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Minutes 1982-03-23 r r ---1 115 CITY COUNCIL ARROYO GRANnE~'tALIFORNIA MARCH 23, 1982 ',I The City Council met in regular session 'with roll call, Council Members B'Ann Smith, Karl Lawrence'k. Vandeveer' rE,ported' p'reseht.' ',' ,.. I Mayor' Pope pre'siding. Upon A. Hogan, Mark M. Millis arid .... -- PLEDGE OF ALLEGIANCE Council MeIDber Smith'led the:Pledge of Allegiance' to'our Flag. Thereafter:, Reverend Hill, 'Cliiirch 'of God," Grover Citi{'; California, 'de11irered the invocatfon. APPROVAL OF MINUTES "On'ilIotion of Council MeIDber'Vandeveer, seconded by "Council' Member Hogan~ it was unanimously-voted to approve" the minutes of Mar'ch 9, 19'82', as pr~sented. ~: - " APPROVAL OF WARRANTS , On Incition'~of toinicil Member Hogan, seconded' by 'Council' Member " Vandeveer,Demand Warrants--#17063 th'reiugh#17159 iri'the amount eif $104;911.50 and'Payroll Warrants #21936 through' #22024' in'the amount eif $65,190.54~were approved and ordered paid,. CONSENT AGENDA ITEMS -'"On' motion' of Council Me:mher 'Hogan, -'seconded by Council" Member Vandeveer," it was uiiimimciuslyvoted'to apI;rove'tne cons'ent Agenda items: wi tn' "the recommended cour-ses ~ of action ;.- A:"i." '''Receipt of 'Plarining Meeting of March 16, 1982. and/or' Minutes 'for~ "ComInission's Answered Agenda' RECOMMEND REVIEW AND FILE. A-2. Request by San Luis'Obispo County Commission on Children for Declaration of' "Day of the' Child" on Aprii 3, 1982, in the Grande. ~,RECOMi~END,:,MAYOR:SO:i?RbcLAIM :SAID DAY. .. " and Youth . I .. ,City of ,:Arroyo A-3. 'Notification' of, and Inquiry; Re. City's' Pa"rticipation'in' Youth In Governmimt Day to be' Held May' 25~ ' 1982, in the Ci'ty of Arroyo 'Grande, F'rom' Arroyi,Gr",nde H'igh Scheiol Government" Teacher Mark' M~ '}lillis:' RECOMMEND, COUNCIL'S APPROVAL OF CITY'S PARTICIPATION AND SAID DATE; 'I A:'4. Request'by' George, DE!\ikinejian, Attorney'Genei:'al of 'State 'of"Californi'a for Proclainat'ion of NeighborhOOd Watch",'Month in Month o.f April, 1982' in: Arroyo Grande~' RECOMMEND 'MAYOR SO' PROCLAIM. ' A-5. Letter from League of California Cities, Re. Assembly Member Carol Hallett',s Outstandinci'Voting Record on Major Issues Affecting Cities 'iri 1981. RECOMMEND REVIEW AND DIRECTION OF LETTER OF COMMENDATION, THANKS AND APPRECIATION TO, 'ASSEMBLY' MEMBER' HALLETT:' A~6. Notification of Scheduled AdIDinistrative Hearing for'Presentation: of Proposed Uses of 1982-83 Reveriue Sharing'Funds, to be 'Hetd'on Monday', 'March' 29, 1982, at 4:00 ~.M~in' the Arroyo Grande City CoUncil Chambers. FOR INFORMATION PURPOSES ONLY AT ,THIS TIME. A-7. Request for Mayor Pope to Proclaim Public Through '23, 1982, in the'City'of Arroyo 'Grande, District. RECOMMEND MAYOR SO PROCLAIM. Schools Week from April 19 for Lucia Mar Unified S~hool if' A-8. Request'to Set Date for'Public Hearing on' Appeal of Plann1ng cOmffiission's Decision- of- De'r:~ai (P~lannln~( C?rnin~~sion M~e~ting. of' ~ar?,~. 2, 1982), Re'. :u~e Permit Case No. 81-314, W. Von Biskupsky/VIP Future C6rp~'i.'Coi1dominium Conversion of' 28-Unit Apartment Complex'too"Air Space'Condom1niUms, 1173 Fair Oaks,,:Avenue. RECOMMEND APPROVAL OF DATE OF APRIL 27, 1982 TO'HOLD PUBLIC'HEARING. 116 CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 23, 1982 PAGE TWO A-9. Receipt of Progress Payment Request No.7, Re.Construction of -2-Million Gallon Reservior and Pipeline System, by San Luis Tank Piping Construction, Co., Inc., in Amount of $31,427.37--So Approved by Public Works Director. RECOMMEND REVIEW AND COUNCIL'S APPROVAL FOR PAYMENT AS NOTED. A-IO. Receipt of Legislative Bulletin from-League of-California Cities, (No. 11), and Others. RECOMMEND REVIEW, APPLICABLE ACTION, IF ANY, AND FILE. A-II. Request by San Luis-Obispo County Symphony Association- for Actual Payment of Revenue Sharing Funds Previously Approved by City Council in 1981-82 Budget'.Year in A1iIount of $500. RECOMMEND COUNCIL AUTHORIZE SUCH DISBURSEMENT OF CITY FUNDS. u A-12. Reciept of Parks and Recreation Director's--.Report, Re.- Parks and Recreation Commission Meeting of March 10, 1982. RECOMMEND REVIEW AND FILE. PRESENTATION OF MAYOR POPE'S RECOMMENDED APPOINTMENT TO PARKING AND TRAFFIC COMMISSION Mayor-Pope stated that he wishes to have senior citizens be represented on the City's various boards and commissions and: so recommended Mr. C. .C. Sawyers, 299 Sunset Drive, for nomination. He requested that this item be placed on the next agenda for Council consideration, REPORT BY MAYOR POPE, ZONE THREE ADVISORY COMMITTEE MEETING OF_MARCH 18, 1982 Mayor-Pope stated that the d~scussion of- a electric generating plant in the main Lopez line has-been deferred for the' projected -'amount of return' figures from P.G. and E. He reported-that there has been. no storm damage to the recreational facilities at Lopez Lake. The committee also discussed the time limit in which the funds generated by recreational facilities will be used. REQUEST BY DIRECTOR-OF PUBLIC- WORKS FeR COUNCIL'S ACCEPTANCE OF ROADWAY RIGHT OF WAY ON GARDEN STREET, FROM JOSEPH E. ANDERSON, JR.' Public Works Director )<arp stated- that;:the proposed right of way acquisition on Garden Street will complete the full width improvements for sidewalk installation in that area. Tpe additional.width is between one and two feet by the length of the subject property. As in the -past-, the City has agreed to pay fo~ the concrete cost of-the area of right. of way conveyed by the owner of the property. He recommended on behalf of the public the grant deed for widening of improvements on Garden Street at the south- westerly corner of its intersection with Allen Street. On motion of Council Member Vandeveer, seconded by Council Me~er Hogan, it. was unanimously voted to accept the right of way, authorize completion of the appropriate certificate of acceptance and recordation of the deed. REQUEST/RECOMMENDATION -BY DIRECTOR OF PARKS AND RECREATION' TO PURCHASE. TABLE-TRUCK, FOLDING TABLES AND CHAIRS IN AMOUNT OF APPROXIMATELY $549.20 Mayor Pope stated that the request is for one table truck, twenty padded folding chairs and two eight-foot folding tables for a total of $549.20. He commented that the requested items should have been purchased earlier in the fiscal year. On motion of Council Member Vandeveer, seconded by Council Memb~r Hogan, it was unanimously voted to authorize the purchase of one table truck, twenty folding chairs and two eight-foot folding tables for $549.20. u PUBLIC HEARING RE: ANNEXATION OF STEM AREA TO CITY OF ARROYO GRANDE, FARROLL AVENUE ADJACENT TO WEST CITY LIMITS Planning Director Hays stated that on February 23, 1982 the City council adopted Resolution No. 1523 which initiated the proceedings for annexation of the Stem Area and set the public hearing for this date. Upon completion of the public hearing, if Council wishes' to annex the property, . he recommended adoption of- the resolution ordering the annexation. He added that tfietannexa;tion:Lis proposed by LAFCO. I: I ~ ~ ''--'' , , 117 CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 23, 1982 PAGE THREE Mayor Pope questioned if any type of construction could take place on the property without a permit. Planning Director Hays stated that application fot 'any- construction must': be 'made- in the form of a Development Permit. ,~, Council Member Vandeveer questioned- ,the 'amount of, property"to be annexed by',; the - City of - Arroyo' Grande. 'Mr~" Hays stated' that' approximately ,30 acres is 'propos'ed to be' annexed by the",City of- Arroyo Grande; The hearing having - been properly noticed and published,'Mayor Pope' opened it for public, co~ent. ELIZABETH 'JACKSON, 208 Fairview'Drive, questioned the"location of the' property on the map and the procedure for a permit. PAUL HADDOCKS, 58?,! Valley Road, stated that the property should be annexed as agriculture.' Mayor Pope read a letter from Mr. and Mrs; Wayne Taylor, 442 Golden West Place, protesting the proposed annexation. There being no further comments, the hearing was closed. 'Mayor Pope recommended upholding LAFCO's approval of annexatiori of the property. Couricil Member Smith questioned what permits would be required for development. Planning Director Hays stated that a '~ Development Permit would be required before the Planning Commission and, a subdivision map; both procedures could be conducted concurrently. Council Member Smith asked how an'environmental'impact report would'be'handled if one were required. Mr. Hays" stated' that in' LAFCO' s approval it was ,stated' that the City should consider various environmental concerns. Council Member Smith stated that she' feels" the property should be zoned 'A', Agricultmce. She also asked if all property owners in the subject area have agreed to the annexation. Mr. Hays stated that they have all been notified and none have objected. Counc:i12Member;'Millis'<stated"that'the,'propertyoshould be annexed "but nis 'concern', is' the PDzoning, particularly the' way it is written. He" stated that the Use Permit procedure should be through the City Council as well as the Planning Commission. 'Council Member Vandeveer stated that there are controls attached to' the PD zoning and'he sees no problem with a lack of control' on- the permit." Mayor Pope stated' that', he is in favor of the PD zoning because it does contain controls to require that the property is developed wisely. He pointed out that any council member may appeal' a decision of the Planning Commission: Attorney Shipsey stated that the ,I finding should be added to the resolution to state "that it is hereby determined that the property owners and residents within the' area to be annexed ha~e filed no written protest to said annexation~n It was the consensus of Council to add this finding. Mr; Shipsey read the title of the resolution. On motion of Council Member . Vandeveer ~n seconded by Council:- Member Hogan, it was passed to dispense with further reading of the resolution. Council' Members Smith and Millis' dissented. , - RESOLUTION NO. 1529 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ANNEXING THE STEM AREA TO THE CITY OF ARROYO'GRANDE On motion of Council Member Vandeveer, seconded by Council Member Hogan, and on'the following'roll ,call-vote, to wit:- ",I' -, AYES: 'Council Members Hogan and Vandeveer; Mayor-Pope NOES: ".. Council' Members' Smith and Millis ABSENT: None'-- the foregoing' Resolution was passed and 'adopted: ,this" 23rd day of March'i'; 1982. 7. WRITTEN COMMUNICATIONS Mayor Pope stated that he has met with Mr. Tooker on'Sunset Drive regarding their drairiage problem: ' He' stated that the problem needs to be looked' into 'and requested Staff 'to place this : item on the next- agenda - and' that Staff obtain 'a profe'ssional: negotiator"to' obtain 'the necessary rights-of-way. He'also ,requested that ,Staff provide a timetable for 'the project~' 118 CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 23, 1982 PAGE FOUR Mayor Pope presented two emergency 'items for Council consideration. It was the consensus of Council to consider these items. 'The items consisted of two resolutions commending Mayor Schwartz arid Council Member Minshull of the City of Paso Robles. Attorney Shipsey'read the title 'of, the resolution for Mayor Schwartz. 'On motion of Council Member Vandeveer, seconded by Council Member Hogan, it ,was unanimously voted to dispense with'further reading of the resolution. RESOLUTION NO. 1527" J A RESOLUTION OF THE CITY COUNCIL OF THE CITY .oF ARROYO'GRANDE HONORING MAYOR'BARNEY SCHWARTZ FOR HIS OUTSTANDING SERVICE TO THE CITY OF EL PASO DE ROBLES On motion bf Council Member Vandeveer, seconded by Council'Member Smith, and on the'following roll'call vote, to wit: AYES: NOES: ABSENT: Council Members' Smith; Hogan; Millis, Vandeveer, Mayor Pope None None the foregoing Resolution'was passed and' adopted this 23rd day of March, 1982. Attorney Shipsey read the title of the resolution honoring Council Member Minshull. On motion of Council Member Smith, seconded by Council Member Vandeveer, it was unanimously voted to dispense .with further reading of the resolution. 'RESOLUTION. NO. 1528 A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE':HONORING TERRY MINSHULL, MAYOR PRO TEM OF THE CITY'OF EL PASO DE ROBLES ON HIS RETIRE~lliNT FROM PUBLIC SERVICE TO THE CITY COUNCIL 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, Hogan, Millis, Vandeveer, Mayor Pope None None the foregoing Resolution was passed and adopted this 23rd day of March, 1982. Administrator Sheldon reported on the trip to Sacramento to protest the Governor's budget. He stated that he,,'andrCouric:i:luMerilDer Vandeveer; the cities L!i,1 of Paso Robles, Atascadero, and San Luis Obispo' were represented-~_h Meetings were held with Don Rogers, Kern County; Mr'. Bennett of'Assemblywoman Hallett's office; Senators Omar Rains and staff; and Senators Mello and Maddy. Over 300 cities were in attendance and the Department of Finance has been directed to revise the budget: Council Member Vandeveer added that-Senator Mello stated he was pleased to see cities active. ORAL COMMUNICATIONS Mr. Joe Quealy of the Central California "Blue Grass Association, stated his organization is planning to hbld concerts at the South County Regional Center and ,requested a waiver of the $100 fee. After discussion, it was the consensus of Council that Mr. Quealy return at the next meeting with information as to if his organization is raising funds for charity as the ordinance allows waivers only if that is the case. r r 119 CITY COUNCIL ARROYO GRANDE, CALIFORNIA MARCH 23, 1982 PAGE FIVE" Council Member Smith stated she wished to call Council's attention to an I . . - .. . ,-, _ .. action taken bytI1e"'Planning Corrariission""at"tlieir meeting of March 2," "1982. The 'corriin"iss'ion' granted 'a' waiver of" five parkin'g 'spaces to a' P-foposed bukiness at: the present location of the Bridle' :and Saddle 'shop' on" Grand' Avenue~ "1lShe stated that although she did not appeal the action she felt it was 'I . - ' inappropriate as parking spaces should be required ofcevery business when they apply rather than" later.' She" also' commented" regarding the Parks arid Recreation 'Coirimissiorils "request":of a jo1nt" meeting wi"tll Ccnii1cil. "No "date was seta ,;,,' ADJOURNMENT On moti6n~~ Counc~l Member Hogan, seconded by Council Member Millis, it'was unanimously voted to adjourn' at" 8:55 P.M~ . ",~. ",' ATTEST: {!h1~ DEPUTY Y CLERK "'"'" , -, --'I " , .'! "' ,