Minutes 1983-07-12
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C!TY COUNC I L JULY 12, 1983
ARROYO GRANDE, CALIFORNIA
The City Council met in regular session with Mayor Smith presiding. Upon
roll call, Council Members Lawrence Vandeveer, Matt Gallagher, Mark Millis and
Karl Hogan reported present.
PLEDGE OF ALLEGIANCE AND INVOCATION
Council Member Millis led the Pledge of Allegiance to our FJag.
Thereafter, Reverend Larry Waggoner of Grace Bible Church in Arroyo Grande,
delivered the invocation.
APPROVAL OF MINUTES
On motion of Councilman Vandeveer, seconded by Councilman Gallagher, and
unanimously carried, the minutes of the June 28 and July 5, 1983, meetings were
approved as presented.
. APPROVAL OF WARRANT RESOLUTI ONS
Finance Director Oavid Bacon presented four resolutions for payment of
demand and payroll checks and requested Council approval. Mr. Bacon read the
resolutions in full.
RE50LUTI ON NO. 1702
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE, APPROVING.THE DISBURSEMENT
OF DEMAND CHECKS DATED JUNE 30, 1983.
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The City Council of the City. of Arroyo'Grande hereby resolves to approve
demand checks numbered serially from 20192 through 20302, dated June 30, 1983,
in the total amount of $19,920.66.
On motion of Council Member Gallagher, seconded by Council Member Hogan,
and on the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 12th day of July, 1983.
RESOLUTION NO. 1703
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE, APPROVING THE DISBURSEMENT
OF DEMAND CHECKS DATED JULY 1, 1983.
The City Council of the City of Arroyo Grande hereby resolves to.approve
demand checks numbered serially from 20303 through 20313, dated July 1, 1983,
in the total amount of $58,232.03.
On mot i on of Counc i I Member Vandeveer, seconded by Counci J Member Ga J I agher
and on the following roll call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 12th day of July, 1983.
RE50LUTI ON NO. '1704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE, APPROVING THE DISBURSEMENT
OF DEMAND CHECKS DATED JUNE 1-30, 1983.
The City Council of the City of Arroyo Grande hereby resolves to approve
demand checks numbered serially from P544 through P552, dated June 1-30, 1983,
in the total amount of $127,331.16.
On motion of Council Member Vandeveer, seconded by Council Member Hogan,
and on the following rolJ calJ vote, to wit:
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CITY COUNC I L "-./ JULY 12, 1983
ARROYO GRANDE, CALIFORNIA PAGE TWO.
AYES: Councilmen Vandeveer, Gallagher, Millis, Hogan and Mayor Smith
NOES: None
ABSENT: None ''.)
the foregoing Resolution was passed and adopted the 12th day of July', 1983.
RESOLUTI ON NO. 1705
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE, APPROVING THE DISBURSEMENT
OF PAYROLL CHECKS DATED JULY 8, 1983.
The City Counc i 1 of the. City of Arroyo Grande hereby reso I ves to approve
payroll checks numbered serial fy from 25326 through 25461, dated July 8, 1983,
in the total maount of $63,414.92.
On motion of Council Member Hogan, seconded by Council. Member Vandeveer,
and on the following roll call vote, to wit: '
AYES: Councilmen Vandeveer, Gallagher, Hogan, Millis and Mayor. Smith
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted the 12th day of July, 1983.
ORAL COMMUNICATIONS - None.
APPROVAL OF CONSENT AGENDA ITEMS
Council Member Gallagher requested Item #7-B be withdrawn from the
consent agenda.
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On motion by Councilman Vandeveer, seconded by Councilman Hogan and
unanimously carried, consent agenda items A through J, with the exception of
Item #7-B, were approved as recommended.
A. Receipt of Departmental Monthly Report for June, 1983. RECOMMEND REVIEW
AND FI LE.
C. Staff Recommendation to Authorize Finance Department to Process Fee Exempt
Fireworks Licenses. RECOMMENO COUNCIL APPROVE.
D. Receipt of Legislative Bulletins Nos. 30, 32 and 33 from Leagu'e of Cal ifornia
Cities, Plus Others. RECOMMEND REVIEW ANO FILE.
E. Receipt of Minutes of South San Luis Obispo County Santiation District's
Meeting of June 29, 1983, Plus Operational Report for June, 1983.
RECOMMEND REVIEW AND FILE.
F. Request by Harvest Festival Committee for Permission to Hold 1983 Harvest
Festival on September 29 and 30, and October 1 and 2, 1983, and to Use
Certain City FaciJities and Areas Therefor. RECOMMEND COUNCIL APPROVE.
G. Request by City of Morro Bay for Council's Consideration and Support of
Resolution to Permit Small Cities to. Use Force Account Labor for Water Line
Replacements - (Resolution to be Presented at League Conference in October).
FOR YOUR INFORMATION.
H. Recommendation by Staff for CounciJ Approval of Payment of Progress Billing
No. 1 on Construction of Deep Well and Blending System (AG Project No.
60-80-3) for $49,443.75 to R. Baker, Inc. RECOMMENO COUNCIL APPROVE.
I. Staff Recommendation of Opposition to AB 469. RECOMMEND COUNCIL CONCUR.
J. Staff Recommendation, Re. Blockhouse Removal and Parking Lot Construction.
RECOMMENO COUNCIL APPROVE.
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CITY COUNC I L JULY 12, 1983
ARROYO GRANDE, CALIFORNIA PAGE THREE.
B. Receipt of Answered Agenda for Planning Commission Meeting of July 5,
1933. RECOMMEND REVIEW AND FILE.
Counci Iman Gallagher asked what process is open to the Council reg a rd i ng
decisions by the Architectural Review Board and Planning Commission, regarding
major projects of the City, specifically, such as the Bank of America construction
. being considered now. City Attorney Shipsey said there is an appeal process
which can be used. Mayor Smith mentioned that Planning Director Eisner is
. working on some architectural guidelines, which will be forthcoming.
On a motion by Councilman Gallagher, seconded by Councilman Vandeveer, and
unanimously carried, Item #7-B was approved as recommended.
AWARD CONTRACT-STREET PAVING PROJECT 90-83-2, TO MADONNA CONSTRUCTION CO.
Public Works Director Paul Karp reported there were two bids received for
the street paving project, which includes one inch overlay paving on Rosewood
Lane, Pearwood Avenue, South Valley Road and Equestrian Way. Mr. Ka rp recom-
mended the Counci I award the contract to Madonna Construction Co., the lowest
b I dde r .
On motion by Councilman Vandeveer and seconded by Councilman Millis,
motion carried, with Councilman Hogan abstaining, to award the street paving
project to Madonna Construction Co., in the amount of $29,245.20.
AWARD CONTRJV;T-SEWERMAIN WORK TO R. BAKER,-INC., PROJECT NO. 70-83-1
Public Works Director Karp recommended that the Council award the project
to R. Baker, Inc., the only bidder, and asked deletion of\ltems Two, Three and
Four from the Contract. These items had been discussed previously with the
contractor. Mr. Karp indicated the deleted items would be bid at a future time.
The deleted items specified that the contractor furnish and install 8" D.I.P.
sewer main; construct sanitary sewer manhole; and remove 8" steel sewer pipe.
On motion by Councilman Vandeveer, seconded by Councilman Hogan, and
unanimously carried, the Council awarded the sewer main. project to R. Baker, Inc. ,
for $5,600, for repairing Meadow Creek sewer trunk line damaged by winter storms. I
ANIMAL CONTROL AGREEMENT - 1983/84
City Manager Mack reported ona proposal to the City from the County Animal
C~ntrolDepartment for the current fiscal year to increase the costs to the Ci ty
for animal control services from $9,000 to $13,704.00.
After Counci} discussion, a motion was made by Councilman Vandeveer, seconded
by Councilman Hogan and unanimously carried, to return the contract to the County
and specify that the Council would not approve any amount in excess of $9,000.00.
PUBLIC HEARING-HAROLD KEYSER APPEAL OF PLANNING COMMISSION'S APPROVAL OF lOT
SPLIT #83-381, AT 1045 MAPLE STREET
Mayor 5mi th declared the public hearing had been duly published and all
requirements governing hearings had been me~ and the hearing was opened.
Public Works Director Karp posted a map of the area in question, and
explained the particulars of the properties in proximity to 1045 Maple Street.
The following persons spoke in opposition of the subject lot split:
Harold Keyser, 1031 Maple Street; Bill Cherry, 202 Alder; Garth Harris, IOt7
Maple Street.
The following persons spoke in favor of the subject lot split: George
Tucker, 1069\Ash Street; Paul Curtis, 1169 Maple Street; Bob Manning, 106 Eques-
trian Way; Ji~ McGill is, 136 Bridge Street; Richard DeBlauw, Printz Road, the
owner of the property being considered.
Upon hearing no further comments, the public portion of the hearing was
closed, and discussion by Council Members followed.
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CITY COUNC I L JULY 12, 1983
ARROYO GRANDE, CALIFORNIA PAGE FOUR.
Councilman Hogan spoke in favor of the lot split and said he felt the
only other legal alternative would be for the City to purchase the property.
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Councilman Millis noted that when the'Fair Oaks area was annexed into the
City twenty. years ago, it was zoned as R-I, and legally permissible to divide
the lots and develop them. He spoke in favor of the lot split.
Councilmen Gallagher and Vandeveer also spoke in favor of upholding the
Planning Commission's decision to approve the requested lot split..
Thereafter, a motion was made by Councilman Vandeveer, seconded by Council-
man Millis, and on the following rol1 call vote, to wit:
AYES: Councilmen Vandeveer, Gallagher, Hogan, Millis and Mayor Smith
NOES: None
ABSENT: None
the motion carried to uphold the Planning Commission's approval of Lot Split
Case No. 83-381 at 1045 Maple Street, with conditions listed in Minor Sub-
division Committee Action, dated June 1, 1983, with the following amendments:
Amend Item "e" to read: "Proposed access shall be paved at 25 ft. across
Parcell to the drip I ine of the first tree and then 16 ft. thereafter."
Add Item "j" as fo I lows : "Front lot line be placed at 90 ft. instead
of 87 ft."
PUBLIC HEARING TO CONSIDER SONIC CABLE TV RATE INCREASE RE. APARTMENTS
Mayor Smith declared the public hearing had been duly published and all
requirements goyerning hearings had been met and the hearing was opened.
City Manager Mack stated that due to an error by the City this particular
item is brought to publ ic hearing. He said the original request from Sonic
did include the portion covering the increase to apartments primary rate.
There were no public comments forthcoming, therefore, further comments
were kept to the Counc i I.
Councilman Vandeveer remarked on the small amount of units effected;
Councilman Millis said he felt there is a relationship between the quality of
reception and the rate increase and because of the response to the survey and
the poor reception reported, he is opposed to the rate increase. Counci Iman
Hogan said he felt the public would decide on giving Sonic their business or
not and so he would approve. Further discussion by Council followed.
City Attorney Shipsey said the quality of service provision in the
agreement is pretty broad. Councilman Gallagher suggested rewriting the
franchise to protect the public and assure them good. service.
City Attorney Shipsey then.read, for its first reading, the title. of the
Ordinance amending the Municipal Code by increasing Sonic Cable TV rates for
apartments, from $8.50 to $9.00 per month.
Thereafter, a motion was made by Councilman Vandeveer, seconded by
Councilman Hogan, and unanimously carried, to dispense with reading the balance
of the Ordinance.
RESOLUTION RE. LAFCO'S RECONSIDERATION OF CITY'S SPHERE OF INFLUENCE
City Attorney Shipsey said there had been a proposed resolution prepared
pavi ng the way to have LAFCo recons i der thei r' deci s i on to i nc I ude the Huber
Ranch in Arroyo Grande's Sphere of Influence, which the City does not want.
Councilman Vandeveer stated he did not support asking for an appeal ,but
that he does believe that the Sphere of Influence clearly defines the area
around the City, and that the Huber Ranch should be in it, although not in
the City's Sphere of Services. After further Council discussion, City Attorney
Sh i psey read the tit I e of the reso I ut ion reques t i ng revi s i on of LAFCo's dec is i on
of June 16, 1983; thereafter a motion was made by Councilman Gallagher, seconded
by Councilman Millis, and unanimously carried, to dispense with reading the
balance of the resolution.
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CITY COUNC I L JULY 12, 1983
ARROYO GRANDE, CALIFORNIA PAGE FIVE.
RESOLUTION NO. 1706'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE REQUESTING REVISION OF THE
LOCAL AGENCY FORMATION COMMISSION'S SPHERE
OF INFLUENCE DECISION OF JUNE 16, 1983..
Councilman Millis, seconded by Councilman Gallagher, moved to adopt the
Resolution to uphold the.LAFCO decision. of June 16, 1983, and on the following
roll call vote, to wit:
AYES: Councilmen Gallagher, Millis and Mayor: Smith
NOES: Councilmen Vandeveer and Hogan
A85ENT: None
the motion carried.
ACCEPTANCE OF GRANT DEEDS FOR SEWER/STREET EASEMENTS & ROADWAY WIDENING
Public Works Director Paul Karp presented maps and explained that for the
owner to get title insurance .on the lots he wishes to sell, and because of '-'
recent Hap Act changes by the State, title insurance companies are requesting
Certificates of Compliance with the Subdivision Map Act, to be Issued by the
Planning Directors of the associated cities. The necessary easements are
sewer, street and roadway widening to conform to future street right-of-way
in the area gf Chilton Street.
. After Counci 1 di,scussion, a motion was made by Councilman Vandeveer,
seconded by Councilman Gallagher, and unanimously carried, accepting from
Mr. Hal I F. Clement, Jr., on behalf of the publ ie, the grant deeds relating
to Parcel No. 77-041-16, covering sewer easement, street. tree easements and
roadway widening. .
APPROVAL OF LOT SPLIT CASE NO. 81-353, (EI Camino Real & Chilton St)(ARCHIBALD)
Public Works Director Karp referred to Parcel Map No. AG 81-52, and said
the subdivider had completed improvements according to requirements;easements
have been created for existing utilities. Mr. Karp recommended four findings
and conditions: (1) find that the .required improvements on EI Camino Real are
necessary prerequisites to the orderly development of the community; (2) accept
on behalf of the public the offers of dedication shown on the map; (3) fi nd that
Parcel Map AG 81-52 is consistent with the conditionally approved tentative map
which was found by the Planning Commission to be consistent with City Zoning and
General Plan; and (4) approve Parcel Map No. AG 81-52.
A motion was made by Councilman Vandeveer, seconded by Councilman Gallagher
and unanimously carried, accepting the recommendations and approving Lot Split
Case No. 81-353.
WRITTEN COMMUNICATION
City Manager Mack said the League of California Cities requested a voting
delegate and an alternate for their Conference in October, 1983.
Counei lman Mi 11 is made a motion, seconded byCounei Iman Hogan, and unani-
mously carried, designating the Mayor as the delegate and the Mayor Pro Tem as
the alternate, for voting at the LoCC Conference.
City Manager Mack referred to a memo from Parks & Recreation Director Keisler
requesting authorization to pay John Foremaster, contractor on Strother Park,
for completion of the restrooms and picnic area project.
Councilman Vandeveer made a motion, seconded by Councilman Hogan, and
unanimously carried, authorizing payment in the amount of $9,246.70 to John
Foremaster for construction of the Strother Park project, retaining 10% or $6,000
for 35 days after project completion.
City Manager Mack reported that the State Budget had not yet been approved.
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CITY COUNC I L JULY 12, 1983
ARROYO GRANDE, CALIFORNIA PAGE SIX.
Councilman Gallagher said he had a letter from Mrs. Watkins regarding the
water retention lots on Linda Drive be reliev1j of the requirement on the two
lots. City Manager Mack will have it placed on the next agenda for the Council.
Councilman Gallagher requested the Tally Ho Creek alignment subject be on
the next Planning Commission's agenda.
ORAL COMMUNICATIONS
Councilman Millis asked if the report from Parking & Traffic Commission
would be back regarding the "No Parking" area in front of Mid-State Bank.
Public Works Director Karp assured it would be in the next minutes written.
Discussion followed. on the Bridge Street signs to solve confusion in the
area at Bank of America. Councilman Gallagher asked about coming sidewalk and
curbing projects and Mr. Karp remarked that all would be itemized in future
budget sessions.
Mayor Smith asked for a cost breakdown on the next agenda for installing a
handicapped ramp into the City Hall and into the Police Station. Mayor Smith
questioned the parking fees of a handicapped zone, and Mr. Karp replied it was --
$50.00 and that it is covered by the State Vehicle Code, and the City retains
the total amount of fees collected.
City Manager Mack mentioned the next Budget Review Session and it was set
for Tuesday, July 19, 1983, at 7:30 P.M. at City Hall.
ADJOURNMENT TO CLOSED SESSION
A motion was made by Councilman Gallagher, seconded by Councilman Vandeveer,
and unanimously carried, to adjourn to the Closed Session.
RECONVENEMENT AND ADJOURNMENT
Council adjourned closed session and reconvened at 10:00 P.M. Thereafter,
Council adjourned meeting to regular adjourned meeting on July 19, 1983 at
7:30 P.M. for Budget Study Session.
MAYOR
ATTEST:
DEPUTY CITY CLERK