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Minutes 1983-01-11 ~ 0 271 CITY COUNCIL JANUARY II, 1983 ARROYO GRANDE, CALIFORNIA 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. PLEDGE OF ALLEGIANCE Council Member Hogan led the Pledge of Allegiance to our Flag. Council Member Vandeveer delivered the invocation. APPROVAL OF MINUTES I On motion of Council Member Gallagher, seconded by Council Member I Vandeveer, it was unanimously voted to approve the minutes of December 28, 1982 as presented. \..... APPROVAL OF WARRANTS On motion of Council Member Vandeveer, seconded by Council Member Gallagher, Demand Warrants #P477 through #P487 and #18982 through '19084 in the amount of $164,914.31 and Payroll Warrants #24094 through #24193 in the amount of $55,661.44 were approved and ordered paid. PRESENTATIONS Mayor Smith presented Certificates of Recognition to Norma Romanas Lyke, Bertha Manzanero de Hastings, Johnny Barrut Soto, and Khatchik H. Achadjian for becoming Naturalized Citizens of the United States of America. She stated that the City Council is very proud of the step they have taken to be a part of the democratic process; .to vote, to run for elective positions, and to have a voice in this government is commendable. She added that some Americans take our government for granted since they are unfamiliar with any- thing else but these new citizens have left their homelands and chosen this country, aware that even with its faults, it is still. the best form of govern- ment. Mayor Smith stated she is proud to call them American citizens and citizens of Arroyo Grande. Lidia Guzman was present later in the meeting and was presented her certificate by Mayor. Smith. APPROVAL OF CONSENT AGENDA ITEMS On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to approve the Consent Agenda Items, 1-6, with the recommended courses of action. 1. Receipt of Departmental Monthly Report for Month of December, 1982. RECOMMEND REVIEW AND FILE. 2. Request/Recommendation by Parks Director for Council Approval of Progress Payment No. 1 for Improvements (Restroom Facility and Picnic Area) at Strother Park to John Foremaster in. Amount of $21,025.66.. RECOMMEND COUNCIL SO APPROVE AND DIRECT PAYMENT TO BE MADE. 3. Receipt of Answered Agenda and/or Minutes of Planning Commission Meeting I of January 4, 1983 RECOMMEND REVIEW AND FILE. i 4. Report/Recommendation by Carl Warren & Co., City's Insurance Representative, l_ for Authorization to Settle Claim of Marie K. Plurnm, in Amount of $2,500, Incident of 10/2/82. (COPIES TO CITY COUNCIL ONLY). RECOMMEND COUNCIL SO APPROVE AND DIRECT ISSUANCE OF SUCH PAYMENT. 5. Receipt of Letter of Thanks from Now-Retired Supervisor Howard Mankins. RECOMMEND REVIEW AND FILE. 6. Notice of Channel Counties' Division of League of California Cities' Workshop/Dinner/Business Meeting to be Held in Mqrro Bay on Friday, January 21, 1983. RECOMMEND REVIEW AND NOTIFICATION TO ADMINISTRATIVE STAFF RE. ATTENDANCE. , I I ------ ,._--~ ----~--_...._-- .. ~ C) 272 CITY COUNCIL JANUARY II, 1983 ARROYO GRANDE, CALIFORNIA PAGE TWO REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS FOR COUNCIL APPROVAL OF TRACT 1050, FARROLL HEIGHTS, LOCATED WEST OF GRANDMOTHERS PARK, BILL LACKEY, ETAL Public Works Director Karp stated that the subject tract is on the southerly side of Farroll Road between the westerly city limits and the Grandmothers mobile home park. The area is zoned planned development and is being subdivided according to approved plan into 83 residential lots. The development plan calls for duplex type construction similar to that com- .~ pleted on Golden West Place on the north side of Farroll Road. Mr. Karp I stated that various improvements have been constructed as a requirement and those that have not yet been completed have been bonded. He recommended approval of Tract 1050 subject to the following findings and conditions: I 1. Find that the development is consistent with the City zoning. 2. Find that the development is consistent with the approved development plan previously approved by the Planning Commission with the Tentative Map, and found by that body to be consistent with:the General Plan. 3. Authoriie the Mayor to execute the required subdivision agreement. 4. Find that the required improvements are necessary prerequisites to the orderly development of the community. 5. Accept on behalf of the public, subject to the improvements the offers of dedication shown on the map for streets, street tree easement, and drainage purposes. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to approve Tract 1050 subject to the findings and conditions as stated by Mr. Karp. REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS FOR APPROVAL BY COUNCIL OF PARCEL MAP FOR LOT SPLIT CASE NO. 181-354, LOCATION ON SOUTH TRAFFIC WAY EXTENSION; REYNOLDS RITCHIE Public Works Director Karp stated that the subject lot split lies on .south Traffic Way extension at approximately the terminus of the City maintained street in that area. The lot split creates two parcels, one of which has already been built on. The area is zoned R-I and classed low density residential in the Land Use Element of the General Plan. The parcels resulting from the split are 8,646 square feet and 20,462 square feet. The street improvements have been bonded for and amount to construc- tion of driveway aprons for each parcel at their frontage on Traffic Way. Mr. Karp recommended approval of Parcel Map AG 81-109 subject to the following findings and conditions: l 1. Find that the required improvements are necessary prerequisites to the orderly development of the community. 2. Authorize the Mayor to execute the improvement agreement. 3. Find that the map is consistent with the City zoning and conditionally approved tentative map, found consistent by the Planning Commission with the General Plan. On motion of Council Member Hogan, seconded by Council Member Vandeveer, it was unanimously voted to approve Parcel Map AG 81-109 subject to the findings and conditions stated by Mr. Karp. L__.._ -~_..._.- ----- - C) 273 CITY COUNCIL JANUARY 11, 1983 ARROYO GRANDE, CALIFORNIA PAGE THREE REPORT/RECOMMENDATION BY FINANCE DIRECTOR FOR COUNCIL APPROVAL TO ESTABLISH MONEY MARKET ACCOUNTS FOR FUND INVESTMENTS Acting Administrator Clark stated that Finance Director Bacon is requesting authorization to establish money market accounts which will be available to cities as of December 14, 1982. They are insured by the FDIC and offer instant liquidity of City monies. Interest rates are variable, .based on the money market, as compared to fixed rates for fixed terms under traditional time certificates. Council Member Millis questioned the amount that may be invested. Finance Director Bacon stated that up to $100,000 may be invested, but there is no limit to. the number of accounts that may be I opened. After discussion and on motion of Council Member Gallagher, seconded by Council Member Vandeveer, it was unanimously voted to authorize the Finance , Director to establish money market accounts for fund investments when deemed , advisable. \'---- RECOMMENDATION BY MAYOR B'ANN SMITH OF NOMINATION OF PERSON FOR APPOINTMENT TO PARKS AND RECREATION COMMISSION Mayor Smith stated that she has no nomination at this time and continued this item to the next meeting. CONTINUING DISCUSSION RE: EUCALYPTUS TREES ALONG THE PIKE Acting Administrator Clark reported that this matter has been on the agenda in the past and the Parks and Recreation Director. was directed to contact tree companies in regard to bids for trimming of the trees. Bids were received in the amounts of $2500, $3950, and $6000. He added that Mr. Fbrgosteinhas notified the City in writing that he is aware of the liability and responsibility concerning the safety of the trees. The City Attorney has advised to allow the individual property owners take the matter up with Mr. Fbrgostein. Also, the City's insurance carrier has stated liability lies with the property owner. Mr. Forgosteinhas stated he would rather deal with the residents. Parks and Recreation Director Keisler urged Council to reconsider as the City would become a third party. . Council Member Millis questioned if the County has been contacted since the trees are in the County's jurisdiction. Neville Romaine, 1120 The Pike, stated that he has sent a copy of the petition signed by the residents to the County. He requested Council's assistance in solving this problem. Council Member Gallagher stated that the residents should seek a solution from the County. Council Member Vandeveer stated that it would be an incorrect precedent for the City to trim the trees and that he would like to see the trees removed and another kind of windbreak installed; After discussion, it was the consensus of Council that a letter be written to the County stating the concern for the situation and requesting assistance in solving the problem. REPORT BY PUBLIC WORKS DIRECTOR AND HEARING ON SPREADING OF ASSESSMENTS, RE: COST OF INSTALLATION OF IMPROVEMENTS, I.E., CURBS, GUTTERS; SIDEWALKS,' DRIVEWAY APRONS AND DRIVEWAY CONFORMANCES, WITHIN CERTAIN AReAS OF' CITY, ADOPT RESOLUTION I Public Works Director Karp stated that the purpose of this hearing I I is to hear objections or protests against the costs proposed to be assessed I against six property owners within the referenced district. In the event the L City Council decides to confirm this report and levy the assessments as pro- posed, the resolution should be adopted. Mr. Karp presented a summary of costs I for installation of curb, gutter, sidewalk, driveway apron, and conforming pavement for the district. Only six of the property owners elected to have the City install the improvements on their behalf. Mr. Karp stated he has posted the property with the required notice of cost as outlined in the 1911 Improve- ment Act. The property owners as stipulated by law must pay the amount due . I within five days after adoption of the resolution. The property owners have an I alternative in hardship cases to enter into an agreement with the City Finance Director within five days for extended payment. In the event that neither act I is taken by the property owners, the Superintendent of Streets will record a i notice of lien against the property owners. The City incurred a cost of $10,948.15 I 1 which was associated with the project. Only $9,020.11 has been assessed against i the property owners as required by law. Mayor Smith opened the hearing for com- I ments. CHARLES PAULSEN, 1147 Fair Oaks, questioned the amount of time allowed in I I making the payment and the construction of the driveway apron. There being no , I further comments, the hearing was closed. Public Works Director Karp read the I title of the resolution. On motion of Council Member Vandeveer seconded by Council Member Gallagher, it was unanimous 1 y voted to dispense with further reading of the resoJut;on. . -- .~ 274 CITY COUNCIL JANUARY 11, 1983 ARROYO GRANDE, CALIFORNIA PAGE FOUR RESOLUTION NO. 1683 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS AND LEVYING ASSESSMENT FOR THE INSTALLATION OF CONCRETE CURBS, GUTTERS, SIDEWALKS, DRIVEWAY APRONS, AND DRIVEWAY CONFORMANCE On motion of Council Member Vandeveer, seconded by Council Member Gallagher, and on the following rollcall vote, to wit: " AYES: Council Members Vandeveer,' Gallagher, Millis, Hogan, Mayor I , Smith , : NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 11th day of January, 1983. PRESENTATION BY PAUL HOOD, DEPUTY EXECUTIVE OFFICER OF LAFCO RE: SPHERES OF INFLUENCE Mayor Smith introduced Paul Hood, Deputy Executive Officer of LAFCO. She stated that she requested he speak regarding Spheres of Influence as mandated by LAFCO. Mr. Hood stated that Spheres of Influence is the plan for probable ultimate physical boundaries and service areas of a city or a district. It is an area which includes unincorporated areas which surround cities or districts and would indicate an area which at some future date should be included within the city limits by annexation proceedings. Also, at some future time would' receive city water, sewer, police and fire protection and all services which cities provide. . A LAFCO mandate is to discourage urban sprawl and encourage the orderly formation and development of local govern- .mental agencies. LAFCO looks at all city services, as an outside agency, to look at sewage treatment capacity, available water, and finances of the city. A public hearing is held with input from the city staff, city council, planning commission, and city residents. Mr. Hood presented the code sections which apply relative to spheres of influence. He answered questions of Council Members. CONTINUING DISCUSSION RE: WOODLAND DRIVE PARK AREA Acting Administrator Clark stated that this item was considered previously by Council and it was requested that the City Attorney prepare an agreement for the property owners use of the property with regard to landscaping, etc. All property owners were sent a copy of the proposed agree- ment. Parks and Recreation Director Keisler stated that the property owners are concerned about the period of time.covered by the agreement. They are wishing a guaranteed amount of time. Mr. Keisler recommended a meeting with Staff and the property owners and return to Council. Council Member Millis questioned the results of this agreement to the long range goal of providing a green belt throughout the City. After discussion, it was moved by Council ..-... Member Vandeveer, seconded by Council Member Gallagher, it was unanimously I voted to table this matter to allow a meeting of the property owners and staff. CONTINUED DISCUSSION OF PROPOSED WATER RATE INCREASE \ Acting Administrator Clark reported that this item was on a previous agenda and Council is being asked to reconsider it because of budget restraints. Water is being subsidized by $43,000. Staff was requested to look at the manpower that was being charged against the water service. This was done and manpower has been reduced from 6.33 to 4.19. Total positions were reduced by 2.14. Staff was also asked to review the water rates and come up with a figure of the average user in the City. ..--- ".._~- - '~ 275 CITY COUNCIL JANUARY 11, 19~ ARROYO GRANDE, CALIFORNIA PAGE FIVE Finance Director Bacon stated that costs were divided between the minimum consumption charge per month now and what the typical average excess consumption is now and matched it against the probable charge of the proposed rates. The current average household would pay $2.40 per month minimum. The . average user is using in excess above that and is paying $2.80 for a total of $5.20 per month. The proposed rates will go to $3.60 for minimum consumption. Excess consumption will be $4.20 for a total of $7.80. The bill would increase by $2.60 per month. Council Member Gallagher commented that the City Administrator should be eliminated from the water administration time and his time should come l from the general fund; Council Member Hogan spoke in opposition to raising the rates. Council Member Millis questioned the status of the general fund at year's end. Finance Director Bacon stated that it will break even or be in a deficit situation if the state withholds subvention money. Mayor Smith stated that this is a business and should pay for itself. Council Member Vandeveer spoke in favor of raising the rates and commented that the rates have not been raised since 1964. Council Member Gallagher stated that the rates must be raised to accommodate the expenditures of monies for the well. Council Member Hogan re- quested that this matter be continued to the next meeting. After discussion, it was the consensus of Council that this matter be continued to January 25, 1983. PROGRESS REPORTS \ --Update of General Plan of City of Arroyo Grande --Block House Located Within Village Area --Restroom Facility j,... --School Facilities Fee Ordinance (Scheduled for 1-25-83) --Spheres of Influence --Update/Status Report Re. Wells/Pearwood Matter Council Member Gallagher commented regarding the General Plan Update. Planning Director Hays stated that because of current projects in the Planning Department, he has not been able to accomplish as much work on the update as previously anticipated, however, it remains a first priority. Mayor Smith. indicated she has attempted to contact the owner of the block house but has been unsuccessful. Acting Administrator Clark stated that the plans for the proposed restrooms .are being drawn and the Downtown Merchants Association will contact him when they wish a joint. meeting. Attorney Shipsey reported that the drainage ditch at Pearwood Avenue has been completed. Public Works Director Karp stated that the residents were very cooperative during the construction of the ditch. It was the consensus of Council that Mr. Karp write the residents a letter thanking them for their cooperation. COUNCIL DISCUSSION OF NON-COMMERCIAL GUEST HOUSES IN R-A, RESIDENTIAL AGRICULTURAL DISTRICTS Acting Administrator Clark stated that concern has been expressed regarding a provision in the Zoning Ordinance which allows one non-commercial guest house in an R-A District. Mayor Smith stated that she brought this matter to the attention of staff as she had a person on James Way contact her regarding two full size houses being built in that area. She stated she is concerned that I there is a misuse of the zoning requirements and perhaps the ordinance should be changed. Planning Director Hays reported that there is new legislation to allow I small rental units in addition to single family lots. After discussion, it was. consensus of Council to refer this matter to the Planning Director for study. .--. -- - ) 276 --' CITY COUNCIL JANUARY 11, 1983 ARROYO GRANDE, CALIFORNIA PAGE SIX CERTIFICATION OF FINAL EIR FOR SHANNON RANCH PREZONING Acting Administrator Clark stated that at their meeting of January 4, 1983, the Planning Commission held a public hearing to receive input regarding the adequacy of the EIR. The Commission voted 6-1 to recommend to Council that they adopt the FinalEIR as. complete. Planning Director Hays stated that the EIR ha$.been prepared focusing on those items which the Planning Commission and City Council determined to be items of. specific concern relative to the prezoning application. If Council certifies this EIR as complete, the next action would be to schedule a hearing pre- - zoning before the Commission for recoimnendation back to Council. After i prezoning, application is made to LAFCO for annexation. Mayor Smith asked , questions regarding a freeway overpass and the procedure of public hearings. i Council Member Gallagher expressed concern regarding drainage. Mr. Robert . I Garing, Garing, Taylor and Assoc., spoke regarding the EIR. MARIE CATTOIR, 195 Orchid Lane, spoke concerning traffic on Highway 227. ELLA HONEYCIJIT, . 560 Oakhill Road, stated the EIR is inadequate. CHRISTINE PHILLIPS, . 216 Pearwood, asked Council to consider placing the decision of annexation on the ballot. Jim McGillis, representing the applicant, stated that con- ditions may be placed on the development at the. time of rezoning. On motion of Council Member Gallagher, seconded by Council Member Millis, it was passed to continue this matter to the next meeting for further information and so that concerns may be discussed. CoUncil Members Vandeveer and Hogan dissented. Council Member Millis requested that this matter be placed on the agenda of January 25, 1983 at an early time. Council Member Gallagher left the meeting at 10:55 P.M. REQUEST BY CITY OF GROVER CITY FOR ARROYO GRANDE'S SUPPORT IN REQUESTING STATE LEGISLATORS TO PROVIDE A SAFB.FUNDING SOURCE FOR CITIES Acting Administrator Clark reported that a letter was received from Mayor Juanita Qualls, City of Grover City, requesting that the City of Arroyo Grande join with them in demanding the State Legislators provide a safe funding source for cities, counties and school districts to enable . the necessary governmental operations to be conducted at the local and more . efficient level. On motion of Council Member Hogan, seconded by Council Member Vandeveer, it was unanimously voted to send such a letter. Council Member Gallagher was absent. COUNCIL'S RE UEST FOR DIFFBRENTIATION. BETWEEN CITY MANAGER AND CITY ADMINISTRATOR Acting Administrator Clar re erre to the su m tt 1n ornaat1on from the League of California Cities regarding the two positions. No action was taken by Council. CLOSED SESSION Council adjourned to Closed Session at 11:10 P.M. and returned at 11:30 P.M. ADJOURNMENT l On motion of Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to adjourn at 11:30 P.M. 1:;;'Il-uAtJ ~ MAYOR Am~'~~ -,,----.._---------- . D I CL K