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Minutes 1988-10-11 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 11, 1988 COUNCIL CHAMBERS,. 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met in regular session at 7:30 P.M. with Mayor Howard Mankins presiding. Also 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. Delbert McLaughlin, Grace Bible Church, delivered the invocation. PUBLIC APPEARANCES None. CONSENT AGENDA Moved by porter/Johnson (5-0-0, Porter, Johnson, Millis, Moots and Mankins voting aye) to approve Items C. 1. through C. 5 . and C. 7 . through C.9.(b) of the Consent Agenda with the recommended courses of action. C.l. september 27, 1988, city Council Minutes. Approved. C.2. September, 1988, Investment Report. Information. C.3. Third Quarter, 1988., Sales Tax Revenue Report. Information. , C.4. 1987-88 Financial Audit Report. Information. C.5. Third Quarter, 1988, Departmental Report. Information. C.7. Final Approval of Parcel Map AG 88-048, Lot Split Case No. 88- 459, 512 Platino Lane (Caudill). Approved. C.8. Installation of New Radio Frequency in Portable Radios, Police Department, Budgeted Item. Approved. C.9. Parking and Traffic commission Recommendations: (a) Establishment of a No Parking Zone on a Portion of Newport Avenue. Approved by Resolution No. 2253. (b) Establishment of Loading and Unloading Zone on a Portion of Valley Road (Valley Road Frontage of Arroyo Grande High School) . Approved by Resolution No. 2254. PUBLIC HEARING. APPEAL OF A PLANNING COMMISSION DENIAL OF A CONDITIONAL USE PERMIT. ST. BARNABAS EPISCOPAL CHURCH. SOUTH TRAFFIC WAY Planning and Building Director Doreen Liberto-Blanck referred to her Staff Report of October 4, 1988, and said that the project was denied at the Planning Commission due to a lack of a majority vote. She said two Planning commissioners voted in favor of the project with two commissioners abstaining, and that three members of the Commission were absent. She said the Architectural Review was approved by a 3 to 0 vote with one member abstaining. She said the planning Staff recommended approval with 37 conditions of approval, adoption of the Negative Declaration, and the filing of a Notice of Determination. After council questions of Staff, the Mayor opened the Hearing to the Public. 1 CURTIS ILLINGWORTH, architect for the church, showed a model of the building to the council, explained the project and said the church planners had tried to mitigate any concerns about the area being over an Indian midden, or the church building blocking a neighbor's view. JIM MCGILLIS, a surveyor for San Luis Engineering, spoke for property owner MILT HAYES and suggested the church. be moved to lessen the blockage of Mr. Hayes' view. MARIE CATTOIR of 195 Orchid Lane expressed concern that the roadway' to the church would become a collector street and thus require dedications of her land. Mayor Mankins closed the Hearing to the floor. Moved by Porter/Johnson (5-0-0) to refund the $60.00, paid by the Church representatives in filing the Appeal of the Planning commission denial, on the grounds that the Appeal was necessitated by the lack of Planning Commissioners voting. There were Council comments and questions regarding the street being up to city standards, drainage on the property, lighting affecting neighbors, and a future secondary access to the property. KIRBY GORDON, attorney for the church, said the street will be designed according to Condition No. 25; that most drainage would go into a retention basin with less than 1 inch going onto Traffic Way; that the church and the subdivision would be graded at one time, and that old-fashioned lighting standards would be used. Moved by Johnson/Moots (5-0-0, with Johnson, Moots, Porter, Millis and Mankins voting aye) to adopt Resolution No. 2255 Approving Use Permit Case No. 88-439, applied for by st. Barnabas Episcopal Church located on South Traffic Way (Lot 1 of Tract 1513) , subject to the 37 conditions listed therein, and to adopt the Negative Declaration and file a Notice of Determination. PUBLIC HEARING. AMENDMENT TO STREET NAMES. TRACT NO. 1390. ROYAL OAKS ESTATES Ms. Liberto-Blanck referred to her Staff Report of October 6, 1988, and said the Planning Commission had recommended that the city Council approve the proposed name changes. Moved by JOhnson/Millis (5-0-0, with Johnson, Millis, Moots, Porter and Mankins voting aye) to adopt Resolution No. 2256 Approving Changing the Name of certain Streets Within Tract 1390 (Royal Oaks). PUBLIC HEARING. ADOPTION OF ORDINANCES AMENDING THE MUNICIPAL CODE RELATING TO BUILDING CODES. TEMPORARY RESTROOM AND SANITATION FACILITIES ON THE JOB SITE. AND MAINTENANCE AND CLEANLINESS ON CONSTRUCTION PROJECT SITES City Manager Chris Christiansen requested that this item be continued to the meeting of October 25, 1988. Mayor Mankins open the Hearing to the Public. When no one came forward to speak, he continued the Hearing for two weeks. Moved by Moots/Millis (5-0-0) to continue the Public Hearing to the meeting of October 25, 1988. PUBLIC HEARING. AMENDMENT TO MUNICIPAL CODE SEC. 6-7.0l If) REGULATING WATER CHARGES Mr. Christiansen recommended that the Council approve the introduction of an amendment to the ordinance regulating water charges. Mayor Mankins opened the Hearing to the Public, and when no one came forward to speak, closed the Hearing to the floor. 2 _______n_ Moved by Johnson/Moots (5-0-0, Johnson, Moots, Millis, Porter and Mankins voting aye) to introduce an ordinance Amending the Municipal Code Regulating Water Charges to Reflect Actual Costs (Pro-Rated) . ROYAL OAKS PROJECT-SIDEWALKS Mr. Christiansen referred to his memo of October 6, 1988, and said, with reference to the requirement of guard rails along West Branch street, that the developer had been told at the last Council meeting to simply have his engineer write a letter indicating the situation and the City will alleviate his concern. Mr. Christiansen said, with reference to sidewalks on the southerly frontage of Oak Ridge Road for Lot C in the Royal Oaks Development, that the developer had met the intent of the sidewalk requirements and that he had no difficulties with his request. Mr. Christiansen recommended that Council amend the ordinance regulating the subdivision deleting sidewalks on the southerly frontage of Lot C. Mayor Mankins and Council Member Moots abstained from discussion and voting on the issue due to possible conflict of interest. Mayor Pro Tem Johnson presided over this item. Moved by porter/Moots (3-0-2, Porter, Millis and Johnson voting aye and Mankins and Moots abstaining) to accept a change of sidewalk requirements to the northerly frontage of Lot C and not require sidewalks on the southerly frontage, and to instruct Staff to prepare an amendment to the Royal Oaks Ordinance. BILL LACKEY, developer of Royal Oaks, requested that the Council consider some lot line changes in the patio home area of the development, and relief from Building Plan Check fees. Since these items were not on the agenda, the Council took no action. HIGHWAY 101 - OAK PARK BOULEVARD . Mr. christiansen referred to his memo of October 6, 1988, and recommended that the Council direct Staff to work in conjunction with Grover City, pismo Beach and Caltrans to formulate and return with an agreement, for all to sign, which would: 1. Widen Oak Park Boulevard 2. Widen adjacent portions of Oak Park Boulevard and frontage roads. 3. Relocate the northbound and southbound freeway terminal away from Oak Park Boulevard. 4. Place traffic signals at two intersections on Oak Park Boulevard. 5. Construct hook ramps at Camino Mercado. 6. Construct hooR-ramps just south of 12th Street. Mayor Mankins suggested that Caltrans be encouraged to start on the design phase of the project. Moved by Johnson/Millis (5-0-0) to approve Mr. Christiansen's recommendation. AWARD OF BID. CONSTRUCTION OF PARKING LOT IMPROVEMENTS AT THE ARROYO GRANDE COMMUNITY CENTER. PHASE I AND PHASE II. PROJECT NO. 80-88-3 Public Works Director Paul Karp referred to his Staff Report of October 6, 1988, and recommended that the City Council consider award of the Woman's Club project Phase I and/or Phase II to the lowest responsible bidder. 3 There was Council discussion of the potential for allocating $20,000.00 in construction and related costs from the City's Water Fund, with the balance of the short fall to be made up from money reserved in the Capital Fund. The City Manager assured the Council that reserves were adequate to fund the short fall. Moved by Porter/Millis (5-0-0) to award the contract for Construction of Parking Lot Improvements at the Arroyo Grande Community Center to Madonna Construction Company for $112,800.50. Mayor Mankins directed Mr. Karp to explore with Mr. Madonna what amount the City could save if it went ahead with an early award of construction of Phase II of the project. There was another motion by Johnson/Porter (5-0-0) to approve acceptance of the withdrawal of the bid of D. W. Peterson at his request by the letter dated October 6, 1988, due to a miscalculation of the bid. ACCEPTANCE OF TRACT IMPROVEMENTS. TRACT 1418. BRISCO ROAD (AVERY SETZER) Mr. Karp referred to his Staff Report of October 5, 1988. He said that the project engineer for the developer had discovered that the drainage works were not constructed per plan. Mr. Karp recommended that the City Council either accept, on behalf of the public, improvements constructed with the referenced Tract subject to the acceptance of revised drainage improvements, or continue this item to the meeting of October 25, 1988 when all tract improvements probably would be complete. Moved by Porter/Johnson (5-0-0) to approve the acceptance of Tract 1418, subject to conditions set forth by the City Engineer. REPEAL OF PREVIOUSLY ESTABLISHED TWO-HOUR PARKING ZONE. 414 TRAFFIC ~ Mr. Karp said this matter had been forwarded to the Council wi th no recommendation from the Parking and Traff ic commission. He read the proposed Resolution in its entirety. , Moved by Johnson/Porter (5-0-0, Johnson, Porter, Millis, Moots and Mankins voting aye) to approve Resolution No. 2258 Repealing Resolution No. 982 Which Established a Two-Hour parking Zone on the West Side of Traffic Way Between Fair Oaks and Cherry Avenues. SECOND READING OF ORDINANCE AMENDING ARTICLE 41 OF CHAPTER 4 TO ALLOW THE PLANNING DIRECTOR TO APPROVE VIEWSHED REVIEW PERMITS AND TO REDUCE THE APPLICATION FEE. Ms. Liberto-Blanck referred to her Staff Report of September 27, 1988, and said the planning commission is recommending that the city Council adopt a Negative Declaration and adopt an ordinance amending Article 41 of Chapter 4 of the Municipal Code to allow the Planning Director to approve viewshed Review Permits and to reduce the application fee. She said the city Clerk should be instructed to file a Notice of Determinatiqn if the Negative Declaration is approved. She said the change in Section 1 A. 4. of the Ordinance, recommended by the Council, had been made and now reads: 114. At the discretion of the Planning Department, cross-sections drawn to a true scale for both vertical and horizontal dimensions, which include adjacent property and structures, if necessary to evaluate viewshed impacts. The location of the cross-sections shall be keyed to the site plan by labeled section lines;" Moved by Moots/porter (5-0-0, Moots, Porter, Johnson, Millis and Mankins voting aye) to adopt Ordinance No. 382 Amending Article 41 of Chapter 4 of the Municipal Code to Allow the planning Director to Approve Viewshed Review permits and to Reduce the Application Fee. 4 --._--- .-.. RESOLUTION REQUESTING THE SOUTH SAN LU~S OBISPO COUNTY SANITATION DISTRICT TO STUQY TREATED EFFLUENT ~S AN ALTE:JmATIVE SOURCE OF WATER Mayor Mankins asked that the wording of the title of the Resolution be changed for clarity. Moved by Johnson/Moots (5-0-0, Johnson, Moots, Millis, Porter and Mankins voting aye) to approve Resolution No. 2257 Requesting the South San Luis Obispo County Sanitation District to Allocate Wastewater Effluent to Member Agencies. SENIOR HOUSING COMMITTEE Mayor Mankins reported that a San Luis Obispo Senior Housing Committee, represented by the former Cal Poly president Dr. Robert Kennedy, had contacted the Arroyo Grande committee. The Mayor said that the San Luis Obispo group wants to work with the Arroyo Grande group to find possible sites and participate in the local committee work. ADJOURNMENT TO CLOSED SJ;:S~ION ON PEF.SO~NEL AND LITIGATION The Council adjourned at 9:02 P.M. to a Closed Session on Personnel and Litigation. FINAL ADJQURNMENT The Council reconvened at 10:10 P.M. and immediately adjourned. MAYOR ATTEST: , CITY CLERK