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Minutes 1989-04-11 , .~ MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 11, 1989 COUNCIL CHAMBERS, 215 E. 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. Robert Banker of the Oceano Open Door Church delivered the invocation. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. ORAL COMMUNICATIONS ROY ANDERSON, 290 Sunrise Drive, referred to Consent Agenda Item 5.g. "Corona-Grand Avenue Associates vs. City of Arroyo Grande, Lawsuit Dismissed." He and ED OTTO of 311 Sunrise Drive asked the Council questions about future enforcement of the City's Mobilehome Rent Stabilization Ordinance. ED MULLAHEY, co-owner of Christianson Chevrolet, and BEAU PACE of vick Pace Ford protested the proposed two-hour parking on the east and west sides of Traffic Way. 5. CONSENT AGENDA Moved by Smith/Moots (5-0-0) to approve Items 5.b. through 5.f.on the Consent Agenda, with the recommended courses of action. 5.b. March 28, 1989, City Council Minutes. Approved. S.c. First Quarter, 1989, Sales Tax Revenue Report. Information. S.d. March, 1989, Investment Report. Information. 5.e. First Quarter, 1989, Departmental Report. Information. 5.f. April 5, 1989, Senior Advisory Commission Minutes. Information. 5.a. Proclamation Honoring the Memory of Elizabeth H. "Libby" Jackson. Mayor Millis read the proclamation honoring Mrs. Jackson, and said that a tree would be planted in her memory at 11 a.m. Saturday, Apr i1 15, 1989, at Elm Street Park. Other Council Members also praised Mrs. Jackson. 5.g. Corona-Grand Avenue Associates vs. City of Arroyo Grande, Lawsuit Dismissed. City Attorney Art Shaw said the lawsuit's dismissal was without prejudice, that it had been part of the sale of the property, and that it could be filed again at a later date by the new owners. There was further discussion on enforcement of the City rent stabilization ordinance with Mr. Otto and Mr. Anderson. BERNIE BURKE, chairman of the City's new Senior Advisory Commission said the commission would investigate the matter, make recommendations -'-"-'-'-'--"- and report back to the city Council. Mayor Mi 11 i s said this Council supports mobilehome rent stabilization and wants to see the ordinance work. After a two-minute recess, it was moved by Moots/Smith (5-0- 0) to approve Consent Agenda Items 5.a. and 5.g. , with the recommended courses of action. 6. REGISTER OF WARRANTS Moved by smith/Olsen (5-0-0) to approve the Cash Disbursement as presented in the April 5, 1989 Staff Report of Finance Director David Bacon. 7. PUBLIC HEARING. ABATEMENT OF PUBLIC NUISANCE. 1203 GRAND AVENUE city Manager Chris Christiansen recommended that the City Council approve the resolution finding that a nuisance does exist and ordering abatement. 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 heard regarding the matter. Arroyo Grande Fire Inspector Phil Panos spoke in favor of the resolution saying that the Fire Department had been trying to get the underground tanks removed for two years. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. Moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to approve Resolution No. 2304 Finding a Public Nuisance and Ordering Abatement Thereof at 1203 Grand Avenue. 8.a. HOOK RAMPS AT CAMINO MERCADO Mr. Christiansen reported that State Representative Eric Seastrand had written a letter to the California Department of Transportation urging that it proceed as soon as possible with construction of the Highway 101 hook ramps at Camino Mercado. 8.b.POST OFFICE CIRCULATION Council Member Dougall reported that there have been traffic problems at the new postal drop box island at Traffic Way and Bridge Street and different signing is needed. Public Works Director Paul Karp said the problems will be solved and the box will be in use in the near future. 8.c. WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY CIRCULATION Mr. Christiansen referred to Mr. Karp's April 5, 19S9 Staff Report, which recommended that the City Council authorize employment of the firm Mohle, Grover & Associates of La Habra, california, in the amount of $18,000 for phase one and a portion of phase two design work, prerequisite to completing environmental work to change the Circulation Element of the General Plan to include realignment of the West Branch Street intersection with Grand Avenue. Moved by Smith/Moots (5-0-0) to approve the recommendation. S.d. PROPOSED POLICE FACILITY EXPANSION Mr. Christiansen reported that the architectural and surveying work are underway, and the police radio system may be moved to the police annex while construction is going on in the main building. 9.a.SECOND READING OF ORDINANCE AMENDING DEVELOPMENT ORDINANCE NO. 355 C.S. TO REFLECT PROPOSED LOT LINE ADJUSTMENT. ROYAL OAKS ESTATES. JAMES WAY (TRACT 1390\ Council Member Moots said he would abstain from discussion and voting because of a possible conflict of interest. -. ..------- ~ Moved by Dougall/Smith (5-0-0, Dougall, Smi th, Olsen and Millis voting aye, Moots abstaining) to adopt Ordinance No. 406 C.S. Amending Ordinance No. 355 C.S. Royal Oaks Estates to Modify Exhibit "A." lO.a. REPORT ADVISING THE CITY COUNCIL OF THE OAK PARK ESTATES HOMEOWNERS' ASSOCIATION'S INTENTION TO CONSTRUCT A SMALL ACCESS ROAD IN THE GREENBELT ADJACENT TO NOYES ROAD FOR THEIR LIVESTOCK Mr. Christiansen said this matter was advisory information for the Council. He said Staff has no problem with the Homeowners Association's intention of building a dirt access road into a pasture adjacent to Noyes Road. MICHAEL AND KIM WEINTRAUB of 193 Deertrail and Beth Pierce of 189 Deertrail expressed concerns about not being notified of the road and about traffic safety if animals were to get out of the pasture. TRACY DALE, president of the Oak Park Estates Homeowners Association and owner of the greenbelt adjacent to the lots on Deertrail, said all the correct and legal procedures had been followed for constructing the off-street access road to the pasture. He showed photographs to the Council of where the access road would be located. There was discussion of city liability, whether the Weintraubs and Mrs. Pierce were members of the Oak Park Estates Homeowners Association, and traffic safety issues. Mr. Dale said that Mr. Weintraub was not a member of the association that owned the greenbelt. city Attorney Art Shaw advised Mr. Weintraub that he could consult with a private attorney on the matter. Mayor Millis said he would be advising the Chief of Police of the possible traffic safety problems, and ask the Parking and Traffic Commission to take a look at the proposed road, if appropriate. 10.b.OAK PARK ACRES OPEN SPACE (35-ACRE GREENBELT PARCEL) Mr. Christiansen referred to his memo of April 6, 1989 and recommended that the Mayor appoint a subcommittee of the Council to study the ramifications of accepting the 35 acres. He said Reuben Kvidt, developer of Oak Park Acres, wishes to donate the land to the City. Mayor Millis appointed Council Members Smith and Dougall to meet with Mr. Kvidt and City Staff on the matter and make a recommendation to the Council. 10.c. RECOMMENDATION BY THE PARKS AND RECREATION COMMISSION FOR ARROYO GRANDE CHAMBER OF COMMERCE OFFICIAL CITY FLOWER DESIGNATION - "THE DAFFODIL" Mr. Christiansen said the Parks and Recreation Commission had recommended that the City of Arroyo Grande adopt the Daffodil as the Official City Flower. After Council discussion, Mayor Millis said there would be a Public Hearing scheduled on the matter in the near future. lO.d. CONSIDERATION OF REOUEST TO ADD TWO FEET OF FILL DIRT TO THE FRONT YARD. LOT 130. 400 EMERALD BAY DRIVE. TRACT 1390. ROYAL OAKS DEVELOPMENT (GREG MANOSAR) Mr. Christiansen said Staff had reviewed the request of Mr. Manosar and had no difficulty in recommending that the request be granted. Council Member smith expressed concerns about the adequacy of the City's retaining wall ordinance. Mayor Millis directed Staff to review the ordinance and report back to the Council. Moved by Olsen/Dougall (5-0-0) to approve Mr. Manosar' s request. -...-..-----. . -', lO.e. JAMES WAY EXTENSION BETWEEN TALLY H9 ROAD AND STATE HIGHWAY 227: REOUEST FOR AUTHORIZATION TO PROCEED WITH ENVIRONMENTAL DOCUMENTS Mr. Christiansen referred to the March 29, 1989 Staff Report of Mr. Karp, who recommended that the City Council authorize an expenditure of $30,040 from Gas Tax Funds to complete the environmental work in preparation to review the General Plan Amendment 89-1. After Council discussion, it was moved by Moots/Olsen (5-0-0) to approve the recommendation. 10. f. CONSIDERATION OF REOUEST BY TijE SOUTH COUNTY HISTORICAL SOCIETY THAT THE CITY COUNCIL ADOPT A RESOLUTION DESIGNATING THE OLD "ODD FELLOWS HALL" AS AN HISTORICAL LANDMARK OF THE CITY Mr. Christiansen referred to his memo of April 6, 1989 and . recommended that the Council adopt the resolution. LARRY TURNER, president of the South County Historical Society, corrected a date in the draft resolution, and said this was a first step toward making the Odd Fellows Hall a museum. There was Council discussion of the structural integrity and safety of the building. Moved by Olsen/Dougall (5-0-0, Olsen, Dougall, Smith, Moots and Millis voting aye) to adopt Resolution No. 2305 Designating the Old "Odd Fellows Hall" as an Historical Landmark of the City of Arroyo Grande. 10.a. ABANDONMENT OF A PORTION OF CORNWALL AVENUE BETWEEN THE PLAN LINE FOR NORTH HALCYON ROAD AND NORTH RENA STREET FOR THE PROPOSED POLICE FACILITY EXPANSION Mr. Christiansen referred to the April 6, 1989 Staff Report of Mr. Karp, who recommended that the Council adopt the resolution of intent setting a public hearing to consider the abandonment of a portion of Cornwall Avenue between the plan line for North Halcyon and North Rena Street. Moved by SmithjMoots (5-0-0, Smith, Moots, Dougall, Olsen and Millis voting aye) to adopt Resolution No. 2306 Setting Forth the City's Full Intention to Vacate and Abandon a Portion of Cornwall Avenue, in the City of Arroyo Grande, and Fixing Time and Place for Hearing as Provided by Government Code Section 50430, et seq. la.h. ADOPTION OF SCHOOL PLAN FOR MARG~ET HARLOE SCHOOL Mr. Karp referred to his staff Report of April 6, 1989 and recommended that the Council adopt by minute motion the attached copy of the school plan for Margaret Harloe School with the transmittal memo from Special Projects Engineer Dwayne Chisam, along with associated changes in pavement markings and future budget allocations for funding for crossing guards at two intersections. Mr. Karp commended Margaret Harloe School Parent- Teachers Association for its concern about safety at the school. He said Current Planner Scott Spierling also had worked on the report. Mr. Chisam explained the report, and showed the study area on a map on the wall. He said the safest routes to school for the children were studied, and there was analysis of warrants for stop signs, crosswalks and crossing guards. He said a priority system for installation of sidewalks in the study area had been set up. There were Council questions about similar plans for other schools, City liability, whether the city or School District should fund crossing guards, other possible spots where guards or crosswalks might be needed, and the need for additional traffic safety education for the students. - -"-'..~_.._-. -~--- .. DAVE. WILSON, Harloe School principal, brought a signed petition from the parents of students requesting approval of the Plan which included a recommendation for crossing guards. He said his school population would be 650 in two years. He thanked the City for the excellent Plan. Moved by Smith/Olsen to adopt the School Plan for Margaret Harloe School, hire or seek volunteer crossing guards for a full year establishing a pilot program to run in 1989/90 and be part of the City's budget. PATRICK KLEIN, a Harloe parent, asked the Council to fund crossing guards for the morning hours. Mr. Chisam said there is not the volume of children/traffic in the morning. The Mayor called for a vote on Council Member Smith's motion, and all Council Members voted aye. 10.i. BRIDGE STREET BRIDGE REPLACEMENT Mr. Christiansen referred to the April 6, 1989 Staff Report of Mr. Karp, who recommended that the Council consider whether it would desire to pursue bridge replacement prior to May 1, 1989, for Bridge Street bridge. Mr. Christiansen said the Council has two options, to replace the bridge or to rehabilitate the existing bridge. There was Council discussion of enforcement of the banning of trucks on the bridge, the May 1, 1989 deadline for this year's bridge replacement funding by the Federal and State governments, and the cost of a structural engineer to analyze rehabilitation of the bridge. CHUCK FELLOWS said there were quite a few people in the audience who want to save the bridge at the present site. He said even it if takes a year, the study should be done. Moved by Olsen/Dougall (5-0-0) to approve the hiring of a structural engineer to perform an analysis of the structure and make recommendations for rehabilitation of the existing bridge. WRITTEN COMMUNICATIONS None. ORAL COMMUNICATIONS Council Member Moots reported that he had received a request for weed abatement behind Taylor Place near Crocker's Lockers. CLOSED SESSION The Council adjourned to a Closed Session on personnel and litigation at 9:24 P.M. ADJOURNMENT The Council returned from Closed Session at 10:15 P.M. and immediately adjourned. MAYOR ATTEST: