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Minutes 1988-01-26 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 26, 1988 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met in regular session with Mayor Howard Mankins presiding. Also present were Council Members Mark M. Millis, Gene Moots and D. G. Porter. Council Member Dorace Johnson was absent. FLAG SALUTE AND INVOCATION Mayor Mankins led the Pledge of Allegiance to our Flag, and Deacon Virgil Gloceski, St. Patricks Catholic Church, delivered the invocation. RECOGNITION PRESENTATIONS Derril Pilkington and Fred Wilson, who was unable to attend, were honored by the City for 15 years and 18 years service, respectively, as Fire Volunteers to the Arroyo Grande Fire .Department. Mayor Mankins and Fire Captain Robert Collett made the presentations. Karen Harklerode, member of the American Red Cross Safety Committee, presented a Certificate of Recognition for Ext.raordinary Personal Action to 80bbie Marks of 247 N. 14th Street, Grover City. PUBLIC APPEARANCES None. CONSENT AGENDA Moved by Moots/Porter (4-0-1, Johnson absent) to approve Consent Agenda Items 0.1 through 0.10., with the recommended courses of action. D.1. January 12, 1988, City Council Minutes. Approved. D.2. November 16, 1987, Parking and Traffic Commission Minutes. Information. D.3. Transient Occupancy (Motel) Audits. Information. D.4. Traffic Way Storm and Water Main Acceptance and Payment Authorization. Accepted and Payment Authorized. C.C.FILE 9-17-29 0.5. Reconstruction of Existing Sewer Main in Vernon Avenue and West Branch Street, Acceptance and Payment Authorization. Accepted and Payment Authorized.C.C.FILE 9-14-5 D.6. Main Street Program Report. Information. 0.7. Request by Finance Director to Purchase Cash Receipting System Computer Equipment (Budgeted Item). Approved. D.8. Letter from City Attorney to Jerry Bunin, Five Cities Times-Press- Recorder. Information. 0.9. Letter from City Attorney, Re. St. Barnabas v. City of Arroyo Grande. Information. D.10. 1987 Year End Review by Fire Chief Hamp. Information. Public Hearing PUBLIC HEARING FOR CONSIDERATION OF CONDITION NO. 7, DEED RESTRICTION REQUIRE- MENTS FOR WALNUT VIEW ESTATES, LOT SPLIT CASE NO. 85-408, SOUTH OF CHERRY AVENUE BETWEEN LOS OLIVaS LANE AND BRANCH MILL ROAD, VICK PACE C.C.FILE 6-12-29 City Attorney Art Shaw gave a history of the Walnut View Estates Lot Split Case, which he said was approved by the Council with conditions on December 1, 1986. Mr. Shaw said a Certified Court Reporter was present at this meeting to transcribe the proceedings. He asked that a copy of the Notice of Public Hearing; a copy of the December 17, 1987, court decision; the City Council minutes of December 1, 1986; his memo to the City Clerk of January 13, 1988; the January 15, 1988 letter to Mr. Shaw from William S. Walter, the applicant's attorney, and Mr. Shaw's further memo to the City Clerk of January 19, 1988, be accepted into the record. -----....-...-.--- CITY COUNC I L JANUARY 26, 1988 ARROYO GRANDE, CALIFOkNIA PAGE TWO WALNUT VIEW ESTATES Continued from Page 1 Mr. Shaw and Mr. Walter said they had no objections to Mayor Mankins and Council Member Mill i s, who were not members when the matter was approved in 1986 by the Council, voting at this meeting. Public Works Di'rector Paul Karp was sworn in, and his memo of November 4, 1986, accepted into the record. He listed six recommended improvements as the minimum requirements necessary to mitigate drainage concerns for the Lot Split Case No. 85-408. There were Council questions and discussion with Mr. Karp and Mr. Shaw. Mr. Shaw stressed that at this hearing discussion and voting should center around only Council Condition No.7 which required that there be a deed restriction that no fences or fills be allowed in the areas that lie below the 100 year flood level. Mayor Mankins opened the Public Hearing to the floor. Giving background on the project and speaking to the applicant's posH ion in the matter were COKER ELLSWORTH of 129 Bridge Street, owner of the property; ATTORNEY WALTER of 412 Higuera, San Luis Obispo, and FRED SCHOTT, project engineer, 200 Suburban Road, San Luis Obispo. Mr. Walter asked that his January 26, 1988, letter to the Council and attached declarations by Mr. Schott and Mr. Ellsworth be accepted into the record. They asked that the Council reconsider its Conditions 1 through 5 and remove Condition 7. Mayor Mankins closed the public portion of the hearing to the floor. After further discussion by the Council, it was moved by Millis/Moots (4-0-1, Johnson absent) to amend the conditions of approval for Lot Split Case No. 85-408 by retaining Conditions 1 through 6 recommended by the City Engineer, but deleting Condition No. 7 concerning deed restrictions prohibiting fences or fills below the.100 year flood level, as follows: 1. Utilize the existing easement at the easterly lot lines of the Noguera Drive subdivision to install an underground culvert from Cherry Avenue to Arroyo Grande Creek. The culvert should be constructed with the slip form process, or equivalent, and. should have a diameter of 60 inches or 1 arger. 2. Reinstall over the top of the culvert, the existing surface water intercepter ditch with a drop inlet from the ditch into the culvert near the intersection of the ditch with Myrtle Street. 3. An inlet to the culvert should be constructed in the Cherry Avenue/Branch Mill Road right of way adjacent to the Dixson Ranch. That inlet should be protected in some manner to eliminate the possibility of clogging or entry by children. 4. An open channel at least large enough (preferably a larger ditch should be maintained during the rainy season) to carry flows which currently enter the existing 4 x 6 box culvert under Branch Mill Road adjacent to the City reservoir access should be constructed within Branch Mill right of way on the easterly side of the road between the previously mentioned box culvert and the proposed inlet to the culvert indicated.in item three above. 5. The existing 4 x 6 culvert on Branch Mill Road adjacent to the City's reservoir access should be blocked upon completion of the afore~entioned work. 6. The engineer should establish the elevation of the 100 year flood as it would impact the property being split. A grading plan should be prepared which would locate the proposed four house sites and the access drives at least one foot above the 100 year flood plain. The plan should show drainage imporvements necessary to conduct improvement drainage water which would be generated by the four lots to a point of discharge into the existing drainage course on the easterly side of Los Olivos Road at its most southerly terminus. The plan should propose the building sites and the appropriate accesses in locations so as to not cause diversion of flood waters which will cross the property when the capacity of the open channel proposed under item four above is exceeded. --------- CITY COUNCIL JANUARY 26, 1988 ARROYO GRANOE, CALIFORNIA PAGE THREE HIGHWAY BETTERMENTS Interim City Manager Chris Christiansen referred to his memo of January 21, 1988, and recommended that the Council direct Staff to meet with Caltrans to determine if viable alternatives exist and review the 101 corridor throughout Arroyo Grande. Mayor Mankins gave a history of the Ci~Y'$ attempts to arrive at a plan to improve the Oak Park Boulevard/Highway 101 interchange in conjunction with the Cities of Grover City and Pismo Beach. He said Pismo Beach has now asked for a GO-day extension and other modifications to an already agreed on plan. RON DI CARLI of 538 Le Point Street, program manager for the Area Coordinating Council, suggested another meeting between Caltrans and the three cities. DAN LLOYD of Engineering Development Associates of San Luis Obispo, who said he was representing the Pismo Beach shopping center at James Way and Oak Park Boulevard, said it would be possible to do as Pismo Beach has suggested and fill in a pond at Oak Park Boulevard and Highway 101 and establish two wetlands elsewhere in order to use that land for improving the interchange. After extensive Council discussion, it was moved by Moots/Porter (4-0-1, Johnson absent) to accept the recommendation of Mr. Christiansen. Mayor Mankins said that Arroyo Grande's meeting with Caltrans should in no way disturb what Mr. DiCarli is planning. RE UEST FOR REDUCTION IN RE UIREMENTS, GRADING OF LOT 39, TRACT 1149 PAULA BURCHETT CONTINUED FROM COUNCIL M E ING OF .JANUARY 12, 1988). C.C.flLE 6-14-108 Mr. Christiansen referred to Mr. Karp's memo of January 20, 1988, and Mr. Karp told the Council that the matter is resolved. PEARWOOD POND BASIN (CONTINUED FROM COUNCIL MEETING OF JANUARY 12, 1988). Mr. Christiansen referred to Mr. Karp's memo of January 20, 1988, which said that at the advice of the City Attorney, the Public Works Staff has elected to again solicit proposals from contractors to perform Pearwood pond improvements. Mr. Christiansen said this was an information item only. RESOLUTION ESTABLISHING "NO PARKING" ZONE ONA PORTION OF FAIR OAKS AVENUE (811 FAIR OAKS AVENUE AND 407 WOODLAND DRIVE). Mr. Karp referred to the sketch of the area in question on the back to the proposed Resolution. He said the Resolution was proposed by the Parking and Traffic Commission to accommodate installation of a new left turn lane on Fair Oaks Avenue. He read the tit'le of the Resolution. It was moved by Porter/Millis (4-0-1, Porter, Millis, Moots and Mankins voting aye, Johnson absent) to adopt Resolution No. 2190 Establishing a "No-Parking" Zone on a Portion of Fair Oaks Avenue (811 Fair Oaks Avenue and 407 Woodland Drive) (Municipal Code Sec. 2-7.04) , RESOLUTION ESTABLISHING "30-MINUTE" PARKING ZONE ON A PORTION OF TRAFFIC WAY (426 TRAFFIC WAY) Mr. Karp read the title of the Resolution. It was moved by Porter/Millis (4-0-1, Porter, Millis, Moots and Mankins voting aye, Johnson absent) to adopt Resolution No. 2191 Establishing a Thirty (30) Minutes Parking Zone on a Portion of Traffic Way (426 Traffic Way) Encompassing a Minimum of One (1) Parking Space. PLANNING COMMISSION DETERMINATION ON A REQUEST FOR A VARIANCE FROM THE IMTERIM URGENCY ORDINANCE LIMITING RESIDENTIAL BUILDING HEIGHT TO FIFTEEN FEET (15'), 1585 HILLCREST DRIVE, VARIANCE CASE NO. 87-113, LEONARD BERRY/VALERIE BENNETT C.C.FILE 6-15-89 Planning Director Doreen Liberto-Blanck referred to her memo of January 21, 1988. She gave background on the Variance Case and said that due to the lack of a majority vote, there is no official Planning Commission recommen- ________u'. --~,......_.._--_. CITY COUNCIL JANUARY 26, 1988 ARROYO GRANDE, CALIFORNIA PAGE FOUR HEIGHT VARIANCE RE UEST-BERRY/BENNtTT Continued from Pa e 3 dation on this project. She sai ta f's origina recommendation to the Planning Commission was for approval of the project. The City Clerk read into the record a letter from Sue Talbert of 1580 Hillcrest Drive. The Mayor opened the discussion to the floor. LEONARD BERRY, the applicant who. resides at 226 Castaic, Shell Beach, read a statement to the Council. He showed on the overhead projector transpa- rancies of the neighborhood, the site, the elevation and the subdivision. FRED STEELE of 1518 Hillcrest said the proposed home would block a portion of his view. He asked Mr. Berry to construct a flat roof or lower his house. . LEONARD LENGER of 1203 Carpenter, an engineer, spoke in favor of Mr. Berry. After discussion with Council Member Millis, Mr. Berry agreed to construct a flat roof on his house. MRS. STEELE spoke against the 8erry/Bennett Variance. Mayor Mankins closed the discussion to the floor. After Council discussion, it was moved by Porter/Moots (4-1-1, Porter, Moots and Mayor Mankins voting aye, Millis voting no, and Johnson absent) to approve Resolution No. 2192 Granting a Variance, Case No. 87-113, Applied for by Leonard Berry and Valerie Bennett at 1585 Hillcrest Drive. Moved by Porter/Millis (4-0-1, Johnson absent) to approve the Planning Commission Resolution No. 88-1147. LESLIE JONES of 422 N. Fourth Street, Grover City, read a statement to the Council giving reasons why she and Mr. Jones felt the Variance was justified. She presented slides on the overhead projector, which she said showed that their home would not be blocking neighbors' views. JIM FLEGGE of 217 Pearwood Drive protested the variance saying his viewshed would be harmed. Mayor Mankins closed the discussion to the floor. After Council consideration, a motion by Council Member Porter to adopt a Resolution granting the Variance died for lack of a second. Council Member Moots asked the City Attorney if he would have a possible Conflict of Interest, and Mr. Shaw replied that if there would be no economic gain, Council Member Moots could vote on the Variance. Moved by Porter/Moots (4-0-1, Council Members Porter, Moots, Millis and Mayor Mankins voting aye, Johnson absent) to adopt Resolution No. 2193 Granting a Variance, Case No. 87-112, Applied for by Richard and Leslie Jones at 317 Zogata Avenue. .---- ~~- CITY COUNCIL JANUARY 26, 1988 ARROYO GRANDE, CALIFORNIA PAGE FIVE POLICIES AND PROCEDURES REPORT STUDY SESSION Mayor Mankins set a Study Session on City Policies and Procedures for 3:30 P.M. Tuesday, February 2, 1988. STATE OF THE CITY MESSAGE Mayor Mankins spoke on the State of the City stressing the City Government "team" responsibility to citizens in the present and future, and its responsi- bility to the citizens in conducting the "business of government." MIKE ZIMMERMAN of 227 E. Branch Street and BILL MC CANN of 575 Crown Hill asked the Council for increased communication with the public and more input from the citizens. Responding to a question regarding Council response to public comments at the beginning of Council meetings, Mr. Shaw referred to his memo of January 16, 1988, which he distributed to Council Members and Mr. Zimmerman. ADJOURNMENT TO CLOSED SESSION The Council adjourned at 10:14 P.M. to a Closed Session on personnel and litigation (Pace vs. the City of Arroyo Grande). RECONVENEMENT AND ADJOURNMENT TO STUDY SESSION The Council reconvened at 10:22 P.M. and immediately adjourned to a Study Session at 3:30 P.M. Tuesday, February 2, 1988. MAYOR ATTEST: CITY CLERK