City Clerk to file the appropriate Notice of Completion 'with the County Recorder's Office; authorize staff to issue Progress Payment No. 2 in the amount of $734.33 immediatel~; and to release the retention 35 days after the date of filing of said Notice of Complet.i"on; ',' 'The amount of the retention will be $3,511.19. I " Upommotion of Council Member Vandeveer, seconded by Council Member Hogan, it was voted unanimously to approve progress 'payment no:' 2 for the Juniper Street Storm Drain and authorize all other recommendations of the City Engineer. HIGH SCHOOL CHANNELIZATION - City Engineer Karp stated that the high school channelization project is ready for the second progress payment in the amount of $8,072. Council Member Millis questioned the hole in the road. Mr. Karp e~plained that the hole is an old drain and staff will be putting in a block. Also some of the striping on Valley Road will be corrected. Upon motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to approve progress payment #2 in the amount of $8,072. WATER LINES (Baker) - City Engineer Karp reported that the water lines at California, East Cherry, and West Cherry are ready for progress payment #:i' in the amount of $9,377.47. He recommended that this payment be made. Upon motion of Council Member Smith, seconded by Council Member Vandevee~, it was unanimously voted to pay progress payment #2 for the water lines at California, East'Cherry,7,and West Cherry in the amount of $9,377.47. ESTABLISH A REIMBURSEMENT DISTRICT FOR PROPERTIES ON MAY STREET City Engineer Karp recommended that the proposal by Mr. Robert Newdoll b~ adopted by appropriate resolution with a time period for reimbursement limited to 10 years. However, he requested this matter be continued so that !: a resolution may be drawn up and Council concurred. I APPROVAL OF PARCEL MAP, LOT LINE ADJUSTMENT FOR LOTS FRONTING ON WEST BRANCH STREET, OAK PARK ACRES (KVIDT) City Engineer Karp stated that the property is zoned "P-D" and classed lo~ density residential in the Land Use Element of the General Plan. The adjustment was approved in concept through an amendment of the City's Zoning Ordinance. Mr. Karp recommended Council approve the lot split with the findirtg that the Parcel Map AG 79-840 is consistent with the General Plan and zoning and accept on behalf of the public the dedication for West Branch Street. Upon motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously voted to approve the Parcel Map AG 79-840 with the finding that it is consistent with the General Plan and zoning and accept on behalf of the public the dedication for West Branch Street. -,r::r5 I II i ~ " i CITY' COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 23, 1980 PAGE EIGHT WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS - All Council Members concurred that the curb and gutter construction on north Tally He is an urgent situation. Upon motion of Council Member Hogan, seconded by Council Member Millis, it was voted unanimously to consider the construction of curb, gutter andjdriveway apron on the northwest side of Tally Ho Road, a..priority project and to approve construction for those property owners who have the money on deposit for the work. MARIE COTTIOR spoke regarding studies on radiation and will provide Council copies of the reports. Administrator Butch reminded the Council Members who wish to ride in the Harvest Festival Parade, Saturday, September 27, 1980, to meet at Halcyon and Grand Avenue by 9:30 A.M. ADJOURNMENT - Upon motion of Council Member Millis, seconded by Council Member Hogan, it was voted unanimously to adjourn at 10:10 P.M. to astudyssession on October 12, 1980 at 7:30 P.M. ATTEST: o u