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Minutes 1981-04-14 476 CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 14, 1981 The City Council met in regular session with roll call, Council Members B'Ann Smith, Karl and Lawrence E. Vandeveer' reported present. Mayor Pope presiding. Upon A. Hogan, Mark M. Millis, PLEDGE OF ALLEGIANCE Council Member Millis led the Pledge of Allegiance to our Flag. Thereafter, Reverend John W. Germain, Grace Bible Church, Arroyo Grande, California, delivered the invocation. APPROVAL OF MINUTES' U On. motion of Council Member Hogan, seconded by Council Member Vandeveer, it was unanimously voted to approve the minutes of March 24, 1981 =~-"'''"'''' '0 .",,~ <h. ,,"ooreo "' ""coo " .." ApcB " '''' = pc.~,",. . APPROVAL OF WARRANTS On motion of Council Member Vandeveer, seconded by Council Member Hogan, and unanimously carried,' Demand Warrants #14795 through #14993 and #P155 through #P169 in the amount of $453,440.28 and Payroll Warrants #19436 through #19566 in the amount of $56,460.55 were approved and ordered paid. APPROVAL OF CONSENT AGENDA ITEMS On motion of Council Member Smith, seconded by Council Member Millis, it was unanimously voted to-approve the consent agenda as presented minus2item #11. A-II. Request that State Fire Marshal's Office be Permitted to Rent Office Quarters at New Fire Station at $100 Per Month. RECOMMEND COUNCIL AUTHORIZE LEASE AGREEMENT BETWEEN CITY AND STATE FIRE MARSHAL'S OFFICE. Mayor Pope stated that he has no objection to leasing the space to the Fire Marshal's office, however, he felt that a year-to-year lease would be more appropriate and that the lease agreement should contain a clause which would allow the rent to be increased with the rising costs of utilities. There was discussion regarding the different types of leases and it was generally agreed that it should contain a 90 day renewable clause. Council Member Millis expressed concern that perhaps in the future our Fire Department may have need of this space. On motion of Council Member Millis, seconded by Council Member Hogan, it was unanimously voted to offer the State Fire Marshal's Office the right to lease for $100 per month for one year with a 90 day renewable clause. A-I. Letter of Request for Mayor to Proclaim PUBLIC SCHOOLS' WEEK, 1981, from April 27 through May 1, 1981. RECOMMEND MAYOR SO PROCLAIM. A-2. Letter of Invitation for Council to Attent SPECIAL OLYMPICS May 1, 1981, at Arroyo Grande High School, 9:30 A.M. to 3:00 P.M. COUNCIL'S PARTICIPATION. Mayor Pope urged all Council Members to very worthwhile activity. MEET on RECOMMEND attend this A-3. Receipt of Announcement of Mayors' and Conference, May 11-13, 1981, in Sacramento. PLANNING TO ATTEND. Council Members' Legislative RECOMMEND COUNCIL ADVISE IF u A-4. Receipt of News Bulletin from Citizens Via Area Agency on Aging. Central Coast Commission for Senior RECOMMEND REVIEW AND FILE. A-5. Receipt of Departmental Monthly Report for March, 1981. RECOMMEND REVIEW AND FILE. A-6. Receipt of Legislative Builetin, No. 9 & 10 of League of California - Ci ties'. RECOMMEND REVIEW, RESPOND IF APPLICABLE, AND THEN TO FILE. .-- - -.- n II J__ 477 CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 14, 1981 PAGE TWO A-7. Receipt of SCAT Monthly RECOMMEND REVIEW AND FILE. , Reports for January and February, 1981. A-8. Receipt of Request from Family Services Center and San Luis Obispo County Symphony.for Support Funding in 1981-82 Fiscal Year from City. RECOMMEND REVIEW AND REFERRAL TO 1981-82 CITY COUNCIL BUDGET SESSIONS. A-9. March Receipt of 11, 1981. South Council Human Relations Commission Minutes of RECOMMEND REVIEW AND FILE. A-IO. Receipt of San Luis Obispo County Air Pollution Control District Bi-monthly Report for January/February, 1981. RECOMMEND REVIEW AND FILE. A-12. Receipt. of Final 1980 Federal Census Figures -- 11,290 with 4,602 Housing Units. .RECOMMEND RECEIVE AND FILE. A-13. Request;, Mayor Proclaim May 17-23, 1981, as NATIONAL PUBLIC WORKS WEEK. RECOMMEND MAYOR SO PROCLAIM. " A-l4. Request by Public Works Director for Council Approval of CLEAN UP WEEK Scheduled for May 4 - 8, 1981. RECOMMEND COUNCIL APPROVE. PROGRESS REPORTS - VARIOUS CITY PROJECTS a) ,Wa):er Reservoir - Bid Award May 6, 1981. Public Works Director Karp stated that the City has gone to bid on this project which will be awarded May 6, 1981 apd thus far there has been considerable interest from local contractors. The reservoir will have a capacity of two million gallons. Council Member Millis questio~ed if the City can begin construction or if the City coulg be s~ed at this point. City Attorney Shipsey reported that the City can take possession of the property within 90,days after .the ' parties have ~een served.cand the 90 days have now elapsed. j, b) pr9gress Report on Conversion of Old Fire Station to Council Chambers. Mr, vic Montgomery, Richmond, Rossi and' Montgomery, stated that per Council's 'request, he has broken down the separate costs for the upstairs area which consists of approximately 13% of the total cost of the project. He stated it has been Staff's opinion that the upstairs lounge area would be utilized by employees. Council 'Member Millis commented that if construction of this area is delayed, the City.may pay an inflated cost'. in' 'the" future ......: Mr:.c'Montgomery estimated. that the City could pay an increase of 20% by delaying the construction of'cthe lounge area. Council Member Hogan stated that the money used for this project should be used to correct drainage problems throughout the City. On motion of Council Member Millis, seconded by Council Member Smith, .it was passed to approve Alternative.C in the amount of $159,000 to be paid.out of next year's.budget and to instruct the.architect to begin the next phas~ of the contract. Council Member Hogan dissented. i ITEMS WITHDRAWN FROM AGENDA - B-1 and C-l(d). Mayor Pope indicated that he is not in favor of continuing item B-1, public hearing on rezoning case no, 80-145. Public Works Director Karp stated that staff is waiting for the applicant to submit the appropriate map for Planning Commission consideration. City Attorney Shipsey advised that Council could continue the hearing for 30 days. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was I unanimously voted to continue item B-1 for thirty days and to so notify ~he applicant and the Planning Commission. PUBLIC HEARING ON THE CITY'S INTENTION TO VACATE AND ABANDON A PORTION OF ROBLES ROAD (SAN LUIS ENGINEERING) The hearing having been properly published and noticed, Mayor Pope declared it open for public comment. PETE BLANKENSHIP, Pismo Beach, questioned the effect of ,the abandonment on access to his property. There being no further comment, the hearing was closed. City Attorney'Shipsey read the title of the ~esolution. On motion of Council Member Smith, seconded by Council Member Vandeveer, it was unanimously voted to dispense with further reading of the resolution. 478 CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 14, 1981 PAGE THREE RESOLUTION NO._ 1469 A RESOLUTION OF THE CITY COUNCIL OF-THE CITY OF ARROYO GRANDE @RDERING THE ABANDONMENT OF A PORTION OF ROBLES ROAD (STRE]';TS AND HIGHWAYS CODE SECTION 8323, ET SEQ.) On motion of Council_ Member smith, seconded by Council Member Vandeveer, and on the following roll call vote, to wit: AYES: _ NOES: ABSENT: Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope None None o the foregoing Resolution was passed and adopted this 14th day of April, 1981. COMMUNITY CONGRESS - REPORT ON MEETING OF APRIL 1,_1981 Acting City Administrator Clark reported that he has been in contact . with Pattie Dodds, Director of the Chamber of Commerce, and it is now confirmed that the Community Congress_will be held at Arroyo Grande High School. REPORT AND RECOMMENDATION OF PLANNING COMMISSION MEETING OF TUESDAY, APRIL 7, 1981 Council Member Smith stated that she wishes to appeal Variance Case No. 81-74, request_for a_variance from the 90 feet depth requirement in an R-l district, 175 Walnut Street, Paul Van Buskirk. Council Member Vandeveer stated that he is in favor of the appeal only so that Council may obtain f~rther information concerning the application~ On motion of Council Member Smith, seconded by Council Member_Vandeveer, it was passed to consider variance case no. 81-74 at a public hearing at the next meeting. Council Member Hogan dissented. REPORT AND RECOMMENDATION OF PARKS AND RECREATION COMMISSION MEETING OF WEDNESDAY, APRIL 8, 198L a} Request Joint Meeting when New City Administrator is--On Board. The report was received. FURTHER DISCUSSION RE: REQUEST FROM E.O.C. THAT THE MAYOR APPOINT A REPLACEMENT FOR COUNCIL MEMBER SMITH Mayor Pope stated that he is accepting applications for this appointment and notified members of the Press that if any citizen wishes to apply, to contact him. REQUEST THAT CITY COUNCIL ADOPT A RESOLUTION SUPPORTING STATEWIDE SOLID WASTE RESOURCE RALLY - APRIL 20-26, 1981_ Acting City Administrator Clark read the title of the resolution. On motion of Council Member Smith, seconded by Council Member Vandeveer, it was unanimously voted to dispense _with further reading of the resolution. RESOLUTION NO. 1470 o A RESOLUTION OF THE CITY COUNCIL OF_THE CITY_OF ARROYO GRANDE IN SUPPORT OF THE GREAT CALIFORNIA RESOURCE RALLY, APRIL_20-26, 1981 On motion of Council Member Smith, seconded by Council Member Vandeveer, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope None. None the foregoing Resolution was passed and adopted this 14th day of April, 1981. n ! fi '--~----- I 11479 CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 14, 1981 PAGE FOUR REQUEST OF ARAM YAZARIAN FOR A REDUCTION OF BUSINESS LICENSE FEES FOR THERAPEUTIC MASSEUR Acti~g City Administrator Clark stated that a background was cond~~ted on Mr. Yazaiian and he is licensed in the City of San Luis Obispo and the County of Sa~ Luis Obispo. Mr. Yazarian expects to obt~in clients from referrals frqm doctors and physical therapists and will ~ake house calls. He is requesting a reduction in the business license fee for this type of business which is $100. Mr. Yazarian stated that he feels the $100 fee is.too h~gh since other business license fees are $25.00 and he gave a brief background of his past employment and stated.his business is legitimate. Council Member Vandeveer stated he has no objection to. this type. of business but must support the ordinance. Mayor Pope stated that .the fee. is too high. Finance Director Bacon.read from Section 5~11.20 which lists the fee for this type of business.. Mayor Pope suggested .that.staff return. with additional information. so that. Council may determine if the ordinance is unfair and if that is th~ consensus, that the ordinance be changed... Council Member Smith stated ithat she is sure. this business is legitimate, however, the ordinance is 'ito deter those who are.not and must support" the ordinance. Council Member Millis pointed out that if a::reduction, is;i;given to .one person, then it must also be given. to ethers. 'On motion of Council Member Hogan, seconded by C9uncil Member V~ndeveer, it was unanimously voted .to instruct Staff to study therapeutic massage applications with regards to business. license fees and return with recomrnendat~ons., FURTHER DISCUSSION ON PROPOSED RATE INCREASE FOR SEWER SERVICE CHARGES FOR THE ,CITY OF ARROYO GRANDE Finance Director Bacon presented a chart reflecting sewer operating revenue and e~penditures containing a history and projections. He stated that recently!, the revenues have not been meeting the expenditures. Council Member Hogan objected to the proposed increase. CounciL, Member Vandeveer stated that the sewer system must pay for itself. Finance Director Bacon stated that the proposed increase. would recoup previous losses. City Attorney Shipsey read the title of the ordinance to constitute the first reading of the ordinance. On motion of Council Member Vandeveer, seconded by Council Member Smith, it was unanimously voted to dispense with further reading of the ordinance. i ; FURTHER DISCUSSION ON REQUEST OF. FILER REALTORS, RE: CONSIDER CHANGE IN CITY WATER ORDINANCE TO INCLUDE. CONDOMINIUMS OR PLANNED UNITS IN THE WORDING OF THE c ORDINANCE ! . Publib Works Director Karp stated. that he has drawn up proposed changes. to the ordinance, however, he wishes to meeb.with City Attorney Shipsey for his opinion. .It was the consensus.of.Council to continue this item to the next. meeting. LETTER OF REOUEST FROM JOSEPH ROSE, JR., TO REINSTALL WATER METER AT OAK PARK ROAD 1 AND' JAMES WAY TO SUPPLY WATER FOR CATTLE Acting City Administrator Clark read the letter of request from Mr. Rose. .. Mr; Rose stated .that he must haul water to the property from his residence ,at 212 Rearwood.which takes. about two hours per day. Council Member Hogan stated he is in favor. of the request as he is hauling city water. ~ayor Pope stated that Mr. Rose originally indicated that six months was required to obtain another source of waner. Mr. Rose stated that the ownership of the property has changed and at this time there is no'.. other wauer"s~pply. Council Member Vandeveer commented that he would be in favor of a temporary meter but.not for a long, period of tim~_ Council Member Hogan moved to approve the wat~r service for six months. The motion was secon~ed by Council Member Vandeveer. Council Member Millis said he is concerned about precedence-setting. . As of December 31, 1980 the City used.2,054.a~~e,feet and to.date the City has used 2,290 acre feet and the City does not: ::have extra wat.er for'~service outside the city limits~ 480 CITY COUNCIL ARROYO GRANDE, CALIFORNIA AFRIL 14, 1981 PAGE FIVE Council Member Smith stated she is not in favor of the request as Council will also need to make a decision on the proposed deep water. well to provide additional water for. the' City. A.roll call vote was taken: AYES: Council Members Hogan and Vandeveer NOES: Council Members Smith, Millis"and Mayor. Pope ABSENT: None REQUEST COUNCIL AFPROVAL OF PARCEL MAP AG 80-150. (TUCKER, ETAL) EAST SIDE ~~==~~= .0 Public Works Director Karp reported that the lot split is located at 333 and 347 Alder Street. The subdivision creates four parcels and. the area is zoned R-G. The Land Use Element of the General Plan. classes the parcels as medium~high density residential. The Planning Commission. approved the lot split on November 4, 1980 and found it to be consistent with. the zoning and the General Plan. He stated that. parcels 2, _,3, and 4 do not meet the requirements of the zoning ordinance regarding lot width. George Tucker, 1069 Ash, and Hans Vanderveen, 526 May Street, applicants, for the parcel map spoke to the question stating that the lot widths had been approved by the Planning Commission. Roger Fuller, 222 McKinley, spoke in favor of the map. . There was discussion regarding the fact that the lots are not consistent with the zoning ordinance, and therefore Council may not ma~e that finding. City Attorney Shipsey advised that the Municipal Code states that only the finding must be made that the map is consistent with the General Plan. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was. unanimously voted to approve parcel map AG 80-150 subject to the following findings: 1) Find that the cqnstruction of the necessary street improvements are necessary prerequisites to the orderly development of the community. 2) Find that Parcel Map AG 80-150 is consistent with the General Plan. 3) Accept on behalf of the public, the easement granted for street trees. PROGRESS PAYMENTS ON: a) Traffic Signal at Grand Avenue and Elm Street (Lee Wilson). Public Works Director Karp stated that Council is requested to accept the project as complete; authorize the City Clerk to file the appropriate Notice of Completion with the County Recorder's Office; authorize staff to issue the next. progress payment in the amount of $3,674.61 and to issue release the, retention. thirty five days after the date of. filing. of said Notice of Completion which is 10% of the final contract price. On motion of Council Member Smith, seconded by Council Member Millis, it was unanimously voted to accept the project as. complete, authorize the filing of the Notice of Completion, authorize payment of $3,674.61 and the retention. b) Canyon Way Assessment District (Pratt). Public Works Director 0 Karp stated that progress payment no. 1 is now due in the amount of $40,431.08, . and recommen~ed it be paid. On motion of Counqil Member Vandeveer, seconded bycCouncil Member Smith, it was unanimously voted to make progress payment no. 1 in the amount of $40,431:08 to Pratt Construction. REQUEST TO ADVERTISE PROJECTS: a) Construction of Deep Domestic Water Well. Public Works Director Karp presented Jim GaringOof Garing, Taylor and Assoc., engineers for the project. Mr. Garing displayed a map of the proposed well sites at the Elm Street Park. The map contained two proposed well sites and Mr. Garing explained that site *1 is recommended. 'Randy Smith, 1035 Magnolia, stated that he is not in favor of the proposed.sites. Clark Moore,. 1180 Ash, stated he thought the well should be located as far west as possible. ri ~ ~ ,!481 CITY COUNCIL, ARROYO GRANDE, CALIFORNIA APRIL 14, 1981 PAGE SIX Mr. Garing explained that the geologist advises that to move the proposed site west would increase the possibility of contamination of the new well with nitrate~' as the location'of the City's abandoned sewer treatment facility was ~here the corporation yard is now and also the well would be located withhl the cone of depression created when 'the' City of Grover City pumps their well on Nice Street. Mr. Garing also indicated that the geologist anticipates a thinning of the water bearing stratas as the location is moved in an easterly direction. The geologist recommends the site located in the parking lot adjacent to the softball'diamonds (site'#2). Council Member Smith stated she is opposed to'site #2 as it would interfere with available parking. There was discussion regarding site #2 being next to the street!, and possible vandalism. Mayor Pope suggested that the geologist be consulted to determine the'feasibility of other sites. 'Mr. Karp pointed out that he did not foresee the geologist changing his recommendation and a delay for resudy at this time would push the final completion date of the facility from the end of November 1981 to early 1982 due to delivery times anticipated for the electrical switch gear which cannot be ordered until the new:well'is developed and test pumped. 'Mayor Pope commented that' the Lopez Water Treatment Plant'would be shut down in November and the City must have another source of water for that period. Mr. Karp pointed out ~hat the existing water wells would be used to supply that source in the event the new well has not' been completed, however, inasmuch'as none of these wells meet State Health Standards fore 'nitrates , letters of notification would be sent to all of the City water subscribers notifying them of this problem and effects.. '-'2::,-: "-2.':." There was further discussion regarding the exploration of another well site farther to the west. On motion of Council Member Vandeveer, seconded by Council Member Smith, it was unanimously voted to direct Staff to request the geologistl'to explore a location westerly of 's'i'te #2 in ,the vicinity of the corporation yard. 'Mr. Karp indicated that he would discuss with the County the possibility of another rescheduling of the proposed Lopez Water Treatment Plant shutdown. Mr. Karp presented a resolution required by State law to make application to the State Department of Health for a permit to amend the source of domestic water supply for the City. He read the title of the resolution. On motion of Council Member Vandeveer, seconded by=Council MeIDber Smith, it was unanimously voted to dispense with further reading of the balance of the resolution. RESOLUTION NO. 1468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE MAKING APPLICATION TO THE STATE DEPARTMENT OF HEALTH FOR A PERMIT TO AMEND THE SOURCE OF DOMESTIC WATER SUPPLY FOR THE CITY OF ARROYO GRANDE On Vandeveer, I, motlon and on Member of Council Member Hogan, seconded by Council the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Smith, Hogan, Vandeveer, and Mayor Pope Council Member Millis None the foregoing ,Resolution was passed and adopted this 14th day of April, 1981. Mr. Karp stat~d that after the site has been selected by the City Council the Planning Commission will consider a request for a Negative Declaration of Environmental ,Impact for the project. 482 CITY COUNCIL ARROYO GRANDE, CALIFORNIA APRIL 14, 1981 PAGE SEVEN b) Call for Paving"Contract for "Ide; Garden and Upper Newport. Public Works Director Karp stated that"this paving contract will provide for paving upon completion of curb and gutter installation being installed under"the 1911 Act procedures on Ide and Garden. New paving will overlay grading to be accomplished"on Upper Newport Street to eliminate a local drainage problem caused by a grade" sag in the vicinity easterly"of Courtland Street. This paving is budgeted under this year's budget. On motion of Council Member Vandeveer, seconded by Council Member"Hogan, it was unanimously voted to call for bid for paving"on Ide, Garden"and Upper Newport. GENERAL DISCUSSION ON GENERAL PLAN REVIEW AND SCOPE OF"ASSIGNMENT It.was the consensus of Council that this item be continued until the City's new Planning Director is on board. o ORAL COMMUNICATIONS Mayor Pope announced that the new Planning Director, Michael E. Hays, will begin employment with the City on May 4, 1981. Council Member Smith questioned progress on a new ordinance regarding SB 1960. ADJOURNMENT On motion of Council Member Millis, seconded by Council Member Hogan, it was unanimously voted to adjourn at 10:20 P.M. A_"~i,pt~ o