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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. U'" I ' I i I ~ 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. u 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 i : c I I Ii ~, 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. - . ,- 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 '- On motion ~t Caunell Membe~ vande~~er~ se~onded Hogan, and on the 'following roll call vote;'to wit: by Council Member " AYES: NOES: !i"BSENT: Council Members Hogan , and Vandeveer, Mayor Pope' Council Members Sm1th and Millis None I , ' the foregoing Ordinance was passed and 'adopted 'th{s 13th day of October, 1981. " 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~ . .. - ,. . . _'. . . l_ 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. -. ~..,-. ", ' . 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. u 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. u , 61 . CITY COUNCIL ARROYO GRANDE, CALIFORNIA OCTOBER '13, 1981 PAGE FOUR c 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. 1) I: 2) On it as 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. 62 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. . , u 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. u 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. r I, 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. A=", d~~-i2 DEPUTY TY 'CLERK . ,