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Minutes 1983-04-26 .- ,~ 312 . CITY COUNCIL APRIL 26, 1983 ARROYO GRANDE, CALIFORNIA The Ci~y Council met in regular session with Mayor Smith presiding. On roll call, .Council Members Lawrence E. Vandeveer, Matt Gallagher, and Karl A. Hogan reported present. Council Member Mark M. Millis was absent. PLEDGE OF ALLEGIANCE Volunteers of the Arroyo Grande Fire Department led the Pledge of Allegiance to our Flag. Finefighter Z~mmerman delivered the invocation. APPROVAL OF MINUTES 'l On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to approve the minutes of April 12, 1983 as presented. Council Member Millis was absent. , , I APPROVAL OF WARRANTS On motion of Council Member Vandeveer, seconded by Council Member Gallagher, Demand Warrants H19749 through H19852 in the amount of $71,704.34 and Payroll Warrants H24792 through H24874 in the amount of $57,605.51 were approved and ordered paid. ORAL COMMUNICATIONS - None. SPECIAL RECOGNITION: THE VOLUNTEER Mayor Smith introduced the members of the Arroyo Grande Fire , Department. She stated that Council recognizes the time and devotion ahe members give to protect our families and property. Fire Chief Marsalek introduced each of themmembers individually and gave a brief background of their education andl.length of time with the department. Mayor Smith presented a placque of the proclamation declaring April 26, 1983 as 'Volunteer Fire Fighter Day' and calling upon the citizens to honor the members and show their sincere appreciation. Fire Chief Marsalek presented Mayor Smith with a helmut autbgraphed by each member of the rire Department. Council Member Vandeveer stated that, because of our Fire Department, residents of Arroyo Grande pay lower insurance rates bhanuobher areas. Council Member Hogan added that the members are always ready to help in any emergency. Council Member Gallagher stated that he appreciates the hard work and technical knowiliedge involved in being a firefighter. APPROVAL OF CONSENT AGENDA ITEMS Council Member Hogan requested that item Hc be withdrawn from the Consent Agenda. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to approve the Consent Agenda Items with the exception of item HC. Council Member Millis was absent. C. Receipt of Correspondence from Pismo Beach, Re. Comments on Environmental Impact Statement (EIS) for Proposed OCS Lease Sale No. 73. RECOMMEND REVIEW AND FILE. Council Member Hogan stated that it is inappropriabe for elected officials to take a position on this matter. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was passed to receive l and file the correspondence. Council Member Hogan dissented. A. Request by Lucia Mar Unified School District for Mayor to Proclaim Public Schools Week in Arroyo Grande Apnml 25 ~ 29, 1983. RECOMMEND MAYOR SO PRCCJ.AIM. B. Appointment of City Manager as Alternate City Represen~ative to SCAT Board of Directors. RECOMMEND COUNCIL SO APPOINT. D. Request by City of San Luis Obispo for Council's Support in Opposition to Senate Bill 259 - Specific to Regulation of Condominium Conversions. RECOMMEND MOTION OPPOSING SB 259. I I ---- ----- ------- ,~ f) 31.3 CITY COUNCIL APRIL 26, 1983 ARROYO GRANDE, CALIFORNIA PAGE TWO E. Receipt of Minutes of Parks and Recreation Commission's Meeting of . April 13, 1983. RECOMMEND REVIEW AND FILE. F. Receipt of Answered Agenda for Planning Commission Meeting of April 19, 1983. RECOMMEND REVIEW AND FILE. G. Receipt of Legislative Bulletins Nos. 15, 16, and 17, from League of California Cities, plus others. RECOMMEND REVIEW; APPLICABLE ACTION, . IF ANY; AND FILE. i H. Receipt of Zone Three Advisory Committee's Agenda, with Accompanying i Data, for Meeting of April 21, 1983. RECOMMEND REVIEW AND FILE. , ! '~. 1. Notification of Public Hearing, Re. Proposed Cable TV Rate Increase as Requested, to be Held May 10, 1983, at 8:00 P.M. FOR NOTIFICATION" PURPOSES ONLY. J. Receipt of South San Luis Obispo County Sanitation District's Minutes for Meeting of April 6, 1983. RECOMMEND COUNCIL REVIEW AND FILE. K. Receipt of Correspondence from County of San Luis Obispo, Re. 3-Way Exchange ~~ Property Between State, County and City of Arroyo Grande. RECOMMEND COUNCIL REVIEW AND FILE. L. Request by Walter Hollywood for City Water Service at 770 Valley Road, Outside City. RECOMMEND COUNCIL DENIAL OF REQUEST FOR SERVICE. M. Acceptance of Street Improvements, Parcel Map No. AG 79~113, Lot Split Case No. 79-305, Bob Shigenaka. RECOMMEND COUNCIL ACCEPTANCE WITH CONDITIONS ITEMIZED. N. Execution of Quitclaim Deed of Public Utility Easement at 1221 Brighton. RECOMMEND COUNCIL EXECUTION. O. Announcement of 1983 Cleanup Week in Arroyo Grande, May 2-6; 1983. RECOMMEND COUNCIL APPROVAL OF DATES. P. Acceptance of Grant of Easement .from Carl's Jr. to Modify Oak Park Lift Station Access. RECOMMEND COUNCIL ACCEPTANCE WITH CONDITIONS ITEMIZED. Q. Staff Request for Equipment Exchange, i.e., Radar Speed Gun. . RECOMMEND COUNCIL AUTHORIZATION TO PUReHASE. R. Answered Agenda, April 21, 1983, Parking and Business Improvement Area Advisory Board. RECOMMEND COUNCIL REVIEW AND FILE. STATUS REPORT ON EUCALYPTUS TREES ON THE PIKE City Manager Mack reported that a letter was received from , Mr. Dennis D. Law, attorney representing Mr. Harold Forgostein of the , , Temple of the People of Halcyon. .Mr. Law listed specifications and requirements by the Temple of the People in the trimming and removing \- of certain trees. Council Member V.andeveer questioned if work could proceed before such an agreement is executed. Attorney shipsey stated that the advertisement requesting contractors for the removal of the leaning trees may be placed in the newspapers. Neville Romaine, representing the property owners on The Pike, stated he is concerned. about the wording that the property owners hold harm1ess the tree owners. city Manager Mack . stated that he anticipates a two week time period is needed for response to the advertisement. ., ~ -' --.-......---.-------..- -----..--- .- 314 ..-. 0 CITY COUNCiI:L APRIL 26, 1983 ARROYO GRANDE, CALIFORNIA PAGE THREE REPORT RE: MOSQUITO ABATEMENT DISTRICT Public Works Director Karp requested that this item be continued ashe has not obtained the needed information from the County Health Department. Council concurred to continue the item. ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR TRACT 950 , MARLO WEST , ROGER SNELLENBERGER Public Works Director Karp stated that as a condition to construction of the referenced condominium the developer was required to construct a pUblic I sewer line through the development. Upon completion of that constvaction, it was determined that the p~pe line will not meet City standards for i maintenance. The developer had two alternatives open to him to correct , ! the situation. The two alternatives would be: to relay the pipe line I which would significantly upset construction already in place for all of the other public utilities within the development; or to take over mainbenance of the sewer line. Because the development requires a Home Ownees Association to maintain the common area including utilit.ies, there is an an entity which can take over appropriate maintenance. Although Staff does not feel that maintenance of the main will cause undue hardship on the Home Owners Association, it would not be good practice to set precedents such as acceptanoe of substandard construction. Mr. Karp recommended acceptance of the pUblic improvements for Tract 950, Marlo West, with the following conditions: 1) That the City Council be requested to accept on behalf of the public, the public improvements constructedllwith .the first phase of TIUlct 950, Marlo West. 2) Authorize release of the instrument of credit subject to provision to the City by the developer the appropriate guarantee bond and new instrument of credit to guarantee appropriate improvements which will be constructed with the next phase of the project. 3) Reject the offer to dedicate for public sewer, as well as deny City ma~ntenance of the sewer lines constructed with Tract 950, Marlo West. 4) Release the developer from any financmal liabilities for additional connection fees normally assessed against applicants for connection of multifamily developments through a single lateral to the public sewer. Mayor Smith questioned how an error of this type occurs. Public Works Director Karp stated that there was an error in the specifications, a mistake on the part of the contractor in not field locating the existing pipe line prior to laying the new line, and as-built conditions in the existing line in Farroll Road which did not correspond with as-built drawings on record wi th the City. Mr. Ryder Ray, representing the developer, stated that the contractor has agreed to do any cleanup, constructiDn and repair to the sewer line which may be required in. the next five years. On motion of I Council Member Vandeveer, seconded by Council Member Hogan, it was passed to accept T~act 950, Marlo West, subject to the conditions as stated by Mr. Karp. Council Member Gallagher dissented and Council Member Millis was absent. REQUEST TO AWARD CONTRACT FOR PAINTING OF STEEL TANK RESERVOIR NO. 2 AND PAINTING BRIDGE STREET STEEL BRIDGE, PLUS REPLACING EXIS'1'ING WOODEN SIDEWALK DECK OF BRIDGE Public Works Director Karp stated that four bids were received Dn April 14,1983, to paint reservoir two, the !Jteel pressure vessel at reservoir two, the steel bridge on Bridge Street, and replace the wooden sidewalk deck on the bridge. The project is budgeted from funds in the water and street department maintenance accounts in the combined amounts of $36,000. He recommended that Council award the contract to Fred spiess Construction in the amount of $34,950. On motion of Council Member Hogan, seconded by Council Member Vandeveer, it was unanimously voted to award the bid for project no. 60-90-83-1 to Fred Speiss Construction in the amount of $34,950. Council Member Millis was absent. ~ J '-- ~ 0 315 CITY COUNCIL APRIL 26, 1983 ARROYO GRANDE, CALIFORNIA PAGE FOUR TRANSIT NEED/SERVICE BETWEEN FIVE CITIES AREA AND SAN..,L'UIS OBISPO City Manager Mack stated that a letter was received from Mr. Victor Kamhi, Regional Transportation Planner for the San Luis Obispo County and Cities Area Planning and coordinating Council, stating that the Area Council is now investigating the reasonab~eness and feasibility of an apparent need for a commuter service Detweenthe Five Cities area and San Luis Obispo and is requesting input from the City. The SCAT Board of Directors has unanimously opposed the introduction of the proposed inter-city service. Mr. Kamhi's letter and the attachements basically envision a potential need for a Five Cities to San Luis Obispo L commuter service for 20 commuters, each making a round.trip daily, or 40 passenger trips. Public subsidy for these 20 riders would be $540 annually per rider. The same 20 commuters would pa.y $390 annually. Mr. Karhi's letter also explores the possibility of integrating the proposed commuter service with SCAT in order to increase the percentage of fare-box recovery rate which is required. There are three more operating months in the fiscal year in which SCAT can meet the 14.9' requirement. Mr. Mack added that Mr. Kamhi would. appreciate input from the City Council, but cautions that no direction should be made by the City Council to the C~ty's representative to the Area Planning and Coordinating Council who must sit at a public hearing at a.'.later date with the San Luis Obispo County arid Cities Area Planning and Coordinating Council on the same proposal. Mayor Smith stated that the question is: is it reasonable to meet this unmet need? It would cost a great deal of money to provide a bus for a few .people, which is unfair. with the present difficulties with SCAT, she stated this is not an unmet need. She added that the Greyho~d bus is a~ailable for those persons who must go to San Luis Obispo. Council Member Hogan stated he does not feel there is an unmet need. Council Member Vandeveer stated that it is unfortunate there is not a transportation service but it is not a reasonable unmet need and monies are short at this time. ADOM' RESOLUTION RATIFYING JOINT POWERS AGREEMENT City Manager Mack explained that the cities in the county have entered into a Joint Powers Agreement creating the San Luis Obispo Area Coun~il of Governments which original agreement provides that the parties will remain ih ,the JAP contingent upon the execution of a JPA agreement and subsequent annual ratification. He noted that the only change in the JPA this year is that the secretary of the council not be required' to file a bond as he 'is already covered under the County's self-insurance program. Attorney Shipsey read the title of the resolution. On motion',of Council Member Gallagher, seconded by Council Member Vandeveer, it waS urianimously voted to dispense with further reading of the resolution. RESOLUTION NO. 1696 ! A RESOLUTION OF THE CITY COUNCIL OF THE CITY I OF ARROYO GRANDE AUTHORIZING RATIFICATION OF , THE JOINT POWERS AGREEMENT OF THE SAN LUIS i. ..- OBISPO COUNTY AND CITIES AREA PLANNING COORDINATING COUNCIL On motion of Council Member Vandeveer, seconded by Council Member Hogan, and on the following roll call vote, to wit: AYES: Council Members Vandeveer, Gallagher, Hogan, Mayor Smith NOES. None ABSENT: Council Member Mil.lis the foregoing Resolution was passed and adopted this 26th day of April, 1983. -.---- --- -~- 316 ~ .~ CITY COUNCIL APRIL 26, 1983 ARROW GRANDE, CALTFORNIA PAGE FIVE , WRITTEN COMMUNICATIONS . City Manager Mack stated that Depuuy City Clerk Cindy Christian has submitted her resignation and will be leaving employment with the City effective May 6, 1983. Mr. Mack referred to the memo from Police. Chief Jim Clark requesting authorization to use the former Council Chambers in City Hall on Saturday, May 7 and May 14, 1983 from 9: 30 a.m; to 2.:00 p.m. to provide a Voluntary Fingerprint Program of Children for the citizens of Arroyo Grande. He explained that the project will be directed by the , Tri4Cities Youth Services Task Force and that the program is designed to I assist in locating and identifying missing children. It was the consensus , , of Council to authorize the use of the former Council Chambers. I i City Manager Mack referred to the League of California Cities Bulletin #18-1983 and noted that SB 778 regarding Compulsory and Binding Arbitration will be considered by the members of the Senate Finance Committee. Mr. Mack also stated he is concerned regardtng the proposed SB 924 relating to County Grand Juries' authority. He explained that the bill will extend the scope of the Grand JUry's review from city fiscal matters to 811Y and all affairs relating to a city's organization, services, administration, personnel policies, etc. He added that cities were formed in order for people to have self-government and deal with their own problems. The Grand Jury is not a body of city residents. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to send a letter to Senator Maddy apposing SB 924. Council Member Millis was absent. Council Member Vandeveer requested that a copy of the letter be sent to Assemblyman Seastrand. City Manager Mack stated that as a legal requirement for purchastng the Block House, a resolution is required authorizing purchase of the property. Attorney Shipsey read the title of the resolution. On motion of Council . Member ~allagher, seconded by Council Member Vandeveer, it was unanimously voted to dispenwe with further reading of the resolution. RESOLUTION NO. J.695 JL\RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING PURCHASE OF REAL PROPEIiTY FROM EULA M. TURNEY On motion of Council Member Vandeveer, seoonded by Council Member Hogan, and on the following roll call vote, to wit: AYES: Council Members Vandeveer, Gallagher, Hogan, Mayor Sm! th NOES. None ABSENT: Council Member Millis the foregoing Resolution was passed and. adopted this 26th day of April, 1983. l ORAL COMMUNICATIONS Mayor Smith recommended that City Manager Hack be appointed to the South County Water Association as a representative of the City. On motion of Council Member Hogan, seconded by Council Member Gallagher, it was unanimously voted to appoint Mr. Mack. Council Member Millis was absent. Council Member Gallagher reported that he attended .the public hearing regarding ~ease Sale No. 73 and the hearings were not conducted in a proper manner as it was difficult to hear. the speakers and the hearings were conducted in several different rooms. Mr. Gallagher added that he received a ietter from Barbara Boxer, Member of Congress, 6th District, requesting comments of the hearings. He stated that a letter should be sent in response expressing distaste with the hearing and the method in which they were held. On motion of Council Member Gallagher, seconded by Mayo~ Smith, the motion failed with the Council Members Vandeveer and Hogan dissenting. Council Member Millis was absent. Council Member Gallagher requested Council endorsement of a bill proposed by Senator Pete Wilson opposing off-shore drilling and calling for a ten year moratorium on the drilling. Mayor Smith requested that Council receive a copy of this bill for the next meeting. ~ \ 3~ CITY COUNCIL APRIL 26, 1983 ARROYO GRANDE, CALIFORNIA PAGE SIX CLOSED SESSION Council adjourned to closed session at 9:30 P.M. and returned at 9:45 P.M. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to adjourn at 9:45 P.M. ~~~,~~~~ MAYOR ATTEST: ~.~, ~/ . ~~~?/Zp CZTY CLERK ~