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Minutes 1988-07-12 ., , . . MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 12, 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. Dennis Bjorgan, Fire Chaplain and Pastor of First Assembly of God Church, delivered the invocation. PUBLIC APPEARANCES Heather Jensen, Chamber of Commerce Manager, told the Council that the Chamber is interested in raising the Transient Occupancy Tax and placing the issue on the November election ballot. CONSENT AGENDA Council Member Johnson said that the Minutes of June 28, 1988 should be corrected on Page Three, Paragraph Six. She said the Committee appointed to study the Pearwood Basin excavation issue consisted of council Members Porter and Moots. . Moved by Porter/Johnson (5-0-0) to approve Consent Agenda items C.1. through c.g. , with the correction to C.4. made by council Member Johnson. C.!. Proclamation, "Parks and Recreation Month," July, 1988. Proclaimed. C.2. Letter of Recognition to City Clerk Nancy A. Davis, who has been awarded the de.iqnation of Certified Municipal Clerk. Information. C.3. June 14, 1988, City Council Minutes. Approved. C.4. June 28, 1988, City council Minutes. Approved as Corrected. C.5. Second Quarter, 1988, Sales Tax Revenue Report. Information. C.6. Second Quarter, 1988, Departmental Report. Information. C.7. Parcel Map AG 87-288, Acceptance of Public Improvements (136 Pine street). Approved. C.8. Award of Bid, Construction of Grand Avenue Intersection Improvements at Elm Street and Brisco Road. Approved. C. 9. Reguest for Extension, "Disposal Service Franchise Agreement," county Sanitary Service. Approved. CONTINUED PUBLIC HEARING. GENERAL PLAN AM~MENT Interim Manager Chris Christiansen referred to a Resolution adopting a portion of General Plan Amendment No. 88-1 to the circulation Element of the General Plan relating to West Branch Street. After Council questions of Staff, the Mayor opened the Public Hearing to the floor. When no one came forward to speak on the Resolution, the Mayor brought the discussion back to the Council. After further Council discussion, it was moved by porter/Johnson (5-0-0, Porter, Johnson, Moots, Millis and Mankins voting aye) to approve Resolution No. 2240 Adopting a Portion of General Plan Amendment No. 88-1 to the Circulation Element of the General Plan Relating to West Branch Street. ----..-..---". - __ no - ~, . , JULY 12, 1988 PAGE 2 Mayor Mankins turned the gavel over to Mayor Pro Tem Johnson saying he may have a conflict of interest concerning the next two proposed Resolutions. After Council questions of Staff, Mayor Pro Tem Johnson opened the Hearing to the floor. When no one came forward to speak, the Hearing was closed to the floor. Council Member Millis said he would prefer to wait for the indepen~ent committee results before voting on the proposed Resolut10n. Moved by Porter/Moots (3-1-1, Porter, Moots and Johnson voting aye, Millis voting no, and Mankins abstaining) to approve Resolution No. 2241 Adopting a Portion of General Plan Amendment No. 88-1 Dealing with Improvements in the vicinity of Brisco Road to the Circulation Element of the General Plan. Mayor Pro Tem Johnson began the discussion of a proposed Resolution concerning a Highway 101 overpass at Hillcrest Drive. The Hearing was opened to the floor, and when no one came forward to speak, it was closed to the floor. . Council Members expressed concerns about the ~esolution being in conflict with a traffic corridor study underway at this time, budget constraints, and possible harmful affects on the neighborhood. Moved by Porter/Moots (4-0-1, Porter, Moots, Johnson and Millis voting aye, Mankins abstaining) to deny a Resolution Adopting a Portion of General Plan Amendment No. 88-1 to the Circulation Element of the General Plan Relating to an OVerpass at Hillcrest Drive, PUBLIC HEARING. REZONING .CASE NO. 88-204. ZONE CHANGE FR9M RA-B3 (40.000 SO. FT. MINI~ LOT SIZE) TO RA-B2 (20,000 SO. FT. MINIMUM LOT SIZE). RYDGEVIEW WAY Planning Director Doreen Liberto-Blanck referred to her memo of July 7, 1988, and said the planning Commission is recommending that the City council adopt the Negative Declaration prepared for this project, and approve Rezoning Case No, 88-204,' After Council questions of Staff, the Mayor opened the Hearing to the floor. LEONARD LENGER, Jensen-Lenger Surveys, spoke in favor of the rezoning, and said the plan is to develop Lots 11, 12, 13 and 14 at this time and later adjust the boundaries so the upper four lots can be developed. Also speaking in favor of the proposed rezoning were ED CHADWELL of 290 Ridgeview way; JERRY WHITE of 2420 Lily Avenue, Santa Barbara, for his Mother SALLY WHITE; MARGIE ASKELAND of 101 Ridgeview Way, and CHRISTINE CHADWELL. The Hearing was closed to the floor. Council discussion centered around making the parcel a Planned Development with conditions, using the lot configuration submitted by the applicant. Moved by Johnson/Moots (5-0-0) to deny Rezoning Case No. 88- 204 without prejudice, refer it back to Staff for desiqn of a Planned Development, and waive any additional fees. -~-- -, July 12, 1988 Page 3 MOBILEHOME RENT STABILIZATION-SUNRISE TERRACE RESIDENTS BEATRICE BERRY of 840 Eaton Drive spoke from the audience and requested that the Council take up the issue of rent increases in Sunrise Terrace Mobilehome Park. Mayor Mankins said mobilehome rent stabilization still is in effect. He said City Attorney Art Shaw had written a letter to the owner of Sunrise Terrace. council Member Millis asked that the letter be read to the audience. Mr. Shaw read his letter of July 8, 1988 to John H. cummings, owner of the park. He read that Mr. cummings' attempt to raise space rent in the park was in violation of the city's Mobilehome Rent Stabilization ordinance. ADDITIONAL GRADING ON ROYAL OAKS PROJECT-TRACT 1390 Mayor Mankins said he may have a conflict of interest in this matter and therefore would not participate in the discussion or voting. Mayor Pro Tem Johnson took over the gavel. Public Works Director Paul Karp referred to his memo of July 5, 1988, and recommended that the City Council consider the input provided by the developer of the referenced project with regard to grading not previously anticipated at approval of the conceptual master plan. Mr. Karp posted on the board two exhibits he had prepared for the last City Council meeting. One showed proposed grading on the Rancho Grande Park site and one showed proposed grading on Royal Oaks School site in the vicinity of the eroded drainage swale. BILL LACKEY, Royal Oaks developer, said that there will be a church on what was formerly the school site. He requested permission to use fill from the original church site on Lot 184 to add to other fill for a large gully on the new church site. Mr. Karp said he wanted the council to be aware of what was going on. He said this was more of an information item and no Council action was necessary if the developer was not proposing to modify the former school site other than to fill in the gully, since this matter was discussed in previous City Council communications. ISSUANCE OF BUILDING PERMITS-ROYAL OAKS TRACT 1390 Mr. Karp referred to his memo of July 5, 1988 and recommended that the City Council review the "Completion Plan for Tract 1390", and determine if the Council would like to propose a date for issuance of building permits for the referenced subdivision. MR. LACKEY requested a Council decision on whether he could be issued City building permits to begin construction of the patio homes in his development. He said the water system in the patio home area is already tested and approved. Mr. Christiansen and Mr. Karp said that normally the whole tract is accepted and not just a portion of the system. Mr. Christiansen said the City could be held liable if there was a breakage in the water system. There was further discussion of requiring fireflow before construction, and requiring at least a Class 2 base on the roads before allowing the slabs to be poured. Mr. Lackey said that he had a problem with taking out all of the building permits when he could only construct slabs. He said he would like to construct the patio homes in phases because of the high cost of the building permits. Mr. Lackey also said that there was a drain on West Branch Street that he believed was specifically deleted from the list of --.---...- - July 12, 1988 Page 4 development conditions, and now he is being required by City Staff to lengthen that pipe and put in a Drop Inlet. Mr. Karp said the existing drainage structure conflicts with the street widening required by ordinance so he asked Mr. Lackey to relocate it. Mr. Lackey said he is being required to overlay the service road to the old City reservoir and put in a $20,000.00 pressure relief valve to fill the old reservoir. He said both requirements concern areas offsite of his project. Mr. Karp said there has been construction traffic over the road and it had been daaaged, but that he wasn't aware of an overlay requirement. He said that a pressure reducing station had been shown on the approved tentative map for Royal Oaks and was therefore considered as a condition to the development. Mayor Pro Tem Johnson requested Mr. christiansen to work with Mr. Lackey on the Drop Inlet matter. Mr. Lackey said he had requested recording tapes of all Royal Oaks City council meetings and he would be listening for this item. Mayor Pro Tem Johnson requested that Mr. Lackey work out the problem of the reservoir road overlay with staff. Discussion then centered on Mr. Lac:key's request to build the 25 patio homes slabs without building permits and before paving the roads. Mr. Shaw said that according to the Royal Oa:ks Ordinance, the council has quite a bit of leeway, but cannot allow occupancy. Council Members said they wanted Mr. Lac:key to be treated as all developers and builders...no better, no worse. Mr. Christiansen said that according to the ordinance, the developer has to come to the City council for building permits. Moved by porterfMillis to send the matter back to Staff to issue building permits in accordance with standard City procedures. Mr. Christiansen said standard procedures are'to record the Tract Map and require that all improvements are in. He said the City would recommend that the developer proceed with the 25 slabs but not construction of the homes. A roll call vote was tuen and porter, Millis and Johnson voted aye and Moots and !lan:kins abstained. PLANNING COMMISSION REOUEST TO CONDUCT A JOINT ~TUDY SESSION WITH THE PLANNING COMMISSION OF THE CITY OF PI~Mn BEACH The Planning Director referred to her memo of July 7, 1988 and said the Planning Commission recommends that the City Council approve a request to conduct a joint stUdY session with the Planning commissions of Arroyo Grande and Pismo Beach. JOHN SOTO, member of the Planning Commission, said it would be an informal stUdY session to gather information. Moved by Porter/Johnson (5-0-0) to approve the Planning Commission request. APPOINTMENT TO PLANNING COMMISSION Mayor Mankins nominated Charles R. Scott tc> the Arroyo Grande city Planning Commission for the term prescri~ by law. There was a roll call vote and Moots, JohnaQn, Hillis, Porter and Man:kins voted aye. -----.---- . ,.. I .. - , July 12, 1988 Page 5 REBIDDING QF THE PEARWOOD AVENUE PROJECT: ExCAVATION OF THE PEARWOOD RETENTION BASIN PROJECT NO. 80-88-1 Council Member Hoots said he and Council Member Porter recommended that the City council reject all bids received tor the referenced project and direct the staff to re-work the project description so that the City can sOlicit bids to construct only the infrastructure at this time. Moved by Porter/Moots (5-0-0) to reject all bids. Moved by Johnson/porter (5-0-0) to accept the sUb-comaittee report and recommendation. ADJOURNMENT TO CLOSEQ SESSION The council adjourned at 10:25 P.M. to a Closed Session on personnel and litigation. RECONVENEMENT AND FINAL ADJOURNMENT The Council reconvened at 11:40 P.M. and immediately adjourned. MAYOR . ATTEST: CITY CLERK