Minutes 1991-04-09
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375
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, APRIL 9, 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 Mark M. Millis presiding.
1 & 2. FLAG SALUTE AND INVOCATION i
Mayor Millis led the Pledge of Allegiance to our Flag, and the
Rev. Paul Bautts delivered the invocation.
~, 3. ROLL CALL
Present were Mayor Millis and Council Members A. K. "Pete"
Dougall, Gene Moots, Doris Olsen and B'Ann Smith. Staff Members
present were city Manager Chris Christiansen, City Attorney Judy
Skousen, City Clerk Nancy Davis, Planning Director Doreen Liberto-
Blanck, Public Works Director Paul Karp, Long Range Planner Sandra
Bierdzinski and Current Planner Scott Spierling.
4. ORAL COMMUNICATIONS
None.
5. PRESENTATION OF RESOLUTION RECOGNIZING POLICE OFFICER CRAIG
HENDRICKS AS THE 1991 OFFICER OF THE YEAR
Mayor Millis read the Resolution, and it was moved by
Dougall/Moots (5-0-0, Dougall, Moots, Olsen, Smith and Millis
voting aye) to approve Resolution No. 2456 Recognizing Officer
Craig Hendricks as the 1991 Officer of the Year.
6. CONSENT AGENDA
It was moved by Dougall/Smith, and the motipn passed to
approve Consent Agenda Items 6.C. through 6.J. , with the
recommended courses of action.
6.C. March 12/ 1991, City council Minutes. Approved.
6.D. March 26, 1991, City Council Minutes. Approved.
6.E. April 3, 1991, Senior Advisory commission Minutes.
Information.
6.F. March, 1991 Investment Report. Information
6.G. First Quarter, 1991, Sales Tax Revenue Report. Information.
6.H. Joint Meeting of city council and Parks and Recreation
Commission, April 17, 1991, at 5:30 P.M. Information.
6.1. completion of community Center Floor Resurfacing. Approved.
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6.J. Award of Contract for Nelson Street Sewer Main Improvements;
Project No. 70-91-1. Awarded to Low Bidder.
Mayor Millis read the Consent Agenda Proclamation in Item
6.A., "Earth Day Celebration 1991," April 6-22, 1991, and presented
it to Ken Kukuda and Ellen Walker.
Mayor Millis read the Consent Agenda Proclamation in Item
6.B. , "Year of the Lifetime Reader," and presented it to Dorothy
Hilyard and Helen Haberland.
7. REGISTER OF CHECKS
It was moved by Dougall/Olsen, and the motion passed to
approve cash disbursements in the amount of $314,419.28, as
contained in the April 4, 1991 Staff Report of Finance Director
David Bacon.
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CITY COUNCIL MINUTES
APRIL 9, 1991
8.A. PUBLIC HEARING - RANCHO GRANDE PLANNED DEVELOPMENT: L1A}
SPECIFIC DEVELOPMENT PLAN NO. 90-01: (lBI VESTING TENTATIVE TRA~
MAP NO. 1834: (2A} PLANNED DEVELOPMENT (PDI REZONE. GENEJ3,M,
DEVELOPMENT PLAN AND SPECIFIC DEVELOPMENT PLAN NO. 90-03: (2B)
VESTING TENTATIVE TRACT MAP NO. 1994: (3A} PLANNED DEVELOPMENT (PD)
B.EZONE'. GENERAL DEVELOPMENT PLAN AND SPECIFIC DEVELOPMENT PLAN NO.
90-04: (3BI VESTING TENTATIVE TRACT MAP NO. 1997: GENERALLY LOCATED
IN THE NORTHWEST SECTION OF THE CITY BETWEEN CAMINO MERCADO IN THE
SOUTH AND THE CITY LIMITS. AND NOYES ROAD TO THE NORTH: OTTSE. INC.
Planning Director Liberto-Blanck introduced Mike Multari of
Crawford, Multari and starr, consultants hired by the city to help '"""
process the Rancho Grande development. Mr. Multari referred to the
April 9, 1991 Staff Report, and gave a history of the project. He
showed on the overhead projector a map of Rancho Grande and
discussed the applications for approval made by Ottse, Inc. He
said the purpose of this meeting was to update the Council on this
project, including the results of the Planning commission's
deliberations and recommendations. He said that the Planning
Commission had recommended that the Council approve the
applications, subject to numerous conditions and mitigation. He
discussed the key issues, which were:
1. Concern about the configuration of Tract 1834 and alternatives
I to the layout.
2. Oak Tree Protection.
3. Extraordinary Development Standards.
4. Wildlife Corridors.
5. Private vs. Public Roads.
6. city Ownership of certain Open Space Areas.
7. Water.
8. Traffic.
9. Public Services.
10. Drainage.
11. Miscellaneous Issues, such as protection of the Torrey pines,
and height limits on Rancho parkway.
city Attorney Skousen made the Council aware of its deadline
for action on Rancho Grande. She said the deadline is May 1, 1991,
and that the Council would need to schedule a special meeting on
April 29 or 30, 1991 to take final action and have the second ..,
reading of the Ordinance.
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.
MIKE DURKEE of Walnut Creek represented the applicants and
said he would respond to the comments made at the public hearing.
Expressing concerns about drainage from Rancho Grande into the
Meadow Way area, the need for an operation and maintenance
agreement on drainage between the city and Rancho Grande, and
unresolved biological issues were GEORGE CURTIS of 1145 Cleventry
Drive, PHIL ASHLEY of San Luis Obispo and CLARK MOORE of 1180 Ash
Street.
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CITY COUNCIL MINUTES
APRIL 9, 1991
REUBEN KVIDT, developer of Oak Park Acres, said the residents
would be proud of the project.
AUSTIN CARLTON, senior planner for the California Department i
of Transportation, said he had warned the Council in the past about l
the additional traffic the subdivision would create. He suggested
that the development be postponed until improvements of state
Highways 101 and 227 are funded. Mr. Carlton said he could not
estimate when and if the state highway improvements would be funded
in the future.
MR. DURKEE said that the developers would be happy with either
private streets with limited access, fire sprinklers and private
maintenance, or pUblic streets with public access and public
maintenance. He said the developers are willing to pay up to $1
million in traffic mitigation fees, and would leave it up to the
City to decide how to use the monies.
When no one further came forward to speak, Mayor Millis closed
the hearing to the floor.
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On the request of Council Member Smith, JIM GARING of Garing, I
Taylor and Associates spoke about the Meadow Creek Drainage Area.
He said Rancho Grande lies within a small part of the Meadow Creek
Drainage Area. He referred to the channel behind Leisure Gardens,
and said it would stand a 100 year storm from the fully-developed
subbasin that goes past there, even if Rancho Grande were to
develop and not mitigate its drainage and even if all the other
areas that are in the City and County were to develop in that
drainage basin and not mitigate their drainage, the channel very
easily carries that. He said in fact it carries twice that. He
said there are, however, mi tigation measures that are being
proposed to be put in place as far as retarding, and if they are i
put in place, Rancho Grande in and of itself will only make the I
situation somewhat better than it is now. He said there does have '
to be maintenance in that area and there is a dual responsibility.
Mr. Garing said that the major contributing drainage area which
could cause problems in the future if now mitigated lies outside ,
the city in two canyons northerly of the Oak Park/Noyes Road !
intersection.
Mr. Multari said there will be ongoing on-site and off-site
maintenance obligation in the area, and Rancho Grande would be
paying a one-time fee for off-site drainage.
Mr. Karp said the city would be using work crews from the
California Mens' Colony for creek maintenance. i
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r- There was Council discussion of the matter of the one-time fee ,
I and maintenance of the channel. Mr. Mul tari spoke about Mr. '
I Curtis' concern about how much drainage flow there is now in the
I Meadow Creek channel, how much there will be when the development
is completed, and how much the creek can hold. He said that kind
of analysis was done by the hydrologist for the EIR, who concluded
that the proposed retention basin was an adequate way to address I
the problem. Mr. Multari said the City Engineer also came to the I
same conclusion. I
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Council Member Smith expressed deep concern about the Caltrans
representative's warning about "stop and go" traffic on Highway
101. She said there has been tremendous growth in the area of the
highway, but no highway improvements are planned by the state in 15
years.
Council Members then began discussion of the 11 key issues in
the development. The Council agreed with the Planning Commission
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CITY COUNCIL MINUTES
APRIL 9, 1991
recommendations on the first four issues, Alternatives to the Tract
1834 layout, Oak Tree Protection, Extraordinary Development
Standards and wildlife Corridors.
On issue No.5, Private vs. Public Roads, the Council decided
on 32 foot roads with no gates and only limited street parking on
one side. On issue No.6, city Ownership of certain open Space
Areas, the Counci 1 agreed wi th the Planning commission
recommendation.
On issue No.7, Water, the council agreed with the Planning
commission and approved the use of potable water to establish '1
erosion control through temporary irrigation systems.
The Council agreed with Planning Commission recommendations on
issue Nos. 8 and 9.
On issue No. 10 Drainage, the council agreed with the planning
commission, and in addition will require a maintenance agreement or
management plan to address on site drainage maintenance. There was
Council discussion of the city's off-site drainage responsibility
after the Rancho Grande developers pay a one-time off-site drainage
fee.
On issue No. 11.a. Torrey pines, the Council agreed with the
planning commission's recommendation. On issue No. 11.b. Special
Height Limits on certain Lots in Tract 1994, the Council decided
that for the four or five lots along Rancho parkway, a view
analysis should be submitted to the Planning Director.
Council Member Moots said it is important to s~ress that the
44 acres that front on West Branch Street in Rancho Grande are
commercial property and home buyers should be made aware of that
fact.
THE COUNCIL RECESSED FOR 10 MINUTES BEGINNING AT 9:45 P.M.
It was moved by Olsen/Dougall, and the motion passed to
continue this agenda item to the meeting of April 23, 1991.
9.A. HOOK RAMPS AT CAMINO MERCADO
No Report.
9.B. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY
No Report.
9.C. SOLID WASTE TASK FORCE
Council Member Dougall reported on the Solid Waste Task Force
Meeting of April 4, 1991. He said the meeting centered around
household hazardous waste issues, regional approaches to l
implementation of the Source Reduction Plan, and mandatory
collection/rate structure in the unincorporated areas. He said I
that Arroyo Grande's rebate from the household hazardous waste '
collection event in 1990 would be $1,132, but that the Task Force
is going to ask to retain that money as seed money for the next
collection event or other issues. Council Member Dougall said
there needs to be a regional strategy developed for implementing
the programs under the Source Reduction and Recycling Elements of
AB939. He said the Task Force has formed a subcommittee made up of
the public, industry, cities, county and legal, to work on the
issue. He said no decisions have been made regarding mandatory
collection or rates for the unincorporated areas.
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CITY COUNCIL MINUTES
APRIL 9, 1991
9.D. WATER REPORT
Council Member Olsen referred to her memorandum of April 8,
1991, on the County Water Resources Advisory Committee meeting.
She said a representative of the State Department of Water
Resources spoke on the reliability and growth-inducing potential of
the state Water Project. She said cost estimates ranged from $470
per acre foot for 3,000 acre feet to $950 per acre foot for 1,000
acre feet (depending on the desired reliability factor). She said
estimated reliability percentages ranged from 53 percent to 98
percent. She said the final draft date of May, 1991 was given for
the water project environmental impact report. She said the county
Engineer said the purveyors must make a decision on State Water by
November, 1991. She said Arroyo Grande has repeatedly declined to
hold a special election because of the cost and low voter turnout
in off-year elections, and has set November, 1992 as a plausible
time to put the issue to the voters.
council Members discussed the decision deadline on State Water
set by the County Engineer . City Attorney Skousen said the City is
being told that if it does not have an election before November,
1992, its options to participate in the State Water program would
be foreclosed. She said that may not be true, depending on actual
scheduling problems encountered during the next 12 months. She
said the council may not make a decision without a vote of Arroyo
Grande voters.
9.E. PROPERTY TAX FEES. SB 2557
Mr. Christiansen referred to a March 25, 1991 letter from Gere
W. sibbach, County Auditor-controller, notifying the city that the
County will be charging for costs associatE;!d with the
administration of the property tax system, following a mandate of
Senate Bill 2557.
Mr. Christiansen also referred to his letter of March 29, 1991
to Mr. Sibbach disputing the levy of $44,101.00 by the County. He
said other fees that might be passed down to the City include
booking fees in the amount of $40,000. He said other unanticipated
costs for this and next fiscal year amount to approximately ;
$135,000. He said the City also could lose its "in-lieu" vehicle
fees.
10.A. FIRST READING OF ORDINANCE ADOPTING THE NEW DEVELOPMENT CODE:
TITLE 9 OF THE MUNICIPAL CODE. PLANNING AND ZONING.
It was moved by Smith/Dougall (5-0-0, smith, Dougall, Moots,
Olsen and Millis voting aye) to approve Resolution No. 2457 '
Certifying That the Program Environmental Impact Report on the 1990
General Plan Update Adequately Addresses the 1991 Development Code
and Certifying That the City Council has reviewed and Considered i
the Information Contained in the Program Environmental Impact '
I Report.
It was moved by smith/Dougall (5-0-0, Smith, Dougall, Olsen, i
Moots and Millis voting aye) to approve Resolution No. 2458 Making
certain Findings Regarding the Environmental Impacts of the 1991
Development Code.
Long Range Planner Bierdzinski read the title of the Ordinance
Adopting the 1991 Development Code Replacing Title 9 of the
Municipal Code in its Entirety. It was moved to dispense with
further reading of the Ordinance by smith/Dougall, and the motion
passed. Mayor Millis said that constituted the first reading of
the Ordinance.
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CITY COUNCIL MINUTES
APRIL 9, 1991
11.A. REOUEST OF PEDRO ARAYA. REGARDING HIS PROPERTY LOCATED AT 357
TALLY HO ROAD
Mayor Millis said PEDRO ARAYA had brought to the City for
duplication a series of documents, and copies had been distributed
to the Council.
MR. ARAYA, 357 Tally Ho Road, read from his April 9, 1991
letter to the city Council, and said in 1966 a prior owner made a
deal with the City that in exchange for a grant easement of 20 feet
along the northerly edge of the property he would get a four parcel
lot split. He said a year ago the City bulldozed away 34 feet of '1
his property and told him there were errors in the subdivision maps
of 1888 and 1889, on which the 1966 agreement was made. He said
the original maps were accurate and a mistake was made on a 1962
map. He said the City was not entitled to more than it bargained
for in 1966. He said that since the city has already taken the
land, he would like to split his land into two parcels.
Mr. Christiansen said that the proper maps were never filed by
the property owner to consummate the lot split, and if a lot split
is desired at this time, it would be necessary to request a
variance from the planning commission.
Mr. Araya said that at the time the lot split was approved
there was a resolution which said it was not necessary to record a
final map if there were four lots or less.
There was discussion about whether or not it was necessary in
1966 to record a lot split.
Mayor Millis said it would be necessary to research the law in
1966.
The city Attorney said she needed to check the state law to
see what was required for lots splits in 1959 or 1960. She also
said she would like to look up to see if there is a provision in
the state law where if a subdivision map is approved and all the
actions are taken and by some inadvertence the county Recorder's
Office loses the map you can still record it later. She said she
did not think that applied here, but she would like to look it up.
city Attorney Skousen said that at this point in time Mr.
Araya could not apply to the planning commission for a lot split
because the General Plan and Zoning ordinance do not include the
lot split because of the current moratorium. She said he could
file an application for a General Plan Amendment.
Mr. Christiansen told Mr. Araya that Staff would let him know
the city Attorney's findings. "'"
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11.B. REOUEST OF ST. PATRICK'S SCHOOL TO USE THE FIVE-ACRE PARCEL i
FOR PARKING PURPOSES DURING CARNIVAL AT THE SCHOOL. APRIL 18-21. ,
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Mayor Millis, council Member Dougall and Mr. Karp said they
had possible conflicts of interest on this agenda item and left the
room.
JERRY PFITZER spoke on behalf of the st. Patrick's School
Community carnival Committee, and requested the use for parking of
the City's property adjacent to the Community Center.
It was moved by smith/Olsen to approve the request. City
Attorney Skousen said the only use permitted would be parking, not
rides. Mr. pfitzer said there would be people to direct parking
and the police had been notified about carnival traffic. He said
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CITY COUNCIL MINUTES I
APRIL 9, 1991 ,
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the school had an insurance policy for $1 million with the city
named in the policy. The motion passed.
Mr. Karp returned to the room.
11.C. LANDSCAPE PLAN APPROVAL FOR GRACE BIBLE CHURCH
Mr. Karp referred to his April 2, 1991 staff Report, and CITY
recommended that the Council review the landscape plan for the i
Grace Bible Church and if it found it compatible with the Council's
intent with regard to water allocation for the church site, approve
the landscape plan in conformance with Ordinance No. 430 C.S.
After Council discussion, it was moved by smith/Olsen, and the
motion passed to grant to the church a credit for two acre feet of
water to the church, and give authorization to proceed with the
landscape plan as revised and described in Mr. Karp's April 2, 1991
report.
11.D. RECOMMENDATION OF PARKING AND TRAFFIC COMMISSION ;
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council Member B'Ann smith said she had a possible conflict of
interest and left the room.
It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots ,
and Millis voting aye, smith absent) to approve Resolution No. 2459 I
Establishing a "No Parking" Zone on a Portion of Le Point Street
(Municipal Code Sec. 2-7.04). I
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council Member Smith returned to the dais.
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11.E. ADOPTION OF A RETENTION SCHEDULE
Mr. Christiansen referred to the April 4, 1991 Staff Report of
the City clerk, who recommended the adoption of a Records Retention
Schedule for her office.
council Member Olsen stressed the important of keeping
indefinitely the recorded tapes of the Council meetings.
It was moved by Dougall/Smith (5-0-0, Dougall, Smith, Olsen,
Moots and Millis voting aye) to approve Resolution No. 2460
Approving the Adoption of a Record's Retention Schedule for the
Office of the city Clerk.
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K . HI ~,~, YOR
"' ATTEST: :1J~a. ~
NANCY A. VIS, CITY CLERK
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