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Minutes 1991-10-22 449 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 22, 1991 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 Mark M. Millis presiding. 1. & 2. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Randy Quimette, Arroyo Grande Fire Department Chaplain, delivered the invocation. 3. ROLL CALL Present were-Mayor Millis and Council Members A. K. "Pete" Dougall, M. P. "Pete" Gallagher, Gene Moots and B'Ann Smith. staff '", Members present were City Manager Chris Christiansen, City Attorney Judy Skousen, Deputy city Clerk Mary Ellen Leininger, Planning Director Doreen Liberto-Blanck, Current Planner Scott Spierling, Acting Public Works Director Dave Mulkey and Deputy Public Works Director Avelino Lampitoc. 4. APPOINTMENT OF COUNCIL MEMBER Mayor Millis said Council Member Gallagher had been appointed at a special meeting of the city Council on October 21, 1991. 5. ORAL COMMUNICATIONS None 6. CONSENT AGENDA It was moved by smith/Dougall, and the motion passed to approve Consent Agenda Items 6.0. through 6.H. , with the recommended courses of action. 6.D. October 8, 1991, city Council Minutes. Approved. 6.E. Third Quarter, Departmental Monthly Reports. Information. " 6.F. Letter of Resignation from Harold L. Moore, Member of the citizens Transportation Advisory Committee. Accepted with Regret. 6.G. Annual Gem and Mineral Show, October 25 - 27, 1991, and Use of Five Acres for Parking. Information. 6.H. September 16, 1991, parking and Traffic Commission Minutes. Information. Mayor Millis presented the following proclamations: 6.A. Proclamation, Honoring Doug Hamp, Director of Building and Fire. Accepted by Chief Hamp. 6.B. proclamation, VFW Buddy Poppies Annual Sale. 6.C. proclamation, Red Ribbon Week, October 19 - 27, 1991. _. Accepted by Mrs. Roger Freburg. 7. REGISTER OF CHECKS It was moved by Dougall/Smith, and the motion passed to approve Cash Disbursements in the amount of $656,925.76, as listed in the October 16, 1991 Staff Report of Finance Director David Bacon. -'\ 1 ---------. --.-.---- .~-~ -----.- 450 CITY COUNCIL MINUTES OCTOBER 22. 1991 8.A. CONTINUATION OF PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL OF (1) ENVIRONMENTAL IMPACT REPORT: ( 2 } ARCHITECTURAL REVIEW CASE NO. 90-457: (3 } PARCEL MAP CASE NO. 90-490: ( 4 ) 'I CONDITIONAL USE PERMIT CASE NO. 90-479: CENTRAL COAST BOWL. 1524 GRAND AVENUE: VICTOR AND BARCLAY MELLOUIST: ALEXANDER AND EDNA GAUSS: C. L. HENDERSON AND SUSAN P. READE: CONTINUED FROM COUNCIL MEETINGS OF SEPTEMBER 24. 1991 AND OCTOBER 8. 1991. Mayor Millis and Council Member Dougall said they may have conflicts of interests with this matter and left the room. Mayor Pro Tem Moots presided. city Attorney Skousen said the question had been raised as to ~ whether Council Member Gallagher had a conflict of interest which prohibited him from participating in the hearing on the appeal of the' Bowling Alley project due to the fact that he sat on the Planning commission at the time the issue was before the Planning Commission. She said there did not appear to be any conflict of interest, and the fact that he was on the Planning Commission was totally separate from the consideration of the appeal. She said he could sit and hear the appeal at this meeting. Current Planner Spierling referred to the September 24, 1991 Staff Report of the Planning Director, and described the proposed Bowling Alley site, using the overhead projector. He discussed on- site trees, drainage, traffic control and the Environmental Impact Report done on the project. He said the Planning commission recommended that the City Council adopt a resolution upholding the Planning commission's approval of the Central Coast Bowl project, certify the Environmental Impact Report, and deny the appeal. There were Council questions of Staff concerning the development of the entire site, criteria for number of parking places, underground drainage, egress from Courtland to the traffic light at Grand Ave., parking on courtland Street, the completion of Courtland with curbs, gutters and sidewalks, and drainage ponds and catch basins. After being assured that the Public Hearing had been duly published and all legal requirements met. Mayor Pro Tern Moots declared the hearing open and said all persons would be heard regarding the matter. There was a recess in the Public Hearing from 10:15 P.M. to 10:25 P.M. Speaking against the project on the basis of its size, its location, traffic, noise, potential crime in the area, inadequate EIR and affect on the quality of life were Anne Russell of Diehl " and Rodewald, Attorneys at Law, representing Mr. Henderson and Ms. Reade: Ms. Reade of 332 North Oak Park Blvd.; Don Schmelzer of 1231 l Brighton Ave., who presented a petition to the Council with 332 signatures: Mr. Henderson of 332 North Oak Park Blvd.; Walter Weidman, who read a letter from Peace~utheran Church; Mr. Melquist of 1380 Brighton; Eunice Cook of 170 Fairview; Mr. and Mrs. Gauss . of 221 North Elm st.; Faye Thompson of 266 Elm St.; Randy Garacci of 322 ,Courtland, and Andy Tennant of 913 Brighton Ave. There were letters to the council from Howard and Maureen Drew of 179 Fairview and Charles and Lisa Nichols of 350 Courtland opposing the project. Paul Torigian of 1223 Montego st. presented a petition to the Council with 108 signatures opposing a traffic barricade at Courtland and Brighton or any restriction of two-way traffic on Courtland. 2 - ---~------'-"--- -~-,.- 451 CITY COUNCIL MINUTES OCTOBER 22, 1991 Also submitted to the Council were photographs showing the environmental settings and impacts of bowling lanes in the neighboring cities of Atascadero, Paso Robles, pismo Beach, San Luis Obispo and Santa Maria. Speaking in favor of the project on the basis of the need for recreational facilities for all ages, improvement to the city, the elimination of truck traffic going north of the market on Courtland, and the additional revenue for the city were George Hill of 936 Woodland Drive, who presented petitions with 2,000 signatures; Merilee Peck Newdoll of 2755 Coastview Drive, developer of the project; Bernie Burke of 1227 priscilla Lane; Bill Clawson of 679 Corral Place; Mark Williams of Oceano; Sandy Lubin of 128 Via Bandolera, speaking for the Arroyo Grande Chamber of Commerce; Mrs. Williams; Duane Peck of 216 Crown Hill; Kimberlee Mitchell of Nipomo: Bob Wood of 471 Walnut; Jim McGillis of San Luis Engineering; camay Arad of 548 Allen; Madelyn Burke of 1227 " ! Priscilla Lane: David watson, a representative of the developers; Mark vasquez, architect on the project, and Doris Troll of 804 covington Drive. When no one further came forward to speak, Mayor Pro Tem Moots I closed the hearing to the public. ; Council Member smith asked questions and expressed concerns I' about drainage, the service bar, business hours, sound wall, location of the building in relation to courtland, driveways, I parking places, signage, location of the bowling alley on the lot, I and the fact that only the partial project is being put forth at ! this time. She said she was against any closing of Brighton or Courtland. At the request of Council Member Gallagher, Keith Higgins, traffic engineer on the project, discussed the quality of life impacts by traffic on the collector streets of Courtland and Brighton streets and the arterial streets of Grand Ave. and Oak Park Blvd. He said the project would be mitigating the traffic it creates. Council Member Gallagher asked the city attorney to discuss the "Goleta III" court case, and Ms. Skousen said that "Goleta III" said that you need not consider as a viable alternative a piece of property not owned by the developer. Council Member Gallagher said he was convinced that the city Manager and the Police Chief were satisfied that the crime issue was adequately covered. Council Member Moots said the city will make sure that the future developers of the front part of the lot will have adequate parking, although he would like to see a little more. He said he is not in favor of closing any streets. He said the issue of traffic on Courtland has been resolved. He said Arroyo Grande and ~" Grover City will be working to solve traffic problems on Oak Park Blvd. . , Council Member Gallagher asked Mr. Vasquez to discuss the sound impacts on Peace Lutheran Church. Mr. Vasquez said employee parking would be next to the church, and there would be a six-foot sound wall and landscaping to buffer the noise. Mr. Christiansen read the title of the proposed resolution approving the project. It was moved by Smith/Gallagher, and the motion passed to dispense with further reading of the resolution. It was moved by Smith/Gallagher to approve Resolution No. 2893 Upholding the Planning commission's Approval of Tentative Parcel 3 . -- - ---~------'.-_._.~~----- ---~- -.---- -~- '452 " CITY COUNCIL MINUTES OCTOBER 22, 1991 Map Case No. 90-490, Conditional Use Permit Case No. 90-479, Architectural Review Case No. 90-457, and certification of the Environmental Impact Report for the Central Coast Bowl project, and Denying the Appeal of the Above Decisions. Council Members Gallagher and Moots voted aye, Council Member Smith voted no, and Council Member Dougall and Mayor Millis were absent. The motion passed. Mayor Millis and Council Member Dougall returned to the dais. 8.B. CONTINUATION OF PUBLIC HEARING - DETERMINATION OF EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART; 513 BAKEMAN LANE '1 Ms. Skousen ' said the affected party had requested a continuance. It was moved by Moots/Smith, and the motion passed to I approve the request. Mayor Millis directed Staff to notify the , residents in the area before the meeting at which this item will be discussed. B.C. PUBLIC HEARING - APPEAL OF CONDITIONS OF APPROVAL PLACED BY PLANNING COMMISSION ON A PROPOSED OFFICE BUILDING. ARCHITECTURAL REVIEW CASE NO. 89-444; 122 LE POINT STREET. ARROYO GRANDE; MICHAEL C. THOMAS Mayor Millis and Council Member Dougall said they may have conflicts of interests and left the room. Mayor Pro Tern Moots presided. The Planning Director said the applicant had apparently left because of the late hour. It was moved by smith/Gallagher, and the motion passed to continue this agenda item to November 26, 1991. Mayor Millis and Council Member Dougall returned to the dais. 9.A HOOK RAMPS AT CAMINO MERCADO Mr. Christiansen said that Caltrans has awarded the bids, and hopefully the work will begin by December 1, 1991. " 9.B. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY No Report 10.A. REOUEST OF OTTSE. INC.. TO COMMENCE GRADING AND CONSTRUCTION OF TRACT 1994 PRIOR TO FINAL MAP RECORDATION; PHASE II (OCTOBER 1991-APRIL 1992) Mr. Christiansen said the applicant had requested that this item be continued to the next council meeting. The council agreed. 11.A. LETTER OF REOUEST FROM DAVID P. CANTRELL REGARDING INTERPRETATION OF A SECTION OF THE DEVELOPMENT CODE; SPECIFICALLY. INTERIOR SIDE YARD SETBACK FOR A SINGLE-FAMILY RESIDENCE l Mayor Millis and council Member Dougall said they may have conflicts of interests and left the room. Mayor Pro Tern Moots presided. Mr. Christiansen referred to the october 4, 1991 letter from David'p. and Robinette cantrell. He said when the new Development Code was adopted, side-yard setbacks were increased five feet; specifically, the requirement is now five feet on one side and ten feet on the other. He said prior requirements were five and five. He said this new requirement has basically made numerous single family homes throughout the city non-conforming, including Mr. and Mrs. Cantrell's home. He said Mr. and Mrs. Cantrell wish to enclose an area that is already under-roof and feels that the Code does not ~pply in this instance because it is already under-roof, although not enclosed. 4 -~~-- -_._--~-- 453 ! CITY COUNCIL MINUTES OCTOBER 22, 1991 It was moved by Smith/Gallagher (3-0-2, Smith, Gallagher and Moots voting aye, Council Member Dougall and Mayor Millis absent) to approve the applicant's request and make the interpretation that the Cantrells are not encroaching into the setback, that the home is already there and that the Council makes an exception to the law in this case only. There was Council discussion of the new Development Code setbacks, and there was consensus that requests to make setback changes by owners of existing lots of record should be decided by " the City on a case by case basis. Mayor Millis.and Council Member Dougall (Corrected 11/26/91) returned to the dais. I ~ 11.B. 1991-1992 ANNUAL TRANSPORTATION FUND CLAIM I It was moved by Smith/Dougall (5-0-0, smith, Dougall, Gallagher, Moots and Mayor Millis voting aye) to approve Resolution No. 2894 Approving the 1991-1992 Annual Local Transportation Fund Claims to the San Luis Obispo Area Coordinating Council. 11.C.(1I NO PARKING AT 104 AND 119 IKEDA WAY (HUASNA ROAD FRONTAGE\ It was moved by smith/Dougall (5-0-0, Smith, Dougall, Gallagher, Moots and Millis voting aye) to approve Resolution No. 2895 Establishing a "No Parking" Zone on a Portion of Huasna Road (Huasna Road Frontage of 119 and 104 Ikeda Way). 11 . D. ( 2 \ LIMITED PARKING AT 540 TRAFFIC WAY (INCLUDING DOWER WAYSIDE PARK\ (l-HOUR PARKING} It was moved by Dougall/Moots (5-0-0, Dougall, Moots, Gallagher, Smith and Millis voting aye) to approve Resolution No. 2896 Establishing a Sixty Minute Parking Zone on a Portion of Traffic Way (540 Traffic way Including Dower Wayside Park Frontage) Encompassing a Minimum of Eight Parking Spaces. 12. WRITTEN COMMUNICATIONS None 13. ORAL COMMUNICATIONS Mr. McGillis, Mr. Vasquez and Bob Montgomery of 1130 Vard Loomis Lane spoke to the issue of the new Development Code setbacks and how they apply to existing lots of record. Council Members directed Staff to place this item on the next Council meeting agenda. Staff was also directed to meet with Mr. McGillis, Mr. Vasquez, Mr. Montgomery and members of the Ikeda family to discuss this issue. Mayor Millis announced that it was his intention to appoint at the next meeting Camay Arad to the City's Teen Advisory Committee. 14. CLOSED SESSION The City Attorney requested that Council adjourn to a Closed Session pursuant to Government Code section 54956.9a to discuss pending litigation concerning Ellsworth/Pace vs. City of Arroyo " ~ Grande, and Kawaoka vs. city of Arroyo Grande. It was moved by smith/Moots, and the motion passed to adjourn at 12:20 A.M. 15. ADJOURNMENT The Council reconvened, and on the unanimously approved motion of Moots/Douga", '..ed'at.,y adjourned at ""~ ~ ~ ~.A1~~ ~ a ~ MA K M. MILLIS, MAYOR ATTEST: . NANCY A. VIS, CITY CLERK 5 __...._... ..._,.__~ ___.__ _______.. ..........u..._. _ ... _ _'m .-.---.-.------