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Minutes 1989-08-22 ....., MINUTES MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 22, 1989 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET The City Council met at 7:30 P.M., with Mayor Mark M.'Millis presiding. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Larry Booker of UPC Gospel Lighthouse Church of Arroyo Grande delivered the invocation. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann smith. PRESENTATION Derril Pilkington, president of... Arroyo Valley Car Club, .. presented plaques to the City and Mayor Millis for participating in the July 29 and 30, 1989, Car Show in Arroyo Grande. ORAL COMMUNICATIONS None. CONSENT AGENDA It was moved by Smith/Moots, and the motion passed, to approve Consent Agenda Items 6.A. , 6.B. , 6.0. through 6.F. I and 6.H. through 6.L., with the recommended courses of action. 6.A. August 8, 1989, city Council Minutes. Approved. 6.B. Request for Approval of a City-Wide Sidewalk Sale, september 15 - 17, 1989, Arroyo Grande Chamber of Commerce. Approved. 6.0. Classification and Compensation Study, in Accordance with SEIU Memorandum of Understanding. Approved. 6.E. Septic Tank Approval at 445 Lierly Lane, Tony Janowicz. Approved. 6.F. Award of Bid - Relocation of Water and Sewer Mains, Cornwall Avenue and Rena Street; Project No. 60-70-89-3 (Arroyo Grande Police station Renovation). Awarded to low bidder. 6.H. Notification of Correction of a Typographical Error wi thin Exhibit "A" of Ordinance No. 408 C.S. Information. 6.1. setting Public Hearing Date, Public Works Inspection Fees for Projects Not Covered by the SUbdivision Ordinance. Hearing set for September 12, 1989. 6.J. Replacement of Heating System at the Corporate Yard (Unbudgeted Item). Approval. 6.K. Sponsor an Oak Trees and Woodland Seminar with U.C. Extension. Approved. 6.L. Amendment to General Plan Contract with Planning Network. Approved. Council Member Dougall requested that the Council consider expending City funds to assist the Harvest Festival with insurance costs. After Council discussion, it was moved by Dougall/Olsen 1 CITY COUNCIL AUGUST 22, 1989 to approve the one-time only expenditure of $2,000 to help with Festival insurance. Council Members Dougall and Olsen amended their motion to say if the Festival earns a net profit greater than what is needed for insurance and start-up next: year, the funds will be ." returned to the City. It was moved by Smith/Dougall and the motion passed to approve other requests of the Festival Committee for use of the parking lot area behind City Hall, the parking area from the Gazebo to Bridge Street, Short Street from Branch Street to the Gazebo, Bridge street from Branch to Nelson streets, and on September 23, 1989 only, Grand Avenue/Branch Street from Elm to Mason Streets from 9:00 A.M. until 1:00 P.M. for the annual parade. 7. REGISTER OF WARRANTS It was moved by Olsen/Moots, and the motion passed, to approve cash disbursements as contained in the August 16, 1989, Staff Report of David Bacon, Finance Director. 8. PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 89-459. PROPOSED ELEMENTARY SCHOOL (GRADES PRE-K THROUGH 6). COASTAL CHRISTIAN SCHOOL AND LANDMARK MISSIONARY. 1220 FARROLL ROAD Council Member Dougall said that his home is at 1241 Farroll Road, within 300 feet of Landmark Missionary Church, and that he may have a conflict of interest. He disqualified himself on that basis and left the Council Chambers. Planning Director Doreen Liberto-Blanck referred to her Staff Report of August 22, 1989, and recommended that the city Council adopt a Resolution approving Conditional Use Permit Case No. 89- 459 subject to findings and conditions of approval; adopt the Negative Declaration, and instruct the City Clerk to file a Notice of Determination. There were Council questions of Staff concerning the access roads and the functions they serve, a time limit on the school remaining at Landmark Missionary Church, students being transported by bus to the school, and the bus parking and student drop-off areas. After being assured that the Public Hearing had been duly published and aLl legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. Speaking in favor of granting the Conditional Use Permit to the school were LOU CABALLERO of pismo Beach, BOB ZEILENGA of 331 Equestrian Way, MARLIN MILLER of 606 Eman Court, PAUL FROGEE of 620 Woodland Drive, EARK FOSTER of 940 Rose Court, HAROLD JOHNSON of 1567 Bee Canyon Road, DARRELL VANDERVEEN of 504 Carmella Drive, the Rev. TIM HOEKSTRA of 106 Marian Way and JIM HENDERSHOT of 333 Miller way. Speaking against granting the Conditional Use Permit on the basis of increased traffic were JEANETTE WOOD of 425 Golden West Place and EVELYN TALLMAN of 532 Carol Place. Accepted into the record was a petition containing 67 signatures from residents living in the area of the proposed school. The petition objected to the school on the basis of noise and traffic. There were protest letters from KATHRYN E. CHOATE, a retired teacher, and TRESSIE F. HALL of 1227A Farroll Road. JAMES HEWITT of 1730 Farroll Road said the fact that there would be a total of 440 extra vehicles on the road should be taken into consideration. 2 .. . ~ '""- CITY COUNCIL AUGUST 22, 1989 There being no further pUblic discussion on the matter, Mayor Millis closed the hearing to the floor. . There was Council discussion concerning fencing of the school yard, speed limit on Farroll Road, state School Standards, drainage at Elm Street and Farroll Road, a time limit for the school to be at the church, traffic, number of students at the school and annual review of the Conditional U~e Permit. Council Member smi th moved to approve the Conditional Use Permit and add two conditions to the 18 conditions already in the Resolution. She said No. 19 should say that the permit would expire on June 30, 1993, unless the permit was revoked by the Planning Commission at an earlier date due to public or safety concerns. She said No. 20 should say that the enrollment for the school would not exceed 175 students in any one school year. Council Member Moots seconded the motion. The motion passed. Mayor Millis said the suggestion to reduce the speed on Farroll Road to 25 MPH would be sent to the Parking and Traffic Commission for consideration. City Manager Chris Christiansen said that city Attorney Judy Skousen had advised that since the resolution approving the Conditional Use Permit had been changed, the Public Hearing should be reopened to the floor. Mayor Millis reopened the hearing for discussion of Conditions No. 19 and 20. Mr. Caballero asked if the expiration date on the permit could be extended if the new school is not finished in 1993. The Council said yes. It was moved by Olsen/Smith (4-0-1, Olsen, Smith, Moots and Millis voting aye, Dougall not present) to approve Conditional Use Permit Case No. 89-459, Applied for by Coastal Christian School, 1220 Farroll Avenue, for a Private School in the R-3 Zone, and Adopting a Negative Declaration, as amended. COUNCIL MEMBER DOUGALL RETURNED TO THE DAIS 9.A. HOOK RAMPS AT CAMINO MERCADO No Report. 9.B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY AND WESLEY STREET Public Works Director Paul Karp referred to his August 17, 1989, Staff Report, which included the recommendation that the City Council authorize completion of a design for the referenced intersection by Mohle, Grover, and Associates in conformance with the schematic and entitled "Recommended Plan." He said that the contract shall conform to the proposal previously submitted to the "- City Council dated June 2, 1989, calling' for a scope of work to design the intersection with appurtenant improvements including storm drainage, roadway modifications, and signalization for an amount not to exceed $83,000. He said the project will be designed based on an hourly rate and will include all design work, soils work, surveyinq, riqht-of-way enqin.erinq, and ooordination with utility companies. Mr. Karp said Staff further requests authorization to seek proposals from right-of-way acquisition consultants. Mr. Christiansen asked who owns the property which would have to be taken by the city for the intersection improvement. 3 CITY COUNCIL AUGUST 22, 1989 Mr. Karp said all alternatives have called for the taking of property owned by the Saruwatari family. The piece of land is located on the front of the Chevron station (251 Grand Avenue). He said the acquisition would have to be compensated as the Saruwatariswould not be willing to donate the land to the City. Mr. Karp said it is his opinion that the work done will improve the operation of the Chevron Station. KATCHO ACHADJIAN of 222 Grand Avenue spoke in favor of the recommended design. There were Council questions to Staff. In response to Mayor Millis, Mr. Karp suggested that the improvements be done in three phases, (1) the storm drains to Arroyo Grande Creek, (2) improvements on Grand Avenue, including the signals and widening and (3) widening of Branch street and perhaps the undergrounding of utilities. Council Member Smith said this is a "band-aid" approach and waste of money. She said the Village Creek Plaza (at Traffic way and Branch Street) should not have been approved until the traffic " problems are solved. Council Member Dougall questioned spending the large amount of money. He discussed with Mr. Karp several traffic studies that are being done at this time. Council Member Dougall said he is in agreement with going ahead with the design, in case that is necessary, but said he would not want to involve himself in any property acquisition at this time. Council Member smith asked the City Attorney if the City must approve all commercial projects. Mrs. Skousen said if there are impacts that cannot be mitigated, the City can prohibit certain uses on properties. Mayor Millis said that there are projects already approved at the intersection, and that traffic problems will get worse as Royal.. Oaks develops. There was further discussion of other design alternatives, of other traffic-impacted corners in the city, and a traffic study for the entire city. Council Member Moots said the engineers have told the city that this is the best solution with the money available. He said the City should go ahead with the recommended intersection improvements, which will last 20 years. Mr. Karp said the improvements will last until 2010 provided the growth rate is three and one-half percent. It was moved by Moots/Olsen to proceed with the Staff recommendations. Council Member Dougall asked what does"completion of des ign" mean. Mr. Karp said completion of the plans and specifications for a three-phase project. On a roll call vote, Council Members Moots, Olsen and Millis voted aye, and Council Members Smith and Dougall voted no. GENE SARUWATARI of 1054 The pike explained that his family is concerned most about not being able in the future to develop the property after the City acquires a portion for the intersection improvement. He said the property already has been greatly reduced by acquisitions for City streets and State highway. He said fair compensation will be asked, but money is not the main issue. He said square footage is what concerns them. He said his family wants to be able to develop the property in the future. 4 CITY COUNCIL AUGUST 22, 1989 9.C. PROPOSED POLICE FACILITY EXPANSION Mr. Christiansen said there was no report other than to take note that on this Agenda the Council had approved awarding the bid for relocation of water and sewer mains on Cornwall Avenue and Rena Street. 9.D. UPDATE ON BRIDGE STREET BRIDGE AT ARROYO GRANDE CREEK Mr. Karp referred to his Staff Report of August 16, 1989, and recommended that the city Council consider the information in the update memorandum prior to directing Staff to solicit proposals to design the rehabilitation project for Bridge Street Bridge. He suggested the Council consider the option of constructing a new bridge using the old trusses and hand rails. There was Council discussion of widening the bridge, increasing traffic use of the new bridge, safety of the current bridge, and State participation in funding the repairs. There was Council consensus to authorize Mr. Karp to look further into this option. Mayor Millis said perhaps the Council also will get further input from the Historical Society. .. 9.E. STATUS OF THE FIVE ACRE PARCEL FROM THE COUNTY OF SAN LUIS OBISPO. Mayor Millis and Council Members Dougall and Moots said that they may have Conflicts of Interest concerning this Agenda item, and they left the room. The City Clerk drew Mayor Millis' name from a glass, and he was called back to complete a quorum so that the matter could be considered by the Council. Mr. Christiansen said he also may have a Conflict of Interest and left the room. Mrs. Skousen referred to the city Clerk's letter of July 28, 1989, requesting placement on a Board of Supervisors' meeting agenda; an August 11, 1989, letter from Don McHaney to Ticor Title cancelling the Five Acre Parcel Escrow, and a letter from the County agreeing that the Escrow is effectively cancelled and stating that there will be an informational item on the Board's September 5, 1989, agenda. Mrs. Skousen said it is her opinion that one party to an Escrow cannot cancel the entire Escrow. She said the City could push the County to have a more open discussion of this matter, and that the Council could ask the other Supervisors to place a Public Hearing on the matter on the Board's agenda. Council Member Olsen said that apparently there were private agreements made by a former Mayor, officials of Royal Oaks and the County that have no baring with what the City knows at this time. She said there are no records of those meetings. Mr. Karp, acting under previous direction, read letters from Mr. McHaney to Supervisor Jim Johnson dated March 27, 1989; from the City Clerk to Supervisor Johnson dated July 28, 1989, and from Mr. McHaney to Ticor Title dated August 11, 1989. Council Member Olsen said that some items in Mr. McHaney's letter of March 27, 1989, were never discussed on a public agenda and are not part of the land exchange. Mrs. Skousen said, unfortunately the City did not make the land exchange a condition of any action it took, and was relying on the County to enforce the exchange. Council Member Olsen moved, and the motion passed, to direct the City Attorney, the Planning Director and the Public Works Director to attend the Board's meeting of September 5, 1989, and speak about the City's position on the land swap., 5 ---- -----.- CITY COUNCIL AUGUST 22, 1989 Council Member Olsen also requested that the City Attorney pursue every legal avenue to be sure that the City receives some _. compensation from the County and the developers of Royal Oaks. She also asked that Staff look into the barrier on Miller Way, where it runs into Emerald Bay Way, because it is not up to city standards. She also asked the City Attorney to look into the matter of the County's operation of commercial enterprises, not just government functions, at the Regional Center. She said the City has no control over these operations and receives no revenue. BILL MCCANN of 575 Crown Hill supported Council Member Olsen. He said the City has been betrayed, and it should make sure it gets that piece of property. Council Member Smith asked if the City can take back the concessions it made in exchange for the five acre parcel. Mrs. Skousen said probably not if they were not tied to the exchange. Council Member Olsen said the Lot Split approved for the County could be cancelled because the land exchange was a major part of the discussion in reviewing it. Mrs. Skousen said she would research the matter. Council Member Olsen also requested that the City Attorney look into possible Conflict of Interest that Supervisor Johnson may have in anything to do with this matter. QQUNCIL MEMBERS DOUGALL AND MOOTS AND MR. CHRISTIANSEN RETURNED TO THE ROOM 10.A. LETTER OF REOUEST APPEALING THE INSTALLATION OF A WATER LINE REOUIREMENT ON PAS EO STREET. JEFFREY CARRITHERS Mr. Christiansen referred to his memorandum of August 3, 1989, and recommended that the appeal to waive the installation of a water line on paseo Street be denied. Mr. Carrithers was not present at the meeting. PHIL WHITAKER, who is an adjacent property owner, said it was his understanding that Mr. Carrithers did not wish to appeal. It was moved by Smith/Dougall, and the motion passed, to deny the appeal. ll.A. DESIGNATION OF VOTING DELEGATE FOR LEAGUE ANNUAL CONFERENCE Mr. Christiansen referred to his memorandum of August 18, 1989, and recommended that the voting delegate be the City Clerk, with the alternate being the Planning Director. It was moved by Smith/Moots, and the motion passed, to approve the Staff recommendation. 11.B. REOUEST OF METRO-MEDIA PAGING SERVICES TO MODIFY ITS LEASE AGREEMENT WITH THE CITY OF ARROYO GRANDE AND APPROVAL OF THE RENT FOR ADDITIONAL OPERATION TO ACCOMMODATE THE TRANSMITTERS AND ANTENNAS FOR THREE ADDITIONAL PAGING SYSTEMS Mayor Millis said he lives within 300 feet of the antenna and may have a Conflict of Interest on this matter. He left the room. Mr. Christiansen referred to Mr. Karp's August 17, 1989, Staff Report. The City Manager recommended that the Council approve the request, subject to exclusion of the 152.240 MHZ band. After Council discussion with Staff, it was moved by Dougall/Moots to approve the recommendation of Mr. Christiansen. JOHN KEEN said he lives on North Elm and the paging system interferes with ESPN. 6 .. -. ..~ CITY COUNCIL AUGUST 22, 1989 CHARLES PAINTER of Corona Del Terra said that the problem of the 158.7 MHZ band is a problem allover Arroyo Grande. Council Members Dougall and Moots withdrew their motion. Mr. Karp was directed to request that Metromedia Paging Services representatives attend and speak at the next Council meeting. MAYOR MILLIS RETURNED TO THE DAIS 11.C. PARKING AND TRAFFIC COMMISSION RECOMMENDATIONS Mr. Karp referred to his August 16, 1989, Staff Report, and said that the Parking and Traffic Commission has recommended unwarranted boulevard stop signs at two locations, along with a painted crosswalk on Vard Loomis Lane: (1) To stop east and westbound traffic on Farroll Avenue at the Alder Street intersection. (2) To stop east and westbound traffic on Vard Loomis Lane at Vard Loomis Court. Mayor Millis said "warrants" are only one guideline used for placement of stop signs. He said the number of accidents come into it also. He said many of the necessary stop signs in the City are "unwarranted." Council Member Dougall objected to the stop sign at Farroll and Alder because it is unwarranted and not in the Harloe School Traffic Plan. MR. HEWITT, a member of the Parking and Traffic Commission, said the stop sign is needed. It was moved by Smith/Olsen (4-1-0, Smith, Olsen, Moots and Millis voting aye, Dougall voting no) to approve Resolution No. 2335 Establishing a Boulevard stop Sign at the Intersection of Alder street and Farrol1 Avenue. A stop sign at. Vard Loomis Court and Vard Loomis Lane was recommended. Council Member Dougall said there is no need for a stop sign there. MR. HEWITT said the neighborhood homeowners had signed a petition asking for one. It was moved by Smith/Olsen (4-1-0; . Smith, Olsen, Moots and .. Millis voting aye, Dougall voting no) to approve Resolution No. 2336 Establishing a Boulevard stop Sign at the Intersection of Vard Loomis Court and Vard Loomis Lane. A pedestrian crosswalk across Vard Loomis Lane at Vard Loomis Court also was recommended by the parking and Traffic Commission. It was moved by smith/Olsen (4-1-0, Smith, Olsen, Moots and Millis voting aye, Dougall voting no) to approve Resolution No. 2337 Establishing a Pedestrian Crosswalk Across Vard Loomis Lane at Vard Loomis Court. . A "No Parking" zone on a portion of Tally Ho Road was recommended. . It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Moots, 7 ,--.-.-- CITY COUNCIL AUGUST 22, 1989 Olsen and Millis voting aye) to approve Resolution No. 2338 Establishing a "No Parking" Zone on a Portion of Tally Ho Road (191 - 199 Tally Ho Road) (Municipal Code Sec. 2-7.04) A boulevard stop sign on Alder and Ash Streets was requested. RON STOUB of 295 Alder Street said this stop sign is unnecessary, and the Council should resist placing so many stop signs throughout the City. Mayor Millis said there is no stop sign on Alder between Grand and Fair Oaks Avenues. He said there had been citizen complaints about speeding, and this is a changing neighborhood. DICK FRANKS of 879 Fairoaks Avenue and a Parking and Traffic Commission Chairman requested that the item be reviewed by the Parking and Traffic Commission. Mayor Millis said the problem had already been before the Commission, and no action had been taken. Mr. Franks stated that this specific stop sign had never been on an agenda for consideration by the Parking and Traffic Commission. council Member Olsen said she was a resident of that area and the neighborhood has changed. She said children play in the area and vehicles do speed there. She said she would rather have too . many stop signs than not enough. It was moved by Smith/Moots (4-1-0, Smith, Moots, Olsen and Millis voting aye, Dougall voting no) to approve Resolution No. 2339 Establishing a Boulevard stop Sign on Alder and Ash Street. CONSENT AGENDA ITEMS 6. G. AWARD OF BID - CONSTRUCTION OF THE SHALLOW PASO ROBLES AND THE DEEP PISMO TEST WELLS; PROJECT NO. 60- .. 89-2 Mr. Christiansen referred to Mr. Karp's Staff Report of August l7, 1989, which recommended that the City Council authorize award of contract for the referenced project to Maggiora Brothers Drilling Inc., in the amount of $174,850 subject to State Department of Water Resources approval. There were Council questions of Staff concerning the steps or phasing of the wells, the costs involved and whether or not they are part of the Arroyo Grande aquifer. TIM CLEATH, a geologist, said one cannot find adequate quantity or quality of the water by just drilling the test wells and stopping, while the Council considers whether or not to go ahead. He said the test wells must be encased and pumped to find out what the final water will be like and how much is available. After further discussion of costs, Mr. Karp suggested that this item be continued and a further cost breakdown be given by Staff at the next City Council meeting, and arrangements would be made to have the City's consulting engineer available to answer specific questions about the project. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS None. CLOSED SESSION The Council adjourned at 10:30 P.M. to a Closed Session on Litigation. S -------- . - ~ CITY COUNCIL AUGUST 22, 1989 ADJOURNMENT The Councj.l reconvened at 10:55 P.M. and immediately adjourned. ~..d~ ATTEST: 7J /JtLuof; a. f);,L;'-< J crr. CLERK . -., ~ . .~ 1 ' < .