Minutes 1982-02-09
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99
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
FEBRUARY 9, '1982
The City Cauncil met in regular s~ssian with'Mayar Pope presiding.
rall call', Cauncil Members B'Ann Smith', Mark M. Millis a'nd Lawrence
Vandeveer reparted present. Cauncil' Member Hagan was absent.
Upan
E.
PLEDGE OF ALLEGIANCE
Cauncil Member Millis, led the Pledge 'af Allegiance to. aur Flag.
Thereafter, Reverend Robert J. Ba~ker, Open Door Church, Oceano, California,
delivered the invacatian.
APPROVAL OF MINUTES
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On motian af Cauncil Member Vandeveer~ 'secanded by Cauncil Member
Smith, it was unanimausly vated to. apprave the 'minutes af January 26, 1982
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as presented.
APPROVAL OF ,WARRANTS
On motion of Council Member Smith, seconded by_'Council Menlber
Vandeveer, DemandWarrants#P0300 thraugh #P033l and #16829 thraugh #16899
in the amaunt af $265,714.72 and Payrall Warrants #21645 thraugh #21747 in
the amaunt af $52,968.18 were app~aved and' ardered paid.
CONSENT'AGENDA ITEMS
On matian af Cauncil Member Smith, secanded by Cauncil Member
Vandeveer, it was unanimously voted to approve the Consent Agenda -Items
with the'recommended courses of action.'
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A-I. '-Request by Oceana/Five Cities Elks Ladge Na.' 2504 far Mayar to.
Praclaim'NATIONAL PATRIOTISM WEEK: during the periad of February' 15-21,' 1982,
in Arraya Grande. 'RECOMMEND' MAYO~ SO PROCLAIM.
A-2.' Request by Sacial Services 'Caardinating' .Cauncil" af 'San Luis Obispo.
Caunty far Mayar to. Declare the Manth af March as HUMAN 'SERVICES MONTH
in Arrayo. Grande'.- 'RECOMMEND"MAYOR SOPROCLAIM.-
A-3. Receipt af Departmental Manthly'Repart far January.;' 1982. 'RECOMMEND
REVIEW AND FILE.
A-4. Receipt of Letter from Federal Bureau of Investigation Commend~ng
Patral Officers Bab'Fuller and Jeff Salser of Arraya Grande Police Department
far Their High Level af .Prafessianal Campetency During Arrest af Marco.
Tedesco.. RECOMMEND 'REVIEW' AND FILE. '
A-5. 'Receipt af Minutes af Navember 13,1981 Meeting afChannel Caunties'
Divisian of-League 'af Califarnia Cities.' C' RECOMMEND REVIEW AND' FILE.
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Receipt of Minutes of' Planning 'Commission .for Meeting 'of February 2,
RECOMMEND REVIEW AND":FILE. ~
A-6.
1982.
A~7. Receipt ,af Legislative Bulletin (No.. 5-1982) fram League af Califarnia
Ci ties'. RECOMMEND ,REVIEW, APPLICABLE ACTION' IF' ANY, AND FILE.'
A-8. Receipt af 'Parking and Traffic Cammissian Minutes far the Meeting af
January' 25, 1982.' RECOMMEND REVIEW AND FILE, '
A-9. Receipt af'Minutes' afSpecial'Meeting af Parks and ,Recreatian Cammissian
an January 28, 1982, RECOMMEND REVIEW AND'FILE. '
100
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
FEBRUARY 9, 1982
PAGE TWO
SECOND READING OF ORDINANCE TO PROHIBIT GOLFING IN CITY'S PARK AREAS
Attorney Shipsey read the title of the ordinance. On motion' of
Council Member Smith, seconded by Council Member Vandeveer, it was
unanimously voted to dispense with further reading of the ordinance.
ORDINANCE NO. 262 C.S.'
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING CHAPTER 14, TITLE. 4 OF THE ARROYO
GRANDE MUNICIPAL CODE BY ADDING SUBPARAGRAPH (d)
TO SECTION 4-14.06 THEREOF TO PROHIBIT PLAYING
OF GOLF IN CITY PARKS
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On motion of Council Member Smith, seconded by Council Member
Vandeveer, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Smith, Millis, Vandeveer, Mayor Pope
None
Council Member Hogan
the foregoing Ordinance was passed and adopted this 9th day of February, 1982.
CONSIDERATION OF REQUEST BY PARKING AND BUSINESS IMPROVEMENT ADVISORY BOARD
TO PROCEED ON MATTER OF DELINQUENT PAYMENT OF PARKING FEES BY MR. SPINELLI,
BRANCH STREET
Administrator Sheldon stated that at tIle Jariuary 26, 1982 meeting
Council directed that this item be placed on this agenda and that Mr. Spinelli
be notified this item'would be discussed. A notice was sent to Mr. Spinelli
and no .response was received. A violation of the City Code constitutes a
misdemeanor, however, civil action" may be taken in this case. He recommended
that Attorney Shipsey be directed to proceed with the appropriate legal
action to insure collection of the fees. On motion of Council Member Vandeveer,
seconded by Council Member Smith, it was unanimously voted to direct Staff
to proceed with legal action for the collection of fees.
REQUEST BY RESIDENTS ALONG HALCYON ROAD FOR REMOVAL OF STREET TREES IN
SIDEWALK WELLS
COUNCIL MEllliERsHOGAN ARRIVED AT 'rRIS TIME (7:45 P.M.). 'Parks
and Recreation Director Keisler stated that a requ~st was. received from
the property owners along Halcyon Road for the removal of the trees.
According to City Ordinance Chapter 3, Title 10, Section 10-3-4 reads:
"Whenever a property owner desires to have a tree -removed from a planting.
strip, he or his agent shall apply to the Parks Director for a permit for'
such removal. If the tree is found to be in good condition and the permit
is granted solely for the convenience of the applicant, then'the full cost
of such removal and replacement shall be borne by the applicant." He
recommended that the trees'not be removed as he does not feel them to be
a hazard to pedestrians. NAOMI L. KEESAMAN, 150 S. Halcyon, stated that it
is hazardous to walk on the sidewalk when it is raining because the leaves
are slippery. H.M. ANDFEWS, 219 S. Halcyon, stated the trees were to
be 'evergreen and the fallen leaves are unsightly and are hazardous' to
children. He presented for information a bill for having his sewer cleaned
due to the trees. Mayor Pope suggested that the cost of the removal of the
trees should be borne by the property owners~ Council Men~er Millis stated
that the City can remove trees when a possible~liability exists. Council
Member Vandeveer agreed that it may be a hazardous situation if people can
slip on the leaves. Council Member Millis recommended that this item be
continued to the next meeting with alternatives from Staff regarding costs.
It was the consensus of Council to continue this item to the next meeting
and direct Staff to study the situation and return with alternatives to
alleviate the problem. c:::'"
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101
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
FEBRUARY 9, 1982
PAGE THREE
REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS REGARDING RESULTS OF
BID OPENING ON FENCING TO ENCLOSE PONDING BASIN ON SOUTH ELM STREET
Public Works Director Karp stated that bids were opened for this
project on February 2, 1982 at 2:00 P.M. Six bids were received, but
only five of them had been completed properly, .T~e bids. ranged from a.
low of $5,326.15 to $9,636.50. The engineer's estimate for the project
was $7,400. .He recommended that the contract be.awarded to Town and
Country Fencing of. San Luis Obispo in the amount of $5,326.15. On motion
of Council Member Vandeveer, ',se_~onded' by Council Member Smith,. it' was-
unanimously voted to. award the bid for the fencing to Town and Country
Fencing"in the amount of $5,326,15.
ADOPT RESOLUTION RE: SAFETY/LOSS CONTROL POLICIES.AND PROCEDURES FOR CITY
OF ARROYO GRANDE , .
.Administrato, Sheldon. stated that.the proposed Safety/Loss
Control Policies and Procedures is'cas.prog.ramcthat:,is.'put'otogetheLwl, th
other,cities of the Joint Powers Authority. C9uncil Member Vandeveer
stated that the document is well.organized.and should be adopted.
Attorney Shipsey.read the title .ofthe resolution. On motion 6fCouncil
Member Smith, seconded by Council i>[ember Milli.s:,.. it was unanimously voted to
dispense with further reading of the resolution. .
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RJ::SOLUTION.NO. 1521
A RESOLUTION OF THE CITY COUNCIL OF THE CITY.
OF ARROYO. GRANDE. ADOPTING S~ETY/LOSS CONTROL
.. POLICY AND,PROCEDURES FOR THE CITY OF'ARROYO GRANDE
"
" On motion of C9uncil Member ~mith, seconded by Council Member
Vandeveer, and on the"following roll call vote', to wit:
AYES:
NOES:
ABSENT':'
Council Members Smith, Hogan, Mtl~!s, Vandeveer, Mayor Pope
None
None
the foregoing Resolution was.passed and adopted this 9th day of February, 1982.
REPORT/RECOMMENDATION. BY PARKS AND RECREATION DIRECTOR FOR AUTHORiZATION TO.
INSTALL CONCRETE DUGOUTS AND PERMANENT BENCHES WITHIN SOTO SPORTS COMPLEX
Parks and Recreation Director Keisler stated that the improvements
are for Pilg, Campbell and Santos Fields in the amount of $3,050.and would
incl~de concrete dugouts, permanent benches and all. labor involved in
pouring the concrete slabs and construction of the benches. Presently
the dugouts are in poor condition and this expenditure would be the first
step in .improving the.conditions for the.baseball.and. softball leagues.
He added that an additional $200.would be required for construction of.
the steps at two set?~of.steps to equal $400. On ~otion of Co~ncil.Member
Vandeveer, seconded' by Council Member M~llis,_i~ was unanimously voted
to auth9rize the expenditure 9f $3,450 for concrete dugouts and.p~rmanent
benches.
RESOLUTION TO ESTABLISH NO PARKING ZONE ON PORTION.OF SOUTH
Attorney Shipsey read the t,itle .of.. the re?olution.
Council Member Smith, seconded by.Council Member.vandeveer,
voted to dispense with further reading of th~ resolu~ion.
HALCYON ROAD
On' .motion of
it was unanimously
RESOLUTION N(). 1522
A RESOLUTION OF THE CITY. COUNCIL OF THE CITY
OF ARROYO GRANDE ESTABLISHING A "NO PARKING"
ZONE ON A PORTION OF SOUTH HALCYON ROAD
On motion of Council Member Smith, seconded by Council Member
Hogan, and on the following roll call vote, to wit:
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102
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
FEBRUARY 9, 1982
PAGE FOUR
AYES:
NOES:
ABSENT:
Council Members Smith, Hogan, Millis, Vandeveer, Mayor Pope
None
None
the foregoing Resolution was passed and adopted this 9th day of February, 1982.
PUBLIC. HEARING ON,REZONING CASE NO. 81-161, SIEGFRIED BADEN, FOR. GENERAL PLAN
AMENDMENT, ZONE CHANGE AND ENVIRONMENTAL DETERMINATION AT 1385 BRIGHTON
Administrator'Sheldon submitted the. recommended procedure in U"
dealing with the public hearing, particularly the environmental determin~tion.
Planning Director Hays stated that the applicant is requesting a General Plan
amendment from Low Density Residential to Medium High Density Residential
of approximately two acres located at 1385 Brighton Avenue. The site is
zoned R~l and the applicant is requesting R-G zoning. The R-G zoning would
allow 17 units per acre. The Planning Commission held a public. hearing
on January 5, 1982 and a motion was made to deny the General Plan amendment.
The vote resulted in a 2 to 2 tie,'the effect being,that no action was taken.
However, the Planning Commission did recommend by a 3 to 2 vote that a
Negative Declaration be granted. Council Member Smith questioned Mr. Hays
regarding the environmental form. She stated that some of the questions
could be marked 'maybe' regarding effect to the environment. Mr. Hays
stated that the effects are determined as to 'significant' effects to the
environment. Council Member Millis agreed that some of thecitems should
be marked 'maybe'. The hearing having been properly noticed and published,
Mayor Pope opened it for comment. MITCH WALKER, representing Mr. Baden,
stated that the application before Council is not for the previously requested
R-3 zoning but for R-G zoning. MARGARET STONE, attorney representing the
surrounding property owners, agreed that the term. . significant' is not
clearly defined in the Act, but the ideas ,and opinions. of those affected are
as important as the definitions set forth. She stated that it was here
opinion .that Mr. Vandeveer should disqualify himself from consideration of
this application as he appealed the previous decision of the Planning Commission
and has voted on this property in the past. CLARK MOORE, 1180 Ash, stated
that drainage of this project will affect the surrounding neighborhood as
there will be no soil absorption of water. There being no other input
regarding the environmental determination, Council Member Vandeveer moved
to accept the recommendation of the Planning Commission and the Planning
Director" and approve a Negative Declaration for the .project and 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
Mayor Pope stated that testimony:'will now be received from the public
regarding the application and.opened the public hearing. MITCH WALKER,
representing' !1r: Baden, stated'that the previous, application for a zone U
change to'R~3 was'denied and the application is now for a zone change
to R-G, therefore, the question of Mr. Vandeveer's conflict of interest
should not apply. He gave a brief history of the subject property.
MARGARET STONE, attorney representing the surrounding property owners,
stated that in 1978 the zoning was changed to R-l ~o be consistent with
the General Plan and because the application is for the same property"
the question of a conflict of interest still exists. JOHN SILVA, 603 Newman,
opposed the application 'stating that apartments will increase traffic.
ELEANOR MURRAY, 290 N. Elm, stated that ,traffic on North Elm is a problem
now and will be increased with apartment development. __ '__ _. I
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CITY COUNCIL"
ARROYO GRANDE, CALIFORNIA
FEBRUARY 9, 1982
PAGE FIVE
T.L. HIGDON, 1~3" Fairvie~; KAY HOWREN, 351 Ledo Pl?ce; MATT GALLAGHER,
520 Leannai"MR. CROSWELL, 1204 Bri"gliton; Jomf GREEN, 174 Fairview;" " "
CORA HIGbON~~ 183 'Fai"~iew;" LOU DAVIS"; 1431 NewPort; D.G~" pORTER, 541" Ide;
CLEO sILVA, 195" Faii:Vi"ew;JOHN "KEEN~ 298N.' Elm; A: C_., " ANDERSON'," 17~ "" "
Fairview, DICK BFioWN,.'274 tL Elmi""JO:YCE BEELER, 1304' Brighton; .JOHN SILVA,
195 Fairview; ELIiABETH~.iACKSON; i08 Fa{rview, "BILL MCCANN, 575~rc:wn Hill~
and PHYLLIS RICHARDSON spoke in" opposit~o~ to" the appli~ation. ,JOYCE BEELER
read a letter 'in opposition' from MRS. ROSE:" There~ being no" further conunents,
the hearing was closed. Attorney Shipsey stated that Mr. Vandeveer has
no financial interest in the project, however, it must be Mr. Vandeveer1s
decision as to whether. th~re_.Js furt:her confl-tct. Co~nc~l ,Member Vandeveer
stated that he had appe~led the"previ9us application "because of the
Planning Conunission's ~ievote and,he felt ~he applicant should receive
a more definite decision. Coun~il 'Me~er.~~~t~ state~ tha~ Council
should represent the wishes of the people and she feels that a higher
density is. not proper for the area. Council Member Hogan stated that
a better use. "of thee,larid "should" be sought and some consideratio"i:. given
. . . "r.: . - c - - . _' .' . ~ . " u.. - - -
to the property owner. Mayor Pope agree. Council Member Millis stated
that the zoning was in conflict as ,the General Plan designated the property
as low density residential 'and, ~?s cliilnged to conform.. "-The Council should
look out for the people's interest. council Meffiber Vandeveer stated he
supports the property owner's rights and does not feel there will be an
"incre~se in t~affic. Attorney Shipsey read the resolution for the Gene~al
Plan change in its- entirety." .
RESOLUTION-' NO. '1519
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF "ARROYO <;!lANDE ADOPTING THE AM~~ED LAND USE
ELEMENT oy THE GE~ERAL" pLAN FOR THE AREA
KNO~AS 1385. BRIGH:mN AVE.!WE.
Member
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Op t;no'ti9n of, Coun~il Memper Van~eveer, seconded by.-:C9uncil
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 Resolution was passed and adopted this 9th day of February, 1982.
PUBLIC HEARING ON REZONING CASE NO. 81-162, GERDA AND J. BART MORGAN,
FOR GENERAL PLAN AMENDMENT.- ZONE CHANGE, AND ENVIRONMENTAL DETERMINATION
AT 528 EAST BRANCH STREET
Planning Director Hays stated that the application is for a General
Plan amendment and rezoning 'of property located at 528 East Branch Street
which cons~sts of .97 acres. The General Plan '~endment'requ~st is to
change the present designation from Low Density Residential (4.5 units per
acre) to Medium Low Density Residential (11.0 units per acre).' The zone
change is proposed from R-l (Single Family Residential) to R-2-D (Duplex
Residential with Design Development) in order to develop the site with three
duplex units or condominiums for a total of 6 units. The Planning Commission
held a public hearing on January 5, 1982 and recommend approval of the
General Plan amendment, rezoning, and the granting bf a Negative Declaration.
Jim McGillis,. representing 'the applicant, stated that he is in agreement
with the granting of a Negative Declaration. On motion of Council Member
~andeveer, seconded by Council Member Hogan, it was passed to grant a
Negative Declaration for the project. Council Members Smith and Millis
dissented. Mr. McGillis stated that the applicant is proposing a development
which will keep open space in the front of the property and access to the
creek in the rear. D.G. PORTER, 541 Ide Street, spoke regarding the project.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
FEBRUARY 9, 1982
PAGE SIX
A representative of E.C. Loomis & Son stated they have no objection to the
project but wished to point out the offensive smell from. their adjacent
fiberglass plant., Council Member 'Smith stated she is not in favor of the
application particularly due to the~ increased amount of traffic-on Branch
Street which would be generated by the development. Council Member Hogan
spoke in favor of the proposed design. Mayor Pope stated he is in
favor of the application as it will eliminate six' driveways .and is a good
use of the land. Council Member Vandeveer agreed. Attorney Shipsey
read the resolution for the General Plan Amendment in its entirety.
RESOLUTION NO. 1520
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADOPTING THE AMENDED LAND USE
ELEMENT OF THE 'GENERAL PLAN FOR THE AREA
KNOWN AS 528 EAST BRANCH STREET
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 Resolution was passed and' adopted this 9th day of February, 1982.
Attorney Shipsey read the ordinance for the rezoning in its entirety to
constitute the first reading.
ORAL COMMUNICATIONS
Mr. Manuel Cheveria requested information as to how Council intends
to deal with the shift of responsibility'that the federal government is making
t6~state and local entities. He spoke partfcularly concerning unemployment,
poverty, etc. Mayor Pope directed Council Member Vandeveer, as Councills
representative to the Economic Opportunity Commission, to bring this question
to their attention.
ADJOURNMENT
On motion of Council Member Hogan, seconded by Council Member
Millis, it was unanimously voted to adjourn at 10:25 P.M.
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DEPUTY Y CLERK
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