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Minutes 1988-01-12 ., MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESOAY, JANUARY 12, 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 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. Gregory Waybright of Grace Bible Church delivered the invocation. PUBLIC APPEARANCES MIKE ZIMMERMAN of 227 Branch Street, a representative of Arroyo Grande Community Alliance, said questions asked by the group at the last City Council meeting had not been answered satisfactorily. He disputed the Council's response to the questions regarding a developer, a City inspector, and the Royal Oaks Development. MARIE CATTOIR of 195 Orchid Lane referred to the Traffic Way Undergrounding Project and said there needs to be a permanent liason, representing the utilities and the City, working with the property owners on large projects such as this. CONSENT AGENDA Moved by Porter/Johnson (5-0-0) to Approve Consent Agenda Items C.1. through C.10., with the recommended courses of action. C.1. December 8, 1987 City Council Minutes. Approved. C.2. December 11, 1987 City Council Minutes. Approved. C.3. December 16, 1987 City Council Minutes. Approved. C.4. December 22, 1987 City Council Minutes. Approved. C.5. Fourth Quarter, 1987 Sales Tax Revenue Report. Information. C.6. Fourth Quarter, 1987, Departmental Report. Information. C.7. December, 1987, Investment Report. Information. C.8. Discontinuance of Silent Alarm Monitoring Equipment at Police Department. Approved. C.9. So to Sports Complex Irrigation, Reclamation and Water Supply Progress Payment No.1, R. Baker, Inc. Approved. C.C.FILE 9-11-18 C.10. Request by Fire Chief to Purchase Fire Hose (Budgeted Item). Approved. Public Hearing APPEAL OF PLANNING COMMISSION'S DENIAL OF A VARIANCE FROM ZONING ORDINANCE, ARTICLE 26, "OFF-STREET PARKING RE UIREMENTS " REQUIRING SURFACE OF DRIVEWAY IN CONCRETE OR A.C. PAVING AT 1189 FLORA ROAD ALTON & LI NDA ONES. C.C.FILE 6-3-86 Planning Director Doreen Liberto-Blanck referred to her memo of January 6, 1988, and gave background on the appeal. She said the Planning Commission could not make findings needed to grant a variance. She recommended that the City Council uphold the Planning Commission's determination to deny a variance from a requirement to pave a driveway. She said that the Planning Commission had felt that if the variance denial was appealed by Mr. and Mrs. Jones, that the appeal fee should be waived because the applicants indicated the fee may cause a hardship. ---- -. C!TY COUNC I L JANUARY 12, 1988 ARROYO GRANDE, CALIFORNIA PAGE TWO JONESES' APPEAL OF VARIANCE DENIAL Continued from Page 1 Mayor Mankins opened the public portion of the Hearing. LINDA JONES, the applicant, referred to her letter to the Planning Commission of December 15, 1987, saying that being required to pave a 600 foot driveway is "cruel and unnecessary and a hardship." There was a discussion of the appeal by the Council, the applicant and Staff. The Mayor closed the public portion of the hearing to the floor. Council Member Moots said he lives two houses from the property in question, and would abstain from the discussion and voting. The Mayor reiterated that the Planning Commission could not make the necessary findings to grant the variance. Ms. Liberto-Blanck showed the property driveway on the map, and explained the "0" overlay zoning designation. Fire Chief Doug Hamp said that paving the driveway would be necessary to hold a 17 ton fire truck which may have to respond to an emergency at the property. Council Member Millis' motion to deny the appeal died for lack of a second. There was further Council discussion concerning the width of the driveway; turning radius for a fire truck; the applicants' designation of the driveway as temporary, and the similarity of the nearby parcel sizes. Moved by Johnson/Millis (4-0-1, Moots abstaining) to uphold the Planning Commission's denial of the variance and deny the appeal. Immediately before the vote there was discussion of the construction requirements for building the road. Moved by Johnson/Porter (4-0-1, Moots abstaining) to waive the Appeal fee, as recommended by the Planning Commission. REQUEST FOR REDUCTION IN REQUIREMENTS, GRADING OF LOT 39, TRACT 1149 Public Works Director Paul Karp referred to his memo of January 5, 1988, which alluded to his letter of December 15, 1987, written in response to Paula Burchett. The City Clerk read a letter from Bill and Susan Briam supporting Ms. Burchett. It was moved by Johnson/Porter (5-0-0) to accept the Briam letter into the record. There were Council questions of Staff. The Mayor open the discussion to the floor. PAULA BURCHETT of 1209 Nova, Santa Maria, objected to drainage requirements by the City including lining a ditch on her property and property next door with concrete, and installing 12-inch lines from around her house to the ditch. Speaking in support of Ms. Burchett were PAUL BURCHETT, a contractor and the applicant's father; DON SHAW of 627 S. Conception, Santa Maria, owner of Lot 40; REUBEN KV!DT of 116 Vi sta Dri ve and 0 wner of Oak Park Acres, and MARK VASQUEZ, architect for the homes. Council Members discussed erosion which could occur on the steep hillsides, the City's ability to enforce erosion prevention, and a possible homeowners association to watchdog erosion into the ditch. Mayor Mankins closed the discussion to the floor. ----. CITY COUNCIL JANUARY 12, 1988 ARROYO GRANOE, CALIFORNIA PAGE THREE REQUEST FOR REDUCTION IN REQUIREMENTS Continued from Page 2 There was Council discussion of the sizing of the pipe, the steepness of the slope to the ditch, the possibility of the ditch remaining in a natural state and the requirement of Ms. Burchett to line the ditch on the neighboring property. CLARK MOORE of 1180 Ash Street said the slope could not be stabilized with grass. He said a larger pipe is needed and there is a need for a more coordinated erosion prevention program and a continuing education program. He suggested that every tract plan should have a soil map. He said that grass waterways are not sufficient if the native flows are increased and concentrated as proposed. Council Member Porter suggested further arbitration between the Burchetts and the City Engineer. After further Council discussion, it was moved by Porter/Millis (5-0-0) to send the matter back to the City Engineer and all parties involved for arbitration. A time limit of two weeks was set by the Council. SECOND READING OF ORDINANCE, DISABILITY RETIREMENT PROCESS Interim City Manager Chris Christiansen explained the proposed ordinance. Mayor Mankins read the title of the ordinance. Moved by Porter/Johnson (5-0-0) to dispense with further reading of the ordinance. Moved by Johnson/Porter (5-0-0, Johnson, Porter, Millis, Moots and Mankins voting aye) Designating the City Manager With the Authority to Apply for Retirement for Employees With a Disability (California Government Code Sec. 21023). DEPARTMENTAL POLICIES AND PROCEDURES Council Members discussed the categories applicable to all City employees in the Policies and Procedures Report. Mr. Karp brought the Council's attention to the Purchasing Control and Record Keeping category and the fact that some maintenance items (non-capital) costing more than $500 do not go to the Council before the expenditure is made. Mayor Mankins said that it was not the intent of the Council to create any unnecessary paper work; what is needed is some control and guidance on purchasing. He recommended that that category be pulled for further discussion. He also asked that the Organizational Chart category be pulled for later discussion. Moved by Porter/Johnson (5-0-0) to approve categories d.&e. Inventory Control of Supplies and Central Supply Options, g. Employee Attendance, Comp-Time, Etc., i. Cross-Training Program, j. Evaluation Procedures, and k. Exit Interviews. Categories f. Purchasing Control and Record Keeping and h. Organizational Chart will be on another agenda. REQUEST FOR REMODELING FUNDS (POLICE DEPARTMENT) Mr. Christiansen referred to Police Chief Clark's memo on Request for Remodeling Funds. He said the total request of $5,250.00 would be a General Fund expenditure. Council Member Millis asked when the City Council had authorized the Bradshaw bid of $1,358.00 for work in the City Council Chambers, which was included in the bid for work at the Police Department. Mr. Christiansen explained that the Council was not being asked to approve any work in the Council Chambers, but for the Police Department only. Moved by Porter/Moots (5-0-0) to approve the low bid to relocate power supply generator and remodel the rear section of the police facility for $5,250.00. PEARWOOD PONDING BASIN Mr. Karp referred to his memo of December 22, 1987, and recommended that the City Council authorize preparation of an agreement between Bill Papich Construction and the City of Arroyo Grande for excavation of the Pearwood Drainage Pond. He asked that the proposal be on the next agenda, and said the City Attorney and the Parks and Recreation Director had requested to give some input and to review the agreement. ...- ,.' .~ I , I CITY COUNCIL JANUARY 12, 1988 ARROYO GRANDE, CALIFORNIA PAGE FOUR PEARWOOD PONDING BASIN Continued from Page 3 City Attorney Art Shaw expressed legal concerns about public bidding procedures, and the proposed four-year contract. JOE ZOGATA of 714 Grand Avenue said he has been unable to remove his 1,000 cubic yards of dirt from the basin because of the inclimate weather. BILL PAPICH of 616 Prince Road explained how he would handle the removal of the dirt from the basin and said he would have to do it on a piecemeal basis so he would have time to sell the dirt as it was removed. He said a fouryear exclusive contract would be needed. Mayor Mankins said the matter would be referred back to staff and returned to the Council agenda of January 26, 1988. PLANNING COMMISSION DETERMINATION ON A RE UEST FOR A VARIANCE FROM THE INTERIM URGENCY ORDINANCE LIMITING RESIDEN IAL BUILDING HEIGHT TO FIF EEN 15' 360 GULARTE R AD, VARIAN E CASE NO. 87- , PAUL REINHARDT . . 6-15-88 Ms. Liberto-B anck referred to her memo of January 7, 988. She used the overhead projector to show possible placement designs of homes on adjacent lots. She gave background on the issue, and recommended that the Council support the Planning Commission resolution which approved the Variance. PAUL REINHARDT of 836 Raintree Court, Santa Maria, part owner of the property, read from his letters to the City Planning Department of November 18 and December 21, 1987. He explained how his home would not block the viewshed of any new homes. MR. ZOGATA, developer of the project, showed photographs of the property to the Council. After Council discussion, it was moved by Millis/Porter (5-0-0) to approve the Planning Commission resolution and the Variance request. ADOPTION OF FIRE DEPARTMENT DOCUMENTS Item continued for four weeks to the agenda February g, 1988. ADJOURNMENT TO CLOSED SESSION The Council adjourned at 9:50 P.M. to a Closed Session on Personnel and Liti9ation. RECONVENEMENT AND ADJOURNMENT The Council reconvened at 11:00 P.M. and immediately adjourned. ~ .L~. ~~~"-1, ATTEST: '-1?4J/vtfl a. };;pJh'~/ CITY CLE ..----