Minutes 1982-12-14
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257'
'CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
DECEMBER 14, 1982 .
The City~Council .met in regular session. with Mayor Smith- presiding.' . Upon
roll call, Council Members Lawrence E. V~ndeveeri Matt'Gallagher, Ma~k,M. Millis,
and Karl A. Hogan reported,present.
PLEDGE OF, ALLEGIANCE -
Council Member Millis led the Pledge of Allegiance to our Flag~
Council Member Gallagher delivered the invocation.
APPROVAL OF.MINUTES.
On motion of Cou~~il'Member'Vandevee~, seconded by Council:
Member Gallagher, it was unanimously voted to approve the minutes of
November' 23, 1982 and December. 1, -1982 as presented...
APPROVAL OF WARRANTS
On motion of Council Member Hogan, seconded by Council Member
Gallagher, Demand Warrants #18839 through #18904 in the amount of $20,873.07
and Payroll 'Warrants' #23760. through' #23980 in. the,' amount of. $136,448:87
were.approved'and .ordered paid.,
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ORAL COMMUNICATIONS
Council Member Hogan .indicatedthathe had. received a -letter
- from Mr. James-E. 'Meinert,--owner of Five'Cities-Rental-l.- - Mr. -Meinert is-
'requesting a'deviation from,the.ten foot.wide.sidewalk requirement at h~s'
new business location- at.llOS El C~ino ~eal. .After discussion, it. was .
the consensus of Counc~l that Staff check into this.mattercand return at
the next meeting.
I'TEMS DELETED FROM AGENDA.., 'D..,4, D-5.
APPROVAL OF CONSENT' AGENDA- ITEMS.,
'On mO,tion of~Council Me~er- Vandeveer,' s.econded:-by ,Council~.-
Member' Gallagher" it was unanimously yoted to-approve' Consent Agenda Items'
#2 through'#lO. Mayor. Smith requested-item #1 be'discussed. '"
1,' Receipt of'Departmel1tal, Monthly' Report for the Month' of-November, '1982.
RECOMMEND REVIEW AND FILE. Council Member Gallagher commented reg~rding
the Police Department report. Public Works Director Karp reported that
during the recent power outage, th~ City saved'a substantial amount of money
due to the standby pumps for the City's lift'stations. On motion of Council
Member Vandeveer, seconded" 'by Councii - Member--GalLagq.er, it was- unanimously
v'?ted to . approve ,item #1.' . . . .,
2. Receipt of Annual Audit.Report for 1981-8~ Fiscal Year as. Prepared by
Robert M. Moss Accountimqy. Corporation. . .RECOMMEND REVIEW -AND FILE.' .
3. Receipt of. Third Quarter ,..1982, Repcirtby San .Luis Obispo' County Air
,'Pollution'Control District. 'RECOMMEND REVIEW' AND. FILE. '-"" -., ...
4. Receipt. of Parks and. Recreation. Director.~ s, Report. on,Meeting of... Parks
and. Recreation Commission-Held December.8; -1982." RECOMMENDcREVIEW AND-FILE.
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5. S.C.A.T. -.Resume
November', 29, 1982; as
Reports" for September
Report of "SCAT'S Board of Directors.Meeting, of',
Prepared,by'Acting, City Administrator, and-Ridership'
'and October, 1982.....RECOMMEND REV,IEW'AND FILE.' ....
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,6. . Receipt.of South San Luis Obispo County 'Sanitation District's.Monthly
Report for..November; '1982.; by Chief' Plant .Operator 'Plus Pla"t.Flow. Record.'
RECOMMEND REVIEW AND ,FILE; -, .
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"CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
DECEMBER 14; 1982
PAGE TWO
7. Receipt of Notification of Rabies Ciinic to"be Held January 8, 1983,
1-3-P.M; RECOMMEND REVIEW AND FILE.
8. Notification and Recommendation by Carl Warren & Co., City's Insurance
Representative, to Reject Claim Filed by Diane Karstetter, Incident of 9/9/82c
RECOMMEND COUNCIL SO REJECT SUCH" CLAIM.
9. Request by Fire Chief for Council Approval of 1983 Burn Weeks, i~e.,
February 6 - 12, 1983 (Winter); May 1 - 7 , 1983 (Spring); August 21 - 27,
1983 (Summer); and November 6 -- 12, -1983 (Faiil. RECOMMEND COUNCIL SO APPROVE.
10. Official Approval by Council "of Council Member and Commission List
City of Arroyo Grande (as required by Government Code Section 54972).
COUNCIL SO APPROVE.
for
RECOMMEND
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EUCALYPTUS ON:THE PIKE
Acting Administrator Clark stated "that a letter had been"-received
from the residents on The Pike expressing their' concern regarding"the trees.
Greenvale Tree Company checked the trees, at the City's request, and submitted
a bid of $6,000 to trim the trees. The City's insurance carrier has advised
that the responsibility for liability lies"with the property owner~ Mr. Clark
reported that a-letter "was sent" to the residents on The ""Pike advislng "them "of
this~ He stated" that a"call was received from Mr. Nevilie Romain, "a" resident
on The Pike, expressing his- concern. Mr. Fogoste:ln, of Halcyon:; has:subsequently
had the trees checked again by Greenvale Tree Company. Mr. Romaine, 1120 The Pikc,
stated that he and many residents have been concerned during the recent storm.
He pointed out that eucalyptus trees have a shallow root system. He stated
that inlI977 the City trimmed the trees" and should do so now. He was also
concerned about fire hazard. Council Member Hogan stated that the trees
should be topped, although the responsibility lies with the property owner.
Councii Member Millis stated that the City has a responsibility by allowing
the homes to be built in that location. He stated the City should trim the
trees. Council Member Gallagher agreed that the trees should-be trimmed.
On motion of Council Member Millis, seconded by MayoriSmith,2it was passed
to authorize Staff to request bids to trim"the trees. Council-Member Gallagher
dissented.
PUBLIC HEARING TO CONSIDER COST INCREASE/ADJUSTMENT "IN WATER, SEWER AND LOPEZ
RATES; AND REVIEW" OF COST INVOLVED" FOR PAYMENT OF -SAFE DRINKING WATER LOAN FUNDS
Acting Administrator Clark reported" that in November Council"
received a report regarding the financial status of-the City. The report noted
that water and sewer rates were not sufficient to meet the costs2arid were being
subsidized by the general fund. Finance-Director Bacon stated there is a
possibility that the state will withhold" revenues. He stated this poses a
very serious problem for cities. Mr. Bacon listed four rate alternatives to
recover the existing deficit in "the Lopez Water Fund. The"hearing having
been properly noticed-and published, Mayor Smith opened it for public comment Ul,. "
with regard to to the Lopez fund. THOMAS STARKEY, representing Service
Employees International Uni6n, stated.that the increase in-fees is needed -
so that the services will pay for themselves. MR~TFOWLER, 384 Platino Lane,
commented regarding the Lopez fund. There being no further comments, Mayor
Smith closed the portion of the hearing regarding water rates. Finance
Director Bacon listed the proposed time" allocations of employees which are
partially funded by the water department: Council Member "Millis stated that
only production and distribution should be charged to the account. Council
Member Hogan stated"that"the utilities are too high and should not be raised.
After discussion, it was'the consensus of-Council that Staff return at'the
next meeting with an estimate of the increase for the-average water user
in the City.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
DECEMBER 14, 1982
PAGE THREE
Mayor"Srnith opened the hearing with regard to the sewer rates'. THOM HEAD,'
344 Santa Fe; Pi~mOuBe';'ch;:'spoke'regarding the poor condit:ton'of the sewer
line~ in the City's aider sections.. REUBEN' KVIiiT~' 1035 'Acorn'Drive~' ,.,
questioned future plans for maintenance of the sewer linesa There being
, no further cOOuoE;nts, Mayor smith" ~losed" theporti6n of' the hearing. concerning
sewer ~ates~ Finance~DirecEor Bacon listed the'proposed time-'allocations
of employees 'which are proposed to be' funded 'by the' sewer fund.' 'Council
Member Millis stated that the water rate increases should be reviewed once
a y'ear'. 'He "stated that' the' wate'r' rates' sho,'Ud' not be increased again'
,s~,nc~ ~hey- o/~re iilCre~se~ 'i~"o!urie~ ~ Aft~r'"'<;1iscussior(;' it"'was m6~ed bY~3,
council Member Milli"s, 'seconded by 'coimcil Member Hogan'" and passed' .
not to increase the sewer rates. Council Member Gallagher and Mayor Smith
. dissented a
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Finance Director Bacon"gave 'four- aitern-atlve"s concerril.ng the proposed- increase
in Lopez rates:u M";yoicd';miti1' bpenei:l the::hearing:,rega'rding Lopez rate. increases.
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LAURIE HIGDON; li33'Pairview;" TOM iUGDON, 183 Fairview,"and'SCOTT FAVAREILLE,
. 189 Pearwood;'spoke :\.n.opposition to' n,isirig the'rates: There being no
further commer{ts, Ehe~heaTring was 6lc)sed~' . After discussion, - COui1cit--MeInber
Millis moved.not.to raise. the Lopez rates and.was'seconded'by Council Member
Gailagher. '?>-ll voted in favor."
PUBLIC HEARING RE:.CITY'S NOTICE OF'INTENTION TO RECORD NOTICE OF VIOLATION
OF GOVERNMENT CODE SECTION'66499.36, ESTABLISilMENT OF"ACCESS EASEMENT KNOWN
AS OAK HILL ROAD OR LEMON. LANE
.' . ". Acting.Administrator Clark stated that this hearing was continued
.f~om November 23, 1982 at the request of.Mr. Lemon. Attorney Shipsey'stated
that Staff had learned that one' or "the requirements for approval of'Mr. Lemon's
parcel map no. 76-7 had not been completed prior to its' recording. This
requirement involve~ granting of an easement to two previously developed
parcels across his property and was ~ requirement of the'MmnorSUbdivision
Committee action on December'22, i975. :As a result, 'Staff prepared and
recorded a Notice of Intention to record a'Notice of'violation of the
subdivision process. Mr.Shipsey stated that the purpose of tonight's
hearing is to allow the property owner to present argumentssthat a violation
did not occur. Subsequent to filing the Notice of Intention, the City received
copies of two quitClaim deeds recorded in favor of the present owners of the
previously developed properties'{Peck and'Honeycutt). Mr. Steve Cool,
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attorn~y rep~e~enting Mr. Lemon,' sta~ed ~h?t it i~ unnecessary" to record
anything, however, Mr. Lemon previously' executed. a deed to Mr. Peck'and since
the filing of the notice' had' 'granted"an easement to Mr'. 'and Mrs.' Honeycutt:'
He added that Council should not be concerned as to the conditions placed
on the grants of easement. Mr. Art Shaw, attorney representing the
Honeycutts, stated that he has received today a copy of the grant deed to
his clients andthey'find it to b,,"unacceptabie'-' Mr. James'Flegge,
2i7 pearwood, spoke regarding th~ easement. Mr~ Sha~ invited the council
members to meet at the subject property to~discuss'the easement.with all
property owners. After discu~sion, i~ was the consensus of Council to
adjourn to December 15, 1982 at 3:30 P.M.
Council Member Gallagher left the meeting at 11:14 P.M.
PUBLIC HEARING RE:.PROPOSED AMENDMENTS .TO ZONING ORDINANCE AND MUNICIPAL
CODE: VIDEO GAMES, COMPACT CAR SPACES, TEMPORARY POLITICAL SIGNS, AND NOISE
~lanning Director Hays reported that the Planning Commission,
at their meeting of November 14, 1982, 'discussed ea~h of the proposed
amendments and recommend the following:
1). Video Game.s. This will add a section to the P-C (Professional Commercial)
C-'N (Neighborhood Commercial) ;' C-B-D '(Central Business District), and H-S
{Higway Service)'lDistricts to require a'use Permit for three or more'
~usement or video machines where they are the primary source of revenue.
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CITY _ COUNCIL _
ARROYO GRANDE, CALIFORNIA
DECEMBER 14., 1982
PAGE FOUR
2) Compact Parking Spaces. This amendment. adds
requirements' to allow the.Planning Commission to
30% compact spaces which would measure 9' K 18'.
'. a section to the parking.
consider allowing up to
A.full size space is 10'
X 20'.
3) Signs. This section was reorganized with the addition of the provision for
temporary political signs. Currently,-we have no provision for political
signs. and this should help clear up the confusion on this matter.
4) Noise. The Municipal Code dmes not provide for abaeement of excessive
noise from various sources ~ This ordinanc~ would -.provide a method to abate
excessive noise sources as mechanical _parking lot blowers operating at:3:00 A.M.
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The hearing having been property noticed and published, Mayor Smith opened. it
for public'comment. There being none, the hearing was closed. Council Member
Vandeveer stated that the size requirement. for political signs should be
deleted. Council Member Millis commented that it.shouldbe required that the
designation 'compact car' ,be painted in the space. ~On motion of Council Member
Vandeveer, seconded. by Council Member Hogan, it was unanimously voted~to dispense
with-nu:tnher reading of the ordinance relating to Political Signs'.and with the
deletion of the size requirement.
It was the consensus of Council to delete the.wording'relating to video.games
which states 'where amusement machines are the primary source of revenue'.
On motion of Council Member Vandeveer, seconded by Council Member Millis, it
was Unanimously voted to dispense with further reading of the ordinance relating
to video games.
On.motion of Council Member Vandeveer, seconded by Council Member-Millis, it
was u~animously voted to dispense with further reading of. the ordinance relating
to Noise R~quirements.
On .motion of Council Member Vandeveer., seconded by Council Member . Hogan , it
was unanimously.-voted to dispense with_ further reading of":'the ordinance
relating 'to compact parking spaces.
ADOPT' RESOLUTION REI: PERSONNEL SYSTEM, VACATION, SICK LEAVE, HOLIDAYS
Attorney Shipsey read, the title of the resolution. On motion of
Council Member Vandeveer, seconde~ by Council Member.Hogan, it, was unanimously
voted.to dispense with further reading of the resolution.
RESOLUTION NO. 1680
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A RESOLUTION OF THE CITY C~CIL OF THE CITY_
OF ARROYO GRANDE REPEALING RESOLUTION NO. 1289
AND AMENDING THE PERSONNEL SYSTEM RULES AND
REGULATIONS OF THE CITY OF ARROYO GRANDE BY
.AMENDING RULE X, SECTIONS 1 (ANNUAL. VACATION
(LEAVE), 2 (SICK LEAVE) ,..4 (LEAVES OF ABSENCE) ,
AND 7 (HOLIDAYS) OF. RESOLUTION NO. 606 AND
PROVIDING FOR GRIEVANCE PROCEDURES
On motion of Council Member Vandeveer, seconded by Council Member
Hogan, and on the following roll calL vote , to wit:.
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CITY COUNCIL
'ARROYO GRANDE, CALIFORNIA
DECEMBER 14, 1982
PAGE FIVE
AYES:
NOES:
ABSENT:
Council Members Vandeveer, Millis, and Hogan, Mayor Smith
None
Council Member Gallagher
the foregoing Resolution 'was passed and adopted this 14th day of December, 1982.
CONTINUED DISCUSSION RE: WELLS/pEARWOOD'AREA DRAINAGE MATTER
I t.'was the. consensus of Council. to' continue this i tern under the
Closed Session portion of'the' agenda.
CONTINUATION OF COUNCIL'S REVIEW OF REQUEST BY GARY AND MARY OULREY; RE:
PURCHASE OF DOWER WAYSIDE PARK LAND, 500 BLOCK TRAFFIC WAY
Acting Administrator Clark stated that he has researched'the
property which was donated tOQthe City by,Mrs. Beatrice Dower of Maricopa,
California. Another 'portion of the'park was 'purchased from the Department
'of Transportation for $255; He 'added that service clUbs 'have been 'involved
in providing the pl'anters and' 'the City's' welcome sign. Council Member Millis
shated that the park property should not be sold as it is frequently used.
Council Members Hogan and Vandeveer agreed. Mayor Smith stated that the
City should keep all park lands. It was the consensus of Council not to
sell the subject'park pnoperty.
COUNCIL CONSIDERATION OF CITY OF PISMO BEACH'S REQUEST FOR SUPPORT RE:
THEIR CONCERNS ON OIL EXPLORATION ON HILLSIDES ADJACENT PISMO BEACH
Acting Administrator Clark stated that a letter was received
from Mayor Richardson of Pismo Beach asking support for their petition to
the Board of Supervisors asking adoption of the City's General Plan policies
and programs for development of those areas directly' adjacent to the City
boundaries. Council Member Hogan stated 'that 'oil is rieeded and he cannot
agree with the request. Council Member Millis stated that he is concerned
about the proposed oil exploration but did not feel 'that the Arroyo Grande
City Council should be involved. Mayor Smith agreed. It was the consensus
of Council not to take action on this 'request.
DISCUSSION RE: SCHOOL FACILITIES FEE ORDINANCE
Mayor Smith stated that Dr. Robert Hoagland, Lucia Mar School
District, has requested that this item be continued." It was the consensus
of Council to continue the matter to 'the meeting'of January 11, 1983.
PROGRESS REPORTS
--Update of General Plan of City of Arroyo Grande.
--Assessment D1strict, Water Storage Facilities to Serve
Tract 824, i.e., Lot 11 of Tract 604, Oak Park Acres.
--South County Water Association.
--Block House Within Village Area.
--Periodic Update, Re. Rental of Council Chambers.
--Spheres of Influence.
Public Works Director Karp recommended Council award a contract to Willdan
Associates 'of Ventura to complete a debt report for Tract '824 in the amount
of $19,700. On motion 'of Council Member Vandeveer; seconded by Council
Member Hogan, it was unanimously voted to award the contract to Willdan
Associates in the amount of $19,700 as recommended by Staff. Council Member
Gallagher was absent. Mr. Karp reported that a subcommittee meeting of the
South County Water Association will be held next'week to discuss groundwater
allocations. Acting Administrator Clark stated that a letter was received
from Mr. Bob Carpenter,. Chairman of -the Village Me~charits Association~ ~
requesting a joint meeting in January. Acting ~dministrator Clark stated
that a letter has been received from LAFCO regarding the City's sphere of
influence which requests information and Staff will return to Council when
this information has been gathered.
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CITY COUNCIL
ARROYO GRANDE, CALTFORNIA
DECENBER ~4, 1982
PAGE SIX
REPORT!RECOMlllENDATION BY PARKS DIRECTOR RE: BID RESULTS OF" SOTO SPORTS
CONPLEX INPROVENENTS AND ACTION BY COUNCIL TO AWARD BID
Parks and Recreation Director Keisler reported that bids were
received on November 24, 1982 ~or the Soto Sports Complex Basin Number 3.
The lot bid was received from Karleskint and Crum in the amount of $38,979.
Nr. Keisler recommended that the contract be awarded to Karlskint @ndmCrum.
On motion of Council Nember Nillis, seconded by Council Nember Hogan, it
was unanimously voted to award the contract for Sata Sports Complex Basin
Number 3 to Karlskint and Crum in the amount of $38,979. Council Nember
Gallagher was absent.
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RESOLUTION SETTING FORTH RESULTS OF ELECTION ON 11-2-82 ON MEASURES PERTAINING
TO ELECTION OF AAYOR FOR "ARROYO GRANDE
Attorney"Shipsey read the title of the resolution. On motion
of Council Member Millis, seconded by Council Member Hogah, it was unanimously
voted to dispense with further reading of the resolution.
RESOLUTION NO. 1679
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, CALIFORNIA, RECITING THE FACT OF
THE GENERAL ELECTION HELD IN THE CITY OF ARROYO
GRANDE ON THE 2ND DAY OF NO~IBER, 1982, DECLARING
THE RESULT THEREOF AND SUCH OTHER "AATTERS
AS ARE PROVIDED BY LAW
On motion of Council l1ember Hillis, seconded by Council Hember
Hogan, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Vandeveer, Millis, and Hogan, Mayor Smith
None
Council Member Gallagher
the foregoing Resolution was passed and adoptednth~s 14th day of December, 1982.
RESOLUTION TO AMEND CERTAIN PORTION OF 1982-83 SALARY RESOLUTION
Attorney Shipsey read the title of the resolu~i~n~ On mqtion of
Council Member Millis, seconded by Council Member Vandeveer', it wa's .'.-
unanimously voted to dispense with further reading of the resolution.
RESOLUTION NO. 1681
A RESOLUTION OF THE "CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING" RESOLUTION NO. 1668
RESPECTIVE TO THE SCHEDULE OF POSITIONS AND
SALARY RANGES
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AYES:
NOES:
ABSENT:
Council Members Vandeveer, Millis, and Hogan, "Mayor "Smith
None
Council Member Gallagher"
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On motion of Council Member Millis, seconded by Council Member
Vandeveer, and on the following roll call vote, to wit:
the foregoing Resolution was passed andadoptedtthis 14th day of December, 1982.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
DECEMBER 14, 1982
PAGE SEVEN
REPORT/RECOMMENDATION BY DIRECTOR 'OF-PUBLIC WORKS FOR COUNCIL APPROVAL'OF
PARCEL'MAP AG 82-177,'LOT SPLIT CASE NO. 81-361, KNOLLWOOD DEVELOPMENT;
BAMOD COMPANY
Public Works Director Karp stated that the' subject lot split is a
subdivision of the property known as Knollwood andllies northerly of the
County Regional Center bounded'at the north end by.James Way and on' the
west side by Rancho Grande; 'The property 'is zoned planned development.'
Th'; Land Use Plan requires" a development' for the property which was made' a
part of the'originai'rez~ning for the project. The lot split, is being
developed under 'Government Code Section 66426 (b) , which permits use of
the parcel map proceaure for 'land divided into' 20 acre parcels with approved
access to publicly maintained roads. This is the process" which was utilized
to'subdivide Rancho Grande into its various parcels as they exist today.
Mr. Karp recommended approval of Parcel Map AG 82-177 subject to'the
following findings and conditions:
1) Find that Parcel Map'AG 82-177'conforms with City'zonIDng.
2) 'Find that the offers to'dedicate are necessary prerequ~sites
orderly development of the community.
Accept on behalf of the public subject
for road ways and easements for street
2and associated slopes and embankments.
to,the
3)
to improvements, the dedications
trees, water, sewer, drainage,
On monion of Council Member Vandeveer, seconded by Council Member Hogan, it
was unanimously voted to approve the Parcel Map AG 82-177 subject to the
findings and conditions stated by Mr. Karp. Council Member Gallagher was
absent. .
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REPORT/RECOMMENDATION BY FIRE CHIEF RE: PURCHASE OF PERSONAL ALARM DEVICES
, Acting Administrator Clark stated that Fire Chief Marsalek
is requesting authorization to purchase twelve "personal a1am devices
which are required by Section 3401 of CAL/OSHA. The personal alarm
devices are $80.00 each. After discussion, it was moved 'by Council Member
Hogan, seconded by Council Member Millis, and unanimously voted to authorize
the expenditure of $960 for the alarm devices. CCouncil Member Gallagher
was absent.
ORAL COMMUNICATIONS
Council Member Millis requested that Council consider meeting
at 7:00 P.M. in the future rather than 7;30 P.M. and requested this matter
be placed on the next agenda for discussion.
CLOSED SESSION
Council adjourned to closed session at 12:00 A.M. and returned
at 12:55 A.M.
ADJOURNMENT
On motion of Council Member Vandeveer, seconded by Council Member
Hogan, it was unanimously voted to adjourn at 12:56 A.M. to an adjourned
meeting December 15, 1982 at 3:30 P.M. '
A,""T, df'1~<lil
UTY CLERK
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MAYOR