Minutes 1987-11-10
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, NOVEMBER 10, 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. 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.
Virgil G10cheski of St. Patrick's Catholic Church delivered the invocation.
PUBLIC APPEARANCES
None
KEY TO THE CITY
Council Member Johnson introduced Magdalena Nowak, a visitor from Warsaw,
Poland, who is a guest in the South County. Council Member Johnson said that
the visitor is an attorney and is employed by the official Polish tour company.
She presented her with a "Key to the City of Arroyo Grande" as a token of
friendship, and said she would always be welcome here.
CONSENT AGENDA
Mayor Mankins withdrew Consent Agenda Item C.1. for later discussion.
It was moved by Porter/Johnson (5-0-0) to approve Consent Agenda Items C.2.
through C.10. with the recommended courses of action.
C.2. "Hospice" Month, November, 1987, Proclamation. Proclaimed.
C.3. October 13, 1987, City Council Minutes. Approved.
C.4. October 20, 1987, City Council Minutes. Approved.
C.5. October 26, 1987, Long Range Planning Ad Hoc Committee Minutes. Information.
C.6. October, 1987, Investment Report. Information.
C.7. Parks and Recreation Department Aerator Award of Bid. Awarded to Low Bidder.
C.8. Vernon/West Branch Sewer Main Construction. Awarded to Low Bidder. CC File 9-14-5
C.9. Liability Claim, Don Rosa. Claim Rejected.
C.10. Courtland/Grand Traffic Signal Acceptance and Payment Authorization.
Accepted, Notice of Completion Filed. Payment approved. CC File 11-11-6
C.1. "FLORA QUEEN DAY," NOVEMBER 13, 1987, PROCLAMATION
Mayor Mankins said a special proclamation declaring November 13, 1987 as
"Flora Queen Day" has been prepared. Each Council Member made comments on
Mrs. Queen's many kindnesses to them over the years. Mayor Mankins said Mrs.
Queen will be "Queen Forever" in this City.
It was moved by Council Member Millis and seconded by all the other
Council Members (5-0-0) to approve the Proclamation declaring "Flora Queen
Day, November 13, 1987."
APPEAL OF PLANNING COMMISSION"S DENIAL OF VARIANCE FROM ZONING ORDINANCE,
SEC. 9-4.408 (b) REQUIRING 10'SIDE ~RD SETBACK IN "A", AGRICULTURAL DISTRICT,
AT 497 FAIR OAKS AVENUE, GOSPEL LIGHTHOUSE CHURCH CC File 6-3-84
Planning Director Doreen Liberto-Blanck referred to her memo of November
4, 1987, and gave background on the matter. She explained the Planning Com mission
denial of the project. She listed Staff Advisory Com mittee recom mended conditions
of approval in the event the variance was approved.
THE REV. LARRY BOOKER, pastor of Gospel Lighthouse Church, explained
the church appeal of the Planning Commission denial, and answered Council
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CITY COUNCIL NOVEMBER 10, 1987
ARROYO GRANDE, CALIFORNIA PAGE TWO
GOSPEL LIGHTHOUSE APPEAL Continued From Page 1
questions.
. Mayor Mankins opened the Public Hearing and invited the public to give
testlmony on the appeal. When no one came forward, he closed the public portion
of the Hearing.
After ~ouncil discussion, .it was m?ved by Moots/Porter (5-0-0) to grant
the appeal wlth the four condltlons outllned by the Planning Director:
1. The property master plan be on file with the City prior to the issuance
of the building permit.
2. The building be no more than one story in height.
3. There be an appropriate fire wall.
4. There be an architectural review of the project.
and based on the four findings listed by City Attorney Art Shaw:
1. There are exceptional circumstances applying to the subject property
because a building permit for a patio with verticle supports was inadvertently
issued, and has already been constructed. The church is now in the process
of enclosing the patio for classrooms.
2. The granting of this variance is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
3. The granting of this application will not, under the terms and
conditions of this particular case, materially affect adversely the health or
safety of persons residing in or working in the neighborhood, and will not be
materially detrimental to the public welfare or injurious to property or
improvements in said neighborhood.
4. The granting of this application will not be contrary to the General
PI an.
PROPOSED AMENDMENT TO LAND USE ELEMENT OF GENERAL PLAN AT 201 BRISCO ROAD,
FROM R-3, MULTIPLE FAMILY RESIDENTIAL DISTRICT , TO "P-M," PLANNED INDUSTRIAL
DISTRICT, RICHARD RAY, ET AL. CC File 6-3-85
Ms. Liberto-Blanck referred to her memo of November 4, 1987.
She recommended that if the Council wishes to approve the proposed General
Plan amendment that the following recommendations be followed:
1. The Negative Declaration for the General Plan amendment be adopted.
2. The General Plan amendment be adopted by resolution.
3. The City Clerk file a Notice of Determination.
There were Council questions of Staff.
STEPHEN COOL, attorney for the applicant, listed the factors in support
of the General Plan change.
MRS. B. O. SCHILLING of 185 Brisco Road gave to the Council a petition
si9ned by 13 homeowners against the rezoning. Mrs. Schilling objected to the
proposed Heavy Commercial zoning.
Council and Staff discussed what uses would be allowed in the new
zoning, and alternatives if the amendment to the Land Use Element does not pass.
The Mayor closed the public portion of the Hearing.
Mr. Shaw said the Planning Commission would decide what uses would be
allowed on the property. Ms. Liberto-Blanck said the Planning Commission will
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CITY COUNC I L NOVEMBER 10, 1987
ARROYO GRANDE, CALIFORNIA PAGE THREE
AMENDMENT TO LAND USE ELEMENT Continued from Page 2
take up the matter November 17, 1987.
. Moved.by Porter/Moots (5-0-0, Porter, Moots, Johnson, Millis and Mayor
Manklns votlng aye) to adopt Resolution No. 2176 Amending the Land Use Element
of the General Plan to Permit Heavy Commercial/Light Industrial Uses and to
Delete Medi~m High Density Residential Uses on Real Property Currently Used
for CommerClal Purposes (201 Brisco Road - Ray).
RELIEF FROM PEARWOOD DRAINAGE REQUIREMENTS, JOSEPH ZOGATA CC File 6-14-102
J~HN DO~WIN ?f 2~0 E. ~i~hway 246, Buellton, attorney for Joe Z09ata,
explalned hlS c~lent s P?Slt10n on the matter. He passed around pictures
showlng the dralnage basln. He requested that the City proceed with construction
of the entire basin, and establish that the developer has met his obligation.
Public Works Director Paul Karp said the City agrees that the situation
at the Pearwood pond is not safe; that there is silt in the culvert, and that
Mr. Zogata should dig out the volumn of earth from the pond that would equate
to t~e additiona~ inflow that he creates - the additional storage that he is
requlred to provlde to accommodate the additional drainage into the pond
because of the improvements in the subdivision. Mr. Karp said he told Mr.
Zogata that if his engineer would certify that he has actually removed the
1,000 yards of d.irt from the basin, the City would "back off."
Mr. Zogata said he had removed 1,000 yards of dirt from the basin and
paid for the removal.
After considerable discussion, Mayor Mankins suggested that Mr. Zogata
and City Staff get together to resolve the matter. Mr. Shaw, Mr. Karp and
Mr. Mack agreed to this.
WATER METER SERVICE CHARGE REOUCTION, 704 BRANCH MILL ROAD, VERNON FREDERICKS
Mr. Karp said he had nothing to add to his memo of November 3, 1987 on this
matter.
VERNON FREDERICK of 747 White Oaks, Pismo Beach, and 7272 Trailcrest,
Yorba Linda, appeared before the Council.
After Council discussion, it was moved by Moots/Johnson (5-0-0) to approve
the tentative agreement to reduce the length of main used to calculate the "front
foot charge" for the water connection at 704 Branch Mill Road to 150 feet, subject
to an agreement to be drawn up by Mr. Shaw and furnished to Mr. Frederick for
approval and signature and returned to the Council for confirmation.
CLARENCE AVENUE IMPROVEMENTS RECOMMENDATIONS CC File 11-5-28
Mr. Karp said he no additional information other than his memo of November
3, 1987, which said the capacity of the Clarence Avenue Drainage ditch is suf-
ficient to handle increased runoff.
After Council Discussion, it was moved by Moots/Johnson (5-0-0) to approve
the Clarence Avenue drive costing the City $8,500.00 to be obtained from City
reserves.
RESOLUTION AMENDING CITY CONSTRUCTION STANDARDS
Mr. Karp referred to his memo of November 4, 1987, and recommended that
the City Council adopt the plate revisions to the City's book of construction
standards.
Mayor Mankins said in the future the users of the standards should give
input into their development. Mr. Karp advised the Mayor that it was often the case
that revisions are completed as a result of developer suggestion.
Mr. Mack referred to Plate 156-AG which shows how the standards allow
parking autos to extend over small strips of landscaping in a parking lot, and
reported that this plate was revised at direction of the City Council.
Moved by Moots/Johnson (5-0-0, Moots, Johnson, Millis, Porter and Mankins
voting aye) to approve Resolution No. 2177 Adopting Revised Construction
Standards for the City of Arroyo Grande (Municipal Code 7-2.01).
C!TY COUNC I L NOVEMBER 10, 1987
ARROYO GRANDE, CALIFORNIA PAGE FOUR
TRAFFIC WAY/BRANCH STREET/GRAND AVENUE IMPROVEMENTS CC File 11-11-10
Mr. Karp referred to his memo of November 4, 1987, and showed on a wall map
the intersection in question.
Mayor Mankins discussed a possible future realli9nment of West Branch Street
as it connects with Grand Avenue. Mr. Karp suggested sending a copy of the Barton/
Aschman Associates' traffic report prepared for the Rancho Grande Commercial center
to Caltrans for review, as well as. study of a possible reallignment of West Branch
Street in the vicinity of the Grand Avenue northbound onramp. Council agreed to this
suggestion.
After Council discussion, it was moved by Moots/Porter (5-0-0, Moots, Porter,
Johnson, Millis and Mankins voting aye) to approve Resolution No. 2178 Estab-
lishing a "No Parking" Zone on a Portion of West Branch Street (121, 123, 137,
139 and 145 West Branch Street and 101 Traffic Way) (Municipal Code Sec. 2-7.04).
Moved by Moots/Johnson (5-0-0) to approve Mr. Karp's recommendations to
authorize award of the design contract to Omni-Means of Sacramento in the amount
of $6,200.00, and authorize an addition supplement for design of the project which
would meld the new signal installation and channelization into the Master
Plan for development of Traffic Way reconstruction.
RESOLUTION REQUESTING LAFCo TO INCLUDE 154 ACRES IN OAK PARK AREA TO ARROYO
GRANDE'S SPHERE OF SERVICE CC File 8-3-5
Mr. Mack referred to his memo of November 6, 1987. He recommended a change
in the wording of the proposed Resolution requesting an amendment to the City's
Urban Service Area by LAFCo for a parcel in Oak Park Acres. He said item 2.0.
should read, "addressing the needs of Lucia Mar Unified School District for
possible acquisition of a ten-acre elementary school site upon the subject
property."
There was Council discussion of the matter and the Mayor and Council Mem-
bers Johnson, Moots and Porter felt the City should adopt the Resolution so
it could retain control of the use of the land. Council Member Millis said
this action would lead to annexation of this parcel and he believes the boun-
dary between Arroyo Grande and Pismo Beach in that area should be Oak Park Road.
It was moved by Moots/Porter (4-0-1, Moots, Porter, Johnson and Mankins
voting aye and Millis voting nay) to approve Resolution No. 2179 Requesting
an Amendment to the City of Arroyo Grande Urban Service Area by the Local
Agency Formation Commission (LAFCo) for a Parcel of Property in Oak Park Acres.
POLICE COMMUNICATIONS SOLE PROVIDER AWARD OF BID- Deleted from this Agenda.
RESOLUTION ADOPTING CERTAIN EMPLOYEE WAGE SCHEDULES
Mr. Mack said this would mean a salary increase of 3~ percent for the
management group.
Moved by Porter/Johnson (4-0-1, Porter, Johnson, Millis and Mankins voting
aye, Moots absent) to Adopt Employee Wage Schedules for Certain Positions and
Amending Resolution No. 1974.
ROYAL OAKS DEVELOPMENT - REQUIREMENTS OF DEVELOPER FOR CABLE TELEVISION INSTAL-
LATION CC File 6-14-105
Mr. Shaw referred to a letter to the City from Bill Lackey, owner-contractor,
protesting his being required to pay for the installation of Sonic Cable TV
lines in his Royal Oaks development. Mr. Shaw said that the City does not
get involved in these disputes.
Council Members discussed the matter with Mr. Lackey and decided to direct
Staff to write a letter to Sonic Cable TV indicating the City's displeasure
with Sonic's requirement that developers pay Cable TV installation costs and
asking for a meeting to resolve the issue, or the City may take other actions.
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CITY COUNCIL NOVEMBER 10, 1987
ARROYO GRANDE, CALIFORNIA PAGE FIVE
NEIGHBORHOOD HEARINGS
Mayor Mankins referred to Planning Director Liberto-Blanck's memo of
November 4, 1987, with the defined neighborhoods, meeting schedule, and
locations. The Mayor recommended that 60 days be allowed for the meetings,
and that the meetings be once a week or every other week. He also suggested
that meetings begin at 7:30 P.M. Council Member Millis suggested holding a
Community Congress at the end of series of meetings.
Moved by Millis/Moots (5-0-0) to approve the Staff report with the recom-
mended changes and return to Council with the new schedule.
AREA PLANNING COORDINATING COUNCIL ALTERNATE APPOINTMENT - COUNTY WATER ADVISORY BOARD
Mayor Mankins said he would attend the meeting as alternate and vote. He
also appointed Council Member Porter as delegate and Council Member Johnson
as alternate to the County Water Advisory Board.
CALL FOR STUDY SESSION FOR REGIONAL SHOPPING CENTER AND TRAFFIC PLAN
Mayor Mankins said the Special Joint Meeting with the Planning Commission
will take place at 7:30 P.M. Wednesday, November 11, 1987, when the Rancho
Grande Regional Commercial Center Traffic and Development will be discussed.
ADJOURNMENT TO CLOSED SESSION ON PERSONNEL AND LITIGATION
The meeting was adjourned at 10:07 P.M. to the Closed Session.
RECONVENEMENT AND ADJOURNMENT
The Council reconvened at 11:45 P.M. and immediately adjourned on motion
of Millis/Johnson (5-0-0).
MAYOR
ATTEST:
CITY CLERK