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Minutes 1993-09-14 163 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 14, 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. Paul Jones, Retired, pismo Beach, delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Brandy, Burke and Souza. Council Member Moots was absent. Staff Members present were City Manager Chris Christiansen, City Attorney Roger Lyon, ci ty Clerk Nancy Davis, Finance Director David Bacon, Planning Director Doreen Liberto-Blanck, Public Works Director Van Laurn and Current Planner Scott Spierling. 4. ORAL COMMUNICATIONS PHIL WHITAKER of 615 East Cherry Lane presented to the Council petitions containing 230 signatures of residents who objected to the proposed Highway 227 Bypass. Mr. Whitaker said he objected to the proposed bypass going through school property, crossing Arroyo Grande Creek where an Environmental Impact Report would be required, and being routed down East Cherry, where traffic mitigation would be necessary. LEE WIMBLEY of 607 East Cherry also opposed the bypass, which he said would be 28 feet from his garage door. Mayor Gallagher said the City is only considering a conceptual study of the bypass and is not making any commitments at this time. THE COUNCIL RECESSED AT 7:40 P.M. FOR TWO MINUTES SO THE BYPASS PROTESTORS COULD LEAVE THE CHAMBERS 5. CONSENT AGENDA It was moved by Brandy/Souza, and the motion passed unanimously to approve Consent Agenda items 5.a., 5.b. and 5. c. , with the recommended courses of action. 5.a. August 24, 1993, City Council Minutes. Approved. 5.b. August 4, and September 1, 1993, Senior Advisory commission Minutes. Information. 1 ~ 164 CITY COUNCIL MINUTES SEPTEMBER 14, 1993 5.c. August, 1993, Investment Report. Information. 6. REGISTER OF CHECKS It was moved by Brandy/Burke, and the motion passed unanimously to approve Cash Disbursements . the amount of 1n $447,812.73, as listed in the September 8, 1993, Staff Report of Finance Director David Bacon. 7.A. PUBLIC HEARING - AMENDED CONDITIONAL USE PERMIT CASE NO. 88- 435 AND AMENDED ARCHITECTURAL REVIEW NO. 87-395: 1300 JAMES WAY: RUSSEL SHEPPEL Mr. Christiansen referred to the September 14, 1993, Staff Report of the Director of Planning, who wrote that the Planning Commission had recommended that the City Council (1 ) Approve a resolution adopting a Negative Declaration, instructing the city Clerk to file a Notice of Determination, and approving Amended CUP 88-435, with the findings and conditions of approval indicated on the resolution; and (2 ) Approve Amended ARC 87-395 by minute motion, with findings and conditions of approval. 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. Tim Woodle, architect and representative of the applicant on the project, said the change requested is for better building function and aesthetics. When no one further came forward to speak, Mayor Gallagher closed the Public Hearing to the floor. It was moved by Burke/Souza (4-0-1, Burke, Souza, Brandy and Gallagher voting aye, Moots absent) to approve Resolution No. 3001 Approving Amended Conditional Use Permit Case No. 88-435 for an 823 Square Foot Addition to the Building Under Construction, Applied for by Russel Sheppel at 1300 James Way. It was moved by Burke/Brandy, and the motion passed unanimously to approve Amended ARC 87-395, with the attached findings and conditions of approval. 7.B. CONTINUATION OF PUBLIC HEARING - UTILITY USERS TAX OF FIVE PERCENT (5%) AND AN INCREASE IN THS RATE OF THE TRANSIENT OCCUPANCY TAX FROM SIX PERCENT (6%) TO TEN PERCENT (10%): CITYWIDE Mr. Christiansen said the ordinances do contain "sunset clauses" with the expiration date of June 30, 1995. 2 J 165 CITY COUNCIL MINUTES SEPTEMBER 14, 1993 Mayor Gallagher declared the Public Hearing open and said all persons would be heard regarding the matter. When no one came forward to speak, he closed the hearing to the floor. It was moved by Burke/Souza (4-0-1, Burke, Souza, Brandy and Gallagher voting aye, Moots absent) ,to adopt Ordinance No. 454 C.S. Amending Chapter 3 of Title 3 of the Arroyo Grande Municipal Code by Adding Thereto Article 6 Establishing a utility Users Tax. It was moved by Souza/Burke (4-0-1, Souza, Burke, Brandy and Gallagher voting aye, Moots absent) to adopt Ordinance No. 455 C.S. Amending Title 3, Chapter 3, Article 3 of the Arroyo Grande Municipal Code Relating to Transient Occupancy Tax. ~ 7. C. CONTINUATION OF PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL OF A NEGATIVE DECLARATION WITH MITIGATION MEASURES, CONDITIONAL USE PERMIT CASE 92-504. LOT LINE ADJUSTMENT CASE 92- 506. VARIANCE CASE 92-170, PLANNED SIGN PROGRAM CASE 92-107. AND VARIANCE CASE 93-174: LOCATED AT THE CORNER OF BARNETT STREET AND GRAND AVENUE: ARCO PRODUCTS Mr. Christiansen gave a history of the project, and said ARCO had appealed several conditions placed by the Planning Commission, (1) Traffic Mitigation Fees, (2), Moni toring the site for "stacking" problems, (3) Installation of a Traffic Signal and (4) The radius return-type driveway approach. Michael MUltari, the City's consultant for the project, referred to the September 14, 1993, Staff Report of the Planning Director. Mr. Multari said the city is working on a revised fee for traffic mitigation, and the Planning and Traffic commissions will be meeting further to discuss it. He said ARCO's main concern is the amount of the fee and the timing of the payments. He listed the various Council options outlined in the Staff Report. He said ARCO's second issue has to do with the possibility of queuing on Grand Avenue and the need for a monitoring -program there. He said ARCO does not want to do the monitoring but would pay $1,500 for the City to do it; The consultant then discussed the Planning commission condition requiring a Traffic signal at Barnett and Grand to alleviate the problem of making left-hand turns there. He said the City's traffic study, ARCO's traffic engineer, Caltrans and the Public Works Department all said the signal was not warranted. Mr. Multari said the Grand Avenue radius return type of driveway design is an issue, and now the applicants do not object 3 ~_._._._-'--- 166 CITY COUNCIL MINUTES SEPTEMBER 14, 1993 to following the City's standard driveway design. Mr. Multari said another issue that was not part of the ARCO appeal but appeared in a Staff Report by the Public Works Director is the making of left-hand turns into the Grand Avenue driveway. He said the Planning commission cQndition requires that there be right-hand turns in and out only. ' There were Council questions about the last condition, and Mr. Multari said the condition was tied into the requirement of a traffic signal at Grande and Barnett. Mayor Gallagher asked about the discrepancy between the City's estimation of traffic fees ($17,000) and that of ARCO ($7,000). The Planning Director said ARCO looked at only the 2,300 square foot building area, while the Planning Commission looked at the whole area of the gas station. 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, ARCO's Senior Real Estate Representative, referred to his September 6, 1993, letter to the city, and the September 14, 1993, Staff Report of the Planning Director. He discussed ARCO' s positions on the issues of Traffic Mitigation Fees, site Traffic Monitoring, Traffic Signalization and Driveway Entrances. . There was extensive discussion with the Council on the Traffic Signal and turns into and out of the station. RICHARD POOL, traffic engineer for ARCO, gave input, as did Public Works Director Laurn and City Attorney Lyon. Planning commissioners JOHN KEEN and BOB CARR also spoke to the Council. Mr. Keen explained the Planning commission's position with regard to the traffic signal. He said signs should direct the customers back on the freeway and the neighborhood should not be impacted. Mr. Carr agreed that the traffic mitigation fees should be changed. He said there was much new information given at this meeting that the Planning commission did not hear. He said the traffic signal should be installed or ARCO should bond for a signal in case it is found that one is needed. He said there should be a cap placed on the traffic mitigation fees ARCO pays. Mayor Gallagher questioned Staff as to why, when this agenda item was being continued for several meetings, the new information and mitigation measures that were developed were not sent back to the Planning Commission. He asked staff in the future to call the 4 167 CITY COUNCIL MINUTES SEPTEMBER 14, 1993 Council's attention to new information and new recommendations on projects so these could be referred back to the Planning Commission for study and recommendation to the Council. ! Mr. Simning said that delays in the progress of the project ! were caused by his requests for continuations while the traffic mitigation fees were being adjusted. When no one further came forward to speak, Mayor Gallagher closed the Public Hearing to the floor. Council Members began their discussion of the project. Areas , covered were (1) a traffic mitigation fee of approximately $17,000, (2) a deposit by ARCO of $1,500.00 for a traffic monitoring program, (3) a cap on the total amount ARCO will have to pay in traffic mitigation fees, (4) the possible need for a traffic signal at Barnett and Grand Avenue and ARCO's bond be for the cost of the signal less the amount they already paid in traffic signalization fees, and (5) left turns in and out of the station on Grand Avenue. Council Member Brandy said this may not be the right project for the area. He said the fees being discussed may not be enough to cover the mitigation costs. He questioned who would be doing the monitoring program. After further discussion by the council, it was moved by Burke/Souza to continue the agenda item to the meeting of September 28, 1993, in order to give staff time to prepare a resolution of approval including the following: 1. ARCO will pay a mitigation fee of $17,128.00. 2. ARCO will deposit with the City $1,500.00 to check on the stacking. 3. ARCO will pay the cost of the traffic signal less the traffic signalization and mitigation fees already paid. 4. There will be a curb cut and apron type driveway in G;rand Avenue. 5. Planning Commission Condition No. 9 will be deleted, and left hand turns in and out of the station will be allowed. Mr. Laurn said there needs to be concrete answers and solutions as to who will judge the results of the traffic monitoring, and Mayor Gallagher said that these questions should have been answered at the Planning Commission level. 5 \'--.. 168 CITY COUNCIL MINUTES SEPTEMBER 14, 1993 Mayor Gallagher called for a vote on the issue, and Council Members Burke, Souza and Gallagher voted aye, Council Member Brandy voted no, and Council Member Moots was absent. 8.A. REOUEST OF PARKING AND BUSINESS IMPROVEMENT AREA ADVISORY BOARD TO INS~ALL PARKING LOT BEHIND THE CITY COUNCIL CHAMBERS Mr. Christianson said the PBIAAB is again requesting that the parcel owned by the City in back of the Council Chambers be made a public parking lot. He said in 1990 the Council considered estimates to convert the lot to parking and then declined the request due to lack of money. He said if the Council ever wanted to sell the parcel, it would be difficult if it were a parking lot. IRA HUGHES of the Parking Board said the Board would solicit monies to build the parking lot, and no funds would be requested of the city. He said in the event the city decides to sell the land, the Board would request to be reimbursed for the cost of building the lot. He said the parking spaces are needed in the Village. He said each parking stall generates $3,000 to $5,000 each month. He said lighting would be installed and aesthetics would be considered. Council Members approved of the Parking Board's request, and said it . possible Caltrans would remove parking from Branch J.S Street in the future. Mayor Gallagher said the City needs to enhance the development of the Village and needs to provide an opportunity to grow. He suggested that the Board try to acquire more property for parking to the west towards Kings Furniture. JIM SILVA, Chairman of the Parking Board, said parking is an important aspect of business in the Village but the cost of land is outrageous. Council Member Brandy suggested that the City's paving machine be used on the project, and Staff agreed. 8.B. APPOINTMENT OF HENRY P. JEWETT TO THE SENIOR ADVISORY COMMISSION (REPLACING NANCY MAYNARD): TERM EXPIRES JUNE 30. 1996 Mayor Gallagher nominated Henry P. Jewett to the Senior Advisory Board and the Council unanimously approved. 8.C. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT REGARDING TtJE USE OF MORTGAGE CREDIT CERTIFICATES IN THE CITY OF ARROYO GRANDE AND THE ADMINISTRATION OF THE PROGRAM BY THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO Mr. Christiansen said the San Luis Obispo Housing Authority has requested that the city participate in a Mortgage Credit 6 -----.----- 169 CITY COUNCIL MINUTES SEPTEMBER 14, 1993 Certificate Program that assists low-income families in receiving tax credits upon the purchase of a home. He said there would be no cost to the City, and recommended passage of a resolution and agreement. GEORGE MOYLAND, executive director of the Housing Authority, explained the program. He said participants, lenders and developers would be helped by the program, and it would help the economy of the City. It was moved by Burke/Brandy (4-0-1, Burke, Brandy, Souza and Gallagher voting aye, Moots absent) to approve Resolution No. 3002 Authorizing Execution of an Agreement Regarding the Use of Mortgage Credit certificates in the City of Arroyo Grande and the Administration of the Program by the Housing Authority of the City of San Luis Obispo. 8.0. 1993-94 ANNUAL TRANSPORTATION FUND CLAIM Mr. Christiansen referred to the September 8, 1993, Staff Report of Finance Director David Bacon, and said annually the Council adopts this resolution so the city can receive its transportation monies. He recommended adoption of the resolution. After Council questions and discussion, it was moved by Souza/Brandy (4-0-1, Souza, Brandy, Burke and Gallagher voting aye, Moots absent) to approve Resolution No. 3003 Approving the 1993- 1994 Annual Local Transportation Fund Claims to the San Luis Obispo Area Coordinating Council. Mayor Gallagher said the City should keep abreast of the increasing SCAT transportation system, and understand unmet needs and why some people feel it is necessary to augment a system that is not sufficiently utilized now. 9. WRITTEN COMMUNICATIONS Mr. Christiansen said the Parks and Recreation commission would be meeting to discuss a request by the Arroyo Grande Fire Fighters Association to name the park at Traffic Way, Bridge and Nelson Streets the "Bob Collette Park." He recommended that the Council meet at 5:00 P.M. Monday, September 21, 1993, to officially take action on the naming, if the Commission makes the 'recommendation. council Members agreed. 10. ORAL COMMUNICATIONS Council Member Brandy suggested that Arroyo Grande institute a program whereby employees who make cost-savings suggestions, will be rewarded by the City. 7 '- 170 CITY COUNCIL MINUTES SEPTEMBER 14, 1993 Council Members agreed. 11. CLOSED SESSION None. 12. ADJOURNMENT It was moved by Burke/Souza, and the motion passed unanimously to adjourn the meeting at 10:30 P.M. to the special meeting on Tuesday, September 21, 1993, at 5:00 P.M. ~ MATTHEW PETER . ATTEST: ~a.~) N CY A. AVIS,' CITY CLERK 8