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Minutes 1986-11-13 SP CITY COUNCIL NOVEMBER 13, 1986 ARROYO GRANDE, CALIFORNIA 6:30 P.M. The City Council met in a study session with Mayor B'Ann Smith presiding. Upon roll call, Councilmembers Dorace Johnson, Gene Moots and D. G. Porter were present. Also present were Gee Gee Soto and Ernie Ped, members of the Arroyo Grande Parks and Recreation Commission. City Manager Robert Mack stated the purpose of the study session, which was to discuss the future of the City property now leased by the Brush Poppers. He said he had conferred with the City Attorney and learned that the City cannot sell the property for less than fair market value. He said the City has an appraisal on the property dated December 20, 1985, of about $85,500.00. He said the property contains some improvements made by the Brush Poppers. He said that if the property is declared surplus, it must be offered to all public recreation agencies, specifically, the County, prior to its sale to private agencies. He said the statute's intent is to keep recreational property for recreatioal use. Brush Poppers members present at the meeting and asking the City to sell the land to them for a minimum price were JUDY GRUEN of 3120 Cienega and SHIRLEY MARTIN of 161 El Cerrito, Nipomo. They said the Brush Poppers do not have monies to purchase the property, and that all their funds are used for equipment. They said that $2 billion is spent in the State by people who have horses, and Brush Poppers spend their money in Arroyo Grande. They said that in the 21 years the Brush Poppers have used the arena, there has never been an accident. They said that in 1984 the City Attorney had recommended that the City Quick Claim the property to the Brush Poppers, and their present attorney has told them it would be legal for the City to sell the property to them for $1.00 per parcel. ANNE WESTERMAN of San Luis Obispo said the City should take care of this property just as it takes care of its other parks. She suggested that the City lease the property to the Brush Poppers for five years. Mayor Smith said the Council has to decide what is best for the City and the parks within the City. Commissioner So to said that all youth organizations that use the City parks pay a fee for that use and have insurance. Councilmember Johnson spoke about the liability insurance problem facing the City. Mr. Mack explained how the "deep pocket" insurance claims work against the City. He said he has proposed selling the property because of the liability exposure and potential loss to the City, and that he would 1 ike to see the nuney used to develop the parks in the City and serve more City residents. Commissioner Soto said the Parks and Recreation Commission was in agreement with Mr. Mack. Mr. Mack said other legal possibilities include the City and County trading properties. He suggested the Brush Poppers speak to the new South County Supervisor Jim Johnson. After more discussion, Councilmembers recommended that the Brush Poppers' attorney meet with the City Attorney to discuss the matter of the legality of selling the property under market value. The Council said an up-to-date appraisal of the property is needed, also. Mayor Smith, at Mrs. Gruen's request, said the item should be put on the next Council agenda, November 25, 1986, for further determination. The meeting was adjourned at 7:25 P.M. MAYOR ATTEST: CITY CLERK --~.