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Minutes 1987-07-14 ,- MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 14, 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 and Gene Moots. Absent was Council Member D. G. Porter. FLAG SALUTE AND INVOCATION Mayor Mankins led the Pledge of Allegiance to our Flag, and Council Member Johnson delivered the invocation. PUBLIC APPEARANCES KIRBY GORDON of 401 Indio Drive, Pismo Beach, attorney for the developer of Tract 1513, objected to a condition placed upon the project that the developer would make sidewalk, curb and gutter improvements on South Traffic Way. He asked to meet with City Staff for discussion and to be on the next Council agenda to present his views. BILL MCCANN of 575 Crown Hill requested that the City make a greater effort to notify the newspaper before deadline time of the items which will be on the meeting agendas. CONSENT AGENDA. Mayor Mankins asked if it was necessary for the Council to name a representative at this time to the Joint Powers Agreement for the South County Data Processing Cooperative. City Manager Robert Mack said no. The City Clerk made a correction to the minutes of June 16, 1987, on Page 2, Paragraph 1, which should read, "Mr. Keisler said he is working with Mr. Foote on the Landmark Tree Program, and the two oak groves are being accepted as Landmark Groves. He said lots which are a part of the Oak preserve should have grading, tree removal, and pruning restrictions on each individual deed approved by the City of Arroyo Grande. Mr. Karp said the Oak Tree Preservation Easements will be on the final map of each lot before recording." Moved by Millis/Johnson (4-0-1, Porter absent) to approve the Consent Agenda items 1 through 6 and 8 through 14 with correction to the minutes of June 16, 1987. Item 7 "Notice of Negative Environmental Impact Declaration Proposed Rancho Grande Park at James Way & Avenida de Diamente" was deferred to the end of the agenda on request of Mr. Mack. C.l. City Council Minutes of June 16, 23 and 24, 1987. Approved. C.2. Long Range Ad Hoc Committee Minutes of June 17, 1987. Information. C.3. Quarterly Sales Tax Report. Information. C.4. Revenue Projections, 1987/88 - 1991/92. Information. C.5. Monthly Investment Report. Information. C.6. Second Quarter Departmental Report. Information. C.8. Parks and Recreation Month Proclamation. Proclaimed. C.9. Liability Claim, Roy Kearsley. Denial to be Sent. C.l0. Joint Powers Agreement for South County Data Processing Cooperative Agreement. Approved and signature authorized. C.ll. Award of Bids on Police Motor Scooter, Police Guns and Holsters, Police Computers and Parks Landscape Maintenance. Acceptance of Low Bids recommended. - CITY COUNCIL JULY 14, 1987 ARROYO GRANDE, CALIFORNIA PAGE TWO CONCENT AGENDA Continued from Page 1 C.12. Authorization to Waive Bidding Procedure and Purchase Fire Communications. Authorized. C.13. Acceptance of Water Line Easement, 1111 El Camino Real, Brisco. Accepted. C.C.FILE 9-4-36 C.14. Contract Planner Temporary Employment Agreement Extension. Authorized. Public Hearings APPEAL OF PLANNING COMMISSION'S DENIAL OF 232 JAMES WAY REZONING REQUEST FROM RA-B2 to RA-B1, EDWARD CHADWELL On request from the applicant, the Public Hearing was continued to the meeting of July 28, 1987, on motion of Millis/Johnson (4-0-1, Porter Absent). PROPOSED USE PERMIT FOR HOME/OFFICE DECORATING BUSINESSES, WAREHOUSE AND COMMERCIAL STRUCTURE AT 1450 W. BRANCH STREET, OAK PARK ACRES PLANNED DEVELOPMENT DISTRICT, USE PERMIT NO. 87-423, BONITA AMERICAN CORP. C.C.FILE 6-10-14 Mr. Rogoway referred to his memo of July 8, 1987. He said Bonita American Corporation has proposed a large commercial building on West Branch Street near Camino Mercado. He said the building will be constructed at different levels on a sloping lot, and parking will be located on the north and south sides. He listed Staff Advisory Committee recommended conditions, and said the Planning Commission recommends approval of the Conditional Use Permit subject to the conditions. There were Council questions of Staff covering the areas of adequate fire mains, the widening of West Branch Street, landscaping of the hillside behind the building, type and adequacy of parking, a 24 foot unobstructed fire equipment access lane, and height of the building. The Mayor opened the public portion of the Hearing. JACK GHORMLEY, president of Bonita American, said the building will be 15 feet from the existing curb face, the plan for 50 parking spaces is adequate, the landscaping plan will be prepared for approval by the City, and Bonita American should not be required to widen West Branch Street. There was a discussion of widening West Branch Street in the future. Mr. Karp said four lanes could be accommodated if necessary. Mr. Ghormley said he would be willing to dedicate the additional feet at the front of the property for a future widening of West Branch Street. The Mayor closed the public portion of the Hearing. Mayor Mankins said he was concerned about the height of the building, but understood that would be covered in the grading permit issuance. Council Member Johnson stressed the importance of landscaping the rear of the building. Mr. Rogoway said an Environmental Review had been done on this project and the Negative Declaration should be a part of the motion. Moved by Millis/Johnson (4-0-1, Porter Absent) to approve Use Permit Case No. 87-423 and Architectural Review Case No. 87-388, Bonita American Corp., with the five conditions recommended by the Staff Advisory Board, and a sixth Condition imposed by the City Council to include acceptance of the applicant's offer of dedication of five feet of land for future widening of West Branch Street, and approval of a Negative Environmental Impact Declaration. Council Member Millis commended Bonita American for the high quality of construction done in the City. CITY COUNCIL JULY 14, 1987 ARROYO GRANOE, CALIFORNIA PAGE THREE Public Hearing PROPOSEO ZONING AMENOMENT TO OROINANCE NO. 140 C.S., ANO ENVIRONMENTAL OETERMINATION, OAK PARK ACRES, LOTS 5 ANO 6, WITHIN PLANNED DEVELOPMENT DISTRICT, REZONING CASE NO. 87-198, ROBERT D. MANNING.C.C.FILE 6-15-80 Mr. Rogoway referred to his memo of July 8, 1987, and said Dr. Robert Manning has requested an amendment to the Planned Development Zone, Parcel 5, Oak Park Acres development for the purposes of expanding the list of uses permitted on the property. He said the Planning Commission has recommended Council approval of the project with the list of uses permitted under Ordinance 140 C.S. applying to Lot 5 expanded to include the uses listed for Parcel 5, except for the word "etc.", and the uses listed for Parcel 6 as listed in Mr. Rogoway's memo. Mr. Rogoway asked the Council to address the change of zone and list of uses. There were Council questions about additional traffic, and the proposed adding of commercial uses to business and office uses. The Mayor opened the Public Hearing. BILL SOMMERMEYER, civil engineer representing the applicant, discussed the design of the project. Council Members expressed concerns about a fire lane through the property. Fire Chief Doug Hamp said the design would have to be adjusted for 24 feet clearance. Grading, the parking underneath the building, and the proposed curb cuts on Oak Park Blvd. were discussed. Mr. Mack said Arroyo Grande has an agreement with the City of Pismo Beach that there will be no curb cuts on that section of Oak Park Blvd. BILL TAPPAN of 1525 Chilton spoke agains~ the zone change. The Mayor closed the public portion of the hearing. After further discussion, it was moved by Millis/Moots (4-0-1, Porter absent) to deny the amendment to Ordinance No. 140 C.S. on the basis of increased traffic, inadequate fire access, and the curb cuts proposed on Oak Park Blvd. TRAFFIC WAY PRELIMINARY DESIGN PRESENTATION AND FINAL DESIGN CONTRACT C.C.FILE 11-5-26 Mr. Mack referred to his memo of July 10, 1987, and said that after hearing from Omni-Means, Ltd. representatives on preliminary design work for the project, the Council could consider approving the final design contract. ROBERT HAMMAR, project director, reviewed the history of the project and said individual meetings had been held with property owners. DALE DORR, landscape architect, made a slide presentation showing the proposed streetscape. There were Council questions about lighting, sidewalk and crosswalk materials, communication between Omni-Means and the City and property owners, the placement of trees on the street, and traffic in front of Grace Bible Church. ED Mullahey of Christianson Chevrolet said the businesses on Traffic Way should not be blocked by trees, and urged the speedy completion of the project. MARIE CATTOIR of 195 Orchid Lane had questions concerning location of landscaping elements, and return of right of way. Mr. Hammar said the curb line would be evenly alligned, improvements will be uniform and there will be 6 or 8 foot sidewalks. Mr. Karp said Staff has recommended City abandonment of any excess right of way - C!TY COllNC IL JULY 14, 1987 ARROYO GRANDE, CALIFORNIA PAGE FOUR TRAFFIC WAY PROJECT Continued from Page 3 way after construction is completed. Councn Members discussed the monument signs at the ends of Traffic Way, and directed designers to eliminate the sign at Traffic Way and Branch Street because it was not located at a City limits. Moved by Johnson/Moots (4-0-1, Porter absent) to authorize the Mayor to sign the Final Design Agreement with Omni-Means, Ltd. ROYAL OAKS DEVELOPMENT C.C.FILE 6-14-105 Moved by Mi 11 i s/ Johnson ( 4-0-1, Mi 11 is, Johnson, Moots and Manki ns voting aye and Porter absent) to adopt Ordinance No. 356 Amending Ordinance No. 355 C.S., Section 2, Sub-paragraph 14, Relating to Design, Construction and Use of Lot A and Via La Barranca Drainage System in Royal Oaks Estates Residential Subdivision. Moved by Millis/Johnson (4-0-1, Millis, Johnson, Moots and Mankins voting aye and Porter absent) to dispense with further reading of a proposed ordinance amending Ordinance No. 355 C.S. Section 2, Sub-Parpagraph 14B, Amending Lot A and Lots 34 Through 40 Lot Lines, in Royal Oaks Estates Residential Subdivision. Mayor Mankins said that constituted the first reading of the proposed ordinance. THE COUNCIL RECESSED FROM 9:15 TO 9:24 P.M. RANCHO GRANDE PARK SITE DESIGN AUTHORIZATION C.C.FILE 9-11-17 Mr. Mack referredfo his memo of June 29, 1987, and recommended Uldt the Council Buthorize City staff to proceed with park site design. He said the 1987/88 Park Fund Budget contains $11,000 for Rancho Grande Park design. He said Rancho Grande Park shall also receive an additional $20,000 for development purposes, prior to final tract map approval of Royal Oaks. Moved by Millis/Johnson (4-0-1, Porter absent) to authorize Staff to proceed with park site design. DOWNTOWN PARKING DISTRICT ORDINANCE AMENDMENT ------Mr. Mack referred to his memo of June 22, 1987, and said that the Downtown Parking and Business Improvement Area Advisory Board recommends the additions of Sections 3-5.10 through 3-5.15, as contained in the proposed ordinance, to be added to the Municipal Code. Mayor Mankins said he would like to see an inventory of the building areas. He expressed concern about stifling business activity. Mr. Mack said an inventory is going on at this time. JIM SILVA of 1360 Brighton Avenue, member of the Parking and Traffic Commission, said Mr. Mack had been asked to prepare the ordinance to improve the parking discount situation. Council Member Moots asked what the dollar amount value per parking credit will be, and Mr. Silva said the Parking and Traffic Commission will discuss this at it next meeting. Moved by Moots/Millis (4-0-1, Porter absent) to continue this item to the August 11, 1987, Council meeting when the inventory will be completed and the dol1ar amount value per parking credit is arrived at. CITY OFFICES REPORT Mr. Mack referred to his City Office Space Plan dated July 13, 1987. Council Members said they would like two weeks to study the plan before taking any action. Moved by Mil lis/Johnson (4-0-1, Porter absent) to continue this item to the meeting of July 28, 1987, in order to give the Council time to study the matter. ORDINANCE DECLARING FIRE ENGINE NO. 3 SURPLUS AND AUTHORIZING SALE TO SAN MIGUEL FIRE PROfECTIONDfSTRICTC-:T~nLE 3-15-8 ---- Mov~d by Johnson/Millis (4-0-1, Johnson, Millis, Moots and Mankins voting aye, Porter absent) to dispense with further reading of the proposed Ordinance Declaring Fire Engine No.3 Surplus, and Authorizing its Sale to the San Miguel Fire Protp.ction District. ~\i)y()r Mankins said that constituted the first rea~lng of the proposed ordinance. C!TY COUNC I L JUL Y 14, 1987 ARROYO GRANDE, CALIFORNIA PAGE FIVE URGENCY ORDINANCE NO. 357 PROHIBITING HILLCREST AREA LOT SPLITS, PARCEL MAPS OR OTHER ENTITLEMENT DURING STUDY PERIOD City Attorney Art Shaw referred to the July 14, 1987, Council denial of a lot split on Hillcrest Avenue, and said there may be more requests for lot splits in the area in the near future. He also referred to the rezoning that is being discussed by the City for the area. He recommended that the Council adopt an urgency ordinance to allow time for the Council to study the issue. The Mayor opened the discussion to the floor. LEONARD LENGER of 1203 Carpenter Canyon Road, representing Kim Hughes, who was denied the lot split on Hillcrest, objected to the urgency ordinance and said only a small number of lots in the Hillcrest area are eligible to be split. Mayor Mankins said at the end of 45 days the matter will come back to the Council. Mr. Shaw said that would be a noticed public hearing. Mr. Rogoway said the Planning Commission will be studying the issue August 4, 1987. Moved by Johnson/Mi 11 is (4-0-1, Johnson, Mi 11 is, Moots and Mank i ns voting aye, Porter absent) to adopt Interim Urgency Ordinance No. 357 Prohibiting Approval of Lot Splits, Parcel Maps, or Other Entitlements for Additional Parcels in the Hillcrest Drive Area Pending Study of Contemplated Zoning Proposals to Increase Minimum Parcel Size. 1071 FARROLL AVENUE LOT SPLIT, MARVOS, APPROVAL C.C.FILE 6-12-28 Mr. Karp referred to his memo of July 8, 1987, and recommended that the City Council review and approve the grading plan for Lot Split Case Number 86-423, Marvos. Moved by Johnson/Moots (4-0-1, Porter absent) to approve the Grading Plan for Lot Split Case Number 86-423; Parcel Map No. AG 85-383; 1071 Farro1l Avenue, Marvos. GROVER CITY TURNOUT Mr. Karp said Grover City has a turnout from the Lopez Project water line, and there has been a misreading of the amount of water it has been receiving. He said to mitigate the problem, San Luis Obispo County has proposed to pay Grover City back over a period of years for water it did not receive out of surplus water, when it is available. He said Grover City Staff has agreed to the plan. Moved by Johnson/Moots (4-0-1, Porter absent) to direct Mr. Karp to notify the County that the City of Arroyo Grande agrees to the plan to reimburse Grover City, because of faulty meter readings, out of surplus water, when it is available. NOMINATIONS TO BOARDS AND COMMISSIONS. Mayor Mankins nominated Dan J. Pace and Richard Duffin to the Planning Commission, and Brandon H. Backland to the Parks and Recreation Commission. On roll call votes (2-2-1, Mankins and Johnson voting aye, Millis and Moots voting no, Porter absent) the nominations were not affirmed. Mayor Mankins said he would bring the matter of his nominations to the various City Commissions to the next Council meeting. REQUEST BY JOE FURINO FOR TRAFFIC BARRIER AT OCEAN VIEW SCHOOL PARKING LOT JOE FURINO of 315 N. Elm Street requested a barricade either in or near the Ocean View Elementary School Parking lot, which is also used as a City street, for the reasons of , CITY COUNCIL JULY 14, 1987 ARROYO GRANDE, CALIFORNIA PAGE SIX FURINO-TRAFFIC BARRICADE Continued from pa!e 5 the narrowness of the street (25 feet wide, the liability problem to the School District and the City, the danger to the school children, the amount of traffic using the street, and the harm caused by the traffic to the quality of life on North Elm Street. The Council discussed with Mr. Furino where a barricade could be placed. Mr. Furino said the School District has told him the City needs the street for fire access. He asked the Council to help him solve the problem of the traffic without hindering City services. No action was taken by the Council. CONSENT AGENDA ITEM C.7.-NOTICE OF NEGATIVE ENVIRONMENTAL IMPACT DECLARATION PROPOSED RANCHO GRANDE PARK AT JAMES WAY AND AVENIDA DE DIAMENTE C.C.FIlE 9-11-17 Mr. Mack referred to a July 10, 1987, letter from Stephen N. Cool, who objected to granting a negative environmental determination reached by the Planning Commission on the basis that the traffic problems at the Oak Park Interchange have not been solved. Mr. Mack said that a number of traffic stud.ies have been done, and recommended that the Council uphold the negative declaration and proceed with requests to the State to obtain funding for the project. MAYOR MANKINS ASKED FOR AND RECEIVED UNANIMOUS CONCENT FROM THE COUNCIL TO CONTINUE THE MEETING PAST 11:00 P.M. Moved by Moots/Millis (4-0-1, Porter absent) to approve Mr. Mack's recommendation to uphold the negative declaration and proceed with requests to the State to obtain funding for the Rancho Grande Park project. ADJOURNMENT TO CLOSED SESSION AT 11:10 P.M. RECONVENEMENT AND ADJOURNMENT The Mayor reconvened the Council meeting after Closed Session. Present were Council Members Johnson, Millis and Moots. Council Member Porter was absent. Mr. Mack informed the Council that he was not appointing a candidate to the Planning Director's position, and that he would conduct a focused search for a Planning Director. Upon motion of Council Member Johnson, seconded by Council Member Millis, and with a unanimous vote, the meeting was adjourned at 11:59 P.M. MAYOR ATTEST: CITY CLERK