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Minutes 1991-04-23 ._"- .._---~----_... - ---~-~ . _._+._..~---_._~---~-~- -_._---_._..~---_._---_..._- -_.--- .,.--. .-.,~._- ~ 382 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 23, 1991 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 Pro Tem Gene Moots presiding. 1. & 2. FLAG SALUTE AND INVOCATION Mayor Pro Tem Moots led the Pledge of Allegiance to our Flag, and the Rev. Jan Armstrong of Arroyo Grande/Five cities Presbyterian Church delivered the invocation. "'"'\ 3. ROLL CALL Present were Mayor Pro Tern Moots and Council Members A. K. "Pete" Dougall, Doris Olsen and B' Ann Smith. Mayor Millis was absent. staff Members present were city Manager Chris Christiansen, city Attorney Judy Skousen, city Clerk Nancy Davis, Public Works Director Paul Karp and Current Planner Scott Spierling. 4. ORAL COMMUNICATIONS None. 5. CONSENT AGENDA It was moved by Smith/Olsen, and the motion passed to approve Consent Agenda Items S.D. and S.F. through 5.J. , with the recommended courses of action. S.D. First Quarter, 1991, Departmental Monthly Reports. Information. S.F. Progress payment No.1, Arroyo Grande Well No. '9; project No. 60-90-04. Approved. 5.G. Third Annual Arroyo Valley Car Club Show, July 27, 1991. Approved. S.H. Agreement Affecting Real Property, 543 Ide street, Robert Taylor. Approved. 5.J. Agreement with Metromedia paging services, Inc. Approved. Mayor Pro Tem Moots read the proclamation in Item S.A. "Water Awareness Month," May, 1991, and presented it to Public Works Director Karp, who accepted on behalf of the City's Water Conservation Coordinator. Mayor Pro Tern Moots read the proclamation in Item S.B. "March of Dimes Walk America Day," May 4, 1991, and presented it to Mrs. Jennie Lazzarini. Mrs. Lazzarini thanked the Council and presented ""I each member with a water bottle. She said Council Member Dougall was chairperson of this year's walk, and council Member smith is a I former chairperson. : Mayor Pro Tem Moots read the proclamation in Item S.C. "Soil and Water stewardship Week," April 28 through May 5, 1991. He said the proclamation would be given to Mrs. Ella Honeycutt at a later date. Council Member Dougall referred to Item S.D. spring clean-up Week, May 15 and 17, 1991, and urged residents to take advantage of the free pickup of unwanted items. He said the items should be bundled so that one persons could handle it. It was moved by Smith/Dougall, and the motion passed to approve Consent Agenda Items S.A, S.B, 5.C and 5.E. , with the recommended courses of action. 1 --.- - ---..--.-.-.--- .....-..---.-- 383 CITY COUNCIL MINUTES APRIL 23, 1991 6. REGISTER OF CHECKS It was moved by Smith/Dougall, and the motion passed to approve the cash disbursements in the amount of $559,150.20, as contained in the April 18, 1991 Staff Report of Finance Director David Bacon. 7 . A. CONTINUATION OF PUBLIC HEARING - RANCHO GRANDE PLANNED DEVELOPMENT: C1A) SPECIFIC DEVELOPMENT PLAN NO. 90-01: (lB} VESTING TENTATIVE TRACT MAP NO. 1834: (2A} PLANNED DEVELOPMENT REZONE. GENERAL DEVELOPMENT PLAN AND SPECIFIC DEVELOPMENT PLAN NO. 90-03: (2B\ VESTING TENTATIVE TRACT MAP NO. 1994: (3A}PLANNED DEVELOPMENT PLAN AND SPECIFIC DEVELOPMENT PLAN NO. 90-04: (3B\ VESTING TENTATIVE TRACT MAP NO. 1997: GENERALLY LOCATED IN THE NORTHWEST SECTION OF CITY BETWEEN CAMINO MERCADO IN THE SOUTH AND THE CITY LIMITS. AND NOYES ROAD TO THE NORTH: OTTSE. INC. Mr. Christiansen introduced the agenda item, and said May 1, 1991 is the deadline for the City to act on Rancho Grande. Michael Multari of Crawford, Multari and starr, Rancho Grande consultants for the city, referred to his April 23, 1991 memorandum on the Rancho Grande applications for three tracts, which he said constituted the second phase of the Rancho Grande development. He said summary recommendations to the Council were, (1) Introduce the ordinance approving the PD Rezoning and General Development Plan, ( 2) Approve a minute motion announcing the Council's intent to certify the Environmental Impact Report and adopt the Resolutions of Approval for Tracts 1834, 1994 and 1997, and (3) Continue these items to a special meeting of April 30, 1991. He said Council gave direction to Staff on certain unresolved items and asked staff to prepare the formal ordinance and resolutions, including the conditions and mitigation, for consideration at this meeting. with regard to drainage maintenance along the east fork of Meadow Creek, he said the maintenance of the on site drainage facilities would be the responsibility of the Homeowners Association and an agreement for that is part of the conditions. He said a condition had been included to require the applicants to pay over $12,000 for a one-time enhancement of the East Fork. He said the Council at the last meeting had decided to allow the streets to be public with a 32 foot curb to curb width with an integral sidewalk, which is an attached sidewalk on one side. He said that sidewalk could meander if it would avoid removal of any trees. He said on the other side of the street there would not be an attached concrete sidewalk but a pedestrian path that will meander among any trees that exist there and will have a permeable surface so that water can get down into the roots and into the soil. He said there also is a requirement for detailed parking plans be submitted for each of the tracts sUbject to the approval of the staff and detailing where the additional parking would be provided in each of those tracts because there will be parking only on one side of the street because of the narrow width. Mr. Multari said that one of the conditions of approval would be that the applicants pay the entire cost of the improvements to Brisco Underpass, which is probably in excess of $30,000. He said that on Tract 1994 across from Rancho Parkway there is a new condition which requires a view analysis and allows the Planning Director to impose a 19 foot height limit on those lots as there are on several other lots in Tract 1994. He said there will be a $5,000 fine per tree for any tree removed accidentally or otherwise if it is not to be removed on the approved plans. 2 __~_ u____. _" ..____ ..________________u~_______ .-.--.---,-------.-.---------~----.-.--..--..- ..--------- .--._" 384 CITY COUNCIL MINUTES APRIL 23, 1991 Late correspondence was entered into the record by Mr. Multari. He said one letter from the developer was received on April 23, 1991 and requested some changes, one of which affected Mitigation Measure 23A. He said the measure refers to the dedication of the right of way along Noyes Road for the possible development of a shoulder there. He said the Planning Director concurs with the developer's request. He said the developer agrees to dedicate the 20 feet only when an Environmental Impact Report says it is all right to put in the shoulder. He said the other change requested concerned Condition No. 6 ~ of the proposed ordinances. He recommended a language change adding after the words "by this reference" on line 6, the phrase, "except as may be modified by a city-approved Specific Development Plan." Mr. Multari summarized the April 23, 1991 letter submitted by Phil Ashley, a Cal Poly professor. Mr. Multari said many of Mr. Ashley's ideas were made a part of the plan. He said Mr. Ashley's ideas concerning the preservation of the oak savannas and the value of ecotones had been considered, but there was disagreement with his final proposal. Mr. Multari said there was a significant amount of open space in the sUbdivision, and tree loss was not great. He said the most sensitive habitats were preserved in the open space easements. Mr. Multari referred to the April 22, 1991 letter from Gary Elms, 1105 Grieb Drive. He said Elms' key issues were drainage, saving the wildlife habitat, traffic, air quality, lack of a school site and affordable housing. " After Council questions and being assured that the public hearing had been duly published and all legal requirements met, Mayor Pro Tem Moots declared the Public Hearing open and said all persons would be heard regarding the matter. Expressinq concerns and making suggestions with regard to the approval of this second phase of the Rancho Grande development, in addition to MR. ASHLEY AND MR. ELMS, were SARAH CHESEBRO, California Department of Transportation, who said that traffic would be heavily impacted by the development; JIM LIDBERG, California Department of Fish and Game, who made some technical corrections in the plan, asked for more protection of the oak trees, pisJt10 Clarkia and badgers, and said an aggressive fire protection plan was needed; and JOHN KEEN, 298 Elm Street, who said James way should remain a collector street, and suggested stucco as a good building material to use in the development. REUBEN KVIDT, developer of Oak Parks Acres, and MICHAEL DURKEE, attorney for the developers of Rancho Grande, spoke in '1 favor of the development. ! When no one further came forward to speak, Mayor Pro Tem Moots closed the hearing to the floor. After Council discussion, Mr. Multari outlined the amendments he suggested be made as a result of the public comments at this meeting. Under condition of Approval No.6, he recommended a language change which would add the following clause in the appropriate place noted previously in the minutes, "except as may be modified by a city-approved Specific Development Plan." He recommended that in Exhibit B of the Mitigation Measures and in future conditions on the tracts, wherever "streambed 3 I \ -, 385 CITY COUNCIL MINUTES APRIL 23, 1991 alteration permit" is used, it should read "streambed alteration agreement." Referring to Mitigation Measure 14 that speaks about the removal of small oak trees, the action should be conducted by an experienced company or individual approved by the planning Director. Mr. Multari said that on Mitigation Measure 20, there should be a language change, as suggested by the representative of the California Fish and Game Department. He said it should read, "Prior to recordation of the final map," and "the applicants shall have the project site surveyed by a qualified botanist familiar with rare, threatened and endangered species of the San Luis Obispo area." He said that in the second paragraph it should be changed to "This mitigation shall not be construed so as to preclude reducing the number of lots." He said this wording was required so that the kind of lot line adjustment which may be necessary could occur. He said on Mitigation Measure 34 referencing the Vegetation Management Program, there should be added, "Said plan shall be I subject to review and approval of the Fire Chief, and the plan ' shall be submitted to the Department of Fish and Game for review and comment." Mr. Multari recommended that Mitigation Measure 23A read, "The applicant shall offer to dedicate to the City or to another public entity, as directed by the city, a strip of land up to 20 feet in width for construction of a shoulder on the east side of Noyes Road. The city may restrict the use of said strip for such purpose until after assessment of the environmental impacts is performed and the feasibility of the installation of the shoulder is , evaluated to the satisfaction of the city. The applicant shall 1 have no resPQnsibility for any environmental or feasibility study or for such shoulder construction unless the Specific Plan for Lots 10 and 11 allows for access to either of those lots directly or from Noyes Road." Mr. Christiansen read the title of the Ordinance Approving the PD-Rezone No. 90-221 and a General Development Plan for the Portions of the property previously Designated as "Unplanned Areas" in the "Rancho Grande" Planned Development, with the amendments listed by Mr. Multari. It was moved by Smith/Dougall, and the motion passed to dispense with further reading of the Ordinance. Mayor Pro Tem Moots said that constituted the introduction and i first reading of the Ordinance. It was moved by smith/Dougall, and the motion passed to announce the council's intent to certify the Environmental Impact Report and adopt the resolutions of approval for Tracts 1834, 1994 and 1997. It was moved by smith/Dougall, and the motion passed to continue this agenda item to a special meeting of April 30, 1991 at 7:30 P.M. THE COUNCIL RECESSED AT 9:27 P.M. FOR FIVE MINUTES 7. B. PUBLIC HEARING - RECONSIDERATION OF DRAINAGE IMPROVEMENT CONDITIONS PLACED ON WALNUT VIEW ESTATES PROJECT: LOT SPLIT CASE NO. 85-498: SOUTH OF CHERRY AVENUE BETWEEN LOS OLIVOS LANE AND BRANCH MILL ROAD: COKER ELLSWORTH AND VICK PACE City Attorney Skousen said because of some problems with the notice of public hearing Staff is requesting that this agenda item be continued to the next meeting. She recommended that the Public Hearing be opened so that anyone who could not attend the next 4 386 - CITY COUNCIL MINUTES APRIL 23, 1991 meeting could testify at this meeting. After being assured that the public hearing had been dUly published and all legal requirements met, Mayor Pro Tem Moots declared the hearing open. Expressing concerns about the drainage problems which could occur from development of the property on Cherry Avenue between Los Olivos and Branch Mill Road were DONALD BARNES of 307 Noguera Place, IRENE HILL of 611 Cherry Avenue, JIM DICKENS of the Dixon Ranch property, C.S. KUREK of 603 East Cherry, MEL LUSARDI of 530 Los Olivos, CLARK MOORE of 1180 Ash Street, D. G. PORTER of 541 Ide ~ Street, and MIKE LEES of 610 Myrtle, who showed photographs to the Council of the drainage ditch next to his home. COKER ELLSWORTH, 129 Bridge Street, an owner of the property, said he is trying to solve the drainage problem, which is created upstream. He said it is a four-way lot split drainage problem. DON GULLICKSON of 513 East Cherry Avenue said he had waited two hours and did not understand how City Staff could fail to notify some of the neighbors of the public hearing. LARRY TURNER of 323 Noguera Place said he agreed with Mr. Ellsworth that he is trying to solve the drainage problem. He presented the Council with photographs of the road culvert under Branch Mill Road, and said he was concerned about blockage of the culvert. When no one further came forward to speak, Mayor Pro Tem Moots continued the Public Hearing to May 14, 1991. ' ~C. PUBLIC HEARING - CONSIDERATION TO AUTHORIZE SUBMITTAL OF A ~ APPLICATION FOR UP TO S500. 000 TO THE 1991 SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR ACOUISITION AND REHABILITATION OF AFFORDABLE RENTAL HOUSING: PEOPLES' SELF-HELP HOUSING Mayor Pro Tem Moots said he had a possible conflict of interest and left the room. Council Member Smith became acting Mayor Pro Tem. Mr. Christiansen referred to the April 16, 1991 Staff Report of the Planning Director, and said Staff recommends the Council takes testimony at the public hearing, and adopt the authorizing resolution. After being assured that the public hearing had been duly published and all legal requirements met, the acting Mayor Pro Tem declared the hearing open and said all persons would be heard regarding the matter. ~ JEANNETTE DUNCAN, executive director of peoples' Self -Help i Housing, said she had been working with the city's Senior Advisory commission. She said the State grant would be for acquiring property with units already on it. She said the units would be repaired and brought up to health and safety standards and Peoples' Self-Help Housing would manage them as affordable housing. When no one further came forward to speak, acting Mayor Pro Tern smith closed the hearing to the floor. It was moved by Dougall/Olsen (3-0-2, Dougall, Olsen and Smith voting aye, Millis and Moots absent) to approve Resolution No. 2461 Approving an Application and Contract Execution for Funding from the General Allocation of the State CDBG program, Authorizing the Execution of a Grant Agreement with the State of California for 5 ----.--- ....- - 387 CITY COUNCIL MINUTES APRIL 23, 1991 the Purposes of This Grant, and Approving the Waiver of Program Related Permit and Inspection Fees and the Contribution of Program Related Audit Expenses. Mayor Pro Tem Moots returned to the room. 7. D. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE CASE NO. 91-156 AND CONDITIONAL USE PERMIT CASE NO. 91- 483: DENIAL OF A VARIANCE TO CONSTRUCT A TWO-STORY. SINGLE-FAMILY RESIDENCE THAT EXCEEDS BY SEVEN FEET FROM THE NATURAL GRADE OR THREE FEET FROM THE GRADED PAD THE 30-FOOT HEIGHT LIMIT. AND CONDITIONAL USE PERMIT TO EXCEED HEIGHT LIMIT FOR ACCESSORY BUILDING FROM 14 FEET TO 24 FEET TO ALLOW ~TORAGE/SHOP AREA ABOVE GARAGE: 212 MILLER WAY: RICHARD AND TERRY PAYNE Current Planner Spierling said that the project had been denied by the Planning Commission because of a split 3 to 3 vote. He said the applicants have received a grading permit and have begun grading. He said if the appeal is denied the applicant will still use the grading permit, but reduce the height of the house and garage. After being assured that the pUblic hearing had been duly published and all legal requirements met, Mayor Pro Tem Moots declared the hearing open and said all persons would be heard regarding the matter. RICHARD PAYNE, the applicant, presented petitions to the Council in support of the paynes' appeal. He read from his April 29, 1991 letter to the Council. TERRY PAYNE also' spoke to the Council in favor of the appeal. O.F. NOSS of 246 Miller Circle said he was there to represent Dr. Jerold Litoff, owner of a home next to the paynes' proposed home. He said the new home would block some of the view from the Litoffs' home. Mrs. Payne showed a photo to the Council of her property in relation to the Litoff home, and said her house would not be obstructing anyone's view. When no one further came forward to speak, the public hearing was closed to the floor. Council Members discussed view corridors, height of the structures, grading, and colors for the house, and indicated they would approve the appeal. There was Council concern about the two story garage becoming living quarters some time in the future, and ~ members said that issue should become a deed restriction. It was moved by Dougall/Smith (4-0-1, Dougall, smith, Olsen and Moots voting aye, Millis absent) to approve Resolution No. 2462 Granting a variance, Case No. 91-156, Applied for by Richard and Terry Payne at 212 Miller Way to Construct a Two Story single Family Residence that Exceeds the 30 foot height limit, Adopting a Negative Declaration and Instructing the City Clerk to File a Notice of Determination. It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Smith i and Moots voting aye, Millis absent) to approve Resolution No. 2463 , Approving Conditional Use Permit Case No. 91-483, to Exceed Height I Limit for Accessory Building from 14 Feet to 24 Feet, Applied for by Richard and Terry Payne at 212 Miller Way, Adopting a Negative Declaration and Instructing the City Clerk to File a Notice of Determination, and as amended with Condition No. 17 which read as follows: 6 , I ~-_.. - -- --~--------.---_..---------~. -------._-----------~--~------~----~-,.----------~. ----._- --- --- 388 - CITY COUNCIL MINUTES APRIL 23, 1991 "17. Prior to issuance of building permits, the applicant shall record a deed restriction and an agreement affecting real property regarding the garage/carriage house that prohibits plumbing fixtures in the second story and prohibits the conversion of the garage/carriage house structure to living quarters." 8.A. HOOK RAMPS AT CAMINO MERCADO No Report. 8.B. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY No Report. -..., 9.A. REOUEST OF ARROYO GRANDE CHAMBER OF COMMERCE REGARDING PRESENTATION ON ECONOMIC DEVELOPMENT sandy Lubin, 138 Via Bandolero, member of the Arroyo Grande Chamber of Commerce Board, spoke to the Council about the current Recession in the Country and said the Chamber is concerned about the lack of potential commercial and industrial development in the city. He asked for the city's cooperation in seeking out viable commercial and corporate entities to locate here. He suggested that the City could annex land for open space and commercial development. He listed ways in which the Chamber assists the city. He said the Chamber Board of Directors, in the best interests of the city, had voted to forego its annual funding from the city in order to reduce the potential for any reductions in city Staff. Council Members thanked the Chamber for its action. 9.B. RESOLUTION SUPPORTING THE LEAGUE OF CALIFORNIA CITIES IN ITS EFFORTS TO REPEAL SENATE BILL 2557 AND IMPLEMENT THE V.L.F. SOLUTION , , I It was moved by Olsen/Smith (4-0-1, Olsen, smith, Dougall and Moots voting aye, Millis absent) to approve Resolution No. 2464 I Supporting the League of California Cities in its Efforts to Repeal Senate Bill 2557 and Implement the V.L.F. Solution. 9.C. RESOLUTION DESIGNATING LANDMARK TREES AT 468 CAMPANA PLACE It was moved by Smith/Dougall (4-0-1, Smith, Dougall, Olsen and Moots voting aye, Millis absent) to approve Resolution No. 2465 Designating Landmark Trees No. 91-59. WRITTEN COMMUNICATIOHQ Mr. Christiansen said that it was Mayor Millis' intent to reappoint all city commissioners whose terms would be expiring June 30, 1991. He said they are Clark Moore and M.P. "Pete" Gallagher, Planning Commission; Judy Tappan and Patricia sanger, Parks and Recreation Commission; Gary L. Borda and Cleo Silva, Parking and Traffic Commission; Katherine "Kay" Silva and Aurora Kurek, Senior Advisory commission, and Mark Clark, Marlin Harper and Anne Waiters, Downtown Parking Advisory Board. '1 Council Members said they approved Mayor Millis' reappointments. ORAL COMMUNICATIONS Council Member Dougall said he attended a meeting at the Police Department at which 16 of the city's Police Officers received commendations from the Auto Club for their safe driving abilities. Council Member smith said she had received numerous complaints about large 18-wheel trucks parking on private property on Huasna Road. She asked Staff to resolve the problem. I CLOSED SESSION None. 7 - ,________n______"_______ ___..__ __ ___ - 389 CITY COUNCIL MINUTES APRIL 23, 1991 ADJOURNMENT It was moved by Dougall/Smith, and the motion passed to adjourn the meeting at 11:12 P.M. .J:1~ /1l;~ ~ GENE MOOTS, MAYOR PRO TEM ~ ATTEST: ~ a. ~L~ NANCY A. VIS, CITY CLERK ~ I I I 8 0-.----.---------