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Minutes 1989-06-13 . ~ .~ ...- MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUNE 13, 1989 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council met in regular session 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. Charles Atcheson of st. Barnabas Episcopal Church delivered the invocation. Mayor Millis asked that those present observe a moment of silence for the late George Burt, who served on the City Council for 16 years and was Mayor of Arroyo Grande for 10 years. He said Mr. Burt was a kind and gentle man, who worked hard for the city. NEW CITY ATTORNEY Mayor Millis introduced the new City Attorney Judy Skousen, J. D. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann smith. ORAL COMMUNICATIONS None. 5. CONSENT AGENDA It was moved by smithjMoots and the motion passed to approve Consent Agenda Items 5.a. through 5.0., with the recommended courses of action. 5.a. May 17, 1989, City Council Minutes. Approved. - 5.b. May 23, 1989, City Council Minutes. Approved. S.c. April 17, 1989, Parking and Traffic Commission Minutes. Information. S.d. May 3, 1989, Senior Advisory commission Minutes. Information. 5.e. Acceptance of Easement for Fire Hydrant, Brisco Road; Trailer storage Yard Behind Leisure Mart, Mr. and Mrs. McCaslin. Accepted. 5.t. Acceptance of James Way Asphalt, project No. 90-89-1. Accepted. 5.g. Purchase of Air Compressor, Account No. 10-4315-303. Approved. 5.h. Request to Hold a Sidewalk 'Sale by Village Improvement Association. Approved. 5.i. Arroyo Valley Car Club Car Show, Weekend of July 29, 1989. Information. 5.k. Award of Contract for Allen Street Water and Sewer Main Improvements, Project No. 60-70-89-1. Approved. 5.1. Acceptance of Repainting Traffic Striping, Project NO. 90-88- 3. Approved. S.m. paseo Street; Acceptance of Deeds. Accepted. ~. ~ .~ CITY COUNCIL JUNE 13, 1989 5.n. Resignation of Planning Commissioner Charles Scott. Accepted with Regrets. - 5.0. Board Letter Re: Lease Sale 95. Council to Write Letter of Support to Supervisors. 6. REGISTER OF WARRANTS It was moved by Moots/Dougall and the motion passed to approve the Cash Disbursements as presented by Finance Director David Bacon in his June 8, 1989 Staff Report. 7.A. PUBLIC HEARING TO ASCERTAIN WHETHER A PUBLIC NUISANCE EXISTS AT 120 EAST BRANCH STREET Current Planner Scott Spierlingreferred to the June 13, 1989 Staff Report of Planning Director Doreen Liberto-Blanck. Mr. Spierling gave the Council pictures of the signs in question, and said that the Staff recommendation was to adopt the resolution finding a Public Nuisance and ordering abatement thereof at 120 East Branch Street. 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. When no one came forward to speak on the matter, Mayor Millis closed the hearing to the floor. There were Council questions of Staff. Ms. Skousen said that the Nuisance Abatement procedure gave all parties involved an opportunity to speak to the Council. It was moved by Moots/Smith (5-0-0, Moots, smith, Dougall, Olsen and Millis voting aye) to approve Resolution No. 2318 Finding a Public Nuisance and ordering Abatement Thereof at 120 E. Branch Street. 7.B. PUBLIC HEARING TO DISCUSS CITY MUNICIPAL CODE SECTION 6-1.44. IMPOUNDING AND DISPOSITION OF STRAY OR ABANDONED CATS Mayor Millis said the Council has received a Staff recommendation to continue this Public Hearing to July 11, 1989 so .that there may be further study to find language that would solve the disagreement. After Council discussion, it. was moved by Moots/Smith to continue the Public Hearing to July 11, 1989, and to hear testimony from the public at this meeting as well. Council Member Dougall said the Municipal Code contains the necessary wording to protect both sides on this issue. Mayor Millis called for a vote, and voting aye were Moots, smith, Olsen and Millis. Voting no was Dougall. 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. Members of the PUblic speaking on the possible change in the Municipal Code with regard to cats were STEVE HOOPER of 293 s. Halcyon Road, MARGUERITE JOHNSON of 950 Huasna Road, EDWARD CHETWOOD of 585 Bakeman Lane, KEVIN MCCARTHY of 222 Garden street, JOHN BURKE of 1096 Robin Circle, BILL TAPPAN of 1525 Chilton, DICK FRANKS of 879 Fair Oaks, PAUL MADDOX of 587 Valley Road, AL KRAY of 298 Longdon Drive and MARLENE JOHNSON of 535 Traffic Way. Concerns and suggestions made by the Public included: - .--- --. CITY COUNCIL JUNE 13, 1989 1. There is a need for a humane way to control wild cats. 2. There is a need for a way to prevent dumping of unwanted kittens. . 3. Pet cats should wear identification collars. 4. The present City ordinance concerning trapping cats is sufficient and should not be changed. 5. Trapping wild cats is better than letting them run loose and be killed on the roads. 6. OWners of pet cats should keep them in their'homes or yards. 7. Persons wishing to trap cats should have to show cause why they need the trap, and then put a sign in their front yard saying they have a cat trap. 8. Cats should be leashed. g. Allowing cats to be wild reduces the natural bird population. 10. There should be more city communication with County Animal Control. 11. County Animal Control officers are not efficient and are over armed. 12. The should be a way to differentiate between the trapping of domestic and wild cats. Also speaking to the Council was Robert DOl1ahite, Director of the San Luis Obispo county Animal Control Department. He said the Arroyo Grande Ordinance is one of the best in the State. He said it would be used as a model for the updated County ordinance. He said both sides are protected by the section concerning trapping cats. He told about the County's "Lost Cat Line," and owners having veterinarians implant identification microchips in their cats. He discussed the County's procedure for handling lost, stray, abandoned and injured cats. He said Arroyo Grande has a problem with diseased wild cats, and the diseases are spreading to the domestic cats. Mayor Millis said Staff will have a recommendation at the July 11, 1989 meeting, and further Public testimony will be taken at that time. 8.A. HOOK RAMPS AT CAM+NO MERCADO City Manager Chris Christiansen said the City of Grover City has adopted the Freeway Agreement, and pismo Beach will be doing so at its June 19, 1989 City Council meeting. - 8.B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY AND WESLEY STREET Public Works Director Paul Karp referred to his June 6, 1989 Staff Report, and recommended that the Council take the following actions with regard to intersection improvements: 1. Listen to the presentation by the consultant Mohle, Grover & Associates, regarding the alternative improvements available to the city; 2. Conceptually approve the recommended proposal for improvement of the intersections; ~- - "- CITY COUNCIL JUNE 13, 1989 3. Authorize the Staff to employ Mohle, Grover & Associates to commence design work in conformance with their proposal dated June 2, 1989, for the improvement with construction to commence as soon as possible; 4. Establish a budget of $930,000 for the project. - 5. Authorize the city Staff to employ appropriate right of way consultants to commence acquisition for widening of Grand Avenue in front of the Chevron station, opposite the intersection with West Branch street; 6. If utility undergrounding is desired by the city Council, authorize the Staff to commence work with the utility companies to designate an undergrounding district along the West Branch Street alignment westerly of Grand Avenue. R. HENRY MOHLE, president of Mohle, Grover and Associates, spoke to the Council. He showed the proposed design on the wall and explained details. He said the Recommended Plan includes, 1) Adding a separate right turn lane in front of the Shell Station, and a right turn lane eastbound in front of the Chevron Station; 2) Having two through-lanes into East Branch Street, and two lanes westbound onto Grand Avenue; 3) Having two lanes north bound on Traffic Way, and 4) Installing a new traffic signal at West Branch street. He said the design would involve a highly coordinated system, with traffic metered through each signal and operated as one system. There was council discussion of dividing the project into phases. Mr. Mohle said that much of the cost of the project would be for purchasing right of way and widening West Branch street. Mr. Karp said one approach would be to include is the first phase the widening of Grand Avenue and the signalization. He said he would like to get this project to bid as soon as possible and possibly complete the whole first phase this year. Council Members discussed possible undergrounding of the utilities, and Mr. Karp said he would investigate that before Phase Two. Making comments on the design was JOHN KEEN of 298 N. Elm street. He said that Wesley street should have been closed; the cost projections are not high enough, and the widening of West Branch street should be in Phase One. DICK FRANKS said that the Recommended Plan is right on target and will be about a l5-year solution. Council Members asked that the Parking and Traffic Commission discuss the Recommended Plan, and Mr. Karp said he could put it on the June 19, 1989 meeting agenda, but such would impact the schedule established by the city Council to complete the project this year. Mr. Karp gave copies to the council of the Department of Transportation approval of the Recommended Plan, and the approved agreement between the State Department of Fish and Game and the city of Arroyo Grande Regarding proposed Stream Alteration associated with drainage for the project. 8.C. PROPOSED POLICE FACILITY EXPANSION Mr. Christiansen said it was the architect's intention to go to bid August 1, 1989, and before the Council September 26, 1989. 9.A. AMENDMENT TO THE MAY 25. 1985. AGREEMENT BETWEEN PISMO BEACH AND THE CITY OF ARROYO GRANDE. DEALING WITH IMPROVEMENTS AND ACCESS TO OAK PARK BQULEVARD Mr. Karp referred to his Staff Report of June 6, 1989, and - -" ~. CITY COUNCIL JUNE 13, 1989 recommended that the city Council review the proposed amendment to the agreement and authorize its approval subject to an encroachment permit, and City Attorney review. CAROLYN JOHNSON of the Pismo Beach Planning Department said that in order to facilitate the construction of a Regional Post Office in the vicinity of Oak Park Boulevard and James way she was requesting that the City of Arroyo Grande agree to a curb cut and road adjustment on Oak Park Boulevard. There were Council questions and discussion with regard to access to the Post Office property by the large postal trucks: additional traffic at the Oak Park Boulevard/Highway 101 intersection caused by the Post Office and other development at that site, and the settlement of the boundary between pismo Beach and Arroyo Grande on Oak Park Boulevard. It was moved by Smith/Moots (3-2-0, Smith, Moots and Millis voting aye, Dougall and Olsen voting no) to approve the Staff recommendation with three conditions: 1. That there be strong wording to the effect that the City of Arroyo Grande is concerned about the traffic on Oak Park Boulevard and what this project will add to an already bad situation. 2. That prior to construction the boundary between the cities be legally adjusted. 3. That the Federal Government be requested not to open the Post Office until the completion of the Oak Park/ Highway 101 project. 9.B. MAY 15. 1989. PARKING AND TRAFFIC COMMISSION RECOMMENDATION TO THE CITY COUNCIL It was moved by Moots/Smith (5-0-0, Moots, Smith, Dougall, Olsen and Millis voting aye) to approve Resolution No. 2319 Establishing a 30-Minute Parking Zone on a Portion of Traffic Way (146 Traffic Way) Encompassing a Minimum of Four Parking Spaces. JOHN KEEN, member of the Parking and Traffic Commission, said the commission was trying to achieve uniformity in this area. 9.C. SPECIAL PLAN CHECK REOUEST. TRACT 1642 PETE MILLER, attorney for the Rancho Grande project, referred to a letter to Mr. Karp and said that the developers were eager to begin construction of the improvements which will be required for Tract 1642. He said that they would like to begin before the rainy season and avoid the delay which would occur during the plan checking process. He requested that the Council enter into an agreement between the City of Arroyo Grande and Ottse Inc. which would allow for the City to hire a plan checker to begin checking the plans prior to the time that the tentative map is adopted by the City. He said all expenses would be paid by Ottse Inc. Responding to Council Member smith, Mr. Karp said because he is short-staffed he didn't want to begin checking plans without an approved tentative map. He said he told Mr. Miller that if Council approved he would hire a plan checker to be paid for by Ottse Inc. . He said, then if the tentative approval contained different conditions than those proposed by the Staff Advisory Commission, the developer would be required to pay for a recheck of the plans. Mayor Millis pointed out that this is a major project in a sensitive area. He said the Council and Planning Commission would most likely want to tour the project. He said there were questions about the Oak Trees there. Council Member Olsen asked if there was precedent for this, and Mr. Karp responded that he could not recall ever plan checking ~- -. --- CITY COUNCIL JUNE 13, 1989 - during tentative approval. City Attorney Skousen cautioned the Council to make sure that the agreement reflects that Ottse Inc. has no vested rights. She said these plan checks are not signed and approved until after the tentative map is approved. Council Member smith said Ottse Inc. is taking all the risk as far as she could see, and Council Member Dougall agreed. Council Members Olsen and Moots said they felt the Planning Commissioners could feel pressured by the action the Council was being asked to take. .. It was moved by Council Member smith that the Council approve Mr. Miller's request based on the advice from the City Attorney and recommendations by Mr. Karp. The motion died for lack of a second. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS Mayor Millis announced that he would reappoint at the Council meeting of June 27, 1989 the following members to City Commissions: parking and Traffic commission - Spencer L. Thomas and James Hewitt Parks and Recreation Commission - Billy Howells and Stanley Ikeda Planning Commission - william Gerrish and Tony Flores The Mayor read a letter from Planning Commissioner Paulette McCann, who said she did not wish to be reappointed when her term expires June 30, 1989. Mayor Mi111s said he would appoint Drew Brandy, a Game Warden with the State Department of Fish and Game, to fill that spot. ADJOURNMENT TO CLOSED SESSION The Council adjourned at 9:55 P.M. to a Closed Session on Personnel and Litigation. FINAL ADJOURNMENT immediately The Council reconvened at 10:30 P.M. and adjourned. MAYOR ATTEST: CITY CLERK