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Minutes 1982-07-13 176 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 13, 1982 The City Council met in regular session with Mayor Smith presiding. Upon roll call, Council Members Matt Gallagher and Mark M. Millis reported present. Council Members Lawrence E. Vandeveer and Karl A. Hogan were absent. PLEDGE OF ALLEGIANCE Council Member Gallagher led the Pledge of Allegiance to our Flag. Council Member Millis delivered the invocation. APPROVAL OF MINUTES On motion of Council Member Millis, seconded by Council Member Gallagher, it was unanimously voted to approve the minutes of June, 16, 21, 29, and 30 as presented and June 22, 1982 as amended. APPROVAL OF WARRANTS On motion of Council Member Gallagher, 'seconded by Council Member Millis, Demand Warrants #17729 through #17958 in the amount of $310,892.87 and Payroll Warrants #22609 through #22835 in the amount of $131,202.96 were approved and ordered paid. APPROVAL OF CONSENT AGENDA ITEMS On motion of Council Member Gallagher, seconded by Council Member Millis, it'was unanimously voted to approve the Consent Agenda Items with the recommended courses of action. A"nl~.';RE!ceipt of Departmental Monthly Report for June, 1982. RECOMMEND REVIEW AND FILE. A-2. Request/Recommendation for City Council to Deny Claim Against City of Arroyo Grande by Maureen Gille, Incident of 4/2/82. RECOMMEND COUNCIL'S APPROVAL OF SUCH RECOMMENDATION OF DENIAL. A-3. 1982. Receipt of Planning Commission's Answered Agenda for Meet~ng of July;6, RECOMMEND REVIEW AND FILE. A-4. Receipt of SCAT Ridership Reports for April and May, 1982. RECOMMEND REVIEW AND FILE. A-5. Receipt of Progress Report on Sales Tax and Cigarette Tax' Revenues for PE!l,i6d,!Ending June 30, 1982. RECOMMEND REVIEW AND FILE. A-6. Letter of Thanks to Arroyo Grande Fire Department from Robert C. Hamm, Parks Supervisor, Lopez Recreational Area, Ree Department's Presentation of CPR Class to his Staff. RECOMMEND REVIEW AND FILE. u A-7. Letter to City Council from Rosalie Schmitz Expressing Her Thanks to the City Council for Their Decision Regarding "Speckles." RECOMMEND REVIEW AND FILE. A-8. Letters of Thanks from George Deukmejian, Attorney General of State of ul ' . California, Re. City's Participation in Victims Rights Week and Neighborhood Watch Month. RECOMMEND REVIEW AND FILE. A-9. Receipt of Letter from Santa Lucia Area Council of Boy Scouts of America Asking Council's Consideration fro Assistance in Funding for 1982 National Explorer Olympics Trip to Colorado. RECOMMEND COUNCIL REVIEW AND FILE, UNLESS COUNCIL ADVISES OTHERWISE. I I' n 177 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 13 '" 1982 PAGE TWO COMMISSION APPOINTMENTS ADVISORY BOARD Mayor Smith not met at this ,time AND/OR. RENEWALS THEREOF FOR DOWNTOWN PARKING . . r .... - _j" stated that th~.Downtown ~ar~ing Advisory Board h~s and she., will' waj:t unt~l then to rriake an appointment. , . ; NOMINATION BY MAYOR, SMITH ,RE':! APPOINTMENT, TO SOUTH. COUNTY HUMAN, RELATIONS. COMMISSION . . Mayor ,Smith stated that she,Js, .stJ.l.l, ,accepting applications t~!, this Commission and, has no appointment at this time. , - - - . .. - - . - - -:- - -', - . -, - - - ~r ' " , COMMISSION APPOINTMENT BY.MAYOR SMITH FOR PARKING.AND, TRAFFIC COMMISSION Mayor Smith stated she wished. to nominate Mr. Rod, Gibson , ,277,"E. Ch~r.ry to' to the Parking and T_raffi~ _~ormniss.~on_.. _Jhe nomination was secci~~ed by: Council Member Gallagher and unanimpusly voted. iI - " r . '. .' COUNCIL DISCUSSION ON ESTABLISHING A DIRECTLY-ELECTED MAYOR POSITION FOR THE CITY OF ARROYO GRANDE Administrator, Sheldon stated{that this item was discussed at -- -. -. .' ".\ the' last meeting and it is Council's decision whether ,to place, this item before the voters. Attorney Shipsey stated that the e wouJid, in 'fact ,: be' three questions placed on the ballot; to'di ly ~lect a May~r, shall the. Mayor be, elected for a term of, tw.o, years' ,0)' ,shall the, MaY.or. be "",,,',' elected for a term of ,four y~ars. He stat~d that because of,the ~ounti~s deadlines, if Council wishes.,.to3place this item on the ballot, action on. the resolutions must be taken tonight. He stated that he questions, if, a resolution can be approved without a 3-0 vote. Council Member Gallagher spoke in opposition to the measure and,stated that the present procedure .is acceptable. Council Member Millis stated that the election of: a Mayor among .the council members ,is an internally divisive situation and the Mayor Should be directly,responsible to the people. Attorney Shipsey recommended that Council take action on the resolutions, if desired, and he will check.,into the matter,of the, vote. "Council Member Millis . mo~ed to place before the people the matter.of directly electing a Mayor and was seconded by Mayor Smith. A roll call vote was taken: AYES: CoUncil Member,!" Millis,.'May.or Smith NqES: Council Member Gallagher ABSENT: Council Members Vandeveer and Hog"" Attorney Shipsey read the resolution calling for an election to be held relating to the election of the office of mayor in its entirety. ;, RESOLUTION NO. 1550 A RESOLUTION OF"'rHE CITY COUNCIL ,OB, THE CITY., OF ARROYO GRANDE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING,OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMEER 2, ,1982, FOR THE, SUBMISSION TO THE QUALIFIED ELECTORS OF SAID CITY A MEASURE ,RELATING TO THE ELECTION OF THE OFFICE OF MAYOR On motion of Council Member Millis, seconded by Mayor Smith, and on the following roll call vote, to wit:" AYES: NOES:, ABSENT: Council Member Millis, Mayor Smith Council Membe~,Gallagher Council Members Vand~veer ,and Hogan. th'e foregoing Resolution was., passed and adopted this 13th day of July, ..1982. '-..--' . 178 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 13, 19,82 PAGE THREE COUNCIL DISCUSSION OF INCREASES IN TRANSIENT OCCUPANCY TAX Administrator Sheldon stated~that this item was discussed at the last meeting. ,The issue of placing the raising of transient occupancy tax was suggested by the Mayor's Committee._ ,The cities of Paso Robles, San Luis Obispo, and Grover City are placing this item before the voters. He listed the rate of transient occupancy tax charged by other tourist- oriented cities,throughout the state. Council Member Millis questioned if the monies obtained by this tax can be ear-marked for certain uses. He suggested police and fire services since th~~e have the greatest demand placed on them by tourists. There was discussion regarding designating Tu', ',' the funds and it was the consensus of Council that half of the monies I received go to the 'Police Department and half to the Parks, Department. I, Council Member Millis moved to place, the question before the voters of raising the transient occupancy tax from 6% to 9% and to specify, that , 50% be designated for the Police Department and 50% for the Parks Department; The motion was seconded by Council Member Gallagher. A roll,call vote, was taken: AYES: Council Membersr:Gallagher and Millis, Mayor Smith NOES: None(--:~.} :"!.31'.l'-:~::~' ;",,,:-'~;-;'_;.::',:::.-.:~ .....c.,) ABSENT: Council Members Vandeveer and Hogan Attorney Shipsey read the resolution calling and g1v1ng notice of a special election regarding the increase in transient occupancy tax in its entirety. RESO~UTION NO. 1552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, NOVEMBER 2, 1982; FOR,THE,SUBMISSION TO,THE QUALIFIED ELECTORS OF SAID CITY AN ORDINANCE RELATING TO TRANSIENT OCCUPANCY TAX On motion of Council Member Gallagher, seconded by Council Member Millis, and on the following roll call vote, to,wit: AYES: NOES: ABSENT: Council Members Gallagher and Millis, Mayor Smith None Council Members Vandeveer and Hogan the foregoing Resolution was passed and adopted this 13th day of July, 1982. Attorney Shipsey read the resolution requesting consolidation with the General Election by the County in its entirety. RESOLUTION NO. 1551 u A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, 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 Mayor'.Smith,'"and on the following=roll call vote, to wit: AYES: NOES: ABSENT: Council Member Millis, Mayor Smith Council Member Gallagher Council Members Vandeveer and Hogan the foregoing Resolution was passed and adopted this 13th day of July, 1982. ............-.,-,,-~ r r 179 ~r CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 13 ,J! 1982 PAGE FOUR j- .- P - .':r '1_. . il PUBLIC HEARING TO CONSIDER'AN AMENDMENT TO SUBDIVISION ORDINANCE'OF CITY' OF;I ARROYO GRANDE' SPECIFIC TO THE DURATION AND EXTENSIONS' OF" TIME 'PERIODS OFI TENTATIVE SUBDIVISION MAPS' ! ", 'I! I" 'AdIDinistrator Sheldon explained 'that'recent changes'in the "'" , ., Subdivision Map 'Act' now 'provide" that an" approved or conditionally appr~)Ted' tenta'ti ve 'map,"shall expire 24 'months after' its" approval ~ or 'conditional if ' approval~ or' after such additional period of time as-may be prescribed~i: ,. by,! local ordinance,' not ,to exceed' an' additional' '12 inonths. 'Presently,' ,!- our ordinance allows for a tentative map life of 18 months and this ch~~ge would provide an additional 6 months iri ,"kl1i'ch to file the;final map. \ II" In': addi tion~ the Map Act allows for- a-' time" extension or extensions - not ': to! exceed' a tota:roL'twQ years:-' On 'June' IS~ 1982 the' Plaiming' Commission'-- heid a public 'hearing , and recommended that,- ' i~ ;L ~ - o. - - - I " "!: 1) , The 'effective time period subdivision maps'shall be " <i, 1: time-exte;nsion. for approval for 'tentative 'tract and'minor 24 months. :' " " 2), That-these approved maps be~ eligible' for up 'to' a 24-month j! PUBLIC HEARING ON APPEAL'OF PLANNING COMMISSION'S'DECISIONOF'DENIAL oF' USE PERMIT CASE NO.' 82-336' RE:"CARL' S JR. RESTUARANT~" FOR PLACE~1ENT OF ,I FREE STANDING SIGN, WEST BRANCH STREET, SOUTHERLY OF OAK PARK BOULEVARD , WITHIN "H-S" DISTRICT T 'il.dIDinistrato:'::"ShE!ldon'stated that the"Planning Commissiori', 'at ,;theit meeting of June"IS, 1982;': denied a' Use"Permit',application of' Carl"s JrJ Rei1:.taurant' for' a free, standing pole'sign at "their'new 'location' in' the ,,'j,', I ;, K-Mart Shopping Center. The' applicant submittedari application for'the" in'stallation' of a 30'foot'high free standing pole sign which'would be "~I 9i square' feet in' size with internal illumination.'" At the time 'of appioval' of: the K-Mart project~.. the question of- a.pole sign for the :'entire centt:i'r. wars discussed beforethePlanning'Coinmi'ssion and',Council and' it' was' the' feeHng" at that' time that' ffee 'standing poletsigns would 'not 'be appropiiate' folr this. commercial' center; and 'signs' should' be "limi ted to"'those' attached' to the' building. The Planning Commission" denfed' the application' on the' > b~sis that the',sigh would' not' be' consistent with 'the already approved ii' aichitectural scheme for the rest of the commercial center.' Marian McClelland, representing Carl Karcher Enterprises, Inc., presented a written state~ent , ! an,d stated ~hat th:, height ?f the J?roposed sign ~s need~d to' attract, Ii freeway bUS1ness. The hearIng~hav1ng been properly not1ced and pub11s~ed, Mayor sIiii th opened 'i t~ for pUblic comment:'" REUBEN kvIDT" 103S Acorn., ""';t sp'oke in opposition to 'the ,proposed' sig;.!, and" stated that' the'theme of' the " shopping center is one of low profile. There being no further comments, . , the hearing was closed. " i! I i , 180 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 13, 1982 PAGE FIVE Council Member Gallagher stated that he would uphold the Planning Commission's decision because of the surrounding residents. Council Member Millis , commented that signs might be placed on the freeway to attract south~bound freeway travellers. He stated he would also uphold the Planning Commission's decision. On motion of Council Member Millis, seconded by Council Member r' Gallagher,it'was unanimously voted to deny the appeal of Carl's Jr. Restaurants,'and uphold the Planning Commission's decision of denial of Use Permit'Case No. 82-336 with the finding that the proposed' sign is not consistent with the architectural plan approved by the Planning Commission. REPORT/RECOMMENDATION RE: TIME OF OPERATION OF PLANNING OFFICE UI!'''' Administrator Sheldon stated' tihat during budget sessions and prior' there were discussions regarding the accomplishment of long-range planning without the use of consulting personnel. To accomplish'this, the Planning Director proposes that his office be closed from 8:00 a.m. to 12 noon on Monday through Thursday to free his time for the long-range planning area. He recommended that Council, by minute order, establish a policy which would provide for this procedure. Planning Director Hays stated that he can accomplish the majority'of the long-range planning if he has uninterrupted time available. He stated he?has no projected time table at this time, however, he has 'begun work on the Housing Element and,' the Planning Commission is presently considering changes to the P-D zoning; Council Member Gallagher spoke in favor of the proposal and stated that time needs to be allowed for items 'Council wishes reviewed. Council Member Millis commented regarding the current review of the P-D zoning and stated that a time limit should be established on the proposed procedure. Mayor Smith spoke in favor'of the procedure. On motion of Council Member Gallagher, 'seconded by Mayor Smith, i twas passed to approve that,,'the:'Pl<illning Director's office be closed from 8:00 a.m. to 12 noon Monday through Thursday until further notice. Council Member Millis dissented. STATUS REPORT RE: DRAINAGE OF WELLS' PROPERTY, Atltorney Shipsey recommended that this item be discussed during the Closed Session. Council' concurred. REVIEW AND DISCUSSION RE':; PRIVATE ROAD COMMONLY KNOWN AS OAK HILL ROAD 'Administrator Sheldon reported that this 'item was discussed at the June 22, 1982 meeting and it was pointed out'that the City's basic options at this time are to continue the bond in effect until such time as the road is constructed or for the City to install the road on the basis of the City advancing the money for construction and,then' filing suit to recover the cost. The matter'was continued to this meeting. Buddy Jaquith, ,attorney- representing Mr; Peck who is an adjoining property owner on Oak Hill' Road, stated that a condition of the map',was'::,that easements' be granted in the area and pointed out that the City might consider the certificate of compliance on the"map, as this condition has not .been met. Ella2Honeycutt, 560 Oak Hill Road, commented regarding the,easements. Marie Cattoir, , 195 Orcutt Lane, stated that the City has been remiss in not resolving this problem. Attorney Shipsey pointed out that this is a' legal matter beloween the" respective property owners and they have had the opportunity in seeking relief' through the courts. It was the consensus of Council that Mr. Bhipsey and ,Mr. Karp investigate' the certificate of compliance on the. map and-return to Coun"cile u REPORT ON ZONE 3 Council Member Millis reported that on Thursday the County will present a new plan regarding the proposed hydroelectric' plant. He urged Councir to protest the use of operation and maintenance monies. >.-,<./ n r 181 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 13, 1982 PAGE SIX, REPORT/RECOMMENDATION BY PARKS AND RECREATION -DIRECTOR RE: PARK DEVELOPMENT FEES (ADOPT RESOLUTION) , Administrator Sheldon stated that-Staff is recommending that the increase of $30 be adopted by resolution and that-the newly adjusted park' development fees shall- be- $230' per residential" building site... 'The fees: ' haye not oeen adjusted since'July 7', 1980.,- Attorney ShipseY'read the title of the' resolution. On "motion of Council--member' Millis ;" seconded by Council-' Member- Gal'lagher,' i t"was unanimously- voted to dispense wi th- fur:ther reading of the'resolution. 'r -I :' RESOLUTION NO. - 1549' . i~' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING'A PARK DEVELOPMENT SUBDIVISION FEE FOR THE PARKS DEVELOPMENT FUND FOR 'EACH RESIDENTIAL BUILDING SITE' " , On motion of Council Member Millis-, seconded by Council Member, Ga;Uagher;- and on the following, roll' call vote',: to wit: - ;~ AYES:' 'NOES: ABSENT: Council" Members Gallagher-and-Millis.. Mayor Smith 'None ~- Council Members Vandeveer-and Hogan- . . ~c- :j.: the foregoing Resolution was passed- and: adopted this 13th, day' of' JulY',iL982; :i DISCUSSION ON'COUNCIL MEMBERS'ATTENDANCE AT PLANNING COMMISSION MEETINGS' Administrator Sheldon stated that the::question has' been raised-- regarding the necessity of council members attending the Planning 8ommission meetings. Attorney Shipsey reviewed a decision by the Supreme Court stating that it is the right and duty of council members to attend Planning Commission rnektings and to express their opinions," with discretion. Council Member Mi',Ilis' pointed out'that the Municipal 'Code -provides' that a meffiber of tile co~ncil be'-'an"' ex;"'officio member of the Planning Commission but past 'pra~tice has been to rotate'the. attendance of~council members. It was the consensus of Council ,that Staff'review the Code and 'return with additional information. REQUEST 'BY AREA COUNCIL OF GOVERNMENTS RE: ANNUAL RATIFICATION OF JPA' AND, OVERALL WORK PROGRAM FOR TRANSPORTATION' OF PLANNING' (ADOPT RESOLUTION) i! Administrator 'Sheldon stated 'that the resolution and joint -", powers agreement is "an action that. is required annually ."" One' major. change' ha~'been made and that'is changing'the'name from "San-Luis Obispo County Area Council of Governments" to. "San Luis Obispo County and- Cities Area" , Planning Coordinating Council." Attorney Shipsey read the' title of the,' resolution.- On motion' of Council' Member' Gallagher, seconded by' Council~ Mekber Millis, it was uhanimously'voted to dispensewith'further reading of' the resolution. . -~~ RESOLUTION NO. 1553 " , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE RATIFYING THE JOINT POWERS AGREEMENT CREATING THE SAN LUIS OBISPO COUNTY AND CITIES' AREA PLANNING- COORDINATING, COUNCIL AND THE..,REGIONAL TRANSPORTATION" PLANNING AGENCY ANNUAL WORK PROGRAM FOR FISCAL YEAR 1982-83 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 None Council Members Vandeveer and Hogan the foregoing Resolution was passed and adopted this 13th day of July, ,,1982. 182 CITY COUNCIL ARROYO GRANDE, CALIFORNIA JULY 13, 1982 PAGE SEVEN REPORT/RECOMMENDATION." BY DlRECTOR.OF PUBLIC WORKS REi COUNCIL'S ACCEPTANCE OF STREET PAVING PROJECT NO. 90-82-1 AND APPROVAL OF PAYMENT TO M.J. HERMRECK IN AMOUNT OF $62,208.16- Public Works Director Karp recommended "that Council accept the project on behalf of the pUblic; authorize"the Mayor and City Clerk "to record the appropriate notlce of completion; authorize issuance of 'payment; and authorize the Staff to pay the final retention 35 days after recordation of the notice of completion. He stated the project has been satisfactorily completed with the amount of asphalt slightly under the estimated quantity. On motion of Council Member Gallagher, seconded by Council Member Millis, it w~s unanimously voted to accept the project with the recommendations of Mr. Karp, in the amount of $62,208.16. J REPORT/RECOMMENDATION BY PUBLIC WORKS DIRECTOR RE: COUNCIL'S ACCEPTANCE OF RESERVOIR NO; 4, 2-MILLION GALLON NEW RESERVOIR, AND APPROVAL OF PROGRESS PAYMENT NO. 9 TO SAN LUIS TANK PIPING CONSTRUCTION COMPANY IN AMOUNT OF $16,693 Public Works Director Karp recommended that Council accept the project on behalf of the pUblic; authorize the Mayor and City Clerk to record the appropriate notice of completion; authorize issuance of progress payment number nine; and authorize the Staff to pay the final retention 35 days after recordation of the notice of completion. Council Member Millis suggested that a type of ceremony be held, such as a ribbon cutting, for the completion of the tank. He stated that many people have"given their time and effort in the completion "of the tank and they should be recognized. Mr. Karp agreed. On motion of Council Member Gallagher, seconded by Council Member Millis, it was unanimously "voted to accept the project on behalf of the pUblic sUbject to the recommendations of" Mr. Karp. REPORT/RECOMMENDATION BY PUBLIC WORKS DIRECTOR RE: LOT SPLIT "CASE NO. 80-331, PARCEL MAP Ai; 80-38, LEROY SARUWATARI AND ARTHUR'GRIEB, FAIR OAKS AVENUE PUblic Works Director Karp reported" that the sUbject lot split" is located on the northwesterly frontage of Fair Oaks Avenue, just east of the Arroyo Grande Creek. It is a "lot line adjustment, which straightened "the former property line which previously intersected" the property" taken by the City to complete Fair Oaks Avenue southerly of Valley".Road. The resulting areas remalri the same, 9~27 acressand 13.15 acres. The area is zoned agriculture and classed as agriculture in the Land Use Element of the General Plan. No street'improvements have been required as the area is now under agriculture. He recommended that Council approve the map and find that the Parcel Map AG 80~38 is consistent with the approved tentative map, which was found by the Planning Commission to be consistent"with the appropriate City ordinances -and the':General Plan; On motion of Council Member Gallagher, seconded by Council Member Millis, it was unanimously voted to approve-Parcel Map AG 80-38 subject to ,the finding as" stated by Mr. Karp. CLOSED SESSION Council adjourned to Closed Session at 10:20 P.M. and returned at 10:45 P.M. ~ ADJOURNMENT On motion of Council Member Gallagher, seconded by Council Member Millis, it was unanimously voted to adjourn at 10:45 P.M. A~~., (~~~ {j'thv0~ MAYOR"