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Minutes 1982-07-27 184 CITY CCUNCIL. ARROYO GRANDE, CALIFORNIA JULY 27, 1982 The City Council met in regular session with Mayor Smith presiding. . .Upon roll call, Council Members Lawrence E. Vandeveer, . Matt Gallagher ;./[ark M. Millis, and Karl A. Hogan reported present. PLEDGE OF ALLEGIANCE Council Member Hogan led the Pledge of Allegiance to.ourFlag. Reverend Robert Banker of the Open Door.Church, Oceano, California, delivered the invocation. APPROVAL OF WARRANTS On motion of. Council Member Hogan, seconded by Council Member Millis, Demand Warrants #17959 through #18092 and #P395 through #P417 in the amount of $317,840.27 and Payroll Warrants #22836 through #22929 in the amount of $76,205.92 were approved and ordered paid. u PRESENTATIONS; -Mayor Smith presented Certificates of Appreciation to Robert W. Carr, former.Pahking and Traffic~Comrnissioner and Gary E. Thies, former Parks and; Recreation Commissioner and thanked them for their service to the City. ORAL COMMUNICATIONS Dorman N. Buttram, 617 Grand Avenue, ,spoke' regarding the proposed increase in transient occupancy tax and requested that Council rescind their action taken on July 13, 1982 and to give an invitation to all motel owners to attend a hearing on the matter. William Gallentine, 703 Cornwall, stated he is in favor of the south county cities taking over the operation of Lopez. APPROVAL OF CONSENT.AGENDA ITEMS On motion of Council Member Millis, seconded by Council. Member Vandeveer, it was unanimously voted to approve the ~onsent agenda items with the recommended courses of action, minus #2. A-2. Receipt of Correspondence ffom..Owners of Grand Avenue Motel Concerning Council's ~revious Discussion of Transient Occupancy Tax Increase. RECOMMEND REVIEW; APPLICABLE DIRECTION BY COUNCIL, AND SUBSEQUENT FILING. Council Member Vandeveer requested that this item be discussed with the re1ative item on the "regular agenda. A-I. Receipt of Arroyo Grande Valley Gay Nineties Harvest;.Festival's Invitation to Participate in Parade to be Held Saturday, October 2, 1982, at 10 A.M. -- This Year's Theme: "Sentimental Journey." RECOMMEND COUNCIL'S PARTICIPATION BE PROPERLY NOTED AND COUNCIL'S CALENDARING OF DATES. A-3. Receipt of Letter from Margaret R. Ebnet, Re. Suggested Means of Developing Revenue for City of Arroyo Grande. RECOMMEND REVIEW AND APPLICABLE ACTION AND SUBSEQUENT FILING. A-5. Receipt of Parks and Recreation Director's Report, Re. Parks and Recreation Meeting of July 14, 1982. RECOMMEND REVIEW AND FILE. u A-4; Receipt of Planning Commission's Answered Agenda for Meeting of July 20, 1982. RECOMMEND REVIEW AND FILE. A-6. Receipt of Legislatmve Bulletin No. 27 from League of California Cities, and Others. RECOMMEND REVIEW, APPLICABLE ACTION IF ANY, AND FILE. A-7. Receipt of Chief Plant Operator's Monthly Report for May on South San Luis Obispo County Sanitation District's Operation, Plus Others. RECOMMEND REVIEW AND FILE. APPROVAL OF MINUTES On motion of Council Member Gallagher, seconded by Council Member Millis, it was unanimously voted to approve the minutes of July 13, 1982 as presented. J, , n 185 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY, .27 '" 1982 PAGE TWO ZONE I I THREE. ,1) 2) 3) .', Hydroelectric' Plant "',' Report by, Council Member,Millis, on. Recent.. Meetipg Notification on. Cur,tailme.nt of. Wate,r.. Delj.",ery for Purposes 4) Request for Funds for Legal Counsel M.a;int~~n~u)'ce -;r Administrator Sheldon reported that this item was raised at'ca prior Gpun.cil. meeting at which Council went on record as supporting the concept that 'the hY;lroelectric plant be..done by concessionaire and not by the County. S}ilisequently, the Zone Three Committee rejected the City's position and supported the; concept of the .County, cons,tructing. the hydroEliE,ctric pl,mt.,. . Supervisor Howard Mankins was invited to attend this meeting. and is present. Mr.. Sheldon. stated that a letter has been received from:the County i~dicating that :~hey ar~' planning to _ shu~ .down. ,the. Lope.z system :E:or_ a. two~day_ pe.riod ~p~i!1g ;l _ the. coming Winter. If ~his occurs, the :City will need to notify. the .. residents of.~he possibility of using water with,high .nitr~te levels. A ,~etter" was. received from :tIarold .Wilkin.son, s~~te_ta_r;y. to the ?one Threi~" Advisory. Commi ttee, and a copy of a letter j'r.om., G,e.orge Protopapas" CO,untY, Engineer 1 both .letters_ ~ere, add~es~. to. t1).e BO,arsl 9f $upe:ryisors, ~hich:~ .. point out that the Zone Three Committee unanimously recommended that the . _ .. _ --, . . .' . . '.~ F --. 1'- Board authorize the expenditure of ,up.to $lO,OOP to h~Fe a~~gal counse(:to advise the committee as to the feasibility of forming a local district ,to operate and maintain Lopez. Council Member. Millis stated that he attended the Zone Three meeting of July 15, 1982 ,and rai~ed the City's concern i~garding .th,e, use.. of operation and .Iflaintenance-m.on;ies ?in9.~ made a.. t:noJ::.~oJ1. to resciri:d , the previously made motion of .:the..Coupty. constru.ctj.pg tile proposed hydFpelectric , . .' . plant. . T~e mot.1.on..was defeated. He s:tateq that_ l.1.E? also made a motl.on~j~r_equestlng th!". Board to appropriate., ,up to, $10,000, for .legal, couns~.l to advise thE!. '; committee. on the forming of~a, local district to operate. Lopez. This. request .' . - . -", -, - " "- --F- was denied by the Board. ,Supervisor. Howard Mankins ,st:":ted,,that s,ome, t~f"e__. ago there was. a power shortage which, has caused. the. Zone Three Committ~!" tOr consider an alternate', source of power. ,He.. stat:ed,~that the Board deri.ied the request for the .$10,000. because it was felt that,. with. application.i:to LArCO, these legal services ~ould,be.provided. He also, stated that. he I, would support a.proposed district wherein the. cit:ies would operate and '.. maintain Lopez. Jim Garing t, representing_ 'the. Ay.j.la" Water__ Dist~ic~;. sj:a;:ted th!" District requested he attend and support the new district. it SECOND READING OF ORDINANCE TO AMEND SUBDIVISION ORDINANCE OF. ~ITY OF ARROYO GRANDE"SPECIFIC TO THE DURATION.AND,EXTENSIONS OF TIME PERIODS OF APPROVAL OF: TENTATIVE SUBDIVISION, MAPS AND. MINOR SUBDIVISION, MAPS ,i' I '__ Attorney., Shipsey read the. title. of the, ordinance... ,On motion .elf Co~ncil Member Gallagher f _ secondeq. bY-'.Coun.cil. M~?]:'. ~~llis, it was u!'l~~i!llouSly vo~ed to dispense with further reading, of. the .ordinan<::e.. ORDINANCE NO. 272 C.S. AN ORDINANCE OF THE CITY QF~RROYO GRANDE.AMENDING THE ARROYO GRANDE.MUNICIPAL,CODE ,BY AJ1ENgI~G SECTIONS .608 (d) AND .712., OF ,CHAPTER.3 OF. TITLE? RELATING TO DURATION AND EXTENSIONS. OF TENTATIVE SUBDIVISION AND MINOR SUBDIVISION MAPS ," '-' On motion_of Council ~ember Gall~gher, s~conged by Council. Member Mi.\lis, and on the ~ollowing roll. call Y9~e,- to ~it; _ u Council Memb~r~ Vandev~er,"Gallag~er, ~illis', _Hog~n, M~yor Smith None None AYES: NOES: ABSENT: the'foregoing Ordinance was passed and adopted this 27th day of July, ~982. 186 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 27, 1982 PAGE THREE COMMISSION APPOINTMENTS FOR DOWNTOWN PARKING ADVISORY BOARD Mayor Smith nominated Alice Rouse and JaG. Pence,. for another term and also nominated Chuck Burns, 114 W. Branch Street. On ~otion of Council Member Vandeveer, se~onded by Council Member Gallagher, Mrs. Rouse, Dr,.,' Flence, and Mr. Burns were unanimously appointed. NOMINATION BY MAYOR SMITH RE: VACANCY ON SOUTH COUNTY HUMAN RELATIONS COMMISSION Mayor Smith stated that she has no nomination at this time"but will at a later date. CONTINUANCE OF DISCUSSION ON COUNCIL, MEMBERS ATTENDANCE AT PLANNING COMMISSION MEETINGS _Administrator Sheldon stated that this item was raised at a previous council meeting and the City Attorney presented some documents which defined the legalities ~f council ~emb~rs a~t~~ding Planning Commission me~tings. There was some concern about. the City Code indicating ,that the Mayor, should, appoint a council member as an ex-<5fficio member to. the Planning Commission. He pr~~ented apropos~d s>rdinance which. ~ill,. cl:Iange this .~equ~rement. Council Member Millis requested,that Staff look into the code requirements for other commissions and present them at the, next meeting., Attorney Shipsey read the title of the ordinance. On motion of Council Member Gallagher, seconded by Council Member Millis, it was passed to dispense with further reading of the ordinance. Counci~ M~ber ~ogan dissentede J CONTINUANCE OF DISCUSSION RE:, POSSIBLE CREATION OFTRI-CITIES' COUNCILS' AND ADMINISTRATORS' PRODUCTIVITY COMMITTEE Administrator Sheldon explained that the concept involved with this proP9sed, committee is that a council member, or members, and the administrator of each of the jurisdictions in the South County would attempt to form a committee to look into methods of improving joi~t services which would increase productivity. . Council Member Gallagher ,spoke. in favor.of the committee and stated that the cities should work together and share common concerns. Council Membersc'Vandeveer, Hogan, and.Millis ag:reede Mayor Smith suggested that Mr. Sheldon contact the other cities so that their respective councils may discuss this committeee On motion of Council Member G?llagher, seconded by Council Member Millis, it was unani~ously v?ted to meet with the representatives of the other cities with the purpose of working together" informally, to am~lify the concerns of the other entities. CONTINUANCE OF DISCUSSION REGARDING OAK HILL ROAD Administrator Sheldon stated that at the July 13th meeting there, was discussion on some of the historical actions relating to Oak Hill Road. It was decided by Council that Staff should review all of the ,issues involved, with the road" develop a packet of information on that subject and report back to Council. He referred to the report from the Public Works,Director. Attorney Shipsey requested that this item be continued as he has been unable to meet with the property owners' repsective attorneyse Council concurred. PROGRESS/STATUS REPORTS OF PENDING ITEMS OF BUSINESS Drainage of Wells Property Eucalyptus Trees Along.The Pike Update of Land Use Element Revision of Planned Development Z9ni~g J Administrator Sheldon stated that consideration. of the ,Planned Development Zoning will be placed on the next agenda and_t~ere is_nothing to report on the other items. There was discussion regarding the eucalyptus trees on The Pike and Mr. Fogostein of the Town of Halcyon spoke and stated that he would be happy to work with thec:City on this problem. ~ , [I [ 187, CITY COUNCIL ARROYO' GRANDE, CALIFORNIA JULY 27,) 1982 PAGE FOUR RECEIPT- OF 'LETTER FROM' SOUTH- COUNTY 'SANITARY" SERVICE -RE: REQUEST FOR INCREASE IW RATE STRUCTURE FOR THEIR SERVICES AND ESTABLISHMENT- OF 'COMMITTEE TO':: REVIEW SAME ' , . Administrator Sheldon stated that a letter was received from Mr. Charles Cattanneo on behalf of the South County'Sanitary Service, requesting that consideration be given fmr an increase in rates: -In pikvious years there has been a committee established from the ,three cities which have met and reviewed the issue and then reported back to the individual .i councils;- 'He stated that' Council" Member Hogan is Council's appointed' ',: representative .to this' committee and he recommended that,this item be :1 submitted- to the' committee 'for review" and recommendation-. - It was the ;~. Cop-nei'I's consensus to proceed 'with . Mr.~' - Sheldon.' s reconunendation.. - :i ;r REVIEW/ACTION BY' COUNCI,L RE:." AGREEMENT' BETWEEN CITY OF ARROYO' GRANDE AND GROVER- CITY SENIOR CITIZENS CONCERNING' TRANSPORTAITON OF ARROYO, GRANDE' Ii ' SENIOR CITIZENS -.. 'I - ',. ,i "i.- Administrator Sheldon stated that in the past 'years the City has funded senior citizens' transportation in our' area ,and have{:.contracted J. ., wi~hthe Grover City Senibr' Citizens ,Club to provide such transportatior.- A letter was received from Mr-. Emery'Welker stating that ,they will, .. -! provide service once again for - the -same', amount as charged in 1981-82. The money has been budgeted for this purpose. He recommended that Coun~il authorize the Grover City Senior Citizens Club-"to provide'seniCDrs 'f transportation in theC:City of Arroyo - Grande 'in 'the - amount of ,$2',352,. , I Mr. Welker spoke regarding the service. On motion of Council Member -,i Gallagher, seconded by Council Member Vandeveer, it was unanimously , voted-to authorize the Grover'City Senior Citizens CilJUb to provide senil>rs transportation in' the City of Arroyo Grande' in the: amount of $2,352'. i, I DISCUSSION ON CITY RESOLUTIONS CALLING'FOR'AN ELECTION'TO DETERMINE IF ,; THERE SHALL BE AN INCREASE'IN THE TRANSIENT OCCUPANCY TAX AND IF THE MAYOR SHALL BE A DIRECTLY-ELECTED POSITION Administrator Sheldon stated'that on July 13, 1982, Council adl>pted resol~tions calling for an election to determine if there should be an ' increase in the transient occupancy tax and to determine if the mayor i shall be a directly elected position; It was requested that this item ~gain be placed on the agenda; Mayor Smith commented regarding the letter , received from Mr. Buttram and Mr. Baker; motel-- owners. She stated that' , she is in" favor of the increase in transient occupancy tax because those who come into the City 'use our services. She pointed out that Council .had voted to only place this issue'on-the ballot. Council 'Member vandeveer; stated that some citizens have indicated that they'were not allowed to . speak at the previous meeting and they should have been notified. He also stated that the current- 6% fee" is sufficient~ On motion' of Counci'l MeInber Vandeveer, seconded'by Council Member Hogan"~ "1t was passed ,to- " :t reconsider the previous action taken with regards to the increase in i transient occupancy tax. ~Mayor Smith dissented, Council'Member Vande~~er stated he agreed with the proposal 'that 50% of-the-monies go to Police .1 services, but not that the remaining 50% go to Parks services. Attorney Shipsey suggested that the matter of the bed tax and the election of mayor be:: considered in separate' actions: .. He read the resolution- repealing :r the resolution calling for the election regarding the bed tax, in its entirety. , i RESOLUTION NO. 1555 'I 'i , A RESOLUTION OF THE CITY COUNCIL OF THE CITY' OF'ARROYO'GRANDE'REPEALING'RESOLUTION NO: 1552' REGARDING THE" CALLING OF A SPECIAL ELECTION RELATING TO A PROPOSED' ORDINANCE'''INCREASING'': THE'TRANSIENT OCCUPANCY TAX Onmotibn- of- Council "Member Vandeveer," seconded" by" Council Member Hogan," and on the~ following rol-l call voce; to wit: AYES: NOES: ABSENT : Council Members Vandeveer, Gallagher, Millis, Hogan Mayor Smith None r the foregoing Resolution was passed and adopted this 27th day of July, "j .I ,1982. I i 188 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 27, 1982 PAGE FIVE Council Member Vandeveer moved to reconsider the resolution the election concerning the election of the 'office of mayor by Council Member Gallagher. A roll call vote,was taken: calling for and was seconded AYES: Council Members Vandeveer, 'Gallagher, Hogan NOES: CoUncil Member~Millis, Mayor"Smith ABSENT: None Council Member Hogan stated that the 'procedure of the council members electing the Mayor has been a good system in the past. 'Council Member Millis J,', stated that the question should be placed on the ballot so that the citizens may decide. He added that it has been'eight years since a Mayor was elected unanimously. Mayor Smith stated that she had voted in favor of the election because she felt the people should decide. Christine Phillips, 216 Pearwood, stated that an item on the Community Congress questionaire was if'a mayor should be elected and the response was four to one in favor. Ella Honeycutt, 560 Oakhill Road, spoke in favor'of the election.' Marie Catt6ir, 195 Orcutt Lane, stated that the people should be allowed to decide. 'Attorney Shipsey read the resolution repealing the calling of'election for the office of mayor in its entirety. Council Member Vandeveer moved to adopt the resolution 'and was seconded by Council Member Hogan. A roll call vote was 'taken: AYES: Council'Members Vandeveer"and Hogan NOES: Council Members Gallagher and Millis, Mayor Smith ABSENT: None Attorney Shipsey read the title of the resolution calling and'giving notice of an election regarding the election of mayor and requesting consolidation with the General Election on November 2, 1982. On motion of Council Member Millis, seconded by Council Member Gallagher, it was passed to dispense with further reading of the resolution. Council Member Hogan dissented. RESOLUTION NO. 1554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, AMENDING RESOLUTION NO. 1551, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2; 1982, WITH THE STATE-WIDE GENERAL ELECTION TO BE'HELD ON SAID'DATE PURSUANT'TO SECTION 23302 OF THE ELECTIONS CODE On motion of Council Member Millis, seconded by Council Member Gallagher, and on the following roll call vote, to wit: AYES: NOES: ABSENT: , Council Members Gallagher and Millis, Mayor Smith Council Members Vandeveer and Hogan None J the foregoing Resolution was passed and adopted'this 27th"day' of 'J,uly, 1982. PRESENTATION AND DISCUSSION RE: WRITTEN ARGUMENTS CONCERNING THE ELECTION OF MAYOR FOR NOVEMBER 2, 1982 " Administrator Sheldon stated that since Council has adopted a resolution call1ng for an election regarding the election of mayor, there is now the option of adopting resolutions establishing whether or not there will be council written arguments for or against and who on the Council would be authorized to write slich arguments. The reason for such/a resolution is that it provides a preference for the County]Clerk in determining which arguments will be listed on the ballot information. After discussion, 0 Council MeIDber Millis moved to authorize Council Member Gallagher, Council Member Millis and Mayor Smith to write arguments in' favor of the election of mayor and was seconded by Council Member Gallagher. All were in favor. " n r , 189 CITY COUNCIL ARROYO GRANDE, CALIFORNIA i JULY 27 ;i' 1982 PAGE SIX: 11 Council Member Vandeveer moved to authorize Council Member Hogan arid Ctihncil , ." MeJnber " Vandeveer" to write arguments against.:~the election' of' mayor and ,! , was' seconded by Council'Member Millis ~u Al'l were' in favor.- Attorney" sliipsey re'ad the 'title of 'the- resolution': authorizing' those' approved ,in favor. :1 On"motion of Council Member' Mi'l:lrs, seconded by Council Member Gallaghe:r, it' was unanimously voted to dispense with 'further reading of'the resolution. RESOLUTION NO. 1558 A RESOLUTION OF THEtCITY COUNCIL OF THE'CITY' OF ARROYO- GRANDE; ' CALIFORNIA,- AUTHORIZING CERTAIN' OF'ITS-MEMBERS-TO"FILE A'WRITTEN ARGUMENT REGARDING A CITY-MEASURE RELATING TO THE' ELECTION OF THE OFFICE- OF MAYOR' "',j " -'J i I !i-- I :1 On motion of Council Member Millis, "seconded, by- Council Hogan, 'and on the folrowing' roll'call"vote," to wit:" " Member:' . .jr 'i ~,' P(: AYES: NOES: ABSENT, Counci']:' Members' None None , Vandeveer,'Gallagher, Millis, Hogan, Mayor Smith i the foregoing Resolution'waspassed'and adopted'this 27th day' of July, 1982. - - .1 . . . - . " i AttorneY ShijOsey' read the' title'of' the resolution authorizing those approved against;' On motion of' Council Mernber',Millis;' seconded. by Council Membe'r Gallagher, it was unanimously'voted to' dispense 'with further reading: of: , , the res'olution, ,,' ',..~ " 'u 'u :1 RESOLUTION'NO~, ~559 -;. - .. ' A' RESOLUTION OF THE'CITY'COUNCIL OF'THE CITY OF ARROYO GRANDE; CALIFORNIA; AUTHORIZING CERTAIN' OF, ' ITS MEMBERS TO' FILE A WRITTEN' ARGUMENT' REGARDING A' CITY MEASURE- RELATING'TO THE ELECTION OF THE OFFICE OF MAYOR ,- - 1-- l 'if ! J On motion of Council Member Gallagher, and on the'following roll i , Member: , Millis, seconded by Council call vote I to wit:" :l :t ,i , AYES: ' Counci-l-, Members NOES: : ' None', ABSENT:.' -None-'.~ .' ~ ''vandeveer, Gallagher, Millis, Hogan, Mayor Smith .j " the foregoing Resolution was p'assed" and 'adopted '-this' 27th day of July,' ':1982. . :i " FIRST'READING OF PROPOSED ORDINANCE TO ESTABLISH FEES AND,RATES FOR USE' OF PUBLIC SEWERS " ii' " - Administrator, Sheldon' stated- that during buaget hearings, - the'Council 'I held" a' hearing on water and sewers and" on a minute" order directed staff: ' to'i prepare ordinances es'tablishing' an increase in' these ,fees.' He stat';~ that the proposed ordinance 'provides for the additional'259' on the sewer rates as directed;' Attorney Shipsey read the2title'of the ordinance.- On motion' of' Council Memb-er Gallagher, seconded_ by 'Council' Member Millis, it-was 'i passednto-i.clispense' wi th "further reading' of the. ordinance' to' constitute ;the first 'reading- of the ordinance-. Counbi.l Member Hogan dissented. - '~ .:i ~r A .,- " ,- ! 190 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 27, 1982 PAGE SEVEN - FIRST READING OF PROPOSED ORDINANCE TO ESTABLISH FEES AND RATES FOR LOPEZ WATER CONTRACT CHARGES Administ"rator Sheldon stated. that the proposed ordinance provides for an increase of 75<: in the-Lopez rates: ._He lOead the title of the ordinance. On motion of Council Member Gailagher, seconded by Council Member _Vandeveer, it was unanimously voted to dispense with further reading-of the- ordinance, to constitute the first reading of the ordinance. REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS RE: FINAL EROSION CONTROL AGREEMENT FOR REGIONAL WATER QUALITY CONTROL BOARD Public Works Director Karp stated that this agreement has been U'i. required by the Regional Water Quality Control Board in order for the City of Arroyo Grande to regain control as lead agency in-the approval of erosion control plans associated with grading in the City limits. Upon execution of the agreement by the Regional Water Quality Control Board, Staff will commence work associated with the revisxon to the City's existing grading ordinances as required. He recommended that Council authorize the Mayor and City Clerk to execute the agreement. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to authorize the Mayor-and City Clerk. to execute the agreement. REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS RE: UPDATE OF PROPOSED AMENDMENT TO THE MASTER DRAINAGE PLAN - FAIR OAKS AREA Administrator Sheldon stated that it has been suggested by Council that it would be appropriate to update the master drainage plan for the Fair Oaks area, and that the fees be adjusted in order to more clearly reflect. today's cost. He stated that the Public Works Director has- been::working with Garing and Taylor and they have provided a-proposed amendment.- This' amendment reflects an update in cost based on the original concept of spreading the cost across the entire area, and that the fees that would be derived from this amendment" although equitable, will:'not be sufficient to actually aonstruct the needed drainage as there is very little land left undeveloped to which these fees would apply. He recommended that Council set a public hearing on this matter for August 10, 1982 at 8:00 P.M. Public Works Director Karp gave a brief description as to how the drainage will occur. On motion of Council Member Hogan, seconded by Council Member Gallagher, it was unanimously voted to set a public hearing on this matter for August 10, 1982 at 8:00 P.M. REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS RE: LOT SPLIT CASE NO. 82-375, PARCEL, MAP AG 82-36, K-MART CORP., CARL'S JR. RESTAURANT Public, Works Director Karp stated that thessubject lot split is a resubdivision of Parcel A of Parcel Map AG 81-108, previously known as lot 1 of Tract 604 of Oak Park Acres. The subject lot split creates two parcels, on which the K-Mart is constructed, and the second half acre parcel which is presumably for construction of Carlls Jr. The area is zoned PD and is psecifically planned for highway servide in the Oak Park Acres development. The frontage improvements are being constructed with the building permits for K-Mart and must be completed prior to the U'i!- 'granting of occupation for either K-Mart or Carl's Jr. A portion of the existlng sewer easement is proposed for abandonment/because of relocations accomplished with the K-Mart grading.' Street tree fees have-been collected. He recommended adoption of the resolutions to begin abandonment procedures for the obsolete sewer line easement, as well "as au'extraneous portion of right-of~way for West Branch Street. He read the title of the resolution setting the public hearing for August 24, 1982 regarding the abandonment of the sewer_line. On motion-of Council Member Vandeveer,. seconded by Council Member Millis, it was unanimously voted to dispense,with_further T:j" reading of the resolution. ,."-'- 'I ': ,. ' ,.'" ~ n II , \ ' 191 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 2T;,' 1982 PAGE EIGHT RESOLUTION NO. 1556 A RESOLUTION OF THE, CITY COUNCIL OF THE CITY OF ARROYO GRANDE SETTING FORTH ,ITS ~NTENTION TO VACATE AND ABANDON,A PORTION OF,!, SEWER LINE EASEMENT NORTHERLY OF WEST BRANCH STREET AND EASTERLY OF OAK PARK BOULEVARD, IN THE CITY OF,ARROYO GRANDE, AND FIXING TIME AND PLACE FOR HEARING AS PROVIDED BY GOVERNMENT CODE SECTION 50430, ET,SEQ. ,:, ", , , ~ On motion of,Coun~il,Member Millis, seconded by Gallagher, ,and on the following roll call vote, to wit: Council Member, i AYES: , NOES: ,ABSENT: Council None Non~ -) Me!Obers Vandeyeer f. ,~a.~_la9"her I .MiJ-li.? I Hoga.n, Mayor Srni th th~ foregoing Resolution was passed and adopted this 27th day of JUly, "1982. Mrt Karp read the title of the resolution setting the public hearing for August 24, 1982 regarding the abandonment of a portion of West Branch Street. . . -. -. -.. .. ,.. .. - -.' 'I On, 'motion of Council Member Millis, seconded by Cou,:,cil Member Gallagh".r, it, was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO. 1557 A RESOLUTION OF ~HE CITY COUNCIL OF THE,CITY OF ARROYO GRANDE SETTING FORTH ITS INTENTION TO VACATE AND ABANDON A PORTION OF WEST BRANCH , , STREET, IN THE CITY OF ARROYO GRANDE,', AND FIXING,TIME AND PLACE FOF,HEARING A~ PROVIDED BY GOVERNMENT, CODE SECTION 50430, ET SEQ.", On, motion of Councj.l Memb,er M?-llis '. seconded by, Council Member: Ga~lagher, and on the following roll.c:all vote, to wit: AYES: NOES: ABSENT: Council Members Vandeveer, Gallagher, Millis', Hogan, Ma'yor Smith None None, the foregoing Resolution was passed and, adopted this 27th day of J?ly" '1982. Mr'. Karp r~commended that C'ounciL accept on behalf. of the 'pU:i,iic, porti'ons " . . - - '. - - . - ."t of: a new sewer. line easement'as shown.cn.the map arid, accept on behalf o~ the public, a blanket, ease~ent' dedicated to. the City. f~r .the purpose of construction operation, maintenance, repair and replacement of public sewer ~ . '. J' and utility as granted under the separate instrument as provided. On motion , " of Council Member Millis, seconded by Council Member Gallagher, ,it was unanimously voted to accept th~s re~ommenda~ion. Mr~_Ka!p_ indic~ted areas on the map to be accepted for the sewer line location and the driveway ',to the sewer lift station. He recommended that these areas be accepted. On motion of Council Member Gallagh!,r, seconded. by Council Member Millis, it was unanimously voted to. accept on behalf of the_public these areas; of' dedication. Mr.. Karp also -reco~end~d that C;~ncil app~ove Parcel ~ap AG. 82-36 with the following findings: 1) > Find that the improve~ents required as conditions to approval of th;'e par~el map and are necessary~prerequisites to the orderly development ~f the community; and 192 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 27, 1982 PAGE NINE 2) Find0that Parcel Map Ag 82-36 is consistent with the tentative map previously approved and found to be consistent with the General Plan and city zoning. On motion of Council Member Millis, seconded by Council Member Gallagher, it was:mnanimously voted,,:to approve parcel map AG 82-36 subject to the findings as stated by Mr. Karp. REPORT/RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS RE: FINAL MAP APPROVAL, J,." , " TRACT 1056, SOUTH ELM STREET CONDOMINIUMS, DON, MCHANEY, JOHN WYNN AND BRUCE ROSENTHAL Public Works Director Karp stated that,the subject tract is a planned unit development (land division type of condominium) located on the easterly frontage of South Elm Street, adjacent to the Poplar Street intersection. The.. tract creates five residen..~ial units and one conunon lot. Improvements to be constructed with the tract are primarily drainage related and frontage improvements on Elm Street. The developer has been required to dedicate for widening of Elm Street, along his property frontage. The area. is xoned RG and classed Medium High D~nsity Residential in the Land Use Element of 'the Gneral Plan. Tract fees have been collected. He recommended that Council approve Trac~.1056 subject to the following .findings: 1) Find that the required improvements are. necessary prerequisites to the. orderly development of .the community. 2) Authorize the Mayor and City Clerk to execute the appropriate improvement agreement. 3) Accept on behalf of the public the offer to dedicate the widening of South Elm Street. 4) Find that Tract 1056 is consistent with the conditionally approved tentative map which was found consistent with the General Plan and City zoning by the Planning Commission on an earlier~occasion. On motion of Council Member Hogan, seconded by Council Member Millis, it was unanimously voted to approve Tract 1056 subject to the findings as stated by Mr. Karp. ORAL COMMUNICATIONS Council Member Vandeveer stated he is opposed to the wording of the resolution.adopted at the last meeting concerning the Park Development Subdivision Fee which states "The factor shall be based upon the Engineer's News Record Construction Cost Index published by McGraw-Hill Publishing Company". He requested that this item be listed on the next. meeting's agenda for discussion. Council Member Gallagher.pres~~ted a resolution concerning a moritorium on off-shore drilling. and. requested that it be. placed on~ the next agenda for discussiqn. CLOSED SESSION Council adjourned to Closed Session at 10:25 P.M. o ADJOURNMENT On motion of Council Member Hogan, sec?nded by Council Member Millis, it was unanimously voted to adjourn at 11:10 P.M. A=", {/-hztffY:4LOho DEPUTY C CLERK ~;?~~ MAYOR '