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Minutes 1989-03-14 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 14, 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 Council Member B'Ann smith delivered the invocation. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and smith. ORAL COMMUNICATIONS None. CONSENT AGENDA Moved by Smith/Dougall (5-0-0j"to approve Consent Agenda Items 5.d, 5.e., 5.f., 5.g., 5.h. and 5.j., with the recommended courses of action. 5.d. February, 1989, Investment Report. Information. S.e. Liability Claim, Darrell S. Parker. Claim rejected. 5.f. Liability Claim, Sharron Liz Williamson. Claim rejected. 5. g. Acceptance of Modification of Traffic Signals on Grand Avenue at Elm Street, Project No. 90-88-l, Accepted and approved. 5.h. Progress Payment for Construction of Woman's Club Parking Lot; Phase I and Phase II; Project No. 80-88-3. Approved. 5.j. Approval of Tract 1624, 310 South Halcyon Road ( Smi th and Company) . Accepted and approved. Moved by Dougall/Olsen (5-0-0) to approve Consent Agenda Items 5.a. and 5.c. I with the recommended courses of action, and the withdrawal of 5.b. from the agenda. 5-.a. Mayor Millis read the Girl Scout Week (March 12-18, 1989) proclamation. Accepting for the Girl Scouts was Debra Roberts. 5.c. February 28, 1989, City Council Minutes. Approved. Council Member Moots said he would abstain from voting because of a possible conflict of interest. Moved by smith/Dougall (4-0- 1, Smith, Dougall, Olsen and Millis voting aye, Moots abstaining) to approve Consent Agenda No. 5.i. Water System Improvements Governed by Ordinance No. 355 C.S., Royal Oaks; Tract 1390. REGISTER OF WARRANTS Moved by Olsen/Dougall ( 5'-0-0 ) to approve the cash disbursements listed in the March 8, 1989 Staff Report of Finance Director David Bacon. PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 88-471/PD ORDINANCE AMENDMENT CASE NO. 89-214 AMENDING DEVELOPMENT ORDINANCE NO. 355 C.S. TO REFLECT PROPOSED LOT LINE ADJUSTMENT. .ROYAL OAKS ESTATES. JAMES WAY (TRACT 1390); (REPRESENTED BY ENGINEERING DEVELOPMENT ASSOCIATES ) . Current Planner Scott Spierling referred to the Staff report 1 of Planning Director Doreen Liberto-Blanck, which said the Planning Commission recommended adoption of a resolution (1) Approving Lot Line Adjustment No. 88-471; (2) approving Planned Development Ordinance Amendment No. 89-214; (3) adopting the Negative Declaration, and (4) instructing the city Clerk to file a Notice of Determination. Council Member Moots said he would abstain from discussion and voting on this item because of a possible conflict of interest. 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. KEITH CROWE of EDA said he concurred with the Staff report, and would answer any questions from the Councilor the public. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor.' Moved by Olsen/Smith (4-0-1, Olsen, Smith, Dougall and Millis voting aye, Moots abstaining) to adopt ~esolution No. 2303 Approving of Lot Line Adjustment Case No. 88-471 Between James Way and Rodeo Drive in Tract 1390 and Adoption of the Negative Declaration. Mr. Christiansen read the title, and it was moved by Dougall/Smith (4-0-1, Dougall, Smith, Olsen and Millis voting aye, Moots abstaining) to approve the first reading of an Ordinance Amending Ordinance No. 355 C. S. Royal Oaks Estates to Modify Exhibit "A" by Adjusting the Lot Lines Between Lot B and Lot l82 and Between Lot 182 and Lot 184. PUBLIC HEARING - APPEAL OF A PLANNING COMMISSION DENIAL OF A HOME OCCUPANCY PERMIT TO ALLOW FOR CUTTING MILLINERY. 1219 MONTEGO DRIVE (JANE MC LAIN) Mayor Millis said he would not be taking part in the discussion or voting on this matter because he lives within 300 feet of the appellant. He then left the room. Mayor Pro Tern Smith presided at the balance of the hearing. Planning Director Doreen Liberto-Blanck referred to her March 6, 1989 Staff report, and recommended that the City Council uphold the Planning Commission's denial of a Home Occupation Permit at 1219 Montego Drive. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Pro Tem Smith declared the hearing open and said all persons would be heard regarding the matter. STEVE COOL, 1577 EI Camino Real, attorney for the appellant, said that in July, 1988 the city notified Mrs. McLain that she should apply for a Home Occupancy Permit. He said that in August, 1988 Mrs. McLain rented a commercial site on Grand Avenue. He said she has her sewing machines at that business site, and also does packing and shipping from there. He said Mrs. McLain uses her home for cutting fabrics only, that the main portion of the business has been moved to Grand Avenue, and that only a secondary home business permit was needed at this time. He said the Council could grant Mrs. McLain 60 days to prove that there would be no disruption to the neighborhood. He showed the Council a photograph of Mrs. McLain's cutting table in her garage with her automobile. City Attorney Art Shaw asked Mrs. McLain if she has a business license for her operation on Grand Avenue. She replied in the negative and said she would be getting one. MRS. MCLAIN spoke on her own behalf, as did NANCY SIPES of 2 1410 Hillcrest Drive and ROSE TORIGIAN of 1223 Montego street. Speaking against the appeal and in favor of the denial were KEITH BOLLER of 1226 Montego Street and MAX POOLE of 1207 Montego Street. They said a business such as Mrs. McLain's should not be conducted in a residential neighborhood. There being no further public discussion on the matter, Mayor Pro Tem smith closed the hearing to the floor. After Council discussion, it was moved by Olsen/Dougall (4-0- 1, Olsen, Dougall, Moots and Smith voting aye, Millis absent) to uphold the Planning Commission decision and deny the appeal based on the following fi.ndings: L The project will have an effect upon the public health, safety and general welfare of the neighborhood involved and the City at large, because it appears a full time business is being conducted from 1219 Montego, along with large amounts of material storage; 2. The project will have an effect upon traffic conditions, because of the number of truck deliveries and pick-ups; 3. There will be an effect upon the orderly development of the area in question, and the City at large in regard to the general planning of the whole community because an apparent manufacturing use is being conducted in a residential zone. It was moved by Olsen/Dougall (4-0-1, Olsen, Dougall, Smith and Moots voting aye, Millis absent) to allow Mrs. McLain 30 days to close down her business at 1219 Montego Drive. HOOK RAMPS AT CAMINO MERCADO No report. POST OFFICE CIRCULATION Council Member Dougall said the mail drop box will be placed on Traffic Way across from the Post Office in the near future. WEST BRANCH STREET/GRAND AVENUE/TRAFFIC WAY CIRCULATION city Manager Chris Christiansen said according to the schedule the Planning Commission will be considering the General Plan Amendment on March 21, 1989, and the Council will be discussing it on April 11, 1989. Mayor Millis requested that Staff notify property owners, on both sides of the' street and the whole area, of the Planning commission's General Plan Amendment public hearing. PROPOSED POLICE FACILITY EXPANSION Mr. Christiansen referred to his memo of March 10, 1989 and recommended that the City Council approve the employment of RMO Architects to design and oversee the construction of the expansion of the police facility. Architect Tony Orefice said the project would take approximately one year to complete. After Council discussion, it was moved by smith/Moots (5-0-0) to approve Mr. Christiansen's recommendation. WATER REPORT Council Member Olsen discussed the City's future water situation and the State Water Project. She recommended that there be an advisory election on whether or not to purchase State water; that the Planning Commission consider water use in all its deliberations; that Staff discuss water use with the Planning Commissioners; that the City establish a policy on planting for large lots, and that a committee be set up to work on this, with 3 Clarke Moore as one of the members. She suggested that the Public Works Director prepare a technical report on the city's current water situation and other aspects of the State Water Project. She said a focused EIR probably will be required. A date for the advisory election was discussed and Council Member Olsen said she would report back on the matter. RESOLUTION ACCEPTING PARCEL 1 OF PARCEL MAP AG 87-203 FROM MID COAST LAND COMPANY AND OTHERS. WEST BRANCH STREET Council Member Moots said he would abstain from the discussion and voting due to a possible conflict of interest. Mr. Christiansen said that the City had just learned that the County will use its parcel as collateral for a certificate of Participation. He said the County has requested that the city authorize the Public Works Director to sign the parcel map so that it can be recorded and become a. legal lot and the County can proceed. He said the city Attorney has gone over the escrow instructions and Staff had discussed the matter thoroughly and he has no difficulty with the position. Council Member Smith had questions and concerns about the condition requiring that the land be used for municipal office space. Mr. Christiansen said municipal office space would include typical office uses, and that there would be time to discuss the matter with the County. Mayor Millis said the issue before the Council was whether to accept the land with conditions. Moved by Dougall/Smith (4-0-1, Dougall, Smith,. Olsen and Millis voting aye, Moots abstaining) to approve Resolution No. 2293 Accepting Parcel 1 of Parcel Map AG 87-203 from Mid Coast Land Company and Others. REOUEST FOR SPECIAL CONSIDERATION TO BUILD A PATIO COVER. LOT 54. ROYAL OAKS DEVELOPMENT (JOHN AND CHARLOTTE GRIF~ Speaking in favor of the request were the applicant MRS. CHARLOTTE GRIFFIN, who said the spa and patio cover were necessary for her husband's health, and BILL LACKEY, developer of Royal Oaks, who said the request would not be detrimental to anyone. After Council discussion, it was decided that Council Members would visit the site and continue this item to the meeting of March 28, 1989. TRAFFIC FUND ADVISORY COMMISSION Council Member Dougall referred to his report of March 14, .1989, which recommended that a committee be set up to study the funding of traffic improvements in the city. There . was Council discussion. of holding a Council study session on the matter, receiving more input from Staff, and establishing an ad hoc committee of the Council and Staff. Moved by Dougall/Moots (5-0-0) to establish an ad hoc committee of the Council, with appointments to be made at the March 28, 1989 Council meeting. DECLARATION OF SURPLUS EOUIPMENT Moved by Dougall/Smith (5-0-0, Dougall, smith, Olsen, Moots and Millis voting aye) to approve Resolution No. 2294 Declaring Items to be Placed on a Surplus Property List for Sale or Auction. TEMPORARY STREET CLOSURES. ROYAL OAKS. TRACT 1390 Mr. Christiansen referred to his memo of March 10, 1989. He said that the Royal Oaks developer proposed to block certain streets in the development in such a manner as to prevent vehicle access. He said Staff cannot recommend this approach due to the 4 fact that fire and police vehicles would be unable to enter. He recommended blocking the streets with sawhorses so that emergency fire or police access could be achieved. MR. LACKEY, 575 Easy street, said he needs to use the streets for storage of materials and dirt and for access 'by concrete and pumping trucks. He said there had been a lot of theft of building materials. He said closure would be for the public safety. After Council discussion, it was moved by smith/Dougall to allow the requested barricade between Lots 341 and 361 for 30 days, with the stipulation that the developer sign an agreement to abide by the three articles required in the March 6, 1989 Staff report of Director of Building and Fire Doug Hamp. There was further Council discussion, and Fire Inspector Phil Panos said the Fire Department recommendations should be accepted. The Mayor called for the vote, and the Council denied the motion (Smith and Dougall voting aye, Olsen and Millis voting no, and Moots abstaining because of a possible conflict of interest). Mr. Christiansen repeated his recommendation. Police Chief Clark said his department is concentrating on more. protection for Royal Oaks. The Council directed Staff to work with the developer on closing the streets with temporary barricades on a 24-hour day as needed basis. Mr. Karp requested that the developer submit a barricade plan and show where the lumber will be stacked and how he wished to delineate the obstacles. RECOMMENDATIONS OF THE PARKING ~D TRAFFIC COMMISSION Moved by Moots/Smith (5-0-0, Moots, Smith, Olsen, Dougall and Millis voting aye) to approve Resolution No. 2295 Establishing a "No Parking" Zone on a Portion of Bridge Street (227 Bridge Street) (Municipal Code Sec. 2-7.04). Moved by Dougall/Smith (5-0-0, Dougall, Smith, Olsen, Moots and Millis voting aye) to approve Resolution No. 2296 Establishing a "No Parking" Zone on a Portion of Rancho Parkway (Commercial Portion) (Municipal Code Sec. 2-7.04). Moved by Dougall/Moots (5-0-0, Dougall, Moots, Olsen, smith and Millis voting aye) to approve Resolution No. 2297 Establishing a Policy to Prohibit Left Turns onto Bridge street from the U.s. Postal Drop Box Island at the Intersection of Traffic Way and Bridge Street. Moved by Moots/Dougall (5-0-0, Moots, Dougall, Olsen, Smith and Millis voting aye) to approve Resolution No. 2298 Establishing a Limited Parking Zone on a Portion of El Camino Real (Supersedes Resolution No. 1171) . Mr. Karp said this is the Caltrans Ride Share space. Moved by Dougall/Moots (5-0-0, Dougall, Moots, Smith, Olsen and Millis voting aye) to approve Resolution No. 2299 Repealing Resolution No. 1885 Which Established a No Parking Zone on the West side of Traffic Way (330 Traffic Way). GRANT APPLICATIONS: STREAM RESTORATION PROGRAM: CALIFORNIA DEPARTMENT OF WATER RESOURCES. 1988-89 GRANT CYCLE Mr. Christiansen referred to the March 6, 1989 Staff report of Mr. Karp. Moved by Dougall/Smith (5-0-0, Dougall, Smith, Moots, Olsen and Millis voting aye) to approve Resolution 2300 Authorizing an Application to the State Department of Water Resources for Grant Funds Under the Urban Stream Restoration program Entitled City of Arroyo Grande, Arroyo Grande Creek Stabilization Project, February, 1989. 5 CHANGE TO THE STREET SWEEPING CONTRACT Mr. Christiansen referred to the March 7, 1989 Staff report of Mr. Karp, who recommended that the City Council authorize a change to the street Sweeping Agreement to permit reduction of the performance bond to the equivalent of the cost of one month of service, rather than 100 per cent of the yearly first bid as stipulated in the agreement. He said in exchange and consideration for the change, the contractor has agreed to waive his right to holiday pay during which no sweeping is performed. He said these changes may be accomplished by authorizing the Mayor to execute the addition to the covenants for lnclusion wi thin the Street sweeping Agreement. Moved by Smith/Dougall (5-0-0) to approve the recommendation. COUNTY HAZARDOUS WASTE MANAGEMENT PLAN ROBERT S. HOLDEN, County Environmental Health Officer, spoke to the Council. He said that there will be time for the cities to adopt the Hazardous Waste Management Plan into their own General Plans, and the cities will have the authority to be more stringent on the siting of the hazardous waste facilities. Moved by Dougall/Smith to approve Resolution No. 2301 Approving the San Luis Obispo County Hazardous Waste Management Plan, with Concerns as listed in "Exhibit A" incorporated into the Resolution. . council Member Moots questioned Mr. Holden on who determines where the sites will be, and how many there will be. Mr. Holden said the County Staff and the Waste Management Commission decided where the sites will be. He said there are six sites listed in the Plan. The Council approved the Resolution, with Council Members Dougall, smith and Millis voting aye, and Council Members Moots and Olsen voting no. . ABATEMENT OF PUBLIC NUISANCE AT 1203 GRAND AVENUE Mr. Christiansen referred to the Staff report of Chief Hamp, who recommended that the City Council approve a Resolution finding that a Public Nuisance may exist at 1203 Grand Avenue. Moved by Smith/Dougall (5-0-0, smith, Dougall, Olsen, Moots and Millis voting aye) approving Resolution No. 2302 That a Public Nuisance May Exist at 1203 Grand Avenue. URGENCY ORDINANCE AMENDING THE ZONING ORDINANCE TO REOUIRE USE PERMIT REVIEW OF ALL COMMERCIAL PROJECTS PROPOSING TO UTILIZE PARKING STRUCTURES TO SATISFY PARKING REOUIREMENTS Mr. Shaw said this Government Code has been used before for moratorium purposes. He said the city is trying to make it easier on anyone who proposes a parking structure by not prohibiting plans entirely but by allowing the Planning Commission to put appropriate conditions on their use until such time as the Zoning Ordinance is revised to cover parking structures specifically. There were Council questions of Staff, and Council comments on the fact that it needs to study parking structures and develop standards to follow. speaking against the proposed Urgency Ordinance were DAVID BLANCO of the Grand Central Partnership; DALE AMBLER, a partner in Grand Central Station; ALAN HUGHES, a partner in Grand Central Station; DALE WEISL, architect for Grand Central Station, and JAMES SEXTON, a partner in Grand Central station. Points covered in their talks were (1) it has taken too long to get their project approved, (2) statements in Chief Clark's March 1, 1989 memo to the Council were inaccurate, (3) the project has only partial underground parking, (4) the project design takes advantage of the natural setbacks and is an alternative to 15 foot retaining walls, and (5) the proposed ordinance is aimed specifically at this 6 ----- - r _ project. After Council discussion, it was moved by Moots/Olsen (5-0-0, Moots, Olsen, Smith, Dougall and Millis voting aye) to adopt Ordinance No. 405 C.S., an Urgency Ordinance Amending the Zoning Ordinance to Require Use Permit Review of All Commercial Projects Proposing to Utilize Parking Structures to Satisfy Parking Requirements. WRITTEN COMMUNICATIONS None. - ORAL COMMUNICATIONS Council Member Smith requested background on senior housing at Leisure Gardens. Mr. Christiansen said the City Council has passed Resolution No. 1986 supporting senior housing there, but the Resolution had no force of law. Mayor Millis said it was nice to see the City's trophy cabinet back in the Council Chambers lobby. ADJOURNMENT Mayor Millis announced that there would be no Closed Session. The Council adjourned at 10:22 P.M. MAYOR ATTEST: CITY CLERK