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Minutes 1980-12-09 424 CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 9, 1980 The City Council met in regular session with roll call, Council Members B'Ann Smith, Karl and Lawrence E. Vandeveer reported present. Mayor Pope presiding. Upon A. Hogan, Mark M. Millis, PLEDGE OF ALLEGIANCE AND INVOCATION Council MemberoMillis led the Pledge of.Allegiance to our Flag. Thereafter, Reverend Alan P. Gorsline, United Methodist Church, Arroyo Grande, California, delivered the invocation~ APPROVAL OF MINUTES On motion of Council Member Smith, seconded by Mayor Pope, and unanimously voted, the minutes of November 25, 1980 were approved as presented. u APPROVAL OF WARRANTS On motion of Council Member Vandeveer, seconded by Council Member Millis and unanimously carried, Demand Warrants #14000 through #14135 in the amount of $168,385.69 and Payroll Warrants #18570 through #18658 in the amount of $65,226.28 were approved and ordered paid. APPROVAL OF CONSENT AGENDA ITEMS On motion of Council Member Vandeveer, seconded by Council Member Smith, it was unanimously voted to approve the Consent Agenda Items. A-I. Request fmr a Fee Exempt Business License to Sell Christmas Trees on Behalf of the Allan Hancock A'Cappella Choir. RECOMMEND APPROVAL. A-2. Letter of Appreciation to the Arroyo Grande Fire Department by Jeanette Tripodi, 521 E. Cherry Avenue. RECOMMEND RECEIVE AND FILE. o A-3. Receipt of Latest League of California Cities' Legislative Bulletin and Others. RECOMMEND RECEIVE AND FILE. A-4. Receipt of Departmental Monthly Report for the Month of November, 1980. RECOMMEND RECEIVE AND FILE. A-5. Request of Fire RECOMMEND APPROVAL. Chief for Annual Scheduled Burn Week(s) for February 1 - 7, 1981 (Winter Burn Week) May 3 - 9, 1981 (Spring Burn Week) August 23 - 29, 1981 (Summer Burn Week) November 1 - 7, 1981 (Fall Burn Week) 1981. A-6. Receipt of Joint Powers Health Benefits Financial Status Report and Quarterly Financial Report. RECOMMEND RECEIVE AND FILE. ITEMS WITHDRAWN FROM AGENDA - D-3, C-l, C-2(a) , C-5 LETTER AND PETITION RE: REQUEST FOR RENT STABILIZATION ORDINANCE - MOBILEHOME PARKS IN ARROYO GRANDE Mayor Pope stated that this item will be considered first because of the many persons present for its consideration. Administrator Butch.' stated that a letter was received from Mr. Bernard E. Burke requesting Council to adopt a rent stabilization ordinance. Mr. Burke stated he represents those persons in Sunrise Terrace Mobile-Home Park. He said there are currently 413 mobile home park spaces in the City which represents a population of approximately 800'adulti~ All the signers of the petition are concerned about the' rising cost of~)-'rental for their spaces which is becoming more difficult~toc'pay because many of the renters are on fixed incomes. Mr. Burke requested that Council adopt an emergency, ordinance freezing rents as of November I, 1980. He submitted copies of Rent Stabilizatio~ Ordinances adopted by other cities. City Attorney Shipsey stated that he has not u .' ,,...--~ , , , I, I I; " II ,I I i n I " :1 n ~I 425 CITY COUNCIL ARROYO GRANDE, CALJrFORNIA DECEMBER 9, 1980 PAGE TWO reviewed the ordinances but wishes to do so. Mayor Pope suggested that the mobile home park owners have the opportunity to speak and recommend setting a public hearing in January. Council Members agreed that the park owners'should also have a right to speak. After discussion, it was Council's decision to hold a public hearing 'January 14,1981 at 7:00 P.M. at the Community Building, 211 Vernon Avenue. I PUBLIC HEARING ON PROTESTS 'OR OBJECTIONS TO THE RESOLUTION OF INTENTION AND ENGINEER'S REPORT - CANYON WAY ASSESSMENT DISTRICT NO. 79-1 Administrator Butch introduced Mr. F. Mackenzie Brown of Brown and Nazarek\ attorney for the assessment district. ,Mr _, Brown briefly covered Council's previous action. On October 14, 1980 the resoluuion of intention was adopted and on October 28, 1980 Council adopted the resolution qf preliminary approval of the engineer's report. Mr. Brown stated that'tonight Council must discuss three items: 1) the boundaries of the assessment district; 2) concerns addressed to design; and 3) confirm the assessments",:'and .order the improvements. Mr. Larry Rohloff, of Ervin Engineering and engineer for the project, reported that on Novembe~ 20, 1980 bids were received fo~ the project and,'Charles Pratt Construction was apparent low, bidder at $219;000. He indicated the boundaries 'of the assessment district on the map. I' The improvements consist of street improvements, curb. and gutter, sto!m drainage improvements; sewer i~provemen~s, water improvements and utilities (electricity, telephone, cable TV, gas). Administrator Butch stated that a written protest was",received from Mr. Wayne Frisby. Mr. Rohloff answered the questions contained in Mr. Frisby's letter. Mr. Jerry Weaver, attorney for Mr. Frisby, stated that if the assessment district is approved Mr. Frisby ~ill be forced to sell the property as he is retiring and cannot afford the assessment. The hearing: having been properly published and noticed, Mayor Pope declared it open for public comment.' LEON KOPISKI, 761, S. Elm, stated he wishes to build an? cannot without the improvements. BRIAN CURREN, 202 Canyon Way, spoke in opposition. SHARON FISCHER, 565,Gaynfair, spqke in favor. Mr. Wayne Frisby, spoke in opposition as it is a financial hardship. LEON MYERS, 856 Pearl, was in favor. MIKE MORRIS, Tally Ho Road, commented regarding the drainage. GARY COMELY, Canyon Way, spoke in favor. There ,being 'no"'further comment, the hearing was closed. There was discussion ,regarding Mr. Frisby's property and the possibility of spliting it to enable him to afford the assessment. Mr. Rohloff stated that based on the comments received this evening the,\ce was a 17.32% 'protest of the assessment di,strict. Council Member Vandeveer stated that he is in sympathy for those persons who spoke in . I _ . ., opposition,'however, the decision must go with the maj,ority. Council Member Millis questioned the possibility of Mr. Frisby subdividing his property. Council Member Hogan questioned the cost of the engineering. Council Member Smith stated that those in opposition are in the minority_ Mayor Pope added that :this assessment district was proposed by ,the property owners. Mr. Brown stated that the first action of Council is tq adopt the resolution ordering the changes, a resolution overruling and denying the protests and a resolution confirming'the assessment. and order~ng the improvements. Upon motion of Council Member Vandeveer, seconded by Council Member Smith, it was passed to continue with and adopt the three resolutions stated by Mr. Brown. :,' Council MeinberHogan dissented. i ' ~ Administrator Butch read the title of the resolution opdering certain changes. Upon motion of Council Member-vandeveer, seconded by Council Member Smith, it was vot~'d to dispense with further reading of the re~olution. Council Member:! Hogan dissented. 426 CITY,COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 9, 1980 PAGE THREE RESOLUTION NO. 1445 RESOLUTION OF THE CITY COUNCIL ORDERING CERTAIN CHANGES AND MODIFICATIONS 'IN PROCEEDINGS AND ASSESSMENTS IN AN ASSESSMENT DISTRICT PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913", BEING DIVISION 12 OF THE STREETS AND HIGHWAYS CODE OF THE STATE' 'OF--CALIFORNIA Smith, On,motion of Council Member Vandeveer, seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Smith, Millis, Vandeveer, 'and Mayor Pope Council Member Hogan None the foregoing Resolution was passed and adopted this 9th day of December, 1980. Administrator Butch read the title of the resolution"overrulling and denying protests. Upon motion of Council Member Vandeveer, seconded by Council Member Smith, it was voted to dispense with further reading of the resolution. Council Member Hogan dissented. RESOLUTION NO. 1446 RESOLUTION OF THE CITY COUNCIL OVERRULLING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT On motion of Council Member Vandeveer, seconded by 'Council Member Smith, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Smith, Millis, Vandeveer, and Mayor Pope Council Member Hogan None the foregoing Resolution was passed and adopted this 9th day of December, 1980. Administrator Butch read the title of the resolution confirming the assessment. Upon motion of Council Member Vandeveer, seconded by Council Member Smith, it was voted to dispense with further reading of the resolution. Council Member Hogan dissented. RESOLUTION NO. 1447 RESOLUTION OF THE CITY COUNCIL CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS ,MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT On ~tion of Council Member Vandeveer, seconded by Council Member Smith, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Smith, Millis, Vandeveer, and Mayor Pope Council Member Hogan None the foregoing Resolution was passed and adopted this 9th day of December, 1980. u u I: ,I n : : I I I : I n I, -------'-11427 CITY COUNCIL , ARROYO GRANDE, CALIFORNIA DECEMBER 9, 1980 PAGE FOUR FIRST READING OF ORDINANCE - REZONING CASES 79-124,AND 79-126, CANYON WAY, JAMES WAY AND PORTIONS OF TALLY HO ROAD, FROM "RA.,.B3" DISTRICT TO "RA-B2" DISTRICT Administrator Butch displayed a map of the area and stated that the Planning Commission recommends it be zoned from "RA-B3" to "RA-B2". He read th'; title of the ordinance. Upon':motion 'of Council Member Vandeveer, seconded by Council Member 'Hogan, -it-was' unanimously voted to dispense with further reading of the ordinance. PUBLIC HEARING .,. APPEAL OF PLANNING COMMISSION DECISION AND PRE-ZONING CASE, NO. 80-142,HUASNA ROAD ANNEXATION NO.4 TO "P-D" (WELLS) The hearing having been properly published and noticed, Mayor Pope opened it for public comment. STEVE COOL, attorney representing Mr. Wells, requested that all previous testimony be entered. into the record. ,He stated that he, and Mr. Wells have agreed to. the continuance of the last hearing but are still.of the opinion that notice was properly given as provided by law. RON HARRIS, attor~ey representing. the Phillips at 216 pearwood, questionedl,if the zoning had been discussed at the. Planning Commission level. ELIZABETH JACKSON, .208 Fairview, questioned the proposed zoning. PAUL HADDoCK, 587 Valley Road, discussed. the City's annexation policy. MARIE CATTOUR, 195 Orcutt, pointed out that some Council Members stated they were not in favor of annexations.when running for. office. ELAINE GUYLER, 110 pearwood, spoke in opposition. JACK STEWART, 202,Pearwood, spoke regarding' the drainage problems. JOE ZOGATA, 718 Grand Avenue, was in favor of. the annexation'; GABE DE LEON, spoke in. favor. CHARLES SILVA, 102 pearwood, stated that Council should be considering the annexation and not drainage problems. ANTHONY AZEVEDO,.spoke in favor. JOE, ROSE, 212 Pearwood, spoke in favor. : PAUL HADDOCK, 587 Valley Road, stated the City should.:<utilize the rain water collected on the property. MR. COOL stated he wished to point out that Mr. Wells h~s waived the requirement of the 60 day review by the ciiy Council. He also stated. that zoning was discu~sed by the Planning Cpmmission and read the ~genda which listed zoning consideration.. Mr. Wells :~tated that he was told by the County that they would not allow any development of the property until the drainage prOblem was resolved. Council Member Smith stated she is::not in favor of annexations and is not in favor df this. one. However, if this property is annexed she recommends that, it be P-Dizoning and not R-l zoning. Council Member Vandeveer.stated:he is also not in favor of annexations but he has talked with residents in the area and has found the majority. in favor of the annexation. He also stated it,is a good tradeoff and would correct.the d~ainage problem. Council Member Vandeveer.,moved to reaffirm the position of the Council on October 14, 1980 and overturn the de~ision of the Pl~nning Commission of denial; The motion was seconded by Council Member Hogan. Council Member Millis stated the Planning Commission decision should be upheld. and the d' , not "f dd" ralnage ls/an excuse to ]UStl y a ltlonal annexations. Council Member Hogan stated the drainage problem should be corrected and the annexation will do.,this. A roll call vote was taken: !: AYES : COl~ncil" Members 'Hogan';:: Vandeveer, p and', Mayor" Pope'" NOES: Council Members'Smith'and Millis ABSENT: None , Mayor Pope stated the next public hearing is the consideration of zoning of the prbperty. Planning Director Castro said the zoning was considered by the Planning Commission on September 16, 1980 and they recommend the zoni~g be i "P,D" instead of "R-l". Mr. Cool stated M~. Wells is in agreement" wi th the. IIP_D" _ *oning. The hearing having been properly published and notic~d Mayor Pope opened it for public comment. RON HARRIS, questioned the prezoiling hearing process. There,,;being no further comment, the hearing was closed. Council Member Millis stated he is opposed to the P-D designation because there is no control. Administrator Butch read the title of the. ordinance~ Council Member Hogan moved to dispense with further reading of the ordinance I: and was seconded by Council Member Smith. A roll call vote was taken. 428 CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 9, 19S0 PAGE FIVE AYES: Council Members Smith, Hogan, Vandeveer, and Mayor Pope NOES: Council Member Millis ABSENT: None PUBLIC HEARING - APPEAL TO PLANNING COMMISSION ACTION ON REZONING CASE NO. SO-143 (GRANDE HIGHLANDS) (SAN. LUIS ENGINEERING) - ZONE CHANGE FROM "A" DISTRICT TO "P D" DISTRICT (BUSICK AND GEARING) Planning Director Castro displayed a map of the proposed project and stated there are two alternatives regarding the main collector street into the project from Valley Road. There are two problems regarding the drainage. U One is to consider a retention pond or some other solution. The Planning Commission agreed that the retention pond would be adequate. Mitch Walker, representing Mr. Gearing, spoke regarding the project and explained that one of the major issues was drainage. He stated he has approached the adjacent property owners concerning the construction of a drainage channel and was told they are not interested. The hearing having been properly noticed and published, Mayor Pope opened it for public comment. LESTER KRUSHAT, 222 W. Cherry, read a petition of 31 signatures opposing the development. JIM MCGILLIS, 1142 Sunset Drive, spoke regarding the development. REUBEN KVIDT stated the property is not suitable for agriculture and was in favor of the development. PAUL HADDOCK, 5S7 Valley Road, spoke in favor. D.G. PORTER, 541 Ide, spoke in favor of the development but was opposed to the drainage proposed. ELIZABETH JACKSON, 20S'Fairview, spoke to the question. There being no further comments, the hearing was closed. Mayor Pope stated his main concerns are the drainage and circulation. He said the El Campo/ Valley Road should be the main arterial, however, there should be a collector road from the arterial to Orchard Avenue. Council Member Smith stated that the property. should be developed and that Orchard Avenue should be a cul-de~sac. The property should be zoned P-D. Council Member Hogan also stated that the property should be developed and consideration of this project has taken too much time. .Council Member Millis stated.he agrees with the City Engineer that the drainage problems should be resolved before zoning. Council Member Vandeveer stated that the development appropriate since it is not farm land and the adjacent property owners are not opposed. City Engineer Karp pointed out that the project will not cure or hinder drainage conditions in the farm land and that the channel will eventually have to be puilt. He said the farm land areas are flooded at present without a development on the hills. Council Member Vandeveer moved to overturn the denial of the Planning Commission, to zone the area from A to P-D, to specify that the development will not exceed lS3 units and to approve plan Alternative C.The"l1\otion:.was':.secondedi.by"Council Member Hogan. A roll call vote was taken: AYES: Council Members Hogan and Vandeveer, and Mayor Pope NOES: Council Members Smith and Millis ABSENT: None PUBLIC HEARING REZONING CASE NO. SO 146, ZONE CHANGE'FROM "H~S" HIGHWAY SERVICE DISTRICT TO "C-N" NEIGHBORHOOD COMMERCIAL DISTRICT, LOTS 1 AND 2, PARCEL MAP NO. AG 79 SOO, TRACT NO. 604, OAK PARK ACRES (KOENIG AND WOOD). Planning Director Castro stated the Planning Commission recommends the zone change and they adopted a resolution of intention to reclassify the property to prohibit another shopping center. Mr. Jim Wood, Wood Realty, Long Beach,~answered questions of the Council. The hearing having been properly published and noticed, Mayor Pope opened it for public comment. There being none, the hearing was closed. Upon motion of Council Member Millis, seconded by Council Member.Vandeveer, it was unanimously voted to approve rezoning case no. SO-146. Administrator Butch read the title of the ordinance. Upon motion of.Council Member.Millis, seconded by Council ~;/~e~~r,.,)Y~n4e~eer, it was unanimously voted to dispense with further reading of the reading of the ordinance. ~ ~. I' 'I , j: 'I I ,I .1 I' n I , 1 ! I ! ! , I I I I n , - ~4 2'9 CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 9, 1980 PAGE SIX O 80 147 ZONE CHANGE FROM, ','R-"G" DISTRICT PUBLIC HEARING - REZONING CASE N. - , TO "R-3" DISTRICT, 523 CROWN STREET (IRVINE/GORDON) Planning Director Castro stated that action tonight will confirm the General:Plan Amendment previously approved by Council in which the designation, was changed from medium low to high density. The' .hearing'having been:':properlY:,ljlmbl-ished and noticed, Mayor Pope opened it for public c~ent. Kirby Gordon, 405 Indio, Pismo Beach, spoke to the question. There:beLng' no:further comment, ,the hearing ,was closed. Administrator Butch read the title ,of the ordinance. "Council Member Vandeveer moved 'to dispense with further reading of the ordi~ance and was;seconded by Council Member Hogan. A roll call; vote was taken: AYES,:.. Council. Members Hogap.,'Vandeveer and Mayor Pope NOES: Council M~~ers Smithand,Millis ABSENT: ' Nohe Mayor Pope stated that because a four-fifths vote is required to dispense with further reading of an ordinance, he requested Administrator Butch to read the entire ordinance. Council Member Millis stated he is opposed to this zone change. Administrator Butch read the ordinance in its entirety. PUBLIC HEARING ON RATE INCREASE REQUEST OF"FIVE CITIES TAXI AND YELLOW CAB OF FIVE CITIES FROM $1. 20 PER MILE TO $1. 60 PER ,MILE Administrator Butch presented a list of charges of other cab compahies for comparison., The hearing having been properly published, Mayor Pope opened: the hearing for comment. There being none, the hearing was closed. Mrs~ Reynolds, Five Cities ~axi"spoke regarding the increase. .Council Members expressed concern at the increase as it may prohibit citizens from using." Upon motion of Council Member Smith, seconded by Council Member Hogan, it ~as unanimously voted to grant the rate increase. PROGRESS REPORTS - VARIOUS CITY PROJECTS , COMMUNITY BUILDING,- Administrator Butch stated it is time for the sixth prog~ess payment. Upon motion of Council Member Millis, seconded by Council 'Member Vandeveer, it was unanimously voted to approve the sixth progress payment for the Community Building in the amount of $53,083.80. REPORT, i" AND'RECOMMENDATION OF PLANNING COMMISSION MEETING OF DECEMBER 2, a} Rezoning Case No. 80-145, from "RA-B3" Di,strict to "RA-B2" District; Tally Ho Road (LaVine). PUBLIC, HEARING SET FOR JANUARY 13, 1981 at 8:00 P.M. 1980 REPORT FROM CITY CLERK RE: EL CAMINO REAL NO. 1 ANNEXATION ELECTION ~dministrator Butch explained that a resolution needs to be adopted altowing Council Members to,;submit arguments in favor or against the election and a second resolution authorizing the City Clerk to canvass the election. ,Administrator Butch read the title of the resolution authorizing Council Members to submit, arguments. Upon motion ,of ,Council ,Member, Millis, seconded by Council Member Vandeveer, it,was unanimously voted to dispense, with further reading of the resolution. RESOLUTION NO. 1448 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 On motion of Council Member Vandeveer, seconded by Council Member Millis, an~ on the following roll call vote, to wit: 1 AYES: NOES: , ABSENT: Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope None None the foregoing Resolution was passed and adopted this 9th day of December, 1980. -430 CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 9, 1980 PAGE SEVEN Administrator Butch read the title of the resolution authorizing the Cit Clerk to canvass the election. Upon motion .of.Council Member Vandeveer y s~conded by::Council Member Millis, it was.unanimously voted. to. dispense' wlth further readlng of the resolution. RESOLUTION NO. 1449 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, ORDERING THE CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON. TIlE 3RD DAY OF MARCH, 1981, TO BE MADE BY THE CITY CLERK OF TIlE CITY OF ARROYO GRANDE o On motion of Council Member Millis, seconded by Council. Member Vandeveer, 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 Resolution was passed and adopted this. 9th day of December, 1980. REQUEST OF PLANNING COMMISSION FOR EXPANSION OF EXISTING USE. USING PUBLIC RIGHT OF WAY - FIVE CITIES RENT-ALL, 100 TRAFFIC . WAY Administrator Butch stated the Planning Commission is recommending granting an encroachment permit for use of the public. right of way for use of the storage of equipment on the property adjacent to Five Cities Rent-All. He said staff. is concerned regarding the possible precedent-setting of allowing a public right of way to be used for the display of equipment and possible liabilities involved. Jim Meinert, Five Cities Rent-All, stated he felt there is enough room for pedestrians to walk while the equipment is displayed. Administrator Butch stated that staff is concerned that if use is made of the Jim's Radiator Shop property that crossing.Traffic Way may become a dangerous situation. . John Kuden, owner of the adjacent property, questioned. the construction of a storage shed without a building permit and objected to the use..of public property for display of equipment. Mayor Pope instructed the head of the building department to send a written report to Mr. Kuden regarding the construction. of; the shed and asked Mr. Kuden to submit his questions in writing. William Kapp, 617 Woodland, spoke regarding possible compensation to. the City for the use of the right-of-way. City Attorney Shipsey stated there may be a problem if a person should fall. Council Member Vandeveer said he would support the decision of the Planning Commission if the situation could be reviewed on a yearly basis. Mayor Pope suggested that he would be in favor of granting display of the equipment if the area is marked 'no parking'. Mr. Shipsey stated that it is his opinion that the City would be...liable only if Council was aware of a dangerous situation and allowed it to continue. It was the consensus of Council to allow display. of the equipment from the gate north and that an encroachment permit be granted. RECEIPT OF BIDS ON TWO NEW POLICE CARS FOR. 1980-81 - BUDGETED ITEMS Administrator Butch stated that two bids were received for 1981 police cars. He recommended Council accept the low bid of $6,989.87 per car plus 6% sales tax fram Paul Reynolds Ford, 330 Traffic Way. The total price is $14,818.52. Mayor Pope suggested that the City request bids from car dealers outside the City because of the high cost of vehicles. Upon motion of Council Member Millis, seconded by Council Member Hogan, it was unanimously voted to accept the low bid from Paul Reynolds Ford. o I~ I I I \ ! , I I , , , , , n / n , / I I I I ~. - - ---- ---~-4-3.J CITY COUNCIl! ARROYO GRAN~E, CALIFORNIA DECEMBER 9, 1980 PAGE EIGHT REQUEST COUNCIL APPROVAL OF REVISED 1978-79 325 CLAIM ~ER ~UDITO~OS REQUEST Ie City Engineer Karp stated ,that the sta~e Audltor ~ Offlc~ .r~quests a re-amendment of the' 1978-79 Transportation C1alm. An audlt has lndlcated that it will be necessary to re-amend the' previous year claims where the request for::funding has been made under the transit article of the Act: He requested that Council make a finding that there are n? u~et translt . needs which'can be reasonably met through expansion of eXlstlng transportatlon systems, by'establishing new systems, or by contracting. for service from carriers and others pursuant to Article 8 of the Mills-Alquist-Deddeh Act; and approve" by appropriate resolution the proposed 1978-79 re-amended Annual Transportation Claim, in the amount'of $145,027.00: He read the title of the resolution. Upon motion of Council Member Millis, seconded by Council Member Smith, it was unanimously voted to dispense with further reading of ~he resolution. RESOLUTION NO. 1450 A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE' APPROVING THE 1978-79 REAMENDED ANNUAL TRANSPORTATION CLAIM AND AUTHORIZING ITS SUBMITTAL TO THE SAN LUIS OBISPO AREA COUNCIL OF GOVERNMENTS r On motion of Council Member Millis, ..-seconded by .Council member Vandeveer, ,'and on the following roll call vote, to wit: I . AYES: NOES: ABSENT: , Council Members Smith, Hogan, Millis, Vandeveer, and Mayor Pope" None None the foregoing Resolution was passed and adopted this 9th day of December, 1980. ACCEPTANCEi'OF CURB, 'GUTTER ON. TALLY HO ROAD - FOGLE CONSTRUCTION Gity Engineer Karp stated that construction of the curb.and gutter on Tally H9 is completed and requested Council accept it and authorize the City Clerk to file the appropriate Notice of Completion. Upon motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to a,?cept the curb and gutter.on Tally Ho Road.. . APPROVAL OF PARCEL MAP, LOT SPLIT CASE NO. 80-44 (GERRISH) CORNER OF GRAND AVENUE AND' COURTLAND STREET City Engineer Karp requested approval of the lot split and parcel map subject to the following conditions: 1)' Relieve'the applicant of the requirement to install Brighton Avenue frontage improve~ents until construction of the new shopping center. 2) Accept ~he water line easement on behalf of the public. 3) Find that Parcel Map AG 80-44 is consistent with the General Plan and zoning.' i Upon motion of Council Member Hogan, seconded by Council Member Vandeveer, it was unanimously voted to accept parcel map AG-44 subject to the conditions stated by Mr. Karp. REOUEST FOR WATER SERVICE ON BRISCO HILL (L'.&".L TRUCKING) Administrator Butch stated that the City has an agreement with Mr. Brisco;, for water service although the request is from Mr. Leppo, Council's approval is required. The request for water is for Mr. Brisco's property. Upon motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanim~:>usly voted to grant the request for water service to Mr. Louis Leppo,: L & L Trucking. -4-J2 CITY COUNCIL ARROYO GRANDE, CALIFORNIA DECEMBER 9, 1980 PAGE NINE REQUEST FROM MR. AND MRS. SPEARS, RE: IMPROVEMENTS-, ALONG RAILROAD AVENUE AND CHERRY AvENUE City Engineer Karp stated that in 1965 the City proposed relocation of Pacific Coast Railroad Place-within the existing right of way adjacent to the two parcels. The purpose of the relocation was to permit an orderly development of both properties as well as to provide for a relinquishment of excess City right-of way to adjacent property owners. He is requesting that staff be authorized to expend City funds to provide for an eight foot wide conforming paving adjacent to the Spears' lot. The pavement is not to be installed until such time as the driving surface is realigned as previously required with the lot split approved for Mr. Baldwin on his parcel which lies along the westerly frontage of PCRR Place between East Cherry Avenue and Allen Street. Upon motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to approve the request. ORAL COMMUNICATIONS Administrator Butch reminded Council that the Mid-State Bank groundbreaking cerrmony will be at 10:30 A.M. tomorrow. He announced that Council won first place in the Grover City Christmas parage. He stated that Deanna Wheaton, administrative intern, is leaving and we are all sad to see her go. Also, the paving is completed on Brighton Avenue. City Engineer Karp requested that Council accept the right of way on Brighton Avenue. Upon motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously ~oted to accept the-Baden dedication on Brighton Avenue. AOOOURNMENT Upon motion of Council Member Hogan, seconded by Council Member Millis, it was unanimously voted to cancel the meeting of 12-23-80 and adjourn at 1:00 A.M. to the next regular meeting of 1-13-81. "m", (lf7t{/~4-U DEP CITY CLERK o o