Minutes 1982-09-28
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 28, 1982
The City Council met in regular session with Mayor-Smith, presiding. " Upon
roll call'i~ Council Members,,'Lawrence' E; Vandeveer, Matt" Gallagher, and
Mark M: Millis reported present. Council'Member Karl'A. Hogan was absent.
PLEDGE OF ALLEGIANCE
Council 'Member Vandeveer led the'Pledge of Allegiance to our
Flag. -Reverend Al Gorsline, United,Methodist,Church, ArroyosGrande,
California, delivered"the'invocation.'
APPROVAL'OF MINUTES
On motion of Council Member Vandeveer, seconded by'Council
Member Gallagher 1 and" unanimously' voted, the minutes of September -14,' and
21, 1982 were"approved as'presented,
APPROVAL OF WARRANTS'
On motion of Council Member Vandeveer, seconded by Council Member
Gallagher, Demand Warrants #18380 through #18442 in thecarnount of $100,132.97
and Payroll Warrants #23246 through #23333 in the amount of $73,048.90
were approved and ordered paid. ",'
ORAL COMMUNICATIONS ..
Marie Cattoir, 195 Orcutt Lane, stated that sb.e had attended
the Board of' Supervisors meeting of September '20 in regards to the Nuclear
Response Plan. It has corne to her.,attention that the 'City .Council'approved
the Plan as a Consent Agenda Item on April 27, 1982. She cited population
figures, the number of elderly persons and school children in the area
and requested that'Council schedule discussion of the'Plan as a'hearing or
regular agenda item. Council, Member Millis agreed and stated' that Council
should schedule this item as a public hearing. Council Member Gallagher
also agreed.
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,a) Request by Residents of Pearwood Avenue for Verbal
Presentation of Their"Concerns Pertinent to Wells Drainage Matter~ Acting
Administrator Clark read the letter from PubLic Works Director Karp to the
property owners on Pearwood advising them that the City will commence
clearing the right of' way which 'exists,"on" the',back' 15 feet' of the respective
properties. 'He also' read' the 'letter from 'Donald' A; Syrek;' 150 Pearwood,
requesting time on this evening's agendaa
Council Member Hogan arrived at 7:55 P.M.
Public Works Director Karp'explained, the current court'order which requires
the City to clear and're-install the'overflow ditch in this 'existing
easement. Mr. Karp had-recommended that Council'adopt"a resolution declaring
an .emergency'in' order' that' the reconstruction could be completed prior
to the 'upcoming 'rainy season. He indicated that it.is a good' possibility
'that if the'forrrial bidding procedures'were followed, the ditch may not be
completed prior to the end of the rainy season. . Hugh Pope,; 723 Bennett, ..
asked questions of Mr. Karp relative to funds available'for the construction,
and fencing to keep out children. Paul Geihs, attorney representing the
property owners, stated that Council has not complied with,state'laws.
He stated that the property, owners. were first aware of this'action one week ago.
He presented pictures of some' of the backyards which will be affected.
He suggested alternatives"to the "drainage easement such as undergrounding,
etc. He stated that the law requires that the'Planning Commission review
the project'and certify as' to its consistency with the General Plan.
He cited'Section 65402'of,the'Governrnent Code. He requested that Council
delay 'this action in light, of the fact,that the City has ,filed' an appeal
of the decisioh.~
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 28, 1982
PAGE TWO
Tony Azevedo, spoke regarding the drainage pipe and stated that it has been
clogged in the'past. Attorney Shipsey pointed out that a four-fifths vote
is required to adopt the proposed resolution declaring an emergency"and dispensing
with the necessity to call for bids. There was discussion as to, the loss
of the properties with construction of the drainage easement and the possible
creation of sub-standard lots. Council Member Millis stated that Council
has unanimously agreed to construct the ditch to ,comply with the court order,
however, the proper procedure should be observed with reference to the
Planning Commission. Council Member Vandeveer stated that he' cannot agree U
that this is an emergency situation. There was discussion regarding the
appeals process and a question if the filing of the appeal stays the ;
previous court decision. On motion of Council Member Millis, seconded by
Council Member Vandeveer, it was unanimously voted to amend the previous
action and instruct staff to review the proper legal process with regard
to the construction if performed without adopting the emergency declaration
and to report back to Council on whether the City appeal stays the court
--order. .
APPROVAL, OF CONSENT AGENDA ITEMS'
On motion of Council Member Gallagher, seconded by Council
Member Vandeveer, it was unanimously voted to approve the Consent Agenda
Items with the recommended courses of action.
A-I. Request by Department of Veterans Affairs of State of California for
Mayor 'torroclaim November, 1982, as "Veterans Call to Unity Month;" RECOMMEND
MAYOR so PROCLAIM.
A-2. Receipt of Planning~Co~ission's Answered Agenda for Meeting of Tuesday,
September 21, 1982. RECOMMEND REVIEW' AND FILE. '
A-3. Receipt of Legislative Bulletin from League of California Cities, Plus
Others. RECOMMEND REVIEW, APPLICABLE ACTION, IF ANY, AND FILE.
A-4.' Receipt of Progress Report on Sales TaX and Cigarette Tax Revenues
for Period Ending September 30; 1982.RECOMMENO REVIEW AND FILE.
A-5. Request by Five Cities Kiwanis Club of Pismo Beach for Fee Exempt
License to Cater the "Dixieland Jubilee for Central Coast Hot Jazz Society"
Within the City on October 29, 30, and 31, 1982~ RECOMMEND REVIEW AND S
SUBSEQUENT APPROVAL AND ISSUANCE OF FEE EXEMPTcLICENSE.
'A-6. Notification,of Public Hearing to be Set for the Council Meeting of
Tuesday, October 12, 1982, at 8:00 P.M. on the Matter of an Appeal by
J.M. McGillis of San Luis Engineering, Inc. on the Denial Decision of the
Planning Commission C6ncer~ing the Tentative Subdivision Map, Tract. 1043,
Equestrian Estates,a 40-Unit Single Family Residential Subdivision Located
Easterdy of Pilgrim Way and Arroyo Grande High School Property, Busick/Gearing
Development. (Denial by Planning Commission 'based on Significant Enyironmental
Affects which would result from Such Development. RECOMMEND APPROVAL OF'
DATE OF OCTOBER 12, 1982 TO HOLD PUBLIC HEARING::,
PUBLIC HEARING RE: AMENDMENT TO Z~IING ORDINANCE TO EFFECT CHANGE FROM
"RAB3", RESIDENTIAL AGRICULTURAL DISTRICT, TO "Rl",'SINGLE FAMILY
RESIDENTIAL DISTRICT,FOR AREA DESCRIBED AS EAST SIDE OF '400 BLOCK OF
STAGECOACH ROAD, BETWEEN STAGECOACH ROAO 'AND OAK HILL 'ROAD, JOE ZOGATA
Acting"Administrator Clark stated that'the applicant is requesting
rezoning.of~approxirnately 15~~acres from RAE3," which .i5 residential agricultural
;10;000 square foot minimum lot size, to R-l, 'Single Family Residential.
The property is located -east of Stagecoach Road and the City limits' from the
northerly borderiof.this property. The General Plan designation for this
site is Low DensitY~Residential and the proposal is in conformance with
that designation. The property surroundingithis proposed rezoning is zoned
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 28, 1982
PAGE THREE
R-l and this request W9uld:conform to the surrounding development density and
would be a compatible use. The Planning commission'held a public hearing
on this item and,.by unanimous vote,- recommended approval of the rezoning
and of the Negat~ve Declaration. It was the consensus of the Commission
that a detailed environmental analysus'should accompany the subdivision map
when development of this property is proposed; Planning-Director Hays .
explained' the topography of the property...,-The hearing having--been properly
noticed and published,'Mayor Smith opened itfor'public.coti1ffient~ Jim Garing,
representingllr. ,Zogata, . explained ,the proposed measures to' alleviate.:the
drainage.problems and stated that these.wi~l be designated~on the parcel map.
There being no further comments, the-hearing was'closed. ~ouncil Members.
Vandeveer and Hogan stated"they would support the Planning Co,"",ission!s
recommendations.- Council Membe~ Millis stated' that. there should be'a
guarantee' that further drainage problems will.not be created because.of
this development. . He stated he wished.to.see a.trc.ct'.map'with drainage
controls, ?lthoughhe is not-opposed to the develo~aent.. Council Member
Gallagher agreed. ,Planning D~rector Hays pojnted,out that these concerns
will be addressed with .the submittal of..the parcel' map. On motion of...
Council Member Hogan, seconded by Council Member Vandeveer, it was passed
.to grant a negative declaration status. for this rezoning. ..A'roll call'
vote was taken with Council Member Millis dissenting. Attorney Shipsey
read.the title of the ordinance; Onmotion.of.Council,Member Vandeveer,
seconded by Council Member Hogan, it.was unanimously voted.to dispense
with further reading of the ordinance, to constitute.the'first'reading
Of the ordinance.
PUBLIC'HEARING RE: REZONING CASE NO, 82-166,'ZONE CHANGE FROM RAB3, RESIDENTIAL
AGRICULTURAL DISTRICT (40,000 SQ. FT. .MINIMUM BLDG. SITE) TO RAB2 (20,000 SQ.
FT. . MINIMUM BLDG.. SITE) . AND, ENVIRONMENTAL DETERMINATION, 345 TALLY- HO ROAD ,
MIRESSMAIL AMJADI
Acting Administrator Clark, stated that the applicant has submitted
an application for rezoning of a 1.15 acre parcel at 345 Tally HO.Road from
RAB3, Resident.ial Agricultural'40,000 sq. ft. min.} to RAB2,Residential
Agricultural 20,000 sq. f.t. 'min.}. -. The.property..immediately adjacent to the
west ofthe,"applicant was recently' rezoned, RAB2 with' the remainder of the'.
surrounding properties'being zoned,RAB3; The site has 'an-existing d~elling'
on it and the applicant. wishes to. change ,.the zoning - to allow' the division
of-this property.for the construction of an additional, residence; At their
meeting of September 7, 1982, ,the Planning Commission held a hearing on
this matter and recommended approval of this application and. recommended that
a Negative Declaration status be(,approved for- this' rezoning. The hearing
having been properly.noticed and published, 'Mayor Smith-opened it for public
comment. Vincent Lechner, 337 Tally Ho, stated- that the'rezoning will not
add to the present drainage problems. There being no further comments, the
hearing was closed. Council Member- Vandeveer stated' that this application
will not create further drainage problems' and agreed with the'Planning
Commission's recommendation. Council:Member Millis stated .that the Council
and Planning Commission need to develop a drainage. plan. for the-area and
the approval of each application. slowly contributes. to-that area's.drainage
problems. Planning Director' Hays suggested that'.a study session be held
with the Planning Commission.' On motion of Council Member Gallagher,
seconded by Council Member Millis, it was passed to refer the.matter to the
Planning Commission for a possible joint meeting and- to-continue the item.
Council Me~ers Vandeveer and Hog~ndissented~
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 28, 1982
PAGE FOUR
PUBLIC HEARING RE: PROPOSED.AMENDMENT TO ORDINANCE NO. 153 C.S., INDICATING
NO FURTHER DIVISION OF PROPERTY IN TRACT NO. 600, 35 ACRES LYING BETWEEN
BRANCH MILL ROAD AND THE ARROYO GRANDE CREEK, EASTERLY OF TRACT NO. 256,
GREENWOOD MANOR
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Acting Admj :hat in 1977 Council approved
the rezoning of Tract "1\ :ural District'- with the It_on
override to provide a'b 'areel size. In addition,
it" was Council's intent .ure splits of this Tract,.
and on July.lO, 1979 Co ~ . nning Director.to amend the
Ordinance to stipulate his amendment was never U'II"
accomplished and there n over the meaning of the
"_DII Override. The sub ? acres and there are no parcels
that could be further 81- :_:.._-_-..=..:-.uv.....!:.,;-.Ll;;;:L.(..i1ii.ng~':---..rhe intent of this Ordinance
is to prohibit rezoning and further lot. splits. The Planning Commission
held a public hearing in this proposal at their meeting of September 7, 1982.
The Commission's action was no recommendation as a result of a 3 to 3 vote to
recommend denial of the proposal, which failed. The hearing having been
properly noticed and published, Mayor Smith opened it for public comment:
Mike Greenelsh, 453 Tanner:,.Lane, spoke in favor of the ordinance. Ed Bowen,
Rt. 1, .Box 44, Arroyo Grande, and an owner of the property,. spoke in opposition.
Bill McCann, 575 Crown Hill; Ella Honeycutt, 560 Oakhill Road; and Nadine
Silva, 1155 Flora, spoke in favor of the ordinance. There being no further
comments, the hearing was c~osed, Council Member Vandeveer stated that he is
opposed to this ordinance and that Ordinance. No. 153 C.S. should be eliminated.
Council Member Millis stated that the proposed amendment to. Ordinance No. 153 C.S.
is to clarify a misunderstanding. Attorney Shipsey read the title of the
ordinance. Council Member Millis moved to dispense.with further reading of
the ordinance and Council.Member Gallagher seconded the motion. Council
Members Gallagher and Millis, and Mayor Smith voted in favor with Council
Members Vandeveer and Hogan dissenting. Attorney Shipsey read the ordinance
in its entirety to constitute the first reading..
PUBLIC HEARING RE: INCREASE IN REFUSE RATES WITHIN eITYOF ARROYO GRANDE
Acting Administrator Clark read the letter requesting the
rate increase from Mr. Charles Cattaneo of the South County. Sanitary
Service. Mr: Clark stated that meetings were held.between.the City. AdministratorG
and representatives of Councils from the various cities and it is recommended
that a 509 increase be granted. Mayor Smith opened the hearing for public
comment. Mr. Cattaneo spoke. regarding the increase. There being no further
comment, the hearing was ciosed. .Attorney Shipsey read the title.of the
ordinance. On motion of Council Member Vandeveer, seconded by Council Member
Gailagher, it was unanimously voted to dispense with further reading of the
ordinance to constitune the first reading.
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FIRST READING OF ORDINANCE TO EFFECT REVISION/REPEAL OF CITY CODE OF CITY
RE: POLITICAL ACTIVITIES OF CITY EMPLOYEES
Attorney Shipsey stated that, per Council's request, he has.
prepared a proposed ordinance which will repeal the existing Code sections.
The City employees will still .be governed by State Code which requires that
an employee may not engage in political activities while in'uniform. If
the ordinance is approved~ this will be the only restriction. He-read the'
title of the ordinance. . On motion of Council Member Gallagher, seconded
by'Council Member "Vandeveer, it was unanimously voted-to dispense with
further reading of the ocdinance, to constitute the first reading.
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SECOND READING OF ORDINANCE TO AMEND ZONING ORDINANCE, SECTION 9-4.808(bl, (c),
MINIMUM BACK/SIDE YARDS REQUIRED, "R-G", RESIDENTIAL GARDEN APARTMENT DISTRICT
Planning Director Hays explained that the proposed ordinance would
require that side yards in the R-G District ~e ten feet, with five feet being
the existing requirement. Attorney Shipsey read the title of the ordinance.
On motion of Council Member Gallagher, seconded by Mayor Smith, it was
unanimously voted to dispense with further reading of the ordinance.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 28, 1982
PAGE FIVE
ORDINANCE NO, 278 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE
, AMENDING'THE ARROYO GRANDE MUNICIPAL CODE
BY AMENDING' SECTIONS'9-4.808' (b) AND (2:)"
, OF CHAPTER 4, TITLE 9 RELATING TO THE"
GARDEN APARTMENT' (R-G) DISTRICT
oh'motioh' of Council MeIDber Gallagher;' secorided
Millis, and on the following roil call vote, to 'wit, ,
'by Council Member
AYES:
NOES:
ABSENT:
Council Members 'Gallagher, Millis, Mayor
Council Members'Vandevee.r and liogan'
None
Smi th
the~foregoing Ordinance,was passed and ,adopted this 28th day of September, 1982.
SECOND'READING OF ,ORDINANCE TO AMEND ZONING ORDINANCE, PERTAINING 'TO PARCEL
SIZE AND LOT WIDTH REQUIREMBNTS' IN",'Ii\.'!,' AGRICULTURAL DISTRICT '
ActingeAdffiinistrator Clark stated' that the' proposed' ordinimce
amends the parcel size and lot requirements in the "A" District~ Attorney
Shipsey read the title' of'the ordinance.' Council Member"Gallagher moved
to dispense with further reading of the ordinance and the motion was seconded
by Council Member Millis. Council Members Gallagher and Millis and Mayor
Smith voted in favor with Council Members Vandeveer and Hogan dissenting.
Attorney Shipsey'read the ordinance in its entirety.
ORDINANCE NO. 279 C.S.
AN ORDINANCE OF THE CITY OF ARROYO'GRANDE
AMENDING THE ARROYO GRANDE MUNICIPAL CODE
BY AMENDING SECTIONS 9-4.406 (a), (b), AND (c)
OF CHAPTER 4, TITLE 9, RELATING TO THE
""A"'AGRICULTURAL'DISTRICT" ,
On motion of Co~ncil Member Millis, seconded by Council Member
Gallagher, and'on the follbwing'roll call vote, to'wit:
AYES:
NOES:
ABSENT,
Council Members Vandeveer, Gallagher, Millis, Mayor Smith
Council Member Hogan
None ~, "
the foregoing Ordinance was passed and adopted 'this' 28th'daycof September, 1982.
COMPLAINT BY EUNICE AND RALPH COOK, PERTINENT TO SOIL EROSION AND WATER DRAINAGE
INVOLVING THEIR PROPERTY AT 170 FAIRVIEWDRIVE'
Acting Administrator Clark read a letter from Carl Warren and Co.,
the City's insurance carrier, . which stated that Mr. and Mrs. Cook are seeking
non-monetary relief. Accordingly, this demand falls outside the Tort Claims
Act and does not constitute a 'verified claim.' Public'Works Director Karp
explained the history of the development of the tract and stated that Mr.
and Mrs. Cook are requesting' that, the City 'clean' out a drainage ditch and
construct retaining walls in the vicinity or 170 Fairview Drive. Mr. Cook
read a statement and stated that it is the City's responsibility to inspect
retaining walls and other drainage 'easements. After discussion, it was the
consensus of Council that:there. is'no evidence-that~improvements were ever
constructed within the drainage easement which.lies on the easterly boundary
of the property and that the easement has not been accepted by either the
City or'the County of San Luis Obispo: It was also the recommendation of
Attorney Shipsey that this is a civil matter between Mr: and Mrs. Cook and
their adjoining property owners. Council directed that a letter of this
action be sent to Mr. and Mrs. Cook.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 28, 1982
PAGE SIX
F.URTHER ACTION BY COUNCIL RE: RENTAL CONTRACT BETWEEN ALCOHOL ANONYMOUS
AND CITY FOR RENTAL OF COUNCIL CHAMBERS
Acting Administrator Clark referred to a 'report from Finance
Director Bacon listing the average utility costs for the Council Chambers.
He stated that the average monthly cost is $87.90: 'Mr. Bacon recommended
prorating $76.00 per month utility costs to Alcohol Anonymous, subject to
future rate adjustments. On motion of Council Member Millis, seconded
by Council Member Vandeveer, it was' unanimously voted to authorize execution
of the contract, to expire September 30; 1983.
COUNCIL ACTION TO ,SET DATE FOR STUDY SESSION RE: CITY'S LOAN FUNDS UNDER
CALIFORNIA SAFE DRINKING WATER BOND LAW OF 1976
It was the consensus of Council':to hold a study session on
Monday, October 4, 1982 at 6:30 P.M.
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ACTION BY COUNCIL TO CONSUMATE APPROVED CHANGES IN PERSONNEL SYSTEM,
HOLIDAY SCHEDULE, VACATION DAYS, SICK LEAVE, AND SALARY SCHEDULE FOR 1982-83
Attorney Shipsey read' the title 'of the resolution for salary
schedules for 1982-83 for all employees except the police.' On motion of Council
Member Vandeveer, seconded by Council Member Gallagher, it was-unanimously
voted to dispense with further reading of the resolution.
RESOLUTION NO. 1668
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ESTABLISHING MINIMUM AND MAXIMUM
COMPENSATION BY ADOPTING A SALARY SCHEDULE AND
POSITION CLASSIFICATIONS AND SALARY STEPS WITHIN
THE RESPECTIVE RANGES OF THE SALARY SCHEDULE,
DESCRIBING METHODS OF ADVANCEMENT AND REPEALING
PREVIOUS SALARY,RESOLUTIONS
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 Vandeveer, Gallagher, Millis, Hogan, Mayor Smith
None
None
the foregoing Resolution was passed and adopted this 28th day of September, 1982.
Attorney Shipsey read the title of the resolution, establishing the 1982-83
salary schedule for the Police employees. On motion of Council Member Gallagher,
seconded by Council Member Vande~eer, it was unanimously voted to dispense
with further reading of the resolution.
RESOLUTION NO. 1669
A RESOLUTION OF THE CITY COUNCIL OF'THE CITY
OF ARROYO GRANDE ESTABLISHING MINIMUM AND MAXIMUM
'COMPENSATION BY ADOPTING A SALARY SCHEDULE AND
POSITION CLASSIFICATIONS, ASSIGNING CITY'
EMPLOYEES TO CLASSIFICATIONS AND SALARY STEPS
WITHIN THE RESPECTIVE RANGES OF THE SALARY
SCHEDULE, DESCRIBING METHODS OF ADVANCEMENT
AND REPEALING PREVIOUS SALARY RESOLUTIONS
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On motion of Council Member Gallagher, seconded by Council Member
Hogan, and on the following roll-call vote, to wit::
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 28, 1982
PAGE SEVEN
AYES:
NOES:
ABSENT:
Council Members Vandeveer,. Gallagher,.Millis, Hogan, Mayor Smith
None
~one_ .
the foregoing Resolution was passed and adopted this 28th ~aY,of Sept~mber, 1982.
PROGRESS/STATUS REPORTS OF. PENDING. ITEMS OF BUSINESS FOR COUNCIL'S.REVIEW/ACTION
-~Eucalyptus Trees Along The pike
--Update of Land Use Element
--Oak Hill Road .
--Drain~ge Matter, Re. Wells Property
~~South.County .Water Asso~iation
--Assessment District, Re. Water E?:torage Facilities to Berye Tract
824, i.e., Lot ll.of Tract 604, Oak Park Acres
--Joint Meeting of Council with Village of Arroyo Grande Merchants
Association and Downtown Parking. Advisory Board, Re. Restroom
Facility,Within Villag~ Area. Acting Administrator Clark
stated that this is the oply tte~ with.turther information, He has. been in
contact.with the vi~lage Merchants and they wish to. schedule a meeting,the
end of. October.
" REQUEST BY WILLIAM TEAL .FOR. EXTENSION OF TIME TO MAINTAIN TEMPORARY QUARTERS
WHILE BUILDING HOME AT 211' CANYON WAY..
Mrs. Neal, 611 Funston,,~an,Luts Obispo, spoke.on.behalf of
Mr. Teal.. and stated that,~r. Teal has been unemployed and so ~as unab~e to
proceed with the construction of his home. Mr. Teal is noo/ employ~d
and wishes .~o continue witp.the constructio~. ~here was discussion as t~
the appropriate length of time which could be granted. On motion of Council
M6nber Mi:t.lis, ,sec'~nded by,cquncil"Mernber Gallagh~r; it..wa~. unanirilOusly yoted
to grant a 90 day extension of the permit to occupy temporary housing at
211 Canyon Way.
REPORT BY COUNCIL MILLIS ON ZONE THREE ADVISORY COMMITTEE MEETING HELD
SEPTEMBER 16, 1982.
It was the consensus of Council to continue this item to the
next meeting of October 12, 1982.
RECEIPT OF. COMMUNICATION FROM SCHOOLS LEGAL SERVICE RE: PROPOSAL, FOR ADOPTION
OF SCHOOL FACILITIES FEE ORDINANCE
It was the consensus of Council to continue this item to the
next meeting, of October 12, 1982.
REQUEST BY PARKS AND RECREATION DIRECTOR FOR COUNCIL APPROVAL OF ENGINEERING
CONSULTANT SERVICES TO DETERMINE CAUSES OF EROSION OF TENNIS COURT BANK
AT SOTO SPORTS COMPLEX
It was. the consensus of Co~nc~l ,to 90ntinue this item to the
next meeting of October 12, 1982.
REPORT/RECOMMENDATION BY PUBLIC WORKS DIRECTOR,RE: FINAL.APPROVAL OF TRACT 1000
ASPEN STREET AND ELM STREET, NORTH OF ASH STREET, WILLIAM IRVING/KIRBY GORDON
.Public Works Director Karp stated that the subject tract lies
between Elm Street and Aspen Street,. nor~herly of Ash Street. It is a planned
unit de-elopment, creating 18 single family ~wellings in one common area lot.
The property is zoned R-G and classed medium high density residential in the
Land Use.Element of the General Plan. . The property owner has bonded for
construction of frontag~ improvements pn Elm Stree~ and Aspen Street, ~~
well. as grading, and public improvements within the tract. Mr. Karp recommended
approval of the tract with the following findings and conditions:
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, CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 28, 1982
PAGE EIGHT
1) Find that the improvements are necessary requirements to the orderly
development of the community.
2) Authorize the Mayor to execute the improvement agreement.
3) Accept on behalf of the public the offer of dedication for street widening
and street tree easement, as well as easements dedicated for public
water and sewer purposes.
4) Find that the map is consistent with the conditionally approved
tentative map, found by the Planning Commission to be consistent with
the General Plan and City zoning.
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On motion of Council M~er Vandeveer, seconded by Council Member Hogan,
it was unanimously voted"to approve Tract 1000 subject to the findings and
conditions as stated by Mr. Karp.
REPORT/RECOMMENDATION BY PUBLIC WORKS DIRECTOR RE: FINAL, APPROVAL OF TRACT 984,
SUNNY GARDENS ,HUASNA ROAD, SINGLE FAMILY DWELLING SUBDIVISION ,KAZUO IKEDA
Public Works Director Karp stated that the,subject tract is
located in the southerly side of Huasna Road, adjacent to the west boundary
of Strother Park. .This is the first unit of three, and creates 22 single
family building sites. The remainder of the .tract which will be developed:',,',
in two additional units is 5.13 acres in area. The residential lots range in
sizes from 6,000 square feet to 9,701 square feet. The developer is dedicating
Ikeda Way, and lots .A through H, as wel~ as an access easement to the City
for maintenance of the creek. Street tree easements have been dedicated along
the street frontages. The area is zoned R-l and classed low density
residential. in the Land Use Element of the~General Plan. Most of the
improvements have been constructed, and the:owners of the property have, posted,'
a cash security for the remainder. of the improvements. Mr. Karp recommended
approval of the tract subject to the following findings and conditions:
1)
Find ~hat the improvements required are necessary requirements to the
orderly development of the community.
2)
Authorize the. Mayor to execute. the appropriate subdivision agreement
with the developer.
3)
Accept on behalf of the public upon completion of improvements, the
dedication for Lots A through H, the access, and street tree easements,
and all the streets.
4) Find that Tract 984 conforms to the conditionally approved tentative
map found to be consistent with the General Plan and City zoning by the
Planning Commission.
On motion of Council Member Hogan, seconded by Council Member Gallagher,
it was unanimously voted to approve Tract 984 subject to the findings
and conditions as stated by Mr. Karp.
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REPORT/RECOMMENDATION RE: ACCEPTANCE OF GRANT DEED AND RIGHT OF WAY CONTRACT
FROM ELIZABETH'M. MACDOWELL FOR FAIR OAKS STORM DRAIN
Public Works Directo~ K~rp stat~d that this is th~ first acquisition
condummated by the City's consultant, Mr. Tarvin, fo~ development of the
proposed storm drain between Grand Avenue and Elm Street, Maple ?~reet_
intersection. The. compensation recommended is not only for the purchase of
the easement, but also relieves the City from the requirement to relandscape
the easement over the MacDowell property upon completion of the construction.
This is the drain. which will relieve the drainage problems on Sunset Drive
and Grand Avenue. Acquisition of":::.the remainder of the required rights of
way is currently being pursued. Mr. Karp ~ecommended acceptance of the grant
deed and right of way contract subject to the following conditions:
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223
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
SEPTEMBER 28, 1982
PAGE NINE
1). Enter into. the right of.way contract proposed by the.City~s consultant
with Elizabeth M. MacDowell, also known.as.Elizabeth M. Van Gorder.
2) That the City authorize payment to Ms. MacDowell, in the amount of
$1,200 as referred to in the right of way contract.
3) Accept the grant deed on behalf of' the public for future development.
On motion of Council Member Millis, seconded by Council Member Hogan, it
was unanimously.voted to.accept the grant deed and right. of way contract
from Elizabeth M. MacDowell for the Fair.Oaks Storm Drain.
REPORT/RECOMMENDATION.BY.PLANNING.DIRECTOR FOR.EXTENSION.OF TIME.RE: FINAL
MAP, TENTATIVE TRACT MAP NO. 741, WILDWOOD RANCH,. CHUCK TEMPUS
Planning Director Hays stated that Mr. Tempus is eligible to
receive an additional one year time extension in which to record the
final .subdivision map. If. granted;.. the map would expire on September 13,
1984 at which time' there would be no further time extensions possible.
At their meeting..cof. 'Septemben:2l'i"1982 the:Planning Commission recommended
that this extension be granted. On motion of Council Member Millis,
seconded by Council Member Gallagher,.it was unanimously voted to grant the
time extension for Tentative TractcMap No. 741, Wildwood Ranch, to..
September 13, 1984.
REPORT/RECOMMENDATION BY PLANNING DIRECTOR FOR EXTENSION OF TIME RE: FINAL
MAP, TENTATIVE TRACT MAP NO. 824, REUBEN KVIDT
Planning Director Hays stated that this applicant is religible
to receive an addi~iqna~ o~e year time .extension in which to~record the
final subdivision map. ., If granted, the map would expire on December 30, 1983
at which time there wouldbe.no further tiIlle extensions possible. At their
meeting of September 21, 1982, ~he Planning. Commission recommended approval
of the extension. On motion of Council Member Hogan,"'se'conde'd by Council
Member Vandeveer, it was unanimously voted to grant the time extension
for Tentative Tract Map No. 824, Lot 11, Oak Park Acres, to December 30, 1983.
ORAL COMMUNICATIONS
Council Member Millis suggested that political signs be treated
as real estate signs and that no regulations be enacted. Council concurred.
ADJOURNMENT
On motion of Council Member Millis, seconded by Council Member
Hogan, .it was unanimously voted to adjourn at 12:20 A.M. to a study session
on Monday, October 4, 1982 at 6:30 P.M.
~la~J~
A~~', t,{!!LIJi1:'J4~'
MAYOR