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Minutes 1989-01-24 ........ MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 24, 1989 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met in regular session at 7:30 P.M. with Mayor Mark M. Millis presiding. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Robert Banker of Open Door Church, Oceano delivered the invocation. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. PRESENTATION OF PLAOUES OF APPRECIATION Mayor Millis presented plaques to Former Planning Commissioner Donald L. Boggess, who served from 1985 to 1989, and Former Parking and Traffic Commissioner o. F. "Pete" Noss, who served from 1985 to 1989. Jerry Takier, formerly of the Parking and Traffic Commission from 1986 to 1989, and Dr. Jack Pence, formerly of the Downtown Parking Advisory Board from 1982 to 1989, were not present to receive their plaques. PRESENTATION OF RESOLUTION Mayor Millis read a resolution honoring Gregory J. Dutra, who worked for the City for 29 years. Moved by Smith/Olsen (5-0-0, smith, Olsen, Moots, Dougall and Millis voting aye) to approve Resolution No. 2282 honoring Public Works Supervisor Gregory J. Dutra for His outstanding Service to the city. ORAL COMMUNICATIONS PETE MILLER, attorney for ottse, Inc. , developers of Rancho Grande, presented the Council with copies of the final draft of the "U. S. 101 Corridor Study." He requested that the Council join him in aSking Caltrans to examine the issue of another set of access ramps on the freeway between camino Mercado and Grand Avenue. DANE PHILLIPS of Daystar, Inc. requested information on commercial trash collection in the city. Mayor Millis said the City would look into the matter and respond. CONSENT AGENDA Moved by SmithjMoots (5-0-0) to approve Consent Agenda Items 7.a. through 7.e., with the recommended courses of action. 7a. January 10, 1989, city Council Minutes. Approved. 7.b. Liability Claim, Janice Haynes. Claim Rejected. 7. c. Progress Payment No. 1: Grand Avenue Fire Hydrant Improvements, Project No. 60-88-2. Approved. ' 7.d. Progress Payment No. 2: Excavation of Pearwood Retention Basin, Project Number 80-88-2. Approved. 7.e. 1988 Annual Report of the Arroyo Grande Police Department. Information. REGISTER OF WARRANTS Moved by Dougall/Olsen (5-0-0) to approve Cash Disbursements. 1 -. PUBLIC HEARING TO CONSIDER THE EXTENSION OF AN INTERIM URGENCY ORDINANCE EXTENDING THE PROHIBITIONS ON THE ACCEPTANCE AND CONSIDERATION OF ZONE CHANGES. LAND DIVISIONS. BUILDING PERMITS. ARCHITECTURAL REVIEW. OPTIONAL DESIGN STANDARDS. AND CONDITIONAL USE PERMITS WITHIN AREAS DESIGNATED ON THE GENERAL PLAN FOR M~DIUM- HIGH RESIDENTIAL AND/OR AREAS ZONED FOR R-3 City Manager Chris Christiansen referred to the January 24, 1989 memo of Planning Director Doreen Liberto-Blanck who recommended adoption of the Ordinance extending for ten months and fifteen days the Interim Urgency Ordinance prohibiting processing of certain medium high density and multiple family projects. Mr. Christiansen said that building permits would still be approved on remodeling and projects affecting health and safety. There were Council questions of Staff. After being assured that the Public Hearing had been duly pUblished and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. TONY MARSALEK of 536 E. Cherry Avenue and JIM MC GILLIS, surveyor for San Luis Engineering, spoke against the extension of the ordinance on the basis that the moratorium is not needed and unfair situations have been created for some property owners. JACK FAUGHT of 1125 Fair Oaks Avenue spoke in favor of the extension. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. Council Members spoke in favor of the ordinance extension and said that the City should allow no further inconsistencies with the General Plan, which is being updated at this time. Moved by Olsen/Dougall (5-0-0, Olsen, Dougall, smith, Moots and Millis voting aye) to adopt Ordinance No. 399 C.S. Extending Prohibition on an Interim Basis the Acceptance and Consideration of Zone Changes, Land Divisions, Building Permits, Architectural Review, Optional Design Standards and Conditional Use Permi ts within Areas Designated on the General Plan for Medium-High Residential (14 Dwelling Units Per Acre) and/or Areas Zoned for R- 3 (Multiple Family) Pursuant to Section 65858 of the California Government Code. PUBLIC HEARING - PARCEL MAP CASE NO. 88-468. DIVISION (REDESIGN) OF THREE LOTS TO CREATE THREE LOTS tlSING OPTIONAL DESIGN STANDARDS. TENTATIVE PARCEL MAP NO. 88-213. CROWN TERRACE (MERILEE PECK) Mr. Christiansen referred to the Planning Director's Staff Report of January 17, 1989, which said that the Planning Commission had recommended that the Council adopt a resolution approving Parcel Map No. 88-468 through the use of Optional Design Standards, adopt a negative declaration and instruct the City Clerk to file a Notice of Determination. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Millis declared the he~ring open and said all persons would be heard regarding the matter. JIM MC GILLIS of San Luis Engineering spoke for the applicant. He said Public Works Department Condition No.8. requiring a minimum right of way of 30 feet between Crown Terrace and May Street, is not necessary. He also said the city, not the applicant, should maintain the hammerhead turnaround. Residents of May Street referred to their petition presented to the Council requesting that the dead end remain at May Street, but disapproving the condition requiring the offering of an additional 30 feet of right of way for a future street. 2 " Speakers were DON MORSE of 508 May street, DWIGHT HUGHES of 513 May Street, JIM SCHOMMER of 525 May Street, CEE JAY MACEY of 525 May street and GENE DONALDSON of 538 May Street. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. There was council discussion of maintenance of the hammerhead, and the 3D-foot right of way requirement, and it was decided that the applicant should maintain the hammerhead, and the right of way should be required. Moved by Moots/Smith (5-0-0, Moots, smith, Dougall, Olsen and Millis voting aye) to adopt Resolution No. 2283 Approving Parcel Map Case No. 88-468, Crown Terrace, Under optional Design standards and Adoption of the Negative Declaration. HOOK BAMPS AT CAMINO MERCADO Mr. christiansen referred to a letter from Dick Morrow, Mayor of pismo Beach, saying his city will support Arroyo Grande's wishes with regard to U.S. 10l ramps at camino Mercado. Mayor Millis said he appreciated Pismo Beach's support in this matter. POST OFFICE CIRCULATION Council Member Dougall said that the Arroyo Grande Postmaster feels that when the rolling stock of the Post office is moved to a new location in 1990, the traffic circulation problem will be alleviated. Mayor Millis suggested that there be a mailbox located across from the present Post Office on Traffic Way, and Council Member Dougall said he would pursue the matter further. WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY CIRCULATION Mr. Christiansen said he had nothing to report at this time. S~D READlliG OF ORDINANCE AMENDING THE MUNICIPAL CODE. BY ADD~NG CH~ER 5. SENIOR ADVISORY COMMISSION TO TITLE 10. PARKS AND- RECREATION After Mr. Christiansen read the title of the proposed ordinance and further reading was dispensed with, it was moved by smith/Moots (5-0-0, Smith, Moots, Dougall, Olsen and Millis voting aye) to adopt Ordinance No. 400 C.S. Amending the Municipal Code by Adding Chapter 5, Senior Advisory Commission to Title 10 Parks and Recreation. ~ECOND READING OF ORDINANCE ADDING SECTION 4-3.20 TO THE MUNICIPAL CODE CONCERNING CITY REMOVAL OF ILLEGALLY PARKED VEHICLES After Mr. Christiansen read the title of the proposed ordinance and further reading was dispensed with, it was moved by Dougall/Moots (5-0-0, Dougall, Moots, Olsen, Smith and Millis voting aye) to adopt Ordinance No. 401 C.S. Adding Section 4-3.20 to the Municipal Code Concerning city Removal of Illegally Parked vehicles. 1389 STRAWBERRY FESTIVAL. REOUEST TO CLOSE CITY STRE~ Mr. Christiansen read the title of the proposed Resolution, and it was moved by Smith/Dougall (5-0-0, Smith, Dougall, Moots, Olsen and Millis voting aye) to approve Resolution No. 2284 Requesting Authorization to Close City Streets (Branch and Bridge Streets) . Police Chief Jim Clark said he had met with Festival Chairman John Clark to work out traffic control details. APPOINT_MENTI;; AND REAt'.POINTM1;:.NTS TO VARIoUS COMM;!.mu...QHS AND BOARQQ Mayor Millis nominated to the Planning commission and the Council approved (5-0-0) John Soto, term expires June 30, 1990; Clarke Moore, June 30, 1991; Paulette McCann, June 30, 1989, and M. P. "Pete" Gallagher, June 30, 1991- 3 Mayor Millis nominated to the Parks and Recreation commissjon and the council approved (5-0-0) Gee Gee Soto, term expires June 30, 1990; Patricia Sanger, June 30, 1991; Alex T. Woolworth, June 30, 1990; Judy Tappan, June 30, 1991, and Ernie Ped, June 30, 1990. Mayor Millis nominated to the Parking and Traffic Commission and the Council approved (5-0-0) Richard Franks, term expires June 30, 1990; Cleo silva, June 30, 1991, and Gary L. Borda, June 30, 1991. Mayor Millis nominated to the Downtown Parking Advisory Board and the council approved (5-0-0) J. Ira Hughes, term expires June 30, 1990; Belinda Vidal, June 30, 1991; Mark Clark, June 30, 1991, and Marlin Harper, June 30, 1991. rlEST READING OF ORDINANCE AMENDING THE MUNICIPAL CODE BX-ADDING ARTICLE 5 TO CHAPTER 2. TITLE 3. AND CREATING A BACKBONE TRAFF;Ig ~RCULATION IMPROVEMENT FUND AND THE MEANS TO ASSESS FEES AND ~HARGES - URGENCY ORDINANCE REGARDING IMPACT FEES FOR U.S. 101 IMPROVEMENTS Mr. Christiansen said that the Council had before it a proposed ordinance regarding the traffic circulation of the City of Arroyo Grande. He said the ordinance would impose fees computed for residential or commercial development on the basis of peak hour vehicle trips. He said the ordinance included a Traffic Fund Advisory Commission. He said a resolution was incorporated which would become effective concurrently with the ordinance. He showed Maps "A" and "B" to the council and explained the difference. There were Council questions of Staff. Mayor Millis said traffic has gotten worse since 1982, when hook ramps at Camino Mercado were first suggested. He said the fees collected would pay for this type of improvement at various locations as determined necessary. Members of the public commenting on the proposed ordinance were DAN HERRON, l3l Rosewood, transportation planner for the San Luis Obispo Area Coordinating council, who said there is a gap between the required improvements of roads and funding; PETE MILLER, attorney for the Rancho Grande developers, who said there should be a study session before an urgency ordinance is adopted, and RUSS SHAPPEL, who asked how commercial fees would be decided and spoke against an urgency ordinance. Others speaking were ED DORFMANN, 390 Platino Lane, who asked for more clarification on the ordinance, and DANE PHILLIPS, who said the City should look into cOllecting its own trash to raise money for city projects. After further Council discussion, Mr. Christiansen read the title of the proposed ordinance and it was moved by Olsen/Dougall (5-0-0) to dispense with further reading of the ordinance. Mayor Millis said that constituted the first reading of the ordinance Amending the Municipal Code by Adding Article 5, to Chapter 2, Title 3, and creating a Backbone Traffic Circulation Improvement Fund and the Means to Assess Fees and Surcharges. Mr. Christiansen read the title of the proposed Resolution, further reading was dispensed with, and it was moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to approve Resolution No. 2285 Creating Backbone Traffic Circulation Improvement Fees and Surcharges and Adopting a Backbone Traffic Improvement Circulation Map (dated January 24, 1989) and Peak Hour Traffic Fee Surcharge Area Map (dated January 3, 1989). Mr. Christiansen then took up the matter of the proposed Urgency Ordinance. He said that it would put into effect fees imposed upon the issuance of all building permits for new construction or redevelopment which would increase peak hour 4 traffic trips. He said that when the ordinance creating the Backbone Traffic Improvement Fund goes into effect, the urgency ordinance would be automatically repealed. City Attorney Art Shaw explained the necessity of the urgency ordinance and imposition of fees pending the development of the final ordinance. He said the fees would be conditional on that final ordinance. Moved by Moots/Olsen (5-0-0, Moots, Olsen, smith, Dougall and Millis voting aye) to adopt Ordinance No. 402 C.S. An Urgency Ordinance Imposing Interim Fees on Building Permits for New Construction Pending Final Effectivity of Ordinance for Backbone Traffic Circulation Improvement Fund, and Providing Credits for Any Excess Fees Collected. ZONE III CONTRACT AMENDMENT NO.3 Mr. Karp read the title of the proposed resolution, further reading was dispensed with and it was moved by Moots/Dougall (5-0- 0, Moots, Dougall, Olsen, smith and Millis voting aye) to adopt Resolution No. 2286 Approving Amendment No. 3 to the Contract Between the San Luis obispo County Flood Control and Water Conservation District Zone 3 and the City of Arroyo Grande. PARK AND RIDE LOT AGREEMENT. EXTENSION OF TWO YEARS Moved by Smith/Dougall (5-0-0) to approve the Park and Ride Agreement for two years for the lot located just south of Halcyon Road and adjacent to U.S. 101. Council Members asked Staff to look into the matter of trucks apparently parking illegally in the area. GRADING REOUEST. LOT 169. ROYAL OAKS TRACT (LINDEN SHIMIZU) Mr. Christiansen referred to his memo of January 20, 1989 and recommended that the council permit the applicant to grade Lot 169 in Royal Oaks in order to enlarge the pad to construct a ranch type home rather than a two-story home. He further recommended that the resulting retaining wall shall be no higher than four feet eight inches. He requested that if permission were granted, the Council not allow the applicant to vary any zoning or building requirements (i.e., setbacks, etc.). Council Member Moots said he would abstain from voting because of a possible conflict of interest. Council Member Olsen objected to the applicant's request, saying that there are too many changes of original wording approved by the Council in these matters. She also objected to there being more grading in the area. Council Member Smith suggested that a condition be added to the approval that the retaining wall be built immediately after the grading of the lot. Moved by Smith/Dougall (3-1-1, Smith, Dougall and Millis voting aye, Olsen voting no, and Moots abstaining) to approve Mr. Christiansen's recommendation, with the condition that the retaining wall be built immediately after the grading of the lot. WRITTEN COMMUNICATION~ Council Members took up the matter of an Emergency Item - the County Hazardous Waste Management Plan. It was decided that it was an emergency item due to the fact that the plan would automatically be approved by the City of Arroyo Grande on February 1, 1989 unless a resolution disapproving it was voted on at this meeting. Moved by Dougall/smith (5-0-0) to consider the emergency item. Mr. Christiansen read the title of the proposed resolution, further reading was dispensed with, and it was moved by 5 ~_._--~-_._-------_._.__..- ---- . . DougalljMoots (5-0-0, Dougall, Moots, Olsen, Smith and Millis voting aye) to adopt Resolution No. 2287 Disapproving the San Luis Obispo County Hazardous Waste Management Plan. ORAL COMMUNICATIONS Council Member Moots asked Staff to look into complaints about the street sweepers causing too much dust. Council Member Dougall asked about the lighting test in the Village, and Mr. Christiansen said PG&E would be notifying the City when the two-week test would ~ake place. Council Member Dougall asked about traffic on James Way, and it was explained by Staff that the Parking and Traffic Commission is now formulating a plan for the street. Mr. Karp said the commission has already approved a striping program and speed limit for the area. Mayor Millis announced his intention to appoint John Keen of 298 N. Elm Street as a member of the Parking and Traffic Commission at the meeting of February 14, 1989. ADJOURNMENT TO CLOSED SESSION The Council adjourned at 9:39 P.M. to a Closed Session on Personnel and Litigation. FINAL ADJOURNMENT The Council reconvened at 10:25 P.M. and immediately adjourned. MAYOR ATTEST: CITY CLERK