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Minutes 1982-02-23 n ..' r '-( 105 CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 23, 1982 The City. Council met in regu~ar session with roll call, Council Members-BlAnn. Smit?, Karl and Lawrence E. Vandeveer reported present. Mayar Pape presiding.. Upan .A. Hagan, Mark ,M. ,Millis:; -, PLEDGE OF. ALLEGIANCE Cauncil Member Vandeveer, led the Pledge,afAllegiance to. aur Flag. Thereafter, Council Member Hogan delivered the invocation. APPROVAL OF MINUTES On matian.,af Cauncil Member. Vandeveer,..secanded by Cauncil Member Smith, it was unanimausly vated to.. apprave the.minutes af,February 9, 1982 as presente~., : . APPROVAL OF WARRANTS On matian af Cauncil Member Vandeveer, secanded by Cauncil Member Smith, Demand Warrants, #16900 thraugh,#16990 in the amaunt af $78,043.54 and payrall Warrants #21748 thraugh #21833';in .the amaunt af $72,184.52 were appraved and.ardered paid. CONSENT AGENDA ITEMS On matian af Cauncil Member Hagan, secanded by Cauncil Member Vandeveer, it was unanimously voted to approve the Consent Agenda Items with the- recommended courses of. action~. ":' A-l. Request/Recammendatian far City Cauncil to. Direct a Letter af Rejectian by OPeratian af Law to. Dennis Ryan Levine, Incident af 10/17/81. RECOMMEND COUNCIL APPROVAL OF SUCH RECOMMENDATION.OF REJECTION. A-2. Receipt af Answered Agenda far Planning Cammissian Meeting af February 16, 1982. RECOMMEND REVIEW AND FILE. A-3. Receipt of Parks and Recreation Director's Report, Re. Parks and Recreatian Cammissian Meeting af February 10, 1982.: ::RECOMMEND' :REVIEW~'AND: FILE. ,"--,- . A-4. Receipt.af Manthly Repart by ,Chief Plant,OPeratar af Sauth San. Luis Obispo. County. Sanitatian District. "RECOMMEND REVIEW AND FILE. A-5. Receipt af Letter af Resignatian fram Allen Ries as Member af the Parking and Traffic Commissian, Effective 2/4/82. RECOMMEND RECEIVE ACCEPTANCE WITH REGRET, AND RECOMMEND LETTER OF THANKS. AND APPRECIATION CERTIFICATE BE PRESENTED.. A-6. Receipt af.Min~tes.afHuman Relatians Cammissian,af'Sauth San Luis Obispo. Caunty far Meetings af,December 2, 1981. and January 6, 1982. RECOMMEND REVIEW AND FILE. A-7. Receipt .from Sanic Cable TV, Statement af GrassReceipts~far 1981 and Recanciliatian af Grass ,Receipts and Franchise. Fee far 1981. RECOMMEND REVIEW AND FILE. A-8. Receipt af Variaus Reparts .fram San Luis Obispo. Caunty Air Pallutian Cantral District, i.e., Bimanthly Repart Cavering 11 and .12/81, and Quarterly Reparts far third and faurth quarters af 1981. RECOMMEND REVIEW AND FILE. A-9. Receipt af Legislative Bulletin af League af Califarnia Cities, No.. 7-1982. RECOMMEND REVIEW, APPLICABLE ACTION, IF ANY AND FILE. A-IO. Request to Set Date for Public Hearing on Appeal of Planning Comm~ssion's Decisian (Planning Cammissian Meeting af 2/16/82), Re. Case No.. 82-273, Martin Paale and Tham Head, Minar Subdivisian to. Create two. Parcels, Praperty Lacated aff Flara Raad and Branch Mill Raad. RECOMMEND APPROVAL OF DATE OF ~IARCH 9,. 1982 FOR PUBLIC HEARING. 106 CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 23, 1982 PAGE TWO A-II. Receipt of Various Financial Status Reports, Re. Health Benefits, from 1/1 - 12/21/81', Prepared by CCCJPA. RECOMMEND REVIEW AND FILE. A-12. Receipt of Invitation from Pismo Beach Chamber of Commerce to Attend Festivities of Mardi Gras.Celebration on Friday, February 26, 1982 at 7:00 P.M. RECOMMEND REVIEW AND FILE. SECOND READING OF ORDINANCE TO AMEND ZONING MAP OF CITY OF ARROYO GRANDE, 1385 BRIGHTON AVENUE (BADEN) City 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. 263 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING A PORTION OF THE ZONING MAP OF THE CITY OF ARROYO GRANDE REFERRED TO IN SECTION .302 OF TITLE 9, CHAPTER 4 OF THE MUNICIPAL CODE SO AS-TO REZONE CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE KNOWN AS 1385 BRIGHTON AVENUE On motion of Council Member Vandeveer, seconded by Council Member Hogan, and on the following roll call vote, to wit: AYES: NOES:' ABSENT: Council Council . None Members Hogan and Vandeveer, Mayor Pope Members Smith and Millis the foregoing Ordinance was passed and adopted this 23rd day of February, 1982. SECOND READING OF ORDINANCE TO AMEND ZONING MAP OF CITY OF ARROYO GRANDE,. 528 EAST BRANCH STREET (MORGAN) City 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. 264,C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING A PORTION OF THE ZONING MAP OF THE CITY OF ARROYO GRANDE REFERRED TO IN SECTION .302 OF TITLE 9, CHAPTER 4, OF THE MUNICIPAL CODE SO AS TO REZONE CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE KNOWN AS 528 EAST BRANCH STREET 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 ~ogan and Vandeveer, Mayor P~pe Council Members Smith and'Millis None the foregoing Ordinance was passed and adopted this 23rd day of February, 1982. u u ~ n 107 CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 23, 1982 PAGE THREE REQUEST BY RESIDENTS . ALONG' HALCYON ROAD FOR REMOVAL OF STREET TREES IN . SIDEWALK WELLS - Administrator Sheldon commented-~egarding.the-report'submitted by Parks' and Recreation Director Keisler. Mr., Keisler' presented three . alternativ::es regarding.the trees" and the costs involved with..each alternative: 1) retain the trees as they are and install brick in the planters; 2) remove the existing trees and plant an evergreen specie such as Evergreen Pear; or,c3)'. remove the trees -and concrete in' all. 'existing .tre~ wells. The Parks' and. Recreation' Commission has': recommended' that- the trees'remain and the tree. wells be filled with ei ther_ .brick or a pre-cast concrete' cover. Mr. Keisler recommended. that ..the trees not be removed'. Mr. Warren Henderson, 200 S. Halcyon, stated that the trees are causing the' sidewalks to break and clog the sewer line. He questioned the liability if someone is hurt.' Attorney Shipsey stated.that the City'can require the property owners to repair the cracks. H;M. Andrews, 219 S. Halcyon, stated he has found' 16 places wherecthe sidewalk has been raised from' the trees and others where the curb is broken. Roger Fuller, '260 S. Halcyon, stated that people'. ..... have fallen in the tree wells; people hit the::trees with their car doors; and others have driven over- the curb and run over the-.trees. Chuck Fellows, 202 Canyon. Way, suggested other types of trees.' Council' Member Vandeveer stated that if the trees are causing a dangerous. situation they should be removed and the.City.should.look at other-trees within' the-City that. are in' poor' condition. Council Member Millis.stated that the'City should not wait for citizens to. bring these problems to their atte'ntion' and" the. trees should be replaced over a period of time. Council Member Hogan stated.that'the City should replace those trees.causinga problem and.the City'should work.with the property owners.- Council'Member Smith stated-that the trees. should not- be removed and she recommended Staff's alternate #1 of retaining the trees and installing brick planters. It.was the consensus of Council that the Parks and Recreation Director investigate other similar problems within the City and budget in the 'upcoming budget. for a tree-removal'program for these trees and others within the'City. I J I I I I UPDATE/REPORT/DISCUSSION RE: AMENDMENT OF ORDINANCE RELATING TO SUBDIVISION PARK DEVELOPMENT FEES Administrator Sheldon reported.thaton January 12, 1982 Council- discussed the ordinance on park development fees. Specifically, the question delt with when there are' lot splits or subdivisions and the fee was charged to each of the lots, should the' fee be charged to that lot which has an existing bui~ding on it. Staff has prepared a report and referred the matter to the Parks and Recreation Commission .for their consideration".. He stated- that the Parks Commission 'recommends to oppose. any amendment to the ordinance. He presented a proposed amendment to the ordinance which states "except -for ~y site upon' which a residence has already been constructed and occupied~" Council Member Vandeveer stated that if a new house is constructed, it' should also pay the fee. Council Member Millis stated he'has no problem with.the.ordinance'as it is. Council Member Hogan agreed. Council Member. Smith questioned the amount of monies lost-if the fee'is not paid. Mayor Pope stated.that if both houses on. the same lot-must pay, ,it is double charging.. There was.,discussion regarding predating the .ordinance.to.allow. a'refund to Mr. Lechner. Attorney- Shipsey advised that there may be some difficulty in pre-dating an ordinance. Council Member'Vandeveer stated that Mr. Lechner should' have relief from the fee: Council Member' Millis stated-that 'it . would, Joe a-,gift-of public. funds to refund the money; Mr. Lechner chose to proceed"with.the-filing'of his map and- he could have waited until the- ordinance was changed." Council Member Hogan was in. favor of predating the ordinance- to January. - Council~-"Member Smith stated-the ordinance 'should be left'as'it. is.- 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"to constitute the "first reading.~ , 108 CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 23, 1982 PAGE FOUR COUNCIL REVIEW AND DIRECTION RE: SAN LUIS OBISPO AREA COUNCIL OF GOVERNMENTS' AGENDA FOR MARCH 4, 1982 Council Member Vandeveer stated that, as Council's representative, he cannot be present at this meeting, and requested'that Council appoint'an alternate. It was the consensus of Council that Mr. Hogan attend the meeting. REQUEST/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS FOR COUNCIL ADOPTION OF STANDARDS PERTAINING TO PRIVATE COMMUNITY WATER WELL 'SYSTEMS Mayor Pope requested that this item'be continued to allow further study of the proposed standards. Mr. Jim Garing, eng{neer on the standards; answered questions of Council. It was the consensus bf Council to continue this item to the next meeting.' u REPORT BY MAYOR POPE RE: ZONE THREE ADVISORY COMMITTEE MEETING~',HE:t.D ON FEBRUARY 18, 1982 Mayor Pope stated that there was discussion at the meeting of an electric plant for Lopez, but no definite plans have. yet been submitted. ADOPT RESOLUTION RE: STEM ANNEXATION TO CITY OF ARROYO GRANDE Administrator Sheldon stated that the purpose of the proposed resolution is to set a public hearing on the Stem Annexation. Usually this would not be required if LAFCO makes the finding'at'their hearing that because the area is uninhabited, a hearing' is not required. However, this finding was not made by LAFCO and'therefore the City is requiredcto hold the p~blic hearing. City AttorneyShipsey read the title of the resolution. On motion of Council Member Hogan, seconded by Council Member Vandeveer, it was unanimously voted to dispense with further reading of, the resolution. RESOLUTION NO., 1523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE INITIATING PROCEEDINGS FOR ANNEXATION OF THE STEM AREA TO THE CITY OF ARROYO GRANDE 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 Hogan, Millis, Vandeveer, ,Mayor Pope Council Member Smith None the foregoing Resolution was passed and adopted this 23rd day of February, 1982. ACCEPTANCE OF OFFERS OF DEDICATION FOR RIGHT OF WAY AND OTHER MATTERS SPECIFIC TO NEW ALIGNMENT OF OAK PARK BOULEVARD (NORTHERLY OF 'PROPOSED CHRISTIAN ACADEMY AND IN'VICINITYOF NOYES ROAD) Public'Works Director Karp reported that during the development of Tract 604, Oak Park Acres initiated and completed'realignment'of Oak Park u',' Boulevard and Noyes Road adjacent to the Tract. There is still an outstanding punch list as well'as performance bonds in force to guarantee that construction. One of'the items on the punch list which must be completed prior to the release of the' bonds is the provision of rights of way to the.:Ci ty for those portions on the road not previously dedicated. The developer has provided the appropriate documents to complete this item of the punch list. He' recommended that Council accept on behalf of the public thecoffers of dedication for rights of way appurtenant to Oak Park Boulevard and"Noyes Road and that the Mayor and City Clerk be authorized to execute the appropriate certificate of acceptance ,for subsequent recording of the dedications. On motion of CoUncil Member Vandeveer, seconded by Co~ncil Member Hogan, it was unanimously voted to accept Mr. Karp'.s recommendation and authorize the Mayor and City Clerk to execute ,the appropriate documents. .1 I r r f09 CITY COUNCIL ARROYO GRANDE, CALIFORNIA FEBRUARY 23, 1982 PAGE FIVE WRITTEN COMMUNICATIONS Administrator Sheldon stated that:a notice was receivea from the League of California CiHes requesting at least one-elected' 'o'ffidal 'horn each city to join a demonstration ,in 'Sacramento' on' March 17, '1982.' The purpose of the demonstration is to protest the Governor's proposed budget. It was requested that this item be returned at' the next meeting so' that Council Members mayeconsider the cost of attending the demonstration. ORAL COMMUNICATIONS Mr. John Smith, 382 S. Halcyon Road, commented regarding the street trees on Halcyon Road, and' stated-he is riot in favor of~removing the trees' comple~ely;but would liKe,too'see a different 'type' of ~ree'- Council Member Hogan requested Public Works Director Karp to check into the recently approved red zone on Halcyon as he has had complaints. ADJOURNMENT On motion of Council Member' Hogan;"se'conded' by'Cbunc1.l Melnber vandeve'er,- it was unanimously voted to adjoilrn at '9:00 P.M. ATTEST: (l;A1d~/4~ ~~m(JT;'~kRK ~ '~~ " , -,-~ -_r " " ~ -.; --.', " " '