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Minutes 1982-10-26 r I' 233 CITY COUNCIL. ARROYO GRANDE, CALIFORNIA OCTOBER 26, 1982 The City Council. met in.regular sespion with Mayor Smith pre?id~ng" Upon roll call, Council Members Lawrence E. Vandeveer, Matt Gallagher, Mark M. Millis, and Karl A. Hogan reported present. PLEDGE OF ALLEGIANCE Council Member Vandeveer Flag. Reverend Jim Wickstrom, Grace delivered tp~ ~nvo~ation~ led the Pledge of Allegiance Bible Church, Arroyo Grande, t9 our California, APPROVAL OF MINUTES .Council Member, Vandeveer noted that the minutes of October 12, 1982 indicate he and Council Member Hogan voted in favor of rescinding the Emergency Response Plan. .He stated that he- and Mr. Hogan dissented. On motion of.~ouncil ~embe~_~~lli~,_~econde~ ~Y.~9uncil Me~e~_V~ndev~e~, it was unanimously voted to,approve the m~n~tes of October 12, 1982 as ~ended. APPROVAL. OF WARRANTS ." On motion. of Council Member Hogan, seconded by Council Member Vandeveer, Demand ,w;'rrant~ #18542 tJ:trough' #18679:.indhe';~ount' of $'90,223 . 55 and Payroll Warrant? #23460 througJ:t #23576 in the amount of.$69,537.13 were approved. and or,der""d paid.. ORAL,COMMUNICATIONS Roger, Snellenberger, ,.2646 Northview Avenue, requested that c~unci~_rec~n~id~r ~genda'jt~.,D-~~ ~eg~!d~ng requ~~t fo~ app~o~~l ~f_ TF~~t' 950, whichhad been deleted.. . He..stated, that there had been a misunderstanding as to the dates for supplying,the needed information for this ite~ to Staff. Council concurred. Carole.Smith...146 Tally.Ho Road".stated 'that she has reviewed. the p",tition for an assessm,ent, district in her, area.. and finds it unacceptable. She. request",d.,.that .:the maUer of striping of Tally Ho be placed on the agenda of the Parking and Jraffic Commission., Public Works Director Karp 'state~ that the formation of the,district'and.improvements will be requested for next. year'~budg~t,. ,He stated .hecwill keep Council,up to date on this item. Mayor Smith requested that this be a continuing ag~nd;"itemsand 'notify Mrs. Smith ",h~n this item ;:'ill be'before,'the Parking and Traffic Commissione DELETED AGENDA I~S - C-3. APPROVAL OF CONSENT AGENDA,ITEMS On mo~i(;m". of,.. Gounc..tl.. M~mb_e:r:. .V~~~ey~_~!"" ,seconded bY_.9oun<;:il Member. S;allagher, . it w,as unani~(m",ly voted t() _ apPF.ove the Cons.ent Agenda Items 1-8 with the recommended cours~s of ~c:tion. A-l. Receipt.of Minutes,of RECOMMEND REVIEW ~D FILE: Plannihg Commissi9n,Meeti~g of October 19, 19~2. A-2. .Receipt of Report by Parks ~~d Rec~~;'tion Direct~F' Re. Parks and Recreation Commission's Meeting of October 13, 1982. .RECOMMEND REVIEW AND FILE. -1' .'.' ,. A-3. Receipt oJ Agenda for.'Zone. Three Advisory Corrnnittee Meeting of October 21, 1982, and Accompanying Support Material., .RECOMMEND REVIEW, APPLICABLE.ACTION, IF ANY, AND FILE. A~4. Receipt of Legislative Bulletin from League of .C~lifornia,Cities, and/or Others. RECOMMEND REVIEW, APPLICABLE ACTION, IF ANY, AND FILE. A-S. Request for Mayor Smith to Proclaim Second Annual "Safe Schools Week" i~ Arroyo Grande from October 25, 1982 to and including October 29, 1982. RECOMMEND MAYOR SO PROCLAIM. 234 CITY COUNCIL ARROYO GRANDE, CALIFORNIA OCTOBER 26, 1982 PAGE TWO A-6. Receipt of "Thank You" from Rotary Club of Arroyo Grande for Their Use of Arroyo Grande City Council Chambers fOr Fishc'Fry During Harvest Festival. RECOMMEND REVIEW AND FILE. A~7. Request by Disabled Americal Veterans for Fee Exempt License to Sell Forget-Me-Nob,Poppies from November 3-15, 1982. RECOMMEND ISSUANCE OF FEE EXEMPT LICENSE. A-8. Request for Mayor Smith to Proclaim IIMarathon'Week in Arroyo Grande" Beginning December 12, 1982. ..- RECOMMEND MAYOR SO PROCLAIM. FURTHER DISCUSSION AND/OR UPDATE RE: CONCERNS BY.RESIDENTS OF .PEARWOOD.. AVENUE PERTINENT TO WELLS. DRAINAGE MATTER Public Works Director Karp stated that Staff.has revised the recommendation to construct the overflow. ditch that was designed and approved when the Pearwood Tract was originally developed. The construction will be a V-ditch approximately 2 feet deep, built at the grade shown. on the grading plan for the tract. In order to accomplish the construction and maintain the unlined ditch, the back fences must still be relocated off the easement. to enable equiproent to use the.easement. He added that the construction of the unpaved overflow ditch is merely a temporary solution, and future development of the property to the east will require construction of permanent facilities to provide for.this drainage. Mr. Karp recommended. that Council .approve the call for bids for reconstruction.of the Pearwood Avenue overflow ditch. Paul Geihs, .attorney for the pearwood Avenue residents, stated that the property owners are concerned with three items: 1) that the Planning Commission. approve and make a finding that the project is consistent with the General Plan, 2) meet the CEQA. requirement of an EIR or a. negative declaration status, and.. 3) comply with the public bidding process. Mr. Geihs thanked the City for considering the six foot wide easement area r~~her than. a fifteen f09t wide'easement. .. He suggested that Mr. We.lls might grant. an encroachment permit to the City.. for.the ditch. Planning Director Hays stated that, under the CEQA. Guidelines, if this were a new public works project it would require Planning Commission rev~ew and approval. But since this is ~ pub+ic works maintenance project, it is exempt. Council Member Vandeveer stated that the City has received a court order and the proposed action does not meet with that order. Attorney Shipsey pointed out that the City is not in a position to construct a ditch which will allow only one acre ponding, as .the order stipulates. Council Member Gallagher stated he is in agreement with the recommendation of Staff. Council Member Millis stated that thee court order states that the drainage ditch be reestablished, therefore~ there is no alternative. He stated he agrees with Staff'.s recommendation. Council Member Hogan. stated that if Staff's recommendation is followed, ponding will occur over 3 1/2 acres." He pointed out that this in contradiction to the court order. Anthony Azevedo and William Romero, 182 .pearwood, spoke regarding the drainage ditch. There was discussion as tq th~ exact footage the residents' fences should be moved to accommodate the drainage ditch. Council Member Gallagher to reconstruct the drainage ditch to standards approved by the Engineering .Department, to a two foot depth, with as little disturbance .to the property owners as possible, and c?-uthorize the.. ca)..l for bids for the-;project. The motion was seconded by Council Member Millis. A roll call vote ,was taken: AYES: Council. Members Gallagher and Millis,.Mayor.Smith NOES: Council Members Vandeveer and Hogan ABSENT: None J u r r , 235 CITY COUNCIL ARROYO GRANDE, CALIFORNIA OCTOBER 26, 1982 'PAGE THREE PUBLIC HEARING RE;' AMENDMENT TOLAND USE ELEMENT' OF GENERAL PLAN, SPECIFIC' TO AGRICULTURAL'" A'" DISTRICT, ENVIRONMENTAL DETERMINATION' Planning Director Hays~stated that recently' 'the Planning Commission and City Council amended" the Zoning: Ordinance' to' provide for a:' 1-1/2 acre" mirlimUm building site"s on the "AU Agricultural District and" for - 5 ac!e minimunl'building sites bn~the itA" ZOiH~d land~'l~iith <;l~ss l' aXld I~ ~~il~~ The Land Use'Element of the General'Plan must how be"amended to refleCt this change. The 'new 'Agriculture designation' shows' a, five, 'acre par~el, size on elas's :i: ahd 'soiis,' ahd provides-'a >separate designat'ion for' the- r-emainder of':,the areas zoned "A" (1-1/2 acre minimum parcel size). The Planning Commission held a public hearing on this amendment 'and unanimously recommended that Council approve the 'change and a Negative 'Declaration'~The hearing , having"been properly noticed and published; Mayor Smith opened it for "-public comment.-- There being none~ the'~heaiing was closed:~ :'Counc"il Meinber Millis stated that ,this' action' will 'bring the'Liind Use" Element' and zoning i~t6 conformance and, he is in favor'of this amenament: On motion-'of~Councii Member 'Gallagher, seconded"by"Council Member Millis, it was'pass'ed to" approve' a 'Negat'ive.Declaration status for 'the project'. 'Council' Memb'er' , Hogan dissented~ Attorney Shipsey read the 'title'of'the resolution~ On motion of Council 'Member Galiagher, seconded by Council Member Millis; it 'was passed to 'dispem'se with further"reading of'the'reso'rution. Council 'Member Hogan'dissented.- ' 'RESOLUTION'NO. 1671' 'u, A RESOLUTION'OF'THE'CITY COUNCIL OF THE CITY 'OF ARROYO 'GRANDE' ADLPTING"THE' AMENDED LAND USE ELEMENT OF THE 'GENERAL PLAN' RELATiNG TO' THE "A"~AGRICULTURAL DISTRICT' -...,,', - On motion" of Council 'MerilJ)er' Gallagher'; - seconded by Coun'cii' Member Millis, 'and on the"following - roll' call vote, 'to' 'wi t: AYES, NOES: -, 'ABSENT:-- Council -Council 'None" Members': Gallagher, ahdcMillis, Members Vandeveer and'Hogan ~ayor smith the foregoing Resolution-was passed and 'adopted' this 26th day of October, 1982. PUBLIC HEARING TO CONSIDER INCREASE IN FILING FEES ON'APPEALS TO CITY COUNCIL, USE PERMITS AND VARIANCE:' PERMITS , ~ --''' .'.,. Acting' Administiator- Clark ~refeired"~to' -the memo 'from'the Planning Director listing cofuparable'-fees in other cities and" a '-memo from the Deputy'City Clerk listing the cost Of publications'for appeals; The hearing having been' properiypUblished and' noticed; "Mayor Smith opened it for public comment'; 'ReubEm Kvidt;:'i035 Acorn Di'ive,-'stated that the-' cost of'applications should pay for themselves 'but he' fel t there should'~ be' rio cost for appeals. ' 'Jim McGillis, 132 Bridge Street, "stated that 'the fees 'should bear 'a direct relationship to 'the 'service provided. There -being no further comments; the hearing was closed~ Council Member Vandeveer stated he, is not in 'favor of raising fees, especially' appeal 'fees.' Council Member Hogan agreed': "Council Member' Millis' suggested 'that any remaining" monies left 'after the cost 'of 'processing an appiicatibn be refunded: ' Council Member Gallagher stated that'establishing a refund procedure would only over-burden staff~' He stated.':that bur application -fees ~ are lower than -other cities 'listed and 'he favored ',ail-average -fee~ 'On' motion- of'- Council Member Vandeveer; sec6nded...hy,....couricil Meriiber--Millis.~ -it 'was - unanimously voted tO'maintain the existing fee of $50 for appeals to the City Council. 236 CITY COUNCIL ARROYO GRANDE,CALIFORNIA OCTOBER 26, 1982 PAGE FOUR Council~Member Gallagher moved to raise ,use permit and variance application fees to $150 and was seconded by Mayor Smith. Council"Members Vandeveer, Millis and Hogan dissented. Council Member Gallagher'and Mayor Smith voted in 'favor. Council Member Vandeveer moved to raise use "permit and variance application fees, to $100 and was seconded by Council Member Millis. The m9tion was passed with Council Member Hogan dissenting. ,Attorney Shipsey read the' title of the ordinance, On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was'unanimously voted to dispense with further reading of the ordinance to constitute the first reading. ' CONTINUATION OF PUBLIC HEARING RE: ZONING CASE"NO. 82'166, 345'TALLY' HO ROAD, UII~' MIRRESSMAIL AMJADI, ,ZONING CHANGE FROM "RAE3" TO "RAB2" Acting Administrator Clark reported that Council had continued this item so that the Planning Commission could review the drainage and'future development of the Tally Ho area; He stated that the Planning Commission has reaffirmed their e~rlier recommendation of approval of this zoning case, in that they felt the proposed rezoning and future lot split-would'not- significantly'contribute to ,the problems of Tally Ho'Road. The hearing having been properly noticed; published and continued from September' 28, 1982, Mayor'Smith opened it for public comment. There being none, the hearing was closed. Co~ncil Member Vandeveer agreed that the development of this property will not add to the drainage problems on Tally Ho Road. Council Member Millis stated he is concerned about the long-range planning of the area as it is changing from a rural area-to a residential area. He also stated that he would like to see a meeting of the residents in the area. He recommended this matter be continued! Council Member Gallagher agreed that an effort should be made to meet with the residents. Council Member Hogan stated that the drainage solution lies with reconstruction of the creek. Mayor Smith referred to the recommendations of the Planning Commission and stated she agrees with them. Planning Director Hays reported that the Planning Commission recommends a negative declaration status fo~-the rezoning. On motion of Council Member Vandeveer, seconded~by ~ouncil Member'Hogan, it was unanimously voted to approve a negative declaration status for the rezoning. Attorney Shipsey read the title-of the ordinance. On motion of Council Member Vandeveer, seconded by Council Member Gallagher, it was unanimously voted to dispense with further reading of the ordinance to constitute the first reading. PUBLIC HEARING OF, ARROYO GRANDE'S ,STANDARD OPERATING PROCEDURE OF-EMERGENCY RESPONSE PLAN, WHICH COMPRISES PART III. 33 OF SAN LUIS OBISPO COUNTY NUCLEAR POWER PLANT EMERGENCY ,RESPONSE ,PLAN Acting Administrator Clark stated that the Emergency Response Plan covers all types of emergenc~es that could threaten'the citizens and property within the City of Arroyo Grande. Since the nuclear power plant is located with~n the unhlcorporated area' of the county, the County Office of Emergency Service has 'had-the responsibility of developing an emergency plan.' If there is an emergency at the plant, cities 'within the county could also be affected. County personnel have worked with City staff in coordinating plans that may necessitate the need to,evacuate an area-or all-of the City. u- -0 Mr. Clark reported that a county-wide drill was'held,October20, 1982 and it was the -feeling of all involved that the contents of the Plan worked well. He added that the presented-document is a draft and-maybe amended. The he~ring having been properly noticed and published, Mayor Smith opened-it for public comment. Chuck Richmond, Pacific-Gas and Electric Company, commended Staff for the operations and the proposed plan.- He stated that he views it as a successful plan. Marie Cattoir,' 195 'Orchid Lane, questioned mapy- aspects-of the proposed plan, regarding evacuation proced~res'.for schools, the capability - of the freeway to -handle- traffic, etc., She urged Council to follow the actions of,the pismo Beach City Council in asking for federal assistance for shelter. Anthony Azevedo stated that the power provided by the Diablo Canyon Nuclear Power Plant should not be discredited as it is needed. Effie McDermott, Pismo Beach, stated she did not wish to debate the necessity o:.~ .--~ -~----.- - -- "-- . -.-- l l "' ';"~" t:. .'--, " 237 CITY COUNCIL ARROYO GRANDE, CALIFORNIA OCTOBER' 26, '1982 PAGE FIVE or credibility of the nuclear plant, however, safeguards for the people should be made. She reviewed the estimated times of evacuation of the area and other aspects of the plan", She' urged Council to follow the action of the pismo Beach City Council. There being no further comments, the he~ring was ,closed. Acting, Administrator Clark responded to'several of the public comments. Council Member Hogan stated that the power from the nuclear plant is needed and he supports the proposed plan and",adgeds that2it,can be amended. Council Member Millis stated that no plan is perfect but one is needed and stated he-supports the proposed plan as,long as there,',is a procedure for its review.- Council Member Vandeveer commented that a plan is needed regardless' Of-opinion on',nuclear power or Diablo.Canyon. Council Member Gallagher stated that it is the responsibility of Council- ,to'protect the citizens and he-is'in'favor-of,the'proposed-plan. Mayor Smith agreed and added that citizens need to be advised of the' procedures' of the plan; 'Attorney'Shipsey read the title of the resolution.- On motion of Council Member Vandevee~, seconded-by'Council"Member Hogan~ it"was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO. 1672 A 'RESOLUTION OF THE CITY COUNCIL OF THE CITY 'OF ARROYO-GRANDE'ADOPTING-THE EMERGENCY RESPONSE PLAN FOR 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: -'AYES:_ NOES: ABSENT: Council, Members-Vandeveer, -Gallagher,' Millis; Hogan, Mayor Smith None None the foregoing Resolution was passed-and adopted this 26th-day of October, 1982. Council Member Gallagher left the meeting at,ll~OO P.M. FURTHER DISCUSSION RE: EUCALYPTUS TREES ALONG THE PIKE,' Acting' Administrator Clark. referred' to a:"memo received from Parks and Recreation Director Keislercstating'that he has 'checked with the City's insurance carrier,~'Carl .Warren and""Company", and'was advised that the City is not 'liable for any- damages incurred by-the trees since they are' on private 'property. : A'letter--was also received from Mr. Fogostein of Halcyon stating ,he is, unable-to attend tonight's meeting. - Council Member Vandeveer ,pointed out that,trimming'or-cutting-of the:trees is not budgeted. After "discussion",--,it was the consensus of Council'- that no action be taken on this matter; Mayor Smith requested' that letters be sent to those concerned citizens-along The -Pike informing "them of: this action. SECOND READING OF ORDINANCE TO-CORRECT INADVERTENT ERRORS AND/OR-OMITTED- COPY IN PREVIOUSLY ,ADOPTED ORDINANCE', RE: LOPEZ-WATER RATE INCREASE 'u 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. 284 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY AMENDING CHAPTER 7 OF TITLE 6, SECTION 6-7.01(g), SCHEDULES I AND II On motion of Council Member Vandeveer, seconded by Council Member H~gan, and on the following roll call vote, to wit: 238 CITY COUNCIL ARROYO GRANDE, CALIFORNIA OCTOBER 26, 1982 :, PAGE SIX' AYES: NOES, ABSENT'," Council Members 'Vandeveer, Millis, Hogan, -Mayor Smith None - Council Member'Gallagher the foregoing Ordinance was 'passed and adopted this 26th day of October, 1982. DISCUSSION BY'COUNCIL RE: SOUTH' COUNTY WATER ASSOCIATION AND MATTERS PERTAINING THERETO Public Works Director Karp explained that he had attended the' meeting of the Association on'October, 13, 1982.' He stated the main' concern-was that-the Association reconfirm their previously adopted- Resolution No. 80~1 which adopted by-laws. He recommended Council adopt the proposed resolution reaffirming adoption of the Association's resolution. Attorney Shipsey read the title of the resolution. On motion of Council Member Vandeveer, seconded by Mayor Smith, it was unanimously voted-to dispense with further reading of the resolution. RESOLUTION NO. 1673 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE REAFFIRMING ITS ADOPTION OF RESOLUTION 80-1 OF THE SOUTH SAN LUIS OBISPO COUNTY WATER ASSOCIATION On motion of Council Member Vandeveer, seconded by Council Member Hogan, and on the following roll call"vote, to wit: AYES: ' NOES: ABSENT: Council Member Vandeveer, Millis, Hogan, Mayor Smith None Council Member Gallagher the foregoing Resolution was passed and adopted this 26th"day of October, 1982. PROGRESS REPORTS OF PENDING ITEMS OF BUSINESS --Update of Land Use Element --Oak Hill Road -~Assessment District,' Re. Water Storage Facilities to Serve Tract 824, Lot 11 of Tract 604, Oak Park Acres --Appointment of Two Persons by 'Mayor Smith to Fill Vacancies on South County HlimanRelations'Commission "--City's Loan Funds under California Safe Drinking Water Bond Law of 1976, Public, Hearing set for,November 23, 1982 --School" Facilities Fee Ordinance (Being. Held in Abeyance Until "After Mayor's Meeting Scheduled for November 10, 1982) .. _ --Employer-Employee - SEIU - Memorandum 6f Understanding Attorney Shipsey stated that he is checking on the following procedure for the Oak Hill Road matter which will require a public hearing. Public Works Director Karp reported that he has contacted the attorneys for the assessment district of Tract 824. Mayor Smith stated she wished to appoint Carole Smith and Susan Christie to the Human Relations Commission 'and' gave a brief summary of their backgrounds. On motion of Council Member Vandeveer, "seconded by Council Member Hogan, it was unanimously voted to accept Mayor Smith's appointrnentsof;-Carole Smith and Susan Christie. Council Member Gallagher was absent. u u ~ I! ,- .<' 239 CITY COUNCIL ARROYO GRANDE, CALIFORNIA OCTOBER 26, 1982 PAGE SEVEN REPORT/RECOMMENDATION BY PARKS DIRECTOR ON BIDS RECEIVED FOR CONSTRUCTION OF RESTROOM FACILITY AT STROTHER PARK AND AWARDING OF CONTRACT Acting Adminis~rater Clark stated,that Parks and Recreatien Directer Keisler is recenunending that Ceuncil Award the centract fer Strether Cenununity Park restreem f~ciiity'te Jehn E:Feremaster Censtructien in the,ameunt ef $61,533. Mr. Keisler is also reconunending that Ceuncil appreve the purchase, ef tables, adrinking feuntain and waste receptacles, in house, with any additional "grant funds that remain after the contractor and ar~hitect fees are pa~4!. The base bid include~.restrooms, ,concrete walkways, the picnic area,' three'barbeques'and flat work. Alternate 1 included the'multi-purpese,ceurt and Alternate 2 the speakers sectien ef the picnic area. He also. recenunends that Ceuncil autherize the bid release from Sansone Cont~actors. On mot~on of Counci~ Member Hogan, secended by Council Member Vandeveer, it was unanimously voted to accept the withdrawal and reject the bid ef San~ene Construction. On metien of Council Member Millis, seconded by ,Mayor Smith, it was una~imously ~oted to. award the bid to John,E. Forem~ster Constructien in the amount of $6l,5~3 and autherize the use ef'any additiona~ grant 'funds that remain, after the contra~tor and 'archite~t fees are paid., Council 'Member Gallagher was abseJ;lta ~ - .... REQUEST BY CHIEF OF POLICE'POR COUNCIL APPROVAL TO PURCHASE PREVIOUSLY APPROVED BUDGETED ITEMS FOR POLICE DEPARTMENT Acting Administrator c~arkstated,tha~'he'is r~q~esting t~' p1.lrchase three handguns, a"hand-held radar gun, 'and'a portable'radie. This, item is before'Council'becaus~ a' purchase ovei$500'rieeds'to be approved., On motio" of Council Member Vandeve~:r' seconded by' Council' ,Member Mil,lis, it wa,s unanimously voted"to approve the'purchase of'the' requested items,. Council Memher 'Gallagher was abse'nt. ' REQUEST BY ARROYO GRANDE CHAMBER OF COMMERCE FOR'FUNDS IN AMOUNT'OF $10,500 FOR CHAMBER'S 1982-83 BUDGET YEAR Acting,Administrator,Clark referred to the letter from the Chamqer of Conunerce and ,stated they are requesting'previously appreved:, funds allotted to. them in th~ amount of $lO,500,for their 1982-83 budget. On motion of Council Member Vandeveer,seconded by Council Member Hogan, it,was un,animously voted to auth9rii~ funds in the amount' of,$10,500 to the, Arroyo. Grande chamber, of: Commerce. COUNCIL CONSIDERATION'OF REVISED CONSTRUCTION 'STANDARDS FOR CITY OF ARROYO GRANDE , "PUblic Works' :D:Lre~tor Karp requested 'that Council 'adopt'ethree new construct~on .standa.r~s.: D5,. M8, and W9, as, well as revisions _to the existing standards. He indicated that item D5 'is meant to 'act 'as a 'guideline to not only new cons~ru~tion, but a~so'pr~perty o~ners wish~ng. to re-~andscape their property., The standards illu~trates techniques.which have been used througho~~ the .~;i.ty_ i~ .re:cE~nt. .cons~r~cti.?n,.;in order eto minimize dra.ina-ge problems on individual lot,s. The standard was originally prepared by .' .'.- .'~ . ~. . . . . Northern 'California Savings and Staff feels it will be a helpful tool'iri our City standards. Standard Number M8stipulat.3s niilliimum allow,able ' " displacements for existing sidewalks. Upen'adoption, Staff will 'use this standard t,o determine when sidewalk replacement is appropriate. , . .. . . - . . ~ . . '.. . Also, the standard suggests a reconstruction technique to be used in the sidewalk repair. Standard W9 is 'p~oposed to' eliminate confusion on the part of th~ con~~actor~ ipstalling f~re pro~~~tion.w~thin. the City. It will also serve: to. standardize the type'of ha~dware to. be ~sed i~,such, installations. Mr. Karp reconunended adoption ef the"resolutiori'for the standards. Attorney Shipsey read the title 'of the 'resolution. :On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was u~animously voted to dispense with further reading of the resolution. .- 240 CITY COUNCIL ARROYO GRANDE, CALIFORNIA OCTOBER 26, .1982 PAGE EIGHT RESOLUTION NO. 1674 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING CONSTRUCTION STANDARDS FOR.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:. 'c:,; AYES: NOES.':. ABSENT: Council Members Vandeveer, Miilis, Hogan,. Mayor Smith None Council Member Gallagher . u the foregoing Resolution was passed and adopted this 26th. day of October, 1982. FINAL APPROVAL OF PARCEL MAP AG 82-171,.LOT SPLIT CASE NO. 82-377, ELMER MENARD/ REUBEN KVIDT, OAK PARK ACRES Public Works Director Karp stated,that the subject lot split subdivides .open space, lot 13.of Tract 604, also known as Oak.Park Acres. Approval of the map facilitates transfer of that portion of land between the realignment'of Noyes Road, and the old alignment of Noyes Road to Mr. Menard who lives adj.acent to the property and presently uses the area for grazing. Neither of the lots created by the map are considered buildable by Staff, and will probably remain.ineopen space. The area is zoned planned development.and the specific plan cails for the use of the property as open space, and permanent pasture. The .split is consistent with Ordinance No. 140 C.S., as. well as 259 C.S., which was adopted' in order to permit the split. Mr. Karp recommended approval of Parcel Map No. 82-171 with the finding that it is consistent with City. zoning and general and specific plans for Oak Park Acres. On motion of Council Member Hogan, seconded by Council Member Vandeveer, it was unanimously voted to approve Parcel Map No. 82-171 subject to the finding as stated by Mr. Karp. Council Member Gallagher was absent. FINAL APPROVAL OF TRACT 950, "MARLO WEST" DEVELOPMENT, LOCATED ONFARROLL JUST EAST OF GRANDMOTHERS MOBILEHOME PARKe Public Works Director Karp .stated that the.subject tract is located on the southerly frontage of ~arroll Avenue, just .easterly of the Grandmothers Mobilehome Park. The sub9ivision is a condominium which will eventually create 22 single family homes, as well as recreational amenitiesa The area is zoned R2 and classed medium low density residential in the Land Use Element of the General 'Plan. The Planning Commission approved the condominium more' than a year and a half ago prior to the date:of presentation to Council. The map has not yet expired because bf extensioqs granted as - -. "",.~. " . .' .' ,', .' - -" , a. result of the sewer moratorium, and map. act;"revisi6nsswhich took 'e'ffect January 1, 1982. The developer. has provided to set aside a letter. to guarantee their improvement.w~th. the City. Subdivision fees have also been paid at .this- tiirie.--- A...blanket -easement for water and sewer pUIposes has been dedicated ?nthe ma~,. as well.as e~s~ments for street tree purposes. U"I' Furthermore, the developer has made a dedication for street widening.o~ Farroll Avenue. Mr. Karp recommended approval of,Tract 950 subject to the following findings and conditions: 1) Find that the requiredQimpr6vem~nts2are necessary prerequisites for the orderly development of the community. 2) Accept on behalf of the public subject to completion of improvements,. the offers of dedicati~~ for stre~ts and easements for_water, sewer, and street tree planting purposes'~' 3) Find that. Tract 950 is consistent with City zoning. 4) Find that Tract 950 is consistent with the conditionally approved tentative map approved by the Planning Commission and found consistent with the General Plan. ~ n ~ ' 241 CITY COUNCIL ARROYO'GRANDE, CALIFORNIA OCTOBER 26, 1982 ,PAGE NINE 5) Authorize the Mayor to enter into the improvement agreement with the developer. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was .unanimously voted to approve Tract 950; "Marlo West", subject to the findings and conditions stated by Mr. Karp. Council Member Gallagher was "absenta APPROVAL OF RIGHT OF WAY AGREEMENT AND ACCEPTANCE OF GRANT DEED FROM JOE R. 'CAMARA FOR-EASEMENT 'TO BUILD"FAIR' OAKS STORM 'DRAIN Public Works Director Karp reported that the City's consultant, Mr. Tarvin, has acquired the secorid right of way. for-the City.s proposed storm drain ~etween Grand Avenue and Walnut Street in the Fa~r Oaks District. The City still must acquire: rights of way from three different o~erships in order to complete right of way negotiations. Mr. Karp recommended that Council authorize approval of the right of way contract between the City and Mr; and Mrs. Joe R:"Camara;'authorize release of $600'to cover the appraisal value of theeeasement being' acquired; as"well 'as reiniburseme,,;t for existing 'landscaping; and'accept on behalf of the public the individual' grant deed of drainage,easement'as required; 'On motion of Council Member' Vandeveer ~ . seconded by .Council"' Member >H6gai1~ -'it- was unanimolisiy ,!ot~d to approve the right of'way contract between ,the City 'and Mr. and Mrs'. Joe R. Camara; authorize the release of '$600' to 'cover the appraisal value of the easement being acquired, as well-as""reimbursement for existing landscaping; and'accept on behalf of the public the individualgrant'deed of drainage easement.' Council Member'Gallagher was 'absent: dC' COUNCIL CONSIDERATION OF, REQuEST 'FORe SEWER' CONNECTION WAIVER BY CALVARY CHAPEL, 1155 MAPLE STREET Public Works Director Karp stated that the Calvary Chapel is requesting a waiver of a 'sewer' hookup 'at 1155 Maple Street, where ,they are remodeling a single family dwelling for use as a Sunday School: In 1976 Council extended the time for hookup to the sewer until the parcel -'is developed. Inasmuch as use of the sanitary facilities will be most likely less of a load on 'theexisting"septic 'tank than the previous use as a single family dwelling; and since the remodeling'merely involves'repainting of the structure, the'Staff has'no'problem'with'exterision of'the'time 'to hookup until development of the property is requested, as long as 'the private disposal system remains in satisfactory operation. On motion of Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to approve the waiver of sewer hookup at 1155 Maple Street as long as ~e private ~isposal system~~emains in satisfactory operation. ..... ' , . , Council Member Gallagher,was absent. RESOLUTION TO EFFECT NO PARKING ZONE ON SOUTH ELM STREET (EAST SIDE OF ELM STREET AND SOUTH FROM FARROLL'ROAD)-AS RECOMMENDED BY PARKING ,AND TRAFFIC COMMISSION Public Works Director Karp reported that at the' 'suggestion of the Police Department, a hearing was held to discuss establishing no parking zones on both sides of South Elm Street, between Farroll Avenue and Lancaster Drive. After discussion, public i~put, and the provision of accident data by Staff, it was agreed that elimination of parking on the unimproved side of the street would serve to eliminate obstacles which have appearently been contributing factors to past accidents in that area. Mr. Karp recommended addptio~ of the resolution. Attorney Shipsey read the title of the resolution. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to dispense with further reading of the resolution. " 242 CITY COUNCIL ARROYO GRANDE, CALIFORNIA OCTOBER 26, 1982 PAGE TEN RESOLUTION NO. 1675 A RESOLUTION OF THE2CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING "A "NO PARKING" ZONE ON A PORTION OF SOUTH ELM STREET On motion of Council Member Hogan, seconded by Council Member Millis, and on the following roll call vote, to wit: AYES: NOES: ABSENT: - Council Members Vandeveer, Millis, Hogan, Mayor Smith None Council Member Gallagher the foregoing Resolution was passed and-adopted this 26th day of_ October, 1982. ORAL COMMUNICATIONS Gary Tucker, 2153 Vista,Oceano, spoke on behalf of the Calvary Chapel, 1155 Maple-Street, and stated-he questiones the required drainage fees for the property. It was- the consensus of Council to refer this- matter to the Public Works Director for consideration. Mayor Smith reported on the recent League of California Cities Convention held in San~Di~go, October 14-16, 1982. She stated that it was very informative and she- hopes that all department heads may be able to attend in the future 'as -it is a great source-of training.- Council Member Vandeveer requested that Staff check into-the Ridgeview- Street area, which --is just outside the City limits. He stated that a very unacceptable situation exists and requested that Mr. Karp contact the Health Department. Council Member Millis requested that discussion of requirements of political signs be placed on the next agenda. CLOSED SESSION- Council adjourned to closed session at 11: 50 -P .M. and returned at 12:21 A.M. ~, ADJOURNMENT On motion of Council Member Vandeveer, seconded by. Council" Member Millis, it was unanimously voted to adjourn at 12:22 A;M; to a-joint meeting with the Village Merchants Association and Downtown Parking Advisory-Board on November 8, 1982 at 7:00 P.M. -tS'~~ MAYOR ATTEST: u u