Loading...
Minutes 1991-03-12 . - ------ ..------ -----~ -------- '--~' ----~-- ,- 362 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 12, 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 Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Dale Burke of Grace Bible Church delivered the invocation. 3. ROLL CALL 'I Present were Mayor Millis and council Members A. K. "Pete" , Dougall, Gene Moots, Doris Olsen and B'Ann Smith. Staff Members I present were city Manager Chris Christiansen, City Attorney Judy I skousen, city Clerk Nancy Davis, Chief of Police Rick TerBorch, Public Works Director Paul Karp, Planning Director Doreen Liberto- Blanck, Long Range Planne.r Sandra Bierdzinski, Current Planner Scott Spierling and Parks and Recreation Director John Keisler. 4. ORAL COMMUNICATIONS Donna Minter of Grover city requested information on the progress of the building moratorium. Mayor Millis said Mrs. Minter should contact the Planning Director on the day after the Council meeting. 5. CONSENT AGENDA It was moved, and the motion passed to approve Consent Agenda Items 5.B. through S.D., with the recommended courses of action. 5.B. February 12, 1991 city Council Minutes. Approved. S.C. February 26, 1991 City Council Minutes. Approved. S.D. February" 1991 Investment Report. Information. 5.A. Proclamation, "Arbor Day," March 16, 1991. Mayor Millis read and presented the proclamation to Judy Tappan, chairperson of the Parks and Recreation commission. 6. REGISTER OF CHECKS It was moved by Smith/Dougall, and the motion passed to approve cash disbursements in the amount of $603,803.69, as contained in the March 6, 1991 Staff Report of Finance Director David Bacon. 7. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DETERMINATION THAT THE PROPOSED GARDEN ROOM AT 311 SHORT STREET IS PART OF THE SECOND UNIT AND THEREFORE NOT PERMITTED BECAUSE IT EXCEEDS THE 640 SOUARE FEET MAXIMUM AREA PERMITTED UNDER CITY ORDINANCES: EDWIN l THALMAN Mr. Christiansen said the applicant had requested that this agenda item be continued until March 26, 1991. He said the Planning and Building Departments will meet with the applicant to discuss alternative designs for a garden room. . 8. PUBLIC HEARING - AMENDED PD REZONE CASE NO. 89-217/AMENDED SPECIFIC DEVELOPMENT PLAN/AMENDED TENTATIVE TRACT 1769: (11 AMEND PLANNED DEVELOPMENT REZONE TO REFLECT MODIFIED LOT SIZES AND LOCATIONS AND MODIFICATION TO CONDITIONS OF APPROVAL: ( 2} AMEND SPECIFIC DEVELOPMENT PLAN: (31 AMEND TENTATIVE TRACT MAP TO REFLECT MODIFIED LOT SIZES AND LOCATIONS. AND MODIFICATIONS TO CONDITIONS OF APPROVAL: 1400 FARROLL AVENUE: HERB PHILLIPS Current Planner Scott Spierling referred to the March 12, 1991 Staff Report of the Planning Director, who wrote that the Planning Commission had recommended there be a first reading of an ordinance approving amended PD Rezone Case No. 89-217 and amended specific 1 --.-- - 363 CITY COUNCIL MINUTES MARCH 12, 1991 development plan, adoption of a negative declaration, and instruction to the city Clerk to file a Notice of Determination; and City council adoption of a resolution approving Amended Tentative Tract 1769, adoption of a negative declaration and instruction to the City Clerk to file a Notice of Determination. Mr. Spierling discussed the Planning commission approval of minor tract modification and lot relocation, and modification of two conditions of approval relating to subdivision design and ! improvement. 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. JIM MC GILLIS of San Luis Engineering, representing the Okui family and Herb Phillips, explained the changes to the Council. He gave a progress report on how the developers are achieving compliance with the city condition that a water conservation program be undertaken to save three times the amount of water which will be used by the development per year. EARL FOSTER, 940 Rose Court, Grover city, spoke to the Council about fencing within the development a drainage ditch on the project's west property line. TOM WILCOCK of 581 Bakeman Lane said there may be a need in the future for a stop sign and cross walk at Bakeman Lane and Farroll Road. He said the crossing will be used br children on their way to Soto sports Complex. Mayor Millis said once the tract is built Mr. wilcock should contact the city Parking and Traffic Commission. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. Council Members discussed the fence on the western boundary of the project, and decided to add a Condition 13a. to the ordinance approving the amendment to Ordinance No. 420 C.S. Mr. Christiansen read the title of the new ordinance, "An Ordinance of the city Council of the City of Arroyo Grande Adopting a Negative Declaration, Instructing the City Clerk to File a Notice of Determination, and Approving an Amendment to Ordinance No. 420 C.S. on Property Located at 1400 Farroll Avenue, Applied for by Herb Phillips. r It was moved by smith/Dougall, and the motion passed to dispense with further reading of the ordinance. Mayor Millis said the new ordinance would include Condition 13a., which read, "The developer shall construct a solid fence, six feet (6') high, along the entire western tract boundary prior to final acceptance of tract improvements. Mayor Millis said that constituted first reading of the new ordinance. It was moved by Smith/Dougall ( 5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to approve Resolution No. 2453 Adopting a Negative Declaration, Instructing the city Clerk to File a Notice of Determination, and Approving Amended Tentative Tract 1769, Located at 1400 Farroll Avenue, Applied for by Herb Phillips. Council Member Olsen asked about the water saving projects selected by the developers, and Mr. Mc Gillis said they had accomplished projects at the Arroyo Grande Cemetery, St. Patrick's 2 -_..,~.~-- ---_._..._--_..~" - ,"-'-- 364 - CITY COUNCIL MINUTES MARCH 12, 1991 School, Strother Park and the Shell Station. He said they had chosen some of the larger water saving projects in the City, and it will be harder in the future for developers to find ways to save water. Mayor Millis asked about monitoring the projects, and Mr. Karp said that meter readings will be monitored over the next three or four years so the City will be able to see how much water is saved. 7.C. PUBLIC HEARING - AMENDMENT TO SOTO SPORTS COMPLEX MASTER PLAN. 1075 ASH STREET l Mr. Keisler referred to his Staff Report of February 6, 1991, and said the Staff and Parks and Recreation Commission had recommended the following amendments to the Elm Street Park and Soto sports Complex Master Plan: 1. A (4' - 6') four to six foot masonry wall constructed around the corporation yard (elimination of the proposed berm). 2. Change in the western parking lot size from 44 spaces to 34 spaces. 3. Change the designation from "School" to "School and Recreation Offices." 4. Eliminate the roadway proposed for the Elm Street Park area and show the existing roadway. Mayor Millis said he had a possible conflict of interests and left the dais. Mayor Pro Tem Moots presided. " council Members questioned Mr. Keisler about the proposed fence, parking and traffic. 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. BRUCE BLAIR, vice president of the Babe Ruth League, said there is always a lot of open spaces in the western parking lot. When no one further came forward to speak, Mayor Pro Tem Moots closed the hearing to the floor. It was moved by smith/Dougall (4-0-1, smith, Dougall, Olsen and Moots voting aye, Millis absent) to Approve Resolution 2454 Amending the Elm Street Park and Soto sports Complex Master Plan and Adopting a Negative Declaration. l Mayor Millis returned to the dais. PUBLIC HEARING - AMENDMENT TO MUNICIPAL CODE. TITLE 9. PLANNING AND ZONING. BY ADOPTING A NEW DEVELOPMEN~ CODE Planning Director Liberto-Blanck referred to her Staff Report of March 12, 1991, and recommended that the City Council open the pUblic hearing and accept testimony on the 1991 Development Code, and continue the hearing to March 26, 1991. She said State law requires that once a city has updated its General Plan, it must then make sure that all city development ordinances agree with the General Plan. She said the Development Code before the Council consolidates into one document the zoning, Subdivision, Parking, Sign and Underground utility District ordinances and many other ordinances. She said there had been eight public meetings on the Development Code, approximately 5,400 notices mailed to Arroyo Grande residents, and a one-third page advertisement placed in the 3 - 365 CITY COUNCIL MINUTES MARCH 12, 1991 newspaper. Ci ty Attorney Skousen spoke to the Council on Conflict of Interests laws. Mayor Millis thanked the Staff and Planning commission for the enormous amount of work over the past couple of years. He recommended that letters of commendation be sent to the Planning Commissioners on behalf of the entire Council. Council Member Olsen said she was interested in the penalties in the document, and asked if they were as tough as the City could make them. Ms. Skousen said these were more stringent than those of any other city she knew about. Long Range Planner Bierdzinski gave an overview of the Development Code. She said the three major issues for the council to consider are, (1) Requirement for a Conditional Use Permit for New Construction, ( 2 ) Development Code Violations and Hiring a Development Code Compliance Officer, and (3) Adoption of a New Sign Ordinance. There were Council questions and comments with regard to who would enforce the Development Code if no Code Compliance Officer is hired by the city, the use of neon signs in businesses, and the possibility of strict enforcement creating ill will among the business owners of the City. Ms. Bierdzinski listed the other parts of the Development Code as being, (4) Agricultural Districts, (5) Planned Unit Development, (6 ) Increased Dedication Along Creek, (7) Setbacks and Other District Standards, (8) Design Overlays and (9) Parking standards. Mayor Millis stressed the point that senior housing must have adequate 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. COKER ELLSWORTH of 129 Bridge Street said the city is "backing him into a corner" by changing his designation from RAB-3 to Agriculture and that farming his land at Cherry Avenue and Branch Mill Road is not economically viable. Ms. Liberto-Blanck said the law firm of Miller and Walter had submitted a letter dated March 11, 1991 to the Council on the matter of Mr. Ellsworth's property. HANS VANDERVEEN of 224 McKinley spoke about four residential lots making up one acre on land east of May Street. He asked how the land could be developed if it is rezoned to Residential Suburban. He also said that under the new zoning, some lots in the Le Point District could not meet the setbacks. BYRON GRANT of High Mountain Road spoke on behalf of Mr. and I Mrs. Charles Moon, of Cherry Avenue and Traffic Way. He referred to the March 12, 1991 letter to the Council from the Moons and said people want to buy their property, but it cannot meet the depth and width requirements for subdividing commercial property. He said the uses set by the city are too restrictive. RICHARD DE BLAUW of 722 Alta Vista Way said setbacks in the 4 - - - ~-- ----.~--.-~..-.----...-----.-..-~---~--~~,..---~.------- 366 ~ CITY COUNCIL MINUTES MARCH 12, 1991 new Development Code are too limiting. He referred to densities in mUlti-family housing, and asked why a parcel could not be developed to its maximum density. JAMES HEFLEY of 1457 Hillcrest asked if the single family residential with a design overlay designation would still apply to the properties on Hillcrest Drive. Ms. Bierdzinski said the design overlay would remain exactly the same as adopted. CHRIS WALLER of Shell Beach asked to be informed of the agricultural uses in the Agricultural Element. ~ GEORGE PEARSON of 215 Clarence Avenue said an code enforcement officer is needed to keep large trucks from being parked on property in his neighborhood. He said large drums are being stored and there is an open ditch. Police chief TerBorch said his department is working on the matter, and it should be alleviated within the next several weeks. He asked Mr. Pearson to speak further with him outside the Council Chambers. MARK VASQUEZ of 345 Acero Place suggested that the Council consider making it permissible for owners of businesses in commercial areas to live adjacent to those businesses. He said this would make it easier to own a business and decrease traffic. JEANNE WATKINS of Woodland Hills requested information on allowable residential uses for the commercial area of the Village. When no one further came forward to speak, Ma,dr Millis said the public hearing would be continued to March 26, 1991. S.A. HOOK RAMPS AT CAMINO MERCADO No Report. S.B. SOLID WASTE TASK FORCE Council Member Dougall referred to his report on the Solid Waste Task Force meeting of March 7, 1991. He said the Waste Characterization Study has shown that the largest single component of the County's waste stream (by weight) was mixed paper. He said sheetrock makes up a big part of the waste. He said the draft Environmental Impact Report was discussed, and officials of San Luis Garbage Company and Cold Canyon Landfill warned of additional costs, and EIR delays. 8.C. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY Public Works ,Director Karp said he would be meeting with Fourth District supervisor Ruth Brackett on the subject of the Arroyo Grande ground water basin and how it is affected by l discretionary permits on the fringe of the city. He said the Regional water Quality Control Board has been contacted with regard to concern about septic tanks being approved on the city's fringe. I He said the City will be working with the Water Quality Control Board on obtaining a grant to study the ground water, and he has asked the Water Quality Control Board to make a recommendation to the Board of Supervisors on how to handle discretionary permits for septic tanks on the city's fringe in the meantime. I SUPERVISOR BRACKETT said she had been working diligently on the issue of how to handle the discretionary permits for septic tanks on the fringe. Mr. Christiansen referred to the February 22, 1991 letter from Mark Hutchinson, Environmental Specialist for San Luis Obispo County, informing the city of the County's plan to widen Noyes 5 I ! ,..- -- ,.~.__. -. ._'~'-"-'-'-'----'-'" -.....--.- - 367 CITY COUNCIL MINUTES MARCH 12, 1991 Road. Mr. Christiansen said the widening will make the road go into the wetlands, may cause erosion and will require some engineering. Ms. Liberto-Blanck said the planning Commission will be discussing the widening and how it affects tne Rancho Grande development. Mayor Millis said the widening may be needed, and hoped the city's "concern" would not be automatically be translated to mean "oppose." The Planning Director said the City may just need more information. 9.A. SECOND READING OF ORDINANCES AMENDING THE MUNICIPAL CODE REGARDING ( 1 ) PARTIES. PARTY SECOND RESPONSE FEE. PUBLIC URINATION\DEFECATION: (2} ALARMS: (3) PUBLIC EXHIBITIONS. RESOLUTION ADOPTING FEES It was moved by smith/Dougall (5-0-0, Smith, Dougall, Moots, Olsen and Millis voting aye) to adopt Ordinance No. 434 C.S. Amending the Municipal Code Title 5, By Adding Chapter 17 Regarding I Parties and Chapter 18 Regarding Party Second Response Fee and I Amending Title 6, By Adding Chapter 11 Regarding Public Urination/Defecation. It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to adopt Ordinance No. 435 C.S. Amending the Municipal Code Title 5, by Adding Chapter 19 Regarding Alarms. It was moved by Dougall/Smith (5-0-0, Dougall, Smith, Moots, Olsen and Millis voting aye) to adopt ordinance No. 436 C.S. Amending the Municipal Code Title 5, by Adding Chapter 20 Regarding Public Exhibitions. It was moved by Dougall/Smith (5-0-0, Dougall, Smith, Olsen, Moots and Millis voting aye) to approve Resolution No. 2454 Adopting Fees for Exhibition Permits, Alarm Permits and Police I Department Response to False Alarms. 9.B. ABATF..MENT OF PUBLIC NUISANCE AT THE PROPERTY LOCATED AT 221 CORBETT CANYON ROAD: APN 07-031-027: NEWPORT PROPERTIES (RON ABELOE) Mr. Karp referred to his March 5, 1991 Staff Report, and recommended that the Council consider a verbal request by Mr. Abeloe of Newport properties to be granted a thirty day extension in order to complete abatement of his nuisance at 221 Corbett Canyon Road. He said one-half of the debris had been removed, but rain and other complications had prevented Mr. Abeloe from finishing the job. It was moved by Smith/Dougall, and the motion passed to approve a 30-day extension for abating the nuisance. 10.A. REOUEST OF RUTH BROCKWAY. 1303 NEWPORT AVENUE. REGARDING SEWER LATERAL Mr. Christiansen directed the Council's attention to a map prepared by the Public Works Director showing sewer lines on the property at 1303 and 1305 Newport Avenue. He said that some time ago there was a stoppage in the lateral sewer line and repair was made on the Brockway property. He said the lateral also crosses the neighboring property at 1305 Newport and needs to be repaired. He said Mrs. Brockway contends that it is the City's responsibility to repair the lateral at 1305 Newport. He said the Municipal Code requires the property owner to repair the lateral. RUTH BROCKWAY of 1303 Newport Avenue showed the Council a map with corrections she made. She requested that the City acknowledge the "surprise extension" to the sewer as a portion of the City sewer system - maintaining it as such with legal easements and/or rights of way. 6 368 - CITY COUNCIL MINUTES MARCH 12, 1991 Mr. Karp said the sewer pipeline was not built the way it was originally designed. Mayor Millis said this is an unique problem and the City is responsible to correct it. He said the city's sewer line should go up to Mrs. Brockway's fence. Mr. Karp stated that relocation of the main line sewer to Mrs. Brockway's property may need additional easement and installation of such a main extension would be hand dug and also would be disruptive to the landscapes of the homes in that area. After '""'I considerable council discussion, it was found by the Council that \ the lateral, as installed by the County of San Luis Obispo, was defective and city staff should take appropriate action to correct I the situation. It was moved by Dougall/Olsen, and the motion passed to repair the sewer up to Mrs. Brockway's property line. IO.B. REOPENING OF THE CUL-DE-SAC AT THE EASTERLY END OF MONTEGO STREET: COOPERATIVE PROJECT BETWEEN LUCIA MAR UNIFIED SCHOOL DISTRICT AND CITY OF ARROYO GRANDE Mayor Millis said he may have a conflict of interests and left the room. Mayor Pro Tem Moots presided. . Mr. Christiansen referred to the February 22, 1991 Staff Report of Mr. Karp, who recommended that the Council consider a neighborhood request to support the reopening of the cul-de-sac turnaround at the easterly end of Montego Street; and if the Council desires to have the turnaround reopened, authorize expenditure of appropriate funding to reimburse the school district for reconstruction of fencing at the cUl-de-sac. Mr. Christiansen said the reopening would alleviate traffic turn-around problems. He said the cost would be $1,500. ' It was moved by Dougall/Smith, and the motion passed to approve the recommendation. Mayor Millis returned to the dais. 11. WRITTEN COMMUNICATIONS None. 12. ORAL COMMUNICATIONS None. CLOSED SESSION None. ADJOURNMENT l It was moved by Moots/Dougall, and the motion passed to adjourn the meeting at 9:35 P.M. - l1:?n<L MOx . HI IS, ~~R ATTEST: ~ a. ~ NANCY A. AVIS, CITY CLERK I , I , 7