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Minutes 1980-11-25 418 CITY COUNCIL A~OYO GRANDE, CALIFORNIA NOVEMBER 25, 1980 The City Council met in regular session with Mayor Pope presiding. Upon roll call, Council Members B'Ann Smith, Karl A. Hogan, and Mark M. Millis reported present. Council Member Lawrence E. Vandeveer was absent. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member Millis led the Pledge of Allegiance to our Flag. Thereafter, Reverend Larry Waggoner, Grace Bible Church, Arroyo Grande, Calif- ornia, delivered the invocation. APPROVAL OF MINUTES On motion of Council Member Smith, seconded by Council Member Hogan, and unanimously voted, the minutes of october 28, 1980 and November 5, 1980 were approved as presented. o APPROVAL OF WARRANTS On motion of Council Member Millis, seconded by Council Member Smith, and unanimously carried, Demand Warrants #13825 through #13999 and #P0063 through #P0077 in the amount of $559,167.05 and Payroll Warrants #18386 through #18569 in the amount of $114,948.85 were approved and ordered paid. APPROVAL OF CONSENT AGENDA ITEMS On motion of Council Member Millis, seconded by Council Member Smith, it was unanimously voted to approve the Consent Agenda Items. A-I. Resolution of Request from City of Adelanto to Support Legalizing Las Vegas-Style Gambling in California. RECOMMEND RECEIVE AND FILE. A-2. Receipt.',of Latest League of California Cities' Legislative Bulletin and Others. RECOMMEND RECEIVE AND FILE. A-3. Letter of Request from Social Services Coordinating Council, Re. Request to be an Active Participant in Any Emergency Planning Efforts of the Council. RECOMMEND REFERRAL TO COUNTY SUPERVISORS. A-4. Invitation to Participate in Grover City's 15th Annual Christmas Parade, December 6, 1980. RECOMMEND COUNCIL ADVISE IF THEY PLAN TO ATTEND. A-5. Receipt of Report from State Department of Housing and Community Development, Re. Housing and Mobile Homes. RECOMMEND REFERRAL TO PLANNING COMMISSION. A-6. Receipt of'Departm,mtal Monthly" Report for the Month of October, 1980. RECOMMEND RECEIVE'-,AND FILE. A-7. Receipt of Management Summary Report o~ Liabilit~Experience and Workers' Compensation for October, 1980. RECOMMEND RECEIVE AND FILE. A-8. Receipt of Report on Recent Animal Regulation Advisory.Committee Meeting. RECOMMEND RECEIVE AND FILE. u A,-,9:: Receipt"ofc'Financial Audit for the Fiscal Year Ended June 30, 1980. RECOMMEND RECEIVE AND FILE. A-IO. Receipt of Financial Audit for Central Coast Cities. Self-Insurance Fund Fiscal Year that Ended June 30, 1980. RECOMMEND RECEIVE AND FILE. A-ll. Receipt of Final Printed Copy of 1980-81 Municipal Budget. RECOMMEND RECEIVE AND FILE. A-12: .,Receipt of Minutes of October 8, 1980 Meeting of Human Relations Commission of South San Luis Obispo County. RECEIVE AND FILE. A-13. Receipt of OctoberjNovember Copy of Coastal News from California Coastal Commission. RECOMMEND RECEIVE AND FILE. n r ., 419 CITY COUNCIL ARROYO GRANDE; CALIFORNIA NOVEMBER 25, 1980 PAGE TWO ITEMS WITHDRAWN FROM AGENDA - B-1, B-2, B-3, C-2, C-3(b) & (c), D-8, and D-9(c) . Mayor Pope apologized to those persons in the audience who were presented for the deleted public hearings. City Attorney Shipsey stated that the action taken at the last meeting regarding, the Wells' 'pre zoning case, in his opinion~ does not need to be reheard since notices were not sent. He said the law requires that notices 'shall be published' and notices 'may bemailed...tointerested persons. The fact that the notices were not mailed does not invalidate Council action. Council Member Millis stated that because notices have been sent in the past, a precedent has been set"; Steve Cool, I attorney for Mr. Wells, stated' he agreed with Council Member Millis and is' williyg for the application to be reheard on December 9. Mr. Shipsey commented that a consideration is the fact that the hearing may be over the 60 day limit wherein an application may be heard.' Mr. Cool stated Mr. Wells is willing to waive the 60 day limit requirement"; Council Member Hogan moved to set the hearing for December 9. The motion'died for lack of a second. Council Member Millis ~oved that the question of the appeal shall'be properly noticed and held at the meeting of December 9, 1980 and to state'that the Council action taken on October 14, 1980 was",not proper as it was' not properly noticed. The motion was seconded by Council Member Hogan. Council Members Smith; Hogan, and Millis voted in'the affirmative with Mayor Pope voting 'no'. ! ESTABLISHMENT OF SHORT ASSESSMENT DISTRICTS FOR CURB AND GUTTER CONSTRUCTION Mayor Pope stated that this assessment district is being considered as it has come to his attention that several property owners in the area were out of town and were not able to attend the last hearing. D.G. PORTER, 541 Ide Street, stated that he had been out of town and wished to speak in opposition to the assessment district: H e stated it would be imposing a hardship on those persons'on Ide Street. He also spoke for Mrs. Hawkins arid Mrs. Gowan. Administrator Butch pointed out that the street is deteriorati~g and complaints have been received concerning its condition. Mayor Pope stated that formati9n of this assessment distr~ct was begun by former Council Member;, GaLlagher in an attempt to conform to city ordinances which require mainte~ance of curb and gutter. Administrator Butch stated that a three year loan may be obtained from the City. Upon:motion of Council Member Smith, seconded by Mayor Pope, it was unanimously voted to accept staff's recommendation':to proceed with all seven of the assessment districts as follows: 1) Ide Street - North Side - Whiteley to Garden 2) :::iI1de Street i_South Side - Whiteley to Garden 3) Garden Str~et - West'Side ~ Ide to Allen 4) Nelson Street - North Side - Mason to Whiteley 5) Olive Street - North Side ~ Halcyon to Woodland 6) ':Olive Stre,!,t - South Side - Halcyon to Woodland 7) Halcyon Road - East Side - ,Olive to Farroll PROGRESS REPORTS - VARIOUS CITY PROJECTS ! FIRE STATION - Administrator Butch reported that progress payment #2 is now due in the amount of $79,885.80 and recommended that it be paid. Upon motion of Council M~mber Smith, seconded by Council Member Hogan, it was unanimously voted to pay progress payment #2 in the amount of $79,885.80. UPDATE ON PROGRESS OF 1980-81 CAPITAL PROJECTS City Engineer Karp submitted his list of Ongoing Mayor Pope and Council Members 'commented regarding ciinor adjustments. Capital Projects 'each project by priority. and suggested REPORT AND RECOMMENDATION OF PARKS AND RECREATION,COMMISSION'MEETING OF NOVEMBER 12,' 1980 The report was 'received. 420 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER, 25, 1980 PAGE THREE REPORT AND RECOMMENDATION OF PLANNING COMMISSION MEETINGS OF NOVEMBER 4, AND NOVEMBER 18, 1980 a) Action Regarding Annexation Policy of the City Council b) Request for Expansion of Existing Use, Using Public Right of Way - Five Cities Rent-All, 100 Traffic Way c) Rezoning'Case No. 80-147, Zone Change from ~'R-G" District to "R-3" District, 523 Crown Street (Irvine/Gordon). Public Hearing Set for December 9, 1980. Council Member Smith stated she wishes to appeal ,a decision of the Planning ~." Commission at the November 18, 1980 meeting concerning an address change and will request that it be placed on the Council's agenda; Planning Director Castro stated that the applicant for Five Cities Rent-All requested Planning Commission approval to expand to either the Saruwateri property or Jim's Radiator property. The Planning Commission granted approval for one year and recommend to Council that the applicant be al,lowed to use the unused portion of the public right of way (sidewalk) for display of the equipment. Mr. John Kuden, one of the adjacent property owners, objected to the use of the public right of way. Administrator Butch stated this is because only Council can approve or deny an encroachment permit. 'AI Gorsine, Planning Commission Chairman, stated this was forwarded to Council as it was the consensus of the Commission th~t.~hey _cou~~.n~~.~iscuss an encroachment permit. Council Member Millis suggested that more information is needed to reach a decision. Mr. Jim Meinert, owner of the Five Cities Rent-All, stated he realizes his use is outgrowing the property and is working to reach a solution to the problem. It was the consensus of Council that Staff shall draw up a large scale map showing the curb, gutter and sidewalk and the chain link fence and return to Council at which time the usage of the sidewalk will be discussed. MAYOR'S NOMINATION TO FILL"VACANCY ON SOUTH COUNTY HUMAN RELATIONS COMMISSION (NANCY FOWLER) Mayor Pope nominated Nancy Fowler to serve on the south County Human Relations Commission and was seconded by Council Member Millis. All were in favor. MAYOR'S NOMINATION TO FILL TWO VACANCIES ON EXPANDED PARKING AND TRAFFIC COMMISSION (ROBERT CARR AND JAMES MCGILLIS) Mayor Pope nominated Robert Carr to serve on the Parking and Traffic Commission and was seconded by Council Member Millis. All were in favor. Mayor Pope nominated James McGillis to serve on the Parking and Traffic Commission and was seconded by Council Member Hogan. 'All were in favor. REPORT ON RECENT SAN LUIS OBISPO COUNCIL OF GOVE.RNMENTS MEETING OF NOVEMBER 6, 1980 Mayor Pope stated that because _ ~ouncil~_Member Vandeveer is absent, this report will be continued. REPORT ON PROPOSED COMMUNITY CONGRESS PROGRAM FOR THE CITY Administrator Butch stated that this matter was scheduled at Council Member Millis' request. He explained that in 1975 a Community Congress was held inaonjunction with the League of California Cities. As part of the meeting, the five representatives from our City, which was made up of a Mayor ,and Councilperson, Planning Director, Public Works Director and the City Administrator, involved themselves in a play-acting roll called "Setting Policy Directions for Community Development". This program proved to be so successful that it is suggested that a similar type program be instituted. Administrator Butch covered the workings of the workshop and stated that it was very informative as it defined similar goals and objectives between department heads. It was Council's consensus that Mr. Butch check into the possibility of holding another similar workshop. ~ n n 421 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 25, 1980 PAGE FOUR DISCUSSION ON ,PURCHASE OF PARKING LOT AND SINGLE FAMILY RESIDENCE AT 803 CORNWALL AVENUE FOR ADDITIONAL OFF-STREET PARKING FOR THE POLICE DEPARTMENT Administrator Butch reported that he has inquired as to the purchase price of the property at 803 Cornwall and was informed they are asking approximately $125,000., He also talked with the Operating Engineers Union next door and.they are not interested in selling any property. There was discussion regarding purchasing.property in other locations and utilizing other property during the night hours. It was the consensus of the Council that this item be continued to the next meeting. ADOPT RESOLUTION SETTING APPROPRIATION LIMITS FOR 1980-81 FISCAL YEAR IN ACCORDANCE WITH SB 1352 Binance Director Bacon explained that Prop. 4 requires that the City establish appropriation limits and is implemented by SB 1325. The state is required to give us information which is used in establishing the limits. The League of California Cities recommends this resolution be adopted to use a current figure based upon the most current figure supplied by the State Finance. The figures are based on change in population locally and the lower of consu~er price index or per capita personal income. Administrator Butch read the title of the Resolution. Upon motion of Council Member Millis, seconded by Council Member Smith, it was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO. .1444 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A TAX PROCEEDS EXPENDITURE APPROPRIATION LIMIT FOR FISCAL YEAR 1980-81 On motion of Council Member Millis, seconded by Council Member Smith, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council' Members Smith; Hogan; Mi'llis and Mayor Pope None Council Member Vandeveer the foregoing Resolution was passed and adopted this 25th day of November, 1980. LETTER OF REQUEST FROM FIVE CITIES TAXI AND YELLOW CAB OF FIVE ,CITIES FOR SCHEDULE OF RATE CHANGE ON FARE, FROM $1.20 PER MILE TO $1.60 PER MILE Administrator Butch stated that Five Cities Taxi and Yellow Cab are'requesting a fare increase from $1.20 per mile to $1.60 per mile and therefore require a'..change in the requirements of their franchise. He recommended a public. hearing be scheduled. It was the consensus ofthe--Council to set a public hearing for the.meeting of January 13, 1981. REQUEST FROM GROVER CITY, . RE, DEANNEXATION OF CORNER OF FRONTAGE ROAD AND OAK PARK BOULEVARD FOR DEVELOPMENT' OF A MOTEL Administrator Butch explained that the City of Grover City has reviewed a proposal to develop a motel at the corner of the Frontage Road and Oak Park Boulevard in Grover City. The development plans would provide that a small portioh of the property is presently located within the City of Arroyo Grande which would consist mainly of landscaping. Mr. Butch recommended this request be ref~rred to the Planning Commission. Upon motion of Council Member Millis, seconded by Council Member Smith, it was unanimously voted to refer this matter to the Planning Commission for their recommendation. 422 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 25, 1980 PAGE FIVE DISCUSSION ON REQUEST OF BOB NEWDOLL TO ESTABLISH A REIMBURSEMENT DISTRICT FOR PROPERTIES ON MAY STREET . BEFITTING FROM VARIOUS IMPROVEMENTS City Engineer Karp recommended that the zone of benefit be established in the vicinity of May Street and Paseo Street and is established for the purpose of collection of fees with building permits in order to reimburse the developer of May Street for costs incurred in construction of a water, sewe~ and drainage system in the area. That assessments be made on~a per lot basis according to the following schedule. Block A - Lots 1, 2 and 3 Assessed for sewer only (ex- U Block C - Lots 28, 29-30 (considered one lot eluding costs of laterals) for assessment purposes), .31 and 32 Equal to $1,245.87 per.lot. Block A - Lots 4, 5, and 6 Assessed for drainag~~ Block B - Lots 1, 2 and 3 sewer, sewer laterals and Block C - Lots 18, 19, 20, 21, 22, water system. Equal to 23, 24, 25, 26 and 27 $3,010.61 per lot. Mr. Karp also recommended that Mr. Newdoll be reimbursed the assessed amount on a per lot basis upon collection of the assessment with building permits for a period not to exceed ten years from the date of approval of this recommendation by the City Counci. Upon motion of Council Member Millis, seconded by Council Member Hogan, it was unanimously voted to establish the reimbursement district for May Street and Paseo Street subject to the recommendations by Mr. Karp. DISCUSSION OF'. AMENDMENT NO. 2 TO CITY'S AGREEMENT WITH COUNTY ON CROSS CONNECTION SERVICES After discussion, it was the consensus that City Engineer Karp will check further into this matter. REPORT ON RECENT ZONE 3 ADVISORY COMMITTEE MEETING OF NOVEMBER 20, 1980 Mayor Pope reported that the committee reviewed their preliminary budget which included a standby generator and paint for the water tanks. The budget amounts to $606,000. RECEIPT OF BIDS ON CANYON WAY ASSESSMENT DISTRICT (INFO ONLY - PUBLIC HEARING DECEMBER 9, 1980) City Engineer Karp stated that the bids were:.:received and have not yet been awarded. Staff is scheduled to meet with the residents at 7:00 P.M., December 4, 1980. ACCEPTANCE OF FAIR OAKS IMPROVEMENT - SUHLY MILLER CONSTRUCTION City Engineer Karp recommended acceptance of the project as complete and to authorize the City Clerk to file the appropriate Notice of Completion and to make:the payment now due in the amount of $5,131.76. Upon motion of Council Member Hogan, seconded by Council Member Millis, it was unanimously voted to accept the Fair Oaks Improvement Project, #90-79-4. and make the payment now due in the amount of $5,131.76. ACCEPTANCE OF WATER SYSTEM IMPROVEMENT - CALIFORNIA. CHERRY. ALPINE. AND NEWMAN - BAKER CONSTRUCTION City Engineer Karp requested that this item be continued. Council concurred. u ACCEPTANCE OF CURB, GUTTER ON TALLY HO ROAD - FOGLE CONSTRUCTION City Engineer karp recommended to pay progress payment no. 1 in the amount of $10,305.18. Upon motion of Council Member Hogan, s'econded by Council Member Millis, it was unanimously voted to approve payment in the amount of $10,305.18. 1-. , n J ,I it " :1 [I II I' I ~ I, II II " I' II II 'I I' , , :\ I I, I I, , n , :, , , , , , j I 'I , I I , \ 11423 I I 'I CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 25, 1980 PAGE SIX APPROVAL OF PARCEL MAPS: . . a) AG 79-268 (KVIDT) ~ City' Engineer Karp stated that this is a lot split aqd is located nortnerly of W. Branch Street ~ithin the Oak Park Acres development. He recommended that Council approve the parcel map, accept on beh~lf of .the public the dedications shown for street tree easements and find th",t I,the 'map is consistent with the General Plan and zoning. Upon motion'o~.Council Member Millis, seconded by Council Member smith, it was unanimously v~ted to accept the parcel map subject to the conditions stated by City Engineer Karp. I b) AG 79-269 (KVIDT) - City Engineer Karp stated that this lot split is'located just northerly of the Catholic Cemetery which fronts on W. Branch street. He recommended approval with the condition that Council. accept on behalf of the public the dedications for the streets and street tree easements and:find that the map is consistent with the General Plan and zoning. Upon motion of Council Member Millis, seconded by Council. Member Smith, it was unanimous:+y voted to approve the map subject to the "onditions stated by City Engineer Karp. Ii REQUEST ROAD i COUNCIL AUTHORIZE I REBATE TO JOHN KUDEN FOR WATER,SYS'l:EM ON STAGECOACH City Engineer Karp recommended that the Finance .Officer be directed to make the following payment to the developer'of Tract No. 553 as reimbursement for construction of the water tank and appurtenant , fac ilities to serve the area within the City above the elevation of'200 feet in the vicinity of Stagecoach Road. The Districution Surcharge for hookup to High pressureiWater System by Tract No. 555, Unit 2, as per the following: Lots 12 through 28, plus two connections requested for proposed development of the Brennan property adjacent to Tract No. 555, Unit 2. 19 lots X $720.00 ,. .. . .$13,680.00. Upon motion of Council Member Hogan, seconded by Council Member Smith, it was unanimously voted.to approve the recommendation of Mr. Karp I' -- and reimburse:to Mr. Kuden the amount of $13,680.00. I , PROGRESS REPORT ON THE SOUTH SAN LUIS OBISPO COUNTY SANITATION. DISTRICT I' Administrator Butch reported that the: outfall line is completed and :'will not be required-of the Regional Water Quality Control Board to chlorinate the water which will save approximately $36,000 pe~_. year. MARIE CATTOUR discussed the possibilities of increasing the membership ofithe Oceano Services. District. WRITTEN COMMUNICATIONS - None. ORAL COMMUNICATIONS - Administrator Butch exp~ained that the net from the City Surplus sale held November. 22, 1980 totaled $8779.47. He also reported that the Fire I Department has one truck and three firefighters assistiilg in the San Berna~dino fires. MARIE CATTOUR questioned the City's ?nn~xation policy. Council Member Millis recommended that a joint meeting of the Planning I ""'. .... ..-, Commission and City Council be held in January." ELLA HONEYCUTT thanked City I ..".-...... . .... Engineer Karpjfor saving the oak tree on Tally Ho Road. Ii AD,lOURNMENT _1 Upon moti~n Hogan, it was:: unanimously I of Council Member Smith,. seconded voted to adjourn. at .~0:40 P.M. by Council Member I I I m~',~~ DErU CITY CLERK . --~ .' .' if?L /' . - . . Y