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Minutes 1981-01-27 I n I 4431 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JANUARY 27, 1981 The City Council met in regular session with Mayor Pope presiding. Upon I roll call, Council Members Karl A. Hogan, Mark M~ Millis, Lawrence E. I Vandeveer', and BlAnn Smith reported present._ , PLEDGE OF ALLEGIANCE AND' INVOCATION Mayor Pope led the' Pledge of Allegiance to our Flag. Thereafter,' Reverend Robert J. Banker,' Open Door Church,' Oceano',' California, delivered the invocation. APPROVAL OF MINUTES Upon 'motion of Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to 'approve the minutes of January' 13 and 14, 1981 as presented. APPROVAL OF WARRANTS On motion of Council Member Smith," seconded by Council Member Vandeveer, and unanimously carried, Demand Warrants #14299 through #14415' in the amount of $60,560.5] and Payroll Warrants #18874 through #19060 in the amount of ' $113,674~84 were approved and ordered paid. APPROVAL' OF CONSENT AGENDA ITEMS" On motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously voted to approve the Consent Agenda Items. Council Member Vandeveer commended the Police Department and Fire Department on their 1980" Annual Report. i A-I. Receipt of Joint Powers Monthly Report on Liability Ins~rance Management Summary Report. Workers' Compensation and RECOMMEND RECEIVE AND FILE. A-2. Receipt of Latest League of California Cities' Legislative Bulletin <'and Others. RECOMMEND RECEIVE AND' FILE. A-3. Receipt of Brief Update Report on Telephone Cost Since Installation of Telephone West. 'RECOMMEND RECEIVE AND'FILE. A-4. Receipt of 1980, Annual Report on Police Activities by Chief of Police Jim C. Clark. RECOMMEND RECEIVE AND FILE. A-5. Receipt of 1980 Annual Report on Police Reserve Program by Sergeant E,H. Allen. RECOMMEND 'RECEIVE AND FILE. )l:",6.' Receipt of 1980 Chief Tony Matsalek. Annual Report of Fire Department Activities by Fire RECOMMEND RECEIVE AND FILE. A-7. Letter of Appreciation to Police Officer Jeff Salser from Robert A. Rowe, Principal, Shell Beach Elementary School. RECOMMEND RECEIVE AND PLACE IN EMPLOYEE'S FILE. I , A-8. Letter of Appreciation, Re. Juvenile Office Program'in the Five Cities Area, Charlesl,Bowles, Principal, Ocean View Elementary School. RECOMMEND RECEIVE AND FILE. A-9. Receipt of Monthly Report on SCAT. RECOMMEND RECEIVE AND FILE. ITEMS WITHDRAWN FROM AGENDA -,B-1, C-ll, D-2, and D-3. " PROGRESS REPORTS _ VARIOUS CITY PROJECTS COMMUNITY BUILD~NG - Administrator Butch reported it is time for the seventh progress payment on the Community Building in the amount of $26,469.41 and recommend~d it be paid. On motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously voted to make the seventh progress payment in th~ amount of $26,469.41 for the Community Building. ,i J 444 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JANUARY 27, 1981 PAGE TWO / / V FIRE STATION - Administrator Butch reported the fourth progress payment in the amount of $86,816.70_is due and recommended it be paid. On motion of Council Member Vandeveer, seconded by Council Member Smith, it was unanimously voted to pay progress payment,#A,in"the"amount of $86,816.70. Administrator Butch stated that by narrowing the size of the2property down there could be provided additional parking which caused a 'deed swap'. He stated that the quitclaim deed is not yet ready and requested continuance of this item. Council concurred. WATER RESERVOIR - City Attorney Shipsey reported that the complaint has been filed with the County Clerk's office on the Marsalek and the Fredrick properties. City Engineer Karp stated that he hopes to have a report at the next meeting. u REPORT AND RECOMMENDATION OF PLANNING COMMISSION, MEETING OF JANUARY 20, 1981 a) Ordinance First'cReading on Pre zoning Case No. 80 148, Brisco Island, El Camino Real Annexation No. 1 Administrator Butch read the title of the ordinance: On motion of Council Member Smith, seconded by Council Member Hogan, it was voted to dispense with further reading of the ordinance. ,Council Member Millis, abstained. b) Recommendation on Rezoning Case No. 81-50, General Plan and Zone Change from "All Agricultural District to "p_e" Professional Coriunercial District, Fair Oaks Avenue (Wood Funeral Home). Public Hearing set for February 10, 1981 at 8:00 P.M. REPORT AND RECOMMENDATION OF PARKS AND RECREATION COMMISSION, MEETINGS OF DECEMBER 10,1980 AND' JANUARY' 9, 198L.' a) Continued Discussion on Recommendation that Council Name the New Tennis Courts at Sata Sports Complex "Theis-Keisler Courts~~ Administrator Butch stated that this item was discussed at the last meeting and was continued to this meeting. Council Member Millis moved to name the tennis courts at the Sota Sports Comples "Theis-Keisler Courts" and was seconded by Council Member Smith. Council Member Smith stated that monuments should be named after persons who are still living so that they may enjoy the recogniation. It makes no difference that Mr. Keisler is a city employee and recognition should go to those persons who have given the extra effort. Council Member Hogan stated that he will go with public opinion. Mayor Pope stated that no facility should be named after city employees but should be named for someone who has passed away. D.G. PORTER recommended that the courts be named as recommended as Mr: Keisler worked evenings and weekends on the development of the courts. Council Member Vandeveer stated that the courts should, at this point, be' named as recommended. A roll call vote was taken: AYES: Council Members Smith, Millis, and Vandeveer NOES: Council Member Hogan and'Mayor Pope ABSENT: None u SECOND READING OF ORDINANCE - REZONING CASE NO. 80-143, GRANDE HIGHLANDS (SAN LUIS ENGINEERING), ZONE CHANGE FROM "A" DISTRICT TO "p D" DISTRICT (BUSICK AND GEARING) Administrator Butch 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 re~dirig of the ordinance. n n 1 I '14451 ! I CITY COUNCIL i ARROYO GRANDE, CALIFORNIA JANUARY 27, 1981 PAGE THREE ORDINANCE NO. 243 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING A PORTION OF THE ZONING MAP OF ARROYO GRANDE REFERRED TO IN SECTION .302 OF TITLE 9, CHAPTE~ 4" OF THE, MUNICIPAL CODE SO AS TO REZONE CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE KNOWN AS GRANDE HIGHLANDS On mo~ion of Council Member Hogan~ seconded by Council Member Vandeveer, ana on the' following r~ll call vote, to wit: AYES: NOES:: ABSENT: : ! Council Members Hogan,'" Vandeveer,,' and Mayor Pope Council Members Smith and Millis None the foregoing: Ordinance was passed and adopted this 27th'daY,of January, 1981. Council Member Millis stated that this ordinance is premature as there are many problems: to be worked out, particularly drainage and traffic. Adopting this ordinance is a serious mistake because there will be problems 15 to 20 , years from now. Council Member Hogan stated that this request has been before the city for 3 years and is not premature. The consumer must pay in the long run. ! CONTINUED PUBLIC HEARING - REZONING CASE NO. 80-145 FROM "RA-B3" DISTRICT TO "RA-B2" DISTRICT, TALLY HO ROAD (LAVINE) On motion of Council Member Smith, seconded by Council,Member Vandeveer, itiwas unanimously"voted to continue thispubli", hearing to the next meeting of 'February 10, 1981. , CONTINUED PUBLIC HEARING REGARDING REQUEST FOR RENT STABILIZATION ORDINANCE FOR MOBILE HOME PARKS IN THE'CITY OF ARROYO GRANDE Administrator Butch stated that this hearing was continued from the last meeting to gather more ,information. He introduced Mr. Dan Delac" Administrative Assistant'i"City':of Salinas. Mr. Butch stated that the City of Salinas ha~ a Rent Mediation Program which has proved to be effective. Mr. Delac stated that in 1979 the City of Salinas received requests for a rent control ordinance to include apartments and in June 1979 an initiative was placed be~ore the voters and was defeated. Howev~r, a 'rent medi~tion program was established to assist both parties in reaching a mutual agreement. The program was implemented in November, 197,9"and consider approximately 15 cases per mon~h. There is no cost to the participants. ,Mr~ Delac answered questions from the audience. 'GEORGE HILL, 288 Sunrise; BERNARD BURKE, 804 I . . _ ". Kingsbury; ROBERT HART, Hacienda del pismo; MORRIS LEVIN, Hacienda del Pismo; MADELINE BURKE, JOHN COON, PAULINE SALERS, DICK BEAN, and TONY AZEVEDO spoke to the questiqn. There being Ilia further comment,'~'the hearing was closed. After discussion, Mr. Burn, owner of Sunrise Mobile Home Park, indicated he wished to meet with the residents and try to reach an agreement without creating any type of board. It was the consensus of all parties concerned that' the owner ,and rent~rs will m~et to reach an agreeme~t and return to Council. On motion of Council Member Hogan, seconde~ by Council Member Vandeveer, it was unanimously voted to continue this public hearing until such time as the City is contacted either by the owner or the renters and requested to place the hearing on the agenda. COUNCIL MEMBER APPEAL, RE, CHANGE OF STREET ADDRESS FOR RESIDENCES IN OAK PARK LEISURE GARDENS (SMITH) Administrator Butch stated that this matter 'was considered by the' Planning Commission at their regular meeting of November 18, 1980. The concerns ~f the residents is emergency services. The townhouses are designed in such a way that the address and garage area are oriented 446 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JANUARY 27, 1981 PAGE FOUR toward Grieb Drive with the main entrance of the units facing James Way. The only change, if the matter is approved by Council, will be the address numbering being transposed from the rear of the units to James Way. The mailboxes will not need to be relocated as they are all clustered. NADINE RUTH, 1088 Grieb, stated her concerns of being located by emergency vehicles. MR: MOORE also requested the change. GLEN TAYLOR, 1123 Grieb, stated he is not in favor of the address changes as he has contacted all local emergency agencies and they have all assured him they would have2no trouble locating him. Council Members Vandeveer, Millis, and Hogan stated they would uphold the Planning Commission's decision. Council Member u. Vandeveer moved to uphold the Planning Commission's decision and was seconded by Council Member Hogan. The motion was passed with Council Member Smith dissenting. SECOND READING OF A PROPOSED REVISED DANCE ORDINANCE AS RECOMMENDED BY THE CHIEF OF POLICE Administrator Butch. read the title of the Ordinance. On motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously voted to dispense with further reading of the ordinance. ORDINANCE NO. 242 C.S, AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 3 OF TITLE 5 OF THE ARROYO. GRANDE MUNICIPAL CODE TO REGULATE THE ISSUANCE OF PERMITS FOR DANCES AND PUBLIC ENTERTAINMENT ACTIVITIES WITHIN SAID CITY 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 smith, Hogan, Millis, Vandeveer. and Mayor Pope None None the foregoing Ordinance was passed and adopted this 27th day of January, 1981. RECEIPT OF BIDS, 'RE. FENCING OF THE ELM STREET SPORTS COMPLEX Public Works Director Karp explained the cost of the 'bids and the areas to be fenced. He recommended awarding the bid to Clyde's Fencing for their alternate #3 in the amount of $18,078.50. The other bid received 'was from Sunrise Fence Co. in the..amount of $20,015.00. Mayor Pope stated the Parks and Recreation Commission should review the fencing and the location of the gates. Council Member Millis moved to accept the low bid of alternate #3 from Clyde's Fencing with the understanding that,:,the Parks and Recreation Commission approve the locations of the gates. The motion was seconded by Council Member Vandeveer and unanimously voted. PROGRESS REPORT ON JANUARY 15, 1981 MEETING OF THE SAN LUIS OBISPO COUNTY AREA COUNCIL OF ,GOVERNMENTS Council Member Vandeveer stated that discussion of the meeting was regarding bikepaths in the County and the final decision of the Council was that the money for the bikepaths will continue to be divided evenly. u GENERAL DISCUSSION OF S.B. 1960 ,,"MOBILE HOMES IN RESIDENTIAL AREAS AND HUBER RANCH PROPOSED RESUBDIVISION OF THE COUNTY (HOGAN) Administrator Butch read a letter from Elroy J. Kalal objecting to Mr. Hogan supporting the developer of the Huber Ranch to construct a 558 unit mobile home subdivision, instead of the 40 unit subdivision already authorized by the county. Council Member Hogan stated that he is not a 'representative of n~... I , n '1447 I CITY COUNCIL i ARROYO GRANDE, CALIFORNIA JANUARY 27, 1981 PAGE FIVE the developers and suggested theuunbbile home subdivision as a possible solutiono,to the mobile home owners I rising cost .of rent. RICHARD HART, Hacienda del iPismo, spoke in' favor of the development for low-cost housing. DENNIS BETHER, representing the applicant, reviewed 'the project. ELLA HONEYCUTT, 560 Oakhill Road, spoke in' opposition to the traffic. ' MRS. KRUSHAT, 222 Orchard, istated that Orchard Street cannot carry the 'traffic. ,PAULINE SALERS'.,cand PAUL HADDOX spoke to the question: 'MITCH WALKER s'tated the: City should annex the property to have greater control over the' development. Council Member Smith stated that the City should expand its spheres of , influence to ;take in developments of this nature. r PROGRESS REPORT ON RECENT ZONE 3 ADVISORY COMMITTEE MEETING 'OF JANUARY 15, 1981 Mayor Pope requested 'this ~tem be continued. ! ' DIRECTOR OF pUBLIC WORKS' RECOMMENDATIOW'-, PARCEL MAP AG"78-ll3, BRENNAN (DORFFMAN), HUASNA ROAD EAST OF STAGECOACH ROAD Diredtor Karp stated that the subject lot is located on the northerly frbntage of Huasna Road just' east of Stagecoach Road. The area is zoned R-l 'and classed'low'density residential in the Land Use Element of I the General plan. The split will create three lots from an existing two lots. The Idts will be 65,340 sq. ft. with two smaller lots 10,000 sq. ft. each. The two smaller lots will front on a cul-de-sac already bonded for with Tract No. 555, Unit 2. The oWner 'was relieved from construction of frontage iinp~ovements for the two 'smaller' lots' are already under construction. Dedication has been required for roadway purposes and street tree easement for the cul-de-sac improvement. He recommended approvaL On motion' of Council Member Hogan, seconded by Council Member Vandeveer, it was 'passed to accept the dedications as shown on the map, find that the street improvements 'are necessary prerequisites for the orderly'dev~lopment of the community, find that the'"map is consistent with the General Plan I and zoning and to improve parcel map no. AG 78-113. Council Member Smith dissented. ,> DIRECTOR OF ~UBLIC WORKS' RECOMMENDATION - LOT SPLIT CASE NO. 80-342, (FRY), OLIVE STREET 'AND TODD LANE , , Director Karp explained that the lot split is located on a parcel which has frontage on Todd Lane and Olive Street, east of,Halcyo~ Road. The parcel is being split into two parcels, 9,445 sq. ft. an<~ 10,659 sq., ft. Curb and gutter exists on both frontages and sidewalk exists on the Olive Street frontage. Sidewalk has been required on the Todd Lane frontage to be installed :with a building permit on parcel A. A street tree easement was required :onboth frontages. The area is zoned R-l and classed as low density residential in the General Plan. On motion of Council 'Member Smith, seconded by Council Member Millis, it was unanimously voted to accept the street tree ~asement on behalf of the public; find that the construction of sidewalk on Todd Lane is a necessary prerequisite to the orderly development of the area; 'to find that the map is consistent with the General Plan and zoning, and to approve parcel map no. AG 81-004. DIRECTOR OF RUELIC WORKS RECOMMENDATION - PROGRESS PAYMENT NO.1, LEE WILSON ELECTRIc (SIGNAL AT, ELM STREET AND GRAND AVENUE) Director Karp recommended approval of progress payment no. 1 in the amount of $15,102.56. On motion of Council Member Smith, seconded by , Council Member Hogan, it was unanimously voted to approve progress payment no. 1 in the ,amount of $15,102.56 for the signal at Elm Street and Grand Avenue to Lee Wilson Electric. PROGRESS REPORT ON THE SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT Administrator Butch reported that the implant improvement are almost compl~ted and that the outfall line has been completed. 448 CITY COUNCIL ARROYO GRANDE, CALFFORNIA JANUARY 27, 1981 PAGE SIX WRITTEN COMMUNICATIONS Administrator Butch reported that President Reagan has declared' Thursday, January 29, '1981 as a day of thanksgiving for the return of the' American Hostages. According to our Resolution No. 1288, 'any day is a holiday which-is declared by the President and therefore, the City offices are closed. On motion of Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to declare Thursday, January 29, 1981 as a holiday and to close ,the city offices. ORAL COMMUNICATIONS 0 C. KUREK, 603 E. Cherry, requested information as to who has jurisdiction over city streets as he is concerned about the large trucks on Cherry. KATHERYN COACH, Huasna Road, displayed a map of the Huasna , ' Valley and stated that approval has been given byC_cthe County for extensive exploratory oil wells. She requested that the Council notify the Board of Supervisors of our request that the trucks exit by Highway 166 rather than Cherry Street. FLORENCE HART, Huasna Road, also spoke to the request. It was the consensus of Council that Director Karp send a letter to the County requesting that they investigate other truck routes. ADJOURN TO EXECUTIVE SESSION AT 11:00 P.M. COUNCIL RE-ADJOURNED AT 11:05 P.M. Administrator Butch read his letter of resignation, effective March 31; 198L He stated he will take a position with, Sonic Cable TV. All Council- Members expressed regret at his leaving and thanked him for his many years of service to the City of Arroyo Grande. ADJOURNMENT On motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously voted to adjourn at 11:15 P.M. A~rn', flt/![!o ratMi!/DI-' , DEPUT ITY CLERK - , o