Minutes 1997-09-23
~ , . . 417
"
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, SEPTEMBER 23,1997
COMMUNITY CENTER AND WOMAN'S CLUB
211 VERNON STREET
ARROYO GRANDE, CALIFORNIA
1, CALL TO ORDER
The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m.,
with Mayor A. K. "Pete" Dougall presiding.
2. AND 3. FLAG SALUTE AND INVOCA TtON
Larry Tumer of the South County Historical Society led the Flag Salute. The
Reverend Paul Bautts of Bethel Baptist Church, Grover Beach, delivered the
invocation.
4, ROLL CALL
Present with Mayor Dougall were Mayor Pro Tern Michael Lady and Council
Members Michael Fuller, Thomas A. Runels, and Steve Tolley. Staff Members
present were City Manager Robert L. Hunt, City Attorney Timothy J. Carmel, City
Clerk Nancy Davis, Community Development Director Doreen Liberto-Blanck,
Assistant Public Works Director Craig Campbell, Associate Engineer Jill
Peterson, Chief of Police Rick TerBorch, and Director of Building and Fire and
Interim Parks and Recreation Director Terry Fibich.
5, SPECIAL PRESENTATIONS
a. Proclamation - "Fire Prevention Week," October 5-11, 1997. The
proclamation was accepted by Fire Chief Fibich.
b. Proclamation - "Youth Awareness and Recognition Month," October, 1997.
The proclamation was accepted by Council Member Tolley, who is a member
of the South County Youth Coalition.
6, AGENDA REVIEW
City Manager Hunt said a document concerning Agenda Item 10.a. had been
placed on the dais for Council Members.
6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y
It was moved by Lady/Fuller and the motion passed unanimously that all
resolutions and ordinances presented at the meeting be read in title only and all
further reading be waived.
J.l. 8 . CITY COUNCIL MINU .S
SEPTEMBER 23, 1997
7.A. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION
INTERPRETATION THAT SERVICE STATION FUEL PUMPING PARKING
SPACES ARE NOT COUNTED AS REQUIRED PARKING SPACES -
BURGER KING
City Manager Hunt said his spouse was doing work for Khatchik Achadjian, one
of the appellants, and though the 'NOrk she is doing is on a 100 percent volunteer
basis, to remove even the perception of conflict of interest, he had not
participated in the preparation of the staff report and, with the Council's
indulgence, he would excuse himself from this public hearing.
Community Development Director Liberto-Blanck said appellants Mike Humerian
and Mr. Achadjian recently submitted an amendment to their Conditional Use
Permit allowing for the use of a service station, convenience store, and office
within one building located at 525 Traffic Way (existing Mobil Station). She said
Mr. Humerian and Mr. Achadjian wished to convert approximately 1,000 square
feet of convenience store area to a fast food restaurant with take-out and drive-
through. She said the Planning Commission unanimously denied the
interpretation that the fuel pumping parking spaces be counted as required
parking, as the appellants had requested.
After Council questions of staff and after being assured that the Public Hearing
had been duly published and all legal requirements met, Mayor Dougall declared
the hearing open and said all persons would be heard regarding the matter.
Mark Gammon of RMO Architects said the City ordinance does not specifically
address .this specific kind of use and 90 percent of the cars parked on site are at
the gas pumps. He showed a colored sketch showing a parking scheme with
landscaping. He requested that if it is found that 13 parking spaces are needed,
the four canopy spaces be counted.
Mr. Humerian, who also owns the Grover Beach Burger King franchise; said the
proposed restaurant would have a limited menu and sales would not be as high
as a regular Burger King. He said the Grover Beach Burger King only has eight
vehicle stacking places, whereas the proposed one will have nine. He said
customers would order their food at a box and pick it up at a window. He said
noise and emissions could be controlled.
Mr. Achadjian said interior traffic congestion could be controlled because peak
periods for his gasoline station are in the morning and evening and for the drive
through restaurant from 12:45 to 1 :00 p.m. He requested that the Council study
the busy ARC 0 station where there is a food market in addition to gasoline.
Marlene Johnson, co-owner of the adjacent Vagabond Mobile Home Park, said
there was a need for more parking for employees. She said she was concerned
about left turns and the fast-moving traffic coming off the freeway.
2
. ' CITY COUNCIL MINU' " 419
.)
SEPTEMBER 23,1997
When no one further came forward to speak, Mayor Dougall closed the hearing
to the floor.
Council Members discussed the possibility of the appellants getting a variance.
possible internal traffic problems at the station/restaurant, the effects on the
neighbors, counting the office parking spaces for the restaurant parking, a
proposed stop sign at the northbound freeway off~ramp, a study of businesses
with similar uses to see how much parking is needed.
It was moved by Fuller/Lady to continue the appeal hearing in order to have time
to look at alternative options such as a variance; to do a study, paid for by the
appellants, to learn how much parking is needed for these new mixed uses; to
learn how Development Codes in other cities deal with the issue, and to
investigate if Caltrans will approve a stop sign at the freeway off-ramp.
Council Member Tolley said the Development Code should be amended to
permit the proposed use at the Mobil Station. Mayor Dougall said that could
come up when the General Plan is updated.
The motion passed on a roll call vote with Fuller, Lady, Tolley, Runels, and
Dougall voting aye.
City Manager Hunt returned to his place at the staff table.
8. PUBLIC COMMENT PERIOD
Ernest Sarina, 435 Le Point Street, spoke about drainage problems on his
property .
Leslie Sherman, 200 Tally Ho Road, said she was concerned about flooding of
Tally Ho Creek during the rainy season and asked for City help in clearing the
creek.
9. CONSENT AGENDA
Council Member Fuller said he would like to pull Item 9.f. for discussion and
Council Member Tolley said he would not be voting on Item 9.f. because of a
potential conflict of interest.
It was moved by Runels/Fuller and the motion passed unanimously to approve
Consent Agenda Items 9.a. through 9.e., 9.g., and 9.h., with the recommended
courses of action.
9.a. Cash Disbursements. Approved.
9.b. Minutes of City Council Meeting of September 9, 1997. Approved.
9.c. Authorization to Approve Payment to Pacific Sod. Payment Approved.
3
~ 2.0. CITY COUNCIL MINU', .3
SEPTEMBER 23, 1997
9.d. Authorization to Solicit Bids for Purchase and Installation of Carpet for City
Hall. Advertisement of Bids was Authorized.
9.e. Award of Bid for Two New Pickup Trucks. The bid was awarded to Mullahey
Ford.
9.g. Award of Contract for Preparation of the Berry Gardens Specific Plan
Environmental Impact Report. Contract Awarded to Firma.
9.h. Award of Contract for the Arroyo Linda Crossroads Specific Plan Report
(Frederick). Contract Awarded to Impact Sciences Inc. of Agoura Hills.
Speaking about item 9.f. Inspection Services for the Central Coast Town Center,
Council Member Fuller said he hoped whomever is hired to be an inspector on
the project would be encouraged to report to the Council should he/she run into
trouble or be given a hard time.
It was moved by Fuller/Lady and the motion passed, with Fuller, Lady, Runels,
and Dougall voting aye and Tolley abstaining, to approve Item 9.f. Inspection
Services for the Central Coast Town Center.
1 O.A. PRELIMINARY DRAFT MOBILE HOME RENT CONTROL ORDINANCE
Community Development Director Liberto-Blanck said on February 25, 1997, the
City Council directed the City Attorney to revise the City's Mobile Home Rent
Stabilization Ordinance. She said since that time 317 copies of the draft have
been mailed to interested individuals and 101 letters have been received in
opposition and 46 letters received in support of the proposed ordinance. She
said two predominate issues are the provisions to exclude resident-owned mobile
home parks and the use of an administrative hearing officer instead of a mobile
home rent review board.
Ms. Liberto-Blanck said the Mayor had met on four occasions with
representatives (owners and renters) of the Sunrise Terrace Mobile Home Park
in an effort to mediate differences. She said in addition Council Members have
met individually with local park owners and a representative from the Western
Mobile Home Parkowners Association (WMPA) to discuss a lease proposal
offered by WMPA.
The Community Development Director said owners and renters from Sunrise
Terrace have submitted a letter dated September 17th requesting a minimum 90-
day continuance. She said according to the letter, the owners and renters have
reached a tentative agreement on a proposed long-term lease.
Doris Troll, president of Sunrise Terrace Mobile Home Park Owners Association,
requested that if the draft ordinance is adopted, the section exempting non-profit
4
-. 421
CITY COUNCIL MINU .5
SEPTEMBER 23,1997
resident owned parks be retained and allow park owners to negotiate leases with
the renters. She said there was a tentative agreement between the owners and
renters of her park and asked for a 90-day extension for two reasons: (1) to allow
the owners and renters of Sunrise Terrace to finalize the tentative agreement and
(2) grant them the opportunity to discuss the proposed lease with other mobile
home park owners and renters in Arroyo Grande.
Others speaking were William Vanderheyden, President of the Sunrise Terrace
Mobile Home Park Renters Association; Dick Hart, 1241 Fa rro II Avenue;
Charlene Hall, Golden State Mobile Home Association; Ed Otto, 311 Sunrise
Drive; David Evans, Western Mobilehome Park Owners Association Senior
Regional Representative; and Phillip McQuown, 288 Sunrise Drive.
Council Members discussed the possibility that the existing Mobile Home Rent
Stabilization Ordinance may not be needed if leases are drawn up between the
owners and renters of the parks. The Council complimented Mayor Dougall on
his work with the groups to settle the dispute.
It was moved by Runels/Lady and the motion passed unanimously to approve
the request for the 90-day continuance to give the park owners and renters an
opportunity to work out long-term leases.
THE COUNCIL RECESSED FOR FIVE MINUTES AT 9:40 P ,M.
11,A. PREP ARA TIONS FOR WINTER STORMS. 1997-98
Assistant Public Works Director Campbell said there is a high probability that this
Winter's storm season will be intense due to the EI Nino weather pattern. He
said although generally prepared, the City has typically responded to
emergencies in a conventional fashion. He said this year the Public Works
Department has advanced preparations and, together with other departments, is
proposing emergency preemptive projects to best prepare the City in those areas
that have traditionally experienced flooding and storm-related problems. He
discussed efforts the City has made to date on the matter, scheduling, and future
actions.
Council Members supported staffs recommendations. It was moved by
RunelslTolley and the motion passed unanimously to authorize the appropriation
of funds for the proposed projects/activities to offset the anticipated impacts from
this Winter's EI Nino storms.
11,B, APPLICATIONS FOR REGIONAL STATE HIGHWAY ACCOUNT (SHA)
Associate Engineer Peterson said on August 6, 1997, the San Luis Obispo
Council of Governments (SLOCOG) Board approved policies, guidelines, and
funding targets for the SHAlSTP program. She said on August 15, 1997,
SLOCOG staff distributed funding applications for the SHAlSTP program to the
local jurisdictions requesting applications be submitted by October 15. 1997.
5
~ 2. 2 : . CITY COUNCIL MINU' ~. -
..
.)
SEPTEMBER 23, 1997
She said projects submitted to SLOCOG for funding should be listed in priority
order. She listed the six Regional SHA eligible projects.
Council Members discussed prioritization of the six projects. It was moved by
Runels/Lady and the motion passed unanimously to prioritize the projects as
follows:
1. EI Campo Road/Route 101 Project Study Report (PSR)
2. Brisco Road/Halcyon Road/Route 101 Project Study Report (PSR)
3. Grand Avenue Reconstruction - Elm Street to Halcyon Road
4. Grand Avenue Corridor Study
5. Bikeway Project One, Paulding Middle School Bicycle Lanes
6. Branch Mill Road Bicycle Lanes
It was moved by Runels/Fuller (5-0-0, with Runels, Fuller, Lady, Tolley, and
Dougall voting aye) to adopt Resolution No. 3252 Declaring Arroyo Grande's
Interest in Obtaining Regional State Highway Account (SHA) Funds Allocated to
the City for Various Highway, Street, Road, and Bikeway Purposes.
11,C, AUTHORIZATION TO SOUCIT BIDS - FOG/CHIP SEAL ROADWAY
REPAIRS
Assistant Public Works Director Campbell said staff had prepared a draft 20-year
Pavement Management System (PMS) report for the City (currently scheduled
for Council's review at its October 14, 1997 meeting). He said using the PMS
computer software, staff had produced a list of roadway maintenance projects
assuming a first year budget of $115,000. He referred to the listing of roadway
projects recommended by staff for the approved FY 1997/98 Fog/Chip Seal
Roadway Repairs budget.
It was moved by RunelslTolley and the motion passed unanimously, to:
1. Authorize the advertisement of construction bids for the Fog/Chip Seal
Roadway Repairs capital improvement project;
2. Find that the project is categorically exempt from CEQA pursuant to Section
15301 (c) (repair and maintenance of existing streets with no expansion of
use beyond that previously existing and where no activity will involve the
removal of a scenic resource), and
3. Direct staff to file a Notice of Exemption.
6
. . 423
, CITY COUNCIL MINU' ...
.)
SEPTEMBER 23,1997
12. CITY COUNCIL REPORTS
(a) Mayor Dougall
(1) South San Luis Obispo Sanitation District (SSLOCSD) - Pavement is
being installed at the plant; an open house is planned. .
(2) Local Agency Formation Commission (LAFCO) - No Report
(3) Economic Development Committee - An economic development plan is
being completed
(b) Mayor Pro Tern Lady
(1) South County Area Transit (SCAT) - No Report
(2) San Luis Obispo Council of Governments (SLOCOG) - Work is beginning
on the Highway 101 emergency call boxes; an agreement for a
management audit was approved; a facilitator wiII be hired at a salary up
to $1,000 to assist a sub-committee in studying issues connected with
SLOCOG and its staff.
(3) San Luis Obispo Regional Transit Authority (SLORTA) - Received $5,000
from the Air Pollution Control District for its invrnvement in the Mid-State
Fair show.
(c) Council Member Fuller
(1) Integrated Waste Management Authority Board (IWMA) - Discussion of
translating IWMA books into Spanish; discussion of what to do about the
reduction in demand for recyclable materials and the fact that recycled
paper is not readily available. Council Member Fuller discussed the use
of laptop computers by Council Members in order to save paper.
(2) Air Pollution Control Board (APCB) - No Report
(3) Economic Vitality Corporation - No Report
(d) Council Member Runels
(1) Zone 3 Water Advisory Committee - There were 360,000 visitors at
Lopez Lake last summer, the lake is 16 feet below the spill level and
seven million gallons a day are being released to get ready for winter
storms; the treatment plant is running at five million gallons a day and the
full entitlement of State water is being taken; the 1995 storm damage has
been fixed; a tour for the public is planned, and the seismic repair of the
dam is still being studied.
(e) Council Member Steve Tolley
(1 ) Long-Range Planning Committee - No Report
(2) South County Youth Coalition - applicants for Director of the Youth
Coalition are being screened.
(3) Community Agriculture Support Program (CASP) - No Report
13, COUNCIL COMMUNICATIONS
Council Member Lady said he received a large amount of positive feedback on
the Friday night skateboarding at Calvary Chapel.
7
~.2 4: ~
CITY COUNCIL MINU. _S
SEPTEMBER 23, 1997
14. STAFF COMMUNICATIONS
None.
15, ADJOURNMENT
It was moved by Lady/Fuller and the motion passed unanimously to adjourn the
meeting at 10:20 p.m. Mayor Dougall requested that the meeting be adjourned
in memory of the late Janet Wright, who was one of the City's original crossing
guards.
Q~~
A. K. "PETE" DOUGALL MAYOR
'11~a. ~
NANCY A. DAVIS, CITY CLERK
8