Minutes 1981-10-13
58
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
OCTOBER 13, 1981
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
Council Member Millis led the Pledge of Allegiance to our Flag.
Thereafter, Mayor Pope delivered the invocation.
APPROVAL OF MINUTES
On motion of Council Member Smith, seconded by Council Member
Vandeveer, it was unanimously voted to approve ~he minutes of September 22,
and September 29, 1981 as presehted.
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APPROVAL OF WARRANTS
Op mqtion of Council Member Vandeveer, seconded" by Council Member
Hogan, and unanimously carried, Demand Warrants #16001 through #16083 in
the amount of $70,212.98 and Payroll Warrants #20762 through #20865 in
the amount of $55,973.92 were approved and ordered paid.
APPROVAL OF CONSENT AGENDA ITEMS
On motion of Council Member Vandeveer, seconded by' Council Member
Hogan, it was unanimously voted to approve the Consent Agenda Items with
the recommended 'courses 'of action 'and the amendment to Item #13.
A-I. Receipt :of Departmental Monthly Report for September; '1981. RECOMMEND
REVIEW AND FILE.'
A-2. Receipt of Answered Agenda from Planning Commission Meeting of
October 6, 1981. RECOMMEND REVIEW AND FILE.
A-3. Receipt of Legislative Bulletin Nos. '30, 31, 32, and 33 from League
of California Cities and Others. RECO~~ND REVIEW AND FILE.
A.,,4," Receipt :,ofc:Letter:ofc'Appteciation,:,'from ,'Chairman Stevevl,iacElvaine
Board of Supervisors, C(:mhty of ' San Luis .Obispo, 'Re. City's Participation in
1981 Summer Youth Employment Program. RECO~IEND REVIEW AND FILE.
A-5. Receipt of Information Notice from Sonic Cable TV, Re. Cable Channel
Changes. RECOMMEND REVIEW AND FILE.
A-6. Receipt of Letter of Thanks from SLO County Youth Symphony, Re. City's
Monetary Support During Current Fiscal Year. RECOMMEND 'REVIEW AND FILE.
A-7. Receipt of Notice and Information, Re. Safe Schools Week, October 19~23,
1981, ,from Office of Attorney General of State of California. RECOMMEND
REVIEW AND FILE.
A-8. Receipt of Parking and Traffic Commission Minutes of September '28, 1981.
RECOMMEND REVIEW AND FILE.
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A-9. Request to Set Date for Public Hearing on Proposed, Amendment to Land
Use Element of General Plan of City of Arroyo Grande, from Low Density
Residential Land Use Designation to Central Business District Land Use
Designation, 312 Le Point Street (Gerrish). RECOMMEND COUNCIL APPROVAL OF
OCTOBER 27, 1981, at 8:00 P.M. FOR PUBLIC HEARING.
A-IO. Request to Set Date for Public Hearing on Appeal of Planning Commission's
Decision of Denial of Variance Case No. 81-81, Proposing to Permit
Establishment of Community Water Well System to Serve Four Individual
Parcels of Land in Residential Surburban District, Near Printz Road (wm. Lackey).
RECOMMEND APPROVAL OF OCTOBER 27, 1981, at 8:00 P.M. FOR PUBLIC HEARING
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59
CITY COUNCIL
ARROYO,GRANDE, CALIFORNIA
OCTOBER :13, 1981
PAGE TWO
A-I!. Receipt of Applicatiim:cfor Pennit to
Serve Parcel of Land !Parcel No. 7-781-3),
RECOMMEND COUNCIL' S REvIEW AND APPROVAL OF
Establish Domestic Water Well 'to
South of Printz Road (Wm. Lackey).
SAID'PERMIT~
A-12: Receipt of Application for p~rmit to'~stablish Irrigation Water ,Well
to serVe Zoned Agricultural Preserve, (Replaces'ExistingWell) ,on Parcel
No. 7-731":07; Location -' N?rtherly of 'Bra:ridiMillI~oad (Hilo Fuchiwaki) .
RECOMMEND COUNCIL'S REVIEW'AND APPROVALOF'SAID PERMIT~
A-13. Receipt' of Progress 'Pa~ent Request No.3, Re. 2-Million Gallon 'Water
Reservoir, Amount of, $45,194.60, for Payment to'Contractor, San Luis Tank
and' Pip~ng. ,RECOMMEND REVIEW AND COUNCIL APPROVAL "OF PAYMENT.
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SECOND READING OF ORDINANCE TO EFFECT CHANGE FROM "RA-B3" TO "RA-B2", :
181 TALLY HO ROAD, REZONING CASE NO. 79-124 (SHIGENAKA) ,
, Administrator Sheldon read 'the ti~le of the ordinance. On motion
of Council.M~~e~ yandev~er~ ~second~d by'~o~ncil.~~IDbe! Hoga~,'it was i
uannimously voted 'to dispense with further reading of the ord{nance.
ORDINANCE NO. 255 C.S.
AN ORDINANCE OF'THE CI'l'YOF ARROYO GRANDE
AMENDING A PORTION OF THE ZONING MAP OF THE
CITY ,OF ARROYO GRANDE REFERRED TO IN SECTION ,.302
OF TITLE 9, CHAPTER 4 OF THE MUNICIPAL CODE SO
AS'TO REZONE 'CERTAIN" PROPERTY IN THE CITY OF
ARROYO GRANDE KNOWN AS'l!l! TALLY'HO Mob
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On motion ~t Caunell Membe~ vande~~er~ se~onded
Hogan, and on the 'following roll call vote;'to wit:
by Council Member
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AYES:
NOES:
!i"BSENT:
Council Members Hogan , and Vandeveer, Mayor Pope'
Council Members Sm1th and Millis
None
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the foregoing Ordinance was passed and 'adopted 'th{s 13th day of October, 1981.
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RESOLUTION AUTHORIZING APPLICATION' ',TO sLb 'COUNTY LOCAL AGENCY FORMATION
COMHISSION COMMISSION FOR 'ANNEXATION OF PROPERTY KNOWN AS "STEM ANNEXATION"
TO CITY 'OF ARROYO GRANDE
Administrator Sheldon stated that the ordinan~e has been adopted
prezoning this property and the next'procedure is to adopt'a resolution
authorizing, application"to 'LAFCO. He, read the title' of 'the 'resolution.
On rnot~on of Council' Member-vandeveer, seconded by'Council Member Hogari~
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it was ~nanimousiy vote~ to di~pense wi~h fur~her reading' of the" resolution.
RESOLUTION"NO. '1503 '
A RESOLUTION OF' THE CITY 'COuNCIl; 'OF'TilE" CITY
OF'AR~bYO GRANDE MAKING APpEI~ATlbN" TO' SAN LUIS
OBISPO, COUNTY LOCAL AGENCY FORMATION'FOR THE
PROPERTY KNOwN AS THE STEM ANNEXATION
- Hogan,
_ . On motion o~ ~ounc~l ~ember Vandeveer,- 'seco!lded' by Cduncil Member
an~:l: pn the ,fol.~ow1ng r~~~_- ~~l_l- vot~1 to wit':
AYES:
NOES:
ABSENT:
Councii'"Members Hog-an .c3:nd vandeye~r 1 ~Mayoi-_ Pope.
Council Members' Smith apd Millis' ,
None.
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the foregoing Resolution was passed and ~dopted this '13th day of'October, 1981.
60
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
OCTOBER 13, 1981
PAGE THREE
POLICY DECISION BY CITY COUNCIL, RE: WATER AND-SEWER RESOURCES OF CITY
OF ARROYO GRANDE
Administrator Sheldon reported that on September 29, 1981 the
City Council held a special study session to re~iew water and sewer resources
in the city and discuss establishing policies to regulate those resources.
He commended regarding the various alternatives suggested at that meeting.
-,-" - Council Member Smith stated that the majority of the citizens want
a slow growth rate for the City and agricultural land should not be rezoned.
Council Member Hogan stated that growth cannot be controlled and that water
saving devices should be used. Mayor Pope questioned the legality of
mandating controls on building permits. Council Member Vandeveer moved
to adopt.;Phase 1 of Staff's report dated September 9 and phase 1 of
Staff's report dated September 4in.which Staff would monitor building
permits on a quarterly basis. After discussion, it was the consensus of
Council to continue this matter to allow inp,ut from the City Attorney
as toe the legaility of these mandates.
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CONTINUATION OF PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION'S DECISION
ON PROPOSED REZONING CASE NCJ. 81-158, "A" AGRICULTURAL DISTRICT TO "RS"
RESIDENTIAL SUBURBAN DISTRICT, NEAR BRANCH MILL ROAD AND FLORA ROAD
(POOLE AND HEAD)
Planning Director Hays stated that the subject property is
approximately-ll.62 acres and the applicants are requesting that it be
rezoned from .~~A"";D" Agriculture - Design Development to "R_SII Residential
Suburban. The A-D zone requires a minimum lot size of 5 acres and the
R-S zone arninimum of 21/2 acre minimum lot size,. The Planning Comml.ssion,
at the meeting of August 18,1981 voted to deny the applisation on the basis
that the property is prime agricultural land and should be preserved.
Administrator Sheldon stated_that a petition was received from 50 persons in
favor of the rezoning and a lett~r from David W. Murray, 478 Tanner Lane,
in opposition. The hearing having been properly published and noticed,
Mayor Pope opened it for public comment. THOM HEAD, 344 Santa Fe, Pismo
Beach, and an applicant, stated that they will dedicate an easement for-
access to the adjacent Strother Park. He also stated that the proposed
rezoning- is consistent with the General Plan and he referred to a report
submitted by Mr. George J. -Hellyer, Agricultural Economist. He pointed.out that,
as the report states, the proposed 21/2 acre lot size is economically
feasible as a 'mini-fam'.. MR. GEORGE HELLYER stated that whereas nine
acre farming is not feasible, the smaller size would enable the owner to
raise produ<;e for his 'own:'~use ~ JOANN FENTON, representing Mr.. Poole
and Mr. Head, stated that the General Plan designates this property as
low density residential and not agricultural. She stated that it should
be the goal of any city to reach conformance with the mandated General Plan.
She requested that Mr.Hellyer' s report be considered part of the record.
BILL MCCANN, 575 Crown Hill; ANTON DECOITO, 311 Noguera; and JOHN SILVA,
Flora Road, spoke in opposition to the rezoning. ELIZABETH JACKSON, 208
Fairview, stated that the property should remain in agricultural. ELLA
HONEYCUTT, 560 Oakhill Road, spoke in opposition and stated that we should
protect our farmland. JOANN FENTON stated that if it is the desire of the
City to preserve property as farmland, then it should be designated in the
General Plan as agricultural. MR. POOLE and MR._HEAD stated. that it is
their intention to retain the property as agricultural but on a smaller scale.
Council Member Smith recommended that the Planning Commission decision be
upheld. Council Member Millis stated that the General Plan states that
this property shall be a minimum of five acre parcels. Council Member
Vandeveer stated that he disagreed with Mr. Hellyer's report that a profit
can be made on less than 11 acres. He stated that the property should remain
as agricultural. On motion of Council Member Vandeveer, seconded by
Council Member Millis, it was passed to uphold the Planning Commission's
decision of denial of this application subject to their findings and conditions.
Council Member Hogan dissented.
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. CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
OCTOBER '13, 1981
PAGE FOUR
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PUBLIC HEARING ON PROPOSEDZONINGnCHANGE, FROM "An AGRICULTURAL DISTRICT.
TO "RA-B3'" RESIDENTIALAGRICULTURAL-'DISTRICT,PROPERTYLOCATED SOUTHERLY--
OF EAST.CHERRY AVENUE AND, WESTERLY:OF,BRANCH,:MILL'ROAD.'(HAYS) , REZONING'
CASE NO., 81-159 "'.'
Planning Director- Hays. stated.,that the applicimt is ,requesting
to rezone a 4.24 acre. parcel from_ "AI~_Agriculture to ..!1,RA"':'"B3"._Residential
Agricultural -.40,000 square foot minimum building, site. This.would,~llow.
up to four parcels to be.created~and~the.applicant is also requestingr:
that the Optional. Design,.standards.be,applied to this rezoning to allow
flexibility in' development ~f ,this par~el due to the, topography.., He ;
stated that, the, property has an.easement'for access which would need,to,
be widened. . It has ,not beEm confirmed at this.time.,if the adjoining' .
property owner will allow the access easement. to be.widened. Mr, Hays"
recommended that the hearing be continued to receive this additional
information. The hearing having been properly published and noticed,
Mayor Pope opened it for public,hearing. JIM MCBILLIS, representing
the applicant, stated that-then applicant is only requesting rezoning of
the property at this time. There being no further., comments, the heariing
was closed. Council Member,Vandeveer stated that he.is in favor of
continuing the hearing until the access problems are resolved. Counc~l
Member Millis agreed. On motion of Council Member Hogan, seconded by:
Council Member Millis, it.was unanimously voted 'to continue the hearing
to the next meeting to allow,the,.applicant"to'submit additional information
regarding ingress and egress.
REVIEW AND AMENDMENT TO CITY CODE, SPECIFICALLY ANIMAL CONTROL
Administrator Sheldon stated that the proposed. ordinance is
submitted by the County and will bring our Animal Control Ordinance
into conformance with other-cities. On ,motion of. Council Member Vand~veer,
seconded by Council Member Smith, it was unanimously voted to dispense
with further reading of theordin~nce.
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Accept on behalf of the,.public. the offer of dedication' for- street
purposes and the easement for street trees.
Find" that the map 'is consistent ,with, the General Plan andc,zoning."
motion of Council Member,' Millis ,'" seconded by Council, Member. VandevEier,.
was passed to approve the parcel map no. 8l-83'subject to the find~ngs
stated by Mr. Karp. Council Member Hogan dissented.'
RECEIPT OF REQUEST ON 'BEHALF OF MAYORS OF ALL CITIES IN.SAN'LUIS OBISro
COUNTY, RE: REORGANIZATION OF' SLO COG AGENCY AND RECOMMENDED ESTABLISHMENT
BY SUCH, CITIES OF, CERTAIN, POLICIES., FOR SAID, AGENCY,'
Administrator Sheldon'stated,that the Mayors of the Cities of
San Luis Obispo County'met and.. discussed' policies regarding' ,the reorganization
of' the agency known'as SLO COG, He presented the policies and recommended
that Council take-a position on them. On. motion~9f-Council Member Sm~th,
seconded by Mayor:',Pope ,c,'it- was' passed to' adopt the, pol,icies. ,'CouncLLMember
Hogan dissented.
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CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
OCTOBER 13,'1981
PAGE FIVE
REQUEST OF MAYORS OF CITIES TO RESCIND PREVIOUSLY APPROVED AMENDMENT TO
HANDICAPPED TRANSPORTATION JOINT POWERS AGREEMENT
Administrator Sheldon stated that on August 25, 1981 Council '
adopted, Resolution No. 1494 which authorized amending the Handicapped'
Joint,Powers~Agreement. The resolution provided for' the inclusion of a
one y~"r' pilot program for handicapped transpor.tation between the ) , , ""
citi~.s" of San Luis Obispo and'Atascadero. At the Mayor's meeting' of '~,'" "0'
SepteInbe:!:;;iO~ 1981 the'matter'was 'di,scussed and' it' was decided that the
pilot study could"go forward without this amendment to the JPA. 'He
recommended rescinding, Resolution No. 1494. Mr. Sheldon 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.
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RESOLUTION NO. 1504'"
A RESOLUTION OF THE CITY COUNCIL 'OF'THE CITY
OF ARROYO GRANDE RESCINDING RESOLUTION NO.' '1494
AUTHORIZING THE AMENDMENT OF THE JOINT POWERS
AGREEMENT
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, Hogan, Millis, Vandeveer, Mayor Pope
None
None
the foregoing Resolution was passed and ad?pted' this 13th day of October, 1981.
OFFICIAL DESIGNATION OF LOCATION OF COUNCIL CHAMBERS', 215 E; BRANCH STREET',
EFFECTIVE NOVEMBER 10, 1981.. ,
Administrator Sheldon stated that,the City Code provides that all
regular meetings of the City Council shall be held in the Council Chambers
and that by November 10, 1981 the new Council Chmabers will be prepared
to cond;'ct business at the new location of '2l5E: Branch Street~ "He recommended
that Coun'cil declare~ by minute order, the new location' of the'Couricit:,Chambers.
On m6t'i'on-.o:E Co~cil Member Hogan; seconded by Council'Member Vandeveer, "it
was 'unanifu6usly voted'to designate'the location of 215 E. Branch Street as
the Arroyo Grande City Councii Chambers.'
DISCUSSION RE: CONSUMPTION OF ALCOHOLIC BEVERAGES IN PUBLIC AREAS: REQUEST
FROM POLICE CHIEF FOR ORDINANCE TO PROHIBIT OPEN CONTAINERS AND LETTER FROM'
JEANNE ANDREWS AND BARBARA TAYLOR
Administrator Sheldon stated that a:letter was received from
Jeannie Andrews and Barbara Taylor expressing their concern about pUblic
drinking during Harvest Festival. He also referred to a memo from the
Chief of Police requesting an ordinance to prohibit open containers of
alcoholic beverages on city streets, sidewalks, alleys and parking lots.
This problem occurs not' only at Harvest Festival time, but' also other times
of the year~ It was the consensus, of Council that Staff proceed with
research and return with a proposed ordinance.
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REVIEW AND DISCUSSION RE:. LEAGUE OF CALIFORNIA CITIES' PROPOSED RESOLUTIONS -
BEFORE GENERAL ASSEMBLY AT ANNUAL LEAGUE CONFERENCE
Administrator Sheldon referred to the' proposed resolutions and
the: 'synopsis"prepanid for each. He stated ,that rather' than discuss each
of the 75'resolutions, that if' Council has strong feelings regarding any
one in particular, that. Council's -voting delegate be instructed to oppose it.
It was the consensus of Council to oppose the League's Resolut~6n'No. 48
which proposes to-ban the sale, distribution or use of fireworks.
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63
CITY COUNCIL
ARROYO GRANDE, CALIFORNIA
OCTOBER '13, -1981
PAGE SIX
REQUEST BY FIRE CHIEF FOR COUNCIL'S. APPROVAL TO PURCHASE NEW RADIO SYSTEM
FOR FIRE DEPARTMENT '. . .'
Administrator Sheldon stated that t?e Fire Chief ~s reques~ing
approval to purchase a new radio system for the fire department from
Motorola Communications, inc. The total amount, including, t~ anp.
installation, is $38,427,00. The existing fire siren system will ?e
eliminated and the Department will be completely. dependent,on the pag~r
radio system. The'original projection of the'system was in the amou~t of
$33,000, of which these funds were accumulated in Revenue Sharing. O~
motion of Council Member Hogan, seconded by Council Member Smith, it was
una~imously ~~~ed to app~o~e th~.p~~~hase of the new,ra9io system.plus the
additional funds required,
ORAL COMMUNICATIONS
On motion of Council Member'Millis, seconded by Council Member
Vandeveer, .it was unanirnously'voted to consider'the Proclamation for
Arroyo Grande Community Hospital'Auxiliary Dayan emergency item and to
approve the proclamation. Council Member Smith stated that since sirens
will be discontinued for emergency vehicles, that the flashing light
in front of the fire station should be installed as'soon as' pos3ible to"
warn motorists of fire trucks~.-_leaving the station.- .. Council' Member HcxJan
requested of'Planning Director Hays .a'list'of attendance of Planning
Commissioners. He also stated he intends to introduce a resolution
calling for the withdrawal of the City from the League of California Cities.
Council Member Millis pointed out the great benefit derived from the League.
ADJOURNMENT
On mbtionof Council Member Hogan, seconded by' Council Member'
Vandeveer, it was unanimously voted to 'adjourn at 10:25 P.M.
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DEPUTY TY 'CLERK . ,