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Minutes 1981-09-22 r r 53 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 22; 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 Hogan led the Pledge of Allegiance to our Flag. Thereafter, Reverend Alan P. Gorsline; United Methodist Church,Arroyo Grande, delivered the invocation.: APPROVAL' OF MINUTES On motion of Council Member Millis,' seconded'by Council Member Vandeveer, it was unanimously voted to approve the minutes of September 8, 1981 as corrected. APPROVAL OF WARRANTS On motion of Council Member Hogan, seconded by Council Member Millis, and unanimously carried', 'Demand Warrants' jlp225 through jlp245 and #15921 through #16000 in the"arnount of $284,947.61 and Payroll Warrants jl20677 through jl20761 in the amount of $70,331.75 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. A-I. Receipt of August, 1981, Report of Chief Plant Operator of South San Luis Obispo County sanitation District. RECOMMEND REVIEW AND FILE. A-2. Receipt of Planning Commission's Answered Agenda for the Meeting of September 15, 1981. RECOMMEND REVIEW AND FILE. ' A-3.' Receipt of Report by Parks'and Recreation'Director, Re: Parks'and Recreation Comcnission's Meeting of September '16, 1981; 'RECOMMEND 'REVIEW AND FILE. A-4. Request to'Set Date for Public Hearing on Proposed Zoning'Change from "All Agricultural District to: ~'RA-B3" -Residentiar Agricultural District, Property Located Southerly of East Cherry 'Avenue and Westerly'of Branch Mill Road (Hayesh RECOMMEND APPROVAL OF' OCTOBER '13, 1981 FOR PUBLIC' HEARING. SECOND READING OF ORDINANCE'TO'EFFECT ZONE CHANGE FROM "A""AGRICULTURAL DISTRICT TO "R-l" SINGLE FAMILY'RESIDENTIAL'DISTRICT, HUASNA ROAD,'REZONING CASE NO. 81-157 (IKEDA) City Attorney Shipsey read the title of the ordinance. On motion of Council Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to dispense with further reading of the' ordinance. ORDINANCE NO. -253 e.s. -, n. ..'. AN ORDINANCE'OF THE CITY'OF'ARROYO GRANDE AMENDING, A PORrION' OF THE ZONING MAP OF THE CITY OF' ARROYO GRANDE'REFERRED TO'IN SECTION OF TITLE 9; 'CHAPTER 40F THE MUNICIPAL CODE SO AS' TO 'REZONE' CERTAIN PROPERTY',IN' THE CITY OF ARROYO GRANDE KNOWN AS THE IKEDA' PROPERrY .302 On motion of Council Member Vandeveer, seconded by Council Member Hogan, and on the following roll call vote, to wit: 54 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 22, 1981 PAGE TWO AYES: NOES: ABSENT: Council Members Hogan ahd Vandeveer, Mayor Pope Council Members Smith ~rid Millis None the foregoing Ordinance was passed and adopted this 22nd day of September, 1981. SECOND READING OF ORDINANCE TO EFFECT ZONE CHANGE FROM'''RA-B3'' TO "RA-'B2", TALLY HO ROAD, REZONING CASE NO. 80-145 (LAVINE) City Attorney Shipsey read the title of the ordinance. On motion ofC:Council.Member Vandeveer, seconded by Council Member Hogan, it was unanimously voted to dispense with further reading of the ordinance. ORDINANCE NO. 254 C.S. u AN ORDINANCE OF THE CITY OF 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 THE LAVINE PROPERTY On motion of Council Member Vandeveer, seconded by Council Member Hogan, and,on the following roll 'call vote, to wit: AYES: NOES: ABSENT: Council Members Hogan and Vandeveer, Mayor Pope Council Members Smith and Millis None the foregoing Ordinance was passed .and adopted this 22nd day of September, 1981. PROGRESS REPORT ON DEEP WATER WELL Public Works Director Karp recommended t~at the project be separated .into two phases.' Phase I would include the drilling of the test well and production well with appropriate testing. He requested that. staff be authorized to call for bids for construction of the deep domestic water well. If authorized, staff couldcmodify the plans and advertise for opening of bids on November 3, 1981. The wells could be drilled and capped by. Christmas. The budget should be $125,000. PhaSe. II 90u~d then be advertised next Spring for construction during...t!w .summer of 1982 (expenditures from 1982-83 Fiscal Year and operation c9~~d cp~e~ce. in Fall of 1982). On motion of Council Member Hogan, seconded by Council Member Vandeveer, it was passed to accept the recommendation of Mr. Karp and authorize staff to.call for bids for the construction of the deep domestic water well. Council Member Millis dissented.' DISCUSSION RE: COST OF AGENDA COPIES Finance Director Bacon referred to the report submitted by Administrator Sheldon listing the cost of agenda copies. He stated that the cost per copy was found to.be more. than that presently charged of 25~. He also referred to Government Code Section 6257 which states that a fee may be charged. He stated that Mr. Sheldon recommends that the cost per copy remain the same and, therefore,- no action_ is required by Council. Bill McCann requested copies of staff reports pertaining to public hearings be available at the meetings. On motion of Council Member Smith, . seconded by Council Member Hogan, it was unanimously voted to post a . copy of the agenda at City Hall and the Library and continue with the present cost per copy of 25~ for items other than the agenda. u Ii ~ 55 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 22, 1981 PAGE THREE ORAL REPORT BY MAYOR ON RECENT ZONE THREE ADVISORY COMMITTEE MEETING OF SEPTEMBER 17, 1981 Mayor Pope-reported that 'bids were received for the supply of fish ,for Lopez Lake and Mr; Canby (the present supplier)- was not awarded the' bid. He also stated that 'the County'is not'going'to shut down the plant and it will be in operation through the'Winter.-' PUBLIC HEARING ON'APPEAL,OF PLANNING COMMISSION'S DECISION ON PROPOSED REZONING CASE NO. 81~'158i "A'" DISTRICT TO "R-S" DISTRICT', NEAR BRANCH MILL ROAD AND'FLaRA'ROAD (POOLE AND' HEAD) Mayor ,p'ope' stated that ,the"applicants' ,have requested' the hearing be continued' to the next meeting 'so that they may' submit further information. Theohearing having been ,properly published and'noticed; he- opened it for public comment so that any person could speak 'who' could not' be 'present at the next meeting. There being none, the hearing was closed. On motion of Council Member Hogan, seconded 'by Council Member Vandeveer, it was' unanimously voted 'to continue 'the public hearing to the meeting of October 13" 1981. PUBLIC HEARING ON REQUEST FOR PROPOSED ZONING CHANGE FROM, "RA-B3" TO "RA-B2", 181 TALLY HO ROAD, REZONING CASE NO. 79-124 (SHIGENAKA) Planning Director Hays stated that the property is approximately 'I l/2 acres 'in size and lies on thewesterly'side of Tally Ho Road between Via La Barranca and- James' Way'. ' "The Planning Commission' recommends approval as they felt it is consistent with' the surrounding zoning. The hearing having been properly noticed and published, Mayor Pope opened it for public ,comment. There being none, the hearing was closed. Council Member Vandeveer stated'that there 'has been improvement in the drainage problems' in .the area and..the consideration- is' rezoning- and not- development. Council Member Millis 'stated he is, concerned regarding' the availability of resources and although this application is only for two lots, it is cumulative. City Attorney Shipsey {ead the title of 'the ordinance. On'mo,tiOD of Council 'Member -Vandeveer',_'se'c6nded by' Council Member Hogan, it was: unanimously voted 'to' dispense'with, further reading of the ordinance. " PUBLIC HEARING ON APPEAL OF PLANNING COMMISSION'S DECISION ON ISSUANCE OF USE PERMIT, CASE NO. 81-327, BRUMMETT, PET AND GIFT SHOP planning DirectOr Hays stated that at their meeting of September 1, 1981, the Planning' Commission approved the use permit for a petcand,. gift shop at 106:.1': Halcyon.Hoad.' At that time, staff indicated that the request did not meet the ordinance requirement for the off-street parking, however, the application was approved. The decision has been appepled on the basis of inadequate parking on thessite. The hearing having been properly published and noticed, Mayor Pope opened .it for public comment. CHUCK LUTHER, 411 Coach Road, represented the applicant and stated that if the use permit is not granted it will devalue the property. He stated that Mrs. Brummett feels that three parking spaces are sufficient for this type of business as customers stay only about 15 minutes. CAROL BRUMMETT, 2132 Laguna Negra, spoke regardiug the application. ROBIN BAGGETT, attorney for the property owner, spoke in favor of the use permit and stated that Council cannot deny all retain uses on the property. MARJORIE CASS, 371 Jaycee Drive, San Luis Obispo, spoke in opposition to the use permit and stated she owns the adjacent property and objects to the the subject property using her parking lot for parking. There being no further comment, the hearing was closed. Council Member Smith stated she appealed the use permit because the property should be required to provide parking as required by the ordinance. She stated that the City should alleviate all parking problems when possible. She proposed that the property owner be required to remove the storage buildings in the rear to provide more parking~spaces. 56 CITY COUNCIL ARROYO GRANDE, CALIFORNIA SEPTEMBER 22, 1981 PAGE FOUR Council Member Millis -stated that the storage builidngs are being used for an electrical business and.that the parking space requirement should be reevaluated. Mayor Pope asked City Attorney Shipsey if this use permit would be considered null and void due to the other business present on the property. Mr. Shipsey stated that a condition may be placed on the use permit that_the other business be removed. Council Member Smith moved to deny the use permit as recommended by the Planning Director. There was no second to the motion. Council Member Vandeveercmoved"toG!,ccept the Planning Commission's decision.af-granting the use permit with the condition that the -use permit-is granted for the Pet and Gift Shope only. Council Member Hogan seconded the motion. The motion was passed with Council Member Smith dissenting. CLOSED SESSION At 9:00 P.M. Council adjourned to a closed session for the purpose of discussing a litigation matter. Council readjourned at 9,:30 P.M. and Mayor Pope stated that the closed session will be continued to the next meeting. ORAL COMMUNICATIONS Council Member 'Millis reminded all council members'that the antique car for the Harvest' Festival Parade will leave Halcyon and-Grand Avenue at 9:30 A'.M. on Saturday.: WRITTEN COMMUNICATIONS Mayor Pope read a letter ,from the Coastal San Luis Resource Conservation District in regards to the deep water well. Ella Honeycutt.. 560 Oakhill Road, requested a response to the letter. ADJOURNMENT On motion of Council Member Millis, 'seconded by Council Member Hogan, i-t was unanimously voted,to adjourn at 9:35 P.M; to a regular adjourned study session on September 29, 1981 at 7:30 P.M. A=' C~~&i#) X~ZJt:L /MAYOR V/' UI u