Loading...
Minutes 1993-09-28 , '" .. 173 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 28, 1993 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. & 2. FLAG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flag, and the Rev. Jared Hoover delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy, Bernard Burke, Gene Moots and James Souza. Staff Members present were City Manager Chris Christiansen, City Attorney Roger Lyon, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck, Public Works Director Van Laurn, Current Planner Scott Spierling and Chief of Police Rick TerBorch. 4. ORAL COMMUNICATIONS None. 5. CONSENT AGENDA It was moved by Burke/Souza (5-0-0, Burke, Souza, Brandy, Moots and Gallaqher voting aye) to approve Consent Agenda items S.a. through S.k., with the recommended courses of action. 5. a. Proclamation, "South County Performing Arts Center Talent Show Revue - December 4, 1993." Katcho Achadjian accepted the proclamation and invited the Council and public to attend the revue. S.b. Letter of Resignation from Dennis Keihn, Parks and Recreation Commissioner. Accepted with regrets. s.c. Request to Purchase Computer Equipment: Police Department: 1993-94 Budgeted Items. Approved. S.d. Participation in a Regional Hazardous Materials Response Team. Resolution No. 3004. Approved and Mayor authorized to sign agreement. S.e. Designation of Landmark Tree 93-64. Resolution No. 3005. Approved. 5.f. Computer Replacement: Parks and Recreation Department: Unbudgeted Item. Approved. . . 1 ....- ----------- 174 . , CITY COUNCIL MINUTES SEPTEMBER 28, 1993 5.g. Approval of Parcel Map; Lot Line Adjustment; Bennett and Grand Avenue; ARCO Products. Approved. 5.h. Surplus Dirt; Elm Street Basin No. 1. Approved. 5.i. Water Neutralization Program; Car Wash (Under Construction) Located at Elm Street and Grand Avenue. Approved. 5.j. Agreement for Maintenance of state Highways. Approved and Mayor authorized to sign agreement. 5.k. Liability Claim; Sherri Davis. Claim rejected. 6. REGISTER OF CHECKS It was moved by Burke/Moots, and the motion passed unanimously to approve Cash Disbursements in the amount of $514,931.76, as listed in the September 22, 1993, Staff Report of Finance Director David Bacon. 7. 227 BYPASS PROJECT Mr. Christiansen gave background on the current Highway 227 Bypass proposal and said early in the summer the city found out there was State money available for major transportation projects. He said the funding, if approved, would come down in 1994-95. He said the City has talked about a bypass for a number of years. He said the State could force the City to take action on reducing the congestion on Branch by removing the parking or taking the gas tax funds. He said the proposed route is just a concept at this time. He said the Council may want to consider referring the matter to the Long Range Planning Committee for detailed discussions and further citizen input. Public Works Director Laurn referred to his September 23, 1993, Staff Report and showed on the overhead projector screen the route of the bypass, a two-lane collector road with bicycle lanes and walkway. He said the road would be constructed in increments, the first increment being from Huasna Road to Branch Mill Road. He recommended that the Council apply for funds for the project and said the benefit to the City at large would be too significant not to pursue. He said the road would provide a crossing of Arroyo Grande Creek. Ron DeCarli, Executive Director of the Council of Governments, explained that State and Federal transportation funds come through the COG to the local entities. He said the COG is made up of representatives from the Board of Supervisors and the seven cities in the county. He said the COG is the Regional Transportation Agency and the Congestion Management Agency. 2 - _._-'---_._-..^._.._~._------_._._._._._----- 175 CITY COUNCIL MINU~ES SEPTEMBER 28, 1993 Mayor Gallagher asked if City gas tax funds could be held up if there is no congestion Management Plan, and Mr. DeCarli said yes. Council Member Brandy asked if the funds available for the road could be used to update the City's circulation Element, and Mayor Gallagher said staff could find out the answer. Mayor Gallagher opened the discussion to the audience, and speaking against the proposed bypass were TOM BONDS of 517 Launa Lane; DR. ALICE ADDISON of 410 Allen street; MICHAEL THOMAS of 267 E. Cherry; TONY LEES of 311 Noguera; MIKE TITUS of 404 Lierly Lane; CHARLES ROSS of 323 E. Cherry; PHIL WHITAKER of 615 E. Cherry; LEON WIMBLEY of 607 E. Cherry; KRISTIN BOHNER of 611 Myrtle; MARIE : CATTOIR of 195 Orchid Lane; TONYA JACOBSON of 537 E. Cherry; ,- CAMILLE TRIPODI of 521 E. Cherry; JIM YACONO of 153 Tally Ho Road, and BARBARA MCCOY CARLSON of 324 Longdon Court. The speakers expressed concerns about traffic, decrease in property values, lack of school district support, noise, congestion, quality of life, street maintenance, lack of citizen support; dangerous conditions for children; too expensive; spending money for studies or Environmental Impact Reports 7 drainage problems; destruction of the neighborhood characteristics; unethical conduct of government officials, and the possible increased use of the unsafe southbound fast-lane on-ramp at Highway 101. CHARLES GULIAK of Nipomo said he was surprised that people were not protesting the housing projects on the fringe of the city. He suggested that the bypass be constructed starting at EI Campo Road and working backward through the city. He said the residents around EI Campo Road could work with the City to be sure the traffic does not deposit onto Cherry Avenue. Mr. Laurn listed the key players he had spoken to regarding the bypass - a representative of the school district, property owners on Myrtle street, a farm owner at Branch Mill Road and Cherry Avenue; the owner of the Pace/Ellsworth property on cherry Avenue, and the owner of the property from Hubner Lane to Highway 101. Council Members discussed the proposal and decided not to go forward with it on the basis of the objections of the public, the safety issues, the expense of the project, the overriding need to pave Grand Avenue (also a regional road) and the need to update the Circulation Element. Council Member Moots said there is a City need to have another crossing of Arroyo Grande Creek. Mayor Gallagher said that Cherry Avenue will become more traveled is a reality. He 3 --- ~~.."..._._-........---_._,---_.._---,- 176 ~ CITY COUNCIL MINUTES SEPTEMBER 28, 1993 said the State mandates that the City look at al ternati ve and congestion managements issues, and there is a need to facilitate the circulation within the city based upon the traffic created by fringe area development. It was moved by Burke/Brandy, and the motion passed unanimously to abandon the proposed Highway 227 Bypass project at this time and direct the Long Range Plan update committee to study alternatives as it looks at circulation problems in the city. THE COU~CIL RECESSED ~ROM 9:05 ~O 9:09 P.M. 8.A. CON~IN\JATJ;PN OF PUBLIC HEARING - APPEAL OF PItANNING COMMISSION APPRQVAL OF 1\ N~GATIVE DECLARATION' WITH M:t~IGATIQJf IQASUREfS, ~ONDITIONAL USE ~ERMIT C~SE 92-~04, LO~ LI6E ADJUSTMENT CASE ~2- 5Q6, VARIANCE CASE 92-170, PLANNEp SIGN PROGRAM CASE 92-107, AND VARI~CJ CA~E 93-174: LOCATED AT CORNER O~ BARNETT STREET AND GRANp AVENUE: ~CO PRODUCTS Mr. Christiansen referred to his memorandum of september 28, 1993, and said EDA, representing ARCO, has submitted a water neutralization program. He said the Planning Commission had required that the program be approved prior to the issuance of a building permit. He said it was requested that the retrofit be accomplished prior to the issuance of a certificate of Occupancy, or payment of actual costs to the City for retrofit. He recommended that the plan be approved, that ARca retrofit prior to issuance of a certificate of Occupancy, and give the city notification and addresses where the work was done. He said all other details regarding this program could be handled by Public Works and the Building Division. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the Public Hearing open and said all persons would be heard regarding the matter. GARY SIMNING of ARCO Products said he was there to answer Council questions. When no one further came forward to speak, Mayor Gallagher closed the Public Hearing to the floor. It was moved by Burke/Souza (3-1-1, Burke, Souza and Gallagher voting aye, Brandy voting no, Moots abstaining) to approve Resolution No. 3006 Modifying and Deleting certain Planning Commission conditions of Approval and Mitigation Measures on the ARCO Project Located at 100 Barnett Street: Adopting a Negative Deolaration and-Instructing the City Clerk to File a Notice of 4 ~ 177 CITY COUNCIL MINUTES SEPTEMBER 28, 1993 Determination. 8.B. PUBLIC HEAijING - AMENDMENT TO ORDINANCE NO, 439 C.S.. WITH REGARD TO MITIGATION OF IMPACTS ON THE BACKBONE T8AFFIC SYSTEM: PD REZONE CAS~ NO. 93-226: lOp ROQEP DRIVE: G~E B~BLE CHPRCH , Mr. Christiansen referred to the September 28, 1993, Staff j Report of the Planning Director, and said the Planning Commission : had recommended that Mitigation Measures No. 5 and No. 7 be . eliminated. He said Mitigation Measure No. 5 states that until Brisco Road/Highway 101 interchange is reconstructed, the church , shall schedule its activities so that no more than 25 vehicles ! remain in its parking lot at 11:50 A.M., with the exception of \ Easter and Christmas. He said this rescheduling avoids the mid-day \ peak hour. He said Hi tigation Measure No. 7 states that as an \~ alternative to rescheduling services" the church could pay a i traffic mitigation fee of $2,656 per peak hour trip on the backbone , traffic system. He said the fee is required to be paid prior to I issuance of building permits. i After being assured that the pUblic Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the Public Hearing open and said all persons would be heard regarding the matter. 1 . HAROLD JOHNSON, representing the church, said he was there to answer Council questions. He said a traffic study commissioned by the church had shown there was no clearly defined peak hour on Sunday. When no one further came forward to speak, Mayor Gallagher closed the Public Hearing to the floor. It was moved by Souza/Brandy (5-0-0, Souza, Brandy, Moots, Burke and Mayor Gallagher voting aye) to approve Resolution No. 3007 certifying That the Environmental Impact Report as Amended for i the Halcyon Hills Subdivision with the Previous Addendi, and the , Addendum for the Grace Bible Church project Has Been Prepared in Compliance with the California Environmental Quality Act and certifying that the City council Has Reviewed and Considered the Information contained in the Final Environmental Impact Report; PD Rezone No. 93-226 (Grace Bible Church) and Instructing the City Clerk to File a Notice of Determination. 1 The City Manager read the title of an Ordinance Approving an : Amendment to Ordinance No. 430 C.S. Applied for by Grace Bible Church to Allow Deletion of Mitigation Measures 5 and 7 of ordinance 430 C.S. It was moved by Brandy/Moots, and the motion passed unanimously to dispense with further reading of the 5 ',,- ._-_._.~_..__._.__.__._- 178 - , CITY COUNCIL MINUTES SEPTEMBER 28, 1993 Ordinance. Mayor Gallagher said that constituted the first reading of the Ordinance. S.C. PUBLIC HEAR~NG - TRAFFIC SPEED SURVEY (SPEED LIMITS): CITYWIDE Mr. Christiansen referred to the September 22, 1993, Staff Report of the Public Works Director, who recommended that the Council adopt a Resolution establishing speed limits on various City Streets. Mr. Laurn wrote that the California Vehicle Code requires an engineering and traffic speed survey to enable the radar enforcement of any speed limit set by a local jurisdiction. He wrote that due to the oonstraints of the pursuit method of enforcement on City streets, this requirement effectively dictates all enforoement of locally adopted speed limits. He wrote traffic speed enforcement within the City is currently restricted to those limits expressly established by the Vehicle code, such as the 25 mph school zone limit when children are present. He wrote that absent such express limits, the 55 mph maximum limit prevails. The City Manager recommended approval of the speed limits and said the Traffic Commission also approved. Chief of Police TerBorch said that unless the city gets impartial speed surveys, the Police cannot effectively enforce the speed laws and use radar. There were Council questions and discussion. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher deolared the Public Hearing open and said all persons would be heard regarding the matter. Speaking to the Council were MARTHA WALL of 358 Tally Ho Road, MARY ANN KELLER of 221 Tally Ho Road, MR. YACONO of 153 Tally Ho Road, NANCY MACY of 344 Tally Ho Road, THOMAS OWEN of 331 Tally Ho Road, MRS. CATTOIR of 195 Orchid Lane, JOHN FARNSWORTH of 407 E. cherry Avenue, GARY WESTCOM of 203 E. Cherry Avenue, CARL BOCkAM of 139 E. cherry and PHILIP BALL of 358 Tally Ho Road. Their concerns included the safety of the chi ldren on the streets: the number of police who would be present to stop the speeders: the installation of "Children at Play" signs 1 the narrowness of Tally Ho Road when cars are parked on both sides: the unsafe hill and curve on Tally Ho Road: the opinion that even though radar surveys are needed on residential streets, speed limits need not be raised: that raising speed limits may conflict with good air quality: that raising the speed limits is just a revenue program.. for the city: the large number of ranch and farm 6 ---- ---------- --.---- 179 CITY COUNCIL MINUTES SEPTEMBER 28, 1993 vehicles that drive unsafely on East Cherry, and the hope that speed limits will move back down in several years as more surveys are done. DICK FRANKS of 879 Fair Oaks voluntarily conducted the speed surveys for the City. He is chairman of the City's Traffic Commission. He spoke in favor of the speed limits proposed, and said the police need these tools to enforce the law. He said with future surveys he hoped the speed limits would come down. Mayor Gallagher thanked Mr. Franks on behalf of the City and Council for the many hours he worked on this project. When no one further came forward to speak, Mayor Gallagher closed the Public Hearing to the floor. Council Members discussed the proposal, and Mayor Gallagher said the police would maintain a high profile in the sensitive areas of Tally Ho Road, East Cherry and around the Soto Sports Complex. It was moved by Souza/Brandy (5-0-0, Souza, Brandy, Moots, Burke and Gallagher voting aye) to approve Resolution No. 3008 Establishing Speed Limits on Various city Streets. 9.A. MUNICIPAL CODE AMENDMENT ALLOWING CITY ATTORNEY DISCRETION TO PROSECUTE MUNICIPAL MISDEMEANORS AS INFRACTIONS City Manager Chris Christiansen referred to the september 7, 1993, memorandum of Timothy Carmel, Assistant City Attorney. He said the code amendment gives the City Attorney discretion to prosecute municipal misdemeanors as infractions, and it could be a cost-savings to the City. Mr. Christiansen read the title of the Ordinance Amending Chapter 2 of Title 1 of the Arroyo Grande Municipal Code. It was moved by Souza/Moots, and the motion passed unanimously to dispense with further reading of the Ordinance. Mayor Gallagher said that constituted the first reading of the Ordinance. 9.B. REPORTS FROM VARIOUS COMMITTEES 1. South San Luis Obispo County Sanitation District - Mayor Gallagher discussed the Shellfish Sampling Program, said the shore contamination was higher than offshore, and the outfall line was not a significant factor in contamination. 2. South County Area Transit - Council Member Moots said there was no quorum for the meeting. ! 7 -~-----,.. ---------- ------.-"-----.------_ "' -0-____"-_..-_-_0-- 180 CITY COUNCIL MINUTES SEPTEMBER 28, 1993 1. Long Range Plan Update Committee - Council Member Moots said there would be a meeting later in the week. 3. Council of Governments - Council Member Burke said a main item of discussion was the Route 41 realignment affecting the city of Atascadero. He said he voted in favor of including the realignment in the Federal Transportation Improvement Program. He said there was an increase of $19,913 in Arroyo Grande's share of the LTF and STA funds. He said he also attended a closed session on the employment of an executive director. 4. Solid Waste Task Force Committee - Council Member Burke said approval was given to forward to SLOCOG for ratification the draft JPA to form an Integrated Waste Management Authority. 5. Zone 3 Water Advisory Committee - Council Member Brandy said -' fees would be going up at Lopez Lake, but Senior citizens would be getting a discount on the new fees. 6. County Water Advisory Board - Council Member Brandy said the board is waiting for the report on the seismic safety of Lopez Dam. He said the Council should be thinking about whether it wants the City to contribute further to the cloud-seeding program. 8. Chamber of Commerce Economic Development Committee - Counci 1 Member Souza said a coordinator is now working 20 hours a week on economic development. He said duties and tasks of the various subcommittees have been outlined and members would be assigned. Mayor Gallagher said a letter should be sent to PG&E saying thank you for allowing PG&E employee Tim Quiggle the time to act as the coordinator. Council Member Souza suggested a joint letter from the City and the Chamber of Commerce. 9. Coordinated Agriculture Support Program - Council Member Souza said he had no report. 10. WRITTEN COMMUNICATIONS Council Member Brandy said a program for rewarding employees who make cost-saving suggestions will be started. The Planning Director was commended for her work in getting the County of San Luis Obispo to consider impacts on Arroyo Grande by fringe-area developments. Mayor Gallagher said the Hart-Collette Volunteer Fire Fighters Park was dedicated on September 26, 1993, even though most of the volunteers were fighting a grass fire near Rodeo Drive. He said that was an example of the dedication of the volunteers. 8 - - - ----~,._,-~---_._- 181 CITY COUNCIL MINUTES SEPTEM8ER 28, 1993 11. ORAL COMMUNICATION~ None. 12. CLOSED SESSIQN None. 13. ~DJOURNMENT It was moved by Burke/Moots, and the motion passed unanimously to adjourn the meeting at 10:52 P.M. ~ e-r MAYOR ATTEST: ha. ~~ NANCY A DAVIS, CITY CLERR ,- ; 9 " - -~--"""""",,--~~---_._.,- .-~---..._--