Minutes 1992-06-23
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 23, 1992
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 Pro Tem Gene Moots presiding.
l. & 2. FLAG SALUTE AND INVOCATION
Mayor Pro Tem Moots led the salute to our Flag, and the Rev.
Paul Bautts of Bethel Baptist Church delivered the invocation.
3. ROLL CALL
Present were Mayor Pro Tem Moots and Council Members A. K.
"Pete" Dougall, M. P. "Pete" Gallagher and B'Ann Smith. Staff
members present were City Manager Chris Christiansen, Assistant
City Attorney Ralph Prince, City Clerk Nancy Davis, Planning
Director Doreen Liberto-Blanck and Public Works Director Van Laurn.
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ORAL COMMUNICATIONS
KEN SCHULTZ of 364 Sunrise Terrace presented the Council with
information regarding Mobile Home Rent Stabilization Vacancy
Control for use at a special Council meeting June 30, 1992.
BERNIE BURKE of 1227 Priscilla Lane congratulated city
officials on the low amount of money Arroyo Grande spends on
admini,~tration .
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PEDRO ARAYA of 357 Tally Ho Road asked questions regarding a
map that included his property. City Engineer Laurn said he would
be happy to meet with Mr. Araya.
5. CONSENT AGENDA
It was moved by Smith/Dougall, and the motion passed with
smith, Dougall, Moots and Gallagher voting aye and Millis absent,
to approve Consent Agenda items 5.A. through 5.C. , with the
recommended courses of action.
5.A. May 12, 1992, City Council Minutes. Approved.
5.B. May 26, 1992, city Council Minutes: Approved.
S.C. Award of Bid, 1992-93 Landscape Maintenance Contract; Parks
Department; Budgeted Item. Acceptance of low bid approved.
6. REGISTER OF CHECKS
It was moved by Dougall/Smith, and the motion passed with
Dougall, smith, Moots and Gallagher voting aye, Millis absent, to
approve Cash Disbursements in the amount of $616,050.21, as listed
on the June 18, 1992, Staff Report of Finance Director David Bacon.
7.A. PUBLIC HEARING - (I} CONDITIONAL USE PERMIT CASE NO. 91-485:
(2)' ARCHITECTURAL REVIEW CASE NO. 91-466: FOR AN 11.305 NET SOUARE
FOOT ADDITION TO AN EXISTING X-MART STORE: (3) SIGN PERMIT CASE NO.
92-104: (4) VARIANCE CASE NO. 92-166: FOR A PLANNED SIGN PROGRAM
AND VARIANCE FROM SIGN STANDARDS: FOR A TOTAL NUMBER OF SIGNS. TWO ~
(2\ ARE ALLOWED: THREE (3\ ARE PROPOSED: AND TO EXCEED THE MAXIMUM
ALLOWED AREA FOR A SINGLE SIGN FACE. 70 SOUARE FOOT ARE ALLOWED:
126.7 SOUARE FEET ARE PROPOSED: X-MART CORPORATION. 1570 WEsT
BRANCH STREET
Ms. Liberto-Blanck referred to her June 23, 1992, Staff Report
and listed the Planning Commission recommendations approving the K-
Mart addition.
After Council questions and being assured that the Public
Hearing had been duly pUblished and all legal requirements met,
Mayor Pro Tem Moots declared the hearing open and said all persons
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CITY COUNCIL MINUTES
JUNE 23, 1992
would be heard regarding the matter.
JOHN DORSETT, representing the applicant, said. he would
answer any council questions.
When no one further came forward to speak, Mayor Pro Tem Moots
closed the hearing to the floor.
Council Members discussed the project signage and K-Mart's
contribution to the traffic backbone mitigation fund.
It was moved by smith/Dougall (4-0-1, smith, Dougall,
Gallagher and Moots voting aye, Millis absent) to approve
Resolution No. 2935 certifying that the Supplement to the
Environmental Impact Report for Oak Park Acres (Tract 604) Prepared
for the K-Mart Addition has been Prepared in Compliance with the
\.... california Environmental Quality Act and Instructing the City Clerk
to File a Notice of Determination.
" It was moved by Smith/Dougall (4-0-1, smith, Dougall,
Gallagher and Moots voting aye, Millis absent) to approve
Resolution No. 2936 Approving Conditional Use Permit Case No. 91-
485, for the K-Mart Addition Project, Applied for by K-Mart
corporation at 1570 West Branch Street.
It was moved by Smith/Dougall (4-0-1, Smith, Dougall,
Gallagher and Moots voting aye, Millis absent) to approve
Resolution No. 2937 Granting a Variance, Case No. 92-166, Applied
for, by K-Mart Corporation at 1570 West Branch street, Variance to
Exceed the Allowed Number of Signs and to Exceed the Maximum
Allowed Area for a Single sign Face.
It was moved by smith/Dougall (4-0-1, Smith, Dougall,
Gallagher and Moots voting aye, Millis absent) to approve
Resolution No. 2938 Approving sign Permit Case No. 92-104, a
Planned Sign Program for K-Mart Corporation at 1570 West Branch
Street.
It was moved by Smith/Dougall, and the motion passed with
smith, Dougall, Gallagher and Moots voting aye, Millis absent, to
approve Architectural Review Case No. 91-466.
8.A. REOUEST TO EXCAVATE SOIL AND CONSTRUCT A R~AINING WALL IN THE
ROYAL OAKS SUBDIVISION: 415 RODEO DRIVE: RICK TELLEZ
Mr. christiansen said this matter was continued from the last
Council meeting. He referred to letters to the Council from Larry
and Robin Greene of 393 Rodeo Drive and Neil J. Johndrow of 400
Rodeo Drive. Also before the Council was a document' from the
applicant describing the project.
Council Members asked questions concerning the amount of dirt
to be excavated, the measurements of the property and current
access to the property.
~ Speaking in favor of the project were MR. AND MRS. RICK
TELLEZ, who said the wall would give emergency access to their rear
yard. They also said they had hired a soils engineer to approve
the construction of the wall. They said the wall would stop the
flooding of their garage. They said they had liability insurance
for the project, and their contractor would be licensed and bonded.
Speaking against the project were MR. GREENE, BRUCE COSPER of
388 Rodeo Drive and DAN GEISSINGER of 432 Rodeo Drive. Their
concerns were with esthetics, the large amount of re-grading that
would be done, and the setting of a precedent if the application
were approved.
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CITY COUNCIL MINUTES
JUNE 23, 1992
Council Members expressed concerns about the major grading the
project would incur, and said this would be a significant earth
removal process.
It was moved by smith/Dougall (4-0-1, smith, Dougall,
Gallagher and Moots voting aye, Millis absent) to deny the
application to construct a retaining wall at 415 Rodeo Drive.
The Council advised the applicant to meet with his neighbors, the
Royal Oaks home owners association and City building officials and
scale down the project before returning to the Council for
approval.
8. B. SECOND READING OF ORDINANCE AMENDING THE MUNICIPAL CODE ,'""
RELATING TO PENALTIES FOR VIOLATIONS. THE PERSONNEL SYSTEM. AND THE
PURCHASING PROCEDURE: CITYWIDE
It was moved by Dougall/Smith (4-0-1, Dougall, smith,
Gallagher and Moots voting aye, Millis absent) to adopt Ordinance
No. 447 C.S. Amending Municipal Code Title 1, Chapter 2 Regaz~ing
Penalties for Violations, and Title 2, Chapter 3 Regarding
. Personnel System, and Chapter 4 Regarding Purchasing Procedure.
9.A. RESOLUTION REOUESTING AUTHORIZATION TO CLOSE VARIOUS CITY
STREETS FOR THE ARROYO VALLEY CUSTOM CAR SHOW: SATURDAY. JULY 25.
1992: ARROYO VALLEY CAR CLUB
It was moved by Dougall/Smith (4-0~1, Dougall, smith,
Gallagher and Moots voting aye, Millis absent) to approve
Resolution No. 2939 Requesting Authorization to Close Various city
Streets for the Arroyo Valley Custom Car Show.
9.B. RESOLUTION REOUESTING AUTHORIZATION TO CLOSE A PORTION OF WEST
BRANCH STREET FOR A PARADE (BANK OF AMERICA PARKING LOT TO
COMMUNITY CENTER ON VERNON AVENUE): SUNDAY. JULY 5. 1992: I.D.E.S.
COUNCIL NO. 28: SANDY CABRAL
It was moved by Dougall/Smith (4-0-1, Dougall, Smith,
Gallagher and Moots voting aye, Millis absent) to approve
Resolution No. 2940 Requesting Authorization to Close West Branch
Street for a Parade.
9.C. RATIFICATION OF THE 1992/93 JOINT POWERS AGREEMENT FOR THE SAN
LUIS OBISPO COUNCIL OF GOVERNMENTS
Council Member Gallagher said the Council of Governments was
super bureaucracy that does not benefit Arroyo Grande greatly.
Mayor Pro Tem Moots agreed but said the City would not receive its
transportation monies to use for streets if it did not participate
in the Council of Governments.
It was moved by Dougall/Smith (4-0-1, Dougall, Smith,
Gallagher and Moots voting aye, Millis absent) to approve
Resolution No. 2941 Ratifying the Joint Powers Agreement for the
San Luis Obispo council of Governments for Fiscal Year 1992/93, as
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9.D. WEST BRANCH STREET PARKING AND CROSSWALK (AREA OF BRIDGE AND
BRANCH STREETS)
Mr. Christiansen referred to the June 17, 1992 Staff Report of
the Public Works Director Laurn, who recommended setting a public
hearing to permit parking along the opposing edge of a T-
intersection where a prohibition is not needed for pUblic safety
and/or traffic control: and approve a resolution, which wou1a
accomplish the following:
(a) Remove the commercial loading zone at 104-112 West Branch
Street.
(b) Prohibit the use of the crosswalk on Branch Street at the
westerly side of Bridge Street.
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CITY COUNCIL MINUTES
JUNE 23, 1992
(c) Establish a commercial loading zone fronting 102 West
Branch Street, effective upon amendment of the Municipal Code.
It was moved by Dougall/Smith, and the motion passed with
Dougall, Smith, Gallagher and Moots voting aye, Millis absent, to
set a public hearing for July 14, 1992.
.-. There was considerable Council discussion about pedestrian
crossing of Branch Street on the easterly side of Bridge Street,
and various Council Members indicated support for painting the
crosswalk.
It was moved by Dougall/Smith (4-0-1, Dougall, Smith,
Gallagher and Moots voting aye, Millis absent) to approve
Resolution No. 2942 Establishing Parking and Pedestrian
Restrictions on a Portion of West Branch Street.
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10. WRITTEN COMMUNICATIONS -
Council Member B'Ann smith read a statement saying that she
~ would not be seeking reelection to the Council in the November,
1992 election. She said she had served the city since 1978, with
a two year hiatus from. 1986 to 1988. She thanked her friends,
family and constituents for their confidence in her and for their
work on the elections.
11. ORAL COMMUNICATIONS
Council Member Dougall said the Source Reduction Recycling -
Element workshop will be at 2:00 P.M. August 11, 1992, in City
council Chambers, 215 East Branch Street. He said the pUblic
hearing on the SRRE will be at the regular Council meeting of
August 25, 1992.
12. CLOSED SESSION
It was moved by Dougall/Gallagher, and the motion passed with
Dougall, Gallagher, Smith and Moots voting aye, Millis absent, to
adjou~n at 9:15 P.M. to a Closed Session on personnel negotiations.
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13. ADJOURNMENT
It was moved by smith/Dougall, and the motion passed with
Dougall, Gallagher, smith and Moots voting aye, Millis absent, to
adjourn the meeting at 10:00 P.M.
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GENE MOOTS, MAYOR PRO TEM
ATTEST:
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