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Minutes 1990-12-11 . __._._ "_____u~__..._.________ .. -".-. -'~----'-"--- -.-_.._- .-- -..-.- ,.-.. ._--. ----.- -----.-.. - ---- _. .-..-.- , ./ ~. -.... 334 - MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, DECEMBER 11, 1990 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. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and Father Ron Shirley of st. Patrick's Catholic Church delivered the invocation. ROLL CALL 'I , Present were Mayor Millis and council Members A.K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. Staff members present were City Manager Chris Christiansen, city Attorney Judy Skousen, Deputy city Clerk Marylue Shoemaker, Current Planner Scott Spierling and Public Works Director Paul Karp. ORAL COMMUNICATIONS None. CONSENT AGENDA It was moved by Dougall/Smith, and the motion passed, to approve Consent Agenda Items 5.A. through 5.X. , with the recommended courses of action. 5.A. November 13, 1990, city council Minutes. Approved. 5.B. November 27, 1990, city Council Minutes. Approved. I S.C. December 4, 1990, city council Reorganization Minutes. Approved. S.D. December 5, 1990, Senior Advisory Commission Minutes. Approved. 5.E. November, 1990, Investment Report. Information. 5.F. Purchase of Vent Fans; pUblic Works Department: Budgeted Item. Approved. 5.G. Public Works Department Request of December 4, 1990 to construct Deep Water Well: Project No. 60-90-4. Authorized. 5.H. Execution of Park and Ride Lot Agreement. Authorized. 5.I. Report of Planning Commission Findings and Recommendations for Revocation of Conditional Use Permit Case No. 89-453, Liquor Store at 320 East Branch street: Charles Doster/Carlen Landeck. .-, Information. ! I 5.J. Award of Contract for Various Street Paving: Project No. 90-90-1. Authorized. S.K. Award of.Bid to Refinish Community Center Floors, Baseboards, and Handrails. 'Authorized. 6. REGISTER OF CHECKS It was moved by Smith/Dougall, and the motion passed, to approve the cash disbursements in the amount of $1,015,234.73, as contained in the December 6, 1990 Staff Report of Finance Director David Bacon. . - 1 --_.-....-_..-. . .-........ 335 CITY COUNCIL MINUTES DECEMBER 11, 1990 6.A. PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 90-478: ARCHITECTURAL REVIEW CASE NO. 90-462: APPEAL OF A DENIAL BY THE PLANNING COMMISSION FOR A SECOND RESIDENTIAL UNIT AND A FARM OFFICE ATOP AN EXISTING GARAGE: 801 HUASNA ROAD: JAMES P. DOTSON. Current Planner Scott Spier ling referred to the December 11 1990 memo of Planning Director Doreen Liberto-Blanck and said that' on May 19, 1989 the city Building Department issued a building permit for a 31 foot by 36 foot garage to replace an existing 20 foot by 20 foot garage at 801 Huasna Road. He said that the new garage was to be a maximum height of 14 feet, and after the permit ,~ was issued the old garage was demolished and work started on the new garage, but in March of 1990 the Building Department received a citizen complaint that a second story was being constructed over the garage. He said that on April 4, 1990, after several investigations, the Building Department placed a "Stop Work" order on the building and as of this date the interior of the second story structure is unfinished but the exterior is nearly completed with minor work to be done on the doors and windows. Mr. Spierling said that the project was reviewed at the Planning commission Meetings of October 2 and November 6, 1990 and the commission voted 4 to 1 to deny the Conditional Use Permit. 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. SHAWNA SULLIVAN, attorney for the Dotsons, said that when the Dotsons appiied for the permit the plans stated "designed for future room on top" and the permit application stated building designed to support future second story addition. She said that as soon as the Dotsons got word that it was going to be red tagged they stopped work on it, but removal is not the r~medy. She said that denial is an excessive penalty for the Dotsons and that they have already incurred substantial cost associated with building the garage to accommodate a two story structure. She said that the Dotsons have learned a costly lesson and asked the Council to grant the appeal and issue the permit. JIM DOTSON of 801 Huasna Road said that when John Richardson I put the stop work order on, there was no more work done. He said that if he broke the law he will tear it down and go back through the process and apply for the permit and do everything according to the City ordinance. He said that hooking up to the sewer will cost him $7,000 and tearing the structure down and putting it back up will cost about $20,000. He said that he did not want to do anything illegal but he needs time to take it down and save ~ everything he can. DEANIE DOTSON OF 801 Huasna Road said that she was concerned I about the staff report and felt that a lot of things that were said were inaccurate and one-sided. She asked what is a substantial loss and who makes the judgement. She said that a substantial loss could be the difference between solvency and insolvency and the fact that the owner is a contractor would not make the cost less to demolish the structure. She asked that the city treat this as an ordinance violation and penalize or fine the violator and overturn the denial of the conditional use permit by the Planning Commission and rights which previously existed for this piece of property. Also speaking in favor of the project were STANLEY CURTIS of 800 Plata Road who said that the Dotsons had cleaned up the mess on the hill, RON OLSON of 515 Platino Lane who said that the penalty was too harsh and that the building was up to code, and JOHN MALONEY of 263 Oro who said that the project is better than some of 2 _. ____.._ __.,._ _______.._____~.___ ~. ____~_______________ _...___ _._.~_______.~_______. _~_._______m_____ 336 --- CITY COUNCIL MINUTES DECEMBER 11, 1990 the alternatives. MARGARET STONE, attorney for Mr. and Mrs. Bernstein said that many of the neighbors complained to the city about the structure and that work did continue after the "stop work" order. She said that she feels sorry for anyone in the situation of having to take down something but that it appears that the Dotsons left themselves wide open for this. She said that the City of Arroyo Grande has the right to protect the existing rights of home owners and that it is not the burden of the community to show the Dotsons where, on their eight acres, they might site the second story structure. She .-.., said that she did not feel that the City was making an example of the Dotsons and that it is just protection of property owners rights and the enforcement of laws. She said that the zoning laws and planning laws were written with the idea in mind that neighbors can live together peaceably. ELIZABETH BERNSTEIN of 255 Oakwood Court said that attention has been on the view and that part of the view is not so much what has been taken away, but what has been substituted. She said that what has been substituted is so dominating that it looms over her home and garden and anyone who happens to go along the fitness trail of wildwood Ranch. She said that on a practical level she can't imagine who would want to buy her place under these circumstances, so the property value is lowered, and by an illegal structure at that. Also speaking against the project was DON ROBINSON, president of Wildwood Homeowners Association, who said that he is appalled and surprised/that a contractor such as Mr. Dotson could make such a terrible mistake and then try to cover it up with a lot of half- truths. He said that this is a matter of paying attention to the laws which are there to benefit everybody and to go through a due process, to be honest about it. He said that he thought there was a lot of dishonesty in the whole thing. Jim Dotson said that he can take it down but there has never been any dishonesty. Mayor Millis asked if the whole structure had to be torn down or just the granny house. Mr. Dotson said it was only the granny house, that he had a permit for the garage. JOHN BECKER of Wildwood Ranch said there was no problem with him on the one-story garage because it was to be about 15 feet high but when the second story went on, without a permit, it ended up to 29 or 30 feet high. He said he is not complaining about the garage ~ but about the second floor going up on the garage. Mrs. Bernstein said that she wanted to contradict some of the testimony because the work did continue after the stop order was issued. Mr. Dotson said that the second story was started on a Friday and finished on a Monday and there was never any work on it after the red tag was put on. MR. GAYNER of 247 Oakwood Court said that his patio is 23 feet from the Dotson driveway and 100 feet from the new building. He said that it took nine months to build one floor and then one weekend the whole second floor was put on in three days. He said that this was done because Mr. Dotson knew that no one from the city could red tag it until Tuesday. He said that he knows what is coming in the future if something isn't done about it today. 3 -. -... . 337 CITY COUNCIL MINUTES DECEMBER 11, 1990 i i DAVID GRANT of 236 Oakwood Court said that his issue is doing i work without permits. He said that when he wanted to make some ! mod~fications on his house he went to the City for advice on how to I do 1t, followed the procedure, got permits, got inspections as it went along and objects when anybody doesn't live by the law. TOM WARDELL of wildwood Ranch said that the bottom line of this thing is upholding the policies and procedures and laws of the city of Arroyo Grande. STAN BERNSTEIN of 255 Oakwood Court said that he had attended meetings where the Grace Bible Church came befot'e the Planning Commission and the Council seeking approval for their new church and that it was fascinating to see how they wo~ked with the Planning Department staff, the Planning Commission and their neighbors and in that atmosphere the project went forward. He said that in this case there has been no spirit of cooperation. DR. JOHN PACE of 220 Oakwood Court said that he had just filed a completion on a structure that he built and the permit process took about six months and there were multiple inspections. He said that the City's procedure is commendable. When no one else came forward to speak, Mayor Millis closed the hearing to the floor. After discussion the Council agreed to uphOld the Planning Commissions denial and give Mr. Dotson a reasonable period of time to dismantle' the structure. Council Member Smith asked what a reasonable period was and Chief Building Inspector John Richardson said 30 to 60 days. After further discussion it was decided to amend the resolution to include that the structure must be removed immediately. Mr. Christiansen read the title of the resolution. It was moved by Dougall/Olsen (5-0-0, Dougall, Olsen, smith, Moots and Millis voting aye) to approve Resolution No. 2433 upholding the Planning Commissions denial of conditional Use Permit Case No. 90- 478: Architectural Review Case No. 90-462: Appeal of a Denial by the Planning Commission for a Second Residential Unit and a Farm Office Atop an Existing Garage; 801 Huasna Road: James P. Dotson. Mr. spierling said that the Council will want to deny by minute motion the appeal of Architectural Review Case No. 90-478. It was moved by Dougall/Olsen and the motion carried to deny the appeal of Architectural Review Case No. 90-478. (' THg CITY COUNCIL RECESSED FOR FIVE MINUTES I 7.B. PUBLIC HEARING URBAN WATER MANAGEMENT PLAN UPDATE: I - CITYWIDE:CITY OF ARROYO GRANQE: PAUL J. KARP. DIRECTOR OF PUBLIC , WORKS/CITY ENGINEER. Mr. Karp referred to the draft of the plan and his memo of December 4, 1990 and said that he would answer any questions the Council might have. Council Member Olsen asked if the figure of the water needed was accurate. Mr. Karp replied that it was based on the assumptions in the report. After additional questions by Council Members, Mayor Millis declared the hearing open. When no one came forward to speak Mayor Millis closed the hearing to the floor. Mr. Christiansen read the title of the resolution. It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to approve Resolution No. 2434 adopting the 4 -.. ---.. "----- - "----, ---.-. ---'-"---"~----------'----""---'__-"____. -_.__.___.__'.__ _._'_ 0"----- ,..--.. 338 -, CITY COUNCIL MINUTES DECEMBER 11, 1990 Urban Water Management Plan Update: Citywide: City of Arroyo Grande. 7.C. PUBLIC HEARING - AMENDMENT TO THE ARROYO GRANDE MUNICIPAL CODE. TITLE 6. CHAPTER 1. CONCERNING ANIMAL CONTROL TO CONFORM TQ RECENTLY UPDATED SAN LUIS OBISPO COUNTY CODE SECTIONS ON ANIMAL CONTROL. AND TO COMPLY WITH THE CITY'S AGREEMENT FOR ANIMAL CONTROL SERVICES WITH THE COUNTY: CITYWIDE Mr.Christiansen said that he, the city Attorney and Police D~partment have reviewed the document and that there were just mJ.nor changes. ~ , Mayor Millis declared the hearing open. When no one came forward to speak Mayor Millis closed the hearing to the floor. Mr. Christiansen read the title of the ordinance amending the Arroyo Grande Municipal Code, Title 6, Chapter 1, concerning Animal Control to Conform to Recently Updated San Luis Obispo County Code Sections on Animal Control, and to Comply with the city's Agreement for Animal Control Services with the County: Citywide. It was moved by Dougall/Olsen, and the motion passed to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance. 8.A. HOOK RAMPS AT CAMINO MERCADO No Report. 8. C. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET IGRAND AVENUEI TRAFFIC WAY AND WESLEY STREET. No Report. B.C. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY. City Attorney Skousen said that we are currently appearing before the Board of supervisors on the Mesa Drive project. She said that Planning Director Doreen Liberto-Blanck is attending a meeting this evening and presenting Ms. Skousen's report. She said that if the board issues a negative declaration and approves the project, the city will sue. She said that the developer needs to do an Environmental Impact Report. Because of a possible conflict of interest Mr. Christiansen, Mayor Millis and Council Member Dougall left the room at 9:10 P.M. 8.D. PROPERTY TRANSFER - FIVE ACRES. city Attorney Skousen said that the title company advised her that Don MCHaney had agreed to sign if the title company would change the papers to reflect that everything had been assigned to Royal Oaks Estates. She said that the Council needs to adopt a ""I resolution amending Resolution No. 2293 in which the Council agreed I to accept the property. She said that the property will be transferred to the City from Royal Oaks Estates and also the legal , , description of the property has been changed. Mr. Karp asked Ms. Skousen to read the legal description. He said that the description wasn't even close. Ms. Skousen said that she and Paul would get together with the title company and bring the resolution back to the council at the next meeting. Mr. Christiansen, Mayor Millis and Council Member Dougall returned at 9:15 P.M. 9.A. APPOINTMENT OF NANCY MAYNARD TO THE SENIOR ADVISORY COMMISSION: TERM EXPIRES JUNE 30. 1993. (REPLACING FORMER SENIOR ADVISORY COMMISSIONER ROBERT GRUBER) Mayor Millis said that he would like to nominate Nancy Maynard 5 ..m____~_. ____._.. ____ ._0 ____. __ n_..' ~ 339 CITY COUNCIL MINUTES DECEMBER 11, 1990 to the Senior Advisory Commission. Council, voted unanimously in favor. 9.B. COUNCIL APPOINTMENTS LIST Mayor Millis said that there was a typo and that the Area Coordinating Council should list Gene Moots as rimar representative and B'Ann Smith as the alternate. p y 9. C. ADOPTION OF RESOLUTION INITIATING THE NUISANCE ABATEMENT PROCEDURES: APN 007-031-027: (NEWPORT PROPERTIES} (' Mr. Karp said that he had prepared a resolution to set a publ~c hearing to listen to evidence as to whether or not there is a nu~sance on 221 Corbett Canyon Road. He read the title of the resolution and it was moved by Dougall/Olsen and the motion passed to dispense with further reading of the resolutiOn. It was moved by 90ugall/Olsen, (5-0-0, Dougall, Olsen, Moots, Smith and Millis votlng aye) to adopt Resolution 2435 Initiating Nuisance Abatement procedures: APN 007-031-027: Newport Properties. 9. D. LETTER OF REOUEST FROM CASA TIERRA INVESTMENTS FOR PERMISSION TO HOOK UP TO CITY SEWER SYSTEM: PROPOSED COUNTY ~CT MAP 1724: PROPERTY AT END OF MESA DRIVE. Mr. Christiansen said that this is the second time the Council has had this request and in accordance with Council policy, it is being recommended for denial. It was moved by Dougall/Smith and the motion carried to deny the request. 9. E. LETTER OF REOUEST FROM NORMA RITTER TO BUILD A FENCE. 3 1/2 i FEET HIGH. AT 398 SPANISH MOSS LANE. ROYAL OAKS SUBDIVISION ' Mr. christiansen said that essentially there is no difficulty I in the request as lonq as it meets the City's zoning code and what that means is if the fence is to be 3 1/2 feet it must be 20 feet or more back of the property line. He said if it is less than that, it must be 3 feet. It was moved by Olsen/Dougall and the motion passed to approve the request. 9.F.1 "NO PARKING BETWEEN 7:30 A.M TO 3:30 P.M.. MONDA"( THROUGH FRIDAY" ZONE AT 1203 AND 1207 MONTEGO STREET. (PARKING J\ND TRAFFIC COMMISSION RECOMMENDS APPROVAL\ Mr. Karp read the title of the resolution. It was moved by smith/Dougall (5-0-0, smith, Dougall, Moots, Olsen and Millis voting aye) to adopt Resolution No. 2436 establishing a "No Parking Between 7:30 A.M. to 3:30 P.M., Monday Through Friday" Zone at 1203 and 1207 Montego Street. 9.F.2 REPLACING EXISTING "YIELD" SIGN WITH "STOP" SIGN. ON SIERRA DRIVE AT ITS INTERSECTION TO HILLCREST DRIVE. (PARKING AND TRAFFIC COMMISSION RECOMMENDS APPROVAL} r Mr. Karp read the title of the resolution. It was moved by Dougall/Olsen (5-0-0, Dougall, Olsen, Smi th, Moots and Millis voting aye) to adopt Resolution No. 2437 Replacing Existing "Yield" sign with "stop" sign, on Sierra Drive at its Intersection to Hillcrest Drive. 10. WRITTEN COMMUNICATIONS Mr. Christiansen said that Ms. Liberto-Blanck had been at the California State Coastal conservancy meeting in Napa and that the city was awarded a grant Of $25,000 for preparation of a Coordinated Agricultural Support proqram for the Arroyo Grande Valley. 11. ORAL COMMUNICATIONS I Mayor Millis announced his intention to nominate Harold Moore i to a Countywide citizens Transportation Advisory Committee. ' It was moved by Dougall/smith and the motion carried to add an 6 .. __~_oo _____o~_.._~_.__._..._____._________ _. --______0._-__------ '""' 340 CITY COUNCIL MINUTES DECEMBER 11, 1990 emergency item to the agenda. It was moved by Dougall/Olsen and the motion carried to cancel the Council meeting of December 25, 1990. 12. CLOSED SESSION None. 13. ADJOURNMENT The council adjourned at 9:30 P.M. on motion of Moots/Dougall. ! ~~_.a: '" /J'J _ L -/ MAR SHOEMAKER, DEPUTY CITY CLERK , l 7