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Minutes 1987-08-25 - MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 25, 1987 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met in regular session at 7:30 P.M. with Mayor Howard Mankins presiding. 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 Deacon Virgil Glocheski of St. Patrick's Catholic Church delivered the invocation. PUBLIC APPEARANCES None. CONSENT AGENDA Moved by Porter/Johnson (5-0-0) to approve all Consent Agenda items with the recommended courses of action, except Item C.7, discussed at the end of the agenda. C.l. City Council Minutes of August 11, 1987. Approved. C.2. Long Range Planning Ad Hoc Committee Minutes of August 10, 1987. Information. C.3. Proclamation "Bells Across America," Thursday, September 17, 1987, 1 P.M., POT, Actual Date and Time United States Constitution Signed. Information. C.4. Proclamation, "Good Neighbors Months," September, October, November and December, 1987. Proclaimed. C.5. Proclamation, "World Literacy Day," September 8, 1987. Proclaimed. C.6. Proclamation, "1994 World Cup Be Held in the U.S." Proclaimed. C.8. Parking and Traffic Commission Minutes, July 20, 1987. Information. C.9. Annual Ratification, Joint Powers Agreement, San Luis Obispo Area Coordinatin9 Council, Fiscal Year 1987/1988. Approved. C.C.FILE 1-3-25 C.1D. Police Dog Seminar and Qualification Trials Announcement. Information. C.ll. Pearwood Pond Fencin9 Award of Bids. Awarded to Low Bidder. C.C.FILE 9-17-30 PUBLI C HEAR I NGS PROPOSED MUNICIPAL CODE AMENDMENT TO CHANGE ZONING CLASSIFICATION OF CERTAIN SPECIFIC PROPERTIES WITHIN LOTS 4 THROUGH 8, BLOCK 6, PARCEL A OF PM 21- 44, AND LOTS 1 THROUGH 9, BLOCK 7, ALL IN TRACT NO. 46 LOCATED IN THE HILLCREST DRIVE AREA, FROM R-l, SINGLE FAMILY RESIDENTiAL, TO R-l-D, SINGLE FAMILY RESIDENTIAL WITH A "0", DESIGN COMBINING DISTRICT C.C.nTE 6-15-83 Acting Plannin9 Director Ned Rogoway referred to his memo of AU9ust 19, 1987. He said the Plannin9 Commission recommends that Rezonin9 Case No. 87-201 be approved from "R-l" to "R-l-D", with the "0" to mean as prescribed by Resolution No. 87-1128 approved by the Planning Commission changing Sections 9-4.605, 9-4.606 and 9-4.608. He recommended the adoption of an ordinance and issuance of a negative declaration. There were questions of staff regarding front yard setbacks, and the property owner's ability to rebuild on the pre-existing location if the structures are damaged or destroyed. The City Clerk read into the record a letter opposing the rezoning from Marion E. Buffington and Jean E. Coho of 1390 Newport Avenue. Moved by Porter/Johnson (5-0-0) to receive the letter into the record. , CITY COUNCIL AUGUST 25, 1987 ARROYO GRANDE, CALIFORNIA PAGE TWO REZONING OF HILLCREST DRIVE AREA Continued from Page 1 Mayor Mankins opened the Public Hearing. Speaking in favor of the rezoning recommendations were LEONARD TURNER of 1401 Hillcrest, who also read a letter from ROLAND P. AXTELL of 1401 Hillcrest; MARY SORENSON of 1380 Hillcrest; DON DENISON of 1353 Hillcrest; RICHARD DUFFIN of 1398 Newport; JAMES HEFLEY of 1475 Hillcrest; JOE ZDANA of 1341 Hillcrest; ROBERT MITCHELL of 1360 Hillcrest, who also read a letter from MRS. ANNIE A. MERS of 1365 Hillcrest; MARY AINSLEY EVELHOCH of 1450 Hillcrest; JO TURNER of 1401 Hillcrest, and CAROL GLENN of 1315 Hi llcrest. Speaking against the rezoning proposal were NANCY SIPES of 1410 Hillcrest, and LEONARD LENGER of 1203 Carpenter Canyon Road, representing KIM HUGHES, whose request for a lot split at 1320 Hillcrest was denied by the City Council. Mayor Mankins was in possession of a letter from WILLIAM AND ANGELA BRUCKART of 1420 Hillcrest against the rezoning. The Mayor expressed the concerns and questions contained in the letter to Staff and proponents of the rezoning. The public portion of the hearing was closed by the Mayor. Council Members discussed the issues of the boundaries of the rezoning area, preserving the large lots and rural atmosphere, and the ability of a property owner to rebuild on the pre-existing location if the structures are damaged or destroyed. Moved by Millis/Johnson (5-0-0) to approve Case No. 87-201 rezoning from "R-1" to "R-1-D", with the "-0" referring to the Planning Commission standards, (a) restriction of height to protect the view shed; (b) increasing the minimum lot sized from 6,000 sq. ft. to 12,000 sq. ft.; (c) increasing the front yard setback on the north side of Hillcrest Drive from 20 ft. to 50 ft., and (d) a provision protecting the right to rebuild existing non-conforming structures which might be damaged or destroyed. APPLICATION FOR USE PERMIT AT 1190 WEST BRANCH STREET, TO ALLOW INVITATIONAL BED AND BREAKFAST INN, WITHIN P-D, PLANNED DEVELOPMENT DISTRICT, WESLEY AND DONNA CARLSON C.C.FILE 6-10-15 Mr. R090way referred to his memo of AU9ust 19, 1987, and to maps of the area on the overhead projector. He also showed the tentative proposal for development of the street. He recommended the Invitational Bed and Breakfast Inn be approved in accordance with the plans submitted, and requested the Council to issue a negative declaration. He said the inn would be in a Planned Development District and a Conditional Use Permit would be issued. There were Council questions and a request by City Attorney Art Shaw for time to look into the correct procedure to follow since the inn will be going into an unplanned holding-type district of Planned Development. Mayor Mankins opened the Public Hearing. Speaking in favor of allowing the Bed and Breakfast Inn in a Planned Development District were applicants DONNA AND WESLEY CARLSON of 1190 W. Branch Street, and HARRIET SUE JOHNSON of Arroyo Grande. Council Members discussed with the Carl sons and Staff the issues of street access; advertising; the reservation service to be used, and the fact that the home will count as 1 of 133 homes allowed in the Planned Deve I opment. Moved by Johnson/Moots (5-0-0) to continue the public hearing to September 8, 1987, when legal documents concerning the approval of the inn will be presented to the Council. CITY COUNCIL AUGUST 25, 1987 ARROYO GRANDE, CALIFORNIA PAGE THREE PROPOSED MUNICIPAL CODE AMENDMENT TO CHANGE ZONING CLASSIFICATION FROM RA-B3, RESIDENTIAL AGRICULTURAL DISTRICT (40 000 S .FT. MINIMUM BUILDING SITE TO RA-B2, RESIDENTIAL AGRICULTURAL DISTRICT 0,000 SQ. FT. MINIMUM BUILDING SITE , FOR CERTAIN PROPERTIES ON RIDGEVIEW WAY REZONING CASE NO. 87-196, SALLY WHITE THIS HEARING CONTINUED FR M JULY 28, 1987 .C.FILE 6-15-84 Mr. Rogoway referred to his memo of August 19, 1987. He said that the Planning Commission has recommended that the property be rezoned from "RA-B3" to "RA-B2-D", the "-0" to mean before any discretionary action is taken by the City to develop or divide any of the properties herein, a plan showing a concept of the full development of the property be submitted to the City, and that said exhibit shall be used for illustration purposes only and is not intended to commit any action by the City of Arroyo Grande. He said if the project is approved, a negative declaration should be part of the action. City Manager Robert Mack referred to his memo of August 20, 1987, and recommended that no rezoning be granted the Ridgeview Way area, which would increase density and promote development until such time as the Long Range Planning Division of the City has prepared and concluded formal studies which address the primary concerns of the area: water, sanitary sewer, drainage circulation, increased density and growth inducement. Mayor Mankins asked the difference in density between the two zonings, and ED CHADWELL of 209 Ridgeview, owner of one of the properties, said there would be 11 more units. The Mayor opened the Public Hearing. Mr. Chadwell gave to the Council copies of a plan for the property designed by Mr. Lenger, who is a surveyor for the applicants. Mr. Chadwell spoke in favor of the rezoning, and said owner Sally White wishes to rezone the land, sell some lots and raise capital to refurbish her avocado orchard. MRS. J.P. ASKELAND of 101 Ridgeview said she would agree to the rezoning but objected to Mr. Lenger's design for the property. She said she was not consulted, and the design was not even feasible for her land. JERRY WHITE of Summer 1 and, son of the applicant, said his Mother was willing to comply with the City's standards. CHRISTINE CHADWELL of 290 Ridgeview explained to Mrs. Askeland how Mr. Lenger's sketch came about. She said Mr. Lenger was not representing her property. Mayor Mankins closed the public portion of the hearing. Council Members discussed the location of the White and Chadwell houses, and of the water lines to the properties. Council Member Moots said he would like to see a more professional and viable design for the property that all owners agree to. Council Member Millis said there has not been any significant rezoning of property in the City for some time. Other Council concerns covered water and traffic caused by increased density. Members said there are other alternatives such as lot splits to raise capital. Moved by Millis/Porter (5-0-0) to deny the rezoning without prejudice. Council Member Millis suggested the property owners consider other alternatives and return with better plans. MANOR HEALTHCARE ~SE PERMIT TIME EXTENSION C.C.FILE 6-10-12 Mr. Rogoway said the Planning Commission considered an extension to the Manor Care Corporation on their Use Permit Case 86-411 for an additional year, and the Commission recommends to your Council that an extension be granted. Moved by Johnson/Moots (5-0-0) to approve the recommendation. CITY COUNCIL AUGUST 25, 1987 ARROYO GRANDE, CALIFORNIA PAGE FOUR RESOLUTION 2149 ESTABLiSHING "NO PARKING" ZONE ON VALLEY ROAD (WEST SIDE JUST NORTH OF LEANNA DRIVE) Mr. Mack explained that this "no parking" zone on a portion of Valley Road is needed because of a sight/distance problem created by changing widths of street at Valley Road. TOM RUNELS of 661 Valley Road said motorists have to move out into traffic in order to make a turn, and that parked cars there cannot be blamed for sight/distance problems. Mr. Mack said the resolution is a result of a recommendation by the Parking and Traffic Commission. Moved by Johnson/Moots (5-0-0, Johnson, Moots, Millis, Porter and Mankins voting aye) to adopt Resoltuion No. 2149 establishing a "no parking" zone on a portion of Valley Road (Municipal Code Sec. 2-7.04). RESOLUTION NO. 2150 ESTABLiSHING "NO PARKING" ZONE ON LINDA DRIVE AT BENNETT AVENUE CONNECTION (NORTHWESTERLY SIDE) Moved by Porter/Johnson (5-0-0, Porter, Johnson, Moots I Millis and Mankins voting aye) to adopt Resolution No. 2150 establishing a "no-parking" zone on a portion of Linda Drive and Bennett Avenue connection (Municipal Code Sec. 2-7.04). RESOLUTION NO. 2151 ESTABLiSHING "NO PARKING" ZONE AT 1126 GRAND AVENUE, PIZZA HUT Mr. Karp referred to his memo of August 18, 1987, and said it is the recommendation of the Parking and Traffic Commission that the three parking spaces in front of Pizza Hut be removed. After Council discussion, it was moved by Johnson/Porter (5-0-0, Johnson, Porter, Moots, Millis and Mankins voting aye) to adopt Resolution No. 2151 establishing a "no-parking" zone on a portion of Grand Avenue (1126 Grand Avenue) (Municipal Code Sec. 2-7.04). RESOLUTION NO. 2152 ESTABLISHING STOP SIGNS ON CROSS STREET AT HAWKINS COURT Mr. Karp referred to his memo of August 18, 1987, and said it is the recommendation of the Parking and Traffic Commisson that the City Council install a two way stop sign on Cross Street at Hawkins Court. Moved by Johnson/Moots (5-0-0, Johnson, Moots, Millis, Porter and Mankins voting aye) to adopt Resoltuion No. 2152 establishing a boulevard stop sign at the intersection of Cross Street and Hawkins Court. Council Member Millis asked that the sign be put up as soon as possible, and Council Member Johnson asked that the intersection be monitored for speeding. She asked Mr. Mack to contact the Police Chief on this matter. LOPEZ LAKE SURPLUS WATER PURCHASE Mr. Karp said this was a routine matter and referred to his memo of August 18, 1987, and recommended that the City Council authorize the Staff to order all of the surplus Zone III water available to Arroyo Grande for water year 1987-88, at the price of $51+ per acre feet. Moved by Porter/Moots (5-0-0) to approve Mr. Karp's recommendation. RESOLUTION NO. 2153 DECLARING PUBLIC NUISANCE MAY EXIST AT 421 WOODLAND DRIVE AND SETTING PUBLIC HEARING DATE C.C.FILl ~-1Z-10 Mr. Karp referred to his memo of August 19, 1987, and recommended that the City Council adopt Resolution 2153 setting a time and place for a public hearing to be held regarding public nuisance of two trees blocking Arroyo Grande Creek in the vicinity of 421 Woodland Drive. Mr. Runels, owner of one of the properties in question, said the trees are merely leaning into the water. Council Member Millis asked the cost to the City of cutting the trees, and Mr. Karp answered that this would be precedent setting. Mr. Mack said the more the City goes into the Creek to do clearance ,._,~--_._---.~.~-------~'- C!TY COUNC I L AUGUST 25, 1987 ARROYO GRANDE, CALIFORNIA PAGE FIVE PUBLIC NUISANCE Continued from Page Four the more it appears it is responsible for the clearance of the creek. Mr. Runels described a situation where he had cut down a tree and it damaged a home. After Council discussion, it was moved by Moots/Porter (5-0-0, Moots, Porter, Millis, Johnson and Mankins voting aye) that the City Council does find that a Public Nuisance may exist in the vicinity of 421 Woodland Drive, and that a date and time for the Public Hearing regarding the public nuisance be set for Tuesday, September 22, 1987, at 7:30 P.M. in the Council Chambers, 215 E. Branch Street. RECOMMENDED POLICY FOR WATER SERVICE TO OUTSIDE-CITY RESIDENTS C.C.FILE 13-1-15 Making their reports as members of the Council subcommittee on water service outside of the City were Council Members Porter and Johnson. Council Member Porter recommended against offering service to Mr. and Mrs. Henry Alexander of 1216 Huasna Road on the basis of precedent setting and possible City water shortages. Council Member Johnson agreed to furnish City water to the Alexanders if they agreed to certain City- imposed conditions. Mayor Mankins offered a 10-condition policy he suggested the City Council adopt. Mrs. Alexander pointed out that her adjacent neighbors are served with City water. After extensive discussion, it was moved by Porter/Johnson (5-0-0) to approve water service to Mr. and Mrs. Alexander, who were invited to make application to the City, and to adopt the following policy for the use and extension of City water outside the City limits: 1. Property to be served shall have and maintain an operating water well with adequate cross connection protections. 2. Water use is for household use only with a maximum of one-third acre foot annual use permitted, measured annually on January 1st. 3. No City water shall be used for animals. 4. Out-of-City water rate shall be double the rate for in-City users and shall be as contained in the Municipal Code. 5. When one-third acre foot is used during any given year, user must return to well water for household use. If unfit for drinking water, user must buy drinking bottled water or locate other suitable source. 6. Property to be served must have a City water line currently in place to serve the request. 7. Service cannot serve more than one residence on same parcel, and ~hall apply to existing residences only. 8. This policy shall not apply to any property proposed for subdivision. g. Should water rationing occur within the City, the outside user shall return to well water on the parcel and bottled water. 10. There should be some demonstration of a hardship to using existing we 11 water. 11. Service shall be by contract only. 12. Approval by the City Council shall be required. CITY COUNCIL PAGE SIX ARROYO GRANOE, CALIFORNIA AUGUST 25, 1987 PROPOSED NORTH NIPOMO MESA DEVELOPMENT IMPACTS UPON CITY TRAFFIC CIRCULATION Mr. Mack referred to a letter from Fourth District Supervisor Jim Johnson listin9 projects planned for the near future on the Nipomo Mesa. Mr. Mack said he is concerned about the cumulative affect on traffic in Arroyo Grande when the approximately 700 homes are constructed on the Mesa. He referred to a map of the area and explained how the increasing traffic would affect the City. Mayor Mankins said as a result of input to the Supervisors (including Mr. Mack's Arroyo Grande concerns) a current project on the Mesa for a 102 mobile home park has been held up and Supervisors have asked for a focused EIR on traffic. Mayor Mankins asked Council Member Moots about the progress of the Council Ad Hoc Long Range Committee. Council Member Moots, who is chairman, said the work will be completed in the next two months. REQUEST FOR RANCHO GRANDE SHOPPING CENTER STUDY SESSION C.C.FILE 6-14-66 Council Members set a Study Session on the proposed Rancho Grande ShoPpin9 Center for 10:00 A.M. Tuesday, September 1, 1987, in the Council Chambers, 215 E. Branch Street. CONSENT AGENDA ITEM C.7. Council Member Millis said he wanted to discuss Consent Agenda Item C.7. Street Closure for Block Party, September 5, 1987, Sandalwood Avenue from Halcyon to Alder. He said his concerns were (1) City liability, (2) how to determine if all residents of a block want the party, (3) should there be reasons given for holding the party, and (4) should there be commercial block parties. Mr. Shaw said the City has liability on these parties just as it does on any public function. After discussion, Council decided not to adopt a special policy on block parties. Moved by Millis/Moots (5-0-0) to approve Consent Agenda Item C.7. ADJOURNMENT TO CLOSED SESSION The meeting was adjourned to a Closed Session at 10:25 P.M. RECONVENEMENT AND IMMEDIATE ADJOURNMENT The meeting was reconvened and immediately adjourned at 12:15 P.M. on motion of Millis/Moots (5-0-0). MAYOR ATTEST: CITY CLERK