Minutes 1983-05-10
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CITY COUNCIL MAY 10, 1983
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session with Mayor Smith presiding.
On roll call, Council Members Lawrence Vandeveer, Matt Gallagher, Karl Hogan
and Mark Millis reported present.
PLEDGE OF ALLEGIANCE AND INVOCATION
Mayor Smith led the Pledge of Allegiance to our Flag. Thereafter,
Pastor Kenneth Beene of the Landmark Missionary Baptist Church in Arroyo Grande
delivered the Invocation.
APPROVAL OF MINUTES
On motion of Councilman Vandeveer, seconded by Councilman Galla9her
and unanimously carried, the minutes of the April 26, 1983 meeting were approved
as presented.
APPROVAL OF WARRANTS
Finance Director Bacon presented for Council approval Demand Warrants
No. P523 through No. P535 and No. 19853 throu9h No. 19936, In the total amount
of $525,538.81; and Payroll Warrants No. 24875 through No. 24951, in the total
amount of $53,515.91. Council Member Gallagher and Council Member H09an
requested clarification of various payments, which were explained by City Staff.
After Council discussion, a motion was made by Councilman Vandeveer, seconded by
I Councilman Hogan and carried, approving payment of Warrants as presented.
NOTICE OF SCHEDULED PUBLIC HEARING CANCELLATION - SONIC CABLE TV
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\, Mayor Smith announced cancellation of the scheduled public hearin9,
'..- for benefit of any persons present in the audience for that purpose, regarding
Sonic Cable TV's proposed rate Increase, as it had been requested withdrawn.
. ORAL COMMUNICATIONS - None.
APPROVAL OF CONSENT AGENDA ITEMS
Councilman Gallagher requested that Item #7-E be withdrawn from the
Consent Agenda. On motion of Councilman Vandeveer, seconded by Councilman
Gal1agher and unanimously carried, Consent Agenda Items #7-A throu9h #7-N, with
the exclusion .of Item #7-E, be approved as per the recommendations.
A. Proclamation by Mayor Smith to Effect Month of Mayas "Older Americans'
Month" in Arroyo Grande. RECOMMEND MAYOR SO PROCLAIM.
B. Request for Mayor to Proclaim the Week of May 15, 1983, as "National Pollee
Week" in Arroyo Grande. RECOMMEND MAYOR SO PROCLAIM.
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C!TY COUNC I L MAY 10, 1983
ARROYO GRANDE, CALIPORNIA PAGE 1\010
C. Letter of Appreciation from Bethel Baptist Church to City Councii.
RECOMMEND ACCEPTANCE AND FILE.
D. Receipt of Legislative Bulletin Nos. 20~1983 and 21-1983, from League
of California Cities, Plus Others. RECOMMEND REVIEW; APPLICABLE ACTION, IF
ANY; AND FILE.
F. Invitation for Council Participation in La Fiesta Parade, Saturday,
May 21, 1983. RECOMMEND COUNCIL REVIEW AND FILE.
G. Council Approval of Lot Split Case No. 83-020, 343 Tally Ho Road, Essmall
Amjadl, and Council Acceptance of Street Tree Easement. RECOMMEND COUNCIL
APPROVAL AND ACCEPTANCE WITH FINDINGS RECOMMENDED PER MEMO.
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H. Status Report on Proposed Grading Ordinance. RECOMMENDATION: REV I EW I
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AND RETAIN FOR FUTURE REFERENCE.
I. Presentation'of $tudy of Resources of City of Arroyo Grande, Dated
April 27, 1983. RECOMMEND RECEIVE AND RETAIN FOR FUTURE REFERENCE.
J. Receipt of First Quarter, 1983, Report by..San Luis Obispo County Air
PoHutlon Control District. . RECOMMEND RECEIVE AND FILE.
K. Recommendation by City's Insurance Representative to Deny Claim of
Walter HoJ Iywood, Incident Date of January 18, 1983. RECOMMENDATI ON:
MOTION REJECTING CLAIM.
l. Receipt of Answered Agenda for PlannIng Commission Meeting of May 3, 1983,
RECOMMEND RECEIVE AND FILE.
M. NotIfication of Official Population of City of Arroyo Grande at
12,187 a~ of January 1, 1983. RECOMMEND COUNCIL APPROVAL FOR CERTIFICATION
AT 12,187,.
N. Receipt of Departmental Report for Month of AprIl, 1983. RECOMMEND
RECEIVE.AND FILE.
E. Request for Port San LuIs Habor District for CouncIl Support for
Funds Pertinent to Additional Breakwater Structures at Port San Luis.
RECOMMEND COUNCIL REVIEW AND DIRECT SUPPORTIVE ACTION.
Councilman Gallagher stated his opinIon that enough studies have been
made on this matter In the past and would prefer seeln9 the $200,000 spent
on the breakwater rather than on another study. Councilman Vandeveer
surmised that grants for the project are beIng sought, whIch would not be
approved without current studies by the Corps of Engineers. Counc.llman
Gallagher Itemized the various studies he recollected havIng been done on
the breakwater area. Councilman Hogan stated he did not feel ten year old
studies would be acceptable for grants. After Council discussion, a motion
was made by Councilman Hogan, seconded by Councilman Millis and carried,
with Councilman Gallagher dissenting, approving Item #7-E as recommended. l
MOSQUITO ABATEMENT DISTRICT - POSITIVE ACTION REQUESTED BY NEXT MEETING
Public Works Director Karp reviewed his memo to the Council regarding
mosquito abatement being researched with the tounty, as a joint venture
among South County CIties and the County. No cost figures have been
mentioned yet. Councilman Hogan suggested the fogging method to be very
affective as well as cheaper than spraying and suggested that pest control
companies be contacted for bids. After Council discussion, general
consensus was that this matter appear on the next Council's agenda for
some positive and timely action towards mosquito abatement In this CIty.
FURTHER DISCUSSION--WIlSON BILL RE. OFF-SHORE DRILLING MORATORIUM ~ NO ACTION
City Manager Mack reported that Senator Wilson's office was requested to
send the City a copy of the Senator's full bill settIng forth the proposed
legislation he Introduced regarding a ten~year off-shore drillIng moratorium
for Call forn!a. A synopsis was received Instead, with a follow-up phone call
stating the full bill would be sent. Councilman Galla9her reviewed said
summary. Councilman Vandeveer cited his reluctance to take action on thrs
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MAY 10, 1983
PAGE_THREE
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bill ~i,thout.reading it in,full and further stated his feeling that-support of
the Wilson Bill would delutethe Council's previous support of the Cranston-
Panetta,Bill on-the-same subject. Councilman,Hogan stated his feeling the
author~ 'of these-~ills d? n?t have enough first-hand knowledge of what they are
proposing. Councilman Millis fel;t-the Council is-not in a position to-make a
decision on this, as it will be made by the federal government and he does not
feel-this -should be brought 'back meetiryg after meeting, as it is detracting
from'more serious-business concerning the City. Councilman Gallagher reviewed
that a resolution opposing off-shore drilling'was hand~deliveredduring the
publ ic hearing: regarding Lease Sale No. 73, in-which the Counci I, through th~
Area Council of Governments, let its opposition be known -in this-matter. _
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PUBLIC HEARING WITHD.RAWN - SONIC RATE INCREASE REQUEST - RESET: 5/24/83
City Manager Mack requested that-the essence-of a phone call he received
this morning from Mr. Steve Burrell, representative of-Sonic Cable Television,
be entered- into the record, wherein three verba.l submissions were-given, as
follows:- 1) That Sonic Cable TV withdraws its r.eqL[,,~st;;Jo_CSl: rate increase to
$8,50 (for primary res idential service) and that the hearing not be held;
2) They requested a basic rate increase to $9.00 and that the City publish for
a new heari.ng on that; and 3) That the Council conduct a-study session with
Sonic Cable TV, representativescprior to the hearing. ~ate for:th~ increase to
$9.00--rate.- " '- -
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_ In answer' to-Mayor Smith's inquiries, it was clarified by,Attorney Shipsey
and Councilman Vandeveer that Sonic only needs to request Council's approval for
i ncreas i ng the bas i c Cabl e TV serv i ce rate, and if th i s - is not forthcom i ng, then
after notice by-Sonic, the cable'company can-initiate the process of deregulation
whereby Counc iI's approva I for rate;, increases woul d not - be necessary. I twas
felt that Sonic-does meet the criteria for -deregulation, such ,as providing at
least ,12-channels to cities with populations below 20;000. Councilman Vandeveer
summarized AB,699 regarding cable,TV franchises and deregulation'proced~res.
During furtherCouncil discussion, it ,was 'felt that ,Sonic shoul~ reimburse the
City for-the additional publ ic-hearing advertising-costs. It was also requested
that Sonic's financial statements be-submitted for Council 's,review; which
reflect justification of their. current rate increase request to $9.00. from the
request submitted-incFebruary of this ye,r for an- increase-to $8.50. Said
figures should be certified-by the company's accountants.
After further Council discussion, a motion was-made by Councilman Hogan,
seconded by Councilman Vandeveer and' carried, withdrawing the publicohearing
set for this evening to consider Sonic Cable TV's request- for a rate increase
to $8.50.
Thereafter, a motion was.made by Councilman Hogan, seconded'by Councilman
Vandeveer and carried, setting a public hearing for May 24, 1983 at 8:00 P.M.
to cons i der Son i c 'Cab I e TV's' request for a rate increase on ,the bas i c cab I e
television service rate. from $8.00- to $9.00 -per month.-.
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STATUS REPORT --EUCALYPTUS'TREES ON THE PIKE
C ity--Manager Mack reported that since the I ast Counc i 1 meet i ng, the - C'i ty
! Attorney-I:!.as prepared a proposed agreement for .consideration by the residents
along th~_north side of The Pike, the property owners on the_south side of The
Pike, and the City, regarding thinning, trimming-and removal of so~e of the .
eucalyptus trees-along ,the south, side of The-Pike. -He further ,reviewed that. In
response to a'City placed 'newspaper advertisement (for removal of 38 trees with
compensation to be'keeping of" the wood, by the remover), six p~one inquiries ha?
been received, four of which-declined to do,so and two have not checked back with
him regarding their possible- interest.
Mr.-,Nevi'l Ie Romain;--- resident of the-north side ':'f The Pike, stated his'
understand i ng that two weeks woul d be gi ven for the' newspaper advert l'sement and
thereafter'further actionwould,be discussed. . He suggested that-the' City now
request b'ids for the- tree removal :and not, wait indefinitely for a ~es~onse from
the, two possibly interested. parties'mentioned. City Manager Mack .Indicated that
the City has not recognized that-this tree. matter is- its responsibil ity and is
concerned about the financial impact on the City for cost of the tree removal.
It was suggested that perhaps Mr. Romain:_ would ~all various tree removal- firms
for cost estimates and share these figures with others, as it was thought not
prudent for the City to advertise for b~ds if the possibil ity ~til! exists for
the job being done in exchange for keeping the wood, and the City IS held by
legal bounds not allowing for phone call bid estimates.
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CITY COUNC I L
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MAY 16, 1983
PAGE FOUR
Counci lman Hogan suggested that Roy Burke of Burke & Pace Lumber"in
Arroyo Grande be contacted as a possible source of someone intereste~ in
cutting the trees 'in exchange for the wood for use in pressboard. City
Manager Mack indicated he would pursue this suggestion and this item will
be continued on'the Council~s next agenda, for further action. '
REQUEST DELAY OF HEARING BY LAFCO OF so. 'CO. ENTITIES" SPHERE OF INFLUENCE
City'Manager Mack reviewed ,a Notice of Pub 1 ic Hea~ing fromLAFCO,',which'
indicates 'they have'finished their Sphere of ,Influence'study for the CitY,and
a hearing'on same has been set for May 19, 1983 at 9 A.M. He stated, however,
that their studies will not be published and'available until this Friday,
leaving only about six days for people to review the study. Therefore, he
recommended that the Counci l' request LAFCO to reset its pub1 ic hearing to
June'16,'1983;'to allow for local community ,review. City Attorney Shipsey ,
suggested that since Arroyo Grande's boundaries mesh with .the other community
boundaries; it 'would not 'serve much purpose if the other Spheres 'were "
reviewed without Arroyo Grande's being'considered, "so perhaps consideration
of all. the South County spheres shoul d be reques ted pos tponed' unt i 1 June 16th.
After'Council discussion, a 'motion was made, by Councilman Vandeveer,
seconded by Councilman Hogan .and carried, authorizing City Manager Mack to
request LAFCO to delay its publ ic hearing on the prel iminary sphere'determina-
tion for the City of Arroyo Grande, City of Grover City, Oceano Community
Services District, and South County Sanitation District; until,June,16, 1983.
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REZONE'FEE REFUND REQUEST - DE BLAUW CONSTRUCTION - DENIED
, City Manager Mack reviewed his memo dated May 4th, regarding the
Planning Commission's recommendation that'the $250'zone change fee on
Rezoning 'Case No. 83-170, 'at 401 Printz Road, 'appl ied for by Richard DeBlauw,
be refunded to said applicant, as the 'zone change wouid'have created spot
zoning. Mr. Mack stated he did not join with the Planning Commission's"
recommendation~" Council discussed the matter at'length, with Council Members
Vandeveer and Hogan comment ing,'Uiat unexpended fi i ing fees sho,J1d be refunded
to theappl icants. Councilman Millis reviewed 'that the $250 fiiing fee was
set after review of the cost to the City in'advertisings, etc. of ' zone '
changes and th is was the average'cost. He' stated that certain chances for
denial of a zone change are taken when applying for one.
,After Council discussion, a motion was'made by Councilman Galiagher,
secondedby'Councilman Millis and on'the following roll call 'vote, to wit:
AYES: Council Members Vandeveer, Gallagher, Millis and Mayor Smith;
NOES: Council Member Hogan; ABSENT: None, motion carried supporting.City
Manager Mack's recommendation to deny refund of the $250 zone change filing
fee to Richard DeBlauw on Rezoning Case No. 83-170, .
NOTICE RE. 'UPCOMING TERM EXPIRATIONS OF VARIOUS CITY COMMISSIONERS
City Ma~ager Mack reviewed a I isting of term expirations on June 30;
1983, of various commissioners on th~ Planning, Parks & Recreation, Parking &
Traff~c Commissio~s"Downtown Parking Adviso:y Board and South County Human
RelatIons Commission; In order to have appointments made ten days prior to
July 1st" it would be necessary to make said appointments at'the Council's
June 14th meeting., Mayor Smith invited suggestions.regarding'appointments.
, In reviewing copies of,the'City's Code'governing the various' commissions,
which.w~re included in'the Agenda packet, Mayor Smith pointed out that
.Code Section 2-7.03 regarding the Parking & Traffic Commission states that
their meetings be held at least once a month'during the evening at City Hall.
She asked Director of Public Works Karp why said'meetings aho not,being . .
held in the, evening. Mr. Karp responded that the meetings had been changed
from afternoon to 5 p.m. and no problem has been indicated thus far from
people writing the Commission of a problem and then attending meetings when
saId problem' is considered.. Mayor Smith requested that'Mr. Karp bring the'
time matterup at the Commission's next meeting and'see' if they would
cc;>nslder I)leeting after the dinner hour. If they prefer to keep the meeting
time as is" perhaps the City's Ordinance should.be changed. .
WRITTEN COMMUNICATIONS' - None.
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CITY COUNCIL
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MAY 10, 1983
PAGE FIVE
ORAL COMMUNICATIONS
Councilman Gallagher requested expediency in the completion of the public
restroom plans for the Village area and that a reasonable time limit be set
for their completion. City Manager Mack stated that two weeks ago the Downtown
Committee met and inquiries were made to the designer as to the status of the
designs. Said designer, who is volunteering his services, informed the.:
Committee that some designs were being obtained from other sources to help cut
down on costs and these should be available shortly. The Downtown Committee
meets again May 19th and perhaps the designer can give an update at that time.
Councilman Gallagher requested the status of the Plans on Tally Ho.
Director of Public Works Karp stated the plans are completed but right of way
research is still underway' as Title Insurance and Trust has run into problems
with some very old data, which has caused some delays.
Counc i1 man Ga 1.1 agher asked whether comp let i on of Ra i 1 road St reet has been
settled. Director of Publ ic Works Karp stated he be!i~\I"d he had included
paving for this in the budget. He further reported several unsuccessful
contact tries of the owner.
Councilman Gallagher reported that the downed. Maple trees in the Valley
Gardens area are diseased with a virus and requested someone ,look at them.
This matter will be directed to Director of Parks & Recreation Keisler.
Counci lman Vandeveer reported that the City now has title to the
"Block House", recently purchased from. Eula Turney.
Councilman Millis requested that. the Parking & Traffic Commission study
a serious traffic hazard on Grand Avenue at Mid-State Bank due to on-street
parking causing a visibility obstructionsto vehicles exiting driveways in
that area. Director of Public Works Karp indicated that this matter has
a 1 ready been placed on the Comm i ssi on's next meet i ng agenda. Counc i 1 man M i 11 is
further indicated that the repaving of especially the City's major streets
should be a high priority in the City's budget.
Councilman Hogan reviewed the traffic hazards and numerous resulting
accidents occurring at the Payless-Lucky Shopping Center, wlie're':~he fo1 iage
and drainage basin cause a visibility obstruction for traffic entering and
exiHrig.:at the Jiffy's Food Store on Grand. Avenue.
Mayor Smith requested the status of an adopted change in traffic flow
at Bridge and Branch, which has not taken place yet. Director of Publ ic Works
Karp stated he has not had a chance to get to it yet.
Councilman Gallagher requested status on undergrounding of utilities in
new developments. City Manager Mack indicated an excess of $100,000 in the
fund and that the new Planning Director will head up this process.
ADJOURNMENT
On mot i on of Counei lmanM ill is, seconded by Counc i1 man Ga 11 agher and
unanimously carried, the meeting adjourned at 9:14 P.M.
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ATTEST:<..~.)-",-;r cX) "Co~
CITY CLERK
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MAYOR
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
MAY 11, 1983
5:30 P.M.
JOINT MEETING WITH CITY COUNCIL AND PARKS & RECREATION COMMISSION: Meeting
noticed; but cancelled due to lack of quorum.
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MAYOII
ATTEST:
DEPUTY CITY CLERK