Minutes 1982-06-08
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CI'rl COUNCIL
ARROYO GRANDE,
CALIFORNIA
JUNE 8,
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The City Council met in, regular session-Iwith Mayor, Pro'Tem, Gallagher '1:
prksiding. Upon roll call, Council Members Lawrence 'E. Vandeveer, MarkiM.
MiILlis and Karl A. Hogan reported present. Mayor Smith was absent. II
PLEDGE OF ALLEGIANCE
Council Member
Mayor Pro Tern Gallagher
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Millis ledc'the Pledge of Allegiance to our' Flag,.
delivered the invocation. i:
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APPROVAL OF MINUTES . .. .
On motion of Council Member Millis,seconded
Hogan, it was unanimously voted to approve the minutes
presented.
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by Council Member,
of May 25, 1982 l'as
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APPROVAL OF WARRANTS' ",."
I = On motion- of Coun'cil Member Hogan ,"seconded by Council
Demand 'Warrants'#1'7526 through #17632 in the', amount of $207,168
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'Warrants #22423'through ,#22508 in the amount of'$68,866:59 were
arid ordered' paid~' ..,
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Member Millis,
and pay\'oll
approve:d
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APPROVAL OF CONSENT AGENDA ITEMS
, 'Public Works Director Karp stated that the payment regarding item
#4 is in the amount of $12,217.72, On motion of Council Member Vandev~~r,
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seconded by Council Member 'Millis, it was unanimously' voted to 'approve ithe
consent "agenda items with-the recommended courses of.action:and~the am~ndment
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to: item #4. ""M_ --:~_..
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A-I. Letter of Thanks and'Appreciation to Mayor and Council Members frpm
Lutky Stores, Inc., Re. Opening of Lucky's Store in Arroyo Grande. RECOMMEND
REVIEW AND FILE.
A-f. Receipt of Departmental Monthly Report 'for May, 1982.
AND FILE.
RECOMMEND ,REVIEW
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June
Receipt of Planning Commission's Answered Agenda 'for Meeting
1, 1982. RECOMMEND REVIEW' AND FILE.
A-5. Receipt of Chief Plant Operator's Monthly Report for May on
'LU~S Obispo County Bani tation Dist-rict' s - Operation) - Plus' Others.
REVIEW AND FILE. ' "
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South San
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RECOMMEND
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A-8. Receipt of Letter of Resignation from"Janet Kasperr,'as Member of the
South County Human Relations Commission, Effective May 24, 1982. RECOMMEND
RECEIVEs WITH REGRET AND FURTHER 'RECOMMEND LETTER OF"THANKS AND CERTIFICATE
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OF APPRECIATION BE PRESENTED FOR HER SERVICE TO THIS COMMISSION (Since 'March 24,
19'81). '
A-g. Request from Arroyo "Grande' Fire "Department for Fee Exempt Business
Li~ense to Sell Fireworks from June 28 Through July 5, 1982, at the 400 Block
of Grand Avenue, Arroyo Grande. RECOMMEND COUNCIL APPROVAL SUBJECT ToiiFIRE
DEPARTMENT REQUIREMENTS.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
JUNE 8, 1982
PAGE TWO
A-IO. Request/Recommendation for City Council
Arroyo Grande.. by Bonnie J.' Craft I Incident of
APPROVAL OF SUCH RECOMMENDATION OF DENIAL.'
to Deny Claim Against City of
2/7/82. RECOMMEND COUNCIL'S
A-ll. Letter of Thanks and Appreciation to Fire Chief Tony Marsalek and
Personnel of the ArroyocGrande Fire Department from Ted and Lynne, Gibbs,
Re. Fire' at 378 Pecan Place.' RECOMMEND REVIEW AND"FILE.
A-12. Request by Mr. and Mrs. Robert Jones, 960 Bakersfield Avenue, Pismo
Beach, to Solicit the Painting of House Numbers on Curb Side. RECOMMEND
COUNCIL SO APPROVE SUCH REQUEST SUBJECT TO FINANCE DEPARTMENT REQUIREMENTS.
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CONTINUANCE BY COUNCIL DIRECTION OF REVIEW AND ACTION, RE: RENEWAL, OF LEASE
BETWEEN CITY AND BRUSH POPPERS RIDING ,CLUB, INC. FOR PERIOD OF 7/1/82 to 6/30/87
Administrator Sheldon reported that this item, is continued frOm
April 27, 1982 in order to resolve the question"of increased insurance coverage.
Hec,said the Brush Poppers have increased the liability coverage for; the City
from $500,000 to $l,OOO,OOO.and recommended approval of the lease. On motion
of Council Member Millis, seconded by Council Member Vandeveer, it was
unanimously voted to authorize the signing of the lease.
SECOND READING OF ORDINANCE TO PROHIBIT CONSUMPTION-OF ALCOHOLIC BEVERAGES
IN CERTAIN PUBLIC AREAS OF CITY OF ARROYO GRANDE
, Attorney Shipsey read the title'of the ordinance. On motion of
Council Member Vandeveer, seconded by Council"Member Hogan, it":':-was unanimously
voted to dispense with further reading of the ordinance.
ORDINANCE NO. 268 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING THE ARROYO GRANDE MUNICIPAL CODE
BY ADDING CHAPTER 15 TO TITLE 5 RELATING TO
ALCOHOLIC BEVERAGE CONSUMPTION IN CERTAIN AREAS
On motion of Council Member Hogan; seconded by Council Member
Vandeveer, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT :
Council Members Vandeveer, Millis, Hogan, 'Mayor Pro Tern Gallagher
None
Mayor Smith
the foregoing Ordinance was passed and adopted this 8th day of June, 1982.
Council Member Millis stated he voted in' favor of'this ordinance reluctantly
and on the advise of the PoliceoChief. Council Member Hogan stated that'
if there is no problem with violations of this ordinance in the future,
perhaps' it can be changed. Council Member Vandeveer agreed.'
SECOND READING OF ORDINANCE AFFECTING PARK DEVELOPMENT FEES
Attorney'Shipsey'read the title of the ordinance.
Council Member Vandeveer, seconded by Council Member Hogan;
voted to dispense with further reading of the ordinance.
On motion of.
it was unanimously
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ORDINANCE NO. 269 C.S:
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING CHAPTER 3 OF TITLE 9 OF THE ARROYO
GRANDE MUNICIPAL CODE BY AMENDING SECTION
903.507(1) RELATING TO REQUIRED IMPROVEMENTS
OF RECREATIONAL FACILITIES IN 'SUBDIVISIONS '
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CITY' COUNCIL'
ARROYO GRANDE, CALIFORNIA
J:UNE 8,:1982
PAGE THREE
On motion of Council'- Member Vandeveer, seconded by Council
MeIDber Hogan, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Vandeveer,
None
Mayor Smi th- .
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Tern Gallagher
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Millis,'Hogani Mayor Pro
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the foregoing. Ordinance-.was. passed- and adopted this 8th day-. of .June, 1982.
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FURTHER DISCUSSION RE: ZONE THREE ADVISORY COMMITTEE'S ITEMS OF BUSINESS
1) Proposal by an. Individual to Lease. Energy' Created by
Lopez Water to Operate Hydroelectric Facility.
2) Purchase of Surplus Water.
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Co.uncil Member Millis' stated that, as Council's .representati ve to' Zone:3,
hei is requesting direction regarding these two items. Public Works Dit.ector
Karp advised that the concession approach to the hydroelectric'plant W~Mld
be! his recommendation~ He' also stated that it "is proposed that monies ;~rom'
the'maintenance portion 'of the Zone 3 budget is to be used." Counci-l'MeIDber
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Millis stated .that he is opposed to using money for replacement ,for this
-project. Council Member'Vandeveer. stated he agrees with thecconcessiorii
procedure. On\'motion~.6f(";Council "Member Vandeveer~,- seconded by Counci-l if
Member Millis, it was unanimously voted to authorize the representative: to
vote for thecconcession concept.~:
FURTHER DISCUSSION RE: PROPOSED ORDINANCE'TO CHANGE' FUNCTION OF BUILDING
INSPECTION FROM AUTHORATIVE.'CONTROL"OF PLANNING DIRECTOR'TO PUBLIC WORKS DIRECTOR
Adinistrator Sheldon reported that this item is continued from
the May 25, 1982 meeting and was tabled at that time for further investlgation.
Attorney Shipsey read the title of the ordinance. On motion of Counci]! i
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MeIDber Vandeveer, seconded by Council Member Hogan, it was unanimously ii
voted to dispense with further reading of the ordinance to constitute the
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FURTHER DISCUSSION AND POSSIBLE FIRST READING OF ORDINANCE PERTAINING TO
COMMUNITY, WATER. WELL. SYSTEMS' 'I
Administrator Sheldon stated that the proposed ordinance amend~
the previous ordinance on this subject by the.'_addition ofcthe wording ",'such
wells may only serve lots which are being created by the parcel or subd~vision
map". ~ Attorney Shipsey stated that he further wording' such. as "recorded on
or' after November 13, 1981" to give a time limit on the parcels of the :1
area. . Attorney Shipsey read the title of the ordinance 'and Section 1 t!'o
in~lude the"',proposed wording-c--On mot.io'; of,' Council Member-Vandeveer, s~conded
. by, Council Member. Hogan ,c' it' was- unanimously voted to dispense- wi th- further.
re~ding of the ordinance to 'constitute ~he-first reading of the ordinati~e.
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COMMISSION APPOINTMENTS' FOR PLANNING-.COMMISSION; 'PARKS AND RECREATION' COMMISSION;
PARKING AND TRAFFIC COMMISSION; AND DOWNTOWN PARKING ADVISORY BOARD; SUCH
TERMS EXPIRING JUNE 30, 1982-' :1
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Administrator Sheldon recommended that this item be continued las
Mayor Smith is absen~. Council concurred. ii
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RESOLUTION TO EFFECT CITY OF--ARROYO GRANDE'S WITHDRAWAL-FROM MEMBERSHIP! IN
CENTRAL COAST REGIONAL CRIMINAL JUSTICE PLANNING BOARD AS OF JUNE 30, 1982
--- Administrator Sheldon explained- that adoption of this-resolutfon
is only an administrative act,to close)down-the.Board~because of-the-ld~s of
funding needed to operate. Attorney Shipsey read the title of the reso\ution.
Qn,motion of Council Member Vandeveer., 'seconded by Council Member Hogani, it
wa~ unanimously voted to dispense with further reading of the resolutidb.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
JUNE 8, 1982
PAGE FOUR
RESOLUTION NO. 1541
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE WITHDRAWING"FROM MEMBERSHIP IN
THE CENTRAL COAST REGIONAL CRIMINAL JUSTICE
PLANNING BOARD AS OF JUNE 30, 1982
Hogan,
On mbbion of Council Member Vandeveer, seconded by Council Member
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Vandeveer, Millis, Hogan, Mayor Pro Tern Gallagher
None
Mayor Smith
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the foregoing Resolution was passed and adopted this 8th day of June, 1982.
ADOPTJRESOLUTION"OPPOSING CONSTRUCTION OR ESTABLIS~ffiNT OF ANY NEW CORRECTIONAL
INSTITUTIONS AND THE EXPANSION'OF" EXISTING CORRECTIONAL FACILITIES WITHIN THE
COUNTY OF SAN LUIS OBISPO AT CAMP ROBERTS
Attorney Shipsey read the title of the resolution. On motion of-
Council Member"Vandeveer, seconded by Council Member Hogan, it was unanimously
voted to dispense with further reading of the resolution.
RESOLUTION NO. 1542
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE OPPOSING CONSTRUCTION OR
ESTABLISHMENT OF ANY NEW CORRECTIONAL
INSTITUTIONS AND'THE EXPANSION OF EXISTING
CORRECTIONAL FACILITIES WITHIN THE COUNTY
OF SAN LUIS OBISPO AT CAMP ROBERTS
On mbbion of Council Member Millis, seconded by Council Member
Hogan, and onc~he following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Vandeveer, Millis, Hogan, Mayor Pro Tern Gallagher
None
Mayor Smi tit
the foregoing Resolution was passed -and adopted this 8th day "of June, 1982.
ADOPT RESOLUTION OF APPROPRIATIONS LIMIT FROM TAX "PROCEEDS FOR 1982-83
Administrator Sheldon stated that a resolution is required"to
set the tax proceeds expenditure "appropriation limit for fiscal year 1982-'83.
per SB 1352. Attorney'Shipsey read the title of the resolution. On motion
of Council Member Hogan, seconded by Council Member Millis, it was unanimously
voted to'dispense with further reading" of the resolution.
RESOLUTION NO. 1543
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A TAX PROCEEDS EXPENDITURE
APPROPRIATION LIMIT FOR FISCAL YEAR "1982-83
:On motion of Council Member Hogan, seconded by Council Member
Vandeveer, and on the following roll call "vote," to wit:
AYES:
NOES:
ABSENT:'
CoUncil Members Vandeveer," Millis; Hogan, Mayor Pro Tern Gallagher
Non-e
Mayor Smith
the foregoing Resolution was passed and adopted this 8th day of June, 1982.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
JUNE 8 , '1982,
PAGE FIVE
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NOMINATION BY MAYOR SMITH RE:
RELATIONS COMMISSION
!I' ." It-was the' concensus
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Smith was' absent;
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PERSON FOR APPOINTMENT TO SOUTH COUNTY HUMAN
of Council to continue this 'item' as Mayor;
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REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC.WORKS FOR COUNCIL 'APPROVAL OF
LOT SPLIT CASE NO.' 81':'350, AG'PARCEL'MAP NO.-81"-49,'259 TALLY HO'ROAD ;\
(JOHN'THOMPSON)
'PUblic Works Director'Karp stated'that'the'sub]ect lot spiit is'at
the northeasterly corner of Canyon' Way 'and Tally Ho Road. . The, split.,ci"ates
two' parcels, 19',712 square - feet and 19; 869' square feet. 'These areas are
net areas after' dedi'cation' for- rights of way on' Canyon' Way. ' 'The impro";ements
were constructed' with the'Canyon Way-'Assessment District 'and 'with the City
widening project on Tally Ho Road. Dedications have been required for street
tri.e easements' as" well as' the widening 'on Canyon' Way'. Park and' street ":tree
fei.s have been collected and he recommended approval of the map 'subject' to
th~ following findings and conditions:
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Find that the map conforms to the conditionally'approved tentative map
which was found by the Planning Collllitissiontb be consistent wi tn' th:e City
zoning, which is RAB2 ;imc'the Llmd Use Element of the General Plan"
which is'low density residential. "u)
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2) Accept on behalf of the public the offers of dedication for street right
~of way and ',street tre-fi easement:. ~,I .
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On motion of Council Member Millis, seconded by Council Member Vandeveer,
it'lwas unanimously. voted 'to 'approve AQParcel Map' No. 81":49-sUbject ,to :'
th~ findings and conditions' as stated by~r: :,~rp.' -I"~ ' Ii
REPORT!RECOMMENDATIONBY DIRECTOR OF PUBLIC WORKS FOR APPROVAL OF LOT SPLIT
CASE NO. 80-341, AG PARCEL MAP NO. 81-113, 1038 FAIR OAKS AVENUE (CLYDE',BAUR)
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'ad 1038 Fair Oaks Avenue 'and "lies 'on the north side 'of 'tne 'street betwe~n
Alder Street arid' Walnut Stre'et. The map creates four lots;' ranging in 'size
fr6m . 8 ;007 square 'feet to i9, 777: square feet:' Along with' customary 'frontage
improvements on the - street, the' owner extended'a s'ewer li'ne within _Fair/,Oaks
Avenue and' relocated the 'utilities for 'the' existing dwelling 'which lies),' on
lot number four. Easements have been' created' for future dra{riage and . uti li ty
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'connection, ~as well as street'trees. -All -fees have' been collected and-the
imli'rovements 'are satisfactorily completed. '~The .~:tea'is" zo:i'1ed- R-':-l and r
classed 10" de'nsity res'iden'fi'al'in the 'Land 'Use Element of the 'General Plan.
He:r recommended approval' 'of 'parcel ,map AG81'-113 -siibj'e!ct to the 'following'
findings andcoriditions: -, - ..
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1); Accept on behalf of the public the
as well as maintenance of the main
easement dedication for "street trees;-
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sewer line in Fair Oaks Avenue. '
2)
Find ,that the map' is
'map found consistent
'and zoning.
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consistent with the'conditionally approvea tentative
by the Planning Commission with the General Plan
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Council Member Vandevee!, it
81-113 subject to the:"findings
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On ':mbtion of Council Member Millis, seconded by
was unanimously voted to approve Parcel Map AG
and conditions stateq by Mr. Karp.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
JUNE 8, 1982
PAGE SIX
REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS FOR APPROVAL OF TENTATIVE
TRACT MAP 1025,VILLA CALLE, 290 SPRUCE STREET (MERILEE PECK)
Public Works Director Karp reported that the subject tract is
a planned unit development (land division type of condominium} ,located just
north of Ash Street on the westerly frontage of Spruce' Street. This
tract is being developed on a common access easement with Tract Number
945, also shown on the map. The purpose of this type of development 'is to
provide better circulation and off street parking~facilities for both tracts.
The two projects will have separate homeowners associations but will be
complimentary in their landscaping and other amenities. The subdivider P ,
has bonded for construction of public improvements for the tract. Tract
Number 1025 will create six residential units in' an 'area zonedRG and classed
medium high density in::the Land Use Element of ,the General Plan.' Mr. Karp
recommended approval subject to the following findings and conditions:
1) Find that the improvements nequirediare necessary prerequisites to
the orderly development of theccommunity.
2) Find that Tract Number 1025 is consistent with the tentative map
conditionally approved by the'Planning Commission, who found that it
conformed with the General Plan and City zoning.
3) Accept on behalf of the public the easement on Spruce Street for
street trees.
4} Authorize the Mayor and City Clerk to execute the appropriate subdivision
agreement required by law.
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On motion of-Council Me~er Hogan, seconded by Council Member Millis, it
was unanimously voted to approve ,the final map for Tract Number 1025 subject
to the fincings and conditions stated by Mr. Karp.
-WRITTEN COMMUNICATIONS
Administrator Sheldon reported that requests were received from the
American Legion Arroyo Grande Unit 136, the First Assembly of God 'Church 'Youth
Group, and the Arroyo Grande Valley Babe Ruth ,League for permission to sell
fire works. He recommended approval subject to Fire Department regulations;
On motion of Council Member Millis, seconded by,Council Member Hogan, it was
unanimously voted to grant the 'permits. 'Administrator Sheldon'alsocreported
,regarding a mailgram received'from the League of California Cities'stating that
the state is considering removing all city subventions and-requesting,that all
cities send a representative to Sacramento on-June l4.to lobby against this
proposal., Mayor :pro Tem Gallagher stated that all, cities' should fight this andd
he is in favor of the Mayor attending. Council, Member Vandeveer agreed and statec]
that Mr. Sheldon should also send a strong letter of opposition. Council Member
Hogan also agreed. Council Member Millis commented regarding the cost of sendinq
a representative.
ORAL COMMUNICATIONS
Mayor Pro,Tem Gallagher requested that Mr., Millis, as the City's
representative to Zone 3, look into the possibility of-the issuance-of one
sticker which can be transfereddto several autbmobiles within a family for
admittance to Lopez Lake. Council Member Millis stated he will propose the
~uggestion.
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ADJOURNMENT
On motion
it was unanimously
1982 at 7:30 P.M.
of Council Member Millis, seconded by Council Member Hogan,
voted to adjourn at 8:30 P.M. to a budget session on Junel16,
ATTEST:
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MAYOR