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Minutes 1987-08-11 . 333 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 11, 1987 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Counc il met in regu 1 ar sess i on at 7: 30 P. M. with Mayor Howard Mank i ns pres i di ng. Present were Council Members Dorace Johnson, Mark M. Gene Moots and D. G. Porter. Absent was Council Member Mark M. Millis. FLAG SALUTE AND INVOCATION Mayor Mankins led the Pledge of Allegiance to our Flag, and the Rev. 1 David Arnold of Grace Bible Church delivered the invocation. PUBLIC APPEARANCES None. CONSENT AGENDA Moved by Johnson/Moots (4-0-1, Mi 11 is absent) to approve a 11 Consent Agenda items with the recommended courses of action, except C.3, C.8 and C.g. , C.l. City Council Minutes of July 28 and 29, 1987. Approved. C.2. Long Range Planning Ad Hoc Committee Minutes of July 29, 1987. Approved. C.4. Monthly Investment Report. Information. C.5. Parks and Recreation Department Progress Report. Information. C.6. Award of Bids. Low Bids accepted. a. Fire Mini-Pickup b. Parks and Recreation Mini-Pickup c. Engineering Black Line Printer d. Building Inspection Vehicle e. Water Mid-Size Pickup f. Sewer Long-Bed Pickup 9. Central Services Pool Car h. Streets Dump Truck C.7. Grand Avenue/Courtland Street Traffic Signal Progress Report. Payment approved. C.C. FILE 11-11-6 C.l0. Paulding Final Tract No. 1246 Approval. Approved. C.C.FILE 6-14-88 C.9. 1216 Huasna Road City Water Request. MR. AND MRS. HENRY ALEXANDER, owners of property outside of the City at 1216 Huasna Road, requested water service by the City on the basis of 1) neighbors on both sides are served water by the City, and 2) their own well water is of extremely bad quality. Public Works Director Paul Karp referred to his memo of August 4, 1987, and explained that there is a City maintained water main on the frontage of the Alexander property. He said it is City policy not to serve people - . beyond the City limits, and that the neighbors were first served many years ago before the policy was established. There were Council questions about the Alexanders' well; the household . use only of any water furnished; the future policy if the land should be sold and split; whether there would be enough City water in the future, and the water fee to charge for out-of-City service. Moved by Johnson/Porter (4-0-1, Mi1li s. absent) to estab 1 i sh a commi ttee made up of Council Members Johnson and Porter, City Attorney Art Shaw and Mr. Karp to research a policy and report back to the Council in two weeks. C.3. Chamber of Commerce Agreement with City. C.C.FILE 1-3-26 Council Member Porter said he saw apparently conflicting reports as to what the Chamber of COlMlerce/City agreement wi 11 contain. JIM MCGILLIS, president of the Chamber, said because of funding cuts, the Chamber would not be able to perform some tasks previously done. _ _ ._u._.~_ _____,,_.______~. -_____ - -------.-..-.-- -- -. - -- -_._-~ _.---- --- ..- .----.-- -..-. - ~_. --~---_._._.._-_..._----_.. 334 C!TY COUNC IL AUGUST 11, 1987 ARROYO GRANOE, CALIFORNIA PAGE TWO C.3. Chamber of Commerce Agreement Item Continued Mayor Mankins said the City and the Chamber of Commerce do not need an agreement, and that the City funds should be allocated on the basis that these are sound business people. Council Members and Mr. McGillis agreed that no agreement was necessary. No action was taken on the item. C.8. 741 Printz Road Septic Tank Installation Request.C.C.FILE 10-1-25 Council Member Porter said there should be enforcement of the ordinance requiring that homes within 250 feet of a sewer line hook up with that line. Mr. Karp said he has a list of citizens who will be contacted on this matter. Moved by Porter/Moots (4-0-1, Millis absent) to approve Item C.8., 741 Printz Road Septic Tank Installation Request. Public Hearing APPEAL OF PLANNING COMMISSION'S OENIAL OF 232 JAMES WAY REZONING REQUEST FROM RA-B2 TO RA-B1, EDWARD CHADWELL C.C.FILE 6-15-82 Mr. Karp referred to the July 8, 1987, memo of Acting Planning Director Ned Rogoway. He said that according to the memo Mr. Rogoway had recommended the Council deny the appeal. He reminded the Council that three Citizens had spoken against the rezoning at the meeting of July 28, 1987. Mayor Mankins welcomed County Supervisor Jim Johnson to the meeting. Mayor Mankins opened the Public Hearing. STAN EISNER of 7434 Auburn Oaks Blvd., Citrus Heights, represented the applicants at the hearing. He said the rezoning should be approved on the basis that while the area is zoned RA-B2, it is substantially divided into lots that do not meet the minimum zoning size in the ordinance. COUNCIL MEMBER MILLIS ENTERED THE MEETING AT 8:10 P.M. Mr. Eisner said the Lauthbury lot at the corner of James Way and Tally Ho Road had been granted a zone change and lot split, and he did not see why his clients should be held to a 20,000 square foot minimum lot size. He requested that the three transparencies of the area, shown on the overhead projector, be entered into the record as Exhibits "A," "B" and "C." Moved by Millis/Johnson (5-0-0) to approve Mr. Eisner's request. There were Council questions concerning the Harold Lee property, the size of properties across the street and on the same side as the applicants; the configuration of the proposed lots on the applicants' property, and the reason for allowing the Lauthbury property to be rezoned. Speaking against the rezoning on the basis of lot size consistancy of approximately 20,000 square feet in the neighborhood; the Lauthbury rezoning having been allowed only because the owners were required to give right of way to the City, and potential traffic problems, were BILL WEITKAMP of 251 James Way; SALLY WEITKAMP; MIKE CAFARCHIA of 241 James Way, and ADELLE HALL of 244 James Way. Mayor Mankins closed the public portion of the hearing. Council Member Millis asked Mr. Shaw if there would be any problem with his participating in the discussion and voting on this agenda item because of his late arrival. Mr. Shaw said there would be no problem. Mayor Mankins asked Mr. Eisner if he saw a problem, and he said no. After Council discussion, it was moved by Moots/Johnson (5-0-0) to deny the appeal and uphold the Planning Commission denial of a request for rezoning from RA-B2 to RA-B1. __~.___.__.__~.__...._______ __.._.... ______..._.. __~___._______.___.___~_.__._.__________._.__._____ .'.____n_____...,'O _ __ _ __________ ,--,__""0--- -_._~----_.- . 335 CITY COUNCIL AUGUST 11, 1987 ARROYO GRANDE, CALIFORNIA PAGE THREE Public Hearing APPLAL OF PLANNING COMMISSION'S APPROVAL OF TRACT 555, UNIT 5, OAKCREST ESTATES IKEDA ENTERPRISES C.C.FILE 6-3-80 Mr. Karp referred to his June 26, 1987, memo to Mr. Rogoway. He also referred to an August 4, 1987, memo from Mr. Rogoway to the Mayor and City Council. He said he and Mr. Rogoway recommended that the appeal based upon reimbursement to affected property owners be rejected, and the appeal be denied on the grounds that no reimbursement agreement was executed. Mayor Mankins opened the Public Hearing. MR. MCGILLIS of San Luis Engineering represented Ikeda Enterprises and asked the Council for reimbursement of previously constructed drainage . improvements. He said that the State Subdivision Map Act allows for reimbursement when upstream development comes on line and there has been a requirement to oversize downstream drainage facilities. He said that a drainage line in the Ikeda Sunny Gardens development had to be enlarged to 60 inches. He said that the Ikeda development does not add one drop of water to this drainage line; it is simply to accommodate future development across the street. He said that future development increasing runoff would overburden a 48 inch line extending from the culvert of the same diameter. He said the total cost of the oversized line was $32,000, but that the Ikedas were asking only for what the law allows, the difference in cost between the 48 inch and 60 inch line. JIM GARING of Garing Taylor and As$ociates represented developer Ed Dorfman, whose Oakcrest Estates are located upstream from the Ikeda development. He said it is absolutely clear that no arrangements were made at the time the Ikeda development went in for a subdivision agreement on reimbursement. He said that the natural drainage structure on the Ikeda property was a 14 foot deep ditch that would have carried any and all waters. He said if there was an attempt to assess property owners for reimbursement, there is a 180 acre basin to consider. He said Mr. Dorfman's assessment would only amount to approximately $360 of a total $5 or $6 thousand. He said this would be more trouble than it would be worth. There were questions from the Council concerning the selection of 60 inches as the size of the drainage line, and whether or not the line lNas oversized. KAZUO IKEDA, developer of Sunny Gardens, said the City Public Works Director required the enlargement of the pipe to 60 inches to accommodate future development. He said he didn't know anything about reimbursement at the time of the development. He said when the 60 inch line was finished, he realized it would serve the other side of Lopez Road. There were further Council questions about where the drainage waters come from. Mr. Garing showed the drainage on a map to the Council. Mayor Mankins referred to an August 4, 1987, letter from Mr. Dorfman '- to the Council protesting the appeal. Council Members discussed whether or not even the 60 inch line will be big enough, and whether or not it was actually oversized. There was Council concern about setting a precedent. Mr. Shaw said the point of reimbursement is that it should be done at the time of the subdivision. He said it should be shown how to apportion the monies among the upstream properties at that time. Mr. Garing said the State law requires the City Council to choose to pass an ordinance for reimbursement. Council Member Porter said the Staff needs to find out if the 60 inch line is oversized or not and then come back to the Council. Mr. Shaw said a decision should be made so that the Dorfman Tract will ~ot be delayed. __"_U ___ _____. _ ___d ______ _ _ _._._.u__~.__. ____._.___.___~_..._____..__.___. __ _____H _ ___~__..___ 336- AUGUST 11, 1987 , CITY CDUNC I L ARROYO GRANDE, CALIFORNIA PAGE FOUR APPEAL BY IKEDA ENTERPRISES Continued from Page Three After more Council and Staff discussion, it was moved by Millis/Moots (3-1-1, Millis, Moots and Mankins voting aye, Porter voting no, and Johnson abstaining) to deny the appeal on grounds that no reimbursement agreement was executed. Council Member Johnson asked if the possibility of the parties sitting down and talking about an agreement had been eliminated. Council Member Millis said he was concerned about the time factor. Publ ic Hearing GRAND AVENUE TRAFFIC AND PARKING FROM HALCYON ROAD TO U.S. 101 Mr. Karp referred to his memo of August 4, 1987, and recommend~d . that the Council maintain Resolution No. 1546, which has fewer restrlctlons than the one recently repealed by the Council. After Council discussion, it was decided not to consider parking on a piecemeal basis and that this agenda item and Mr. Karp's recommendation be brought back to the Council with the rest of the package. THE COUNCIL RECESSED FROM 9:50 to 10:00 P.M. CHAMBER OF COMMERCE REQUEST TO USE PUBLIC PROPERTY FOR BENCH ADVERTISING AND TO WAIVE ALL ZONING AND SIGN RESTRICTIONS. MR. MCGILLIS, Chamber president, asked the Council for approval of the bench advertising fund-raising program. He said the bench makers would have an insurance policy which would have a "hold-harmless" clause for the City. He said there would be no ,liquor or tobacco ads on the benches. He said the bench advertising would be in good taste and benches would be kept in good repair and free of graffiti. PHYLLIS SCHUH of 115 Rosewood spoke against the proposal. Her concerns included graffiti, esthetics, and that benches with advertising are not in keeping with a small rural community. Mr. McGillis said the Chamber sees the benches as a service to the Community and the permit could be revoked if they become an eyesore. He said there could be a trial period of 15 to 30 days. After Council discussion, it was moved by Johnson/Millis (4-0-1, Moots abstained) to grant the Chamber request and to work out an agreement with the City Attorney that would include a "hold harmless" clause, a periodic Council review, a 15 day revocable clause, a certain number of benches specified, and Staff review of bench locations. ST. BARNABAS EPISCOPAL CHURCH APPEAL TO WAIVE TENTATIVE TRACT MAP 1513 CURB, GUTTER AND SIDEWALK RE~UIREMENTS C.C.FILE 6-14-106 KIRBY GORDON of 401 In io Drive represented St. Barnabas Episcopal Church and referred to his letter to the Council of July 17, 1987. He asked that the letter be accepted into the record as Exhibit "A." He asked the Council to reconsider Item 6 under "Streets" in the Conditions of Tentative Tract Map 1513 approved by the Council June g, 1987. He said the recunsideration should be based on feasibility and legality. He said curbs, gutters and sidewalks were not part of the Public Hearing and there was no public input on this requirement. He said it was excessive dedication of land, and violates the Subdivision Map Act as the area is outside of the subdivision. He said the condition is not feasible because slopes are too steep and cutting into the landsides is required. Mr. Karp said there are similar sidewalks on Brisco Road. Mr. Gordon said yes, but at a tremendous expense. He asked who will get agreements from landowners to do it. He said the Supreme Court ruled that privdte property cannot be taken for public use, and dedications have to be f!asonable and not excessive. He said if the City wants curbs, gutters and sidnlalks it should have an assessment district. Council Members Millis and Johnson said that Tract Map Approval with Conditions is an agreement, and that if the developer wants to change the --~---_. ------- ---_..'. ~ - -----.-- .~---_._----- _._ ___n___"'___ ... ._____.__~________ __.no _________"___'_'__..__ "- -.---'. --- -_. -----.-.- ---------. ______'.._.._...__n ,----- . 337 CITV COUNCIL AUGUST 11, 1987 ARROYO GRANDE, CALIFORNIA PAGE FIVE ST. BARNABAS EPISCOPAL CHURCH APPEAL Continued from Page Four agreement, they may want to vote again on the Tract Map. Mr. Shaw said a public hearing should be set to reconsider whether a condition is related to a development. There was Council discussion on this point, and Mr. Gordon said at this time he would object to a new public hearing until he can poll the vestrymen of the church. Mr. Shaw said he would recommend getting St. Barnabas approval to open a public hearing. Mayor Mankins asked if the six foot sidewalk, curb and gutter size could be changed because of economic feasibil Hy. MARIE CATTOIR of 195 Orchid Lane said if a new public hearing was held she would like the Council to reconsider designating a street as a co 11 ector. She said smaller properties would lose too much land for the street. Moved by Millis/Johnson (5-0-0) to deny the appeal to waive Tentative Tract Map 1513 curb, gutter and sidewalk requirements. Counc i 1 Member Millis said the vote does not preclude the church from asking to reopen the public hearing. MARVO~ 1071 FARROLL ROADS LOT SPLIT CASE 86-423 AND PARCEL MAP AG 85-383 APPROVALS L.L.FILt 6-12-2 Mr. Karp referred to his memo of August 4, 1987, and recommended that the City Council accept on behalf of the public the water rights and the offer of dedication for street tree easement shown on the map; find that Parcel Map AG 85-383 is consistent with the tentative map conditionally approved by the City Council and found to be consistent with the General Plan; find that the required improvements are necessary prerequisites to the orderly development of the community, and approve Parcel Map AG 85- 383. Moved by Moots/Johnson (5-0-0) to approve the recommendations of Staff. ADJOURNMENT The City Council meeting was adjourned at 10:50 P.M. ~'b. ~~..~ MAYOR ATTEST: ~1 a. HJn~ -- --. C lTV CLERK .,-.-----. ---~_._~---_.__. - -- ------