Minutes 1989-07-11
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MINUTES
MEETING OF THE CITY COUNCIL
TUESDAY, JULY 1l, 1989
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
The City Council met at 7:30 P.M., with Mayor Mark M. Millis
presiding.
FLAG SALUTE AND INVOCATION
Mayor Millis led the Pledge of Allegiance to our Flag, and the
Rev. Robert Banker of Open Door Church of Oceano delivered the
invocation.
ROLL CALL
Present were Mayor Millis and Council Members A. K. "Pete"
Dougall, Gene Moots, Doris Olsen and B'Ann Smith.
ORAL COMMUNICATIONS
None.
6. CONSENT AGENDA
It was moved by Smith/Dougall and the motion passed to approve
Consent Agenda Items 6.a. through 6.g. , 6.i and 6.k. , with the
recommended courses of action.
6.a. proclamation, "Parks and Recreation Month," July, 1989.
6.b. June 13, 1989, city Council Minutes. Approved.
6.c. June 14, 1989, City Council Minutes. Approved.
6.d. June 19, 1989, city Council Minutes. Approved.
6.e. Second Quarter, 1989, Departmental Report. Information.
6.f. June, 1989, Investment Report. Information.
6.g. July 5, 1989, Senior Advisory Commission Minutes.
Information.
6.i. Execution of Security Agreement; Newport Properties; paseo
Street and st. Highway 227. Approved.
6.k. Community Center Maintenance Bids. Awarded to Low Bidder.
With regard to 6.h. Construction of Shallow Paso Robles and
the Deep pismo Test Wells; project No. 60-89-2, Council Member
Olsen requested that city Staff contact the Soils Conservation
Group and the farmers prior to proceeding with this project. Mr.
Christiansen said that would be done.
with regard to 6.j. Acceptance of Public Improvements; Saint
Barnabas; Tract 1513; Trinity Avenue (T.W.R. Investors and Saint
Barnabas Church) , Council Member Olsen expressed concerns about
possible soil erosion before hydroseeding in late October, and
adequate funding on the part of the developer for the hydroseeding.
It was moved by smith/Dougall and the motion passed to approve
Consent Agenda items 6.h. and 6.j., with the recommended courses
of action.
7. REGISTER OF WARRANTS
It was moved by Smith/Olsen and the motion passed to approve
the Cash Disbursements as presented by Finance Director David Bacon
in his July 6, 1989 Staff Report.
8.A. PUBLIC HEARING TO DISCUSS CITY MUNICIPAL CODE SECTION 6-1.44.
IMPOUNDING AND DISPOSITION OF STRAY OR ABANDONED CATS. (PUBLIC
HEARING CONTINUED FROM COUNCIL MEETING OF JUNE 13. 19891
City Manager Chris christiansen referred to his July 7, 1989,
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JULY 11, 1989
memorandum and recommended that the ordinance regulating domestic
animals remain as is, and that the City commence a program to
inform the Community that Lost Animal Hotlines exist. He said a
brochure distributed by the County Animal Control describes how
lost animals may be retrieved and how to call the Lost Animal Hot-
Lines. He suggested that the City could distribute a similar
brochure to Citizens.
After being assured that the Public Hearing had been duly
pUblished and all legal requirements met, Mayor Millis declared the
hearing open and said all persons would be heard regarding the
matter.
When no one came forward to speak, Mayor Millis closed the
hearing to the floor.
After Council discussion, it was moved by Dougall/Olsen and
the motion passed to continue the city ordinance (Municipal Code
Section 6-1. 44) as is, and to pUblicize the procedure for
retrieving lost animals through the County Animal Control system.
8.B. PUBLIC HEARING. TENTATIVE TRACT NO. 16421PD ORDINANCE
AMENDMENT NO. 88-212. AMENDING DEVELOPMENT ORDINANCE NO. 186 C.S.
(PHASE II. RANCHO GRANDE DEVELOPMENT!. ADDENDUM EIR: CREATION OF
83 SINGLE FAMILY RESIDENTIAL LOTS ON APPROXIMATELY 81 ACRES. (PETER
MILLER!
Planning Director Doreen Liberto-Blanck referred to her July
11, 1989, Staff Report and gave a Project Summary, reviewed the
Planning Commissions Hearings, and said the item came to the City
from the Planning Commission without a recommendation.
Received into the record were the following documents:
1. Commentary on Addendum to EIR for Rancho Grande Properties from
Dr. David H. Chipping, Conservation Vice-Chair of the San Luis
Obispo Chapter of the California Native Plant Society.
2. A letter from Sanford M. Skaggs of McCutchen, Doyle, Brown and
Enersen, a firm retained by Ottse Inc. , developers of Rancho
Grande.
3. A Petition to the Arroyo Grande City Council in Opposition to
the Proposed Rancho Grande Phase II from local residents.
4. A Petition to the City Council of the city of Arroyo Grande from
residents of Oak Park Leisure Gardens.
5. From the Environmental Impact Report for Rancho Grande
Properties, Section G. WILDLIFE (1) and a VEGETATION/WILDLIFE
HABITAT map, Source: V. L. Holland, Ph.D. , and Roger D. Gambs,
Ph.D.
6. From the City of Arroyo Grande's General Plan Open Space -
Conservation Element Adopted June 26, 1973, Pages 71 and 72
Wildlife Habitat.
7. The Development Agreement By and Between the City of Arroyo
Grande and Ottse Inc., a California Corporation, Relative to the
Development Known as Rancho Grande.
After being assured that the Public Hearing had been duly
published and all legal requirements met, Mayor Millis declared the
hearing open and said all persons would be hea'rd regarding the
matter.
PETE MILLER, Attorney for ottse Inc., said that representing
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the developers of Rancho Grande at the meeting were APRIL ROSENLUND
and KEITH GURNEE of RRM Design Group, JIM GARING AND MARK BELL of
Garing, Taylor Associates, Inc., and SANFORD SKAGGS of McCutchen,
Doyle, Brown and Enerson Law Firm.
Mr. Garing and Mr. Gurnee presented a history of the Rancho
Grande project. Mr. Gurnee discussed the issues of Density, Oak
Tree Preservation, Grading, Open Space and Development Standards
with regard to the design submitted to the Council.
Mr. Miller praised the submitted design and said ten acres of
parkland had been donated to the city. He said the question is not
whether Phase II will be built, but how the development will occur.
Speaking against the design submitted to the Council for
Rancho Grande Phase II were GARY ELMS of 1105 Grieb Drive, DAVID
CHIPPING of Los Osos, RON RUPPERT of 399 Corbett canyon Road, BILL
DENNEEN of Nipomo, BILL EARLY of 1017 Meadow Way, JANE JOHNSON of
1033 Meadow Way, BRAD SCHRAM of 220 Stagecoach Road, GREG
SOUTHCOTT, 1011 Hodges Road, BARBARA COLESHIRE of 1004 Stevenson
Drive, JUDY SOUTHCOTT of 1011 Hodges Road, PAUL ATKINS of 1001
Hodges Road, ELIZABETH SCOTT GRAHAM of 312 Miller Way, KATHY
GREENELSH of 453 Tanner Lane, CHUCK FUSCO of 1015 Hodges Road,
AUDREY HOWARD of 748 Scenic circle, MCCOY BURGESS of 107 Equestrian
Way and ARCHIE HOWARD of 748 Scenic Circle.
They listed as reasons for protesting the submitted design,
(1) the negative impact on the wildlife habitat, trees and
vegetation, (2) oak trees cannot be easily replaced or readily used
as street trees,. (3) planted trees could use more city water, ( 4 )
there are deficiencies in the Environmental Impact Report and
Addendum, (5) excess drainage into Meadow Creek could cause
flooding on Meadow Way, (6) an overall master plan for the rest of
Rancho Grande should be submitted, (7) houses should be disbursed
on all parcels, (8) designers should consider the minimum amount
of acreage needed to sustain wildlife, (9) homes are too large and
there should be some lower priced homes in the development, (10)
the "country" atmosphere is being changed, and (11) the home
designs should be more compatible with adjacent architecture.
Speaking in favor of the design submitted to the Council for
Rancho Grande Phase II were SCOTT ROSENFIELD of 636 Avenida De
Diamonte, WOODY ARCHER of 781 Avenida De Diamonte, C. E. DRURY of
198 Via Bandolero, KIRBY GORDON of pismo Beach, VIRGIL GLOCHESKI
of 542 Avenida De Diamonte, JIM STRONG of 688 Equestrian Way, DANE
PHILLIPS of l22 Alpine Street, WES CARLSON of 1190 W. Branch
Street, SHAY CUDWORTH of 490 Calle Carmen, BILL HARRAH of 769 Via
De Diamonte, RUDY VELAND, BILL PARK of Via Bandolero, DORIS
PHILLIPS of 399 Spanish Moss and BILL MINTER of Grover city.
They listed as reasons for supporting the submitted design,
(1) the credibility of the developer, (2) the open design balancing
the needs of the property owner and protection of the environment,
(3) more trees and other vegetation could be planted by the
homeowners, (4) the present design is a good compromise and the
number of units greatly reduced from previous plans, (5) the
developer has volunteered to pay Traffic Improvement fees, (6 )
there are large lots and no cluster housing, (7) the wildlife and
the people could co-exist in the development, (8) Rancho Grande
contains fine homes because of its CC&Rs, (9) much of the
vegetation on the land has grown since 1984.
REUBEN KVIDT of 116 vista Drive, developer of Oak Park Acres,
suggested mitigating measures such as streets meandering around
the trees, changing the elevation of streets, eliminating sidewalks
to save trees, use of retaining walls, carefully boxing in trees,
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CITY COUNCIL
JULY 11, 1989
erosion control on steeper slopes, lot lines placed where they come
closer to larger trees, and changing lot sizes in wooded or open
areas.
BILL TIETJE of San Luis Obispo offered the assistance of the
University of California Cooperative Extension Integrated Hardwood
Range Management Program in designing for the proper use and
protection of the oak resources.
There being no further public discussion on the matter, Mayor
Millis closed the hearing to the floor.
Council Members Olsen, Dougall, Moots and Mayor Millis said
the plan should be redesigned. They discussed the issued of
conserving the oak trees; the danger of runoff, erosion and
flooding; the necessity of a masterplan for the entire project; the
mitigating measures suggested by Mr. Kvidt; the setting up of a
committee to work with the developers on a new design, and the need
for open space.
Council Member B'Ann Smith said she basically liked the
submitted design, but a few areas concerning the flora and fauna
should be changed. She moved to continue the item to the last week
in August, 1989, citing that the Addendum EIR does not appear to
be adequate and that the subject site is not physically suitable
for the proposed type of development. She requested the following,
if necessary:
1. The applicant, staff and representatives of the community meet
to discuss possible alteration of the project's design which
further minimizes oak tree removal, and other relevant issues.
2. Staff review the biological reports submitted by Mr. and Mrs.
Elms, consider the testimony presented Tuesday night, and determine
whether additional studies are needed to find the Addendum EIR
adequate. An adequate Addendum EIR should include a comprehensive
section on fauna (animal life) and flora (plant life).
3. More analysis and mitigation measures, if necessary, of erosion
and drainage control in the Addendum EIR.
4. Address other environmental concerns expressed.
She added to her motion that the applicant should return with
a conceptual design of the remaining unplanned areas, and Staff
should provide alternative methods to ensure architectural
compatibility of the project with adjacent architecture (including
Oak Park architecture).
Council Member Moots seconded the motion.
Other Council Members and the Mayor said that the developers
have heard the public comments and should take them into
consideration and resubinit the plan. Council Member Dougall
objected to the time frame in the motion.
After further discussion a roll call vote was taken and voting
aye were Council Members Smith and Dougall. Voting no were Mayor
Millis and Council Members Olsen and Moots. The motion failed.
It was moved by Moots/Olsen to announce Council's intention
to deny the approval and instruct Staff to come back with Findings
at the next meeting for rejecting without prejudice the Planned
Development Rezone, the Development Plan and the Tentative Tract
Map. Council Members Moots, Olsen, smith and Mayor Millis voted
aye, and Council Member Dougall voted no. The motion passed.
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JULY 11, 1989
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B.C. PUBLIC HEARING TO CONSIDER AMENDING INTERIM URGENCY ORDINANCE
NO. 399 C.S.. WHICH PROHIBITS THE ACCEPTANCE AND CONSIDERATION OF
ZONE CHANGES. LAND DIVISIONS. BUILDING PERMITS . ARCHITECTURAL
REVIEW . OPTIONAL DESIGN STANDARDS AND CONDITIONAL USE PERMITS
WITHIN AREA DESIGNATED ON THE GENERAL PLAN FOR MEDIUM-HIGH
RESIDENTIAL (13 DWELLING UNITS PER ACRE) AND/OR AREAS ZONED FOR R-
3 (PURSUANT TO $ECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE) TO
PERMIT CERTAIN EXCEPTIONS
Ms. Liberto-Blanck referred to the July 6, 1989 memorandum of
the City Manager, who recommended that the Council adopt the
Urgency Ordinance amending the Interim Urgency Ordinances 395 and
399 C.S. to allow exceptions. The Planning Director said the new
Urgency Ordinance would allow the issuance of building permits for
single family residences and other uses consistent with the R-1
zone.
After being assured that the public Hearing had been duly
pUblished and all legal requirements met, Mayor Millis declared the
hearing open and said all persons would be heard regarding the
matter.
LOU CABALLERO of Shell Beach said he was representing Coastal
Christian Academy. He said the school has requested a Use Permit
for the Landmark Baptist Church on Farrell Road, and the amendment
would allow the school to submit an application to the city.
JIM MC GILLIS, surveyor for San Luis Engineering, asked how
the ordinance amendment would work.
Ms. Liberto-Blanck said the amendment would apply to uses in
the single family zone, but not permit further lot splits.
It was moved by Moots/Smith (5-0-0, Moots, Smith, Olsen,
Dougall and Millis voting aye) to adopt Urgency Ordinance No. 411
C.S. Amending Interim Urgency Ordinance No. 399 C.S. to Allow the
Issuance of Building Permits for Single Family Residences and Other
Uses Consistent with the R-1 Zone.
8.D. PUBLIC HEARING AMENDING MUNICIPAL CODE SECTION 6-7.01 AND 6-
7.22 RELATING TO INCREASED WATER AND LOPEZ RATES IN THE CITY OF
ARF-OYO GRANDE
After being assured that the Public Hearing had been duly
published and all legal requirements met, Mayor Millis declared the
hearing open and said all persons would be heard regarding the
matter.
JOHN KEEN of 29B N. Elm Street said that during Budget
Sessions the Council had expressed a desire to review water rates
each year so that large increases would not be necessary.
Mayor Millis said that was true and directed Staff to make it
a policy to review the rates annually. Mr. Christiansen said that
would be done.
JERRY SILVER of 114 Rogers Court asked why the rate increase
was necessary. He said he wanted to be sure it was not because of
a shortage of water.
Mr. Christiansen said water rates had not been raised since
1983. Public Works Director Paul Karp said operation and
maintenance costs were going up.
There being no further public discussion on the matter, Mayor
Millis closed the hearing to the floor.
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JULY 11, 1989
Mr. Christiansen read the title of the proposed Ordinance No.
412 C.S. Amending the Arroyo Grande Municipal Code Relating to
Arroyo Grande City Water Rates by Amending Chapter 7 of Title 6,
section 6-7.01 (A) , (B) , (C) and (D) and Relating to Lopez Rates
by Amending Chapter 7 of Title 6, Section 6-7.01 (g) and Section
6-07.22 (a) ( 4 ) , It was moved by smith/Dougall and the motion
passed to dispense with further reading of the ordinance. Mayor
Millis said that constituted the first reading of the ordinance.
9.A. HOOK RAMPS AT CAMINO MERCADO
No Report.
9.B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND
AVENUE/TRAFFIC WAY AND WESLEY STREET
No Report.
9.C. PROPOSED POLICE FACILITY EXPANSION
Mr. Christiansen said the architect would be at the next
meeting to give input and answer questions.
10.A. OAK PARK ACRES OPEN SPACE (35-ACRE GREENBELT PARCEL)
Mr. Christiansen referred to his memorandum of July 7, 1989,
and said the City Council's subcommittee recommends acceptance of
the 35-acres, which are to remain in Open Space.
Mr. Kvidt said he would agree to donate the land to the City
as long as it would remain in open space.
Mayor Millis said cleaning and maintenance would be necessary
but it is the City's intention to keep the land in perpetual open
space. He thanked Mr. Kvidt for the donation of the land to the
City.
city Attorney judy Skousen said there could be a deed
restriction concerning the open space.
It was moved by Dougall/Olsen and the motion passed to accept
the property with a deed restriction saying the land would be in
perpetual open space.
11.A. APPOINTMENT OF ROBERT CARR TO THE PLANNING COMMISSION: TERM
EXPIRES JUNE 30. 1990 (FILLING UNEXPIRED TERM OF FORMER PLANNING
COMMISSIONER CHARLES SCOTT)
Mayor Millis nominated Bob Carr to a term on the Planning
Commission expiring June 30, 1990. Council Members voted aye.
RESOLUTION CONGRATULATING THE CITY OF MORRO BAY ON ITS 25TH
ANNIVERSARY
It was moved by Olsen/Moots (5-0-0, Olsen, Moots, Dougall,
Smith and Millis voting aye) to approve Resolution No. 2326
Congratulating the City of Morro Bay on the 25th Anniversary of Its
Incorporation.
REOUEST BY SANFORD EDWARD. REPRESENTING PULTE HOME CORPORATION. FOR
ANNEXATION OF SOME 72 ACRES: AREA BORDERING THE NORTHEASTERLY CITY
LIMITS LYING ON STAGECOACH ROAD
Mr. Christiansen referred to his memorandum of July 7, 1989,
and said that in keeping with the City's policy of "no major
annexations," Staff recommends denial.
DAN LLOYD of Engineering Development Associates said he was
representing Pulte Home Corporation and spoke in favor of the CITY
annexation. He listed reasons for the annexation as being:
1. The city would have control of development of the land.
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2.. Tax benefits to the City.
3. Traffic Impact fees to the City.
4. Drainage and siltation impacts could be mitigated.
5. The property would provide a transitional area between the City
and County.
6. Pulte Homes are of high quality.
7. An alternate source of water would be provided to the City.
After Council discussion, it was moved by Olsen/Moots and the
motion passed to deny the application for annexation on the basis
of the lack of City water and other City services in general.
11.D. ANNUAL RATIFICATION OF AREA COUNCIL JOINT POWERS AGREEMENT
Withdrawn from the Agenda.
WRITTEN COMMUNICATIONS
None.
ORAL COMMUNICATIONS
None.
ADJOURNMENT
The Council adjourned at 11:45 P.M.
MAYOR
ATTEST:
CITY CLERK