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Minutes 1988-12-13 " . - MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 13, 1988 COUNCIL CHAMBERS, 214 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The city Council met in regular session 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 the Open Door Church, Oceano delivered the invocation. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots and B'Ann Smith. APPOINTMENT OF COUNCIL MEMBER Mayor Millis said there is a vacancy on the City Council that was created by his election as Mayor, and there are two years remaining on his old Council term. He said the Council has a choice of appointing someone to fill the vacancy within 30 days or holding a special election. He said that on December 6, 1988, the Council had asked for names to fill the position. He thanked those Who had expressed a willingness to serve on the Council. Council Member Smith also thanked the public for input on this appointment. She said that some suggested appointees had more experience than others, and that based on experience and other qualifications she would move to appoint Doris Olsen. Council Member Moots seconded the motion to appoint Mrs. Olsen. Council Member Dougall agreed to the motion, and Mayor Millis said that Mrs. Olsen had served for five years on the Planning Commission and would make a good Council Member. On a roll call vote, Council Members Smith, Moots, Dougall and Mayor Millis voted aye to appoint Doris E. Olsen to the City Council. Mayor Millis directed City Manager Chris Christiansen to telephone Mrs. Olsen to see if she would be willing to serve as a Council Member. ORAL COMMUNICATION HEATHER JENSEN of 569 May Street questioned the Council about Consent Agenda Item 6.d. Mayor Millis said he would pull that item for discussion from the Consent Agenda. CONSENT AGENDA Council Members complimented Planning Director Doreen Liberto- Blanck for the newsletter she had prepared to explain the purpose and process of the City's General Plan, which is being updated. Moved by smith/Dougall (4-0-0) to approve Consent Agenda Items 6. a. through 6. c. and 6. e. through 6. h., wi th the recommended courses of action. 6. a. October 17, 1988, Parking and Traffic Commission Minutes. Information. 6.b. November 14, 1988, parking and Traffic Commission Minutes. Information. 1 ~-.", . 6. c. Progress Payment: Excavation of Pearwood Retention Basin; Project No. 80-88-2. Approved. 6.e. Final Approval of Parcel Map AG 88-216, Lot Split Case No. 88- 469, 289 and 297 Tally Ho Road (Schlotman, et al). Approved. 6.f. Purchase of Arc Welder. Approved. 6.g. December 6, 1988, Planning Commission Answered Agenda. Information. 6.h. General Plan Newsletter. Information. Consent Agenda Item 6.d. Phasing of the Paseo street project, (Abeloe) was explained by Public Works Director Paul Karp, who posted a copy of an approved plan of an existing subdivision on Paseo Street and Corbett Canyon Road. To summarize his memo dated December 8, 1988, he said that Paseo is a paper street that lies across the state highway from Wildwood. He said the developer has approval to build nine homes, and has agreed to hold up the building of homes closest to Tally Ho Creek so the City can plan the James Way Extension. He said the James Way Extension study would begin within the next six months, and the Staff would be working with the developer to figure out how to serve the other lots with utilities in a way which would not impact the planning process. He said any changes in right of way would come back to the Council. He said five lots are buildable without adversely affecting the James Way Extension proposal. Moved by Smith/Moots to approve Consent Agenda Item 6.d., with the recommended course of action. REGISTER OF WARRANTS Moved by Moots/smith (4-0-0) to approve the Register of Warrants dated December 8, 1988. PUBLIC HEARING-PLANNED DEVELOPMENT ORDINANCE AMENDMENT NO. 88-2l2 AND 88-213/LOT LINE ADJUSTMENT CASE NO. 88-467. OTTSE. INC.. 688 EOUESTRIAN WAY (CORNER OF EOUESTRIAN WAY AND NOYES ROAD) Ms. Liberto-Blanck referred to her Staff Report of December 13, 1988, and said the Planning Commission recommended to the City Council (1) Adopt a Negative Declaration; (2) Approve PD Rezoning Case 88-2l2 and PD Rezoning Case 88-213; (3) Approve Lot Line Adjustment Case 88-467, and (4) Instruct the city Clerk to file a Notice of Determination. 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. PETE MILLER, attorney for the applicants, said the project engineer Mark Bell was present to answer questions. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. There was Council discussion of a drainage easement adjacent to Equestrian Way. Mr. Bell said it is part of the Rancho Grande project, but would remain to the benefit of the city. Moved by Smith;Moots (4-0-0) to introduce an Ordinance Approving Adoption of a Negative Declaration and PD Rezoning Case 88-212, Amendment to Ordinance No. 186 C.S. (Rancho Grande) to Modify Exhibit "A." Moved by Smith/Moots (4-0-0) to introduce an Ordinance Approving Adoption of a Negative Declaration and PD Rezoning Case 88-213, an Amendment to Ordinance No. l40 C.S. (Oak Park Acres) to 2 ------ ------ I -', Modify Exhibit "A" and Exhibit "B." Mayor Millis said that constituted the first reading of the Ordinances. Moved by Smith/Moots (4-0-0, smith, Moots, Dougall and Millis voting aye) to adopt Resolution No. 2277 Approving Lot Line Adjustment Case No. 88-467, and Adoption of a Negative Declaration, Corner of Equestrian way and Noyes Road. (Rancho Grande/Oak Park Acres) . PUBLIC HEARING-PLANNED DEVELOPMENT REZONE/DEVELOPMENT PLAN/REZONE CASE NO. 88-211/TENTATIVE TRACT MAP NO. 1659: A REOUEST TO REZONE PROPERTY FROM R-3 TO PD. REVIEW A DEVELOPMENT PLAN. AND CREATE 10 UNITS AT 305 ALDER STREET. ROBERT NEWDOLL AND MERILEE PECK Ms. Liberto-Blanck referred to her memo of December 13, 1988 and said the Planning Commission had recommended that the Council accept its decision to deny rezone from R-3 to PD; Tentative Tract Map 1659 and Architectural Review. She said the Planning Commission could not make findings to approve the project. She said the Commission was concerned that the project was not consistent with surrounding land uses because the proposed density would be higher. She said the Commission felt that the project did not provide enough open space for children that may live in the complex, or enough parking. 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 now be heard regarding the matter. MERILEE PECK, the applicant; STEVE COOL, South County Performing Arts Assn.; JIM MCGILLIS, San Luis Engineering, and MARK VASQUEZ, designer of the project, spoke on behalf of the project. They said it was discriminatory to refer to children who may live in the project, that all trees would be saved, that these are affordable homes, that this project would have less impact than apartments and are more compatible with the neighborhood, that building materials are stucco, that traffic in the neighborhood is caused mainly by the nearby theater and elementary school, that development of the property would benefit the South county Performing Arts Association, that there is ample street parking available and all garages will have automatic door openers, and that 40 percent of the total lot space is in open space. City Attorney Art Shaw advised the Council that they should not take into consideration the statement that the property sale would benefit the Performing Arts Center. Speaking against the project were MRS. WILLIAM B. SMITH of 1030 Ash Street, who also said she was speaking for MRS. EILEEN TAYLOR; JOHN SOTO of 312 Alder street; RON STOBS of 295 Alder, and SPENCE THOMAS of 141 James way. They said that there would be increased traffic, that the project had excessive density, that the project lacked enough parking, that the three bedroom homes would not be suitable for low income senior citizens, and that the two- story homes would overwhelm the neighbors. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. There was Council discussion covering open space, street lighting, access to the project for police and fire equipment, setbacks, traffic and density. Moved by Smith/Dougall ( 4-0-0, Smi th, Dougall, Moots and Millis voting aye) to deny the rezoning Case 88-2ll R-3 to PD and Tentative Tract Map 1659, with the fOllowing findings: 1. The subject site is not adequate in size and shape to 3 -, accommodate the proposed development. 2. The proposed zone change is unreasonable and not beneficial at this time to serve this particular neighborhood because of the inadequate infrastructure such as the roadway width and because the proposed density is not consistent with the surrounding properties. 3. The proposed zone change would adversely affect surrounding property because it is not consistent with the adjacent use of the neighborhood. 4. The site is not physically suitable for the proposed units containing a total of thirty bedrooms, which is the density of the development. DORIS OLSEN ENTERED THE COUNCIL MEETING AND MAYOR MILLIS INTRODUCED HER TO THOSE IN ATTENDANCE PUBLIC HEARING-APPEAL OF PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT. CASE NO. 88-443. JEFFREY CARRITHERS. 225 TALLY HO ROAD. CONSTRUCTION OF A SECOND RESIDENTIAL DWELLING UNIT Planner Sandy Bierdzinski referred to the Planning Director's Staff Memo of December 13, 1988 and said that the Planning Commission had recommended that the Council uphold its denial of this project. She said the Commission had denied the project for the following reasons: 1. Since a primary residence was not already on site, it was found that it is premature to process the request. 2. The plan as submitted is incomplete and does not show required parking. 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. JEFF CARRITHERS of 2541 Santa Clara, San Luis Obispo, the applicant, said the parking provided in the proposal conforms to Articles 26 and 40 of the Municipal Code. He said the project plans are complete, and Article 40 of the Municipal Code does not state that concurrent construction of the primary and secondary dwelling units is inappropriate or "undoable. " He said the application and proposal conform in detail and intent with all the requirements and development standards of Article 40 of the Code. He said the den of the secondary dwelling would not be a bedroom, and the occupation of the residence would be by one person, the original owner of the parcel, Patricia Lauthbury. SPENCE THOMAS of 141 James Way said the property in question is zoned RA-I-D and is totally surrounded by RAB-2 and RAB-3 zoning. He said it is permissible to build three houses on the property, but if that were done, it would not conform to the rest of the neighborhood. He said he was against any issue that proposes more than three structures on the property. He also said that a single detached garage is not in accordance with the surrounding neighborhood. There being no further pUblic discussion on the matter, Mayor Millis closed the hearing to the floor. After Council discussion, it was moved by Smith/Moots (4-0-0, with Smith, Moots, Dougall and Millis voting aye) to deny the appeal of a Planning Commission denial of a Conditional Use Permit Case No. 88-443, based on the finding that the primary unit should be built before the second unit. HOOK RAMPS AT CAMINO MERCADO Mr. Christiansen told the Council that Staff had heard from 4 . --" Caltrans, and good news concerning the hook ramps at Camino Mercado is in the offing. Caltrans representatives stated that environmental work was completed for the project and such would be forwarded to Sacramento. Freeways agreements prerequisite to final design and construction may be ready within the next three months. He said the City of pismo Beach may be rethinking the realignment of West Branch street. WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY CIRCULATION Mr. Christiansen recommended that the Council direct staff to place on the Planning Commission's agenda, a public hearing to begin the process to consider amending the Circulation Element of the General Plan, and direct the Planning Commission to recommend a course of action for the City Council to consider with regard to this intersection. Moved by Moots/Smith (4-0-0) to approve Mr. Christiansen's recommendations, and for actions to take place as quickly as possible. PETE MILLER, attorney for the developers of Rancho Grande, said that a traffic report has been prepared on the entire traffic corridor, and that he hoped the Planning Commission would see it. POST OFFICE CIRCULATION Mr. Christiansen said that Post Office "rolling stock" would be located at the new Post Office site, and that could create more parking at the old Post Office. Mayor Millis appointed a sub-committee consisting of Council Member Dougall and either Mr. Christiansen or Mr. Karp to talk with Post Office officials. SECOND READING OF ORDINANCES AMENDING THE MUNICIPAL CODE RELATING TO BUILDING CODES. TEMPORARY RESTROOM AND SANITATION FACILITIES ON THE JOB SITE. AND MAINTENANCE AND CLEANLINESS ON CONSTRUCTION PROJECT SITES Mr. Christiansen said that the fees connected with the Building Code Ordinances were in accordance with the Gann Amendment, and that charges were not in excess of the costs. Moved by Moots/Smith (4-0-0, with Moots, smith, Dougall and Millis voting aye) to adopt Ordinance No. 385 C.S. Amending Chapter 1 of Title 8 of the Arroyo Grande Municipal Code, to Adopt by Reference the 1988 Uniform Building code, Including Amendments Thereto concerning stop Orders, Corrections, Fees, and Exceptions; Repealing All conflicting Ordinances and Sections. Moved by smith/Moots (4-0-0, Smith, Moots, Dougall and Millis voting aye) to adopt Ordinance No. 386 C.S. Amending Chapter 3 of Title 8 of the Arroyo Grande Municipal Code, to Adopt by Reference the 1987 National Electrical Code, and the 1988 Uniform Administrative Code, Including Amendments Concerning Light Outlets, service Entrance conduits, Service Disconnecting Means, Electrode Grounding, Open Wiring on Insulators, Concealed Knob and Tube Wiring, Nonmetallic Sheathed Cable, U.F. Cable, Ceiling and Wall Mounted Fixtures, Deleting Sections 338, 339-3 (6); Fees: Repeal All Conflicting Ordinances. Moved by Dougall/Smith (4-0-0, Dougall, Smith, Moots and Millis voting aye) to Adopt ordinance No. 387 C.S. Amending Chapter 4 of Title 8 of the Arroyo Grande Municipal Code, to Adopt by Reference the 1986 One- and Two-Family Dwelling Code and the 1985 Uniform Code for Building Conservation; Repealing All Conflicting Ordinances and sections. Moved by Moots/Smith (4-0-0, Moots, Smith, Dougall and Millis voting aye) to adopt Ordinance 388 C.S. Amending Chapter 5 of Title 8 of the Arroyo Grande Municipal Code, to Adopt by Reference the 1988 Uniform Plumbing Code and the 1986 Uniform Code for Solar 5 . -. Energy Installations Including Amendments Thereto Concerning stop Orders, Fees, and Water Heaters; Repealing All Conflicting Ordinances and Sections. Moved by Smith/Moots (4-0-0, smith, Moots, Dougall and Millis voting aye) to adopt Ordinance No. 389 C.S. Amending Chapter 9 of Title 8 of the Arroyo Grande Municipal Code to Adopt by Reference the 1988 Uniform Sign Code, Including Amendments Thereto Concerning Permits, Applications, Exemptions and Fees; Repealing All Conflicting Ordinances Sections. Moved by Dougall/Smith (4-0-0, Dougall, smith, Moots and Millis voting aye) to adopt Ordinance No. 390 C.S. Amending Chapter 10 of Title 8 of the Arroyo Grande Municipal Code to Adopt by Reference the 1988 Uniform Mechanical Code, Including Amendments Thereto Concerning Energy Connections and Fees; Repealing All Conflicting ordinances and sections. Moved by Moots/Smith (4-0-0, Moots, Smith, Dougall and Millis voting aye) to adopt Ordinance No. 391 C.S. Amending Chapter 12 of Title 8 of the Arroyo Grande Municipal Code to Adopt by Reference the 1988 Uniform Code for the Abatement of Dangerous Buildings; Repeal of All Conflicting Ordinances. Moved by Smith/Moots (4-0-0, Smith, Moots, Dougall and Millis voting aye) to adopt Ordinance No. 392 C.S. Amending Chapter 13 of Title 8 of the Arroyo Grande Municipal Code to Adopt by Reference the 1979 Uniform Swimming Pool Code, and the 1981 Solar Swimming Pool/Spa Code Review Manual, and the 1988 Uniform Administrative Code, Including Amendments Thereto concerning Administrative Authority, stop orders, Fees, and Penalties; Repealing All Conflicting Ordinances and Sections. Moved by Dougall/Smith (4-0-0, Dougall, smith, Moots and Millis voting aye) to adopt Ordinance No. 393 C.S. Adopting Chapter 15 of Title 8 of the Arroyo Grande Municipal Code, to Provide Temporary Restroom and Sanitation Facilities on the Jobsite During Building Construction, Including Amendments Thereto Concerning Stop Orders. Moved by Moots/smith (4-0-0, Moots, Smith, Dougall and Millis voting aye) to adopt Ordinance No. 394 C.S. Adopting Chapter 16 of Title 8 of the Arroyo Grande Municipal Code, Relating to Maintenance and Cleanliness of Construction Project Sites, Including Amendments Thereto Concerning Administrative Authority Stop orders, Bonding and Penalties. PROPOSED RULES OF PROCEDURE Moved by Smith/Moots (4-0-0, smith, Moots, Dougall and Millis voting aye) to approve Resolution No. 2273 Rescinding Resolution No. 2016 and Adopting ~ew Rules of Procedure for the Council. ADDITIONAL POLICE OFFICER Mr. Christiansen recommended that the council authorize an additional police officer effective January I, 1989, and that the 1988/89 budget be amended to reflect the additional cost estimated at $14,600.00. Moved by Smith/Dougall (4-0-0) to approve Mr. Christiansen's recommendation. EMPLOYEE RECOGNITION DAY. DECEMBER 21. 1988 Mr. Christiansen said the City Council recognizes all City employees for a job well done. He said a catered luncheon for employees will be held at the Community Center, and awards will be presented to employees with many years of service. FIRST READING OF ORDINANCE AMENDING PLANNING COMMISSION TERMS OF OFFICE FROM FOUR YEARS TO THREE YEARS Mr. Christiansen explained that commissioners have a1 ways been 6 -. serving three years in the past, and this action would correct the Municipal Code to correspond to that fact. Mr. Christiansen read the title of the proposed Ordinance - An Ordinance of the City of Arroyo Grande Amending the Municipal Code Title 9, Chapter 1 Regarding the Terms of Office for City Planning Commission Members. Moved by Moots/Smith (4-0-0) to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance. DISCUSSION - SENIOR ADVISORY COMMISSION Mr. Christiansen gave background on setting up a Senior Advisory Commission, and listed guidelines to consider for such a commission. Council Members said it would be very useful for the City to have a Senior Advisory Commission and directed Staff to prepare an ordinance to that effect. SURPLUS PROPERTY Mr. Christiansen recommended that the city Council declare the items as surplus and that the items be donated to the San Luis Obispo County Sheriff's Office for the Needy Family Program. Police Chief Jim Clark said this is the second year the city has participated in the program, and that there are 180 needy children on a list to receive help this Christmastime. Moved by Dougall/Moots (4-0-0, Dougall, Moots, Smith and Millis voting aye) to adopt Resolution No. 2274 Declaring Items to be Placed on a surplus List and Donated to Another Governmental Agency. LETTER OF REOUEST. BURNET M. POOLE. APN 07-l91-42 Mr. Christiansen recommended that the City Council approve the use of the area as requested for landscaping purposes only, that the City inform Mr. Poole that he does not retain any exclusive rights and that the City may grant easements to others -i.e. , drainage purposes. Mr. Shaw said he would prepare an agreement between Mr. Poole and the city. Moved by Moots/Dougall (4-0-0) to approve Mr. Christiansen's recommendation. ESTABLISHMENT OF A PASSENGER LOADING ZONE ON WEST SIDE OF VALLEY ROAD AT FAIR OAKS AVENUE Moved by Smith/Dougall (4-0-0, Smith, Dougall, Moots and Millis voting aye) to approve Resolution No. 2275 Establishing a Loading and Unloading Zone on a Portion of Valley Road (Valley Road Frontage of Gospel Lighthouse). ESTABLISHMENT OF A NO PARKING ZONE ON THE SOUTHEAST CORNER OF BRISCO ROAD AND LINDA DRIVE INTERSECTION Moved by Dougall/Moots (4-0-0, Dougall, Moots, Smith and Millis voting aye) to approve Resolution No. 2276 Establishing a "No Parking" Zone on a Portion of Linda Drive. INTERIM URGENCY ORDINANCE - AREAS WITHIN MEDIUM - HIGH GENERAL PLAN DESIGNATION AND/OR R-3 ZONES Mr. Christiansen recommended that the Council adopt an Interim Urgency Ordinance that would be in effect for 45 days. Mr. Shaw said that before the 45 days could be extended there would have to be a public hearing. Ms. Liberto-Blanck explained that Medium High Residential (14 dwellings units per acre) had been added to R-3 Zoning. 7 .. .--." Moved by Dougall/smith (4-0-0, Dougall, smith, Moots and Millis voting aye) to adopt An Urgency ordinance ot the city of Arroyo Grande Prohibiting On An Interim Basis the Acceptance, Consideration or Approval of Zone changes, Land Divisions, Building Permits, Architectural Review, Optional Design Standards and Conditional Use Permits with Areas Designated on the General Plan for Medium-High Residential (14 Dwelling units Per Acre) and/or Areas Zoned for R-3 Pursuant to Section 65858 of the California Government Code. WRITTEN COMMUNI9ATIONS None. ORAL COMMUNICATIONS JANET AXELSON, Alder Street property owner, asked the Council for guidance in developing her lot. Mayor Millis referred her to the Planning Staff, which is working on a General Plan Update. Ms. Liberto-Blanck said she would be sending Ms. Axelson copies of the General Plan Newsletter, and invited her to give testimony at public hearings which will be conducted in connection with the update. Council Members asked the Planning Director what progress she had made in hiring a Current Planner, and Ms. Liberto-Blanck said that Scott Spierling had accepted the position. Mayor Millis asked Staff to advertise in the newspaper for replacements for the various city commissioners whose terms have expired. NEW CITY COUNCIL MEMBER SWORN IN DORIS E. OLSEN took her Oath of Office from the city Clerk. Council Member Olsen said her would do her best to serve the people of the City. ADJOURNMENT TO CLOSED SESSION The Counci 1 adjourned to a Closed Session on litigation at 9:36 P.M. FINAL ADJOURNMENT The Council reconvened and immediately adjourned at 10: 35 P.M. MAYOR ATTEST: CITY CLERK