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Minutes 1987-09-08 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 8, 1987 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met in regular session at 8:00 P.M., with Mayor Howard Mankins presiding. Present were Council Members Dorace Johnson, Mark M. Millis, Gene Moots and D. G. Porter. FLAG SALUTE AND INVOCATION Mayor Mankins led the Pledge of Allegiance to our Flag, and the Rev. Dennis Bjorgan, First Assembly of God Church, delivered the invocation. PUBLIC APPEARANCES None. CONSENT AGENDA Moved by Moots/Johnson (5-0-0) to approve the Consent Agenda with the recommended courses of action. C.l. City Counci I Minutes of August 25, 1987. Approved. C.2. Proclamation, "National POW/MIA Recognition Day," Friday, September 18, 1987. Proc I aimed. C.3. Long Range Planning Ad Hoc Committee Minutes of August 24, 1987. Information. C.4. School Facilities Fees Annual Report, 1986-87. Information. C.5. Courtland Traffic Signal Progress Report. Payment Authorized. C.C.FILE 11-11-6 Public Hearings PROPOSED AMENDMENT TO MUNICIPAL CODE TO REZONE CERTAIN PROPERTY WITHIN RANCHO GRANDE DEVELOPMENT FROM UNPLANNED "PLANNED DEVELOPMENT" TO PLANNED DEVELOPMENT (P-D) TO ALLOW INVITATIONAL BED AND BREAKFAST INN (1190 WEST BRANCH) WESLEY CARLSON-C.C.FILE 6-10-15 Clty Attorney Art Shaw said this was a procedural issue that came to the City Council as a use permit case from the Planning Commission. He said it should be an ordinance amending the Rancho Grande Planned Development Ordinance. He said if there are no substantial changes by the City Council to what the Planning Commission considered and approved, the item can be treated as a recommendation for an ordinance from the Planning Commission. He said if the City Council wants to make substantial changes, he would recommend referring the matter back to the Planning Commission for its review of a proposed ordinance change. Council Member Millis said the item should go back to the Planning Commission for consideration since it is an amendment of the ordinance. He said the Planning Commission may have voted yes on a use permit, but no on a rezoning. He said the letter of the law should be following on this rezoning procedure. Acting Planning Director Ned Rogoway said he had initially advised the applicants to apply for a conditional use permit, but later found that the ordinance that applies to Rancho Grande applies to the Rancho Grande properties. He said this property is designated in the ordinance as unplanned. He said after consulting with Mr. Shaw, it had been decided that it should be an ordinance amendment. Mr. Shaw said lawsuits could be avoided by sending the item back to the Planning Commission. He said other Staff members may want to have input on the project. After Council discussion, it was moved by Millis/Johnson (5-0-0) to send this question of rezoning back to the Planning Commission. CITY COUNCIL SEPTEMBER 8, 1987 ARROYO GRANDE, CALIFORNIA PAGE TWO APPEAL OF PLANNING COMMISSION'S DENIAL OF MINOR SUBDIVISION AT 405 ANO 407 TRAFFIC WAY, IN "C-3" DISTRICT, JERRY AND JEAN BOWSER (LOT SPLIT CASE NO. 87-445)-C.C.FILE 6-10-16 Mr. R090way referred to his memo of September 1, 1987, and showed a map of the property on the overhead projector. He described the proposal and said the Planning Commission had studied it and found that the proposed office use was not legal in a C-3 District, and the driveway width did not meet City standards. Mr. Shaw said this is not a condominium project. He said if the land was split up with two units and a common open space, it would be a planned unit development. He said if the City Council approves this type of parcel, it should have a use permit and conditions approved by the City. He said a use permit is necessary because there are conditions which should be required, and the adjoining property owner should be a part of the agreement. He said currently the office building located there is a legal non-conforming office use, and if ownership changes, the use permit should contain a statement saying that if the property is sold the use would revert to retail zoning. He said the use permit would be for the common area and two office buildings. Council Members discussed with Staff the driveway width and the common parking area. Mayor Mankins opened the Public Hearing. JERRY BOWSER of 407 and 405 Traffic Way, the applicant, gave a history of the development of the property. He said he and the adjoining owner have a mutual agreement concerning the driveway. He said the driveway is actually 27 feet wide, and there are 13 parking spaces. MARIE CATTOIR of 195 Orchid Lane asked if the City Council grants the planned development concept and the building is sold in front, will the offices be sold separately. Mr. Rogoway said the applicants have asked for a planned development parcel map, which involves the whole building. He said the applicants are creating three lots, and offices inside the buildings are part of each property. Mr. Mankins closed the public portion of the hearing. There was Council discussion of how to respond to the applicant, and Mr. Shaw said the Council could approve the project with conditions and send it back to the Planning Commission for the issuance of a use permit. A motion was made by Porter/Millis to send the matter back to the Planning Commission for issuance of a use permit and addition, of conditions. Council Member Millis said in addition,an ordinance should be written to cover this type of matter in the future. Council Member Johnson suggested that the conditional use permit be issued by the City Council and then sent back to the Planning Commission. Council Member Moots suggested the City Council issue the conditional use permit and let the Staff write the conditions. Council Members agreed to this plan. Council Members Porter and Millis reworded their motion (the vote was 5-0-0) to refer the proposal to Staff to write conditions, including the driveway having a proper recorded easement, the parking lot being properly maintained, the fire access being approved by the Fire Chief, and any other necessary conditions being added by Staff. It was also moved by Millis/Johnson (5-0-0) to direct Staff to write an ordinance covering this type of situation in the future. Mayor Mankins said the Appeal and Public Hearing would be continued for two weeks. CITY COUNCIL SEPTEMBER 8, 1987 ARROYO GRANDE, CALIFORNIA PAGE THREE FIRST READING OF ORDINANCE CHANGING ZONING CLASSIFICATION IN CERTAIN SPECIFIC PROPERTIES WITHIN LOTS 4 THROUGH 8, BLOCK 6, PARCEL A OF PM21-44, AND LOTS ONE THROUGH 9, 8LOCK 7, ALL IN TRACT NO. 46, LOCATED IN THE HILLCREST DRIVE AREA, FROM R1, SINGLE FAMILY RESIDENTIAL TO R1-D, SINGLE FAMILY RESIDENTIAL, WITH A "-0", DESIGN COMBINING DISTRICT-C.C.FILE 6-15-83 Mr. Shaw referred to the proposed ordinance chan9ing zoning classification in the Hillcrest Drive area and said what the Council had before it was what it approved at the last meeting and had been brought back in ordinance form. He read the complete ordinance. Mr. Rogoway said the addresses to be filled in the blanks in the ordinance were 1315 to 1529 Hillcrest Drive and 1300 to 1470 Newport Avenue. Moved by Porter/Millis (5-0-0, with Council Members Porter, Millis, Moots, Johnson and Mayor Mankins voting aye) to approve the first reading of the proposed ordinance. 136 VISTA CIRCLE ARCHITECTURAL REVIEW-C.C.FILE 6-15-85 Mr. Rogoway referred to his memo of September 3, 1987. He showed the property on a map on the wall. He said the Planning Commission had reviewed the architecture and had recommended the following conditions: 1. A drainage and grading plan shall be prepared by a registered civil engineer which .contains an appropriately sized non-erodible drainage swale per AG Standard 391 A.G. or other acceptable non-erodible surface. In addition all on-site drainage pipes shall be sized to accommodate maintenance or protection of inlet structures shall be designed in a fail safe manner. Existing driveway location to be verified by the engineer. 2. The landscape plan shall be submitted to the Director of Parks and Recreation for his review and approval. 3. Driveway shall be graded to a slope not to exceed 15 percent and a width of not less than 12 feet. Moved by Moots/Millis(5-0-0) to approve the project with the Planning Commission recommended conditions. URGENCY ITEM-OAK PARK FOURSQUARE CHURCH-C.C.FILE 6-10-13 Mayor Mankins referred to a September 8, 1987, letter from Richard Day, Associate Pastor and church construction project supervisor, requesting an urgency item on the agenda. The Mayor said the church had begun sidewalk construction and, in error, set the forms for six-foot wide meandering sidewalks. After Council questions of Staff, it was moved by Porter/Moots (5- 0-0-) to approve adding the urgency item to the agenda on the basis of cost factors for the applicant, and apparent conflicts in City documents regarding the sidewalk configuration. THE REV. DAY said there were two conflicting City documents which the construction workers were following, one saying 10 feet wide straight sidewalks, and one saying 6 feet wide meandering sidewalks. Parks and Recreation Director John Keisler said the meandering sidewalks would match with the neighboring tract's walks and are an improvement over the straight walks in this case. Moved by Millis/Johnson (5-0-0) to allow the six feet wide meandering sidewalks and amend the resolution approving the use permit, adopted by the City Council June 26, 1984. AWARD OF TOW SERVICE BIDS Police Chief James Clark referred to his memo of September 3, 1987, and recommended that tow services in Arroyo Grande be awarded to the low bidder, Bill's Towing, for a period of one year, beginning October 1, 1987, through September 30, 1988. Moved by Millis/Porter (5-0-0) to award towing services to the low bidder, Bill's Towing. CITY COUNCIL SEPTEMBER 8, 1987 ARROYO GRANDE, CALIFORNIA PAGE FOUR AWARD OF TRAFFIC WAY STORM DRAIN AND WATER MAIN IMPROVEMENTS BID-C.C.FILE 9-17-29 Public Works Director Paul Karp referred to his memo of September 2, 1987, and recommended that the City Council amend the budget and authorize award of the storm drain project to the low bidder R. Baker, Inc., to construct storm drain and water main improvements within Traffic Way for the amount of $532,970.00. Mayor Mankins asked about the completion schedule on this bid. Special Projects Engineer Dwayne Chisam said it will be 30 working days after delivery of pipe, which will take 6 to 8 weeks. Moved by Moots/Johnson (5-0-0) to approve Mr. Karp's recommendation. GRAND AVENUE TRAFFIC IMPROVEMENTS-C.C.FILE 11-11-8 Mr. Karp referred to his memo of September 2, 1987, recommending that the City Council review materials prepared in response to a City Council study session held July 29, 1987, at various locations on Grand Avenue. He also referred to a September 1, 1987, memo written by Mr. Chisam, who heads the traffic portion of the City Engineering Department, summarizing the issues and recommending traffic improvements on Grand Avenue. Mr. Karp posted on the board blue line photo9raphic sheets showin9 Staff, Omni-Means and City Council recommendations. Mr. Chisam spoke from the data reviewing the various locations on each sheet. Council Members had comments on some of the proposed red curbing; on addin9 stop signs, crosswalks and beacons; on traffic speed, and on other traffic issues. Mr. Karp referred to his memo of August 4, 1987. He discussed new ramps going in at U.S. 101, and recommended that the Council maintain a left hand turn lane in front of McDonald's Restaurant. He said there would be a signal at West Branch that would help the traffic flow in front of McDonald's. Mr. Chisam discussed the benefits of center medians on Grand Avenue. After more Council and Staff discussion, including the encouragement of alternate routes to Grand Avenue and private off-street parking, it was decided that the matter would be continued to the September 22, 1987, meeting, and that it would be taken up as the last item on the agenda with one hour scheduled for discussion. REQUEST FOR PERMISSION TO REMOVE TREES FOR FILL ON COUNTY AG ZONED LAND-C.C.FILE 6-14-105 Mr. Karp said that developer Bill Lackey had asked for City approval of the placement of fill on County property next to the Woman's Club. Mr. Karp said if the fill is placed in the draw, it would necessitate the removal of quite a few oak trees. He said the material was previously planned for the school site. He said the area is zoned agriculture and is owned by the County. Council Member Millis asked the status of the escrow - the land swap concerning this property. Mayor Mankins said it has not been put together yet and it is County land at this moment. He said it was before the Council because of the trees. Mr. Lackey showed the area on the map. He said the Oak Trees are in the gully. He said he wants to use the fill where it will do some good. He said it will improve what will be City property. He said, with regard to the land swap negotiations, that he is working with the County and getting all the easements now. Mr. Keisler said there are 20 or 30 trees there, but he had not seen the site plan as yet. . CITY COUNCIL SEPTEMBER 8, 1987 ARROYO GRANDE, CALIFORNIA PAGE FIVE REQUEST TO REMOVE TREES FOR FILL ON COUNTY AG ZONED LAND Continued from Page 4 Mr. Lackey said the road would take out approximately 13 trees. . Council Member Millis said if the land was used for a park, for eg., f,ll would not be needed. Fourth District Supervisor Jim Johnson said the land will have to be used for a public building. Council Member Millis said he wanted to see a copy of the agreement as soon as possible. There was Council discussion of Oak Branch Road configuration. Council Member Porter sa,d he had not seen the road actually drawn in on a map. Mr. Lackey said he had only had the plans for about a week. Mayor Mankins asked when the request for approval of the road will come to the Council. Mr. Lackey said the plans are now in the City's Public Works Department. MICHAEL ZIMMERMAN, an attorney of 227 E. Branch Street, said there are agreements being made concerning a civic center location that the Council is not aware of. He said the Council should have a committee involved in all of the negotiations,and specific goals set out for how the land will be used. He said there is civic center property already on Branch Street. Mayor Mankins asked Mr. Karp when the request would come to Council to remove the trees for the street. Mr. Karp said the plans are being checked now. Council Member Millis said it does not sound like there will be choices as to how the land can be used. Mayor Mankins said the Council has known for a long time that it would be involved in this matter with regard to the road. There was further discussion. It was explained by Council Member Porter to the Council that Mr. Lackey was proposing to fill two steep unusable gullies on either side of the road. Council Members Moots and Johnson said the trees could not be saved anyway. Council Member Millis said it makes sense to put the fill there. Moved by Moots/Porter (5-0-0) to approve the request to remove trees for fill on County Ag Zoned Land, with a working relationship between the developer, Mr. Keisler and Mr. Karp. Mr. Karp asked the Council if there were any major objections to this road alignment. Mayor Mankins explained the alignment. Council Member Porter was given a map showing the alignment. No Council Member expressed any objections to the alignment. HARVEST FESTIVAL Mr. Mack referred to an August 21, 1987 letter from Katcho Achadjian, 1987 Harvest Festival President. Moved by Millis/Porter (4-0-1, Johnson abstaining) to approve the request to use City facilities and other specific areas for festival activities. Moved by Millis/Moots (4-0-1, Millis, Moots, Porter and Mayor Mankins voting aye, Johnson abstaining) to approve Resolution No. 2154 Requesting Authorization to Close a City Street for the Harvest Festival Parade. WATER SERVICE TO OUTSIDE-CITY RESIDENTS-C.C.FILE 13-1-15 Moved by Millis/Porter to adopt Resolution 2155 (5-0-0, Millis, Porter, Johnson Moots and Mayor Mankins voting aye) to adopt a policy for the use and'extension of City water outside the City limits. Moved by Porter/Moots (5-0-0, Porter, Moots, Johnson, Millis and Mayor Mankins voting aye) to approve the Agreement to extend water service outside the City to 1216 Huasna Road (Henry Alexander). CITY COUNCIL SEPTEMBER 8, 1987 ARROYO GRANDE I CALIFORNIA PAGE SIX WATER SERVICE TO OUTSIDE-CITY RESIDENTS Continued from Page 5 Mr. Mack called Council attention to the fact that through adoption of a policy for offering water service outside the City, he would construe Council intent to be that the City would not provide water to property on Grand Avenue in Grover CitYI when and if it develops. FEES AND CHARGES Mr. Mack asked for Council input. He said a Public Hearing would be necessary. Mayor Mankins asked about Election filing fees. Mr. Shaw said he and the City Clerk would recommend changing printing costs since there is a $25 limit for a filing fee. Mayor Mankins said the Council adopted a $75 filing fee. The City Clerk said some City Councils charge $25 filing fees and also printing costs for candidates statements. She said some Councils do not charge any fees at all. Council Members discussed the matter and said they preferred a $75 total charge to candidates, including the $25 filing fee. Mayor Mankins said the item would be advertised and come back to the Council for a Public Hearing on September 22, 1987. STUDY SESSION-RANCHO GRANDE-C.C.FILE 6-14-66 A Study Session on Rancho Grande Shopping Center Development was set for 3:30 P.M. September 15, 1987, in Council Chambers, 215 E. Branch Street. ADJOURNMENT TO CLOSED SESSION The Council adjourned at 11:25 P.M. to a Closed Session. RECONVENEMENT AND ADJOURNMENT The Council reconvened to open session at 11:58 P.M. Moved by Moots/Millis (5-0-0) to immediately adjourn to a continued meeting on September 15, 1987, at 3:30 P.M. MAYOR ATTEST: CITY CLERK CITY OF ARROYO GRANDE CITY COUNCIL MINUTES Septenber 6, 1987 The City Council met at 6:30 P. M. in the City Council Q1Bmbers Building. Mayor Mankins called the meet~ to order. Upon roll call, all menbers of the City Council were found to be present. On motion of Council Member Porter, with second by Council Member Moots, the City Council adjourned to Closed Session for personnel matter relat~ to the EII'ployment and interview of a Plann~ Director candidate. At 7:50 P. M., Council returned to Open Meeting. Upon Council MenDer Millis's motion, seconded by the Council Member Johnson, the meeting was adjourned. --..'-.--- ~,--,,----_.- ROBERT MACK, DEPUTY CITY CLERK