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Minutes 1999-01-26 . - CITY COUNCIL MINUTES TUESDAY, JANUARY 26,1999 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET, ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER The Honorable City Council of the City of Arroyo Grande met in regular session at 7:30 p.m, -x-Redevelopment Agency Board Meeting 2, FLAG SALUTE HE WA WIN SU DISCOVERY CAMPFIRE CLUB, ARROYO GRANDE 3, INVOCATION FATHER BUTTERS, ST. PATRICK'S CATHOLIC CHURCH, ARROYO GRANDE 4. ROLL CALL Council: lLady lFerrara ----X-Runels .lL Tolley..lLDickens Board Members: ---X-Lady lFerrara ..lLRunels ..lL Tolley lDickens ST AFF PRESENT XCity Manager, Executive Director XCity Attorney, General Counsel X City Clerk, Secretary XChief of Police XDirector of Building and Fire XDirector of Community Development XDirector of Public Works XDirector of Parks and Recreation XDirector of Financial Services, Finance Officer XSenior Consultant Engineer 5. SPECIAL PRESENT A TIONS None. 6, AGENDA REVIEW None, , ----' CITY COUNCIL MINUTES JANUARY 26,1999 . . 6,A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y Council Member Runels moved, Mayor Pro Tern Ferrara seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived, 7,A, PUBLIC HEARING TO HEAR AN APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT NO. 98-565 TO CONSTRUCT A 27.250- SQUARE FOOT COMMERCIAL/RETAIL BUILDING. 200 STATION WAY - DR. ROBERT D. ANDERSON Staff comments and recommended action: Staff recommended the Council adopt a resolution upholding the decision of the Planning Commission of December 1, 1998 and deny the application for a conditional use permit. Staff gave a history of the project and addressed the reasons the applicant listed for appealing the Planning Commission denial. Council questions of staff: There were Council questions concerning loading docks, drainage problems, the number of trees, easements, and the project meeting Code requirements, After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Lady declared the hearing open and said all persons would be heard regarding the matter. The following members of the public spoke to the Council on this matter: Gerald Weaver, Attorney for the applicant, said the sidewalk and drainage were the main issues and requested that the Council uphold the appeal with conditions stating that the applicant must meet City building standards. Tim Brown of 125 Allen Street said the City could have liability problems if it allows drainage to cross other properties. He recommended Council deny the appeal without prejudice and allow the developer to fix the problems, Mike Miner of Miner's Ace Hardware said the same problems, placement of the sidewalk, drainage, the delivery docks, and parking have existed from the beginning of the project. He said the simple fact is the project is too big and the developer had refused to reduce the size, Bill Dyer of Dyer Engineering, Grover Beach, said the drainage could go underground and his firm had been working with Caltrans on the matter. Brad Anderson, builder of the project, rebutted Mr. Miner's statements and said the project has only 25 to 27 percent coverage of the site, He said Mullahey Ford 2 CITY COUNCIL MINUTES JANUARY 26, 1999 . . has 100 percent lot coverage, no improvements, and no landscaping. He said the applicant offered to donate up to $10,000 to the City's Opticom traffic program; the CC&Rs allow drainage and parking over the other parcels in the center, and two delivery docks will be constructed, Mr, Anderson said if the building footprint were moved back to a zero property line, landscaping would be put in. When no one further came forward to speak, the Mayor closed the hearing to the floor, Council discussion: Council Members discussed the placement of the sidewalk in the project. There were concerns about encroaching on the Mullahey Ford property; the safety of pedestrians, especially school children; drainage, zero setback of the building, and parking, After considerable discussion, Council Members directed staff to meet with the developer to resolve the issues listed on Page 5 of the Staff Report. The Council said zero setback should be studied and staff should work closely with Caltrans to solve the drainage problem. With regard to the sidewalk, there was Council consensus to reconstruct the sidewalk on the west side of the street and construct the sidewalk on the east side of Station Way fronting the applicant's property, Staff was directed to return on February 23, 1999 with a resolution upholding the appeal and conditions of approval the developer must meet. 8, PUBLIC COMMENT PERIOD The following members of the public spoke to the City Council: Ernie Sarina of 435 LePoint expressed concerns for the Village and said the new WalMart Store could harm it. Tim Brown of 125 Allen Street asked the Council what the consequences would be if the developers of 5 Cities Center did not meet the conditions set by the City. He requested that the water reclamation workshop be held in the evening or on a weekend, John Pinero of 1620 Brighton Avenue, Grover Beach, said he would like a traffic signal light at Oak Park Boulevard and Brighton Avenue for pedestrian crossing. John Wysong of 1660 Brighton Avenue, Grover Beach, said it is time for the cities to cooperate and require the builders of the new RiteAid at Oak Park Boulevard and Grand Avenue to place a traffic signal light at Brighton Avenue. He also said the cities should cooperate to solve the problem of the lack of schools. 9. CONSENT AGENDA Council/Board Member Runels moved and Council/Board Member Dickens seconded the motion to approve Consent Agenda Items 9,a, through 9.g" with 3 ---.- . CITY COUNCIL MINUTES JANUARY 26,1999 . . the recommended courses of action, City Attorney/General Counsel Carmel read the title of item 9.f, Ordinance No. 501 C.S, a, Cash Disbursement Ratification b. Acceptance of Audited Annual Financial Reports c, Minutes of City Council Meetings of January 12, 1999 d. Council Appointments to Various Boards and Commissions e. Waiver of Fees - Harvest Bag, Inc, f, Adoption of an Ordinance of the City of Arroyo Grande Revising the Flood Plain Management Ordinance No. 501 C,S. g, Waiver of Fees - South County Historical Society _Voice Vote lLRolI Call Vote .An.Lady ~Ferrara ~Runels Aye Tolley ~Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed, 10, A, DATE FOR WORKSHOP ON WATER RECLAMATION PROJECTS/ISSUES Staff comments and recommendation: Staff recommended Council select a date to conduct a workshop on water reclamation projects/issues, Council questions of staff: None Council discussion: Council Members set the time and date for the workshop as 6:30 p.m. Thursday, March 11, 1999. City Manager Hunt said staff will send out a . press release and handle other notification, 11. A. REQUEST FOR SPEED HUMPS: UPPER PORTION OF NEWPORT AVENUE Staff comments and recommendation: Staff recommended Council review the homeowners' request to install speed humps on the upper portion of Newport Avenue, as recommended by the Traffic Commission, and provide direction on funding if the decision is to install the speed humps. 4 -~ --~-- CITY COUNCIL MINUTES JANUARY 26, 1999 . - Council questions of staff: Council Member Tolley asked if speed surveys had been done and Public Works Director Spagnolo said speed surveys and traffic counts had been taken, He said traffic was moving about eight miles faster than the posted speed limit and ten miles over the limit indicates a problem, The following members of the public spoke to the Council on this matter: Maggie Summers of 1470 Newport Avenue and Elizabeth Barrett of 1340 Newport Avenue gave a history of the problem, They said they had been to four Traffic Commission meetings on this matter. They used the overhead projector in their presentation, They asked that three speed humps be installed because of the growth and increasing traffic on the street. Bruce Summers of 1470 Newport Avenue said the traffic counts taken require solutions, Eric Rose of 1391 Newport Avenue asked who would be affected by the speed humps and who would pay for them, Mr. Spagnolo said the speed humps will be installed on upper Newport only, Tom Owen, 331 Tally Ho Road, member of the Traffic Commission, said it was his understanding that if the speed hump criteria is met, the City pays for the humps and if the criteria is not met, the residents pay. He suggested installing the humps as a test to see if speed could be reduced. Council discussion: Mayor Pro Tern Ferrara, Council Member Dickens, and Mayor Lady said speed humps were the best solution and would provide an opportunity to evaluate how speed humps reduce speeding, Council Members Tolley and Runels objected to the installation of speed humps, Council Member Tolley said if citations were written, it would have to be proven in court that the vehicle's speed was unsafe. He suggested a Neighborhood Traffic Watch Program be tried, Council Member Runels said a stop sign should be placed at Courtland and a motor cycle officer work in the neighborhood, Mayor Pro Tern Ferrara moved and Council Member Dickens seconded the motion that Speed Humps be installed on Newport Avenue as soon as possible and that funds for the installation come from the City's General Fund, _Voice Vote LRolI Call Vote Aye Lady Aye Ferrara No Runels 5 - CITY COUNCIL MINUTES JANUARY 26,1999 . . No Tolley Aye Dickens There being 3 A YES and 2_ NOES, the motion is hereby declared to be passed, 11.B, FINAL MAPS - APPROV AL PROCESS Staff comments and recommendations: Staff recommended the Council direct staff to prepare an ordinance designating the City Engineer as the official to approve final subdivision maps, accept offers of dedication, and enter into agreements to construct subdivision improvements. Council questions of staff: Council Members asked for clarification on the processing of the maps and if there was a potential for Council's decisions to be circumvented. Public Works Director Spagnolo said the City Engineer is responsible to enforce the conditions of approval. City Manager Hunt said there would be an appeal process also, Council Member Tolley moved and Mayor Pro Tern Ferrara seconded the motion to approve the staff recommendation. X Voice Vote Roll Call Vote Aye Lady Aye Ferrara Aye Runels Aye Tolley Aye Dickens There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 12, CITY COUNCIL REPORTS This item gave the Mayor and Council Members the opportunity to present reports to the other members regarding committees, commissions, boards, or special projects on which they participated. (a) MAYOR MICHAEL A. LADY (1) South San Luis Obispo County Sanitation District - Mid-Year budget review is set to begin soon. (2) City Select Committee - John Brown was elected chair and Allen Settle, vice chair~ (b) MAYOR PRO TEM TONY M, FERRARA (1 ) Integrated Waste Management Authority Board - the City of Arroyo 6 CITY COUNCIL MINUTES JANUARY 26, 1999 . . Grande was last on the Recycling Diversion Rate list, Jurisdictions are participating in demonstrations of an electric vehicle. (2) Economic Vitality Corporation No Report, (3) Air Pollution Control Board No Report, (c) COUNCIL MEMBER THOMAS A, RUNELS (1) Zone 3 Water Advisory Board - Discussion of the County buying out the State's portion of the Davis-Grunsky Recreation Bond. Water quality is good. Lopez Lake is 73 percent full, Water has been lost at the rate of 2,000 gallons per minute due to a flow restl:'iction. (2) County Water Resources Advisory Committee - Officers were elected, The Area Water Planning meetings will begin in the near future, (e) COUNCIL MEMBER STEVE TOLLEY (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit Authority - An orientation meeting was held and appointments made. Council Member Tolley met with Council of Governments staff to discuss issues concerning Arroyo Grande and the South County, (2) South County Youth Coalition - The final Youth Master Plan document will be finished in two or three weeks, (3) Long-Range Planning Committee - Citizens returned 1,300 Long Range Planning Update Citizen Surveys. In order to protect the survey's credibility, the Committee will meet and decide how to use the survey results before statistics and numbers are discussed with the public. (4) League of California Cities Safety Committee - Booking fees may be in jeopardy again, There are openings on the LOCC policy committees. (f) COUNCIL MEMBER JIM DICKENS (1) South County Area Transit - Coastal Cruiser has new, easier to use schedules, The service of the trolley will be surveyed and evaluated. (2) Economic Development Committee/Chamber No Report, 7 CITY COUNCIL MINUTES JANUARY 26, 1999 . . Mayor Pro Tern Ferrara said he attended a conference in Sacramento and learned there is Federal grant money available for transportation systems. Council Member Tolley said he would investigate the matter at his SLOCOG meeting. 13, COUNCIL/BOARD COMMUNICATIONS Council Member Dickens invited the Council and public to an Arroyo Grande Valley Agricultural Lands Conservation Workshop, sponsored by the California Department of Conservation and the Coastal San Luis Resource Conservation District, from 5:30 to 9:00 p,m, Monday, February 22,1999, at the Community Center/Woman's Club, 211 Vernon Street. Mayor Lady said he would be giving the State of the City speech Thursday noon, January 2Sth,'at the Chamber of Commerce meeting, . 14, STAFF COMMUNICATIONS None, 15, ADJOURNMENT Council/Board Member Runels moved, Council/Board Member Tolley seconded, and the motion passed unanimously to adjourn the meeting, Time: 10:45 p,m. ~U:'__h___ a.~ CITY CLERK, SECRETARY 8 '-