Minutes 1992-08-25
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST '25, 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. FLAG SALUTE AND INVOCATION
Mayor Millis led the Pledge of Allegiance to our Flag, and the
Rev. Randy Ouimette, Arroyo Grande Fire Chaplain and st. John's
Lutheran Church pastor, 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. ~bsent was
Council Member Gene Moots. Staff Members present were City Manager
Chris Christiansen, City Attorney Judy Skousen, City Clerk Nancy -/
Davis, Chief of Police Rick TerBorch and Current Planner Scott
Spierling.
4. ORAL COMMUNICATIOffS
None.
5. PRESENTATION OF PLAOUES OF ~PPRECIATION
Accepting plaques of appreciation fronl the City for their
service on city commissions were DON BOGGESS, former Planning
Commissioner: WILLIAM TAPPAN, former Parking and Traffic
Commissioner: HEATHER HOEKMAN, former Teen Advisory Committee
member, and DANIEL JONES, former Teen Advisory Committee member.
A plaque will be delivered to EDWARD COX, former Parking and
Traffic Commissioner.
6. CONSENT ~GENDA
It was moved by Dougall/Smith, and the motion passed, with
Council Member Moots absent, to approve Consent Agenda Items 6.A.
and 6.B., with the recommended courses of action.
6.A. August 11, 1992, city Council Minutes. Approved.
6.B. Progress Billing #2 for Construction of Well No.9, Water
Treatment Facility, Project No. 60-92-2.
7. REGISTER OF CHECKS
It was moved by Gallagher/Smith, and the motion passed, with
Moots absent, to approve cash disbursements in the amount of
$1,029,465.60, as listed in the August 20, 1992, Staff Report of
Finance Director David Bacon.
e.B. PUBLIC HEARING - APPEAL OF PLA~NING COMMISSION APPROVAL OF
CONDITION~L USE PERMIT CASE NO. 92-501. APPROVING CONSTRUCTION OF
A 665-S0UARE FOOT ~ECOND-RESIDENTIAL UNIT OVER AN EXISTING GARAGE:
MAXIMUM PROPOSED HEIGHT IS 21.5 FEET: 840 FARROLL AVENUE
Current Planner Spierling referred to his Staff Report of
August 25, 1992, and said th~ Planning Commission recommended that
the Council adopt a resolution denying the appeal and uphold the
Commission's approval of Conditional Use Permit Case No. 92-501.
After being assured that the Public Hearing had been duly
notic~d and all legal requirements met, Mayor Millis declared the
hearing open and said all persons would be heard regarding the
matter.
Speaking in favor of the appeal were JERRY MARTIN of 514
Woodland Drive, DICK GRANTHAM of 505 Woodland Drive, REGINA AUSTIN
of 509 Woodland Drive, VERNA MURRAY of 518 Woodland Drive, PATRICIA
BRENNER of 509 Woodland Drive, BETTY GRANTHAM of 505 Woodland
Drive, JERRY BOWSER of 510 Woodland Drive and MELVIN JOHNSON of 835
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CITY COUNCIL MINUTES
AUGUST 25, 1992 ,
Olive Street. They listed as their reasons for supporting the
appeal as being, 1) the proposed unit is too high and would
overpower the neighborhood, 2) property values would be devalued,
3) there is room on other parts of the applicant's lot for a second
unit, 4) windows on the structure would affect neighbor's privacy,
5) a precedent could be set in the neighborhood, 6) the applicant
could split his lot and build another two-story unit, and 7) the
neighbors' views would be affected.
Speaking against the appeal was the applicant ROGER FULLER of
840 Farroll Avenue. He said, 1) he has 13 adjacent property owners
to try to please, 2) if he was to build on the ground level of the
remaining yard, there would only be six and one-half feet
difference between it and the second unit that has been appealed,
"-- 3) right now he can sit on his patio and look down into a
neighbor's house, so privacy is not a valid issue, 4) it would be
much more expensive to build a second unit elsewhere on the lot,
and 5) perhaps the neighbors would be willing to pay the extra cost
,. of building elsewhere on the lot.
There being no further public discussion on the matter, the
Mayor closed 'the hearing to the floor.
council Member Gallagher said he was present at the planning
commission discussion of this matter on July 7, 1992, and moved
that the appeal of Conditional Use Permit Case No. 92-501 be
referred back to the planning commission to further explore the
alternative that was presented by Planning Staff in its report of
July 7, 1992, that the Staff and applicant come up with a setting
for the second dwelling unit that would be more harmonious with the
existing neighborhood. council Member Smith seconded the motion.
Council Member Smith objected to the Conditional Use Permit
and Architectural Review findings in the resolution of approval
recommended by the Planning Commission. She said the second unit
is not harmonious with the character of the neighborhood and is
detrimental to the comfort of the neighbors. She suggested that
the Planning commission re-evaluate Architectural Review findings
Nos. 3, 4, 5 and 6 in relation to this project.
council Member Dougall said he had attended the Planning
Commission hearing also, and by allowing "granny flats" the State
is trying to dictate what is built in the cities. He asked about
landscaping to hide the building, but Mr. Fuller said he could not
plant on a sewer easement. Council Member Dougall said he would
support sending the matter back to the Planning Commission, and
that the project should be compatible with the neighborhood.
city Attorney Skousen said the city's Code and state law do
allow "granny flats," and if the council wanted to grant the appeal
it must make very detailed findings about compatibility with the
neighborhood.
~ Mayor Millis said "granny flats" do need to be compatible with
the surrounding neighborhood. He said the builder does have a
responsibility to work with the neighbors. He said it is the
second story that is objection!lble, and suggested the Planning
Commission explore placement of the unit elsewhere on the lot.
Council Members voted on the motion by Gallagher/Smith to
return the project to the Planning commission, and it was approved,
with Council Member Moots absent.
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AUGUST 25, 1992 ,
9.A. CONTINUATION OF SENIOR ADVISORY COMMISSION RECOMMENDATION TO
UPDATE THE HOUSING ELEMENT AND PREPARE A COMPREHENSI~E HOUSING
AFFORDABILITY STRATEGY REPORT
Mr. Christiansen recommended that the Council continue this
matter until the State of California budget is passed and the city
learns how its budget will be affected.
Mayor Millis said the Council does want to update the Housing
Element, and suggested that it proceed with advertising for a
someone to do the update. He said the bid could be awarded after
the State budget results are known. There was Council agreement
with Mayor Millis' suggestion. "
10.A. APPOINTMENT OF MICHAEL MC AUSTIN TO THE TRAFFIC COMMISSION:
TERM EXPIRES JUNE 30. 1995
Mayor Millis nominated Michael McAustin to the Traffic
Commission, and the Council approved.
10.B. APPOINTMENT OF BETTY LA PLANTE TO THE TRAFFIC COMMISSION:
TERM EXPIRES JUNE 30. 1995
Mayor Millis nominated Betty LaPlante to the Traffic
commission, and the council approved.
lO.C. APPOINTMENT OF CHRISTINE PHILLIPS TO THE ARCHITECTURAL
ADVISORY COMMITTEE: TERM EXPIRES JUNE 30. 1995
Mayor Millis nominated Christine Phillips to the Architectural
Advisory Committee, and the Council approved.
10.D. RESOLUTION AUTHORIZING A PROCEDURE FOR DESTRUCTION OF POLICE
RECORDS
Chief TerBorch said a change had been made on Page 2, Item 14
of the proposed Resolution to make it more understandable.
It was moved by smith/Gallagher (4-0-1, Smith, Gallagher,
Dougall and Millis voting aye, Moots absent) to approve Resolution
No. 2946 Authorizing a Procedure for Destruction of Police Records
(Supersedes Resolution No. 2343), with the change noted by Chief
TerBorch.
10.E. PLANNING COMMISSION RECOMMENDED PROPOSITION 116 PROJECTS
GEE GEE SOTO, member of the Parks and Recreation Commission,
who has been working the Planning Director on the Proposition 116
projects, referred to her August 25, 1992, memorandum, and said the
Planning Commission recommended that the Council adopt a Resolution
supporting the application to provide Proposition 116 funds for
needed bicycle and pedestrian routes. Proposition 116 is the Rail .
Transportation Bond Act, which includes funding for bicycle and
pedestrian projects.
Ms. Soto described the application for the funds and showed on "
the map on the wall where the bicycle and pedestrian routes would
be. She said the application consists of two projects, Project No.
1 - Paulding Middle School and project No. 2 - Arroyo Grande High
School/Margaret Harloe Elementary School.
Mr. Christiansen said there is $8.8 million available in
Proposition 116 grants for the County, and the cities' requests
total $15 million. He said the council of Governments would be
prioritizing the requests and then the State would be making the
final decision.
It was moved by Dougall/Gallagher (4-0-11 Dougall, Gallagher,
Smith and Millis voting aye, Moots absent) to approve Resolution
No. 2947 Supporting Proposition 116 Funding of Bicycle and
Pedestrian Routes; paulding Middle School Project and Arroyo Grande
High School/Margaret Harloe Elementary School Project.
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CITY COUNCIL MINUTES
AUGUST 25, 1992 .
It. WRITTEN COMMUNICATION
None.
12~ ORAL ~O~UNICATION
None.
13. CLOSED S~SSION
None.
14. ADJOURNM~NT
It was moved by Gallagher/Smith, and the motion paased, with
Council Members Moots absent, to adjourn the meeting at 8:37 P.M.
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