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Minutes 1995-04-25 . . 459 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 25, 1995 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 A. K. "Pete" Dougall presiding. 1. AND 2. FLAG SALUTE AND INVOCATION Arroyo Grande Post 136 of the American Legion, Chuck Comstock led the Pledge of Allegiance to our flag. Mayor Dougall delivered the invocation. 3. ROLL CALL Present with Mayor Dougall were Council Members Michael Fuller, Michael Lady and James Souza. council Member Drew Brandy was absent. Staff members present were Acting City Manager Doreen Liberto-Blanck, City Attorney Roger Lyon, Interim Public Works Director John Wallace: Parks and Recreation Director John Keisler, Finance Director David Bacon and Current Planner Scott Spier ling. 4. ORAL COMMUNICATIONS ALTON JONES, 1189 Flora Road, thanked the Council for listening to his comments two weeks ago. However, he did have a few more comments to make. He stated that two years ago he went into a bank in Santa Maria and asked the manager how business was. She said "bad". People with money are moving out of California and taking their money with them. He stated that last week he went into a bank in Arroyo Grande and asked "how was business?" The answer was "not good". People with money are taking their money out of the bank and leaving California. He said this is true and it is happening because of high taxes, stupid regulations, unfair laws, and infringement upon private property rights. Mr. Jones stated that the State of California is taking part of his property in Arroyo Grande for the state water pipeline. The compensation for the property is very low because of the value of the property. Why is the value so low? Mainly, because the Arroyo Grande city Council has down-zoned their property over the years time after time. 'l'he council had adhered to the erroneous idea that it has the right to devalue private property for the public good. He commented that what the previous Council had done had hurt him and his family. He stated he had a serious and legitimate complaint. He further stated that 15% of the people feel that the government is representing their views according to a survey completed last Monday. That leaves 85% of the people without representation. This cannot last in a democratic society. He suggested that the Council change its philosophy and re-examine all the radical positions that the previous Council had taken, and take a more moderate position. 1 4'6 O' CITY COUNCIL MINUTES April 25, 1995 5. SPECIAL PRESENTATIONS a. Proclamation. "Yangtze River Patrol Association Day," April 25. 1995. A proclamation was read by Mayor Dougall proclaiming April 25, 1995 as a day of recognition honoring the "Yangtze River Patrol Association". The proclamation was accepted by President Pitmer. b. Proclamation. "Arbor DaY." April 28. 1995. Mayor Dougall read a proclamation designating April 28, 1995 as Arbor Day. Crystal Watkins and Heidi Simila, students from Paulding Middle School, and Parks and Recreation Director Keisler received the proclamation. Mr. Keisler advised that ceremonies will be held at 9:45 a.m. on April 28th at the Paulding Middle School campus. He stated that six trees will be planted and will enhance the campus and the community. He invited council, staff and members of the audience to attend. --- c. Proclamation, "Head start Month," May 1995. Mayor Dougall read a proclamation proclaiming the month of May, 1995 as "Head start Month" acknowledging the excellent contributions of this organization in the community. The proclamation was accepted by the local Head Start Assistant Director. 6. CONSENT AGENDA. It was moved by Souza/Lady, and the motion passed unanimously to approve Consent Agenda Items 6.a. through 6.d., with the recommended courses of action. 6.a. April 4, 1995, Joint City council and Planning Commission Minutes. APPROVED 6.b. April 11, 1995, city council Minutes. APPROVED. 6.c. Reversion to Acreage: Case No. 94-519: Parcel Map 94-053: 319 and 351 South Elm street: People's Self Help Housing Corporation. APPROVED AND ACCEPTED. 6.d. Designation of Planning Director to Make certain Determinations for Issuance of Alcoholic Beverage Control Licenses per Section 23958.4 of the Business and Professions Code. APPROVED DESIGNATION. 7. REGISTER OF CHECKS. It was moved by Lady/Fuller, and the motion passed unanimously to approve Cash Disbursements in the amount of $843,497.18, as listed in the April 20, 1995 staff report of Finance Director Bacon. 2 - 461 CITY COUNCIL MINUTES April 25, 1995 8. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION API:?ROVAL THAT REOUIRES THE DEVELOPMENT OF A ROAD STUB FOR A FUTURE THROUGH STREET TO ADJACENT UNDEVELOPED PROPERTY TO THE WEST (OWNED BY ED DORFMAN), AS OPPOSED TO CONSTRUCTING A CUL-DE-SAC STREET AS PROPOSED BY THE DEVELOPERS: LOT LINE ADJUSTMENT CASE NO. 95-523: 1081 FARROLL AVENUE: APPELLANT: ED DORFMAN. Acting City Manager Liberto-Blanck advised that on March 21 1995, the Planning commission approved a Lot Line Adjustment subject to 31 conditions of approval. Ed Dorfman is appealing Condi tion Number 16 that requires a redesign of the project to replace the pr9posed cul-de-sac with a knuckle, looping the street to the property just west of the project. She stated that Mr. Spierling will provide an overview of the project and a brief review of the history of the property. Current Planner Spierling said that in 1908 the Board of supervisors approved the map called Beckett's Addition to Oceano. The map subdivided the area between South Elm Street and South Halcyon Road and between the Pike and Farroll Avenue. '1.'he subdivision created blocks comprised of 25 foot wide lots. In total, 30 blocks, 986 lots and 9 streets were created. After the tract was recorded, large portions were sold through metes and bounds descriptions. These descriptions took no notice of the locations of the lots and blocks, resulting in fragmentation of many lots. Mr. Spierling stated that through the years, many of these portions of the original tract were re-subdivided into lots that conformed with the zoning and general plan designations that were in effect at the time. However, several large portions of the original tract along Farroll Avenue that are still in existence have not developed, and the underlying 25 foot wide lots still exist. Mr. spierling advised that on February 7th of this year, the Planning commission approved an application by the Farroll Road Group at 1131 Farroll Avenue to resubdivide a portion of this property. On March 21st of this year, the Planning Commission approved another lot line adjustment for Larry Gin and Peter Keith. He stated that the appellant, Ed Dorfman, is appealing Public Works Condition of Approval Number 16, modified by the Planning Commission, to require the Gin/Keith project to provide a road stub that may be extended with future development. Mr. Dorfman owns property adjacent to the Gin/Keith property and has an interest in the Farroll Road Group property located at 1131 Farroll Avenue. He has indicated that he plans to continue the road from the Farroll Road Group project to his property and then out to Farroll Avenue. 3 462' CITY COUNCIL MINUTES April 25, 1995 Mr. Spierling pointed out that Mr. Dorfman's planned road alignment has been reviewed as a pre-application review, but he has not formally submitted any applications or received any city approvals. Mr. spierling said alternative actions available to the City Council were to ( 1 ) deny the appeal and uphold the Planning Commission's action; or (2) uphold the appeal and delete condition of approval #16. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Dougall declared the hearing open and stated that all persons would be heard regarding the matter. Mr. Dorfman, 289 LaCresta, Arroyo Grande, stated what they intend to do is the loop street. He stated the condition placed on the Gin/Keith project forces unwanted changes to his proposed project and places the associated costs on him. He said Mr. Gin and Mr. Keith will get the same number of lots whether they have a cul-de-sac or a through street. He said they asked the City for a cul-de-sac because they felt it was better than a through street, and they knew from our meetings that I would be the one who would be negatively impacted by the through street. He stated it is unfair for the City to burden a neighbor with all of the costs and design impacts to make someone else's property better. Referring to cul-de-sacs, Mr. Dorfman stated that there are cul-de-sacs allover the city with varying lengths and, among all of the cul-de-sacs, there are at least a dozen longer than 500 feet. Regarding Fire Department and Police Department concerns, Mr. Dorfman stated that the Staff Advisory Committee did not recommend to the Planning Commission that there be a through street. One of the reasons they did not do so was because the Fire Department and Police Department could work with the alignment. He further stated that the main possible rationale for connecting the two projects could be fire and safety, however our staff professionals have not agreed to or requested the connection be made. Mr. Dorfman stated that the Planning Department has seen fit to re-design the project, stating that no lots would be lost. However, their proposal will take four of the nicest lots designed to work with specific plans, and replace them with four lots of minimum size that his plans will not fit on, and add 5,000 or 6,000 feet of pavement and sidewalk. 4 463 CITY COUNCIL MINUTES April 25, 1995 , Mr. Dorfman introduced John Belsher, his legal counsel, to talk about some of the issues. John Belsher spoke on behalf of Mr. Ed Dorfman, stating he felt that Mr. Dorfman had adequately outlined the planning considerations that the Council had been asked to take into account. He referred to a couple of legal issues he had discussed with the City Attorney. First, Mr. Belsher stated this was a lot line adjustment and was a different matter than a subdivision map or conditional use permit, in that there is only limited discretion in conditioning projects. He said, generally, in lot line adjustments there are limitations on what the property owner can achieve, and there are limitations on the type of conditions and the extent of conditions that the City can require. He said in this case, the findings the Council is being asked to approve would require finding that this condition of a through street is necessary and desirable. He said "necessary" is more of a factual determination; is it necessary to facilitate the relocation of existing easements? Mr. Belsher pointed out that the paper streets that exist on Mr. Dorfman's project and on the Gin/Keith project do not exist. He said they may exist as private easements, but the streets shown on the diagram were abandoned in 1925, and there are no easements to relocate. He said there are private easements that exist because the map was recorded, but a government does not have the power to relocate those private easements and the lot line adjustment process is not about relocating easements. He said those easements were abandoned in 1925 and it is as if we are starting with no streets on these properties. He said the cul-de- sacs adequately addressed circulation for the Gin and Keith project. He said Mr. Dorfman is going to have to adequately address circulation when he comes back to the Council on his project and, hopefully, the master plan that was presented long ago on the 10 acres will be sufficient. He suggested that there is a very narrow limit on the conditions that can be placed on a lot line adjustment. He said the Council has to make it necessary to relocate an easement, a water line easement or other utility line easement and there are not any existing such easements to relocate, so that finding could not be made. He said their analysis showed that drainage will not necessarily go over this proposed knuckle connection but would pass over naturally about where Lot 12 is on the chart. He stated it is Mr. Dorfman's feelings that putting that street alignment in there puts a burden on his project in terms of project design and it also impacts property values. Steve Cool, Attorney representing Larry Gin and Peter Keith, 5 464" CITY COUNCIL MINUTES APRIL 25, 1995 stated when Mr. Keith and Mr. Gin brought their project to the Planning commission, at the staff's request, they presented it in the alternative with the cul-de-sac as one alternative and the knuckle as the other alternative. He said Mr. Keith and Mr. Gin - expressed to the Commission that they would do it either way, but they felt that the cul-de-sac was the better proposal because they thought it made a better neighborhood. He said the Commission decided in favor of the knuckle concept. He stated his clients' position is still the same, and that is they would prefer, as the developers, to do the cul-de-sac because they still feel that would be a better use of the property and a better layout for the neighborhood. However, again, they are willing to do it either way and they are not objecting to the condition and they are not appealing tonight. Mark Vasquez, acting as agent for one of the property owners nearby, Mr. Alan Del Rio at 1075 Farroll Road, stated Mr. Del Rio would like to see the Planning Commission approval upheld. Mr. Vasquez said the property is owned jointly by Mr. Del Rio and his mother, and they seem to favor the knuckle for circulation. He said the main thing they are concerned about is that the drainage and traffic issues are adequately addressed by the city. Hearing no further comments from the audience, Mayor Dougall declared the hearing closed. Council Member Lady stated he had spoke to both the Fire Chief and Police Chief and they indicated they have no problem with the cul-de-sac and, in light of that and in reviewing all of the information, and having an opportunity to speak with Mr. Dorfman, he could not find adequate argument to do anything other than uphold the appeal. Council Member Souza stated he agreed with Council Member Lady that the Police and Fire issues are the most important. Beyond that, he stated he tried to look at this as a resident of that neighborhood, assuming it was built. He said with the Planning commission version, he could see more of a potential for a race track type atmosphere. He said with a cul-de-sac, he felt it would be more of a potential for a calmer neighborhood and a better place to live. He said he could see no reason not to let Mr. Dorfman and Mr. Gin and Mr. Keith have their choice of the cul-de-sac. Council Member Fuller stated he felt a cul-de-sac does make for a more quiet and safer street. He said if this type of street meets fire and police conditions and, obviously, the drainage will work, he didn't feel it would be necessary to require the knuckle. Mayor Dougall stated that in looking at this from an overall 6 . 465 CITY COUNCIL MINUTES APRIL 25, 1995 City standpoint, he felt the City has enough streets in the City that go nowhere. However, he stated he didn't have any ma jor arguments over the knuckle vs. the cul-de-sac, other than he would like to see streets that do something rather than just end up as a dead end. Other than his circulation concerns, Mayor Dougall stated his main concern was the drainage and, as previously stated, he does not want to see any more water being pumped down Farroll Avenue into the creek. He stated it was his understanding that this project will alleviate this problem in some manner. Interim Public Works Director Wallace spoke with regard to drainage concerns. He advised there is a staged drainage improvement program proposed. He said there would be a temporary basin put on the Gin/Keith project that would eventually be connected into a drainage easement and a storm drainage system going across the property and tie in eventually to Farroll Avenue out front across the Farroll Avenue Group property. Mayor Dougall stated that over and above the circulation, his main concern is the disruption to the residents on Diana Place and down Farroll and Elm Street when the City puts pipes down there to pump water. Mr. Wallace advised that is subject toa separate project being worked on now with an another developer. He stated arrangements have been made with the Von's Market people to help take care of that system. After further discussion, it was moved by FUller/Lady (4-0-1, Fuller, Lady, Souza and Dougall voting aye, Brandy absent) to approve Resolution No. 3071 Upholding the Appeal to Delete Condition of Approval No. 16 of Lot Line Adjustment Case No. 95- 523, 1081 Farroll Avenue. 9. A. UPDATE ON GENERAL FUND REVENUES AND EXPENDITURES; FINANCE DIRECTOR Finance Director Bacon advised there are no dramatic changes in the report from last month. He stated that on the third page of the report he projected that expenditures are going to be under budget if the city stays on the same course it is on right now. He said if the City stays on the same course it is on between now and . June 30th it will actually see some solid dollars underneath budget on the expenses side. He said projected operating reserves for June 30, 1995, are $467,749. 9.B. REPORT/UPDATE ON SWINGING BRIDGE Interim Public Works Director John Wallace referred to the staff report and schedule from the contractor showing the overall predicted schedule of the construction of the bridge. He stated the official contract termination date is June 3rd; the contractor's schedule shows the contract termination date as June 7 466" CITY COUNCIL MINUTES APRIL 25, 1995 1st. Mr. Wallace said in order to complete the bridge before the Strawberry Festival, the contractor would have to pull about five calendar days out of his schedule. Mr. Wallace said there is a critical item, pressure treated wood, scheduled to arrive on May 7th, and the contractor won't know how the rest of the schedule fits together until he actually receives that pressure treated wood. John Clark, 224 MCKinley, reviewed his recent meeting with the contractor, and commented on the strawberry Festival plans. He asked that the contractor be extended a couple of extra days by the City, if necessary, so that they will not be working on the bridge during the Strawberry Festival. 9.C. UPDATE ON ANNEXATION PROPOSALS: LAFCO Acting City Manager Liberto-Blanck reviewed the memo dated April 25, 1995 regarding the April 20th LAFCO Meeting. She advised that discussion was held on a Sphere of Influence proposal for Paso Robles similar to the Frederick's proposal. She said LAFCO also considered adoption of Standards for Sphere of Influence amendments. She stated she submitted a letter to LAFCO opposing the inclusion of the three Standards. The cities of San Luis Obispo, Pismo Beach and Paso Robles also opposed adoption of the Standards. She said the motion to adopt thE:! three Standards failed, however, another motion was made requesting that Standard No. 14 be required as part of a Sphere of Influence application review. She said this motion was approved. Mayor Dougall stated he also attended that meeting and was disappointed in the outcome of that decision. lO.A. REOUEST BY DAVID RYAL. EXECUTIVE DIRECTOR. PISMO BEACH CHAMBER OF COMMERCE: PROPOSED CENTRAL COAST REGIONAL TECHNOLOGY ALLIANCE (RTA) David Ryal stated he is Executive Director of the pismo Beach Chamber of Commerce, however is addressing the Council tonight as an official representative of the formation committee for the Central Coast Regional Technology Alliance. . Mr. Ryal referred to his letter dated April 12, 1995 and the attached supporting documentation regarding the proposed Central Coast Regional Technology Alliance. He stated that the Regional Technology Alliance has been designed by the government to be the sole agency by which businesses, industries and communities can access defense conversion dollars. After a brief review of the proposal, Mr. Ryal requested that the Arroyo Grande City Council adopt a resolution supporting the Regional Technology Alliance concept for inclusion in the proposal being prepared for submission to the State of California on May B, B . . 467 CITY COUNCIL MINUTES APRIL 25, 1995 1995. The Council Members discussed the proposed RTA. Acting city Manager Liberto-Blanck read the title of a resolution supporting the RTA concept. It was moved by Souza/Lady, (4-0-1, Lady, Fuller, Souza and Dougall voting aye) to approve Resolution No. 3072 supporting the RTA concept. ~ 10.B. MODIFICATION TO ALIGNME~STUDY; EL CAMPO ROAD INTERCHANGE ALTERNATIVE Acting City Manager Liberto-Blanck referred to the staff report dated April 25, 1995 outlining the request to amend the contract with Omni-Means to conduct an additional analysis on the EI Campo Road Interchange alternative. She advised the additional cost of $7,770 would be paid from SLOCOG allocated Urban SHA and Regional SHA funds. On a motion by Lady/Fuller, motion carried unanimously, authorizing the Mayor to sign the proposed amendment to the contract with Omni-Means to conduct an additional analysis on the EI Campo Road Interchange alternative. 10.C. DIRECTION TO COUNCIL OF GOVERNMENTS' REPRESENTATIVE COUNCIL MEMBER MIKE LADY. REGARDIN~ENDING MATT~ Council Member Lady stated that at the last meeting there were some items regarding the "supervote" that have created quite a controversy recently, primarily to do with the Highway 41 realignment in the Atascadero area. He said information was distributed before the meeting tonight and advised that a meeting was held this morning with Ron Dicarli, Executive Director of the Council of Governments, when a few of these issues were discussed. He said it was their feeling that, rather than take any items into consideration for voting or any position of the city of Arroyo Grande this evening, it would be better to provide this information for review, and at the next Council meeting give direction to COG as to the position of the City. Council Member Lady briefly outlined the three major issues to be discussed at the next Council meeting in order to provide some direction on the City's position. II.A. REPORTS FROM VARIOUS COMMITTEES 1. South San Luis Obispo County Sani tatior) District. Mayor Dougall reported that the District is still tangling through the Grover Beach annexation, and into the usual maintenance of budget items, and things are running very good down at the Sanitation District thanks to John and Chuck Ellison. 2. South County Area Transit. Council Member Lady advised that the meeting that was scheduled for the past Monday was re-scheduled for Monday, May 22nd. 9 46'S' CITY COUNCIL MINUTES APRIL 25, 1995 3. Council of Governments ( COG) . Council Member Lady stated there was nothing significant to report other than what was discussed earlier this evening. 4. and 10. Integrated Waste Management Authority (IWMA) Board and Air Pollution Control Board. Council Member Fuller advised the Integrated Waste Management Authority had not met since the last report. He said the Air Pollution Control Board was reviewing Rule 901, Trip Reduction Plan, and Rule 423, which is a Motor Vehicle and Mobile Equipment Coding Operations. He said basically, it is just to amend that rule that governs painting operations and as new technology comes out this rule gets amended every few years to try to take advantage of some of the new equipment. 5. Zone 3 Water Advisory Committee. A written report from Council Member Brandy, dated April 5, 1995, was distributed to the Council earlier this evening. 6. County Water Resources Advisory Committee. No report. 7. Long-Range Plan Update Committee. Council Member Souza advised that the Long-Range Planning Committee will meet April 26, 1995, and Mr. Wallace will be attending and give a presentation on Public Works issues. 8. Chamber of Commerce Economic Development Committee. council Member Souza stated this committee is going to meet next month, and a strategy session will be held looking at the old plan and, hopefully, looking at creating some new things this summer. 9. Coordinated Agriculture Support Program (CASP). Acting City Manager Liberto-Blanck stated she talked to David Hayes with the State yesterday, and the city is waiting to receive a summary of CASP from Steve McGary, who is in Idaho. She said after that information is received the City can proceed with the public hearings. 12. WRITTEN COMMUNICATIONS. 1. Staff report from Ron De Carli distributed by council Member Lady on Item 10(c). 2. Memo from John Belsher regarding Agenda Item 8.a. 13. ORAL COMMUNICATION~ None 10 . "-,.-.' . 469 CITY COUNCIL MINUTES APRIL 25, 1995 14. ADJOURNMEN'r It was moved by Lady/Fuller, and the motion passed unanimously to adjourn the meeting at 9:15 P. M. ATTEST: PEARL 11