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HomeMy WebLinkAboutMinutes 1992-12-2266 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 22, 1992 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council of the City of Arroyo Grande met at 7:30 P.M., with Mayor Matthew Peter Gallagher, III presiding. 1. & 2. FLAG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flag, and the Rev. Paul Bautts of Bethel Baptist Church delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy, Bernard Burke, Gene Moots and James Souza. Staff Members present were City Manager Chris Christiansen, City Attorney Judy Skousen, City Clerk Nancy Davis and Current Planner Scott Spierling. 4. ORAL COMMUNICATIONS The Rev. Bautts commended the City for its stance on keeping the Nativity Scene in the Traffic Way Park. He said the City's position is sensible and showed courage. 5. PRESENTATION OF PLAQUE OF APPRECIATION TO BERNARD BURKE, FORMER SENIOR ADVISORY COMMISSIONER Mayor Gallagher thanked Council Member Burke for his work on the Senior Advisory Commission and welcomed him to the City Council. Council Member Burke thanked the Council for the opportunity to serve. 6. CONSENT AGENDA It was moved by Burke/Moots, and the motion passed unanimously to approve Consent Agenda Items 6.A. through 6.F., with the recommended courses of action. 6.A. November 24, 1992, City Council Minutes. Approved. 6.B. December 1, 1992, City Council Minutes. Approved. 6.C. December 8, 1992, City Council Minutes. Approved. 6.D. Request of Village Improvement Association for Easter in the Village, April 3, 1993; and the Annual Strawberry Festival, May 29 and 30, 1993. Approved. 6.E. Public Informational Sign at E1 Camino Real at U.S. 101, as Requested by Arroyo Grande Village Improvement Association. Information. 6.F. Parks and Recreation Commission Request for Procedure and Charges for Inspection of City Files. Staff Recommendation Approved. 7. REGISTER OF CHECKS It was moved by Moots/Brandy, and the motion passed J unanimously to approve cash disbursements in the amount of $751,137.61, as listed in the December 16, 1992, Staff Report of Finance Director David Bacon. RUSSELL HEPP•. Current Planner`•Spierling referred to the Planning Director's memorandum of, December 22, 1992, and said the Planning Commission 1 6'i CITY COUNCIL MINUTES DECEMBER 22, 1992 recommended that the City Council (1) Adopt the resolution approving Lot Line Adjustment Case No. 92-504 with the findings and subject to the conditions contained in the resolution, and (2) Approve by minute motion the revised phasing plan with the conditions of approval contained in the Staff report. Mr. Spierling referred to the Exhibit "A" Lot Line Adjustment diagram and the Schematic Phasing Plan posted on the wall and explained the proposals. Council Members asked questions, including one about an oil and water separator for drainage flowing into Meadow Creek. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the hearing open and said all persons would be heard regarding the matter. RUSSELL SHEPPEL, applicant, said the lot line adjustment would allow him to develop his own property. He requested that he be held responsible only for the drainage on his property. The cost and design of an oil/water separator was discussed extensively by Mr. Sheppel, City Staff and the Council. BOB TEETERS of 692 Via Vaquero said the cost would be $500 to $800 at the maximum. Dr. Sheppel said putting in an oil/water separator would be the right thing to do. There being no further discussion on the matter, Mayor Gallagher closed the hearing to the floor. It was moved by Burke/Moots (5-0-0, Burke, Moots, Brandy, Souza and Gallagher voting aye) to approve Resolution No. 2962 Approving Lot Line Adjustment Case No. 92-504 Located at 1197 James Way Applied for by Russ Sheppel. It was moved by Moots/Souza, and the motion passed unanimously to approve the Revised Phasing Plan with the conditions of approval contained in the December 22, 1992, Planning Staff Report, including the amended Planning Department Condition No. 12, which reads follows: 1112. All drainage improvements, including oil separators, must be constructed during phase 1 of the project. Oil separators shall be periodically inspected and naintained and cleaned and the debris recycled at the local environmental waystation.° B.B. PUBLIC HEARING - DEVELOPMENT CODE REZONE CASE NO, 92-224: AMENDMENT TO THE DEVELOPMENT CODE, SECTION 9-04.130, TO ALLOW COMMON SEWER LINES IN AIR SPACE CONDOMINIUM CONVERSIONS OF TWO STORIES, AND TO ALLOW COMMON WATER METERS IN CONDOMINIUM CONVERSIONS UNDER SPECIFIED CONDITIONS: CITYWIDE: WASSILY VON DISKUPSKY Current Planner Spierling referred to the Planning Director's December 22, 1992, memorandum and said the project came to the Council without a Planning Commission recommendation. He said the Council had three alternatives: 1. Adopt the resolution denying Development Code Rezone Case No. 92-224; 2. Adopt the ordinance approving Development Code Rezone Case No. 92-224; or `3:'Provide direction to staff for amendments to the proposed Development Code Rezone that would allow the Council to consider approval of the proposed amendments. 68 CITY COUNCIL MINUTES DECEMBER 22, 1992 Mr. Spierling also referred to an Arroyo Grande Staff survey of Cities with or without requirements for provision of separate sewer laterals for individual units, and recommendations. He said the other Cities' recommendations varied from not permitting the conversion if separate utilities weren't provided, to allowing it with conditions of approval requiring installation of the backwater device, along with periodic maintenance provided for in the C.C. & Rs., placing full responsibility in the owners' hands, if stoppage should occur. Council Members asked questions regarding the history of conversions in the City, the implications on low-cost housing in the City and potential health hazards. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the hearing open and said all persons would be heard regarding the matter. WASSILY VON BISKUPSKY of Santa Barbara, applicant, said he built 28 apartment units on Fair O¢ks in 1978. He said he was asking for an amendment to the Development Code to allow common sewer lines in air space condominium conversions of two stories, and common water meters in condominium conversions under specified conditions. He said separate sewer lines would be impossible for him to install, but that he was not worried about stoppages because there would be yearly maintenance of the lines. He said the purposes of the request for conversions were: 1. The economic advantages to the bgyer and owner/convertor. 2. Low cost ownership. 3. Tax advantages. 4. Low-cost housing addressed along Yith low interest rates. There being no further public discussion of the matter, Mayor Gallagher closed the hearing to the floor. Mayor Gallagher and Council Member Burke said they were concerned about health factors with possible sewer stoppages. Council Members Souza and Brandy sai4 they felt all concerns had been answered. Council Member Moots asked about bringing the apartments up to fire and other standards for condominiums. Mr. Von Biskupsky said he would have to do so if he is allowed to convert. Council Member Brandy recommesded introducing the draft ordinance for a first reading. Mr. Christiansen read the title of the draft ordinance, "An Ordinance of the City Council of the City of Arroyo Grande adopting a Negative geclaration, Amending Chapter 9 of the Municipal Code (Amendment to the Development Code) and Instructing the City Clerk to File a Notice of Determination (Rezone Case No. 92-224)." It was moled by Moots/Brandy, and the motion passed unanimously to dispense with further reading of the draft ordinance. Mayor Gallagher sai4 that constituted the first reading of the draft ordinance. City Attorney Skousen said that either the draft ordinance approving the Development Code change, or a resolution denying the change cou4d be discussed and approved at the Council meeting of January 12, 1993. 3 • • CITY COUNCIL MINUTES DECEMBER 22, 1992 9.A, COUNCIL APPOINTMENT LIST Mayor Gallagher read the City Council Appointments List, as follows: South County Area Transit (SCAT) - Moots, primary; Christiansen, alternate. Council of Governments - Moots, primary; Burke, alternate. Countywide Mayors' Selection Committee - Gallagher, primary; Moots, alternate. South SLO County Sanitation District - Gallagher, primary; Souza, alternate. Solid Waste Task Force Committee - Burke, primary; Liberto-Blanck, alternate. Zone 3 Water Advisory Board - Brandy, primary; Laurn, alternate. County Water Advisory Board - Brandy, primary; Laurn, alternate. Underground Utility Committee - Souza, primary; Burke, alternate. Special Committees delegates include: Agricultural Program - Souza, primary; Liberto-Blanck, alternate. Rubbish Rate Increase - Moots, primary; Christiansen, alternate. Mobile Home Rent Review Board - Souza, primary; Christiansen, alternate. 9.B. BRUSH POPPERS' PROPERTY (LOCATED IN COUNTY) (CITY OWNED) Mr. Christiansen said San Luis Obispo County Planning Department has contacted the City regarding the zoning of the City property used by the Brush Poppers, as part of the updating of the County's General Plan for the South County. He recommended that the City not commit changing the zoning of the property until the Staff has time to meet with County Staff to discuss the matter. The Council agreed to the recommendation. 9 C RESOLUTION EXEMPTING THP CITY FROM MANDATES OF ST&TAw REG RDING XERISCAPINI It was moved by Moots/Souza (5-0-0, Moots, Souza, Burke, Brandy and Gallagher voting aye) to approve Resolution No. 2963 Making Findings that the State of California Model Efficient Landscape Ordinance Is Unnecessary in Arroyo Grande. None. 12. CLOSED SESSION It was moved by Moots/Souza, and the motion passed unanimously to adjourn at 8:55 P.M. to a Closed Session pursuant to Government Code Section 54956.9(a), Earl Pueschel v. City of Arroyo Grande, Worker's Compensation, pending litigation. It was moved b-y Moots/Souza, and the motion passed unanimously to adjourn the meeting at 9:20 P.M. to Thursday, January 7, 1993, 7:00 P.M., Arroyo Grande Community Center, for the Public Hearing 4 70 CITY COUNCIL MINUTES DECEMBER 22, 1992 on the Rancho Grande Park Expanded Initial Study and Mitigated Negative Declaration. ATTEST: NANCY A. MATTHEW PETER VIS, CITY CLERK