Loading...
Minutes 1988-11-22 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 22, 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 Mark M. Millis, Dorace Johnson, Gene Moots and D. G. Porter. FLAG SALUTE AND INVOCATION Mayor Mankins led the Pledge of Allegiance to our Flag, and Council Member Moots delivered the invocation PUBLIC APPEARANCES ERNIE SARINA of 435 Le Point Street said the city had not responded adequately to his complaints about water and drainage problems on his property. CONSENT AGENDA Moved by Moots/porter (5-0-0) to approve Consent Agenda Items C.1. through C.5., with the recommended courses of action, and the Minutes of November 9, 1988 corrected to list Council Member Dorace Johnson as absent. GENERAL PLAN UPDATE OF PARKS AND RECREATION ELEMENT Long Range Planner Sandy Bierdzinski referred to the November 22, 1988 Staff Report of Planning Director Doreen Liberto-Blanck. Ms. Bierdzinski said the Planning Commission has recommended adoption of a Negative Declaration and approval of General Plan Update 88-1, adopting the updated Parks and Recreation Element of the General Plan. She said if a Negative Declaration is adopted, a Notice of Determination should be filed. She gave background on the updated Parks and Recreation Element, and discussed a mitigation measure for environmental impacts which may occur if trails are developed along creek areas. Parks and Recreation Director John Keisler said that Table 9- 2, Park and Recreation Planning, Long Range Plan was a very important part of the Element. . 'He also said residents along the creek areas had asked to be notified if the City begins development of creek trails. The Mayor opened the Public Hearing, and when no one came forward to speak, closed the Hearing to the floor. Council Members discussed the Element covering the Master Plan of Park Sites, development of the creek areas, and the advisability of a financing plan for improvements described in the Element. Mayor Mankins said the use of the word "shall" throughout the Element should be changed to the more decretionary "may" or "should." He said the private sectors should be providing some services now provided by the city. He said there should be criteria for establishing the bike lanes. Moved by MillisjMoots (4-1-0, Millis, Moots, Johnson and Porter voting aye, Mankins voting no) to pass Resolution No. 2270 Adopting a Negative Declaration and Approving General Plan Update 88-1, Adopting the Updated Parks and Recreation Element of the General Plan. 1 LETTER OF REOUEST BY DAVID AND ANITA GASKILL REGARDING REAR YARD REOUIREMENTS AND LOT COVERAGE City Manager Chris Christiansen referred to the November 22, 1988 memo to the Council from City Attorney Art Shaw. A folder of pictures taken by the Gaskills and showing the proposed construction at 629 Cerro vista Circle was given to the Council. MR. GASKILL of 633 Cerro vista Circle gave his reasons for objecting to the construction by. his neighbor, and said the new construction would be overbuilding the lot by a large amount. He said the project does not meet the City's Zoning Ordinance requirements. Council Member Millis said that regardless of how this case is resolved, the City should review the whole process of approving construction projects such as this to make sure they are not in conflict with city ordinances. After Council discussion, it was moved by Johnson/Porter to direct Staff to meet with the two property owners to work out a solution. MRS. GASKILL said that her protest to this home addition had been first made September 21, 1988, and that at that time only the footings were constructed. She said the owners have more money involved in the project now. Mr.. Shaw said that part of the. problem is that there should have been a formal appeal procedure followed or a court order. He said he didn't know if there is any basis for a stop order at this time. Council Member Johnson amended her motion to say that Staff should meet with the two property owners immediately to work out a solution. All Council Members voted aye to the motion. LETTER OF REOUEST BY MR. AND MRS. ALBERT CATTOIR REGARDING EXPLANATION OF CONDITION NO. 25 OF RESOLUTION NO. 2255. ST. BARNABAS TRACT 1513 MRS. CATTOIR of 195 Orchid Lane spoke about the road design of Trinity Way, which is adjacent to her property. She said the elevation of the road should be compatible. She went to the easel and drew a sketch of how the road would be elevated next to her property. She said the Council had approved this project but had not seen the grading maps and roadway profile. Mayor Mankins explained that the Council assumes if it approves a project, that the project will meet city Standards. Public Works Director Paul Karp went to the easel and drew a sketch of the road profile beginning at Traffic Way and going up the hill on Trinity Way. He said the developer's engineer had to create an intersection, balance cuts and fills, keep steepness at 15 percent or less, minimize the cut on an outcropping of rock, and allow for safe stopping sight distances. He said the engineer had tried to make the terrain match City Standards. Mr. Karp said the permits have been issued and the plans signed, and that the engineer had been reluctant to change his plans. Mr. Karp said to mitigate the problem he had placed a note on the road design plans to ensure that the portion of the road in question is subject to review for possible redesign. He said there is good flexibility for future review of the road design. There was discussion of a pipeline in the road, and Mr. Karp said it would be laid below the road grade. He said what is on the plan will get constructed. 2 Mayor Mankins suggested that staff meet again with Mr. and Mrs. cattoir if they wish to continue to work on an alternative solution to their concerns. RESOLUTION - AMENDMENT NO. 2 TO JOINT POWERS AGREEMENT. SOUTH COUNTY AREA TRANSIT Mr. Christiansen recommended that the agreement with the South County Area Transit be extended for six months, as requested by the SCAT Board. Moved by Millis/Moots (5-0-0, Millis, Moots, Porter, Johnson and Mankins voting aye) to pass Resolution No. 2271 Approving an Amendment to the South County Area Transit Joint Powers Agreement. HIGHWAY 10l CORRIDOR VISUAL RESOURCE STUDY - REOUEST FOR FUNDING BY CAL POLY Mr. Christiansen referred to his memo of November 17, 1988, and said that if the Council is desirous of assisting in this study, that it be conditioned to be an all or nothing effort by the various entities in the County. Moved by Porter/Johnson (5-0-0) to discuss this request for funds at city Budget time in 1989. STEPHEN DEVENCENZI spoke on behalf of Edward J. Ward, Director of the Highway 101 Corridor Visual Resource Study. Mr. Devencenzi spoke in favor of the study and listed the benefits it would provide to the city. He said it would tie in with the City's General Plan Update. Mayor Mankins said there . are no funds allocated for the study, and since it was not an emergency, the General Fund could not be used. There was a unanimous vote of Council Members in favor of Council Member Porter's motion. SECOND READING OF ORDINANCE. ROYAL OAKS PROJECT - SIDEWALKS Mayor Mankins and Council Member Moots said they would not take part in the discussion or voting on this project because of possible conflicts of interest. Mr. Christiansen said this was the second reading of the Ordinance. It was moved by porter/Millis (3-0-2, Porter, Millis and Johnson voting aye, Mankins and Moots abstaining) to adopt Ordinance No. 384 Amending Subsection 25A, Section 2, Ordinance 355 C.S. Relating to Sidewalk Construction in the Royal Oaks Subdivision. JAMES WAY EXTENSION Mr. Karp referred to his Staff Report of November 16, 1988 and recommended that the City Council authorize Staff to begin general plan revisions necessary to show James Way extension from Tally Ho Road to State Highway 227; and to pursue negotiations to purchase of property for extension of James Way between Tally Ho Road and Corbett Road, State Highway 227. JIM MCGILLIS, a surveyor for San Luis Engineering employed by developers of a Paseo Street subdivision, asked the Council if he should be designing a little collector road through the subdivision, or a full street that eventually would. be connected to Corbett Canyon Road. Also asking questions about whether the connector street will be built between Tally Road and Corbett Canyon Roads were MR. AND MRS. LOREN BOE of 234 Tally Ho Road, GENE GAXIOLA of 228 Tally Ho Road and SPENCE THOMAS of 141 James Way. After Council discussion, it was moved by Johnson/Moots (5-0- 0) to approve the recommendations of Mr. Karp. 3 DISCUSSION ON PHASE II CONSTRUCTION OF PARKING LOT IMPROVEMENTS AT THE ARROYO GRANDE COMMUNITY CENTER. PROJECT NO. 80-88-3 Mr. Karp said that when the City Council awarded the contract for construction of Phase I of the parking lot improvements at the Woman's Club, they had asked the City Staff to discuss with the low bidder, Madonna Construction of San Luis Obispo, the possibility of reducing the amount of his Phase II bid in the event the Council desired to go ahead and.award Phase II for construction concurrent with Phase I. He said on November 17, 1988, representatives from Madonna Construction indicated that they would be willing to reduce the contract prices for Phase II Construction of the Woman's Club improvements by a total of $2,000.00. Mr. Karp reminded the. Council that budget funds for construction at the Woman's Club are not adequate as currently allocated to construct Phase II. After Council discussion, it was moved by porter/Johnson (5- 0-0, Porter, Johnson, Moots, Millis and Mankins voting aye) to accept the $54,424.80 bid of Madonna Construction Company to do Phase II of the Community Center Parking Lot concurrently with Phase I. Moved by Moots/Johnson (5-0":0) to authorize the transfer of funds from the Building Fund to the construction account for this project. ACCEPTANCE OF PUBLIC IMPROVEMENTS. TRACT 1390. ROYAL OAKS Mayor Mankins handed the gavel to Mayor Pro Tem Johnson, who presided over this agenda item. Mayor Mankins and Council Member Moots said they would not take part in the discussion or voting because of possible conflicts of interest. Mr. Karp referred to his Staff Report of November 16, 1988, his letter to Royal Oaks Developer Bill Lackey, and to three "Punch Lists" of uncompleted improvements for Tract 1390. He recommended that the City Council consider a request by Mr. Lackey that the public improvements for the referenced project be accepted at this time. BILL LACKEY, one of the developers of Royal Oaks, said because of construction of homes in the project and the damage that causes, it would not be possible to have every item on the Punch Lists completed before the subdivision is finaled. He asked that the Council accept the subdivision with conditions and said he would post bonds. Mr. Karp said there are some grading, drainage and easement matters which will have to be resolved. He distributed to the Council a memo from the Parks and Recreation Director John Keisler of items yet to be completed by the developer, an updated Punch List Tract 1390 and a drainage easement sketch of Lots 182, 184 and Lot B. Council Member Johnson referred to a November 22, 1988 letter from st. Patrick's School Principal Sister Maris Stella delivered to them by Mr. Lackey, which said that the sidewalk along Rodeo Street to the school driveway is satisfactory. Mr. Keisler referred to a November 22, 1988 letter from David Foote of site and Environmental Design saying that erosion control measures taken on Lots 182, 194 and B are satisfactory. He gave the Council photographs of slopes on Lots 182, 184 and Lot B showing landscaping that has been installed adjacent to Rancho Grande. He said there are additional trees and shrubs needed in the subdivision. Mr. Karp discussed items of major concern in finalizing the tract including easements for drainage over the area. He gave the 4 , - . Council a pictorial of easements that have been executed over three parcels. He said the easements may be only of a temporary nature, since development plans were not yet approved for Lots 182, 184 and "C." He said other concerns deal with the tract itself. He posted on the wall a grading plan which showed grading on lots above the county property. He said the lots do not conform to the grading plan. He said a landscaping berm which was to be put in does not exist at this time. The Council members agreed that they did not object to the lack of a berm on the boundaries between the County property and the lots in Royal Oaks. Council Members, Mr. Karp and Mr. Lackey discussed the lots which do not conform to the grading plan and possible solutions to the problems such as lot line adjustments in other areas that affected the area of building construction and setbacks or amending the Royal Oaks Planned Development Ordinance to allow alternative property line set backs. Mr. Lackey said he had liability concerns about James Way and West Branch street being open to the public while the City still had not accepted the public improvements of Royal Oaks. SATEEN BHAT, 1021 Acorn Drive, owner of one of three of the lots in question, said that two of his lots do not conform to the approved grading plan. He suggested that the Council give the City Engineer time to review the lots and see if the deviations can be non-conformances or acceptable deviations within the norms established by the code. There was further discussion by the Council, Mr. Karp, Mr. Shaw and Mr. Lackey concerning regrading and hydroseeding the lots and calling a special meeting to approve the tract with conditions. Moved by Porter/Johnson to accept the Public Improvements of Royal Oaks Tract 1390 with the condition that the problem lots which do not conform to the grading plan be brought into conformance. Mr. Karp said that he should give the Council some procedures to accept some deeds and to make some exceptions, should the Council wish to proceed. Mr. Shaw said the Council should go ahead with the motion and the vote. Mr. Lackey asked if he would have to have a permit to regrade the lots, and Mr. Karp said that Mr. Lackey's previous permit is still open. A roll call vote was taken, and Council Member Porter voted aye, Council Member Millis voted no, and Council Member Johnson voted aye. The motion failed. SECOND READING 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 SIT~S Mr. Christiansen recommended that the Council continue this matter to the meeting of December 13, 1988, so that Staff could have more time for computation of fees, etc. Mayor Mankins said that fees should not exceed the actual cost of services. 5 The Mayor asked Mr. Christiansen if Staff needed any more direction on the Bui lding Code Ordinances, and Mr. Christiansen answered in the negative. The agenda item was continued to the meeting of December 13, 1988. ADJOURNMENT The meeting was adjourned at 10:40 P.M. MAYOR ATTEST: CITY CLERK .