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Minutes 1983-01-25 ~ 277 .:) CITY COUNCIL JANUARY 25, 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 Millis led the Pledge of Allegiance to our Flag. Reverend Jim Wickstrom, Grace Bible Church, Arroyo Grande, California, delivered the invocation. I I APPROVAL OF MINUTES , On motion of Council Member Vandeveer, seconded by CoUncil Member ! Gallagher, it was unanimously voted to approve the minutes of January 11, 1983 '- as presented. APPROVAL OF WARRANTS On motion of Council Member Vandeveer, seconded by Council Member Gallagher, Demand Warrants #19085 through #19203 in the amount of $.351,091..22 and Payroll Warrants #24194 through #24278 in the amount of $420,094.69 were approved and ordered paid. ORAL COMMUNICATIONS - None. APPROVAL OF CONSENT AGENDA ITEMS On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to approve the Consent Agenda Items with the recommended courses of action. 1. Request for Mayor to Proclaim the Week of March 8, 1983, as "NATIONAL WOMEN'S HISTORY WEEK." RECOMMEND MAYOR SO PROCLAIM. 2. Receipt of Arroyo Grande Fire Department Annual Report for 1982. RECOMMEND REvIE\oI AND FILE. 3. Receipt. of SCAT's Ridership Report for Months of November and December, 1982. RECOMMEND REvIEW AND FILE. 4. Receipt of Recommendation by Carl Warren & CoJ, City's Insurance Representative, for Council to Reject Claim by Valverde, Incident of 10/2/82, .on Tally Ho Road. RECOMMEND COUNCIL SO REJECT SUBJECT CLAIM. , 5. Receipt of Agenda for Zone Three Advisory Committee Meeting of January 20, 1983, and Accompanying Support Material. RECOMMEND REvIEW; APPLICABLE ACTION, IF ANY: AND FILE. 6. Receipt of Chief Plant Operator's Monthly Report for. December, 1982, Re. South San Luis Obispo County Sanitation District's Maintenance and I Operation of Treatment Plant; Plus Letter from San Luis Obispo County Re. Lease of Airport Land for Information Purposes Only. RECQo/MEND REvIEW AND FILE. I I 7. Receipt of League of California Cities' Legislative Bulletin No. 5-1983, "- Plus Others. RECOMMEND REvIEW; APPLICABLE ACTION, IF ANY: AND FILE. 8. Receipt of Report by Parks and Recreation Director, Re. Parks and Re~reation Commission's Meeting of January 12, 1983. RECOMMEND REvIEW AND FILE. 9. PresentationjDistribution of Finalized 1982-83 Municipal Budget for City of Arroyo Grande. RECOMMENID COUNCIL RECEIVE AND FILE. I , , I _.---- -------~.- ----..-" ---- ----~---- ----- - ,.-. :) 278 CITY COUNCIL JANUARY 25, 1983 ARROYO GRANDE, CALXFORNIA PAGE TWO 10./ Receipt of 1981-82 Annual Report by California State Board of Equalization. RECOMMEND REVIEW AND FILE. 11. Receipt of Planning Commission Answered Agenda and/or Minutes for Meeting of January 18, 1983. RECOMMEND REVIEW AND FILE. DELETED AGENDA ITEMS - C-2, C-3. REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS RE: ACCEPTANCE OF PEARWOOD \ DRAINAGE DITCH (PROJECT NO. 90-82-3) Public Works Director Karp stated that the project has been satisfactorily completed. The City's contractor Alex Madonna performed the work in an expeditious and professional manner and with the utmost sensitivity to the adjoining property owners. He added that he has sent a letter to the property owners thanking them for their cooperation. He recommended that Council accept on behalf of the public the project; authorize a progress payment in the amount of $4,077.90 (90 percent of the contract) immediately; authorize the City Clerk to file the notice of completion with the County Recorder; and authorize staff to release the ten percent retention as required by the contract 35 days after recordation of the notice of completion. On motion of Council Member Millis, seconded by Council Member Gallagher, it was passed to accept the project with the recommendations as stated by Mr. Karp. All voted in favor with Council Member Hogan abstaining; I REPORT/RECOMMENDATION BY PUBLIC WORKS DIRECTOR REJ:::ACCEPTANCE OF IMPROVEMENTS ON~CT 1025; VILLA CALLE, (MDMPROPERTIES) , MERILEE PECK, SPRUCE AND ASH STREET!!~ Public Works Director Karp stated that the improvements constructed were a condition of approval of Tract 1025, which is a condominium located at 290 Spruce Street. He stated they have been satisfactorily compl~ted and he recommended Council accept for maintenance the public improvements constructed with Tract 1025 and authorize the release of subdivision guarantees. On motion of Council Member Hogan, seconded by Council Member Vandeveer, it was 1 unanimously voted to accept the improvements on Tract 1025 and authorize 1 the release of subdivision guarantees. I , i REPORT BY PLANNING DIRECTOR RE: PLANNING COMMISSION'S DENIAL OF REZONING I CASE NO. 82-165; ZONE CHANGE FROM MB3, RESIDENTIAL AGRICULTURAL DISTRICT i TO P-D PLANNED DEVELOPMENT DISTRICT, MAY AND PASEO STREETS , JEI'FREY ClARRITHERS i Acting Administrator Clark stated that this item was placed , I on the agenda for Council's information only. , REPORT/REOOMMENDATION BY PLANNING DIRECTOR RE';, PLANNING COMMISSION'S ACTION i ON SPHERE OF INELUENCE LINE Acting Administrator Clark reported that the Planning Commission i has recommended that the City's sphere of influence line be the same as the \ city limit line. Planning Director Hays referred to the minutes of the i I Commission's action. He added that Council should make a recommendation to , LAFCO. Council Member Gallagher requested that a study session be held "I I in reguards to what takes place within the sphere. of influence line. I i Atto~ney Shipsey pointed out that it is LAFCO's policy not to annex any area i outside of a city's sphere of influence line. Council Member Vandeveer i i I i stated he dmes not agree with the Planning Commission's recommendation and he would like a study session also. Council Member Millis stated that Council is on record in the past as stating that the sphere of influence line is the city limit line, but this policy can be changed. Council Member Hogan stated that the shpere of ~nfluence line shfuuld be slightly outside the city limit line so that the City has some control. Mayor Smith stated that LAFCO should be notified of the Planning Commission's decision for input pUJJposes. She requested that Planning Director Hays forward such a letter and indicate that the Council will ho~d a study session on the matter. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to hold a study session on the City's sphere of influence on January 31, 1983 at 7:30 P.M. and to so inform LAFCO. , , i ,-.. ~ 279 CITY COUNCIL JANUARY 25, 1983 ARROYO GRANDE, CALIFORNIA PAGE THREE CONTINUED DISCUSSION RE: CERTIFICATION OF FINAL EIR FOR SHANNON RANCH PREZONING Mayor Smith moved to certify the focus EIR complete as a document to be used to consider a'prez6ning application made by the developer. The motion Was seconded by Council Member Hogan. Council Member Gallagher stated that the report is not conclusive and leaves unanswered questions, such as drainage. Council Member Vandeveer stated that Council did request a focused EIR and he would favor the certification. Council Member Millis agreed that the EIR speaks to the specific items previously requested by I Council on April 27, 1982. He questioned the next step of the procedure. Planning Director Hays stated that because the applicant has already applied for a prezoliing ,':the next step would be a public hearing before the Planning I Conunission. Mayor Smith stated that she would like to see a polmcy statement '-.-. that the City not be responsible for any improvements for this EIR or any other. A roll call vote was taken: AYES: Council Members Vandeveer, Gallagher, Millis, Hogan, Mayor Smith. NOES: None ABSENT: None CONTINUED CONSIDERATION OF PROPOSED WATER RATE INCREASE Acting Administrator Clark stated that this matter was continued to this meeting to allow the Public Works Director to check on the status of the bonds and the request that the City Administrator's ten percent salary be removed from water service. Public Works Director Karp reported that there was concern tiy,Council if the bonds would sell. He stated that the bonds have been put out for sale for the Safe Drinking Water Act or other seate venture since last November. He added it is unlikely any bonds will be sold by the state within the next two months, but he sees no concern that the bonds will not sell. Council Member Millis questioned the allocations to different accounts by staff. Council Member Gallagher suggested that water users be billed for the three highest months of the year. Finance Director Bacon explained the difficulties in this procedure due to persons changing residences, etc. Council Member Vandeveer agreed that too many persons are allocated to the water account and it should be updated. Council Member Millis stated that the water fund should not carry the city and he requested a breakdown of employees. He further moved to table this matter for six months. There was no second.to the mb~ion. Mayor Smith. moved to approve the water rate increase as recommended by the Finance Director to be effective July 1, 1983. and was seconded by Council Member Gallagher. A roll call vote was taken: AYES: Mayb,,'Smith NOES: Council Members Vandeveer, Gallagher, Millis, and Hogan ABSENT: None Council Member Hogan moved to hold a public hearing on this matter. No second was made to the motion. There was discussion as to whether a public hearing on this matter should be held. Acting Administrator Clark indicated that a public hearing was held on December 14, 1982. After further discussion, it was the consensus of Council to take no action and remove this item from the '-- agenda. CONTINUATION OF REVIEW OF DIFFERENTIATION BETWEEN CITY MANAGER AND CITY ADMINISTRATOR Acting Administrator Clark reported that Council had requested information as to the difference between the designation 'City Administrator' and 'City Manager'. He referred to the submitted copies of sample ordinances from other cities. On motion of Council Member Hogan, seconded by Council , Member Millis, it was unanimously voted to change the designation to 'City Manager' and request the City Attorney to return with the amendments to the ordinance. 280 .~ ') CITY COUNCIL JANUARY 25, 1983 ARROYO GRANDE, CALIFORNIA PAGE FOUR PROGRESS REPORTS --Update of General Plan of City of ArrQYo Grande. --Block House Located Within Village Area. --Restroom Facility - Village Area. --Spheres of Influence. .--Update/Status Report, Re..WellsjPearwood Matter. ~ --Eucalyptus Trees Along The Pike. --Appointment to Parks and RecreationnCommission by Mayor Smith. --NoncCommercial Guest Houses in R-A Zoning District (Being Held ----, in Abeyance for Review by Planning Commission). Planning Director Hays reported that the draft of the Housing Element is almost complete and will be considered by the Planning Commission in the near future. Acting Administrator Clark reported that the plans are being drawn fo~ the restroom facility. He added that a letter was sent to Supervisor Brackett regarding the eucaiyptusucrees along ~he Pike and she is investigating the matter. Neville Romaine, 1120 The Pike, spoke concerning the trees and stated it is an urgent situation. Mayor Smith indicated she has no appointment to the Parks and Recreation Commission at this time. Acting Administrator Clark stated that the guest houses in the R-A District will be considered by the Planning Commission. REVIEW AND. CONSIDERATION BY COUNCIL TO PURCHASE TAPE RECORDER FOR RECORDINGS DEJ.:COUNCIL MEETINGS Acting Administrator Clark stated that staff has had problems in the past'with the quality of the tapes of Council meetings and Planning Commission meetings and have had attorneys and citizens intto review the tapes and they are difficult to understand. He added that the old recorders have been repaired and work only for a' short time. He requested thatcCouncil consider purchase of the Dictaphone machine in the amount of $545.90. Council Member Gallagher stated he would support purchase of the Dictaphone as he has heard the tapes of the last meeting and they are quality recordings. Council Member Millis added that the Dictaphone is also capable of transcribing. Council Member Gallagher moved to authorize purchase of the Dictaphone machine in the amount of $545.90 and was seconded by Council Member Vandeveer. All voted in favor. REQUEST BY SONIC CABLE TV FOR INCREASE IN CABLE SUBSCRIBER RATES Acting Administrator Clark reported that Sonic Cable ~ is requesting an increase in cable subscriber rates and he referred to the report provided by Sonic. Mr. Bill Hargen, Sonic Cable TV, 755 Santa Rosa Street, San Luis Obispo, stated that the report was submitted in December and is an aNalysis of Sonic's last year's revenue and expenses. They are proposing an increase of 6~ percent. Council Member Vandeveer questioned the present situation of Home Box Office and the current franchise. Council Member Gallagher questioned the rates in other.cities. Reuben Kvidt and Marie Cattoir spoke to the increase. Bill Penney, 679 Corral Place, requested that any increase be denied until the residents of Corral Place, Gularte Road, and l Corbett Canyon Road area are provided with the service. It was the consensus of Council to hold a p~lic hearing on this matter at the next meeting of February 8, 1983. -- 281 CITY COUNCIL JANUARY 25, 1983 ARROYO GRANDE, ,CALIFORNIA PAGE FIVE WRITTEN COMMUNICATIONS Acting Administrator Clark stated that a letter was received from Mr. Jay Connor of Pacific Gas and Electric Company requesting consideration of a resolution opposing the Northern California Power Agency, Sacramento, Municipal Utility District, and Southern California Ci ties Consortium take~Jovet:t:;'of the operating licenses for the Rock Creek, Cresta, Mokelumne Riv~r, Phoenix and Haas-Kings River projects. It was the consensus of Council to continue this matter to the next meeting for further l review. Acting Administrator Clark reported that a letter was received for the San Luis Obispo County and Cities Area Planning and Coordinating Council requesting a special meeting to discuss a notice of request for comments on the Environmental Impact Statement for Lease Sale 173. The meeting will be January 27, 1983 at 2:30 P.M., Veterans Building, San Luis Obispo. ORAL COMMUNICATIONS - None. CLOSED SESSION Council adjourned to Closed Session at 9:35 P.M. and returned at 10:37 P.M. Mayor Smith announced that Mr. Robert Mack is appointed as the new City Manager of the City of Arroyo Grande. Mr. Mack will begin employment on Monday, February 7, 1983. ADJOURNMENT On motion of Council Member Millis, seconded by Council Member Hogan, it was unanimously voted to adjourn at 10:39 P.M. to an adjourned meeting on January 31, 1983 at 7:30 P.M. for the purpose of a study session regarding spheres of influence. ~,~~ MAYOR i I ATTEST: , I i "-"