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Minutes 1994-03-08 '2"3 6 ~ MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 8, 1994 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 Matthew Peter Gallagher, Ill, presiding. 1. & 2. FLAG SALU~E AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flag, and the Rev. Jered Hoover of First Assembly of God Church delivered the invocation. J. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy, Bernard Burke and James Souza. Absent was Council Member Gene Moots. Staff members present were city Manager Chris Christiansen, City Attorney Roger Lyon, city Clerk Nancy Davis, Director of Parks and Recreation John Keisler, Current Planner Scott Spierling and Police Sergeant Dan Nulfing. 4. ORAL COMMUNICATIONS JIM MC GILLIS, 448 Dixson Street, asked to be on a future Council agenda to discuss Traffic Impact Fees. He said it is unfair for Tract 1769 to have to pay fees under the old program. Staff was directed to meet with Mr. MCGillis. 5. CONSENT AGENDA It was moved by Burke/Souza, and the motion passed unanimously to approve Consent Agenda Items 5.a. through 5. g . , with the recommended courses of action. 5.a. Proclamation, "Arbor Day," March 19, 1994. Mayor Gallagher read the proclamation. Mr. Keisler received the document and invited the Council and public to Arbor Day ceremonies March 19, 1994, at the Arroyo Grande community Center. He said 42 compost bins will be distributed free of charge along with 300 seedlings grown from acorns gathered when an oak tree was cut down at the site Of the new Vons Market, Courtland Street and Grand Avenue. 5.b. February 22, 1994, City council Minutes. Approved. S.c. March 2, 1994, senior Advisory commission Minutes. Information. .' 5.d. February, 1994, Investment Report. Information. 5.e. Distribution of C9rnposting Bins. Information. 5.f. Award of Bid; Uniform Rental; Budgeted Item; Parks, Public 1 . n ~ , 237 CITY COUNCIL MINUTES MARCH 8, 1994 Works, Engineering, and Building Departments. Awarded to Low Bidder. s.g. Cooperative Agreement Between the State of California and the City of Arroyo Grande for Signal Preemption; Grand Avenue/101. Mayor authorized to sign agreement. 6. REGISTER OF CHECKS It was moved by Brandy/Souza, and the motion passed unanimously to approve Cash Disbursements in the amount of $264,631.85, as listed in the March 2, 1994, Staff Report of Finance Director David Bacon. 7. PUB~IC HEARING - (~) CONDITIONAL USE PERMIT CASE NO. 94-516: REOUEST FOR TWO FLAG POLES, 25 FEET HIGH: AND (B) PLANNED SIGN PROGRAM CASE NO. 93-112: PROFESSIONAL OFFICE BUILpING: 880 OAK PARK BOULEVARD: RUSS SHEPPEL. . Mr. Spierling referred to the March 8, 1994, Staff Report of the Planning Director. He said the Planning commission had recommended that the Council pass resolutions approving the flag poles and sign program. council Member Burke said he was concerned that the flags flown might not be the united States of America and California flags, since that ~as not required by the Planning commission. City Attorney Lyon said it was a First Amendment issue and the city may not be able to make that requirement. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the Public Hearing open and said all persons would be heard regarding the matter. TIM WOODLE of Steve Pults & Associates, architect for the project, said the applicant would be willing to amend his applicatio" to say that only the American and California flags will be flown. Council Members directed Staff to modify the Resolution approving the flag poles to read that way. When no one further came forward to speak, Mayor Gallagher closed the hearing to the floor. council Member Brandy said he appreciated the Planning Commission and Architectural Advisory committee's work on this , project. . 2 2:3'8~ CITY COUNCIL MINUTES MARCH 8, 1994 It was moved by Brandy/Souza (4-0-1, Brandy, Souza, Burke and Gallagher voting aye, Moots absent) to approve Resolution No. 3018 Approving Conditional Use Permit Case no. 94-516, For Two Flag Poles 25 Feet High, Applied for by Russel Sheppel at 880 Oak Park Boulevard, with an amendment requiring that only the flags of the United states of America and the State of California be flown. It was moved by Souza/Brandy (4-0-1, Souza, Brandy, Burke and Gallagher voting aye, Moots absent) to approve Resolution No. 3019 Approving Planned Sign Program Case No. 93-112 for Russel Sheppel at 880 Oak Park Boulevard. Mayor Gallagher thanked the applicant for constructing a very attractive building. 7.B. ~UBLIC HEARING - CONDITIONAL USE ~ERMIT CASE NO. 93-51~: ACCESSORY STRUCTURE (BARN) THAT EXCEEDS THE 14-FOOT HEIGHT LIMITATION: 783 ARABIAN CIijCLE: THOR OURSTON Mr. Spierling referred to the March 8, 1994, Staff Report of the Planning Director. He said the Planning Commission had recommended the Council pass the resolution approving the condit~onal use permit, with the findings and subject to the conditions of appro~a1 contained in the resolution. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the Public Hearing open and said all persons would be heard regarding the matter. KARL OURSTON, representing the applicant, said they were in agreement with the City's requirements. When no one further came forward to speak, Mayor Gallagher closed the hearing to the floor. It was moved by Burke/Brandy (4-0-1, Burke, Brandy, Souza and Gallagher voting aye, Moots absent) to approve Resolution No. 3020 Approving Conditional Use Permit Case No. 93-515 For An Accessory Structure (Barn) That Exceeds the 14 Foot Height Limitation, Applied for by Thor Ourston at 783 Arabian Circle, with the Planning Commission's Findings of Approval and subject to the Conditions of Approval contained in the resolution. 7.C. PUBLIC HEARING - DSVSLOPMENT CODE REZONE 94-001 - AMENDMENT TO SEGTION 9-04.140 OF THE DEVELOPMENT CODE ON LOT LINE ADJUS~MENTS: CITYWIDE Mr.' Spierling referred to the March 8, 1994, Staff Report of the Planning Director. He said the Development Code permits a 3 , . '...~ ~ . 239 CITY COUNCIL MINUTES MARCH 8, 1994 lot line adjustment between two or more existing parcels, where the land taken from Ohe parcel is added to an adjacent parcel and where the number of parcels remains the same. He said this language prohibits a property owner who wants to reduce the number of existing lots from using the lot, line adjustment procedure. He said staff feels that if reducing the humber of lots improves a situation, then a lot line adjustment application is appropriate. " LEONARD LENGER of 1203 Carpenter Canyon Road encouraged the Council to approve the amendment, but said he was confused by the phrase "or is reduced" in the last paragraph of the first page of Attachment "A." There was Council discussion with the city Attorney, Mr. Lenger and Planning Commissioner John Keen, who was in the audience. Mayor, Gallagher said the issue should be clarified by Staff before the second reading of the ordinance. When no one further came forward to speak, Mayor Gallagher closed the hearing to the floor. Mr. Christiansen read the title of the ordinance, An Ordinance of the city Council of the city of Arroyo Grande Issuing a Categorical Exemption, Amending chapter 9 of the Municipal Code (Amendment to the Development Code) and Instructing the City Clerk to File a Notice of Categorical Exemption (Rezone Case No. 94-001). It was moved by Brandy/Souza, and the motion passed to waive further reading of the ordinance and introduce it by title only. Mayor Gallagher said that constituted the first reading of the ordinance. S.A. PETITION SUBMITTED BY BOB SHUTT, 520 NELSON STREET. TO REINTRODUCE CROSSWA~KS IN ARROYO GRANDE Mr. Christiansen referred to his Agenda Synopsis and said the City Council discussed painted crosswalks last year and agreed with-the Traffic Commission to stop repainting crosswalks unless there is a controlled intersection or is adjacent to schools. RICHARD FRANKS, chairman of the Traffic Commission, referred to his memorandum of March 2, 1994, and said crosswalks are dangerous and give the pedestrian a false sense of security. He said the preponderance of studies clearly establish the danger of painted crosswalks to thu pedestrian, and if the city decides to paint crosswalks and a pedestrian is injured in the crosswalk, the city can be held liable for damages. He listed State of California Traffic Manual, the Institute of Transportation Engineers, the American Automobile Association and the National 4 2'4'0' CITY COUNCIL MINUTES MARCH 8, 1994 Safety Council all as supporting not painting crosswalks. He said there may be areas of the City that might justify painted crosswalks besides at controlled intersections and school areas, but they must be carefully studied. He recommended that the Council keep its present policy of not painting crosswalks. Mayor Gallagher invited BOB SHUTT of 520 Nelson Street to speak. Mr. Shutt referred to a petition he circulated containing 389 signatures asking for the reintroduction of painted crosswalks into the city. He said the city's policy of not painting crosswalks creates a definite unsafe condition to the pedestrian. He said painted crosswalks alert drivers to be aware that pedestrians may be present. He said cars will not stop for pedestrians if crosswalks are not painted, and that the police should cite drivers who do not stop. He said if the law says crosswalks should be pail1ted near schools, they should be painted on the entire route taken by the school children. He submitted letters of support from principals at st. Patrick's, Valley View and Arroyo Grande High schools. Also speaking in favor of painted crosswalks were MARIE BURT of 414 Orchard Avenue, MARYLOU WILLIAMS of 562 Bakeman Lane, and NANCY UNDERWOOD of 142 Short street. They said (1) the CalifQrnia Vehicle Code does not prohibit the city from painting crosswalks, (2) the Vehicle Code says vehicles must yield the right of way to pedestrians in marked and unmarked crosswalks, (3) there should be more education of the rules of the road, (4) the signatures on the petitions show that the people want painted crosswalks, (5) streets like Traffic Way and Branch should have painted crosswalks, (6) there should be a traffic signal at Traffic Way and Fair Oaks Road, and (7) Nelson and Poole streets are natural areas to cross Traffic Way and shoUld have painted crosswalks. Sergeant wUlfing, who represented the Police Department at the meeting, said the department does supports the Traffic commission and city council policy with regard to painted crosswalks. He said there may be some areas of the city that warrant further study and consideration. MR. MC GILLIS said he walks four miles a day in Arroyo Grande and feels safe. He said studies do show that it is safer without painted crosswalks. council Members carried on an extensive discussion of painted crosswalks. They were told by Staff that there will be a yellow painted crosswalk at Lopez High School and Traffic Way, and Nelson and Poole streets also will be studied for possible crosswalks. 5 . .. ~ '- - 241 CITY COUNCIL MINUTES MARCH 8, 1994 Council Member Burke said most of those who signed Mr. Shutt's petition seemed to live in the Traffic Way area and that area should be carefully studied. Council Member Souza said as a motorist he is more inclined to stop if there is a painted crosswalks. He said the Village area should be studied as well as other areas that have storefronts. council Member Brandy said he looks on painted crosswalks as a second alert. He recommended identifying the major children's wa1king-to-school routes. Mayor Gallagher said if crosswalks are painted, they should be maintained regularly before school opens each year. He said as a general rule, the City's policy should follow the recommendation of the Traffic Commission. Mr. Christiansen said he understood Council's direction was to keep the present policy of generally not painting the crosswalks; but studying areas such as school routes and the Village for possible crosswalks, and to repaint the marked crossw~lks on a regular basis before school starts each year. 9. WRITTEN COMMUNICATIONS None. 10. ORAL COMMUNICATIONS None. 11. CLOSED SESSION None. 12. ADJOURNMENT It was moved by Burke/Brandy, and the motion passed unanimously to adjourn the meeting at 8:52 P.M. . -/ ATTEST: 6