Minutes 1992-12-22
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, DECEMBER 22, 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 Matthew Peter Gallagher, III presiding.
1. & 2. FLAG SALUTE AND INVOCATION
Mayor Gallagher led the Pledge of Allegiance to our Flag, and
the Rev. Paul Bautts of Bethel Baptist Church delivered the
invocation.
3. ROLL CALL
Present were Mayor Gallagher and Council Members Drew Brandy,
Bernard Burke, Gene Moots and James Souza. Staff Members present
were city Manager Chris Christiansen, City Attorney Judy Skousen, '-'
City Clerk Nancy Davis and Current Planner Scott Spierling.
4. ORAL COMMUNICATIONS
The Rev. Bautts commended the City for its stance on keeping
the Nativity scene in the Traffic Way Park. He said the City's
position is sensible and showed courage.
5. PRESENTATION OF PLAOUE OF APPRECIATION TO BERNARD BURKE. FORMER
SENIOR ADVISORY COMMISSIONER
Mayor Gallagher thanked Council Member Burke for his work on
the Senior Advisory commission and welcomed him to the city
Council. Council Member Burke thanked the Council for the
opportunity to serve.
6. CONSENT AGENDA
It was moved by Burke/Moots, and the motion passed unanimously
to approve Consent Agenda Items 6.A. through 6.F. , with the
recommended courses of action.
6.A. November 24, 1992, City Council Minutes. Approved.
6.B. December 1, 1992, City Council Minutes. Approved.
6.C. December 8, 1992, City Council Minutes. Approved.
6.D. Request of Village Improvement Association for Easter in the
Village, April 3, 1993: and the Annual strawberry Festival, May 29
and 30, 1993. Approved.
6.E. Public Informational Sign at El Camino Real at U.S. 101, as
Requested by Arroyo Grande Village Improvement Association.
Information.
6.F. Parks and Recreation Commission Request for Procedure and
Charges for Inspection of City Files. Staff Recommendation
Approved.
7. REGISTER OF CHECKS
It was moved by Moots/Brandy, and the motion passed -..J
unanimously to approve cash disbursements in the amount of
$751,137.61, as listed in the December 16, 1992, Staff Report of
Finance Director David Bacon.
B.A. PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 92-504 AND
REVISED PHASING PLAN FOR ARCHITECTURAL REVIEW CASE NO. 87-395:
PROPOSAL FOR LOT LINE ADJUSTMENT BETWEEN PARCEL B OF PARCEL MAP 79-
838 AND PARCEL 1 OF PARCEL MAP AG 82-035: AND TO MODIFY PHASING
PLAN PURSUANT TO THE PROPOSED LOT LINE ADJUSTMENT: 1197 JAMES WAY:
RUSSELL SHEPPEL
Current Planner\Splerling referred to the Planning Director's
memorandumr9~.December 22, 1992, and said the Planning Commission
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CITY COUNCIL MINUTES
DECEMBER 22, 1992
recommended that the city Council (1) Adopt the resolution
approving Lot Line Adjustment Case No. 92-504 with the findings and
subject to the conditions contained in the resolution, and (2)
Approve by minute motion the revised phasing plan with the
conditions of approval contained in the Staff report.
Mr. Spierling referred to the Exhibit "A" Lot Line Adjustment
diagram and the Schematic Phasing Plan posted on the wall and
explained the proposals.
Council Members asked questions, including one about an oil
and water separator for drainage flowing into Meadow Creek.
After being assured that the Public Hearing had been duly
'- published and all legal requirements met, Mayor Gallagher declared
the hearing open and said all persons would be heard regarding the
matter.
RUSSELL SHEPPEL, applicant, said the lot line adjustment would
allow him to develop his own property. He requested that he be
held responsible only for the drainage on his property. The cost
and design of an oil/water separator was discussed extensively by
Mr. Sheppel, City staff and the Council. BOB TEETERS of 692 Via
Vaquero said the cost would be $500 to $800 at the maximum. Dr.
Sheppel said putting in an oil/water separator would be the right
thing to do.
There being no further discussion on the matter, Mayor
Gallagher closed the hearing to the floor.
It was moved by Burke/Moots (5-0-0, Burke, Moots, Brandy,
Souza and Gallagher voting aye) to approve Resolution No. 2962
Approving Lot Line Adjustment Case No. 92-504 Located at 1197 James
Way Applied for by Russ Sheppel.
It was moved by Moots/Souza, and the motion passed unanimously
to approve the Revised Phasinq Plan with the conditions of approval
contained in the December 22, 1992, Planning Staff Report,
including the amended Planning Department Condition No. 12, which
reads follows:
"12. All drainage improvements, including oil separators, must be
constructed during phase 1 of the project. Oil separators shall be
periodically inspected and naintained and cleaned and the debris
recycled at the local enviraunental waystation."
8.B. PUBLIC HEARING - DEVELOPMENT CODE REZONE CASE NO. 92-224:
AMENDMENT TO THE DEVELOPMENT CODE. SECTION 9-04.130. TO ALLOW
COMMON SEWER LINES IN AIR SPACE CONDOMINIUM CONVERSIONS OF TWO
STORIES. AND TO ALLOW COMMON WATER METERS IN CONDOMINIUM
CONVERSIONS UNDER SPECIFIED CONDITIONS: CITYWIDE: WASSILY VON
BISKUPSKY
Current Planner Spierling referred to the Planning Director's
~ December 22, 1992, memorandm and said the project came to the
Council without a Planning Commission recommendation. He said the
Council had three alternatives:
1. Adopt the resolution denying Development Code Rezone Case No.
92-224:
2. Adopt the ordinance appr~ing Development Code Rezone Case No.
92-224; or
'':f:-'- Prov"tde--direction to st.aff for amendments to the proposed
Dev~l6pment Code Rezone that would allow the Council to consider
approval of the proposed anendments.
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CITY COUNCIL MINUTES
DECEMBER 22, 1992
Mr. Spierling also referred to an Arroyo Grande Staff survey
of Cities with or without requirements for provision of separate
sewer laterals for individual units, and recommendations. He said
the other Cities' recommendations varied from not permitting the
conversion if separate utilities weren't provided, to allowing it
with conditions of approval requiring installation of the backwater
device, along with periodic maintenance provided for in the C.C. &
Rs., placing full responsibility in the owners' hands, if stoppage
should occur.
Council Members asked questions regarding the history of
conversions in the city, the implications on low-cost housing in
the City and potential health hazards.
After being assured that the Public Hearing had been duly '-"
published and all legal requirements met, Mayor Gallagher declared
the hearing open and said all persons would be heard regarding the
matter.
WASSILY VON BISXUPSKY of Santa Barbara, applicant, said he
built 28 apartment units on Fair O.ks in 1978. He said he was
asking for an amendment to the Development Code to allow common
sewer lines in air space condomini~ conversions of two stories,
and common water meters in condominium conversions under specified
conditions. He said separate sewer lines would be impossible for
him to install, but that he was not worried about stoppages because
there would be yearly maintenance of the lines. He said the
purposes of the request for conversjons were:
1. The economic advantages to the b~er and owner/convertor.
2. Low cost ownership.
3. Tax advantages.
4. Low-cost housing addressed along vith low interest rates.
There being no further public discussion of the matter, Mayor
Gallagher closed the hearing to the tloor.
Mayor Gallagher and Council M\!mber Burke said they were
concerned about health factors witll possible sewer stoppages.
Council Members Souza and Brandy sai. they felt all concerns had
been answered. Council Member Moots asked about bringing the
apartments up to fire and other stan4ards for condominiums. Mr.
Von Biskupsky said he would have to do so if he is allowed to
convert.
Council Member Brandy recomme,ded introducing the draft
ordinance for a first reading. Mr. C~istiansen read the title of
the draft ordinance, "An Ordinance of the City Council of the City I
of Arroyo Grande adopting a Negative Qeclaration, Amending Chapter I
9 of the Municipal Code (Amendment to the Development Code) and '-"
Instructing the City Clerk to File a Notice of Determination
(Rezone Case No. 92-224)." It was mored by Moots/Brandy, and the
motion passed unanimously to dispense with further reading of the
draft ordinance. Mayor Gallagher sai. that constituted the first
reading of the draft ordinance. City Attorney Skousen said that
either the draft ordinance approving ,he Development Code change,
or a resolution denying the change co~d be discussed and approved
at the Council meeting of January 12, 1993.
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CITY COUNCIL MINUTES
DECEMBER 22, 1992
9.A. COUNCIL APPOINTMENT LIST
Mayor Gallagher read the City Council Appointments List, as
follows:
South County Area Transit (SCAT) - Moots, primary: Christiansen,
alternate.
Council of Governments - Moots, primary; Burke, alternate.
Countywide Mayors' Selection committee - Gallagher, primary; Moots,
alternate.
South SLO County Sanitation District - Gallagher, primary; Souza,
alternate.
Solid Waste Task Force Committee - Burke, primary: Liberto-Blanck,
alternate.
Zone 3 Water Advisory Board - Brandy, primary; Laurn, alternate.
county Water Advisory Board - Brandy, primary; Laurn, alternate.
Underground utility Committee - souza, primary: Burke, alternate.
Special Committees delegates include:
Agricultural Program - Souza, primary; Liberto-Blanck, alternate.
Rubbish Rate Increase - Moots, primary; Christiansen, alternate.
Mobile Home Rent Review Board - souza, primary: Christiansen,
alternate.
9.B. BRUSH POPPERS' PROPERTY (LOCATED IN COUNTY\ (CITY OWNED\
Mr. Christiansen said San Luis Obispo County Planning
Department has contacted the city regarding the zoning of the City
property used by the Brush poppers, as part of the updating of the
county's General Plan for the South county. He recommended that
the City not commit changing the zoning of the property until the
Staff has time to meet with county Staff to discuss the matter.
The Council agreed to the recommendation.
9.C. RESOLUTION EXEMPTING THE CITY FROM MANDATES OF STATE LAW
REGARDING XERISCAPING
It was moved by Moots/Souza (5-0-0, Moots, Souza, Burke,
Brandy and Gallagher voting aye) to approve Resolution No. 2963
Making Findings that the State of California Model Efficient
Landscape Ordinance Is Unnecessary in Arroyo Grande.
10. WRITTEN COMMUNICATIONS
None.
11. ORAL COMMUNICATIONS
None.
12. CLOSED SESSION
It was moved by Moots/souza, and the motion passed unanimously
to adjourn at 8:55 P.M. to a Closed Session pursuant to Government
Code section 54956.9(a), Earl Pueschel v. City of Arroyo Grande,
Worker's compensation, pending litigation.
,t3+,;. ~RiJ9~~N't." "
",: _:'It was moved by Moots/Souza, and the motion passed unanimously
to adjourn the meeting at 9:20 P.M. to Thursday, January 7, 1993,
7:00 P.M., Arroyo Grande Community Center, for the Public Hearing
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CITY COUNCIL MINUTES
DECEMBER 22, 1992
on the Rancho Grande Park Expanded Initial Study and Mi tigated
Negative Declaration.
, MAYOR
A'l"1'EST: ~ a . ~
NANCY A. VIS, CITY CLERK
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