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Minutes 1992-10-27 ~ <, 50 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 27, 1992 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. Ehrhardt Lang of First united Methodist Church delivered the invocation. 3. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" ) Dougall, Matthew P. "Pete" Gallagher and B'Ann Smith. Council I . Member Gene Moots was absent. Staff Members present were City Manager Chris Christiansen, City Attorney Judy Skousen, City Clerk i ~ I 1 Nancy Davis, Planning Director Dore~n Liberto-Blanck, Public Works '...J Director Van Laurn and Chief of Police Rick TerBorch. 4. ORAL COMMUNICATIONS None. 5. CONSENT AGENDA It was moved by Dougall/Gallagher, and the motion passed unanimously to approve Consent Agenda Items 5.A. through 5.J., with the recommended courses of action. 5.A. October 13, 1992, city Council Minutes. Approved. 5.B. July 1, August 5, September 7, and October 7, 1992, Senior Advisory Commission Minutes. Information. 5.C. Third Quarter, 1992, Departmental Monthly Reports. Information. S.D. Liability Claim, Kat E. Tilley. Claim Rejected. 5.E. Award of Bid for Small Tools; Parks Department; 1992-93 Budgeted Items. Low Bid Awarded. 5.F. Award of Bid for Police Vehicles (2): Police Department; 1992- 93 Budgeted Items. Low Bid Awarded. 5.G. Award of Bid for Photocopier; Police Department: 1992-93 Budgeted Item. Low Bid Awarded. 5.H. Progress Payment #4 for Construction of Well No. 9, Water Treatment Facility; Project No. 60-92-2. Approved and Authorized. 5.I. Annual Arroyo Valley Car Club Show, Saturday, July 31, 1993. Approved. ", 5.J. Approval of Parcel Map AG 091-083; Walnut Street; Minter. i I Approved. J 6. REGISTER OF ~HECKS It was moved by Dougall/Smith, and the motion passed unanimously to approve cash disbursements in the amount of $618,223.54, as listed in the October 22, 1992, Staff Report of Finance Director David Bacon. r.7.A. PUBLIC HEARING - AMENDMENT TO THE DEVELOPMENT CODE TO ALLOW 'NORE USES SUBJECT TO MINOR EXCEPTIONS. AMEND THE CONDITIONAL USE PERMIT SECTION. AND MISCELLANEOUS OTHER CHANGES: CITYWIDE The Planning Director said on October 6, 1992, the Planning Commission recommended ~hat the City Council make the following amendments to the Development Code: (''' ~"n., 1 .........~ ,... .. '!"r"il .. ... - .... '. ......, . ~ ... - . . . ' " " 51 CITY COUNCIL MINUTES OCTOBER 27, 1992 1- Amend Section 9-03.050 (b) (2) , combining Professional Office with Retail Commercial. Currently, a conditional use permit might be required for a use going from a professional office to a retail use. Staff considered the most intense "retail uses" (based on traff ic and so forth) , and created a separate category for Convenience Store/Banks/Savings & Loans. 2. Amend Section 9-03.120 (5) to permit staff to grant a minor exception for parking space size up to 2 feet. 3. Add Section 9-03.120 (6), which allows the Planning Commission to make interpretations of other minor exception items which are not specifically stated. Attachment "A" of the "- Resolution underlines the new language. The Resolution contains the necessary findings in the affirmative. There were Council questions of Staff with regard to the proposed ordinance expediting projects through the planning process and parking. After being assured that the Public Hearing had been duly noticed and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. When no one came forward to speak, the Mayor closed the Hearing to the floor. Mr. Christiansen read the title of the Ordinance of the City Council of the City of Arroyo Grande Adopting a Negative Declaration, Amending Chapter 9 of the Municipal Code (Amendment to the Development Code) and Instructing the City Clerk to File a Notice of Determination (Rezone Case No. 92-225). It was moved by smith/Dougall, and unanimously approved to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance. 8.A. APPOINTMENT OF MAUREEN M. REILLY TO THE PLANNING COMMISSION; TERM EXPIRES JUNE 30. 1994. Mayor Millis nominated Maureen M. Reilly of 333 Miller Way to the Planning commission, and the Council approved. Ms. Reilly's term will expire June 30, 1994. S.B. 1992-93 ~NUAL TRANSPORTATION FUND CLAIM It was moved by Smith/Gallagher (4-0-1, Smith, Gallagher, Dougall and Millis voting aye, Moots absent) to approve Resolution No. 2954 Approving the 1992-1993 Annual Local Transportation Fund Claims to the San Luis Obispo Area Coordinating Council. 8.C. APPROVAL OF AGREEMENT FOR REIMBU~SEMENT OF STATE-LOCAL PARTNERSHIP PROGRAM (OVERLAYS} It was moved by Dougall/Smith (4-0-1, Dougall, Smith, Gallagher and Millis voting aye, Moots absent) to approve Resolution 2955 Authorizing Execution of State-Local Entity Master "- Agreement No. SLTPP-5199 Alonq with program Supplement No. 001 for State-Local Partnership Proqram. 8.D. REOUEST OF MARGARET ASKEI.AND. 101 RIDGEVIEW WAY. REGARDING NEW CONSTRUCTION AND DRAINAGE ADJACENT TO SUBJECT PROPERTY Mr. Christiansen referred to the PUblic Works Director Van Laurn's October 22, 1992, Staff Report that stated the position of the City with regard to drainage on the property owned by Margaret Askeland, 101 Ridgeview Way. Mr. Laurn wrote, "At the present time, all runoff generated by roof surfaces and pavement as well as ~mo~t7~rface~runoff from property uphill of the Chadwell property .'is'1iirected, via pipe or roadway to Ridgeview Way. The ASkeland property should receive no more, and probably less, water now than 2 4." . - - " ' ---.-'--"---- 52 4' CITY COUNCIL MINUTES ~. , < OCTOB~R 27, 1992 ,~: ,... ~....__ f'.. '. .:;.,..;,;.:.,.:" ....,i), it did prior to the Chadwell developments. Our only concern is the disturbance of grasses on the highly erosive soils and Mr. Chadwell is attempting to reestablish this cover." MS. ASKELAND asked the Council for resolution to the drainage problem that she said was caused by developer Ed Chadwell during construction on the hillside next to her home. She gave the council a map of the property and photographs labeled Exhibit "A" through "D." She said Mr. Chadwell's project included extensive grading and now drains onto her property. She referred to the northeast corner of her property being damaged and incorrectly placed fencing. '1 Council Member Smith said she visited the property on the day I I of the meeting and that the land above the Askeland property had been seeded, but that none of the seeds were sprouting. She questioned staff about the pipe that will carry runoff to Ridgeview way, the construction bond, the extensive grading done by Mr. Chadwell, and the city's responsibility to make sure all mitigating measures are met before finalizing a project. She said retaining walls may be needed at the bottom of a hill when there has been a lot of grading. She expressed concern about the approaching rainy season and said more comprehensive landscaping such as sod instead of seeding may be needed in these cases. Council Member Gallagher asked Staff if the elevation of the property had been changed by the grading. Mr. Laurn said it appeared to him that it was not changed. Council Member Gallagher asked if mitigation measures were sufficient to protect the neighbors on this project, and if those measures should be more strict. Mr. Laurn said when he first saw the project in January or February there had been extensive erosion and it didn't appear that strict enough mitigation measures had been taken. Council Member Smith asked about the removal of a detention basin above the Askeland property, and Mr. Laurn said that he approved the removal of the basin, which was a Public Works-placed mitigation measure approved by the Planning Commission. He said Ms. Askeland requested removal of the basin. Mr. Laurn said he was satisfied that the typography of the land above the Askeland property had not been significantly changed so as to adversely affect the Askeland property. He said the Flores property appears to have been changed sUbstantially, but the water there is directed to Ridgeview way, not toward the Askeland property. He said he was concerned about the land that has been seeded and said it is a potential threat. Council Members smith and Gallagher directed the Planning Staff to evaluate the mitigation measures on the Chadwell development and, if necessary, formulate additional mitigation """\ measures to prevent erosions problems from occurring in the future where there is uphill development and existing downhill dwelling units. Council Member Smith said since the city cannot do much to help Mrs. Askeland at this time, Staff should monitor the Askeland property and help as much as possible if there are erosion problems in the rainy season. Council Member Dougall expressed concerns about the condition of approval on the property that said that the applicant shall provide a drainage and grading plan with appropriate site ponding. He asked if that was the pond that had been removed, and Mr. Laurn said yes. Mr. Christiansen explained that part of the detention basin was to have a pipe constructed from the basin out to Ridgeview way. He said that pipe is still there and the water is carried directly out to Ridgeview. 3 . 53 CITY COUNCIL MINUTES OCTOBER 27, 1992 ED CHADWELL of 535 Mehlschau Road, developer of the property above the Askeland property, referred to his letter to the Council dated october 23, 1992. He said when he built Ridgeview Way he had full-time City inspectors on the job. He said he put in a fence and paved a driveway as requested by Ms. Askeland. He said he cleaned up the avocado orchard by scraping it. He said he should have mowed it, but he had seeded the land and is irrigating it. He said he has been cooperative and will still look out for this project. He said he did not want Ms. Askeland to feel abandoned. Ms. Askeland disputed Mr. Chadwell's statements. Council Member Dougall said all the City can do now is be sympathetic and stay on top of the problem to see that Ms.. Askeland ~- is protected in whatever manner will be safe for her. SUSAN FLORES of 710 White Court said her house was approved without everything being completed. She said when the rains came she had to have private people come in and clean up the mess. She said she spent $25,000 to have the property fixed. She said she had the Contractors Board on her side and didn't need to resolve things with the Council. 9. WRITTEN COMMUNICATIONS None. 10. ORAL COMMUNICATIONS Council Member Smith questioned the closure of the old southbound ramp at Oak Park Boulevard and Highway 101 intersection. Mayor Millis said he believed the ramp should stay open, but Caltrans insisted on its closure. 11. CLOSED SESSION On the unanimously approved motion of Dougall/Smith, the Council adjourned at 8:32 P.M. to a closed session, pursuant to Government Code Section 54956.9(b)(1). 12. ADJOtfflNMENT The Council reconvened at 8:45 P.M. and immediately adjourned, on ,the unanimously approved motion of Smith/Gallagher. --;;l~g~ ATTEST: '1J~a. ~ NANCY A. VIS, CITY CLERK '----'