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Minutes 1989-07-11 -~ MINUTES MEETING OF THE CITY COUNCIL TUESDAY, JULY 1l, 1989 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met at 7:30 P.M., with Mayor Mark M. Millis presiding. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Robert Banker of Open Door Church of Oceano delivered the invocation. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. ORAL COMMUNICATIONS None. 6. CONSENT AGENDA It was moved by Smith/Dougall and the motion passed to approve Consent Agenda Items 6.a. through 6.g. , 6.i and 6.k. , with the recommended courses of action. 6.a. proclamation, "Parks and Recreation Month," July, 1989. 6.b. June 13, 1989, city Council Minutes. Approved. 6.c. June 14, 1989, City Council Minutes. Approved. 6.d. June 19, 1989, city Council Minutes. Approved. 6.e. Second Quarter, 1989, Departmental Report. Information. 6.f. June, 1989, Investment Report. Information. 6.g. July 5, 1989, Senior Advisory Commission Minutes. Information. 6.i. Execution of Security Agreement; Newport Properties; paseo Street and st. Highway 227. Approved. 6.k. Community Center Maintenance Bids. Awarded to Low Bidder. With regard to 6.h. Construction of Shallow Paso Robles and the Deep pismo Test Wells; project No. 60-89-2, Council Member Olsen requested that city Staff contact the Soils Conservation Group and the farmers prior to proceeding with this project. Mr. Christiansen said that would be done. with regard to 6.j. Acceptance of Public Improvements; Saint Barnabas; Tract 1513; Trinity Avenue (T.W.R. Investors and Saint Barnabas Church) , Council Member Olsen expressed concerns about possible soil erosion before hydroseeding in late October, and adequate funding on the part of the developer for the hydroseeding. It was moved by smith/Dougall and the motion passed to approve Consent Agenda items 6.h. and 6.j., with the recommended courses of action. 7. REGISTER OF WARRANTS It was moved by Smith/Olsen and the motion passed to approve the Cash Disbursements as presented by Finance Director David Bacon in his July 6, 1989 Staff Report. 8.A. PUBLIC HEARING TO DISCUSS CITY MUNICIPAL CODE SECTION 6-1.44. IMPOUNDING AND DISPOSITION OF STRAY OR ABANDONED CATS. (PUBLIC HEARING CONTINUED FROM COUNCIL MEETING OF JUNE 13. 19891 City Manager Chris christiansen referred to his July 7, 1989, 1 ---- ------ ----..-.--..- -" CITY COUNCIL JULY 11, 1989 memorandum and recommended that the ordinance regulating domestic animals remain as is, and that the City commence a program to inform the Community that Lost Animal Hotlines exist. He said a brochure distributed by the County Animal Control describes how lost animals may be retrieved and how to call the Lost Animal Hot- Lines. He suggested that the City could distribute a similar brochure to Citizens. After being assured that the Public Hearing had been duly pUblished 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, Mayor Millis closed the hearing to the floor. After Council discussion, it was moved by Dougall/Olsen and the motion passed to continue the city ordinance (Municipal Code Section 6-1. 44) as is, and to pUblicize the procedure for retrieving lost animals through the County Animal Control system. 8.B. PUBLIC HEARING. TENTATIVE TRACT NO. 16421PD ORDINANCE AMENDMENT NO. 88-212. AMENDING DEVELOPMENT ORDINANCE NO. 186 C.S. (PHASE II. RANCHO GRANDE DEVELOPMENT!. ADDENDUM EIR: CREATION OF 83 SINGLE FAMILY RESIDENTIAL LOTS ON APPROXIMATELY 81 ACRES. (PETER MILLER! Planning Director Doreen Liberto-Blanck referred to her July 11, 1989, Staff Report and gave a Project Summary, reviewed the Planning Commissions Hearings, and said the item came to the City from the Planning Commission without a recommendation. Received into the record were the following documents: 1. Commentary on Addendum to EIR for Rancho Grande Properties from Dr. David H. Chipping, Conservation Vice-Chair of the San Luis Obispo Chapter of the California Native Plant Society. 2. A letter from Sanford M. Skaggs of McCutchen, Doyle, Brown and Enersen, a firm retained by Ottse Inc. , developers of Rancho Grande. 3. A Petition to the Arroyo Grande City Council in Opposition to the Proposed Rancho Grande Phase II from local residents. 4. A Petition to the City Council of the city of Arroyo Grande from residents of Oak Park Leisure Gardens. 5. From the Environmental Impact Report for Rancho Grande Properties, Section G. WILDLIFE (1) and a VEGETATION/WILDLIFE HABITAT map, Source: V. L. Holland, Ph.D. , and Roger D. Gambs, Ph.D. 6. From the City of Arroyo Grande's General Plan Open Space - Conservation Element Adopted June 26, 1973, Pages 71 and 72 Wildlife Habitat. 7. The Development Agreement By and Between the City of Arroyo Grande and Ottse Inc., a California Corporation, Relative to the Development Known as Rancho Grande. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be hea'rd regarding the matter. PETE MILLER, Attorney for ottse Inc., said that representing 2 - --------. . CITY COUNCIL JULY 11, 1989 the developers of Rancho Grande at the meeting were APRIL ROSENLUND and KEITH GURNEE of RRM Design Group, JIM GARING AND MARK BELL of Garing, Taylor Associates, Inc., and SANFORD SKAGGS of McCutchen, Doyle, Brown and Enerson Law Firm. Mr. Garing and Mr. Gurnee presented a history of the Rancho Grande project. Mr. Gurnee discussed the issues of Density, Oak Tree Preservation, Grading, Open Space and Development Standards with regard to the design submitted to the Council. Mr. Miller praised the submitted design and said ten acres of parkland had been donated to the city. He said the question is not whether Phase II will be built, but how the development will occur. Speaking against the design submitted to the Council for Rancho Grande Phase II were GARY ELMS of 1105 Grieb Drive, DAVID CHIPPING of Los Osos, RON RUPPERT of 399 Corbett canyon Road, BILL DENNEEN of Nipomo, BILL EARLY of 1017 Meadow Way, JANE JOHNSON of 1033 Meadow Way, BRAD SCHRAM of 220 Stagecoach Road, GREG SOUTHCOTT, 1011 Hodges Road, BARBARA COLESHIRE of 1004 Stevenson Drive, JUDY SOUTHCOTT of 1011 Hodges Road, PAUL ATKINS of 1001 Hodges Road, ELIZABETH SCOTT GRAHAM of 312 Miller Way, KATHY GREENELSH of 453 Tanner Lane, CHUCK FUSCO of 1015 Hodges Road, AUDREY HOWARD of 748 Scenic circle, MCCOY BURGESS of 107 Equestrian Way and ARCHIE HOWARD of 748 Scenic Circle. They listed as reasons for protesting the submitted design, (1) the negative impact on the wildlife habitat, trees and vegetation, (2) oak trees cannot be easily replaced or readily used as street trees,. (3) planted trees could use more city water, ( 4 ) there are deficiencies in the Environmental Impact Report and Addendum, (5) excess drainage into Meadow Creek could cause flooding on Meadow Way, (6) an overall master plan for the rest of Rancho Grande should be submitted, (7) houses should be disbursed on all parcels, (8) designers should consider the minimum amount of acreage needed to sustain wildlife, (9) homes are too large and there should be some lower priced homes in the development, (10) the "country" atmosphere is being changed, and (11) the home designs should be more compatible with adjacent architecture. Speaking in favor of the design submitted to the Council for Rancho Grande Phase II were SCOTT ROSENFIELD of 636 Avenida De Diamonte, WOODY ARCHER of 781 Avenida De Diamonte, C. E. DRURY of 198 Via Bandolero, KIRBY GORDON of pismo Beach, VIRGIL GLOCHESKI of 542 Avenida De Diamonte, JIM STRONG of 688 Equestrian Way, DANE PHILLIPS of l22 Alpine Street, WES CARLSON of 1190 W. Branch Street, SHAY CUDWORTH of 490 Calle Carmen, BILL HARRAH of 769 Via De Diamonte, RUDY VELAND, BILL PARK of Via Bandolero, DORIS PHILLIPS of 399 Spanish Moss and BILL MINTER of Grover city. They listed as reasons for supporting the submitted design, (1) the credibility of the developer, (2) the open design balancing the needs of the property owner and protection of the environment, (3) more trees and other vegetation could be planted by the homeowners, (4) the present design is a good compromise and the number of units greatly reduced from previous plans, (5) the developer has volunteered to pay Traffic Improvement fees, (6 ) there are large lots and no cluster housing, (7) the wildlife and the people could co-exist in the development, (8) Rancho Grande contains fine homes because of its CC&Rs, (9) much of the vegetation on the land has grown since 1984. REUBEN KVIDT of 116 vista Drive, developer of Oak Park Acres, suggested mitigating measures such as streets meandering around the trees, changing the elevation of streets, eliminating sidewalks to save trees, use of retaining walls, carefully boxing in trees, 3 ---------- ~...-- CITY COUNCIL JULY 11, 1989 erosion control on steeper slopes, lot lines placed where they come closer to larger trees, and changing lot sizes in wooded or open areas. BILL TIETJE of San Luis Obispo offered the assistance of the University of California Cooperative Extension Integrated Hardwood Range Management Program in designing for the proper use and protection of the oak resources. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. Council Members Olsen, Dougall, Moots and Mayor Millis said the plan should be redesigned. They discussed the issued of conserving the oak trees; the danger of runoff, erosion and flooding; the necessity of a masterplan for the entire project; the mitigating measures suggested by Mr. Kvidt; the setting up of a committee to work with the developers on a new design, and the need for open space. Council Member B'Ann Smith said she basically liked the submitted design, but a few areas concerning the flora and fauna should be changed. She moved to continue the item to the last week in August, 1989, citing that the Addendum EIR does not appear to be adequate and that the subject site is not physically suitable for the proposed type of development. She requested the following, if necessary: 1. The applicant, staff and representatives of the community meet to discuss possible alteration of the project's design which further minimizes oak tree removal, and other relevant issues. 2. Staff review the biological reports submitted by Mr. and Mrs. Elms, consider the testimony presented Tuesday night, and determine whether additional studies are needed to find the Addendum EIR adequate. An adequate Addendum EIR should include a comprehensive section on fauna (animal life) and flora (plant life). 3. More analysis and mitigation measures, if necessary, of erosion and drainage control in the Addendum EIR. 4. Address other environmental concerns expressed. She added to her motion that the applicant should return with a conceptual design of the remaining unplanned areas, and Staff should provide alternative methods to ensure architectural compatibility of the project with adjacent architecture (including Oak Park architecture). Council Member Moots seconded the motion. Other Council Members and the Mayor said that the developers have heard the public comments and should take them into consideration and resubinit the plan. Council Member Dougall objected to the time frame in the motion. After further discussion a roll call vote was taken and voting aye were Council Members Smith and Dougall. Voting no were Mayor Millis and Council Members Olsen and Moots. The motion failed. It was moved by Moots/Olsen to announce Council's intention to deny the approval and instruct Staff to come back with Findings at the next meeting for rejecting without prejudice the Planned Development Rezone, the Development Plan and the Tentative Tract Map. Council Members Moots, Olsen, smith and Mayor Millis voted aye, and Council Member Dougall voted no. The motion passed. 4 , CITY COUNCIL JULY 11, 1989 . B.C. PUBLIC HEARING TO CONSIDER AMENDING INTERIM URGENCY ORDINANCE NO. 399 C.S.. WHICH PROHIBITS THE ACCEPTANCE AND CONSIDERATION OF ZONE CHANGES. LAND DIVISIONS. BUILDING PERMITS . ARCHITECTURAL REVIEW . OPTIONAL DESIGN STANDARDS AND CONDITIONAL USE PERMITS WITHIN AREA DESIGNATED ON THE GENERAL PLAN FOR MEDIUM-HIGH RESIDENTIAL (13 DWELLING UNITS PER ACRE) AND/OR AREAS ZONED FOR R- 3 (PURSUANT TO $ECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE) TO PERMIT CERTAIN EXCEPTIONS Ms. Liberto-Blanck referred to the July 6, 1989 memorandum of the City Manager, who recommended that the Council adopt the Urgency Ordinance amending the Interim Urgency Ordinances 395 and 399 C.S. to allow exceptions. The Planning Director said the new Urgency Ordinance would allow the issuance of building permits for single family residences and other uses consistent with the R-1 zone. After being assured that the public Hearing had been duly pUblished and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. LOU CABALLERO of Shell Beach said he was representing Coastal Christian Academy. He said the school has requested a Use Permit for the Landmark Baptist Church on Farrell Road, and the amendment would allow the school to submit an application to the city. JIM MC GILLIS, surveyor for San Luis Engineering, asked how the ordinance amendment would work. Ms. Liberto-Blanck said the amendment would apply to uses in the single family zone, but not permit further lot splits. It was moved by Moots/Smith (5-0-0, Moots, Smith, Olsen, Dougall and Millis voting aye) to adopt Urgency Ordinance No. 411 C.S. Amending Interim Urgency Ordinance No. 399 C.S. to Allow the Issuance of Building Permits for Single Family Residences and Other Uses Consistent with the R-1 Zone. 8.D. PUBLIC HEARING AMENDING MUNICIPAL CODE SECTION 6-7.01 AND 6- 7.22 RELATING TO INCREASED WATER AND LOPEZ RATES IN THE CITY OF ARF-OYO GRANDE After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. JOHN KEEN of 29B N. Elm Street said that during Budget Sessions the Council had expressed a desire to review water rates each year so that large increases would not be necessary. Mayor Millis said that was true and directed Staff to make it a policy to review the rates annually. Mr. Christiansen said that would be done. JERRY SILVER of 114 Rogers Court asked why the rate increase was necessary. He said he wanted to be sure it was not because of a shortage of water. Mr. Christiansen said water rates had not been raised since 1983. Public Works Director Paul Karp said operation and maintenance costs were going up. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. 5 '''' CITY COUNCIL JULY 11, 1989 Mr. Christiansen read the title of the proposed Ordinance No. 412 C.S. Amending the Arroyo Grande Municipal Code Relating to Arroyo Grande City Water Rates by Amending Chapter 7 of Title 6, section 6-7.01 (A) , (B) , (C) and (D) and Relating to Lopez Rates by Amending Chapter 7 of Title 6, Section 6-7.01 (g) and Section 6-07.22 (a) ( 4 ) , It was moved by smith/Dougall and the motion passed to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance. 9.A. HOOK RAMPS AT CAMINO MERCADO No Report. 9.B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY AND WESLEY STREET No Report. 9.C. PROPOSED POLICE FACILITY EXPANSION Mr. Christiansen said the architect would be at the next meeting to give input and answer questions. 10.A. OAK PARK ACRES OPEN SPACE (35-ACRE GREENBELT PARCEL) Mr. Christiansen referred to his memorandum of July 7, 1989, and said the City Council's subcommittee recommends acceptance of the 35-acres, which are to remain in Open Space. Mr. Kvidt said he would agree to donate the land to the City as long as it would remain in open space. Mayor Millis said cleaning and maintenance would be necessary but it is the City's intention to keep the land in perpetual open space. He thanked Mr. Kvidt for the donation of the land to the City. city Attorney judy Skousen said there could be a deed restriction concerning the open space. It was moved by Dougall/Olsen and the motion passed to accept the property with a deed restriction saying the land would be in perpetual open space. 11.A. APPOINTMENT OF ROBERT CARR TO THE PLANNING COMMISSION: TERM EXPIRES JUNE 30. 1990 (FILLING UNEXPIRED TERM OF FORMER PLANNING COMMISSIONER CHARLES SCOTT) Mayor Millis nominated Bob Carr to a term on the Planning Commission expiring June 30, 1990. Council Members voted aye. RESOLUTION CONGRATULATING THE CITY OF MORRO BAY ON ITS 25TH ANNIVERSARY It was moved by Olsen/Moots (5-0-0, Olsen, Moots, Dougall, Smith and Millis voting aye) to approve Resolution No. 2326 Congratulating the City of Morro Bay on the 25th Anniversary of Its Incorporation. REOUEST BY SANFORD EDWARD. REPRESENTING PULTE HOME CORPORATION. FOR ANNEXATION OF SOME 72 ACRES: AREA BORDERING THE NORTHEASTERLY CITY LIMITS LYING ON STAGECOACH ROAD Mr. Christiansen referred to his memorandum of July 7, 1989, and said that in keeping with the City's policy of "no major annexations," Staff recommends denial. DAN LLOYD of Engineering Development Associates said he was representing Pulte Home Corporation and spoke in favor of the CITY annexation. He listed reasons for the annexation as being: 1. The city would have control of development of the land. 6 --~--_.._.. _'_",u_ --------- ~ CITY COUNCIL JULY 11, 1989 2.. Tax benefits to the City. 3. Traffic Impact fees to the City. 4. Drainage and siltation impacts could be mitigated. 5. The property would provide a transitional area between the City and County. 6. Pulte Homes are of high quality. 7. An alternate source of water would be provided to the City. After Council discussion, it was moved by Olsen/Moots and the motion passed to deny the application for annexation on the basis of the lack of City water and other City services in general. 11.D. ANNUAL RATIFICATION OF AREA COUNCIL JOINT POWERS AGREEMENT Withdrawn from the Agenda. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS None. ADJOURNMENT The Council adjourned at 11:45 P.M. MAYOR ATTEST: CITY CLERK