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Minutes 1987-11-24 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, NOVEMBER 24, 1987 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, Gene Moots and D. G. Porter. Council Member Millis entered the meeting at 9:08 P.M. FLAG SALUTE AND INVOCATION Mayor Mankins led the Pledge of Allegiance to our Flag, and Council Member Moots delivered the invocation. PUBLIC APPEARANCES None. CONSENT AGENDA Moved by Porter/Johnson (4-0-1, Millis absent) to approve Consent Agenda Items C.1. through C.5., with the 12th paragraph on Page 1 of the Minutes of October 29, 1987, corrected to substitute the Short Street for Mason Street. C.1. "1987 California Family Week," November 22-28, 1987, Proclamation. Proclaimed. C.2. October 27, 1987, City Council Minutes. Approved. C.3. October 29, 1987, City Council Minutes. Approved. C.4. November 2, 1987, Long Range Planning Ad Hoc Committee Minutes. Information. C.5. October 19, 1987, Parking and Traffic Commission Minutes. Information. PROPOSED AMENDMENT TO THE ZONING ORDINANCE, DELETING ARTICLE 36 AND ADOPTING A NEW ARTICLE 36, ENTITLED "FLOOD DAMAGE PREVENTION DISTRICT OR FLOOD HAZARD IF-H) DISTRICT." C.C.FILE 6-15-86 Mr. Karp referred to his Staff Report of November 18, 1987. He said the proposed Ordinance had been taken to the Planning Commission and a unanimous recommendation had been given. He said there is no significant change in the Ordinance, and that the map had not changed. He said primarily definitions and clarifications had been added. Mayor Mankins open the Public Hearing, and when no one came forward to speak, closed the Hearing to the floor. It was moved by Johnson/Porter (4-0-1, Millis absent) to read the Ordinance by title only. Mr. Karp read the title of the Ordinance, and it was moved by Johnson/Porter (4-0-1, Johnson, Porter, Moots and Mayor Mankins voting aye, Millis absent) to approve the first reading of an Ordinance Amending Title g, Chapter 4, of the Zoning Ordinance, Deleting Article 36, and Adopting a New Article 36 Entitled "Flood Damage Prevention District or Flood Hazard (F-H) District." OAK PARK INTERCHANGE REPORT City Manager Robert Mack reported that the Mayors of Arroyo Grande, Grover City and Pismo Beach had met and resolved the issue of the improved design of the Oak Park Interchange. He showed the proposed design on the easel. Mayor Mankins said Grover City Mayor Dave Ekbom and Staff are preparing the tentative agreement for the Cities to approve. Mr. Karp said Caltrans had reacted favorably when told of the agreement. There was further discussion of the issues of the lanes on the bridge, signalization, the new freeway bridge to Rancho Grande commercial development, and the proposed hook ramps. CITY COUNC I L NOVEMBER 24, 1987 ARROYO GRANDE, CALIFORNIA PAGE TWO REQUEST BY SOUTH COUNTY SANITARY SERVICE FOR A RATE INCREASE C.C.FILE 4-5-7 Mr. Mack referred to his memo of November 24, 1987, and explained that representatives of the Cities of Arroyo Grande, Pismo Beach and Grover City tentatively a9reed that an increase of approximately 5 1/4 percent for home customers and 7~ percent for commercial customers would be acceptable. Mayor Mankins asked CHARLES CATTANEO, president of South County Sanitary Service, if he had anything to add, and he responded in the negative. Mayor Mankins said the language of the agreement had not changed, and the increase would amount to approximately $3.60 per year per customer. After Council discussion, it was moved by Porter/Moots (4-0-1, Porter, Moots, Johnson and Mankins voting aye, Millis absent) to adopt Resolution No. 2182 Establishing New and Amending Current Disposal Service Franchise Agreement Rates, Effective January 1, 1988. APPEAL OF PLANNING COMMISSION'S DENIAL OF VARIANCE AND MINOR SUBDIVISION (LOT SPLIT) AT 511 PLATINO LANE IN THE "R-1" SINGLE FAMILY RESIDENTIAL DISTRICT. (KENNETH J. AND LINDA M. OSTAPOWICZ) C.C.FILE 6-3-85 Planning Director Doreen Liberto-Blanck referred to her memo of November 17, 1987. She gave background on the issue. She said if the City Council wishes to approve the variance and lot split, the appropriate findings must be made, and Staff recommends the following conditions: 1. The applicant shall submit to the City, plan and profile, and construct the street improvements, including curb, gutter, sidewalk, street lights and pave out from the street end through the applicant's property. 2. A grading and drainage plan shall be filed with the Public Works Department at the time of the issuance of the building permit. The Director of Public Works shall review and approve the driveway and encroachment. 3. The applicant shall separate utilities to each of the lots, and provide easements for some, if appropriate. 4. The applicant shall pay high pressure water fees to the City. Ms. Liberto-Blanck recommended that the Council uphold the Planning Commission decision to deny the variance and lot split, but said if the Council wishes to approve the projects, Staff recommends: 1. Adoption of the Negative Declaration. 2. Approve the variance. 3. Approve the lot split. 4. File a Notice of Determination. Mayor Mankins opened the Public Hearing. STEPHEN COOL, attorney for the applicants, spoke in favor of the appeal as did KENNETH OSTAPOWICZ, who filed the appeal. Speaking against the variance and lot split were BILL HARVEY of 308 Oro Drive, MICHAEL ROHLA of 423 Platino Drive, MIKE MINER of 316 Ora Drive, BILL TAPPAN of 1525 Chilton and DEBBIE BLACK of 340 Oro Drive. Mayor Mankins closed the Hearing to the floor. Council Members said the lots should stay the same as they were originally subdivided and they did not see special circumstances which would indicate approval of the variance and lot split. On motion of Johnson/Porter (4- 0-1, Millis absent) to uphold the Planning Commission and deny the appeal. --.-......-,,- CITY COUNCIL NOVEMBER 24, 1987 ARROYO GRANDE, CALIFORNIA P AGE THREE ROYAL OAKS TRACT 1390 UPDATE: IMPROVEMENT MODIFICATION C.C.FILE 6-14-105 The Council received from Engineering Development Associates a paper titled "Changes to Tentative Map Resulting from Construction Activities" dated November 24, 1987, and a tentative map with shaded areas showing the location of the changes in Royal Oaks Estates. DAN LLOYD of E.D.A. reviewed the 12 changes, and Council Members questioned Mr. Lloyd and Developer Bill Lackey on each point. Council Member Porter asked about hydroseeding Lot C which is to be exchanged by the developer with the County. Mr. Lackey said hydroseeding would be done within two weeks. Public Works Director Paul Karp said in summary he had reviewed the matters with Mr. Lackey and his representatives at E.D.A. and had looked for conformance with the two exhibits he had asked E.D.A. to attach to their handout, and finds no significant change in lot lines from the originals. He said the lot lines are adjusted in the area of the patio homes by approxi- mately three feet, but lot areas do not change. He said lot lines in the vicinity of 113, 114, 112, 111 and 110 are not significantly changed. He said that these matters are only brought to the Council because the development is specifically addressed in a P-D rezonin9 ordinance. He said if this tract was in R-1 zoning the approvals would be handled by Staff. He said he sees most of the changes as improvements. He said he had minor concerns about some driveways on Oakridge Road, but that they would be dealt with in the building permit stage. He said he expected a soils report to confirm the grading permits. He said the City has no jurisdiction over grading on the County property. He said the City has a letter on file from the County authorizing the grading to occur on West Branch Street, the rest of the grading is primarily under the supervision of General Services, and the City requires County signatures on the plans where the County is involved. He said the City is inspecting all the roads and he considers these to be an improvement to the area. City Attorney Shaw recommended that the changes be approved by Minute Motion. It was moved by Porter/Johnson (4-0-1, Millis absent) to adopt the 12 grading modifications, as follows: 1. Adjusted property lines for lots 11 - 33, 101 - 109, 157, 89 - 100, to create better sideyards and eliminate drainage easements over adjacent lots yielding little or no area change. 2. Reduced the fill on lots 6, 7 and 8 to reduce height of fill as viewed from James Way and to satisfy the concern of neighbors regarding height of future structures. 3. Graded lots 127, 128 and 129 to daylight with existing hillside to reduce visual impact of cut slopes. 4. Lowered lots 131, 132 and 133 to satisfy the neighbors and protect their views and filled a sliver area between lot 131 and adjacent property owner to eliminate unusable sideyard. 5. Reversed drainage on lots 114 and 115 in order to drain to the street and remove drainage from future school site. Will make little to no change to lot lines and lot area between lot 114 and 110 - 113 and 185 and 186 because of revised slopes. 6. Reduced grading on lots 116 and 117 to retain several existing oak trees slated for removal. 7. Raised the pad elevation on lots 215 to 219 to lower appearance of high cut bank at rear of lots. Lots are still well below line of sight from adjacent property. 8. Provided pads for lots 220 to 226, to avoid using ejector pumps for future residences and eliminate possibility of future removal of oak trees in preserve area. 9. Provided pads for lots 183, 231 and 232 because of unsuitable existing grades and the opportunity to save several trees (previously left ungraded). ------.,--~--_.__..."~--- -,----- CITY COUNCIL NOVEMBER 24, 1987 ARROYO GRANDE, CALIFORNIA PAGE FOUR ROYAL OAKS Continued from Page Three 10. Graded the roadway for the 24 foot wide access and sewer easement in anticipation of future sewer main construction and to provide access to Lots 182 and 184. 11. Graded County property to provide better future building area and to provide fill for future City property. 12. Graded a pad area in lot "c" for the County in anticipation of their future use of the property. Mr. lackey reported that he could not come to agreement with the City Engineer over approval of an existing culvert located under 35 feet of fill. Mr. Karp had required that the culvert be replaced with a shallower pipe and protected outlet. After further Council discussion, it was moved by Porter/Johnson (4-0-1, Millis absent) to approve the existing culvert under West Branch Street and directed Staff to consider the pipe temporarily to be used as a drain for the future City property. Staff was directed to insure that the pipe does not silt up or become vandalized. COUNCIL MEMBER MILLIS ENTERED THE MEETING AT 9:08 P.M. After Council discussion, it was moved by Johnson/Moots (5-0-0) to not require lucia Mar Unified School District to sign drainage improvement plans for Lot B, in Royal Oaks Estates development. 1988 STRAWBERRY FESTIVAL Mr. Mack referred to his memo of November 2, 1987, and listed matters the Council should consider in connection with the 1988 Strawberry Festival. Council Members expressed public safety concerns about the closing of Branch Street for the festival, and about the City paying for police and trash services. After Council discussion, it was moved by Porter/Moots and voted unanimously (5-0-0) to refer the matter back to the Advisory Committee with three basic concerns. 1. The Council does not wish to close Branch Street for the festival. 2. The Committee is urged to look for a new location for the festival. 3. The Committee should reimburse the City for police and trash services. Council Member Millis is the Council representative on the Advisory Committee. AWARD OF ENGINEERING CONTRACT TO PROVIDE MASTER WATER PLAN UPDATE C.C.FILE 13-1-16 Mr. Karp referred to his memo of November 19, 1987, and recommended that the City Council authorize an expenditure not to exceed $14,340.00 for service outlined in the proposal from Garing Taylor and Associates, Inc., to develop a Master Plan update for the City's water system. He also asked for Council approval to include in the test pumping on the Rancho Grande golf course well, which may become available to the City in the future. He said that the portion of the contract dealing with test pumping should be subject to an agreement with Rancho Grande regarding the future use of the well. It was moved by Moots/Johnson (5-0-0) to approve Mr. Karp's recommendations. RESOLUTION ESTABLISHING "NO PARKING" ZONE AT 1303 GRAND AVENUE Mr. Karp read the title of the Resolution. It was moved by Johnson/Porter (5-0-0, Johnson, Porter, Millis, Moots and Mankins voting aye) to adopt Resolution No. 2182 Establishing a "No Parking" Zone on a Portion of Grand Avenue (1303 Grand Avenue) (Municipal Code Sec. 2-7.04) RESOLUTIONS ESTABLISHING "NO PARKING" ZONES ON PORTIONS OF SOUTH ELM STREET Moved by Moots/Johnson (5-0-0, Moots, Johnson, Porter, Millis and Mankins voting aye) to adopt Resolutions No. 2183 and 2184 Establishing "No Parking" Zones on Portions of South Elm Street (Elm Street Frontage of 1205 Poplar Street) and (120-140 South Elm Street) (Municipal Code Sec. 2 -7.04) . ~..__.~..__._-_.........__.- .---- CITY COUNCIL NOVEMBER 24, 1987 ARROYO GRANOE, CALIFORNIA PAGE FIVE STREAM BANK RESTORATION PROGRAM REQUEST Council Member Porter said the City needs to investigate erratic streambanks on Arroyo Grande Creek for the purpose of erosion control. He said $50,000.00 is available in grant money, and recommended the City spend $200.00 to hire an expert he has consulted who would evaluate the potential use of the grant funds by the City. Moved by Millis/Johnson (5-0-0) to approve Council Member Porter's recommendation. REQUEST FOR DETERMINATION - OAK PARK PROFESSIONAL CENTER, LOT 5, OAK PARK ACRES (KENNEOY/SHEPPEL). Ms. Liberto-Blanck referred to her memo of November 17, 1987. She said the Planning Commission recommends that the Council: 1. Permit a health club and related facilities to be acceptable uses in the P-D commercial area use designation, and 2. Consider the proposed access onto Oak Park Boulevard, but if approval is recommended by the City Council, that it be only considered with the following requirements: a. That the design and specific engineering, deceleration lane, and so forth be acceptable to the City Engineer, and b. that the access be studied and subject to final agreement by the City of Pismo Beach. Applicant KEVIN KENNEDY, who has a business at 126 Branch Street, discussed his proposal, answered Council questions and asked for approval of the health club. JAMES HUNT of 1403 Noyes Road, owner of Oak Park Acres Parcel A, asked the Council to allow ingress only on Oak Park Boulevard to protect an easement. Council Members discussed entrances and exits on Oak Park Boulevard and James Way, and the acceptability of the Health Club in the Professional Center. Moved by Millis/Moots (4-0-1, Porter voting nay) to permit the health club and related facilities in the P-D Commercial area use designation. Moved by Millis/Johnson (5-0-0) to deny the proposed access on Oak Park Boulevard for the project. RESOLUTION ADOPTING EMPLOYEE WAGE SCHEDULES FOR CERTAIN POSITIONS Moved by Millis/Moots (5-0-0) to adopt Resolution No. 2185 adopting Employee Wage Schedules for Certain Positions and Amending Resolution No. 1974. ADJOURNMENT TO CLOSED SESSION The Council adjourned to a Closed Session on personnel and litigation at 10 :07 P.M. RECONVENEMENT The Council reconvened at and immediately continued the meeting to November 27, 1987, at 10:00 A.M. MAYOR ATTEST: CITY CLERK -.---