Minutes 1996-12-10
--",.,---
.... Z4J
.
MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
TUESDAY, DECEMBER 10,1996
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
-1 ARROYO GRANDE, CALIFORNIA
SPECIAL CITY COUNCIL MEETING .'
Mayor A. K. "Pete" Dougall; Mayor Pro Tem Michael Lady; CouncIl Members Mlc~ael
Fuller, Thomas A. Runels, and Steve Tolley; City Manager Robert L. Hunt, and City
Attorney Timothy J. Carmel met at 6:30 p.m. to discuss the following:
1. CLOSED SESSION:
(a) Public Employee Performance Evaluation pursuant to Government Code Section
54957:
Title: City Manager
(b) Conference with Labor Negotiator pursuant to Government Code Section 54957.6:
Agency Negotiator: Timothy J. Carmel, City Attorney
Unrepresented Employee: City Manager
2. ADJOURNMENT: To Regular Council Meeting, December 10, 1996,
7:30 p.m., City Council Chambers
REGULAR CITY COUNCIL MEETING
1. CALL TO ORDER
The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with
Mayor Dougall presiding. He said no reportable action was taken on Items 1.a. and
1.b. in the Closed Session.
2. AND 3. FLAG SALUTE AND INVOCATION
Members of Ramona Chapter No. 97, Order of Eastern Star led the Pledge of
] Allegiance to our Flag. The Rev. Nonnan Somes of S1. Barnabas Episcopal Church of
Arroyo Grande delivered the invocation.
4. ROLL CALL
Present with Mayor Dougall were Mayor Pro Tem Lady and Council Members Fuller,
Runels, and Tolley. Staff members present were City Manager Hunt, City Attorney
Carmel, City Clerk Nancy A. Davis, Community Development Director Doreen Liberto-
1
-- - -----------...........- - _.~"'^
,44 ~-
~
CITY COUNCIL MINUTES
DECEMBER 10, 1996
Blanck, Director of Building and Fire Terry Fibich, Public Works Director John Wallace,
. Associate Planner Lori Rosenstein, and Chief of Police Rick TerBorch. [
5. SPECIAL PRESENTATIONS
Mayor Dougall presented Honorary Proclamations to Police Commander William C.
Andrews and Chief Building Inspector John A. Richardson, both of whom were retiring
from their work at the City.
6. AGENDA REVIEW
City Manager Hunt said additional material relating to Item 7.a. had been distributed to
the Council.
6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y
It was moved by Lady/Runels and the motion passed unanimously that all resolutions
and ordinances presented at the meeting be read in title only and all further reading
be waived.
7.A. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DETERMINATION-
INCOMPLETE APPLICATION: APPLIED FOR BY TATSUMI KAWAOKA
Associate Planner Rosenstein said an appeal has been filed by Burtram Johnson, on
behalf of Tatsumi Kawaoka, pursuant to Development Code Section 9-02.150. She
said the appellant contends the application submitted for a General Plan amendment
is complete and the determination by both the Planning Commission and the
Community Development Director that the application also requires the concurrent
processing of a Development Code amendment is unlawful.
After being assured that the Public Hearing had been duly published and all legal
requirements met, Mayor Dougall declared the hearing open and said all persons
would be heard regarding the matter.
Mr. Johnson, whose office is in Santa Monica, spoke to the Council in favor of the
appeal.
When no one further came forward to speak, Mayor Dougall closed the hearing to the
floor. l
After Council discussion, it was moved by Tolley/Fuller (5-0-0, Tolley, Fuller, Runels,
Lady, and Dougall voting aye) to adopt Resolution No. 3190 Denying the Appeal of the
Planning Commission's Determination of Incomplete Application; Appellant: Burtram
Johnson, On Behalf of Tatsumi Kawaoka.
2
. ..--- 245
J
CITY COUNCIL MINUTES
DECEMBER 10, 1996
7.8. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION RESOLUTION NO.
l . 96-1589. CONDITIONS OF APPROVAL NO. 38 AND 39 FOR LOT LINE
ADJUSTMENT CASE NO. 96-531: LARRY GIN AND PETER KEITH
I Community Development Director Liberto-Blanck said on November 19, 1996 the
I Planning Commission approved a lot line adjustment case applied for by Peter Keith
i
and Larry Gin (Corinthian Home Builders), subject to 86 conditions of approval. She
said the appellants were appealing Public Works Department Conditions of Approval
No. 38 and 39 requiring vehicular access from Farroll Avenue and South Elm Street.
She said conditions essentially require all vehicular access to b~ taken off the interior
street.
After being assured that the Public Hearing had been duly published and all legal
requirements met, Mayor Dougall declared the hearing open and said all persons
would be heard regarding the matter.
Speaking to the Council in favor of the appeal were Stephen Cool, attorney for the
appellants, and Louis and Craig Caballero, engineers on the project.
John Keen, member of the Planning Commission, spoke against the appeal.
When no one further came forward to speak, Mayor Dougall closed the hearing to the
floor.
After Council discussion, it was moved by Lady/Runels to uphold the appeal and
delete Conditions of Approval No. 38 and 39. After discussion with staff concerning
his objective to allow modification of the conditions, Mayor Pro Tern Lady withdrew
that motion. He made a new motion, seconded by Council Member Runels, to keep
Condition No. 38 and modify Condition No. 39 to make it as originally worded, that is
providing access for Lots 8-11 by a single common driveway easement off the internal
street or by a maximum of two common driveways off Farroll Avenue.
On a roll call vote Mayor Pro Tern Lady and Council Member Runels voted aye and
Council Members Tolley, Fuller, and Mayor Dougall voting no. The motion did not
pass.
J It was moved by FullerfTolley (3-2-0, Fuller, Tolley, and Dougall voting aye and Lady
and Runels voting no) to adopt Resolution No. 3191 Denying the Appeal of Conditions
of Approval No. 38 and 39 of Lot Line Adjustment Case No. 96-531, 543 South Elm
Street; Appellants: Peter Keith and Larry Gin.
3
..__...~-~._-_. -----.._---_.._--.----,_..---
246 "
CITY COUNCIL MINUTES
DECEMBER 10, 1996
8. PUBLIC COMMENT PERIOD
Don Gullickson, 513 East Cherry Avenue, thanked the City and Dechance [
Construction for the work done and consideration given to residents during the water,
sewer, and street project on Cherry Avenue. He asked that street striping be
completed.
9. CONSENT AGENDA
It was moved by Fuller/Lady and the motion passed unanimously to approve Consent
Agenda Items 9.b. through 9.k., with the recommended courses of action.
9.b. Cash Disbursement Ratification. Approved.
9.c. Statement of Investment Deposits. Approved.
9.d. City Investment Policy Review. Staff recommendations approved.
9.e. Award of Installation of Opticom Devices, Project No. 90-96-6. Staff
recommendations approved.
9.1. City Council Meeting of December 24, 1996. Approval was given for the
cancellation of the December 24th meeting.
9.g. Approval to Purchase Computers and Equipment. Staff recommendations
approved.
9.h. Cherry Avenue, Project No. 60-70-90-96-4 Final Progress Payment to Dechance
Construction Co., Inc. and Change Order NO.2. Staff recommendations approved.
9.i. Hillcrest - Rancho Grande Pressure Zone Connection, City Project No. 60-96-6,
Progress Payment No. 1 to Dechance Construction Co., Inc. and Contract Change
Order No.1. Staff recommendations approved.
9.j. Bikeway Project Two, Project No. 90-96-2, Progress Payment NO.3 to A. J. Diani
Construction Co., Inc.; and Contract Change Order No.2. Staff recommendations
approved. I
9.k. Rejection of Claim Against City by Jacqui King. Claim was rejected. l~
It was moved by Fuller/Lady and the motion passed to approve Consent Agenda Item
9.a., with the recommended course of action. Council Members Runels and Tolley
4
- -- 24f
CITY COUNCil MINUTES
DECEMBER 10, 1996
abstained on this item.
-") 1 O.A. POSSIBLE RESTRUCTURING OF COMMISSIONS. BOARDS. AND
I
J COMMITTEES
City Manager Hunt said Mayor Dougall, at the City Council meeting of July 9th,
introduced a proposal to reduce those Boards and Commissions with seven (7)
members to five (5) members. He said based on Council direction at its meeting of
November 26th, the issue of restructuring the City's Boards and Commissions was
being returned to the Council for consideration.
Bill Tappan, 1525 Chilton Avenue, spoke to the Council against the restructuring.
After Council discussion, it was moved by lady/Runels (5-0-0, lady, Runels, Tolley,
Fuller, and Dougall voting aye) to introduce for first reading an ordinance Amending
Portions of the Arroyo Grande Municipal Code to Restructure Certain City
Commissions, Boards, and Committees.
Mr. Hunt recommended the Council review a resolution establishing Council policy as
it relates to the appointment procedure to the various City Boards and Commissions
and take action on the resolution on January 14, 1997, the time of the second reading
and adoption of the ordinance.
11.A. AWARD OF BID - REPLACEMENT OF PAVEMENT. WATER. AND SEWER
IMPROVEMENTS IN BRIDGE. NELSON. AND SHORT STREETS PROJECT NO. 60-
70-90-96-5
Public Works Director Wallace said the bids on the Bridge, Nelson, and Short Streets
project were opened September 4th, but the business owners in the area asked for a
delay of the project until after the holidays on January 2, 1997. He said there will be a
total reconstruction of the streets.
After Council discussion, it was moved by lady/Fuller and the motion passed
unanimously to approve staff recommendations, as follows:
J 1. Award the Bridge, Nelson, and Short Streets construction contract to Spiess
Construction Co., Inc. in the amount of $334,191.40;
2. Authorize a contingency of $33,419.14 (10 percent) for use only if needed for
unant!cipated costs (Le. changes in field conditions) during the construction phase of
the project (Total project construction cost= $334,191.40+33,419.14=$367,610.54);
5
248 ..........
CITY COUNCIL MINUTES
DECEMBER 10, 1996
3. Allocate $76,210.54 of Urban SHA Funds,$156,700 from overall project cost
. savings realized from the Cherry Avenue Improvements Project, and $14,600 from r
design cost savings realized from the Rancho Grande-Hillcrest Pressure Zone
Connection Project (Water Fund);
4. Direct staff to issue the Notice of Award and Notice to Proceed in accordance with
the Contract Documents.
11.8. REQUEST BY THE PLANNING COMMISSION TO AMEND THE
DEVELOPMENT CODE TO ALLOW THE CONVERSION OF SINGLE-FAMILY
STRUCTURES TO SECOND DWELLING UNITS
Community Development Director Liberto-Blanck said on December 3, 1996, the
Planning Commission adopted a resolution recommending that the City Council direct
staff to initiate a Development Code amendment in order to establish specific .
provisions allowing for the conversion of legally existing single family structures to
second residential units. She said in early November, staff received a request from
Mr. Jim Harris to convert his grandmother's existing nonconforming single family
residence at 615 Myrtle to a second dwelling unit and construct a larger primary
dwelling unit for his famnily on the rear portion of her lot.
The Community Development Director recommended staff be authorized to initiate a
Development Code amendment to allow the conversion of existing single family
structures to second dwelling units and authorize staff to proceed with the processing
of any request for a conditional use permit involving the conversion of existing single
family structures to second dwelling units, while the changes to the Development Code
are being processed.
Speaking in favor of the Development Code amendment were Jim Kessler, contractor,
and Mr. Harris.
Council Members discussed with the City Attorney the request by the applicant. to
apply for a building permit. Mr. Carmel suggested making approval of the issuance of
the building permit specifically contingent on:
1. The processing and approval of the appropriate Development Code amendments, r
2. The processing and approval of the Conditional Use Permit for the proposed l ~
second residential unit on the property, and
3. The receipt of a signed letter from the applicant confirming the first two points.
6
-
~ 24~
CITY COUNCIL MINUTES
DECEMBER 10, 1996
It was moved by FullerfTolley and the motion passed unanimously to authorize staff to
- prepare the Development Code Amendment including the City Attorney's comments
I
and conditions as stated.
.' Mayor Dougall discussed with staff how to amend the Development Code to limit
Planning Commission review of proposed changes to the Code to land use issues.
Mr. Carmel said no action could be taken at this meeting on this matter but the
Council could direct staff to come back with an amendment to the Development Code.
There was Council consensus to do so.
11.C. COUNCIL APPOINTMENTS TO OUTSIDE COMMISSIONS AND BOARDS
City Manager Hunt said with the seating of a new City Council, it was an appropriate
time to make appointments to the various Boards and Commissions that have Council
representation. He said options included filling vacancies, making reappointments,
and/or selecting new assignments.
Council Members made the following selections, with the primary representative listed
first and the alternate second:
South County Area Transit - Lady, Dougall
Council of Governments/Regional Transit Authority - Lady, Dougall
City Selection Committee - Dougall, Lady
South San Luis Obispo County Sanitation District - Dougall, Lady
Integrated Waste Management Authority Board - Fuller, Runels
Zone 3 Water Advisory Board - Runels, Fuller
County Water Resources Advisory Committee - Runels, Fuller
Air Pollution Control Board - Fuller, Runels
South County Youth Coalition - Tolley, Fuller
Long Range Planning Committee - Tolley, Fuller
227 Subcommittee - Fuller, Runels
Economic Development Committee - Dougall, Lady
Mobile Home Rent Review Board - Tolley, Dougall
Community Agricultural Support Program - Tolley, Runels
Rubbish Rate Increase Committee - Fuller, Dougall
J 12. COUNCIL COMMUNICATIONS
None
13. STAFF COMMUNICATIONS
None
7
250 ~..........
CITY COUNCIL MINUTES
DECEMBER 10, 1996
14. ADJOURNMENT
It was moved by Fuller/Lady and the motion passed unanimously to adjourn the r
meeting at 9:48 p.m.
A. K. "PETE" DOUGALL, AYOR
ATTEST: '1l~a. ~
NANCY A. 'A VIS, CITY CLERK
,
I
l -"
8