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Minutes 1997-09-23 ~ , . . 417 " MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 23,1997 COMMUNITY CENTER AND WOMAN'S CLUB 211 VERNON STREET ARROYO GRANDE, CALIFORNIA 1, CALL TO ORDER The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with Mayor A. K. "Pete" Dougall presiding. 2. AND 3. FLAG SALUTE AND INVOCA TtON Larry Tumer of the South County Historical Society led the Flag Salute. The Reverend Paul Bautts of Bethel Baptist Church, Grover Beach, delivered the invocation. 4, ROLL CALL Present with Mayor Dougall were Mayor Pro Tern Michael Lady and Council Members Michael Fuller, Thomas A. Runels, and Steve Tolley. Staff Members present were City Manager Robert L. Hunt, City Attorney Timothy J. Carmel, City Clerk Nancy Davis, Community Development Director Doreen Liberto-Blanck, Assistant Public Works Director Craig Campbell, Associate Engineer Jill Peterson, Chief of Police Rick TerBorch, and Director of Building and Fire and Interim Parks and Recreation Director Terry Fibich. 5, SPECIAL PRESENTATIONS a. Proclamation - "Fire Prevention Week," October 5-11, 1997. The proclamation was accepted by Fire Chief Fibich. b. Proclamation - "Youth Awareness and Recognition Month," October, 1997. The proclamation was accepted by Council Member Tolley, who is a member of the South County Youth Coalition. 6, AGENDA REVIEW City Manager Hunt said a document concerning Agenda Item 10.a. had been placed on the dais for Council Members. 6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y It was moved by Lady/Fuller and the motion passed unanimously that all resolutions and ordinances presented at the meeting be read in title only and all further reading be waived. J.l. 8 . CITY COUNCIL MINU .S SEPTEMBER 23, 1997 7.A. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION INTERPRETATION THAT SERVICE STATION FUEL PUMPING PARKING SPACES ARE NOT COUNTED AS REQUIRED PARKING SPACES - BURGER KING City Manager Hunt said his spouse was doing work for Khatchik Achadjian, one of the appellants, and though the 'NOrk she is doing is on a 100 percent volunteer basis, to remove even the perception of conflict of interest, he had not participated in the preparation of the staff report and, with the Council's indulgence, he would excuse himself from this public hearing. Community Development Director Liberto-Blanck said appellants Mike Humerian and Mr. Achadjian recently submitted an amendment to their Conditional Use Permit allowing for the use of a service station, convenience store, and office within one building located at 525 Traffic Way (existing Mobil Station). She said Mr. Humerian and Mr. Achadjian wished to convert approximately 1,000 square feet of convenience store area to a fast food restaurant with take-out and drive- through. She said the Planning Commission unanimously denied the interpretation that the fuel pumping parking spaces be counted as required parking, as the appellants had requested. After Council questions of staff and after being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Dougall declared the hearing open and said all persons would be heard regarding the matter. Mark Gammon of RMO Architects said the City ordinance does not specifically address .this specific kind of use and 90 percent of the cars parked on site are at the gas pumps. He showed a colored sketch showing a parking scheme with landscaping. He requested that if it is found that 13 parking spaces are needed, the four canopy spaces be counted. Mr. Humerian, who also owns the Grover Beach Burger King franchise; said the proposed restaurant would have a limited menu and sales would not be as high as a regular Burger King. He said the Grover Beach Burger King only has eight vehicle stacking places, whereas the proposed one will have nine. He said customers would order their food at a box and pick it up at a window. He said noise and emissions could be controlled. Mr. Achadjian said interior traffic congestion could be controlled because peak periods for his gasoline station are in the morning and evening and for the drive through restaurant from 12:45 to 1 :00 p.m. He requested that the Council study the busy ARC 0 station where there is a food market in addition to gasoline. Marlene Johnson, co-owner of the adjacent Vagabond Mobile Home Park, said there was a need for more parking for employees. She said she was concerned about left turns and the fast-moving traffic coming off the freeway. 2 . ' CITY COUNCIL MINU' " 419 .) SEPTEMBER 23,1997 When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. Council Members discussed the possibility of the appellants getting a variance. possible internal traffic problems at the station/restaurant, the effects on the neighbors, counting the office parking spaces for the restaurant parking, a proposed stop sign at the northbound freeway off~ramp, a study of businesses with similar uses to see how much parking is needed. It was moved by Fuller/Lady to continue the appeal hearing in order to have time to look at alternative options such as a variance; to do a study, paid for by the appellants, to learn how much parking is needed for these new mixed uses; to learn how Development Codes in other cities deal with the issue, and to investigate if Caltrans will approve a stop sign at the freeway off-ramp. Council Member Tolley said the Development Code should be amended to permit the proposed use at the Mobil Station. Mayor Dougall said that could come up when the General Plan is updated. The motion passed on a roll call vote with Fuller, Lady, Tolley, Runels, and Dougall voting aye. City Manager Hunt returned to his place at the staff table. 8. PUBLIC COMMENT PERIOD Ernest Sarina, 435 Le Point Street, spoke about drainage problems on his property . Leslie Sherman, 200 Tally Ho Road, said she was concerned about flooding of Tally Ho Creek during the rainy season and asked for City help in clearing the creek. 9. CONSENT AGENDA Council Member Fuller said he would like to pull Item 9.f. for discussion and Council Member Tolley said he would not be voting on Item 9.f. because of a potential conflict of interest. It was moved by Runels/Fuller and the motion passed unanimously to approve Consent Agenda Items 9.a. through 9.e., 9.g., and 9.h., with the recommended courses of action. 9.a. Cash Disbursements. Approved. 9.b. Minutes of City Council Meeting of September 9, 1997. Approved. 9.c. Authorization to Approve Payment to Pacific Sod. Payment Approved. 3 ~ 2.0. CITY COUNCIL MINU', .3 SEPTEMBER 23, 1997 9.d. Authorization to Solicit Bids for Purchase and Installation of Carpet for City Hall. Advertisement of Bids was Authorized. 9.e. Award of Bid for Two New Pickup Trucks. The bid was awarded to Mullahey Ford. 9.g. Award of Contract for Preparation of the Berry Gardens Specific Plan Environmental Impact Report. Contract Awarded to Firma. 9.h. Award of Contract for the Arroyo Linda Crossroads Specific Plan Report (Frederick). Contract Awarded to Impact Sciences Inc. of Agoura Hills. Speaking about item 9.f. Inspection Services for the Central Coast Town Center, Council Member Fuller said he hoped whomever is hired to be an inspector on the project would be encouraged to report to the Council should he/she run into trouble or be given a hard time. It was moved by Fuller/Lady and the motion passed, with Fuller, Lady, Runels, and Dougall voting aye and Tolley abstaining, to approve Item 9.f. Inspection Services for the Central Coast Town Center. 1 O.A. PRELIMINARY DRAFT MOBILE HOME RENT CONTROL ORDINANCE Community Development Director Liberto-Blanck said on February 25, 1997, the City Council directed the City Attorney to revise the City's Mobile Home Rent Stabilization Ordinance. She said since that time 317 copies of the draft have been mailed to interested individuals and 101 letters have been received in opposition and 46 letters received in support of the proposed ordinance. She said two predominate issues are the provisions to exclude resident-owned mobile home parks and the use of an administrative hearing officer instead of a mobile home rent review board. Ms. Liberto-Blanck said the Mayor had met on four occasions with representatives (owners and renters) of the Sunrise Terrace Mobile Home Park in an effort to mediate differences. She said in addition Council Members have met individually with local park owners and a representative from the Western Mobile Home Parkowners Association (WMPA) to discuss a lease proposal offered by WMPA. The Community Development Director said owners and renters from Sunrise Terrace have submitted a letter dated September 17th requesting a minimum 90- day continuance. She said according to the letter, the owners and renters have reached a tentative agreement on a proposed long-term lease. Doris Troll, president of Sunrise Terrace Mobile Home Park Owners Association, requested that if the draft ordinance is adopted, the section exempting non-profit 4 -. 421 CITY COUNCIL MINU .5 SEPTEMBER 23,1997 resident owned parks be retained and allow park owners to negotiate leases with the renters. She said there was a tentative agreement between the owners and renters of her park and asked for a 90-day extension for two reasons: (1) to allow the owners and renters of Sunrise Terrace to finalize the tentative agreement and (2) grant them the opportunity to discuss the proposed lease with other mobile home park owners and renters in Arroyo Grande. Others speaking were William Vanderheyden, President of the Sunrise Terrace Mobile Home Park Renters Association; Dick Hart, 1241 Fa rro II Avenue; Charlene Hall, Golden State Mobile Home Association; Ed Otto, 311 Sunrise Drive; David Evans, Western Mobilehome Park Owners Association Senior Regional Representative; and Phillip McQuown, 288 Sunrise Drive. Council Members discussed the possibility that the existing Mobile Home Rent Stabilization Ordinance may not be needed if leases are drawn up between the owners and renters of the parks. The Council complimented Mayor Dougall on his work with the groups to settle the dispute. It was moved by Runels/Lady and the motion passed unanimously to approve the request for the 90-day continuance to give the park owners and renters an opportunity to work out long-term leases. THE COUNCIL RECESSED FOR FIVE MINUTES AT 9:40 P ,M. 11,A. PREP ARA TIONS FOR WINTER STORMS. 1997-98 Assistant Public Works Director Campbell said there is a high probability that this Winter's storm season will be intense due to the EI Nino weather pattern. He said although generally prepared, the City has typically responded to emergencies in a conventional fashion. He said this year the Public Works Department has advanced preparations and, together with other departments, is proposing emergency preemptive projects to best prepare the City in those areas that have traditionally experienced flooding and storm-related problems. He discussed efforts the City has made to date on the matter, scheduling, and future actions. Council Members supported staffs recommendations. It was moved by RunelslTolley and the motion passed unanimously to authorize the appropriation of funds for the proposed projects/activities to offset the anticipated impacts from this Winter's EI Nino storms. 11,B, APPLICATIONS FOR REGIONAL STATE HIGHWAY ACCOUNT (SHA) Associate Engineer Peterson said on August 6, 1997, the San Luis Obispo Council of Governments (SLOCOG) Board approved policies, guidelines, and funding targets for the SHAlSTP program. She said on August 15, 1997, SLOCOG staff distributed funding applications for the SHAlSTP program to the local jurisdictions requesting applications be submitted by October 15. 1997. 5 ~ 2. 2 : . CITY COUNCIL MINU' ~. - .. .) SEPTEMBER 23, 1997 She said projects submitted to SLOCOG for funding should be listed in priority order. She listed the six Regional SHA eligible projects. Council Members discussed prioritization of the six projects. It was moved by Runels/Lady and the motion passed unanimously to prioritize the projects as follows: 1. EI Campo Road/Route 101 Project Study Report (PSR) 2. Brisco Road/Halcyon Road/Route 101 Project Study Report (PSR) 3. Grand Avenue Reconstruction - Elm Street to Halcyon Road 4. Grand Avenue Corridor Study 5. Bikeway Project One, Paulding Middle School Bicycle Lanes 6. Branch Mill Road Bicycle Lanes It was moved by Runels/Fuller (5-0-0, with Runels, Fuller, Lady, Tolley, and Dougall voting aye) to adopt Resolution No. 3252 Declaring Arroyo Grande's Interest in Obtaining Regional State Highway Account (SHA) Funds Allocated to the City for Various Highway, Street, Road, and Bikeway Purposes. 11,C, AUTHORIZATION TO SOUCIT BIDS - FOG/CHIP SEAL ROADWAY REPAIRS Assistant Public Works Director Campbell said staff had prepared a draft 20-year Pavement Management System (PMS) report for the City (currently scheduled for Council's review at its October 14, 1997 meeting). He said using the PMS computer software, staff had produced a list of roadway maintenance projects assuming a first year budget of $115,000. He referred to the listing of roadway projects recommended by staff for the approved FY 1997/98 Fog/Chip Seal Roadway Repairs budget. It was moved by RunelslTolley and the motion passed unanimously, to: 1. Authorize the advertisement of construction bids for the Fog/Chip Seal Roadway Repairs capital improvement project; 2. Find that the project is categorically exempt from CEQA pursuant to Section 15301 (c) (repair and maintenance of existing streets with no expansion of use beyond that previously existing and where no activity will involve the removal of a scenic resource), and 3. Direct staff to file a Notice of Exemption. 6 . . 423 , CITY COUNCIL MINU' ... .) SEPTEMBER 23,1997 12. CITY COUNCIL REPORTS (a) Mayor Dougall (1) South San Luis Obispo Sanitation District (SSLOCSD) - Pavement is being installed at the plant; an open house is planned. . (2) Local Agency Formation Commission (LAFCO) - No Report (3) Economic Development Committee - An economic development plan is being completed (b) Mayor Pro Tern Lady (1) South County Area Transit (SCAT) - No Report (2) San Luis Obispo Council of Governments (SLOCOG) - Work is beginning on the Highway 101 emergency call boxes; an agreement for a management audit was approved; a facilitator wiII be hired at a salary up to $1,000 to assist a sub-committee in studying issues connected with SLOCOG and its staff. (3) San Luis Obispo Regional Transit Authority (SLORTA) - Received $5,000 from the Air Pollution Control District for its invrnvement in the Mid-State Fair show. (c) Council Member Fuller (1) Integrated Waste Management Authority Board (IWMA) - Discussion of translating IWMA books into Spanish; discussion of what to do about the reduction in demand for recyclable materials and the fact that recycled paper is not readily available. Council Member Fuller discussed the use of laptop computers by Council Members in order to save paper. (2) Air Pollution Control Board (APCB) - No Report (3) Economic Vitality Corporation - No Report (d) Council Member Runels (1) Zone 3 Water Advisory Committee - There were 360,000 visitors at Lopez Lake last summer, the lake is 16 feet below the spill level and seven million gallons a day are being released to get ready for winter storms; the treatment plant is running at five million gallons a day and the full entitlement of State water is being taken; the 1995 storm damage has been fixed; a tour for the public is planned, and the seismic repair of the dam is still being studied. (e) Council Member Steve Tolley (1 ) Long-Range Planning Committee - No Report (2) South County Youth Coalition - applicants for Director of the Youth Coalition are being screened. (3) Community Agriculture Support Program (CASP) - No Report 13, COUNCIL COMMUNICATIONS Council Member Lady said he received a large amount of positive feedback on the Friday night skateboarding at Calvary Chapel. 7 ~.2 4: ~ CITY COUNCIL MINU. _S SEPTEMBER 23, 1997 14. STAFF COMMUNICATIONS None. 15, ADJOURNMENT It was moved by Lady/Fuller and the motion passed unanimously to adjourn the meeting at 10:20 p.m. Mayor Dougall requested that the meeting be adjourned in memory of the late Janet Wright, who was one of the City's original crossing guards. Q~~ A. K. "PETE" DOUGALL MAYOR '11~a. ~ NANCY A. DAVIS, CITY CLERK 8