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Minutes 1999-12-14 MINUTES - REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 14,1999 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANI?E, CALIFORNIA 1, CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7:00 p,m, 2. ROLL CALL City Council: -X- Council Member Runels X-Council Member Tolley -X- Council Member Dickens -X-Mayor Pro Tern Ferrara -X-Mayor Lady Staff Present: -X-City Manager -X-City Attorney lLJ)irector of Administrative Services _Chief of Police -X-Director of Building and Fire lL..Pirector of Community Development lLJ)irector of Public Works lLJ)irector of Parks and Recreation lLJ)irector of Financial Services -X-Chief Building Inspector -X-Contract Planner 3, FLAG SALUTE Members of Cub Scout Den 1, Pack 13, led the Pledge of Allegiance. 4, INVOCATION Pastor Joe Bubar, Grace Bible, Arroyo Grande, delivered the invocation. 5, SPECIAL PRESENTATIONS 5,a, PROCLAMATION - HARVEST BAG. INC, Mayor Lady presented a proclamation honoring The Harvest Bag, Inc, for providing volunteer hours to collect and distribute food to needy citizens in the area. Herman Olave accepted the Proclamation, -, u_____ - CITY COUNCIL MINUTES DECEMBER 14,1999 - Council Member Runels acknowledged Mr, Olave for his efforts involving Harvest Bag, Pat Collins, Secretary for Harvest Bag, expressed appreciation on behalf of Harvest Bag, Inc, for the recognition from the Council, She invited t~e Council to the collection and distribution of food items on Wednesday, December 15, 1999, 6. AGENDA REVIEW None, 6,a, RESOLUTIONS AND ORDINANCES READ IN TITLE ONLY Council Member Dickens moved, Council Member Runels seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. PUBLIC HEARING 7,a, APPEAL OF PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO, 99-014 Contract Planner Prutch highlighted the staff report, Staff recommended the City Council take tentative action either upholding or denying the appeal of the Planning Commission's denial of Conditional Use Permit No, 99..014 and direct staff to return with an appropriate Resolution, After being assured that the public hearing had been duly published and all legal requirements met, Mayor Lady opened the Public Hearing. Terry Orton, representative for the applicant from Westland Engineering, spoke in favor of the project. He distributed to the Council a list of existing sites within the City that have approved secQnd dwelling units, He commented that the project met all the requirements and was not an unusual request. He explained that there was adequate water for the project, He stated that he had prepared the design of the private road which met the requirements for the amount of traffic on the road, He stated the Council had two options; Option #1 would be to grant the permit as requested by the applicant, and Option #2 would be to approve the unit without the kitchen and use it as an auxiliary part of the structure, He said the applicant was not in favor of the latter option, Leona Wahl, 135 Tally Ho Road, spoke in opposition to approving the Conditional Use Permit for a second dwelling unit at 137 Tally Ho Road, She expressed concerns relating to increased traffic generated by the second unit; adverse impacts to the surrounding neighborhood; safety relating to children playing in the area; lack of visibility caused by the construction and placement of a six foot fence which obstructs the view of on-coming traffic on Tally Ho Road; the proposed parking for the second unit; drainage from the surrounding hills; concerns about tenant turnover in the second unit; and the overall change in the neighborhood which did not increase her sense of security, 2 CITY COUNCIL MINUTES DECEMBER 14,1999 - Council Member Tolley asked Ms, Wahl what was currently being constructed at the back of her property. Ms, Wahl responded that it was a garage with a play area, Don Newman, 504 Via La Barranca, spoke in opposition of the project. He said it was his understanding that the Conditional Use Permit for the older existing structure was supposed to be issued before construction began, He spoke about issues on prior projects for which the applicant may not have received permits in the proper sequence, He also spoke about the drainage easement through his property for the drainage from all the houses in the neighborhood, and his responsibility for maintaining it. He expressed concerns about the dangers of the open ditch. Alicia Garcia, 139 Tally Ho, stated she strongly objected to the second residential unit. She agreed with the concerns expressed by Ms, Wahl relating to noise and traffic. Kenneth Hill, 141 Tally Ho, spoke in opposition to the second residential unit and agreed with the previous speakers. He commented that the applicant started the project before receiving the permits. He said that the slope in the backyard was so steep that the applicant installed a retaining wall which undermined a neighbor's driveway and had not yet been fixed, He made comments on issues relating to the electrical panel, gas meter, parking, traffic, and the narrow driveway, Gerald Weaver, attorney representing the applicant, stated that the staff report hopefully cleared up any confusion about the project. He said his client had not done anything without a permit or done anything unusual, He referred to a similar project built by Ken Pineo which was similar to this project. He said there were two .separate projects on the site; the building of the new house which was built to approved plans, and the building of the separate second unit. He said the Conditional Use Permit was being heard at this required Public Hearing which was noticed appropriately, He said there was a cash bond to ensure that conditions of approval were met. He responded to Mrs. Garcia's concerns about traffic and asked if she was advertising to rent a room at her residence, He commented that the road to the project was a private road, not a driveway, and it is under a maintenance agreement, He said it was not up to the City to get involved in whatever disputes private road easement holders have, He commented that traffic impact fees were being paid to address traffic impacts on Tally Ho Road. He stated he did not understand why the Planning Commission denied the Conditional Use Permit. He also commented that the City had not even come close to meeting its affordable housing inventory of which this unit would apply. Terry Orton, Westland Engineering, responded to Mr, Newman's comments relating to requirements for a public hearing, and comments relating to 3 -~--_..- -"~. CITY COUNCIL MINUTES DECEMBER 14, 1999 - procedures taken on prior projects, .He stated the applicant had come before the Council as required and had received approval by the code, He also commented on drainage issues, Steve Carroway, 1030 Coffee Lane, commented he had just moved from an area that has a lot of granny units and caused him to lose his home, He said perhaps the solution to this problem was zoning for this type of housing separated from low-density housing, Hearing no further comments, Mayor Lady closed the Public Hearing, Council Member Tolley commented on the issue of using the second unit as a rental unit. He stated that the owners would be very selective on who lived in the second unit because they live on the same lot. He stated that the project should be based on an interpretation of the Development Code and General Plan, He said the Planning Commission had some good issues, such as whether the project affected the City's water supply, He said the Water Master Plan accounts for second residential units, Council Member Tolley also commented on the affordable housing issue, He stated he would uphold the appeal of the Planning Commission's decision, Council Member Runels stated the concept of a second unit is a good thing. He commented that when big lots are created, at some point in time these projects are going to come up. Council Member Dickens stated he had gone to review the site and had compared it to the Pineo site. He said he differed with Mr. Weaver the fact that they were comparable properties, He commented that if the Conditional Use Permit for the second unit were denied, it could still be used as a granny unit. He said the neighborhood was unique due to the private driveway with no curbs and gutters, He said his biggest problem was with the parking issue, and that the applicant had not satisfied the building code for providing covered parking. He was in favor of supporting the Planning Commission's vote, Mayor Pro Tern Ferrara addressed the condition which requires the applicant to enter into a recordable agreement affecting real property, and questioned the enforcement issue once the document was recorded, He asked if the Water Master Plan specifically stated that it is inclusive of the 50 additional secondary units. He commented on the issues relating to parking, the slope of the property which limits building space; concerns that the intent of the General Plan was to bisect Rural Residential zoning with second residential units; affordable housing requirements; tenant and transient issues; and more favorable uses for the second unit such as for a student or art studio. He supported the Planning Commission's decision, Mayor Lady acknowledged the concern of finding and providing affordable housing in the City; however, he was not certain that this project was appropriate 4 CITY COUNCIL MINUTES DECEMBER 14,1999 _ for that purpose, He stated that t~e arguments presented tonight and at the Planning Commission meeting made it difficult to overlook some of the concerns from the existing neighbors in the area, He supported the . Planning Commission's decision. Council Member Tolley said there had been talk about the Development Code and the parking and he read a portion of the Development Code for the record relating to parking for second residential units, He said that making an interpretation of this section of the Code was not real clear about how to designate parking spaces, He suggested that this section of the Development Code be revisited in the future. He also expressed additional concerns about the affordable housing issue, and reiterated that the owners of the primary residence would be very selective about prospective tenants. Council Member Dickens moved to uphold the Planning Commission's denial of Conditional Use Permit No, 99-014, Mayor Pro Tem Ferrara seconded the motion, _Voice Vote LRolI Call Vote Aye Lady Aye Ferrara Aye Runels No Tolley Aye Dickens There being 4 A YES and 1 NO, the motion is hereby declared to be passed, Staff will return with the appropriate Resolution for Council action at the meeting of January 11, 2000, . 8, CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS John Wysong, 1660 Brighton, Grover Beach, spoke in favor of the South County cities merging certain City services such as parks and recreation, and coordinating efforts relating to traffic, specifically with regard to Oak Park Boulevard, 9. CONSENT AGENDA Council Member Runels stated he would like to make comments relating to Item 9,h, Council Member Dickens requested pulling Item 9,g, for discussion and clarification. Council Member Tolley moved and Council Member Runels seconded the motion to approve Consent Agenda Items 9,a, through 9.q, with the exception of Items 9,g. and 9,h., with the recommended courses of action~ 5 .--- " u_ CITY COUNCIL MINUTES DECEMBER 14, 1999 a. Cash Disbursement Ratification, Approved, b, Statement of Investment Deposits, Approved. c, Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund, Approved. d, Minutes of City Council Meeting of November 23, 1999, Approved. e, Cancellation of December 28,1999 City Council Meeting, Approved. f, Annual Financial Report - Fiscal Year 1998-99 Receipt and Use of Water and Sewer Development Fees/Charges, Approved. i. Grand Avenue, Elm Street to Halcyon Road, Project No, 60-70-90-98-6, Progress Payment No, 5. Approved. j. Master Agreement for State Funded Projects and Program Supplement Agreement for the Grand Avenue, Elm Street to Halcyon Road, Capital Improvement Project. Adopted Resolution Nos. 3417 & 3418, k, Scenic Creekside Walk Through the Historic Village of Arroyo Grande, Phase 1A, Project No. 90-97-02, Progress Payment No, 2 and Notice of Completion, Approved, I, Fair Oaks Avenue Waterline Improvements, Project No. 60-98-5, Progress Payment No.2, Approved. m, Council Chambers Parking Lot, Project No. 80-99-1, Progress Payment No, 1, Approved. n, Fall 1999/2000 Pavement Management Project, No, 90-99-4, Progress Payment No, 2 and Notice of Completion, Approved, 0, Lot Line Adjustment AGAL 99-116; 1597 Chilton Street: Public Utility and Street Tree Easements, Adopted Resolution No, 3419. p. Rite-Aid: Bus Easement on Grand Avenue, Adopted Resolution No. 3421. q. Adoption of a Resolution Accepting Negotiated Exchange of Property Tax Revenue and Annual Tax Increment Within San Luis Obispo County, and South San Luis Obispo County Sanitation District for Annexation No, 28 (Village Glen), Adopted Resolution No. 3420. _Voice Vote LRolI Call Vote Ave Lady Ave Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed, 9,Q, AUTHORIZATION TO ISSUE BUSINESS LICENSE FOR VENDOR USING PUBLIC RIGHT -OF-WAY Council Member Dickens asked for clarification that the City currently did not have a vendor ice cream truck in the City, 6 CITY COUNCIL MINUTES DECEMBER 14,1999 - Financial Services Director Snodgrass replied that the City did not have a licensed ice cream truck vendor; however, there were trucks coming into the' City from Oceano. Council Member Dickens stated that the vendor would be interacting with youth on a daily basis and inquired whether the City had the ability to require any formal screening process for the drivers, City Attorney Carmel responded that there was not a procedure in the r,IIunicipal Code; however, the Council could impose criteria to screen employees. There was discussion about the screening process required prior to hiring City employees who work closely with children such as in the Parks and Recreation Department, Council Member Dickens suggested granting a temporary Business License and bringing the issue back for review, Mayor Pro Tern Ferrara remarked that he had previous experience dealing with street vendors, and he agreed that a provision should be put in place requiring a criminal history on all street vendors, particularly with youth oriented businesses, Council Member Dickens moved to approve the issuance of a temporary Business License for the vendor using the public right-of-way and direct staff to .bring back a detailed outline on the City's ability to strengthen the screening process for an ice cream vendor within the City limits within 60 days, Council Member Runels seconded the motion. - Voice Vote LRolI Call Vote Aye Lady Ave Ferrara Ave Runels Aye Tolley Ave Dickens There being 5 AYES and 0 NOES, the motion is hereby declared to be passed, 9,h. AUTHORIZATION TO SOLICIT BIDS - HYDROSEED OF VOLUNTEER, IKEDA, AND PORTER FIELDS Council Member Runels commented that over the last several years the City has used hydroseed on several of the fields. He said the sod project on the Volunteer and Ikeda fields was a disaster, and the hydroseeding last year at Don Roberts Field was suspect. He said the City had the ability and machine in place to hydroseed its own fields. He suggested it might be a good idea next year for the City to buy seed in June or July in order to have it on hand when the fields are closed down and there is time to plant and fertilize the fields, 7 -_.,._._-~-_._--~" .-'- CITY COUNCil MINUTES DECEMBER 14, 1999 Council Member Runels moved to authorize the solicitation of bids for hydroseeding of Volunteer, Ikeda, and Porter fields at the Soto Sports Complex and authorize the City Manager to award the bid, Council Member Tolley seconded the motion, _Voice Vote LRolI Call Vote Aye lady Aye Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be .passed, 10, CONTINUED BUSINESS 10,a, BRISCO ROAD/HALCYON ROAD/ROUTE 101 PROJECT STUDY REPORT, Director of Public Works Spagnolo highlighted the staff report, He explained the report contains project alternatives including the scope of each alternative; estimated project costs; projected traffic volumes; and roadway geometrics or the configurations of the alternatives to address traffic impacts at the interchange, He stated the City had recently applied for and received $150,000 for advanced development funds through SlOCOG to prepare a project report which would address the environmental and right-of-way issues for each project alternative. Council Member Dickens asked for clarification that the Council was being requested to approve the draft document for distribution for a 30-day publi~ review period, He asked if the Council should wait to make comments until after the 30-day period. Director Spagnolo responded that comments could be submitted during the 30 day period to Public Works so that written responses could be prepared, He referred to page 4 and page 16 of the document relating to the STIP funding cycle and asked if this referred to the year 2002 STIP funding cycle, ~irector Spagnolo responded that was correct. Mayor Pro Tern Ferrara commented if issues should arise regarding the level of Service issue or feasibility of some of the alternatives during the review period, it was unlikely that any modifications or changes would be made to the plan without another hearing. 8 '- CITY COUNCIL MINUTES DECEMBER 14, 1999 _ Director Spagnolo explained that staff did not intend to make significant changes to the document, and it would be brought back to the Council in 30 days for review, comment, and consideration, There was discussion on the timing issues relating to securing funds for the project. Mayor Lady opened up the discussion for public comments. Carol Roberts, reporter for The Tribune, asked when the Council would consider an alternative for the project. City Manager Hunt responded January 25, 2000, C,Z, Brown, 350 Old Ranch Road, said he had been up on, the Mesa looking around, He was pleased to hear that the Brisco project was the City's number one priority, due to the increase in development occurring up on the Mesa,' Hearing no further public comments, the Mayor closed the public discussion, Council Member Tolley moved to authorize the distribution of the draft Brisco Road-Halcyon Road/Route 101 Project Study Report (PSR); and direct staff to return in approximately 30 days with a summary of public comm~nts, make any modifications deemed necessary or appropriate, and approve the Brisco Road- Halcyon Road/Route 1 01 PSR. Council Member Dickens seconded the motion, LVoice Vote - Roll Call Vote Aye Lady Ave Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed, 11. NEW BUSINESS Council Member Tolley announced that he no longer had a conflict of interest ""ith regard to the next item, 11,a. RECOMMENDED DONATIONS FOR RANCHO GRANDE PARK ADOPT A BENCHIT ABLEITREE PROGRAM Director of Parks and Recreation Hernandez highlighted the staff report. Council Member Runels asked if the BBQ pits would be vandal proof, 9 ----.----.----.--......-- -_--1 CITY COUNCIL MINUTES DECEMBER 14,1999 _ Director Hernandez responded that t~e BBQ pits were made of solid concrete and were graffiti-proof. Mayor Pro Tern Ferrara asked if there was a mechanism in place if a member of the community wanted to donate labor and/or materials for the BBQ's and fire pits. Director Hernandez replied that the proposed BBQ and fire pit units come pre- assembled as a kit. He stated that a monetary donation schedule had been established and an individual would have the opportunity to purchase a bronze plaque for the unit if so desired. Mayor Lady opened up the discussion for public comments, C,Z, Brown, 350 Old Ranch Road, commended the Parks and Recreation Director for keeping on track and pursuing the Park, He offered help from the Royal Oaks community, Mayor Pro Tern Ferrara moved to approve a donation schedule for adoption of tables, benches, or trees to be installed at Rancho Grande Park, Council Member , Dickens seconded the motion, _Voice Vote LRolI Call Vote Ave Lady Ave Ferrara Aye Runels Ave Tolley Aye . Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed, 11,b. AMENDMENT OF STREET SWEEPING AGREEMENT Director of Public Works Spagnolo highlighted the staff report. He explained that several modification to the Agreement were being proposed including extending the Agreement for one year; adding the additional new equipment that Daystar has purchased; and adding eighteen new residential streets to total 4,9 curb miles, He explained that a compensation adjustment had been requested by Oaystar to increase the per curb mile cost. Council discussion included comments on the reduction of complaints; the new equipment that was keeping the dust levels down; and whether there were sufficient funds available in the Sewer 'Maintenance Fund to cover the recommended increases. 10 ---."--- CITY COUNCIL MINUTES DECEMBER 14, 1999 Director Spagnolo responded that there were sufficient funds in the existing budget to cover the increase, Mayor Lady opened up the discussion for public comments, Joseph Ramirez, 1116 The Pike, spoke in favor of approving the Street Sweeping Service Agreement. He said that he lives across the street from the Eucalyptus trees and the street sweeping service has been doing a good job clearing away the debris from the trees, Council Member Runels moved to approve the amended street sweeping service agreement with Daystar Industries. Mayor Pro Tern Ferrara seconded the motion, _Voice Vote LRolI Call Vote Aye Lady Aye Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed, 12, COUNCIL COMMUNICATIONS c Council Member Runels reported that the Zone 3 water system is Y2K compliant and that there would be a full staff on board New Year's Eve, Council Member Dickens commented on S8 483 - the removal of billboards over a seven (7) year amortization period, He suggested the Council send a letter of support for the bill to be signed by the Mayor, Council Member Dickens reported that the SCAT meeting had been postponed a week to December 22,1999, Mayor Pro Tern Ferrara referred to a copy of IWMA's education program matrix that was distributed to the Council. He asked that any concerns or comments regarding the program be relayed to the City Manager. ,Mayor Pro Tern Ferrara reported that he. received two E-mails regarding stacks of pallets, recycled cardboard, and full plastic bags laying behind the stores at the Five Cities Center, He said this was a crucial time to address and monitor the rear of the stores, and that store owners need to be reminded about keeping the area clean, 11 --------~~.- ~- CITY COUNCIL MINUTES DECEMBER 14, 1999 _ - 13, STAFF COMMUNICATIONS . City Man~ger Hunt reported that the City Engineer has accepted the Final Map for Parcel Map AG 97-142, owned by Patrick and Terry Sparrow at 423 Orchard Avenue, The subject parcel is bounded by Orchard Avenue on the west, U,S, 101 on the east, and residential development on the north and south. This is a split of one parcel of approximately 18,686 square feet in size into two parcels approximately 9,978 square feet and 9,008 square feet in size. There was no appeal by the Council. The City Engineer will approve the Final Map within ten days following the date of this meeting. . City Manager Hunt reported that the City Engineer has accepted the Final Map for Tract 1834 Unit 5, owned by the Abbey Holding Corporation, Darren Shetler, President. The Tract is located north of James Way, across from Rancho Parkway, This Tract Map divides one lot into 53 residential lots and 2 open space parcels, There was no appeal by the Council. The City Engineer will approve the Final Map within ten days following the date of this meeting, 14, ADJOURNMENT Council Member Tolley moved, Council Member Dickens seconded, and the motion passed unanimously to adjourn the meeting, Time: 9:08 p,m, ATTEST: 1JfL.R--.. ORE, ADMINISTRATIVE SERVICES DIRECTORI DEPUTY CITY CLERK 12 -,-----_...._~ --