Loading...
Minutes 1981-11-10 64 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 10, 1981 The City Council met in regular session with Mayor Pope presiding. Upon roll call, Council Members B'Ann Smith, Karl A. Hogan, Mark,M. Millis, and Lawrence E. Vandeveer r~ported present. PLEDGE OF ALLEGIANCE Council Member Smith led the Pledge of Allegiance to our Flag. Thereafter, Council Member Millis delivered the ~nv6cation. APPROVAL OF MINUTES On motion of Council Member Vandeveer, se~o~ded by Council Member Millis, it was unanimously voted' to approve the minutes, of October 13, 1981 as amended. u APPROVAL OF WARRANTS On motion of Council Member Smith, seconded by Council Member Vandeveer, and unanimously carried, Demand Warrants #16084 through #16243 in the amount of' $187,706.37 and Payroll Warrants #20866 through #21067 in the amount of $139,356.75 were approved and ordered paid. SPECIAL PRESENTATION BY MAYOR PRO TEM VANDEVEER Mr. Vandeveer stated that he had attended the League of California Cities Conference on November 13, 1981,cchEid:,won a drawing and was awarded a check of $1,000. He presented the check to Mayor Pope'who accepted'it on behalf of the City. ITEMS DELETED FROM AGENDA - A-2 and B-3. Administrator Sheldon stated that because the regularly scheduled meeting of October 27, 1981, was not held'due to an electrical power failure, Council should consider two separate agendas. OCTOBER 27, 1981 APPROVAL OF CONSENT AGENDA ITEMS Council Member Smith requested that item A-6 be withdrawn from the agenda. On motion of Council Member Vandeveer, seconded by Council Member Millis, it was unanimously voted to approve the consent agenda items without item #6. A-6. Receipt of Planning Commission's Answered Agenda for Meeting of October 20, 1981. RECOMMEND REVIEW AND FILE. Council Member Smith stated she wished to discuss the tentative subdivision map; Tract No. 982, 143 Tally Ho Road, Lavine. She stated that the map was approved without drainage requirements as recommended by the Public Works Director. Administrator Sheldon stated that Council has adopted a resolution which requires that within a flood plain area certain drainage conditions must be required. These requirements were not made a cond~tion' of the map. On motion of Council Member Millis, seconded:.by Council Member Smith, it was unanimously carried to return consideration of the~tentative map to the Planning Commission for a condition of drainage. . A~l. Request for, Fee Exempt License by Disabled American Veterans, Memorial 45, to Sell Forget-Me-Nots from November 1~15, 1981, in Arroyo Grande for Purpose of Raising Rehabilitation Funds. RECOMMEND REVIEW AND APPROVAL FOR ISSUANCE OF FEE EXEMPT LICENSE. u A-2. Request to Set Date for Public Hearing on Appeal of Planning Commission's Decision of UNo Action", (Planning Commission Meeting of October 6, 1981), Re. Proposed Amendment to Land Use Element of General Plan from Low Density Residential Us~ Designation to High Density Residential Land Use Designation, 1385 Brighton Avenue, Siegfried Baden, and the Environmental Determination Attendant Thereto. RECOMMEND APPROVAL OF DATE OF NOVEMBER 10, 1981, FOR PUBLIC HEARING. I r I, :65 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER la, 1981 PAGE TWO A-3. Receipt of Report by Parks and Recreation.Director,.Re..Parks and Recreation. Commission's. Meeting of October 14i 1981. RECOMMEND REVIEW AND FILE. A_4. South Plant o Receipt of. Chief. Plant Operator's Repor~ for September, 1981, of San 'Luis. Obispo County Sanitation District; Plus Current Fiscal;Year's Flow Record. RECOMMEND REVIEW.. AND FILE, A-5. Receipt of "SLO County Tax Rates for 19BI-B2" as Prepared ISy Fred W. Cusick, County Auditor. RECOMMEND REVIEW AND FILE. A-6. Receipt. of ,Planning Commission's Answered Agenda for Meeting of' October 20, 19B1. RECOMMEND REVIEW AND FILE. A-7. Receipt of Letter of Appreciation/Commendation .to Public Works Director and Public .Works. Staff from Mrs. C. Elkins,. Miller Way,Arroyo. Grande! RECOMMEND RECEIVE AND FILE. .. A-B. Receipt.of.SLO County Air Pollution ControlDist"ict Bimonthly Report, July and August, 19B1. RECOMMEND REVIEW AND FILE... A-9. Receipt of Notice of Channel Counties Division ,of ,League of C~lifornia Cities' Quarterly Meeting on Fri~?y~_November 13, 1~81, ~~.Santa Barbara. RECOMMEND REVIEW AND NOTIFICATION TO CITY ADMINISTRATOR IF PLANNING TO ATTEND. A-IO. Receipt of Notice from South County Human Relations Commission. Announcing Sponsorship of. "Crime Fair and Community Protective Services Exhibit:', to be held on Saturday, .October 31, 19B1,..10.A.M. to 4-'P;M. ~ at Mid-State Bank in Grover City. RECOMMEND RECEIVE AND FILE. SECOND READING. OF ORDINANCE TO UPDATE. ANIMAL CONTROL REGULATIONS WITHIN CITY OF ARROYO GRANDE . 0 . City Attorney Shipsey read the title of the ordinance. On motion of Council Member Vandevee~,.seconde~ by C~uncil Member. Smith, it was' unanimously voted to dispense with further reading of the ordinance. ORDINANCE NO. 256 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE ARROYO GRANDE MUNICIPAL CODE BY . AMENDING SECTIONS.. 24 i .28, .,.38.. :39 AND..;l~ o' OF CHAPTER 1 OF TITLE 6 TO AMEND THE REDEMPTION FEES AND LICENSE FEES FOR DOGS AND CATS, CONTROL OF VICIOUS DOGS, CHARGES FOR LOST DOG TAGS,. AND IMPOUNDING OF STRAY CATS 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. No~e o the foregoing Ordinance was_passed and ~dopted.this 10th day of NoveID?~r, 1981. I. 66 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBEF 10, 1981 PAGE THREE RECEIPT OF NOTIFICATION BY MARTIN & CHAPMAN, ELECTION SUPPLIERS, THAT SENATE BILL NO. 230, EFFECTIVE IMMEDIATELY, AUTHORIZES CITIES TO HOLD MUNICIPAL ELECTIONS ON SAME DAY AS OTHER SCHEDULED ELECTIONS, IF DESIRED Administrator Sheldon stated that SB 230 would allow cities to hold their municipal elections in June or November when other elections are held. This would allow cities the option of consolidating their elections with county-wide elections. He stated that there. is also a proposed assembly bill which would allow the State to hold their elections in April when municipal elections are held. It was thecconsensus of Council to continue with holding City municipal elections in April. u PRESENTATION BY MAYOR POPE'OF PROGRESS REPORT ON ZONE THREE .ADVISORY COMMITTEE .MEETING OF OCTOBER 15, 1981_. Mayor Pope reported on the status of recreation service_and fishing availability at Lopez Lake. ADOPT RESOLUTION TO JOIN. WITH. COUNTY IN JOINT PURCHASING PROGRAM Administrator Sheldon stated that a letter was received from the County of San Luis Obispo, Department of General Services;.offering to allow the City to join them in a cooperative purchasing program. The City will not be required to purchase any items, but. will have the option of purchasing when it is to our advantage. City. Attorney Shipsey read the title of~t~e. resolution. On motion of Council Member Vandeveer, seconded by Council Member Smith, it was unanimously voted to dispense with further reading of the resolution. RESOLUTION NO. 1505 A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF ARROYO GRANDE. AUTHORIZING PURCHASES OF. CERTAIN ITEMS FOR THE CITY BY THE PURCHASING AGENT OF THE2COUNTY OF SAN LUIS OBISPO On motion of Council Member Smith, seconded by Council Member Vandeveer, and on the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Smith, Hogan, Millis, Vandeveer, Mayor P9pe None None the foregoing Resolution was passed and adopted this lOth day of November, 1981. REVIEW AND DIRECTION-OF SAN LUIS OBISPO AREA COUNCIL OF GOVERNMENTS' :;AGENDA Administrator.Sheldon stated that no action is required for this item as the meeting has already been held. NOVEMBER 10, 1981 APPROVAL .OF CONSENT AGENDA ITEMS Mayor Pope requested that A~9 be removed from. the agenda. On motion of Council Member Millis, seconded by Council Member Vandeveer, it was unanimously voted to approve thee consent agenda items without item #9. J A-9. Receipt of Letter of Request from Marie Cattoir for Council to Consider Proposed Resolution Concerning Diablo Canyon Nuclear Power Plant. Administrator Sheldon read letters from Gordon Bennett, Shirley and Rod Gibson, Manetta Bennett, and Sally Baldwin; all requesting Council to support the Udall Congressional pearings. Council Member Vandeveer stated that it is not within the City's jurisdiction to direct the NRC, however, he does support the resolution. Council Member Millis agreed that the~Council is an advisory body and that there are now seven studies being conducted at present. Council Member Hogan stated that Council should not add to .the confus!ion of another / study. Council Member Smith stated she is in support of the resolution as she is concerned for the safety of the community. Marie Cattoir read a statement in regard to the hearings and requested Council to adopt the proposed resolution. Cityc:Attorney Shipsey read the title of the resolution. Council Member Smith moved to accept and adopt the resolution but without a position being taken. Council Member Vandeveer seconded the motion. The motion was defeated with Council Members Millis and Hogan and Mayor Pope ~"~. ~_~ dissentinge r , ' r 67 .:/':, CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER la, 1981 PAGE FOUR CONTINUATION OF PUBLIC HEARING ON PROPOSED ZONE CHANGE FROM "A" AGRICULTURAL DISTRICT TO "RA-B3" RESIDENTIAL AGRICULTURAL DISTRICT, WCATED,'SOUTHERLY OF EAST CHERRY AVENUE AND WESTERLY OF BRANCH MILL ROAD, MI'LT HAYS; REZONING CASE NO. 81-159 Planning Director Hays'stated that-this hearing was continued from October 13, 1981 to allow the applicant' an opportunity to'submit further' information regarding access to the 'property. Access to the property,is granted by' an easement from the adjacent property owner; ,Mr. Hays stated that there is a ,legal question if: the easement which was granted was intended for additional persons. The applicant's attorney advises that it may, be used by, additional persons. 'City' Attorney Shipsey disagreed and stated that the grantor of the' access easement did not intend for more than one family to use the easement. Jim McGillis, representing, the- applicant', stated that the applicant's attorney could not be present and request<:,d a continuance of the hearing. Oh motion 'of" Council" Member Smith, seconded by Council Member Hogan,' it was unanimously voted_to 'continue the public hearing to the meeting of December 8,'1981. PUBLIC', HEARING ON PROPOSED AMENDMENT TO LAND'USE ELEMENT,OF' GENERAL' PLAN OF CITY, FROM LOW DENSITY RESIDENTIAL' ,LAND USE DESIGNATION'TO CENTRAL' BUSINESS DISTRICT LAND USE' DESIGNATION, 312 LE'POINT STREET,' WILLIAM, GERRISH Planning Director Hays' stated' that the Planning Commission; on October 6, 1981, held a public hearing and recommends approval of this amendment. He stated that the'applicant is requesting the'General Plan be amended from the Low Density Residential designation .to Central Business District and the zoning be changed from R-l. to Central Business District. Administrator Sheldon advised that the procedure for environmental consideration is'to take public input, continue the' public 'hearing to the next meeting, and then consider ,the environmental determination. The hearing having been properly published and noticed, Mayor Pope opened it for public comment. BILL MCCANN, 575 Crown Hill, requested explanation of the location of,the property. Mr. Hays stated that the property is located at 312 Le Point, Street. "On motion of Council Member Millis, seconded by Council Member' Vandeveer, it was unanimously voted ,to continue the' public hearing- "to, November 24, '1981 at 8:00 P.M. On motion'of'Council Member Vandeveer,' seconded by Council Member Hogan, it was unanimously voted to grant a Negative Declaration status for the'amendment. 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 SUBURBAN DISTRICT, PRINTZ ROAD, WILLIAM LACKEY, Planning Director Hays~reported,that on October' 6, 1981 the Planning Coinmission held a public',hearing on this request and denied the application. The applicant requested relief from the Zoning Ordinance which requires individual wells in the R-S '(Residenti:al Suburban) District,. ,. The appli'cant wishes to serve 'four,parcels from a single well. to be drilled on one' of the par6els. Admini'strator Sheldojy,read a letter from Bill Langworthy, 541 ..~ Calle vista del Asta, in opposition. The hearing having~ been properly published ';'ndnoticed', Mayor Pope ope.ned it 'for public comment'. '-ART .SHAWj' attorney represent1ng several property owners in1the area, stated-that he wished to enter into the record 'a letter'from,Mr..,Lackey dated' 6-17-81 which .stated that the ,residents. in the area are in favor of 'the variance; a letter from'Mr. Shaw'to the Planning Cominission dated 10-5-81; and. a letter from Public Works Directo'r Karp. to Administrator.: Sheldon dated '6-4:...81-'recommending denial of ,the request. Mr. . Shaw suggested a condition' to the proposed parcel mapAG 81-76 tothe.effect that' the. map is "not final until ,the Planning Commission finds there i~ one or more-working'wel~ and no water is being brought in other than city water". T.J. KIRKPATRICK, a property 6,8 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 10, 1981 PAGE FIVE owner in the area, agreed with Mr. Shaw. BILL PIERCE stated he lives two parcels down and is in favor of the development but thinks it unfair to pump water ,into the property. BOB CHAPMAN, 403 S. Halcyon, and CHUCK FELTON, 202 Canyon Way, spoke regarding the application. BILL LACKEY stated he was pumping water into the property only to water the'vegetation required by the City as an erosion control method. He also stated he could not accept the condition as stated by Mr. Shaw as it would lengthen the escrow period on the property and cause him a financial hardship. City Attorney'Shipsey advised that if Council wished to grant the~request, U_' it should be by some other method than a variance. He, suggested that the ordinance be changed to allow a conditional use permit procedure. Council Member Smith stated she is in favor of',:upholding the Planning Commission 1"5 decision~' '.::C6uncil Member Hogan stated he would support the ordinance change. Council Member Millis pointed out that the Planning Commission's denial of this'request was unanimous and that Staff has concerns that the City could end up inheriting the well if there were problems. Council Member Vandeveer stated he is in favor of the well system for these four parcels, however, he cannot see another similar property in the City. City Attorney Shipsey stated that if a variance is granted, Council must make the finding that it is not a grant of special privilege. Administrator Sheldon recommended that if it is the desire of Council to permit the community-well system, that the ordinance be changed to provide the conditional use permit procedure. Council Member Millis moved to uphold the Planning Commissiorl's decision of denial of the variance and was seconded by Council Member' Smith. AIroll call vote was taken'; AYES: NOES: ABSENT: ABSTAIN: Council Members Smith, Hogan, and'Millis, Mayor Pope None(:i.-;. None Council Member Vandeveer Council Member Vandeveer moved to direct staff to adjust the ordinance to allow for a conditional use permit procedure and Council Member Hogan seconded the motion. A roll call vote' was taken: AYES: Council Members Hogan and Vandeveer, Mayor Pope NOES: Council Members Smith arid Millis ABSENT: None PUBLIC HEARING ONAP?EAL OF PLANNING COMMISSION DECISION RE: PROPOSED AMENDMENT TO LAND USE ELEMENT OF GENERAL PLAN ,AND ZONE CHANGE, 1385 BRIGHTON AVENUE, SIEGFRIED BADEN AND ENVIRONMENTAL DETERMINATION Planning Director Hays reported that on October 6, 1981 the Planning Commission held a public hearing on this request and the.vote ended in a 2-2 tie, which resulted in no action on ,the request. Subsequently, ,the lack of action has been appealed. The app~ic?nt is requesting, a General O!I"~,'_' Plan Amendment from Low Density Residential to High Density Residential of approximately 2 acres at 1385 Brighton Avenue. The si'te is zoned R-l' and the applicant is requesting R-3. The hearing' having been properly ncticed and published, Mayor Pope opened it for pUblic comment. ELIZABETH 'JACKSON, 208 Fairview; spOke regarding...the petition submitted in opposition and stated that the health and welfare of the neighborhood would be changed if apartments were allowed. SIEGFRIED BADEN, 1385 Brighton, stated that the adjacent property is no longer R-l and the neighborhood is no longer as quiet as it onc~ was due to the construction of the nearby shopping center. He added that, affordable housing' should be welcomed as it would be within walking distance of the shopping center. I l' " I I' , , n n 69 CITY COUNCIL ARROYO GRANDE;, CALIFORNIA NOVEMBER 10,' 1981 PAGE SIX MRS. HIGDON, 481 Fairview; CLEO SILVA, 195 Fairview.; JOYCE BEELER,1304 Brighton; MRS. TUNE', .162 Fairview; HENRY HOLDREN,' 351' Led6:.'Place; CLIFF JOHNSON', 226' Fairviewj. CLAUDE MARTINi .e190 Fidrview'; HELEN DORSEY; 137 'Newport; LOU DAVIS, 1431 Newport; MRS'. JOHNSON~ '226 'Fairview; MRS. COOK', 170 Fairview; ALAN JACKSON, 208 Fairview;' MRS'.'"ANDERSON', 175 Fairview;' AL KEAT,' 209: Fairview; MR. SILVA, .195 Fairview; RALPH COOK, 170 Fairview; MRS. WEATHERSPOON, 186 Faiiview; IRENE MOTTA, 165 Fairview; and"MR' 'HIGDON,. 481 Fairview; spoke in opposition. BILL LACKEY, 877 Todd Lane; spoke' regarding the application. There being no further comments, the hearing was closed. There was discussion' as to'whether the 'Planning'Commission'vote'of 2-2 constituted a denial or a 'no vote';'..'"City Attorney' Shipsey stated that it was his opinion that it would be considered a denial. Council Member Millis stated that the Council is' to'represent the peoj:>le'and that consideration should be given to the many people who have spoken;in opposition. Council Member Vandeveer' stated that to deny the application is spot zoning. Counei 1 Member .Hogan :stated he. 'supports property' owners'" rights'. Council Member Smith stated that the ,neighborhood residents' have a right to object. Mayor Pope stated that this has been a long-existing problem and that the property was zoned ~-3.when Mr. Baden bought it and was 'since rezoned to R-l. Council Member Millis moved to.uphold.the decision of the Planning Commission. Council Member'Smith seconded the motion.' A roll call vote was taken: AYES: Council Members .Smith and' Millis NOES: Council Members Hogan and:Vandeveer, Mayor Pope ABSENT: None. Council Member Vandeveer moved to continue the. 'public hearing" to' November 24, 1981 and Council Member Hogan seconded the motion. A roll call vote was taken: AYES: Council Members;Hogan',;and.Vandeveer; Mayor 'Pope', NOES:". Council" Members. Smith"'.arid~'Millis'. ',;. ABSENT: None Council Member;Vandeveer moved' to accept'a Negative Declaration status for the. project' andCbunci'l: Member"Hogan'seconded' the motion. A roll' call vote was' taken: AYES: Council NOES: Council ABSENT: None "Members Hogan and Vandeveer, Mayor Pope Members Smith and Millis ,",' CONTINUATION OF COUNCIL'ScREVIEW AND DISCUSSION. RE: POLICY DECISION ON WATER AND SEWER RESOURCES OF THE CITY It was the consensus of Council to continue this item due to the late hour. '" RECEIPT OF BIDS AND AWARDING OF CONTRACT FOR CONSTRUCTION AND INSTALLATION OF DEEP DOMESTIC WELL \ , Public Works Director Karp explained that ,two bidsl".were. received; one from Floyd V. Wells, Inc., and Maggiora Bros~' Drilling ,',-Inc. The low bid was from Floyd V. Wells, Inc., however, the bidder has conditioned his bid. Mr. Karp stated that because of the exceptions, the bid does not meet specifications. He recommended that the bid be awarded to Maggiora Bros. in the amount of $97,947 for the steel well and $112,419.40 for the plastic well. The type of well will be determined after the drilling of the test well. On motion of Council Member Vandeveer, seconded by Council Member Smith, it was unanimously voted to accept the bid of Maggiora Bros. Drilling, Inc. subject to the amounts as stated by Mr. Karp. / 70 CITY COUNCIL ARROYO GRANDE, CALIFORNIA NOVEMBER 10, 1981 PAGE SEVEN REQUEST/RECOMMENDATION BY PUBLIC WORKS DIRECTOR FOR COUNCIL APPROVAL OF LOT SPLIT CASE NO. 80-334, PARCEL MAP NO~'AG 81-76,WILLIAM LACKEY Public Works Director Karp stated that the subject property is southerly of Printz Road within the City and is served by a private road easement from that County road.,'" The ,split will create four parcels; three will be 2.5 acres with the remainder being,nearly 12 acres. ,Several conditions ~ere attached including construction of a private road to 'serve the parcels.' The project is near completion, He recommended approval subject to the following conditions: 1) Find that the required improvements are necessary prerequisites to the orderly development of theccommunity. u 2) Find that the parcel map is consistent ,with the:General Plan and zoning. On motion of Council Meinber Hogan, "seconded by Council Member Vandeveer", it was unanimously voted to accept Mr. Karp's recommendation of approval of parcel map AG 81-76 subject ,to the above conditions. REQUEST/RECOMMENDATION BY ,PUBLIC WORKS DIRECTOR FOR ,COUNCIL APPROVAL OF LOT SPLIT CASE NO. 81-335, PARCEL MAP NO'. AG 81-179, LESTER F. WHITE, JR. Public Works Director Karp stated that the subject property is a lot line adjustment of a parcel map approved in 1980. The split fronts on Printz Road and the::resulting parcels will be one acre and two acres. The area is zoned RS and low density residential in' the Land Use'map, The tentative map was approved by Council earlier this year. The open space easementsshown on the tentative map was' not a condition to that approval. No dedications or improvements have been required. He recommended approval subject to the following ,finding: 1) Find that the map is consistent with the General Plan. On motion of Council Member Smith, seconded by Council'Member Vandeveer, it was unanimously voted to approve parcel map no. AG 81-179 as-recommended. ORAL COMMUNICATIONS Mr. Stan Abbott, attorney for the Rancho Grande property, requested a date as to when the City's water and resources review will be-discussed. Mayor Pope indicated that he was unable to provide that information at this time. ADJOURNMENT On motion of Council Member Vandeveer, seconded by Council Member Hogan" it was unanimously voted to adjourn at 11:15 P.M. / I i J A='" &~, , EPUTY CLERK 7MAYOR '-.)