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Home My WebLink AboutMinutes 1994-07-12MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 12, 1994 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council of the City of Arroyo Grande met at 7:30 P.M., with Mayor Matthew Peter Gallagher, III, presiding. 1 AND 2 FLAG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flaq, and City Manager Chris Christiansen delivered the invocation. 3. ROLL CALL Present with Mayor Gallagher were Council Members Drew Brandy, Bernard Burke, Michael Lady and James Souza. Staff Members present were City Manager Chris Christiansen, City Attorney Roger Lyon, City Clerk Nancy Davis, Current Planner Scott Spierling and Acting City Engineer John Wallace. 4 ORAL COMMUNICATIONS JAMES YACONO of 153 Tally Ho Road asked the City Council to issue a proclamation against the maintenance assessment district being proposed by Lucia Mar Unified School District. lie said the School District should not be doing this, in light of the depressed economic condition of this area. 5.PRESENTATION OF PLAQUES OF APPRECIATION TO MAUREEN REILLY,. FORMER PLANNING COMMISSIONER AND JUDY TAPPAN FORMER PARKS ANU RECREATION COMMISSIONER Mayor Gallagher presented proclamations on plaques to Ms. Reilly and Ms. Tappan and thanked them for their service to the City. 6 CONSENT AGENDA It was moved by Burke/Lady, and the motion passed unanimously to approve Consent Agenda Items 6.a. through 6.d., with the recommended courses of action. 6.a. July 6, 1994, Senior Advisory Commission Minutes. Information. 6.b. June, 1994, Investment Report. Information. 6.c. Second Quarter, 1994, Sales Tax Revenue Report. Information. 6.d. Update on Use of Community Development Block Grant (CDBG) Funds. Information. 1 329 CITY COUNCIL MINUTES JULY 12, 1994 7. REGISTER OF CHECKS It was moved by Burke/Souza, and the motion passed unanimously to approve Cash Disbursements in the amount of $344,405.22, as listed in the July 6, 1994, Staff Report of Finance Director Dave Bacon. $.A. PUBLIC HEARING - APPEAL OF PUBLIC WORKS DEPARTMENT CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT CASE 94=150� CONVERSION OF AN EXISTING CHAPEL AND OFFICE TO A KINDERGARTEN AND PLAY AREA: ST PATRICK'S SCHOOL• 900 WEST BRANCH STREET REPRESENTATIVE• RAYMOND J. BURNEI PRINCIPAL Mayor Gallagher said he may have a conflict of interest In this matter and left the room. Mayor Pro Tem Souza presided. Mr. Christiansen said St. Patrick's was appealing a condition of Public Works regarding curb, gutter and sidewa:Lk that is mandated by the City code. fie said the Circulation Element of the City's General Plan promotes the installation of sidewalks, curbs and gutters and in relation to that, the Development Code, in order to be consistent with the General_ Plan, requires the same. He said several months ago, the Council heard an appeal from St. Patrick's on the same subject and uphel.ct the appeal. He said the Planning Commission recommended that the $95.00 appeal fee be waived. Mr. Spierling referred to the July 12, 1994, Staff.Report of the Planning Director, and to the school's conversion plans that he posted on the wall. He said the Planning Commission had recommended that the Council deny the appeal, but waive the $95.00 appeal fee. Mr. Wallace explained that there was a City agreement with St. Patrick's School when a modular classroom was added last year. He said the agreement was to postpone installation of curb, gutter and sidewalk until within 90 days after the Council accepts construction of West Branch Street in conformance with the ultimate geometric between the Brisco Road intersection and Tract 604, including curb, gutter and sidewalk on the West Branch Street frontage of Rancho Grande. He recommended that the agreement be re -written to clarify the triggering event for installation of curbs, gutters and sidewalks. After Council questions of Staff and being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Pro Tem Souza declared the hearing open. RAY BURNELL, St. Patrick's principal, referred to his statement on the appeal and said the kindergarten would not be adding significantly to the number of children walking on the 2 330, CITY COUNCIL MINUTES JULY 12, 1994 West Branch Street frontage. He added that the school already has the agreement with the City to install curbs, gutters and sidewalks when neighboring properties develop. When no one further came forward to speak, Mayor Pro Tem Souza closed the hearing to the floor. Council Members discussed whether to re -write last year's agreement or write a new agreement. City Attorney Lyon said if the Council did not wish to change the "trigger" for curb, gutter and sidewalk installation, a new agreement would be redundant and was not needed. Mr. Burnell said the school needed the 90-day trigger in order to raise funds for the installation. After more discussion, the Council decided to uphold the appeal and waive the $95.00 appeal fee. It was moved by Brandy/Burke (4-0-1, Brandy, Burke, Lady and Souza voting aye, Gallagher absent) to approve Resolution No. 3038 Upholding the Appeal to Delete Conditions of Approval No. 9 and 10 of Conditional Use Permit No. 94-518; 900 West Branch Street (St. Patrick's Catholic School). It was moved by Brandy/Lady, and the motion passed unanimously to waive the $95.00 appeal fee for St. Patrick's School. Mayor Gallagher returned to the dais. 8. B. PUBLIC HEARING - APPEAL OF PUBLIC WOKS C-Q-RQ1T ON O— 5. REQUIRING THAT THE APPLICANT OFFER FOR DEDICATION A STRIP ALMS THE PROJECT FRONTAGE FOR ROADWAY WIDENING THAT SHALL PROVIDE A RIGHT OF WAY WIDTH OF 48 FEET FROM THE STREET CENTERLINE.-YER TIE APPROVED CITY PLANS: LOT MERGER CASE NO. 94-518; CHEVRON PRODUCTS USA: 251 GRAND_ AVENUE: REPRESENTATIVE: JAMES A FORGEY ROBERT H. LEE AND ASSOCIATES, INC. Mr. Christiansen said the applicant was appealing the requirement for the dedication of a 10-foot wide strip along Grand Avenue for future roadway widening. He said due to recent court action, the City Attorney recommended that this condition be deleted. He referred to a memorandum from John Soto on behalf of the Planning Commission recommending that the Council consider eliminating the dedication requirement because it is such a minor project. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the hearing open. 331 CITY COUNCIL MINUTES JULY 12, 1994 LEROY SARUWATARI, owner of the station property, referred to his July 4, 1994, letter to the Council that said it is not appropriate for the City to use the permit process to require the ten foot frontage. GARY KOUNANIS, operator of the station, said the owners of the property have no reason to accept the dedication, and it would put him out of business. When no one further came forward to speak, Mayor Gallagher. closed the hearing to the floor. It was moved by Souza/Burke (5-0-0, Souza, Burke, Brandy, Lady and Gallagher voting aye) to approve Resolution No. 3039 Deleting Public Works Condition of Approval No. 5 Placed on Lot Merger Case No. 94-518 on the Chevron Products USA Project Located at 251 Grand Avenue. 9. WRI EN COMMUNICATIONS Mayor Gallagher referred to a Planning Commission letter of support for the -"Urban Design Study for the Village of Arroyo Grande," prepared by Cal Poly Planning Department Students, who are competing for a Cal Chapter Award. He requested a letter of support be written from the Council also. 10. ORAL COMMUNICATIONS None. 11. CLOSED SES� ION It was moved by Brandy/Burke, and the motion passed unanimously to adjourn at 8:17 P.M. to a Closed Session on the following: (a) Conference with Labor Negotiator: Government Code Section 54957.6 Agency Negotiator: Chris Christiansen, City Manager Employee Organizations: Service Employees International Union and Arroyo Grande Police Officers' Association (b) Pending Litigation: Government Code Section 54956.9(a) Mack vs. City of Arroyo Grande 4 332. CITY COUNCIL MINUTES JULY 12, 1994 12. ADJOURNMENT The Council reconvened at 8:50 P.M. and immediately adjourned on the unanimously approved motion of Souza/Lady. ATTEST: 5