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Minutes 1982-06-22 - ~-'---'-t- :1 I 161 CITY CCUNCIL. ARROYO GRANDE, CALIFORNIA JUNE 22.': 1982 ii' I The City Council met in regular session withe Mayor Smith'presiding. .Upo~ roii call, Council Members Lawrence E. Vandeveer, Matt Gallagher, Mark M. M~~lis, and Karl A'. Hogan' reported pre~ent. . - . .., PLEDGE OF ALLEGIANCE ..... Council Member Gallagher led the.. Pledge of Council Member Vandeveer delivered, the+invocatio~. Allegiance .to' our Blag. l n APPROVAL OF MINUTES On motion of Council Gallagher, it was unanimously asl presented. . 'I APPROVAL. OF WARRANTS. ~t ". On. motion .of Council Member Vandeveer,' seconded by Council Me~er Hogan,cDemand Warrants *P387.through *P394 and. *17633. through *17728 in the . , .' ~ ampunt of $139,990..23 and PayrolL Warrants *225.09 .through *22608 .in. the amount of $52,727.21 were.. approved and ordered paid. ,. Member Vandeveer,seconded,by .Council Me~er voted to approve the'minutes of June 8, 1982 ~, PRESENTATION OF CERTIFICATE OF APPRECIATION TO JANET KASPER, FORMER' SOUTH COUNTY HUMAN RELATIONS COMMISSIONER , Mayor Smith presented the certificate to Mrs. Kasper and thanked , her for her service .tothe City." -j;- ,. , ii ORAL COMMUNICATIONS Mrs. Evelyn Tallman, representing Billy ag~nda i~em be. considered earlier on the. agenda. Zeyen, requested that I,their Council concurred. APPROVAL OF CONSENT AGENDA ITEMS On motion of Council Member Vandeveer, seconded by Council MeIDber Gailagher, it was unanimously voted to approve the Consent Agenda Items' with the recommended courses of action and with the deletion of item *8. A-I. Receipt of Planning Commission's Answered.Agenda for Meeting of June 15, 1982. RECOMMEND REVIEW, AND FILE. r, A-2. Receipt of Parks .and Recreation Director's'.Report., Re.'.Parks and Re:creation Commission Meeting of June.9, .1982.... RECOMMEND REVIEW. AND FI,LE. I' I A-3.. Request from.Rainbow Girls, Assembly. *100 for a.Fee Exempt Business License to Sell Fireworks from June 28 through July 5, 1972, at.1650 Giand~ Av~nue, Arroyo Grande. RECOMMEND COUNCIL APPROVAL SUBJECT.TO FIRE DEP~TMENT REQUIREMENTS. i . ~ + . 1. A-4. Request from Five Cities Jaycees for Fee Exempt Business License ;,to Sell Fineworks from June 29..Through July. 4., 1982, .at the Corner of Grand an~ Elm -Street; Arroyo Grande'. . RECOMMEND COUNCIL .APPROVAL SUBJECT.TO F,IRE DEPARTMENT. REQUIREMENTS. ;. A-6. Notification to City Council of fo~ Purpose of.Discu~sing the Planned 1982-83, Tuesday, June 29, 1982, 7.,30 PURPOSES. . ". '" A-5. Receipt of Legislative Bulletin No. 24, from League of Californi.i. Cities, an'd Others. RECOMMEND REVIEW, APPLICABLE ACTION IF ANY, AND FILE. Budget Study Session and Public Hearing Uses of.Revenue Sharing Funds fo': " P.M. in Council Chambers. FOR INFORMATION A-7. Request for. permission to Hold'Block party'on July 4,1982, on P~arwood . Avenue. RECOMMEND APPROVAL. WITH PROPER .NOTIFlCATION TO POLICE, FIRE, AND PUBLIC WORKS'DEPARTMENTS. --j( 162 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 22, 1982 PAGE TWO A-9.' " Reque"t by puhlic Works Director for Council AcceptanceoIDf Project" Re. Canyon Way Assessment District"No. 79-1; by Charles A.' Pratt Construction Company. RECOMMEND REVIEW AND APPROVAL AS OUTLINED BY PUBLIC WORKS DIRECTOR. A-IO. Receipt of Thanks and Appreciation to City, Council from Christine Fauske, San Luis Obispo County Arts Council, Re. Council's Approval of' County Arts Plan in May, 1982. RECOMMEND REVIEW AND FILE. u REQUEST BY EVELYN E.,TALLMAN AND BILLY ZEYEN FOR, COUNCIL REVIEW AND DISCUSSION, RE: "SPECKLES" - MIXED-BREED RED ROOSTER Attorney Shipsey explained that the housing of chi~kens in the R-l Zone is not permitted, although the code does provide for a procedure where permission may be granted if a use permit is obtained. Administrator sheldon st;'ted that Mrs. Tallman is requesting that Biily be allowed to keep the rooster. Eveiliyn Tallman, 532 Carol Place, stated that Speckles is a family pet and she'presented a petition'signed by surrounding residents stating that Speckles should be allowed to remain in the neighborhood. On motion of Council Member Millis, seconded by Council Member HOgan, it was unanimously voted to declare Speckles a domesticated pet and that he be allowed to remain in the neighb?rhood. SECOND READING OF ORDINANCE TO CHANGE FUNCTION OF BUILDING INSPECToR 'FROM AUTHORITIVE,CONTROL OF PLANNING DIRECTOR TO PUBLIC WORKS DIRECTOR Attorney Shipsey read,the title of thecCiJrdinance. "On motion of Council Member Gallagher, seconded by Council Member Vandeveer, it was unanimously voted to dispense with further reading of 'the ordinance. ,ORDINANCE NO. 270 C.S. , AN ORDINANCE OF THE CITY OF,'ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING SECTION .04 OF TITLE 9, CHAPTER 1 DE THE MUNICIPAL CODE SO AS TO AMEND THE DESIGNATION OF BUILDING OFFICIAL. 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, Gallag~er, Mill~~, _Hogan, Mayor Smith None None the foregoing Ordinance was passed and adopted this 22nd day of June, 1982. SECOND READING OF ORDINANCE PERTAINING TO COMMUNITY WATER WELLS Attorney Shipsey read the title of the ordinan'ce. On motion' of Council Member Gallagher, seconded by Council Member'Vandeveer, it was unanimously voted to dispense with further reading, of " the ordinan,?e. ORDINANCE NO. 271 C.S. o AN ORDINANCE OF THE CITY OF 'ARROYO GRANDE AMENDING TITLE 9, CHAPTER 4, SECTION .1511(c) OF THE MUNICIPAL-CODE RELATING TO PRIVATE WATER WELLS IN THE R-S DISTRICT On motion of Council Member Gallagher, seconded by Council Member Hogan, and on the following roll call vote, to wit: AYES: NOElS: ABSENT: Council Members Vandeveer,Gallagher, Millis, Hog,an, Mayor Smith None None the foregoing Ordinance was passed and adopted this 22nd day of June, 1982. r " ' I: , ' 163 nl ! , CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 22;, 1982 PAGE THREE STATUS. REPORT RE: DRAINAGE OF WELLS PROPERTY " 'I Administral;pr'Sheldon' referred to ,the ,staff report from Public; Works Directo~'Karp and the letter from Mr. Wells' requesting informatibn. Attorney Shipsey'stated that Mr. Wells has made a motion' for a new'trial and has asked the Judge to either revise the judgement or set a' new trial. ": Copncil Member'Vandeveer stated he disagrees' with Mr: Karp's determination regarding the boundaries 'of the ponding and' stated that an engineering r study should be done. .'. "There "was "discussion as to the determination as i\ to'lwhether'the City,won or lost the case. Mayor Smith stateCl that this,' 1S an: informational item' and was placed on the agE!11da fon'Mr.. Karp's updat:e; J!' . . -", . - "r PUBLIC HEARING ON 'VACATION AND ABANDONMENT 'OF 'PORTION OF 'PUBLIC RIGHT OF WAY ON EL'"CAMINO REAL, AT/NEAR BENNETT AVENUE Administrator Sheldon stated that on Mayoll, 1982 the City Council ad~pted Resolution No. 15~8, which,called for a pUblic hearing regardin9 this abandonment on this dat'e. PUblic Works Director Karp" stated that ': the portion to be abandoned is a portion of public right of way on the,i" westerly'frontage on El Camino Real, just'northerly of Bennett Street and "has been requested by the adjoining'property owner. 'The"property to be abandoned"lies behind the sidewalk constructed 'on that frontage. 'He , recommended'adoption of'the'resolution ordering the abandonment.' The ~earing having been' properly"published" and noticed, Mayor Smith opened it for 'J public comment. JERR~oHABECK; 'oWner of the 'property; stated that he had no' cOInment.. There" being- no further 'comment;--the hearing was closed. " 'Attorney Shipsey read'the title of the resolution. ,On motion of Council MehIDer Vandeveer t" seconded by~Council Memher HogiHl,' it was unanimously ,:voted to: dispense with further reading 'of the" resolution. ' , " RESOLUTION NO. 1544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING THE ABANDONMENT OF A SECTION OF EL CAMINO REAL (STREETS AND HIGHWAYS CODE SECTION 8323, ET SEQ.) Hogan-, On'motion of'Council Member Varideveer"seconded'byCouncil Member and on the following roll call vote,~to wit: , AYES: NOES: ABSENT: Council None "'None' Members'Vandeveer, Gallagher, Millis, Hogan; Mayor Smith the foregoing Resolution was passed and adopted this 22nd day of June, :1982. FURTHER REVIEW, AT COUNCIL'S DIRECTION, RE: PRIVATE ROAD COMMONLY, KNOWN AS OAKHILL ROAD Attorney' Shipsey'ecplained that a contract,was entered into between the property' owner and the' City iii" respect, to" an lot split where the City required the improvement' of' a'roadway 'up to the dwelling at'the top"of'\he' hill. The 'contract provided'that if the'property owner did'not complete the construction within a certain period of'time, the City would do the . .. t work and collect the money from the property -owner; which is Mr. Lemon~, The contract is bonded by a $12,000 bond. The City Council decided previously not to spend the money to do the construction -and then sue Mr. Lemon t6 try to collect the money. Council Member Gallagher 'stated that'the cur~" gutter and sidewalk should' have been required and the City should carr~'out its .contracts so as to not have similar situations in the future. Public- Works Director Karp stated that'the'conditions of'the road' improvement~'were conditions of the building permit and his recommendation is 'that the' bond'be'required to"be kept in full force. Council Member Vandeveer stated that this problem should'be continueCl for further'study. Council Member' Millis also'requested that this"item be continued'to the next meeting for fu'rther in-formation. It was the consensus of .Council-.to. continue this '~itern. !: 164 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 22, 1982 PAGE FOUR' UPCOMING COMMISSION APPOINTMENTS AND/OR RENEWALS THEREOF FOR PLANNING COMMISSION, PARKS AND RECREATION COMMISSION, PARKING AND TRAFFIC COMMISSION AND DOWNTOWN PARKING ADVISORY BOARD, SUCH TERMS EXPIRING JUNE'30, 1982 Mayor Smith nominated Mr. 'Gene Moots to serve another term 'on the Planning Commission and was unanimously voted. She nominated Mr. Clark Moore to serve on the Planning Commission. The nomination was passed with Council Member Hogan dissenting. Mayor Smith nominated Patricia Sanger and Judy' Tappan. to serve as Parks and Recreation Commissioners and was voted Wlanimously. -;':-::'IShe nominated Mr. Tim StartoD to serve on the Parking and Traffic Commissionc,and was unanimously voted. She stated there is another position to'be filled on this Commission which she will appoint at a later date. Mayor Smith also stated that she will continue appointments to the Downtown Parking Advisory Board and the South 'County Human Relations Commission. ~ REQUEST FROM, MARGUERITE BAINER; UNITED COMMERCIAL TRAVELLERS i FOR A FEE EXEMPT BUSINESS LICENSE TO SELL FIREWORKS FROM JUNE 28 THROUGH JULY 5, 1982, AT 1148 GRAND AVENUE Administrator Sheldon stated that he has reviewed a brochure"by United Commercial Travellers of America andiit~appears that it is a fraternity primarily founded to provide insurance coverages.to various people. He added that fee exempt business licenses are granted' for non-profit charitable organizations and it appears that this concept would not be met in granting one to tihe United Commercial Travellers of America. Council Member Gallagher explained that Council is concerned regarding the use of the proceeds from the fireworks sale. Mrs. Bainer" 1148 Grand Avenue", stated that' the proceeds are returned'to the community in tIle form of donations to the Boy Scouts andsbther organizations. .She added,that proceeds in the past have been donated to the Retarded Children's Fund. After discussion, and on motion of Council Member Gallagher, seconded by Council Member Hogan, it was unanimously voted to approve the fee exempt business license to United Commercial Travellers. .. COUNCIL DISCUSSION OF REQUIRING'ALL PROPOSED ANNEXATIONS TO BE SUBMITTED TO THE VOTERS Mayor Smiths stated that she had requested that this item be placed on'the agenda for discussion. She stated that the cities of ' Morro Bay, Pismo Beach, and San Luis Obispo have adopted ordinances requiring that all annexations be placed on the ballot. Council Member Vandeveer presented a written statement on his reasons for opposition to such an ordinance. Council Member Millis suggested that Council receive sample ord~nancess from other cities for review. It was the consensus of Council to continue this item for further information. COUNCIL DISCUSSION ON ESTABLISHING A DIRECTLY-ELECTED MAYOR POSITION FOR THE CITY OF ARROYO GRANDE Mayor Smith stated that she requested this item placed on the agenda for consideration. She stated that the'procedure of directly electing a Mayor removes friction. Council Member Vandeveer stated that council members electing a mayor among. themselves unites a council. Council 'Member Hogan agreed,. 'Council Member Millis' and Mayor Smith agteed that a Mayor should be elected. It was the consensus of Council to continue this item to the next'meeting. o COUNCIL DISCUSSION OF INCREASES IN TRANSIENT OCCUPANCY TAX Administrator Sheldon reported that the San, Luis Obispo County Mayor's-Committee recently met andddiscussed the concept of placing a measure on the November ballot which would increase the Transient Occupancy' Tax in each of our respective jurisdictions from the present 6% to 9%. It was the general feeling of the members present that 'the tourist industry impacts each of the communities involved and- that it would be appropriate for the tourists to help pay the cost of such impact in a greater degree than is currently being paid. The City of Arroyo Grande has projected the income of transient occupancy tax for 1982-83 in the.amount of $32,000. "., r ~ n , "~ il" it ;i :! 165 JUNE 22,'1 1982 !I PAGE FIVE" " r il Ani increase, as proposed, would amount to $48,000. If Council is inteJ~sted " II inl pro'ceeding" with th~s,-matte~, there are ~ resolut.ion~ whi~h would" have J;to be! prepared and considered at the July 13 "meeting. He recommended that'" Cohncil -direct staff to prepare the necessary resolutions"to place the :lssue oni the "vallot. Mayor "Smith'" stated that with the increase, the amount !f ,,' collected" at present'is small but "in the future it may be sizeable. "n'ii George Freudenberg," 477" .Tam1er Lane," and' representing the Chamber of" :, Coinmerce, 'Spoke in favor of the'increase, Council Member Hogan stated ,:that this is double taxation and he is opposed to an increase. Council Member" Vandeveer stated he is opposed to helping inflation and he feels such 'I an, increase would contribute. It was the. consensus of Council to conti~ue this item. ]f CITY COUNCIL ARROYO GRANDE, CALIFORNIA :i REPORT BY COUNCIL MEMBER MILLIS"ON HIS 'RECENT ATTENDANCE AT ZONE THREE Ii " ADVISORY COMMITTEE MEETING HELD ON 'JUNE 17;' 1982' , ,[ Council Member Millis stated that the B;~rd has overridden th~ objections" of the cities 'of Arroyo Grande and Pismo Beach to", the Count~ building the proposed hydroelectric plant. "He" stated tnat these cities'., pay 70% of the costs of Lopez and he proposed going to the Board of " Supervisors and objecting.' He' recommended" a letter be" sent requesting 'i Zohe Three to reconsider their action and-letters sent' to'other entiti~s asking for support. Council Members Gallagher and Hogan' agreed that the City should actively oppose Zone Three's action. Mayor Smith requested that such letters be sent~ doUncil Member Millis requested that this "it~m be placed on the next agenda and that Chairman Mankins be invited to attend. :: ADOPT RESOLUTION,ESTABLISHINGd"NO PARKING" ZONE ON 'WEST SIDE OF COURTLAND STREET ~i Public WorRs ,Director Karp" explained that "a" parking problem has developed on" the west side of Courtland'Street between Newport and'Grarid Avenue. "The pavement was originally constructed by the City to a wi:dth ad~quate for two" driving "lanes only. "Upon completion' of' the Lucky Market, a parking lane was installed with curb, gutter and'sidewalk on the eas~erly frontage between Brighton Avenue and Grand Avenue. - It apparently was not obvious to persons parking vehicles on Courtland Street that the parkirig lane exists only on the easterly side. As a result of vehicle parking il on' the westerly frontage, as well as the easterly frontage, through tr~ffic was blocked. He stated that this "action is recommended by the Parking iiand . , Traffic Commission. AttorneyShipsey read 'the title of the resolution; On'motion of Council Member Vandeveer, seconded by Council Member Galligher, it was unanimously voted 'to dispense'with further'reading of', the resollition. if i RESOLUTION NO. 1545 ~1" . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING A "NO PARKING" ZONE ON A PORTION OF C,oURTLAND STREET On motion of Vandeveer, and on the' , Hogan, seconded by Council cal~ vote, to wit: j Member :1 i II 1l -, Mayor " T .. j Smith Council Member following roll" AYES ,- NOES: ABSENT: Counci1:'Members None" ' None Vandeveer, , Gallagher," Millis, Hogan, the foregoing Resolution was_passed "and adopted "this 2~nd day of :i June, :11982. :! 166 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 22, 1982 PAGE SIX RESOLUTION NO; 1546 " , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING REQUIREMENTS FOR OFF-STREET PARKING ON GRAND AVENUE On motion Millis, and on the of Council Member Gallagher; following roll call' vote, to' seconded' by Council Member wit: AYES: NOES: ABSENT: Council Members Vandeveer, Gallagher, Millis, Mayor Smith Council Member Hogan None the foregoing Resolution was passed and adopted this 22nd day of June, 1982. ADOPT:::RESOLUTION ESTABLISHING "NO PARKING" ZONE AT THE NORTHWEST CORNER OF GRAND AVENUE AND ELM STREET Public Works Director Karp stated that ,an accident occurred on Grand Avenue as a result of blocked site ,distance by' a parked vehicle in front of' the Jack~in-the-Box,at the northwesterly corner at the Grand Avenue and'Elm Street intersection. He stated this action is recommended by the'Parking and Traffic'Commission. RESOLUTION NO.' 1547 A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF ARROYO GRANDE ESTABLISHING A "NO PARKING" ZONE ON A ,PORTION OF GRAND AVENUE On motion of' Council Member Gallagher, seconded by Council Member Vandeveer, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Vandeveer, Gallagher, Millis, Hogan, Mayor Smith None None the foregoing Resolution was passed and adopted this 22nd day of June, 1982. REPORT BY PUBLIC WORKS DIRECTOR ON EROSION CONTROL'MANAGEMENT AGREEMENT WITH REGIONAL WATER QUALITY CONTROL BOARD Public Works Director'Karp presented the agreement with the proposed changes. All Council Members indicated they had no objections to the final agreement. COUNCIL REVIEW AND DIRECTION RE: SAN LUIS OBISPO COUNTY AREA COUNCIL OF GOVERNMENTS AGENDA FOR MEETING OF JULY 1, 1982. The agenda was received. u u - n r 167 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 22,;, 1982 PAGE SEVEN I' I REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS FOR APPROVAL OF WT i, SPLIT CASE NO. 82-374, AG PARCEL MAP NO. 82-35, LEE WEBB AND JOHN ROSENLOFF (JAMES WAY CENTER) ,!, ' Public Works Director Karp stated that'the subject lot split ii is': a lot line adjustment between lots four and five of Tract" 604', also:f known as Oak Park Acres." " The purpose'of'the adjustment is to"facilitat~ construction of the Best Western'Motel complex, approved'by the'Plannirig' Commission and City Council at an earlier meeting. Approval requiremertts in~lude preparation of some drainage calculations, utility plans, a ' development plan which was approved on an earlier occasion, and installation of" appropriate drainage improvements required by the calculations. ;' In' addition to the approval,'the developer has been required to provide wa~er and sewer.ea~ements which will be necessary in order to install Ii future utilities to both parcels. The street tree fees have been coll~cted. He" recommended approval subject to the following conditions and findings: , :1 1) Find that required improvements are necessary prerequisites to the 'r orderly development of the community; "" 2) Accept on behalf of the public all of the easements as dedicated on the map,; 3) Accept on behalf of the public, easements dedicated for utility services stipulated by separate instruments; jl 4) Find that Parcel Map Ag 82-35 is consistent with the conditionally I: approved tentative map which was found consistent with the General Plan and City zoning; and Ordinance 140 C.S. which outlines specific zoning requirements for lots within Tract No. 604 (Oak Park Acres) ;:. I' 5) Approve Parcel Map No. 82-35 subject to receipt of executed water ~ine ii easement. On motion of Council Member Gallagher, seconded by it was unanimously voted to approve Parcel Map No. findings and conditions stated by Mr. Karp. " Council Member Hogan:, 82-35 subject to the WRITTEN COMMUNICATIONS , Administrator Sheldon stated a letter was received from the residents on Pearl Drive requesting permission for a block party on July 4, 1982.1; He stated approval has been granted by the Police Department. On motion of Council Member Millis, seconded by Council Member Gallagher, it was I' unanimously voted to approve the block party on Pearl Drive on July 4, 1'1982 from 2:00 P.M. to 10:00 P.M. ! ORAL COMMUNICATIONS - Council Member Gallagher asked information regarding the " oak trees on the parcel within Oak Park Acres surrounding the cemetery.' Public Works Director Karp stated that the grading plan shows the area entireiy in cut in order to accomplish the grading of the K-Mart pad. He further stated that the contractor has been told that the fill around the trees will have to be' removed as part of the permit. Council Member Gallagher indicated he will cont~ct Mr. Karp if questions arise. Council Member Gallagher stated he wishes to discuss the p~ocedure of the warrants and requested that it be placed on the next ~~enda. Council Member Millis stated he wishes direction from Council at the meeting of June 29 in regards to the proposed increase by the South San Luis Obispo County Sanitation District. He requested a breakdown of the budget by ;Staff of' the line items by the 29th meeting. Administrator Sheldon stated th~t it would be very difficult to provide this information in such a short lerigth of time, but suggested that Department Heads be present at that meeting t~ answer questions. 168 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JUNE 22, 1982 PAGE EIGHT ADJOURNMENT "On motion of Council Member Hogan, seconded" by Council"Member G~11agher, it was unanimously votedttb adj6urnat 10:35 P.M~ to a budget study session and public hearing for the purposesofi'discussing planned uses of revenue sharing funds and general city budget on June 29, 1982 at 7:30 P.M; "~~~ MAYOR ATTEST: (l h~f:JJ)u(J1/tU) DEPuTY"if CLERK u ~