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Minutes 1987-12-08 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESOAY, DECEMBER 8, 1987 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met in regular session with Mayor Howard Mankins presiding. Also present were Council Members Dorace Johnson, Mark M. Millis, Gene Moots and D. G. Porter. FLAG SALUTE AND INVOCATION Mayor Mankins led the Pledge of Allegiance to our Flag, and Council Member Johnson delivered the invocation. EAGLES FOOTBALL DAY Mayor Mankins read a proclamation honoring the 1987 Arroyo Grande High School Football Team for advancing to the CIF Northwestern Conference Final Championships. Accepting the plaque were high school Athletic Director Norry Eben and Principal Douglas Hitchen. PUBLIC APPEARANCES BRIAN ALHANDY of Arroyo Grande spoke to the Council about a "1 and trade contract" between the City and County. He asked about uses of the property in question, and why the contract was not on this meeting's agenda. He gave copies to Council Members. MIKE ZIMMERMAN of 227 E. Branch Street said the matter of the firing of the City Manager had been poorly handled, and a loss to the City. CONSENT AGENDA Moved by Johnson/Millis (5-0-0) to approve Consent Agenda Items No.C.1. through 8. and 10., with the recommended courses of action. 1. Proclamation, "Drunk and Dru9ged Driving Awareness Week." Proclaimed. 2. November 10, 1987, City Council Minutes. Approved. 3. November 11, 1987, City Council Minutes. Approved. 4. November, 1987, Investment Report. Information. 5. Information from Chief Hamp Regarding Transportation of Hazardous Materials Through Arroyo Grande. 6. Air Pollution Control Burning Regulations. Information. 7. Community Building Patching and Painting Final Payment. Payment Approved. C.C.FILE 9-3-2 8. Contract with Planning Network to Prepare Focused Environmental Impact Report on Terranomics Project. Approved. 10. Report on the Study of the Arroyo Grande Police Department by Peace Officer Standards and Trainin9. Information. C.9. City Hall Christmas Decorations Moved by Porter/Millis (5-0-0) to direct acting City Manager Jim Clark to send a thank you letter on behalf of the City Council to William Calder of Calder Electric, who in the spirit of the season and community involvement, offered to upgrade the City Hall Christmas decorations at no cost to the City. -----------""------- C!TY COUNC I L DECEMBER 8, 1987 ARROYO GRANDE, CALIFORNIA PAGE TWO Public Hearings PROPOSED ZONE CHANGE FROM "R-3", MULTIPLE FAMILY RESIDENTIAL DISTRICT, TO "P-M" , PLANNED INDUSTRIAL DISTRICT, AT 201 BRISCO ROAD, (RICHARD AND NADINE RAY) C.C.FILE 6-3-85 Planning Director Doreen Liberto-Blanck referred to her memo of December 3, 1987. She gave background on the matter, and recommended that, if the Council approves the zone change, it should make the following findings: 1. The proposed zone change is clearly consistent with the General Plan designation of Heavy Commercial/Light Industrial, as recently adopted by the City Council. 2. The subject site is adequate in size and shape to accommodate the reasonable requirements of the requested zone. 3. The proposed zone change is reasonable and beneficial at this time because it would be a logical zone change in light of existing uses and zoning in the surrounding area. 4. The proposed zone change would not adversely affect the surrounding properties. After Council questions of Staff, Mayor Mankins opened the Public Hearing. STEPHEN COOL, attorney for the applicants, spoke in favor of the re-zoning to the Planned Industrial District. JANE SCHILLING of 185 Brisco Road and KATHERINE SILVA of 187 Brisco Road questioned the re-zoning and had concerns about uses in the "P-M" Di stri ct. Mr. Cool suggested that the Council may wish to restrict the uses in the "P-M" District, and the Mayor directed Ms. Liberto-Blanck to include the idea in the upcoming "Neighborhood Hearings." The Mayor closed the hearing to the floor. After Council discussion and the reading of the title of the proposed ordinance by the Mayor, it was moved by Moots/Johnson (5-0-0, Moots, Johnson, Porter, Millis and Mankins voting aye) to approve an ordinance Amending the Zoning Map by Modifying the Zone Designation on Certain Property, Identified as 201 Brisco Road, from "R-3" (Multiple Family Residential) District to "P-M" (Planned Industrial) District, with the recommended findings, the filing of a Negative Declaration and a Notice of Determination. (First Reading) PUBLIC HEARING TO CONSIDER EXTENDING FOR 10 MONTHS AND 15 DAYS THE CITY'S INTERIM URGENCY ORDINANCE PROHIBITING APPROVAL OR PERMITS OF OTHER AUTHORIZATIONS ALLOWING AN INCREASE IN HEIGHT OF EXISTING RESIDENCES, OR NEW RESIDENCES WITH A HEIGHT EXCEEDING 15 FEET IN R-1 Zones Ms. Liberto-Blanck referred to her memo on this matter to the City Council. She gave background on the Urgency Ordinance, explained the extension and recommended that the Council adopt an Urgency Ordinance extending Ordinance No. 364 C.S., which prohibits residential height increases in R-1 zones, and amends Section 2 of said Ordinance to reduce the areas affected. There was Council discussion of zoning areas to be covered and the need to get the actual ordinance written as soon as possible. Mayor Mankins opened the Public Hearing. Speaking in favor of the Urgency Ordinance extension were HELEN DOSEY of 1371 Newport and RICHARD BROCKWAY of 1303 Newport. JOHN KEAN of 298 N. Elm and BILL MCCANN of 575 Crown Hill asked that the Ordinance be extended to other districts besides "R-1." Mr. McCann asked that the next agenda include a discussion of this. MR. ALHANDY said the rights of home builders should be considered so they can make the highest and best use of their property. CITY COUNCIL DECEMBER 8, 1987 ARROYO GRANDE, CALIFORNIA PAGE THREE HEIGHT OROINANCE Continued from Page 2 The Mayor closed the Public portion of the Hearing. City Attorney Art Shaw said the ordinance time limit would be 10 months and 15 days. He read the ordinance in its entirety. On motion of Moots/Johnson (5-0-0, Moots, Johnson, Millis, Porter and Mankins voting aye) to adopt Ordinance No. 365 C.S., An Urgency Ordinance Extending Ordinance No. 364 C.S. Which Prohibits Residential Height Increases in R-1 Zones. There was discussion of extending the height requirements to cover other lones. Mayor Mankins directed that this be put on the December 22, 1987, agenda. RE UEST FOR WAIVER OF VARIANCE PROCESS REGARDING HEIGHT LIMITATION FOR RESIOENTIAL STRUCTURES IN THE R-1 ZONE 1585 HILLCREST DRIVE LEONARD BERRY Ms. Liberto-B anck gave bac ground on this matter. LEONARD BERRY of 226 Castaic Ave., Shell Beach, asked for a variance from the Urgency Height Ordinance on the basis of financial hardship. He said he had already modified his house height, but due to the steepness of the lot, the house would not meet the ordinance requirement. He referred to his letter to the Council of November 30, 1987, and presented to the Council a map and petitions, approving his house design, signed by neighbors in the area. MRS. FRED STEELE of 1598 Hillcrest asked that the variance go before the Planning Commission. MRS. HELEN STURGESS of Shell Beach asked that the Council approve Mr. Berry's variance. VALERIE BENNETT, another owner of the property in question, said they were only trying to make the property buildable. There was Council discussion, and the consensus was that the matter should go to the Planning Commission for review. Moved by Moots/Johnson (5-0-0, Moots, Johnson, Millis, Porter and Mankins voting aye) to deny the request for the variance and send the matter to the Planning Commission as soon as possible. Moved by Moots/Johnson (5-0-0) to waive the $100.00 variance fee charged by the Planning Commission because of the exceptional circumstances. Mrs. Liberto-Blanck said the first Planning Commission meeting agenda at which Mr. Berry's project could be discussed would be January 5, 19B7. MR. STEELE of 1598 Hillcrest said this hardship to Mr. Berry was caused by the City. Mr. Shaw said that correct procedures had been followed. TRAFFIC SAFETY GRANT Police Chief Jim Clark referred to his memo of December 4, 1987, stating that the City's grant request for funding a Traffic Officer was not approved by the California Office of Traffic Safety due to Arroyo Grande's lower accident rate compared to other cities. Chief Clark said that the City budget does not contain monies at this time for funding a Traffic Officer. PUBLIC SAFETY REQUEST Chief Clark referred to his memo of December 4, 1987, and requested that the City Council consider a change in policy that would allow the officer assigned to the K-9 unit to have the availability of the K-9 police vehicle at all times to respond, when needed, and to limit the additional trips to and from work. Moved by Moots/Johnson (5-0-0) to approve Chief Clark's request. CITY COUNCIL OECEMBER 8, 1987 ARROYO GRANDE, CALIFORNIA PAGE FOUR SECOND READING OF ORDINANCE AMENDING TITLE 9, CHAPTER 4, OF THE ZONING ORDINANCE AND ADOPTING A NEW ARTICLE 36, ENTITLED "FLOOD DAMAGE PREVENTION DISTRICT OR FLOOD HAZARD (F-H) DISTRICT" Mr. Karp read the title of the Ordinance, and it was moved by Porter/Johnson (5-0-0) to dispense with reading the entire ordinance. Moved by Porter/Johnson (5-0-0, Porter, Johnson, Millis, Moots and Mankins voting aye) to adopt Ordinance No. 366 C.S. Amending Title 9, Chapter 4, of the Zoning Ordinance, Deleting Article 36, and Adopting a New Article 36 Entitled "Flood Damage Prevention District or Flood Hazard (F-H) District." CAL TRANS REVIEW OF BARTON-ASCHMAN REPORT PREPARED FOR TERRANOMICS C.C.FILE 6-14-66 Public Works Director Paul Karp referred to his memo of December 1, 1987, and said it should be considered by the City Council and referred to Staff to be included within the appropriate planning process. He showed on a map on the wall the phases discussed by Caltrans. Council Members Millis and Porter said they did not object to sending the Caltrans report for review, but that they did not endorse all the suggestions. Moved by Moots/Johnson (5-0-0) to send the Caltrans report, including the map, the November 20, 1987 letter from Caltrans, and Mr. Karp's cover letter, to the Planning Department for environmental review. REVIEW AND APPROVAL OF COOPERATIVE AGREEMENT-CONSTRUCTION OF THE OAK PARK INTERCHANGE Mr. Karp referred to his memo of December 2, 1987. He recommended that the Council review and approve the cooperative agreement with Grover City and Pismo Beach for construction of the Oak Park Interchange. He said that the three cities had met since the memo was written and deletions were made from the agreement. He said he had given to the Council copies of the agreement showing the deletions. He showed the proposed improvements of the intersection and ramps on the easel. Mr. Karp said the agreement proposes that the three cities provide about $920,000.00 from their FAU Funds for the project and the remaining balance would come from the State. There were Council questions, and it was moved by Moots/Johnson (5- 0-0, Moots, Johnson, Porter, Millis and Mankins voting aye) to approve the Memorandum of Agreement regarding the Oak Park Boulevard Freeway Interchange, and send the agreement on to Pismo Beach for signing. COOPERATIVE PROJECT WITH THE CEMETERY DISTRICT Mr. Karp referred to his memo of December 1, 1987, and said that no Council action is needed unless it wishes to halt the progress of this budgeted item. No Council action was taken. UTILITY CONSTRUCTION, TRACT 1390, ROYAL OAKS DEVELOPMENT C.C.FILE 6-14-105 Mr. Karp referred to a letter he had written to Bill Lackey, developer of Royal Oaks Estates, and to a City Attorney memo of December 8, 1987, recommending that sufficient bonding be required to assure completion of the already dedicated major rights-of-way such as West Branch Street and James Way. BILL LACKEY of 575 Easy Street said he had no objections to posting the bonds of completion of West Branch Street and James Way even though they are not required by the Subdivision Map Act until the final map is recorded. After Council questions of Staff, on motion of Moots/Johnson (5-0-0), Council agreed to Mr. Lackey's request to proceed with construction of the utilities in the subdivision, subject to Mr. Shaw's condition that Mr. Lackey provide bonding for the completion of James Way and West Branch Street. ._~------,_...._----- -------- CITY COUNCIL DECEMBER 8, 1987 ARROYO GRANDE, CALIFORNIA PAGE FIVE STANDARDIZED CONFLICT OF INTEREST CODE City Clerk Nancy Davis referred to her memo of December 2, 1987, and recommended that the Council adopt a Standardized Conflict of Interest Code for the City of Arroyo Grande, updating the list of Designated Employees required to file Conflict of Interest Statements, and repealing Resolution No. 1302. After Council discussion, it was moved by Moots/Johnson (5-0-0, Moots, Johnson, Millis, Porter and Mankins voting aye) to approve Mrs. Davis' recommendation. STRAWBERRY FESTIVAL Council Members decided to hold a Study Session with the Strawberry Festival Committee at 3:30 P.M. Wednesday, December 16, 1987, in the Council Chambers. STAFF ASSIGNMENT Mayor Mankins referred to his December 3, 1987, letter to the Council requesting Policy and Procedure Reports from the Staff. Moved by Moots/Porter (5-0-0) to approve the Mayor's request. ADJOURNMENT TO CLOSED SESSION The Council adjourned to a Closed Session on Personnel at 9:35 P.M. TEMPORARY ADJOURNMENT OF CLOSED SESSION The Council temporarily adjourned the Closed Session at 10:50 P.M. to a Continued Closed Session at 3:30 P.M. Friday, December 11, 1987. MAYOR ATTEST: CITY CLERK