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Minutes 1982-01-26 94 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JANUARY 26, 1982 The City Council met in regular session with roll call, Council Members. B'Ann.Smith, Karl and Lawrence E. Vandeveer reported present. 'Mayor.Pope presiding. Upon A.. ,Hogan, Mark. M. Millis, . PLEDGE OF ALLEGIANCE Council Member Vandeveer led the Pledge of Allegiance to our Flag. Thereafter, Reverend John Germain, Minister of Visitation, Arroyo-Grande, delivered the invocatiol"... APPROVAL OFMINUTES~ On motion of Council Member Vandeveer, seconded::.by.Council Member Hogan, it was unanimously voted to approve the minutes of 'january .12, 1982 as amended. u APPROVAL OF WARRANTS On motion of Council Member Smith, seconded by. Council Member Hogan, Demand Warrants #P0277 through #P0299 and #16710 through #16828. in the amount of $330,120.19 .and Payroll Warrants #21464 through #21644 in the amount of $123,705.90 were approved and ordered paid. CONSENT AGENDA ITEMS On motion of Council Member Smith, seconded by Council Member Hogan, it was unanimously voted to approve the Consent Agenda Items with the recommended courses of action. Council Member Vande~ee~ regu~~ted that letters of thanks be sent to those members of. the. League of ,'California Cities who voted against binding arbitration as'weii as letters to .t'hose who did not vote. A-I. Receipt of Answered Agenda for Planning Commission Meeting of January 19, 1982. RECOMMEND REVIEW AND FILE. A-2. Receipt of Parks and Recreation qirector's Report, Re. Parks and Recreation Commission Meeting of January 13, 1982 (Council Action Items, if any, are Listed Under New Business of this Agenda). RECOMMEND REVIEW AND FILE. A-3. Receipt of SCAT Monthly Report for Period of November, 1981. RECOMMEND REVIEW AND 'FILE. A-4. Request by Worldwide Marriage Encounter for Mayor to Proclaim February 14, 1982 as "We Believe in Marriage Day" in Arroyo Grande. RECOMMEND MAYOR SO PROCLAIM. A-5. Receipt of Legislative Bulletin (No. 3-1982) from League of California Cities. RECOMMEND REVIEW, APPLICABLE ACTION, IF ANY, AND FILE. A-6. Notification to Council of Change of Date of Public Hearing on Rezoning L I!I Case No. 81-161, Siegfried Baden, for General Plan Amendment and Zone , Change and Enviro~ental Determination at 1385 Brighton Avenue - Public Hearing Now Set for February 9, 1982. RECOMMEND COUNCIL SET SAID DATE FOR PUBLIC HEARING. A-7. Notification to Council of Change of Date of Public Hearing on Rezoning Case No. 81-162, Gerda and J. Bart Morgan, for General Plan Amendment and"Zone Change and Environmental Determination at 528 East Branch Street - Public Hearing Now Set for February 9, 1982. RECOMMEND COUNCIL SET SAID DATE FOR PUBLIC HEARING. r I: 95 CITY.COUNCIL ARROYO GRANDE, CALIFORNIA JANUARY 26, 1982 PAGE TWO SECOND READING OF ORDINANCE TO EFFECT AMENDMENT TO RESIDENTIAL SUBURBAN "R-S" DISTRICT RELATING .TO PRIVATE WATER WELLS SERVING. MORE THAN ONE RESIDENTIAL LOT . _ Attorney Shipsey read the title of..the ordinance, On motion of. Council Member 'Vandeveer, seconded by Council Member Hogan, it was ~assed to dispense with further reading. of the ordinance. Council.Member Smith dissented. ORDINANCE NO. 260 C.S. 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-SDISTRICT 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 Hogan and Vandeveer" Mayor Pope Council Members Smith and.Millis None the foregoing Ordinance was passed and adopted .this 26th day of January.. 1982. SECOND READING. OF ORDINANCE REPEALING CERTAIN.SECTION OF MUNICIPAL CODE, LE. TITLE 5, CHAPTER .12, SUBSECTION. 04 (a) ,. SPECIFIC:TO BINGO LICENSE .FEES 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. 261 C.S. AN ORDINANCE OF THE CITY OF ARROYO. GRANDE AMENDING CHAPTER 12 OF TITLE 5 OF THE ARROYO GRANDE. MUNICIPAL CODE BY REPEALING SUBSECTION .04(a) THEREOF TO DELETE PROVISIONS FOR A BINGO LICENSE FEE On motion of CounciL Member Smith, seconded by Council Member Vandeveer, and -on the following roll call vote, to wit:. AYES: NOES: ABSENT: . Council Member Smith, Hogan, Millis,. Vandeveer, Mayor Pope None None, the foregoing Ordinance was passed and adopted this 26th day of January, 1982. REPORT BY MAYOR POPE.. RE: ZONE .THREE ADVISORY COMMITTEE.MEETING HELD JANUARY 21, 1982.. MayorPope..stated .that .the .C-unty. is preparfng a ,feasibility study regarding a proposed pump between the-dam and the treatment plant to. generate..electricity.. The electricity would be sold to P.G. & E. It is: .suggested .that the sale .of the electricity will equal the power bill for t~e plant._ There was discussion.of this matter and Mayor Pope will report on later information. 96 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JANUARY 26, 1982 PAGE THREE COUNCIL REVIEW AND DIRECTION RE: SAN LUIS OBISPO COUNTY AREA OF GOVERNMENTS' AGENDA FOR SPECIAL MEETING OF FEBRUARY 4, 1982 Council Member Vandeveer spoke regarding the agenda items, particularly the proposed policy of COG" and requested direction as to the adoption of the policy. Administrator Sheldon stated that the pol~cy is also recommended by TTAC and the City Managers. On motion of Council Member Smith, seconded by Council Member Milli~, it was unanimously vot~d to approve adoption of the policy as follows: IIUnmet Transit Needs means a: deficiency in the current public transportation or specialized transportation system that is essential for mobility and is a specifically recommended transit servlce in the regional transportation plan and is not yet implemented or funded, ~nd is consistent with the recommended regional transit standards.~ u REQUEST/RECOMMENDATION BY CHIEF OF POLICE TO PURCHASE MATERIALS AND LABOR FOR SECURITY PURPOSES AT POLICE STATION'S LOBBY AND DISPATCH CENTER " Administrator Sheldon stated that this item w"s approved inJ,the 1981-82 budget. He explained ,that a bid was received from Brisco MiJl"and Lumber to inst,\ll te~pered, ..shatterproof glass at the front, counter"];eparating the lobby and"dispa'tch' center. The glass will be staticnary, with a center opening for conversation and a lower opening for transferr~ng pap~rs an~ other articles. The bid was in the amount of $421.23, which'is less than the $500 approved in the budget. On motion of Council Member Millis, seconded by Council Member Smith, it was u~animously voted! to authorize expenditure in the amount of $421.23 to purchase materials to install the necessary materials for security purposes at the Police Station. REQUEST/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS FOR RELIEF FROM ESTABLISHED STREET IMPROVEMENTS ON LE POINT TERRACE BETWEEN CROWN HILL AND BRANCH STREET Public Works Director Karp stated that on October 14, 1975 the City Council approved in concept the construction of Crown Street with sidewalk on only one side, and elimination of parking lanes. This decision was a result of a study which indicated physical constraints on either side of the Crown Hill right of way which would preclude improvement to a standard width. Mr. William J. Papich, Jr., has requested similar relief on the right of way adjacent to the property which lies on the southeast corner of Crown Hill and Le Point Ter~ace. ,Le Point Terrace northerly of Crown Hill has been developed by the developer of the Ryzner Townhouses to the same 28 foot widtho:as;:,approved for Crown Hill. The extension of'Le Point Terrace" has similar construction 'resulting from a severe drop in grade~between Crown Hill and Branch Street. Sidewalk has been previously developed on the westerly side of Le Point Terrace and will eventually line up 'with the sidewalk on Le Point Terrace northerly, of Crown Hill. Approving curb and gutter only on the easterly side of Le Point Terrace will enable the 28 feet street width to line,up directly with the curb and gutter constructed on the east side of Le Point Terrace northerly ,of Crown Hill. Access to the vacant lot will be gained from Le Point Terrace via an existing driveway which will be shared' wi th t~e :,y: property Downer directly to the south of the vacant lot. This will minimize turning move~ents entering and l~aving Crown Street as well as' Le Point Terrace. If parking is permitted on Le Point Terrace it will stil+ be possible for two cars to pass one another on the remaini~g pavement.' In light of the existing terrain and the location of existing homes on Le Point Terrace and Crown Hill, and minimal amount of traffic on Le Point Terrace, this solution appears to be the most reasonable. u r n 97 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JANUARY 26, 1982 PAGE FOUR Mr. Karp recommended that Council approve a cross section improvement on'=,Le PolIl;t Ter~ac.e similar to the one approved, for Crown Str~et f between Le Point Terrace 'and Pauld~rlg Intermediate SchooL :-On'modon of Council Membe~.V~ndeveer, seconded"!:?y Counci_l Member HC?gan, it wo3;s unanimously voted' 'to approve" the cross section iIDprovement on Le Point Terrace,'~~re ~pe~ific~lly describ~d as '28 feet ~f paving betw~en curbs with a sidewalk on the westerly frontage~ REQUEST/RECOMMENDATION FROM PARKS AND "RECREATIoN COMMISSIoN FOR COUNCIL CONSIDERATION OF ORDINANCE TO PROHIBIT GOLFING IN ANY FORM WITHIN THE CITY'S PARK AREAS Administrator Sheldon stated that the Parks and Recreation Commission, at their meeting of December 9,,1981 requested that an ordinance be adopted to prohibit golfing in City parks. An incident was cited at one of the parks arid'the danger of'a'child being hit. Attorney Shipsey read the title of the ordinance. On motion of Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to dispense with furt~er reading of the ordinance, to constitute the first reading., REPORT/RECOMMENDATION FOR COUNCIL APPROVAL OF LOT SPLIT, CASE NO. 79-314, PARCEL MAP AG 79-838, OAK PARK ACRES Public Works Director Karp explained that the 'subject map resubdivides lot 5 of Oak Park Acres into four parcels, ranging in size from .7 acres to 2.3 acres. Improvements have been required on the Oak Park and James Way frontage of the parcels. He stated: he understands the developer intends to bond for these improvements prior to the next City Council meeting. The~lot is zoned P-D, and planned Highway Service. Mr. Karp recommended approval subject to the following conditions: 1) Find that the required.,improvements are necessary prerequisites to the orderly development of the community. 2) Accept on behalf of the public the easements dedicated for water, sewer and drainage purposes. 3) Find that Parcel Map AG 79-838 is consistent with the General Plan and City zoning. On motion of Council Member Hogan, seconded by Council Member Vandeveer, it was unanimously voted to approve Parcel Map AG 79-838 subject to the conditions as stated by Mr. Karp. ADDITIONAL AGENDA ITEM:", Mayor Pope stated that a request was received from the Parking and Business Improyement Area Advisory Board to consider the delinquent payment of parking fees by Mr. Spinelli on Branch Street. Council concurred. Administrator Sheldon explained that Mr. Spinelli has been notified several times by mail of his delinquent fees and has not responded. Mr. Spinelli had appeared before the Board and requested a time extension which was granted. Mr. Sheldon requested Council direction and recommended that the Board's recommendation be followed of directing the City Attorney to take legal action. Mayor Pope questioned if the fee is to be paid by the owner of the property or the leasee. After discussion, it was the consensus of Council to schedule this item as a regular agenda item and notify Mr. Spinelli. 98 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JANUARY 26, 1982 PAGE FIVE ORAL COMMUNICATIONS Mr. Vincent Lechner, 237 Alder Street, requested, information regarding Council direction given to Staff at the last meeting to look into the requirements of park development fees. Mayor Pope dire~ted Staff to send Mr. Lechner an agenda when the item is Bcheduled'.Administrator Sheldon explained that the City Attorney is-checking into the revision of the ordinance. Mr. Lechner stated that he wished his park development fees to be refunded if the ordinance is changed. Administrator Sheldon gave a report regarding SB 1093 which is listed in the League of California Cities Bulletin. ADJOURNMENT On motion of Council Member Hogan, seconded by Council Member Vandeveer, it was unanimously voted to adjourn at 8:32 P.M. A~~"~ DEPUT TY CLERK ~~- '~7 //~ //C' ,.' ~ u u