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HomeMy WebLinkAboutMinutes 1992-10-2750 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 27, 1992 CITY COUNCIL CHAMBERSOE21CALIFORNIANCH STREET The city Council of the City of Arroyo Grande met at 7:30 P.M.,.with Mayor Mark M. Millis presiding. i 2 FLAG SALUTE AND TxVOCATION and the Mayor Millis led the Pledge of Allegiance to our Flag, Rev. Ehrhardt Lang of First United Methodist Church delivered the invocation. 3 ROLT' Present were Mayor Millis and Council Members A. K. "Pete' Dougall, Matthew P. "Pete" Gallagher and B'Ann Smith. Council Member Gene Moots was absent. Staff Members present were City Manager Director. er Chris Christiansen, City Attorney Judy Skousen, City Clerk (J NancDavis, Planning Director Van Laurn and Chiefof Police Rick TerBorch,public Works 5- CONSENT AGENDA the motion passed It was moved by Dougall/Gallagher, and unanimously to approve Consent Agenda Items S.A. through 5.J., with the recommended courses of action. 5.A. October 13, 1992, City Council Minutes. Approved. 5.B. July 1, August 5, September 7, and October 7, 1992, Senior Advisory Commission Minutes. Information. 5.C. Third Quarter, 1992, Departmental Monthly Reports. Information. S.D. Liability Claim, Kat E. Tilley. Claim Rejected. 5.E. Award of Bid for Small Tools; Parks Department; 1992-93 Budgeted Items. Low Bid Awarded. 5.F. Award of Bid for Police Vehicles (2); Police Department; 1992- 93 Budgeted Items. Low Bid Awarded. S.G. Award of Bid for Photocopier; Police Department; 1992-93 Budgeted Item. Low Bid Awarded. Treatm nt Facility;eConstructionnt #4 for l Project No.60-92-2. Approved and Authorized• S.I. Annual Arroyo Valley Car Club Show, Saturday, July 31, 1993. Approved. 5.J. Approval of Parcel Map AG 091-083; Walnut Street; Minter. Approved. r ¢s REGISTER OF CHECKS It was moved by Dougall/Smith, and the motion passed unanimously to approve cash disbursements in the amount of $618,223.54, as listed in the October 22, 1992, Staff Report of Finance Director David Bacon. The Planning Director said on October 6, 1992, the Planning Commission recommended that the City Council make the following amendments to the Development Code: 1 51 CITY COUNCIL MINUTES OCTOBER 27, 1992 1. Amend Section 9-03.050 (b) (2), combining Professional Office with Retail Commercial. Currently, a conditional use permit might be required for a use going from a professional office to a retail use. Staff consideredand mostcreaintense separate$retal uses" category (based on traffic and so forth), for Convenience Store/Banks/Savings & Loans. 2. Amend Section 9-03.120 (5) to permit staff to grant a minor exception for parking space size up to 2 feet. 3. Add Section 9-03.120 (6), which allows the Planning Commission to make interpretations of other minor exception items which are not specifically stated. Attachment "A" of the Resolution underlines the new language. The Resolution contains the necessary findings in the affirmative. There were Council questions of Staff with regard to the proposed ordinance expediting projects through the planning process and parking. After being assured that the Public Hearing had been duly noticed and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the the Mayor closed the matter. When no one came forward to speak, Y Hearing to the floor. Mr. Christiansen read the title of the Ordinance of the City Council of the City of Arroyo Grande Adopting a Negative Declaration, 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. 92-225). It was moved by Smith/Dougall, and unanimously approved to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance. � �,fl +1AtmF�N M RE7LLY TO TILE PLANNINr �OMMTSSION;_ TERM . „yr.tnz+c .TrtNE 30 . 1994. Mayor Millis nominated Maureen M. Reilly of 333 Miller Way to the Planning Commission, and the Council approved. Ms. Reilly's term will expire June 30, 1994. 8. a o 1992-9 3 ANNUAL TRANSPORT ORTATTON FttreD CLAI It was moved by Smith/Gallagher (4 0 i, Smith, Gallagher, Dougall and Millis voting aye, Moots absent) to approve Resolution No. 2954 Approving the 1992-1993 Annual Local Transportation Fund Claims to the San Luis Obispo Area Coordinating Council. ATE -LOCAL 8.C.APPROV a,•n�cuvum FnR REIMBURSEMENT OF ST pAttThIt wa PR moved (OVERDoug Dou all Smith, It was moved by Dougall/Smith (4-0-1, Doug all, and Millis voting aye, Moots absent) to approve Resolution 5Authorizing Execution of ter Agreement No9SLTPP-5199AlaY Along With Program Supplement No.00lsfor State -Local Partnership Program. REOUES� „r our RFT ASKEILAND 101 RrDGEVTEW WAY. REr.ARnTMr NEW CO` TR TIOh AhD DRAINAGE ADJACENT TO SUBJECT PROPERTY Mr. Christiansen referred to the Public Works Director Van Laurn's October 22, 1992, Staff Report that stated the position of the City with regard to drainage on the property owned by Margaret Askeland, 101 Ridgeview Way. Mr. Laurn wrote, "At the present time, all runoff generated by roof surfaces and pavement as well as Cmost7%U,rface''rtirioff from property uphill of the Chadwell property "is Mdirected, via pipe to Way. The property should receive r Ask land veand more* w d probably less, water now ethan 2 52 CITY COUNCIL MINUTES OCTOBER 27, 1992 it did prior to the Chadwell developmnt.our onland Mr.concern Chadwell is the disturbance of grasses on the highlyerosive is attempting to reestablish this cover." MS. ASKELAND asked the Council for resolution to the drainage problem that she said was caused by developer Ed Chadwell Ve ring construction on the hillside ng next d phut gYaPhsolabelednExhibit "A" Council a map of the property through "D." She said Mr. Chadwell'sprop prorty. She referred tothe grading and now drains onto her northeast corner of her property prop damaged and incorrectly placed fencing. she visited the property on the day Council Member Smith said land above the Askeland property had of the meeting and that the been seeded, but that none of the seeds were sprouting. She questioned Staff about the pipe that will carry runoff to Ridgeview Way, the construction bond, the extensive grading done by Mr. Chadwell, and the City's responsibility to make sure all mitigating measures are met before finalizing a project. She said retaining s been a walls nay be needed at the bottom of a hill when tproachre ing rainy lot of grading. She expressed concern about the app season and said more comprehensive landscaping such as sod instead of.seeding may be needed in these cases. Council Member Gallagher asked Staff if the elevation said of tit property had been changed by the grading. r. Laurnappeared to him that it was not changed. Council Member Galltect gher asked if mitigation meat,res and those measurestshould be more the neighbors on this project, nd if strict. Mr. Laurn said when he first saw the project in January or February there had been extensive erosion and it didn't appear that strict enough mitigation measures had been taken. Council Member Smith asked about outs tdh Mremor. al o said that the on basin above the Askeland property, approved the removal of the basin, which was a Public Planning Commission Works-pplace. Hed mitigation measure approved by the Ms. Askeland requested removal of the basin. Mr. Laurn said he was satisfied that the typography of the land above the Askeland property had not been significantl operty. e said chanthe ged so as to adversely fect to h veeAskeland b been changedrsubstantially, but the Flores property appears water there is directed to Ridgeview Way, not toward the has been Askeland property. He said he was concerned about the land that ha seeded and said it is a potential Council Members Smith and Gallagher directed the Planning Staff to evaluate the mitigation measures on the Chadwell development and, if necessary, formulate additional mitigation measures to prevent erosions problems from occurring in the future where there is uphill development and existing downhill dwelling Member Smith said units. Council id since the City cannot do much to hould the Askeland help Mrs. Askeland at this time, property and help as much as possible if there areitor erosion problems in the rainy season. Council Member Dougall expressed concerns about the shall dition of approval on the property that said that the applicant provide a drainage and grading plan with appropriate site ponding. He asked if that was the pond that had been removed, and Mr. Laurn explained that part of the detention said yes. Mr. Christiansen basin was to have a pipe constructed ed from thand then water is Ridgeview Way. He said that pipeis carried directly out to Ridgeview. 3 53 CITY COUNCIL MINUTES OCTOBER 27, 1992 ED CHADWELL of 535 Mehlschau Road, developer of the property above the Askeland property, referred to his letter to the Council e had dated October 23, 1992. He said when h ob. Hehe isa dlt l he put in adgeview Way hfence full-time City inspectors o j Askeland. He said he Ms. and paved a driveway as requested by it. He said he should cleaned up the avocado orchard by scraping have mowed it, but he had seeded the land and is irrigating it. He nd l still look out for said he has been cooperative ant MsilAskeland to feel abandoned. project. He said he did not Ms. Askeland disputed Mr. Chadwell's statements. Council Member Dougall said all the City can do now is be sympathetic and stay on top of the problem to see that Ms.. Askeland is protected in whatever manner will be safe for her. �- roved SUSAN FLORES of 710 White Court She said when thewas rains came without everything being completed. up the mess. She she had to have private people come in and clfix d. She said she said she spent $25,000 to have the property had the Contractors Board on her side and didn't need to resolve things with the Council. 10, NTCATTOI� Council Member Smith Bo levarhe closure of the old d and uestioned tHighway 101 intersection. southbound ramp at Oak Park should stay open, but Mayor Millis said he believed the ramp Caltrans insisted on its closure. rLDazD SE0=. on the unanimously approved motion of Dougall/Smith, the Council adjourned at 8:32 P.M. to a closed session, pursuant to Government Code Section 54956.9(b)(1). 12, ADJOVERE T_ The Council reconvened P.M. smith/Gallagher. diay adjourned, on.the unanimously approved motion JV M. MI , OR ATTEST: NANCY A. VIS, CITY CLERK