Minutes 1981-08-11
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 11, 1981
The City Council met in -reguliu"'sessiim' witn Mayor' Pope - pn;siding'. Upon
roll call, coun'cil.'MernberEr\'~" Ann .~ltn~ Kari, A. Hog:an~ Mark M<;' Millis.'-
and Lawrence E~.' Vanaeveer- -rePl?rted present.---
PLEDGE OF ALLEGIANCE
Council Member Millis led the Pledge
TherEfafte'r~ Council MeiTtbe-r- Hogan ~delivered the
of Allegiance
Invocati'on.
to our Flag;
APPROVAL OF-MINUTES
On matron of COuTIc.il Member'Vaildeveer, seconded" 'by Counci-t Member
Hogan, it" was unanimously voted to ~appiove the" minutes.- of- July '23~ ~nd "28,
and August 6, 1981 as presented.
APPROVAL OF CONSENT AGENDA ITEMS
Council Member Smith ,requested' discussion of_item #2 and that'
it be wi tharaWn - from 'tile ' consent' agenda. Ori- motion - of COlincHMember
Vandeveer,- se<?onded by Courieil MEmmer Mil.l~-~:' it" was un~nimously voted .-to
approv~ the..~consent agenda "items" minus ltem #?---
A-2. Receipt of Answered Agenda' from- Plaiming Coffimission's Meeting of -
August '4;' 1981:-- RECOMMENoREVIEw' ANn FILE.' 'Couhcil Membe,; siri1 to!" aske,!'
questfcm's or.pta~!1iri~i Di:iec~o! Hays re<j~rdin9- c~-r.t-a.in iteIns~ ~n -the, ~.
Commis's'ion' 5 agenda. On- rriotion- of Council Member Smith,'- seconded -bY--
Council Member Vandeveer, it was unanimously voted to approve item #2-
with the recommended course of action.
A-I. Receipt of Departmental-Monthly Report for Month of July, 1981.
RECOMMEND REVIEW AND FILE.
A-3. Rec-eipt' of' Letter- .fr6In "Mfssie .:i?fres Hobson, Public Affairs Dire"6tor
of KSBY-TV,'with detailed infomation'on "HOW'TO'CALL AT KSBY':'TV".
RECOMMEND REVIEW AND REFERENCE FILE'-'
A-4. Receipt of Bimonthly'Report, MaY-/June,'198Y, of -Air' Pollution
Control District of County of San Luis Obispo;" RECOMMEND REvIEW AND FILE.
A-5. Receipt-of SCAT's' Ridership' Report-for Month-bf June, 1981;
RECOMMEND REVIEW ANn FILE. --,' - , , --, ~-
UPDATE AND FURTHER DISCUSSION RE: SEWER TREATMENT PLANT-CAPACITY-
Administrator Sheldon reported that at the August 5, 1981 meeting
of the South San Luis Obispo' County" Sanitation-District'; Councii Member
Millis made a motion to rescind the moratorium; per Council direction,
and the motion died for lack of a second. The City of Grover City
representatives_~ttended ~he meet~~g ~nd expressed concern_~~ thr~e maj?r
areas. in relation to the liftlng-6f" the morltorium." -He discussed
the ordinance proposed by the" Sanitati6n Dis'trict- reFating" to "se"rvice
charges and 'connectr6il charge'""s for the Dis'trict~"":--He- proposed five --r
alternatives'to'the'fees proposed in the Sanita~ion'Distrlct ordinance:'
Council Member Millis stated that Council should airect the City delegate
to either support the ordinance proposed or return to the next meeting
with alternatives. Council Member Hogan stated-that the hookup flee
proposed in the District's ordinance of $4,143 is unrealistic. Council
Member Vandeveer stated he is opposed to the ordinance: Mayor Pope agreed.
Roger Fuller, McKinley Street, proposed that Mayor-- Pope-- return as the
Ci ty IS representati ve-" to the" District Board ~ Eliz.3beth Jackson ( 208 Fairview,
stated that this issue should go to a vote of the'people. cReuben Kvidt,
1035 Acdrn, discussed the terms of the contract with the Sanitation District.
Ron - Bennett., Jim McGillis~, - Lonnie" Wells ,-- Herb Phillips, ~ Marie"- Cattoir,
Paul Haddocks, and Christine '- Phillip-s 'spoke to - the issue."
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 11, 1981
PAGE TWO
It was the ~onsensus of Council not- to support the ordinance fee of
$4,143. On-motion of Council Member Vandeveer, seconded by Council Member-
Hogan, it was unanimously voted to. oppose the. ordinance-as pre~ented.
Council Members Hogan and Vandeveer requested that Mayor Pope assume
his position on the Board of the Sanitation District. Mayor -Pope thanked
Council-Member Millis- for his service as delegate-and stated that he will
assume his position, on:.the Board. There' was discussion regarding proposed
methods of payment for the expansion of the sewer plant. On motion of
Council Member Vandeveer, seconded by Council Member Hogan, it was
unanimously voted-to direct Administrator Sheldon and Public-Works Director
Karp to develop a propos~d ordinance for collection of fees, based on'
concept only, of the ordinance presented.
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FURTHER DISCUSSION RE: OlIDINANCE TO EFFECT PREZONING TO "P-D" OF AREA
IDENTIFIED AS STEM ANNEXATION, FARROLL AVENUE, WEST OF CITY LIMITS
Administrator Sheldon read a letter from Evelyn Tallman-and'
a letter from the Coastal San Luis-Resource Conservation District opposing
the prezoning. Council Member, Millis proposed that the phrase be added
to the ordinance "Development plans as required by the P-D zone for this
property shall be approved by Ordinance." Planning Director -Hays stated
that any applications for this property will be by the Use Permit procedure.
Council Member Millis moved to amend the ordinance to. include the above
requirement and was seconded.by Council Member Smith. A roll call vote
was taken:
AYES: Council Members Smith and Millis
NOES: Council Members Hogan .and Vandeveer, Mayor ,Pope
ABSENT: None
City_AttorneyShipsey read the title of the. ordinance. On motion of Council
Member Vand~veer, seconded by Council Member Hogan., it was unanimously
voted to dispense with further reading of" the ordinance.
Council Member Millis. requested information regarding environmental treatment
for the project and cited a cou~t case in which -the City Council must make
an environmental determination a There was discussion regarding the
submitted enyironmental -form. Council Member" Vandeveer moved" to grant
a negative declaration for the project per the Form_B3 submitted and
reviewed by Council. The motion was seconded by Council Member Hogan.
A roll call vote was taken:
AYES: Council-Members Hogan and Vandeveer,_ Mayor Pope
NOES: Council Members Smith and Millis
ABSENT: None-
Council Member Millis stated approval of this rezoning is a blank-check.
Mayor Pope- stated that the owners must specify what type of development
is proposed when the application is made. Council-Member-Vandeveer agreed.
Council Member Smith stated she is opposed to the P-D zoning as it should
be designated as A, Agriculture.
ORDINANCE NO. 251C.S.
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AN ORDINANCE- OF THE CITY OF ARROYO GRANDE PREZONING
CERTAIN UNINCORPORATED TERRITORY ADJOINING THE
CITY OF ARROYO GRANDE PURSUANT-TO MUNICIPAL CODE
SECT~ON 9-4.3209 KNOWN AS THE STEM ANNEXATION
.On motion of Cou~cil Member Vandeveer, seconded by Council Member
Hogan, and on the fo;Llowing r.oll call vote, ",to wit::.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 11, 1981
PAGE THREE
AYES:
, NOES:
ABSENT,:
Council Members~Hog~n
Council"Members ,Smith
'None
Mayor Pope
Vandeveer,
Mi,11is u,
and
and
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passed apd adopted
this 11th day of August, 1981.
the foregoing Ordinance was
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CONTINUANCE OF APPOINTMENT TO PLANNING COMMISSION OF ,CITY OF ARROYO GRANDE'
Mayor'Pope nominated Mr. Harold R; 'Benhardt to serve'on the
Planning ~<?mrni~sion~ '+ Counci'l Member: .smith. .stated she .would..not._vote no
to Mr. Benhardt's'appointment, however, she felt that the^previous
commissioners. should have bee~ reappointed a . On-motion of Council Member
Vandeveer, seconded by Council Membe,r Hogan, it was unanimously voted
to appoint Mr. Harold R.Benhardt to serve on the Planning Commission.
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CONTINUANCE OF PUBLIC WORKS'DIRECTOR'S REQUEST FOR COUNCIL,APPROVAL OF
TRACT 945, ASH AND SPRUCE, STREETS,- SOTO ,PARK TERRACE--(VELAND)
Public Works Director Karp stated, that, the subject tract is
located on the northwest corner of the Ash and Spruce Streets intersection
and is a one lot subdivis.ion .which will contain~_?ix- air space-condominiums
units. Easements have been required, for._sewer main installation as .well
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as street trees. The map was approved by the Planning Commission in October,
1980. He recommended'approval subject to the ,following, conditions:
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1. Accept on behalf of the public the easements for sewer, and street
trees.
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2. Find that the required"improvements are necessary prerequisites to
the orderly development',of the community. '
3. Find that the' development, .is, consistent ,with the present zoning, R-G.
4. Find that. ,the ,development-is consistent with the, existing Land Use"
Elem.entof, the GeneraL Plan; "medium, high density, residential.
5.
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Authorize the Mayor to.execute bn
agreement ';'ithMr. Veland. _ ~", '
behalf of xhe public ,the, improvement ,
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On motion of Council Member Vandeveer, seconded by Council Member Hogan,
it was passed to approve ,Tract 945 subject to ,the conditions,stated.by
Mr. Karp.' 'Coii'ncil'Member'Srnith dis~ented;
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REQUEST FOR COUNCIL APPROVAL, OF, PARCEL"MAP,AG 81,.108, ,LOT SPLIT ,CASE NO.,,,
81-362, ARROYO GRANDE 'INVESTMENT CO.I"K~MART,,::__ ..,
" Public,Works Director Karp_stated that,thessUbject, lot split
is on the northerly' frontage of West, Branch, Street" just, east ,of, Oak,.'
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Park Boulevard., ,It .is a resubdivision, of Lot ,1' created by "then Oak Park
Acres Development and will create three parcels to"conform. with ,previously,
approved architectural review, cases ,ifor"K-Mart. He ,recommended approval
subject to the fo11o';'ing conditions:~ .,'
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1. Find, that ,the lot split is consistent with the zoning and specific
plan for Oak Park Acres; I .
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2. Accept anyeas'ements .offered to Ithe public as shown on ,the map
subject to-.completion of. rE:'!_quir~ents. : -._ ~..... M
3. Find that ,the ,improvements required with. future~development .is,
stipulated, by Ordinance' No.. 140 C.S.. and the Architectural. Review,
Committee are necessary, prerequisites"to .the orderly development ,of
the community. n^
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 11, 1981
PAGE FOUR
4. Approve Parcel Map No. 81-108.
On motion of Council Member Vandeveer, seconded by Council Member Hogan,
it was unanimously voted to approve the lot split and parcel map no. 81-108
subject to th~ conditions stated by Mr. Karp.
COUNCIL DISCUSSION AND,ADOPTION OF RESOLUTION OPPOSING INCREASE IN
PRISONER CAPACITY AT PRISON FACILITY OF CALIFORNIA , CORRECTIONAL SYSTEM
AT SAN LUIS OBISPO
City Attorney Shipsey read the resolution'in its ent'irety.
RESOLUTION NO. 1491
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE OPPOSING THE INCREASE IN
PRISONER CAPACITY AT THE PRISON FACILITY OF
THE CALIFORNIA CORRECTIONAL SYSTEM AT SAN LUIS
OBISPO, CALIFORNIA
On motion of Council Member Vandeveer, seconded by Council
Member Hogan, and on the following roll call vote,'to wit:
AYES:
NOES:
ABSENT:
Council Members Smith, Hogan, Millis, Vandevee~,Mayor Pope
None
None-
the foregoing Resolution was passed and adopted this 11th day of August, 1981.
RECOMMENDATION BY MAYOR POPE FOR COUNCIL TO REAFFIRM PHILOSOPHY OF
CREATION OF AREA COUNCIL OF GOVERNMENTS
Administrator Sheldon stated'that at the July'B, 1981 meeting' of
the Mayors of the Cities in the County, a motion was introduced and carried
to recommend that each city in 'the courity reaffirm their philosophy
on the creation of the 'San Luis Obispo County Council of Governments.
On motion of ~ounci~ ~ember V~nd~veer, seconded by Council Member Hogan,
it 'was unanimously 'voted to adopt a minute' order reaffirming the duties
and philosophy on the ,creation of the San Luis Obispo County Council of
Goverriments.
REQUEST' FOR COUNCIL APPROVAL OF APPLICATION FOR PRIVATE 'WATER WELL F'ROM
H.E. BEEN AT LOT 1 OF GREENWOOD TRACT, OFF FLORA ROAD
Public Works Director Karp stated the property is five acres
in size and fronts on an exf.s'ting water main- on Flora Road. The tract
was subdivided without main extensions to'lots four, and five, on the
grounds that those two lots would be permitted at some futu!e date to
apply for water wells. Mr. Been stated' that the well will' be used f?r
agriculture purposes only as it,'is financially unfeasible :to use, City
water. On motion of Council Member Smith, seconded by Council Member
Vandeveer, it was unanimously voted to grant .t~e request f~! _th€ private'
water well and that it be used only for agricultural purposes.
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PROPOSED CHANGES TO EXISTING COUNCIL POLICY AND CITY' CODE, I.E., LOCATION
OF MEETINGS AND COUNCIL AUTHORIZATION TO LEAVE THE STATE'
Administrator Sheldon stated that at t~~July 2B, 19B1 meeting
Mayor Pope requested that Staff review these tw6:areas of existing city
policy and/or city code. City Attorney Shipsey has reviewed the policy
of requesting permission to leave the state and has found that there
is no wri~~~n provision 6~'this subject. M~:' Sheldon-~resented'a .
propo~ed ordin~ce ame~ding the munici~al code' relating to the loca~ion
of Council meetings. Mr. Shipsey read the title of the ordinance to
constitute the first reading. On motion of Council Member Vandeveer,
seconded by Council Member Hogan, it was unanimously voted to dispense
with further reading of the ordinance.
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CITY'COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 11, '1981
PAGE FIVE
RECEIPT. OF REQUEST' BY CITY OF 'VALLEJO FOR CITIES ',TO~ ADOPT' A RESOLUTION IN
SUPPORT OF~THE EFFORTS OF~CLAYTON'MOORE;:'THE LONE-RANGER, TO'RE(];AIN . ~..,.,
HIS RIGHT TO WEAR THE TRADITIONAL LONE RANGER MASK ~.
Administrator Sheldon read the title of the resolution. On motion
of Council Member Vandeveer, seconded by Council Member Hogan-;-'it 'was
unanimously voted-to' dispense with fti~ther 'readihg-af-the resolution.
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RESOLUTION NO. 1492
A' RESOLUTION OF" THE CITY~"COUNCI'L OF' THE CITY
OF' ARROYO, GRANDE SUPPORTING'THE LONE RANGER IN..~:
HIS EFFORT 'TO' REGAIN HIS RIGHT TO WEAR THE
TRADITIONAL MASK~ .~, -' ..........
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...... . Oil motion of Council....Member Vandeveer,- seconded by- Council- Member' .
Hogan, arid on the following roll call'vote, to wit:
AYES:
NOES:'~
. ABSENT:~~
Council
"None
None
Members Smith I, Hogan, Millis, Vandeveer I Ma~o.r P01?8
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the foregoing Resolution~ was. passed and,,'adopted' this. 11th' day' of August" '.-1981.
APPROVAL OF WARRANTS
On 'motion of: Council Member Vandeveer~ seconded by Council Member
Hogan, ai1d~unaniIllouslS" carriedJDemimd' Warrants"#15676' through #15753 in'
the amount.. of $122~958:52 and' Payroll" Warrants #29365.through #20471
in the' amount of $65,522.68'were approved' and. ordered paid.
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CLOSED SESSION
Council
atlOiT5 P.M:
adjourned to a closed session at 9:55 P.M. and returned
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ORAL COMMUNICATIONS
Mayor Pope requested 'from Staff a time table on various curb ' '..
and gutter construction throughout the City; an update on the water well;
and' that the parking' lot.. at the Community .Building be cleaned, Council
Member Hogan requested Mayor-Pope to exercise every avenue' to. lift the'
sewer'moritorium. Marie Cattoir and Ella Honeycutt'spake'regarding the
sewer"moritorium. Chuch "Tempus ,commended Counci-l for their-dedication
to the City.~"
ADJOURNMENT . ," . ,....... ..'
: "On' motion of' Councir Member' Hogan; ~ seconded' by' Counci~l Member
Millis, it was unanimously voted to adjourn at 10:30 P:M. .
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ATTEST: r1~~~
.. DEP~11,ITY_ CL_E~
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