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Minutes 1993-10-26 , . . 185 ,. ,... - MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 26, 1993 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 Matthew Peter Gallagher, III, presiding. 1. & 2. FLAG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flag, and Raymond J. Burnell of st. Patrick's Catholic School delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy, Bernard Burke, Gene Moots and James Souza. Staff Members present were City Manager Chris Christiansen, city Attorney Roger Lyon, Ci ty Clerk Nancy Davis, Chief of Police Rick TerBorch, Current Planner Scott Spierling and PUblic Works Director Van Laurn. 4. pRAL COMMUNICATIQ~S None. 5. CONSENT AGENDA It was moved by Souza/Brandy, and the motion passed unanimously to approve Consent Agenda Item 5.a. Liability Claim, Gerrie Gegarian, with the recommended course of action (Claim Rejected) . with regard to Consent Agenda Item 5.b., Counoil Member Burke expressed several conoerns about the purchase of the computer software. After discussion, it was moved by Burke/souza, and the motion passed unanimously to approve the budgeted items requested by the Police Department. council Member Burke objected to the raising of the alarm permit fees by the Police Department and the increased fees requested by the Finance and Water Departments in Consent Agenda Item 5.c. He said the public already is facing new taxes imposed by the city. After discussion of the Police fees in Consent Agenda Item 5.c. by the Council, it was moved by Brandy/Souza (4-1-0, Brandy, Souza, Moots and Gallagher voting aye, Burke voting no) to approve Resolution No. 3009 Amending Resolution Nos. 2417 and 2455 Which Adopted Fees for Various Services, Permits and Licenses (Police Department) . It was decided that the request for increase in fees by the Finance and Water Departments be continued to the next meeting so that more background figures on the reasons for the increases could be given. 6. REGISTER OF CHECKS It was moved by Moots/Burke, and the motion passed unanimously 1 ~._-_..~- 1 8 6CITY COUNCIL MINu~ro""'-) - OCTOBER 26, 1993 to approve Cash Disbursements in the amount of $578,110.94, as listed in the October 20, 1993, Staff Report of Finance Director David Bacon. REOUEST TO ADD AN ITEM CONCERNING GRADING IN THE RANCHO GRANDE TRACTS TO THE AGENDA Mayor Gallagher said there had been a request by the developers of Rancho Grande Tracts 1834 and 1997 to place an additional item on this agenda. Mr. Christiansen said there must be a four-fifths vote of the Council. Mr. Lyon said there must be a demonstration of an emergency finding for adding an item to the agenda. Mr. Christiansen said the finding would be that the grading permit expires October 31, 1993, and the Council would not meet again until November 9, 1993. He said the developer desires to continue the grading in order to finish before the rainy season begins. It was moved by Burke/Souza, and the motion passed unanimously to add discussion of allowing grading in the Rancho ~ Grande tracts to the agenda as Item 7.C. 7 .A. CONTINUATION OF PUBLIC HEARING - APPEAL - CONDITION~L USE PERMIT CASE NO. 93-509, ADDITION OF A 960-S0UARE-FOOT MODULAR CLASSROOM: CONDITIONS 10 AND 11 OF PLANNING COMMISSION RESOLUTION NO. 93-1430: 900 WEST BRANCH STREET: ST. PATRICK'S CATHOLIC SCHOOL Mayor Gallagher and Council Member Brandy said they may have conflicts of interest and left the room. Mayor Pro Tern Moots presided. Mr. Christiansen said st. Patrick's School was appealing Planning Commission Conditions 10 and 11 that require installation of curb, gutter and sidewalk along the length of the property frontage on West Branch street. Mr. Spierling referred to the October 12, 1993, Staff Report of the Planning Director. He listed the City responses to the reasons given by the school for appealing the conditions. He said the Planning Commission had recommended that the Council uphold its recommendations in this matter. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Pro Tem Moots declared the Public Hearing open and said all persons would be heard regarding the matter. Mr. Burnell, principal of st. Patrick's School, presented a letter to the Council and said the Planning Commission conditions are excessively expensive, would create a hardship on the school, would prohibit the entire modular classroom project, do not demonstrate a nexus between the required conditions and the impact the modular classroom would make, and that Branch Street is a temporary road. PAUL KARP, 596 Woodland Drive, spoke on behalf of st. Patrick's appeal, and said the requirements would probably cost the school at least $25,000. He said no new students are being added to the school as a result of the modular unit being added. He said the requirement of sidewalks has been waived on adjacent 2 - .. "~..~_...._.- " , . CITY COUNCIL MINUr ') .... 1 8 7 OCTOBER 26, 1993 development. He said there are existing sidewalks and bike lanes being used by the students. He said the school's new zoning designation, which was supported by the school when the City's Development Code was approved, is now being used against the school. He also talked about the requirements being too costly and said the school had already spent $13,000 for hydrants. He said the fact that there are temporary berms on West Branch indicated that it is a temporary road. He showed the Council the Rancho Grande Development parcel map, which he said indicated that the road is temporary. He referred to a June 5, 1979, Staff Report concerning Tract No. 761 that indicated that final alignments of West Branch Street would be paid for by the developer of the tract. In answer to the Council, Mr. Christiansen explained the 1915 and 1911 Improvement Acts, whereby assessment districts can be formed. PETE MILLER, representing the developers of Rancho Grande, said the Council should keep in mind that perhaps the Rancho Grande project may not be responsible for the frontage improvements on the West Branch street section under discussion. The Public Works Director recommended the Planning Commission be upheld and said the provision for curb, gutter and sidewalk is a standard city provision. He said the West Branch Street roadway is temporary only if Caltrans were to find the funds to improve the Brisco underpass. He said there is curb, gutter and sidewalk at the Festival Cinemas, and the county-owned parcel to the south of the school has curb and gutter. He said there is a need for a pedestrian path down to Brisco Road. He said there is a problem of drainage from the school property. He said cost for the curb, gutter and sidewalk would be approximately $10,000 to $12,000, and if there were any utilities discovered underground, there would be a basis for a waiver of a portion of the cost. GARY GRACIA and JIM NORTHNESS, who have children attending the school, also supported the appeal. When no one further came forward to speak, Mayor Pro Tern Moots closed the Public Hearing to the floor. Council Members discussed the arguments for and against the appeal. It was finally decided that an agreement between the City and st. Patrick's School providing that curb, gutter and sidewalk be installed along the length of the property frontage on West Branch Street with development of the adjacent commercial property. Mr. Burnell said that would be acceptable, and the school would be willing to work with its neighbors when their properties are developed. He said this would be a way to work with the community without having the five-year barrier. The City Attorney said the Council should go on with other agenda items and he would work on the language changes for the resolution. 3 ~ -..~._~._- --.-----...-..-.--....----."--- 1.8 ~ITY COUNCIL MINUT~~ ....... CTOBER 26, 1993 - Mayor Gallagher and Council Member Burke returned to the dais. 7.B. PUBLIC HEARING - CONDITIQNAL USE fERMIT CASE NO. 93-512: RANCHQ GRANDE S~ES OFFICE (TRAILER); 520 PALOS SECOS (TRACT 1994): OTTSE, INC. Mr. Spierling referred to the October 26, 1993, Staff Report of the planning Director. He said the Planning Commission had recommended that the Council adopt a resolution approving Conditional Use Permit 93-512 with the findings and subject to the conditions of approval contained in the resolution. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the Public Hearing open and said all persons would be heard regarding the matter. ; Mr. Miller said Ottse, Inc., developer of Rancho Grande agreed . with the oonditions of approval. ,. When no one further came forward to speak, Mayor Gallagher closed the Public Hearing to the floor. It was moved by Burke/Brandy (5-0-0, Burke, Brandy, Souza, Moots and Gallagher voting aye) to approve Resolution No. 3010 Approving Conditional Use permit Case No. 93-512, for Sales , a t 'J Office for Rancho Grande, Applied for by Ottse, Inc. at 520 Palos ~;~ Secos. h. . .'! , j I;;' , f~ 7.A. PUBLIC HEARING - A~PEAL- ST. PATRICK'S CATHOLIC SCHOOL ":1 '. ~ '. CONTINUED ;\ . . : ~ "J Mayor Gallagher and Council Member Brandy said they may have ,I conflicts of interest and left the room. Mayor Pro Tem Moots again j . " presided. ~ ! J i The city Attorney read the new wording for Conditional Use i Permit No. 93-509 Conditions 10 and 11, as follows: 10. Before occupancy an a~reement will be entered into between city and applicant providing that curb and gutter shall be installed i along the length of the property frontage on West Branch Street i with development of the adjacent commercial property. \ 11. Before ocoupancy an agreement will be entered into between City i and applicant providing that an eight foot (8') wide sidewalk shall be installed along the length of the property frontage on West Branch Street with development of the adjacent commercial" property. Mayor Pro Tem Moots asked if the Council fully understood, and the Council said yes. It was moved by Souza/Burke (3-0-2, Souza, Burke and Moots ... voting aye, Brandy and Gallagher absent) to approve Resolution No. 3011 Upholding the Planning Commission's Approval of Conditional Use Permit Number 93-509 with the Conditions as specified by the Planning Commission with Modifications Made by the city Council. 4 <---'.'- .._~.,_._--- --. - CITY COUNCIL MINUTES ..' .OCTOBER 26, 1 993 ~ - 1 8 9 Mayor Gallagher and council Member BrandY returned to the dais. 7.C1 GRADING - RANCHO GRANDE TRACT~ 1834, 1997 AND 1994 Mr. Christiansen referred to his memorandum of October 26, 1993, and recommended that the Council approve the continuation of grading beyond the october 31, 1993, cut-off date speoified by condi tion relating to the' tracts. He said the developer desires to complete the grading before the rainy season begins. He said the Public Works Director would monitor the grading closely. He said in the past Ranoho Grande had been permitted to grade during the rainy season and had been exceptional in its techniques to prevent and clean up erosion problems. Mr. Laurn said the discussion of the grading in Ranoho Grande also should include Rancho Grande Tract 1994. The Council agreed. Mayor Gallagher opened the discussion to the publid. Mr. Miller, Ottse, Inc. representative, said the grading work probably would be finished soon. . Mr. Laurn and Council Members praised Rancho Grande for the efficient way it handled erosion cleanup during the last rainy , i season, and for the work done to clean out the drainage basin above', the Leisure Gardens. ',; (:~ It was moved by Moots/Brandy, and the motion passed ,j, unanimously to approve the grading extension for Tracts 1834, 1997 ~. and 1994 in the Rancho Grande sUbdivision. 1 I I 8.A. REPORTS O~ VARIOUS COMMITTEES ' 1. South San Luis Obispo County Sanitation District . , Mayor Gallagher said the district had been audited and is in excellent finanoial shape. He said the Shellfish Monitoring PrograM is still under way and the district is working with Eoomar, Inc. with regard to water quality. 2. South County Area Transit Council Member Moots said there was no report. 3. Council of Governments Council Member Hoots said the solid waste Joint Powers Agreement is an unresolved item. He said the City will be receiving federal funding for repair of the Swinging Bridge. He said the Ride Share Week was very successful. He said there have been problems with buses built in Texas and purchased by the transit agency. 4. Solid Waste Task Force Committee Council Member Burke said there will be a seminar on the Solid Waste Joint Powers Agreement on November 5, 1993, and all Council ~ Members from the seven cities have been invited to be informed as to what the JPA is all about. 5. Zone 3 Water Advisory Committee 5 l~Y COUNCIL MINUTES_ .. -., o OBER 26, 1993 ' Council Member Brandy said there was no report. 6. County Water Advisory Board Council Member Brandy said next month the board will be meeting and members will find out about the cloud seeding program and the seism~c safety of Lopez Dam. 7. Long-Range Plan Update Committee council Member Moots said the committee is still cOllecting data. 8. Chamber of Commerce Economic Development Committee Council Member Souza said his Business Retention and Expansion Committee had met and the committee will be asking a Cal Poly class to update the inventory of vacant buildings in the City. He said the committee will do a survey of businesses that want to expand. . ' 9. Coordinated Agriculture Support Program. Council Member Souza said there was no report. 9. WRITTEN COMMUNICATIONS None. 10. ORAL COMMUN~CATIONS . .1 I,; '. None. '.' .' :'~ ...' 11. CLOSED SESSION .,~:;~ None. "~ ;/~ 12. ADJOURNMENT "i,~ .~.~ It was moved by Souza/Burke, and the motion was unanimously approved to adjourn the meeting at 9:32 P.M. to November 5, 1993, .I , ;i at 1:00 P.M., when the Council of Governments and Latino Outreach ',1' Task Force will hold a joint cities/County meeting at the San Luis ,I; ,', 'I Obispo Veterans' Memorial Building, 801 Grand Avenue, San Luis 'I " Obispo. :1 -( ATTEST. ~ a. ~ NANCY A. , AVIS, CITY CLERK . ~', 6 I I - ._-~