Minutes 1982-08-24
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 24, 1982
The City Council met in regular session with Mayor Smitii""presiding. Upon
roll call; Council' Members Lawrence E: Vandeveer, Matt'Gallagher, Mark M.
Millis, and Karl A; Hogan reported present.
PLEDGE OF ALLEGiANCE, '
Council Member Millis led the Pledge 6i'Allegiance tO,our Flag:
Pastor Mike Deming of the Seventh Day Adventist Church; Arroyo Grande,
California, delivered the invocation.
APPROVAL OF MINUTES
On motion of Council Member Vandeveer, seconded by Council Member
G~llagher, it was ,unanirnou~iy, voted to approve the minutes of August 10, 1982.
APPROVAL OF WARRANTS
On motion of Council Member Vandeveer, seconded by Council Member
Gallagher, Demand Warrants '#18093 through #18304 and #P418 through #P427 in
the amount of $391,690.67-- and Payroll 'Warrants #23037 thr,?ugi,' #23132 in
the amount of $73,495.97 were'app'roved'and ordered paid.
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PRESENTATIONS
Mayor Smith stated she wished to remove item #5"from the Consent
Agenda regarding Beach Cities Little League Day. Council "concurred.
Mayor Smith presented certificates to each member of the Little League
'team and read' the proclamation proclaiming AuiJ'ist' 25, '1982" a's' "Beach Cities'
Little League Day" .
APPROVAL OF CONSENT AGENDA ITEMS '
. . On mo~~on of council,Me~b~r.Vandeveer!.secorided~~y'c?uncil Member
Gallagher, it' was unanimously voted to approve the Consent 'Agenda Items
with the reconunended courses of action, minus item- #5,. ~ ,".
A-I. ,Receipt of ,Statistical/Finance Report by Animal'Regulation Department
of County of San" Luis' obispo, Specific "to Arroyo Grande, ~for 4th "Quarter,
1981-82. RECOMMEND RECEIVE AND FILE.
A~2. Receipt of Report by San
Distr~ct'for Second Quarter of
Lui,,! Obispo, CountY,Air,:Pollution Control
1982: 'RECOMMEND'RECEIVE AND FILE.
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A-3. Receipt' ~f Parks - and" Recreatiori"Directo~1 s 'Report, oRe. 'Parks and"
Recreati6n'Commission Meeting of'August,12, 1982~ RECOMMENO'REVIEW'ANo'FILE.
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A~4~ Receipt of Legislative'Bull~tin'No.' 29 fr?ID_League of ~alif?rnia Cities,
arid Others. RECOMMEND REVIEW;'APPLICABLE AC?,ION, ,IF ANY, AND FILE~
NOMINATION BY MAYOR SMITH RE: PERSON FOR APPOINTMENT TO SOUTH COUNTY HUMAN
RELATIONS COMMISSION
, ' Mayor Smith stated that" she has not, received' any 'applications for
this Commission' and has no-appoi~tffien~ 'at this t~me:
SECOND READING OF ORDINANCE AMENDING'ZONING ORDINANCE OF THE CITY,'SECTIONS
9-4.1001 AND'9-4.1013, RELATIVE TO APPROVAL' OF DEVELOPMENT PLANS AND SIZE
OF PARCEL IN THE PLANNED DEVELOPMENT ZONING " DISTRICT
, Administrator Sheldon 'stated'that'this"is 'the second reading'of'
an ordinance to amend the 'zoning o"rdinance', pertinent to - approval of development
plans and'size of parcels in the'planned deveiopment district. 'Attorney'
Shipsey read~the title ~f 'the ordinance:' On motion'~f Council Member
Vandev~er, sec<?~ded by Coull:~il '.Membe~ Hogan_; it w~s unanimously voted t?
dispense with further reading of the -ordinance. Council Member-Millis
questioned wording in the 'ordinance a~,it pertains' to approvais'by'the,
Planning'Commission and'suggested that this be amended to include the c~ty
Council.. After di'scuss-{on, - Council'" Member Vande~~er ~rnoved"to continue the'
second reading of the ordinance until the return of Planning Director Hays.
Council Member Hogan seconded the motion and all voted in favor~
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 24, 1982
PAGE TWO
SECOND READING OF ORDINANCE.AMENDING TITLE 10, CHAPTER 1, SECTION .02 OF
MUNICIPAL CODE - SPECIFIC TO ATTENDANCE BY CITY COUNCIL MEMBERS AT PARKS
AND RECREATION-COMMISSION MEETINGS
Administrator Sheldon stated that this is the second reading
of the ordinance to amend conditions specific.to City Council members
attendance at the Parks and Recreation Commission meetings. Attorney
Shipsey read the title of the ordinance. On mbtion of Council Member
Gall~gher, -seconded by Council Member Vandeveer, it was unanimously voted
to dispense with further-reading of the ordinance.
ORDINANCE NO. 276 C.S.
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AN ORDINANCE OF THE CITY OF ARROYO GRANDE
AMENDING TITLE 10,_ CHAPTER 1, SECTION .02
OF THE MUNICIPAL CODE RELATING TO ATTENDANCE
OF COUNCIL MEMBERS AT PARKS AND RECREATION
COMMISSION MEETINGS
On motion of Council Member Gallagher, seconded by Council Member
Vandeveer, and on the following roll call vote; to wit:
AYES:
NOES:
ABSENT:
Council Members Vandeveer, Gallagher, Millis, Hogan, Mayor Smith
None
None
the foregoing Ordinance was passed and adopted this 24th day of August, 1982.
PROGRESS/STATUS REPORTS OF PENDING ITEMS OF BUSINESS FOR COUNCIL'S REVIEW/ACTION
;.c~:':T; Eucalyptus Trees Along The Pike
Update of Land Use Element
Tri-Cities Councils and Administrators Productivity Committee-
Rate Structure for South County Sanitary Service
Oak Hill Road
Drainage of Wells Property
Administrator Sheldon stated that there is nothing to report on these items.
REPORT BY COUNCIL MEMBER MILLIS ON ZONE THREE ADVISORY COMMITTEE MEETING OF
AUGUST 19, 1982-
Council Member Millis stated that the-Committee discussed- a special
district to take over both the Lopez recreational and the facilities of
the treatment plant. The Committee_voted 6.to 1 to request that the Board of
Supervisors provide a sum up to-$5,OOO to hire an-independent consultant to
look into the feasibility of proceeding with a special district taking over
the facilities. He stated that notification-will be made of. when this item
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will be before the Board of Supervisors. He requested that Mr. Karp, as
alternate, attend the meeting if he is unable to do so.
REQUEST BY PARKS AND RECREATION DIRECTOR FOR COUNCIL APPROVAL TO CALL FOR
BIDS ON RESTROOM FACILITY AT STROTHER PARK AND PICNIC AREA DEVELOPMENT
Parks and Recreation Director Keisler stated that Staff_ is requesting
that Council approve to call for bids for the Strother Park restroom
facility and picnic area. The bid package includes the restroom facility,
sidewalks, picnic area 'concrete slabs, walls, planters, fixtures for-wat~r
and electric and three barbeques. The package includes alternate~.for a
speaker area and the multi-purpose court. The budget for this project is
$72,000 and -is funded by, the -Roberti-Z'.Berg Grant of $39,000 and the 1980
Park Bond Act of $20,000 and City park,]development fees of $13,000. The
construction documents have been reviewed by the Parks and Recreation Commission
and they recorrunend approval. Mr. Rick Mason, .of Ruiz., Mason, and Orefice
architects, answered questions of Council as to the construction and landscaping
of the facilities. On motion of Council Member Vandeveer, seconded by
Council Member Gallagher, it was unanimously voted to approve the call for
bids ~or the restroom facility and picnic.area at Strother-Park.-
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 24, 1982
PAGE THREE
PUBLIC HEARING RE: ABANDONMENT OF PORTION OF SEWER LINE EASEMENT NORTHERLY
OF WEST BRANCH STREET AND EAsTERLY OF OAK PARK BOULEVARD AND ABANDONMENT OF
A PORTION OF'WEST BRANCH'STREET'INTHE'CITY OF ARROYO GRANDE
, 'Administrator Sheldon stated'that 'resolutions"were' adopted at
the last"meeting calling 'for- theseabandonmen'ts and'setting'this date as
the public hearing. 'The abandonment is for an unused sewer line easement ':'
located across the westerly side of the K~Mart property and a'portion' of
West Branch Street. The area has been posted and the 'abandonment advertised
as required by, 'law. Public Works Director Karp explained that these
abandonments are in onnection with a lot spli~ as a resubdivision of Parcel
A of. Parcel Map AG' 81'-108, previously known as'lot l'of Tract 604 of Oak
Park Acres. ,Mayor Smith'opened the public hearing 'for comments with'regard
to the abandonment of a'portion:of'WestcBranchcStreet';' There being'none,
the'hearing was closed. 'Attorney'Shipsey read the' title' of the resolution;'
On motion of Council~Memner-Vandeveer~ ,seconded by 'Council Member-Gallagher,
it was imanimously~voted'to dispense'with further'reading"of the' resolution.
RESOLUTION NO. 1662
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ORDERING THE ABANDONMENT OF
A PORTION OF WEST BRANCH STREET, IN THE CITY
~OF ARROYO GRANDE:; (STREETS AND 'HIGHWAYS CODE
SECTION 8323, ET '.sEQ~) , , '
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'On motion of Council 'Member' Vandeveer , seconded' by'Council Member
Gallagher, and 'on the' following 'roll call'vote; to wit: ' ,
AYES:' Council Members Vandeveer', Gallagher,-Millis, Hogan', "Mayor Smith
NOES: 'None
ABSENT: : "None
the'foregoing'Resolutionwas passed'and,adopted this 24th day of August; 1982.
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Mayor Smith opened the public hearing for comments regarding the abandonment
of the sewer line easement on West Branch Street. There being none,
the'hearing'was closed. Attorney Shipsey'read the title'of the resolution.
On 'motion of 'Council MembecGallagher,'seconded by 'Council Member Vandeveer,
it "was' unanimously voted'to' dispense with" further -reading of the' resolution.
.'RESOLUTION NO. '1663'-'
, A 'RESOLUTION' OF THE,'CITY' COUNCIL OF-THE CITY
OF ARROYO GRANDE ORDERING THE ABANDONMENT OF'
A PORTION OF A SEWER LINE EASEMENT NORTHERLY
OF WEST BRANCH STREET AND EASTERLY OF OAK PARK
BOULEVARD' (STREETS 'AND' HIGHWAYS CODE SECTION '8323, ET SEQ.)
On motion of Council Member Vandeveer, seconded by~Council Member
Gallagher, and on the following roll call vote, to wit:
AYES:
NOES:
'ABSENT :
Council Members Vandeveer, Gallagher, Millis, Hogan, Mayor Smith
None
'None
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the foregoing Resolution was passed and adopted this 24th day of 'August, 1982.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
AUGUST 24, 1982
PAGE FOUR
REPORT BY PUBLIC WORKS DIRECTOR ON 'RECEIPT OF APPROVAL OF ,LOAN FUNDS UNDER
CALIFORNIA SAFE DRINKING WATER BOND' LAW OF 1976 IN AMOUNT OF $746,650"
Administrator Sheldon stated that,Staff is recommending that Council
hold a study session because of the large amount of information that needs
to be transmitted on this item. It was the consensus of Council to'hbld a
study session on August 31, 1982 at 6:30 P.M.
REPORT/RECOMl'1ENDATION BY~DIRECTOR OF PUBLIC WORKS RE: GRAND OF EASEMENT
FOR UTILITY PURPOSES WITHIN THE K-MART SHOPPING CENTER
, Public Works' Director Karp stated that the referenced deed grants
access to the City over Parcels Band C of Parcel Map AG 81-108. These
parcels are ',those adjacent to the K-Mart side where the'shop buildings
are now under construction. With acceptance of this grant deed, the'City
will have adequate easements to maintain their facilities ,throughout
the shopping center. He recommended that' Council accept on 'behalf of
the public the partnership grant deed for utility purposes. On motion,:of
Council Member Vandeveer, seconded by Council Member Gallagher, it was
unanimously voted to accept on behalf of the public the easement for
utility purposes.
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ORAL COMMUNICATIONS ..
Council Member Gallagher stated that it has come to his attention that
Fire Chief Marsalek assisted a local family by ,responding by supplying oxygen
but more particularly the moral support he provided. He stated he wished to
commend Fire Chief Marsalek. Council Member Vandeveer requested that Oral
Communications remain open until after the Closed Session. Attorney Shipsey
advised that Council vote on this matter. Council Member Vandeveer.~oved
to continue the item ,of Oral Communications until after the Closed Session
and was seconded by Council Member Hogan. The motion was defeated with
Council Members Gallagher and Millis and Mayor Smith dissenting.
Hugh Pope, 723 Bennett, stated that the Press has been neglecting the coverage
of Case #50322 of the Superior Court. He urged citizens to',look into this
matter as it is costing the taxpayers., ..
CWSED SESSION'.
, 'Council adjourned to closed session at 8:20 P.M. and returned at
9:20 P.M. Mayor Smith stated that Council has voted to terminate the employment
of Bill Sheldon as City Administrator of the City of Arroyo 'Grande, effective
immediately. The Council voted to give Mr. Sheldon 60 days severance plus
benefits. The Council has also voted to appoint Chief Clark as Acting
Administrator. She stated that there will be advertisement for a new city
administrator and it is anticipated that the process will take approximately
90 to 125 days.
ADJOURNMENT
On motion of Council Member Gallagher, 'seconded by Council Member
Millis, the meeting was adjourned at 9:25 P.M. to a study session on
August 31, 1982 at 6:30 P.M.
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ATTEST:
MAYOR