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Minutes 1992-06-23 , , 12 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUNE 23, 1992 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 Pro Tem Gene Moots presiding. l. & 2. FLAG SALUTE AND INVOCATION Mayor Pro Tem Moots led the salute to our Flag, and the Rev. Paul Bautts of Bethel Baptist Church delivered the invocation. 3. ROLL CALL Present were Mayor Pro Tem Moots and Council Members A. K. "Pete" Dougall, M. P. "Pete" Gallagher and B'Ann Smith. Staff members present were City Manager Chris Christiansen, Assistant City Attorney Ralph Prince, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck and Public Works Director Van Laurn. - ORAL COMMUNICATIONS KEN SCHULTZ of 364 Sunrise Terrace presented the Council with information regarding Mobile Home Rent Stabilization Vacancy Control for use at a special Council meeting June 30, 1992. BERNIE BURKE of 1227 Priscilla Lane congratulated city officials on the low amount of money Arroyo Grande spends on admini,~tration . - PEDRO ARAYA of 357 Tally Ho Road asked questions regarding a map that included his property. City Engineer Laurn said he would be happy to meet with Mr. Araya. 5. CONSENT AGENDA It was moved by Smith/Dougall, and the motion passed with smith, Dougall, Moots and Gallagher voting aye and Millis absent, to approve Consent Agenda items 5.A. through 5.C. , with the recommended courses of action. 5.A. May 12, 1992, City Council Minutes. Approved. 5.B. May 26, 1992, city Council Minutes: Approved. S.C. Award of Bid, 1992-93 Landscape Maintenance Contract; Parks Department; Budgeted Item. Acceptance of low bid approved. 6. REGISTER OF CHECKS It was moved by Dougall/Smith, and the motion passed with Dougall, smith, Moots and Gallagher voting aye, Millis absent, to approve Cash Disbursements in the amount of $616,050.21, as listed on the June 18, 1992, Staff Report of Finance Director David Bacon. 7.A. PUBLIC HEARING - (I} CONDITIONAL USE PERMIT CASE NO. 91-485: (2)' ARCHITECTURAL REVIEW CASE NO. 91-466: FOR AN 11.305 NET SOUARE FOOT ADDITION TO AN EXISTING X-MART STORE: (3) SIGN PERMIT CASE NO. 92-104: (4) VARIANCE CASE NO. 92-166: FOR A PLANNED SIGN PROGRAM AND VARIANCE FROM SIGN STANDARDS: FOR A TOTAL NUMBER OF SIGNS. TWO ~ (2\ ARE ALLOWED: THREE (3\ ARE PROPOSED: AND TO EXCEED THE MAXIMUM ALLOWED AREA FOR A SINGLE SIGN FACE. 70 SOUARE FOOT ARE ALLOWED: 126.7 SOUARE FEET ARE PROPOSED: X-MART CORPORATION. 1570 WEsT BRANCH STREET Ms. Liberto-Blanck referred to her June 23, 1992, Staff Report and listed the Planning Commission recommendations approving the K- Mart addition. After Council questions and being assured that the Public Hearing had been duly pUblished and all legal requirements met, Mayor Pro Tem Moots declared the hearing open and said all persons 1 . -~---_.._-_._.._--~---- , 13 CITY COUNCIL MINUTES JUNE 23, 1992 would be heard regarding the matter. JOHN DORSETT, representing the applicant, said. he would answer any council questions. When no one further came forward to speak, Mayor Pro Tem Moots closed the hearing to the floor. Council Members discussed the project signage and K-Mart's contribution to the traffic backbone mitigation fund. It was moved by smith/Dougall (4-0-1, smith, Dougall, Gallagher and Moots voting aye, Millis absent) to approve Resolution No. 2935 certifying that the Supplement to the Environmental Impact Report for Oak Park Acres (Tract 604) Prepared for the K-Mart Addition has been Prepared in Compliance with the \.... california Environmental Quality Act and Instructing the City Clerk to File a Notice of Determination. " It was moved by Smith/Dougall (4-0-1, smith, Dougall, Gallagher and Moots voting aye, Millis absent) to approve Resolution No. 2936 Approving Conditional Use Permit Case No. 91- 485, for the K-Mart Addition Project, Applied for by K-Mart corporation at 1570 West Branch Street. It was moved by Smith/Dougall (4-0-1, Smith, Dougall, Gallagher and Moots voting aye, Millis absent) to approve Resolution No. 2937 Granting a Variance, Case No. 92-166, Applied for, by K-Mart Corporation at 1570 West Branch street, Variance to Exceed the Allowed Number of Signs and to Exceed the Maximum Allowed Area for a Single sign Face. It was moved by smith/Dougall (4-0-1, Smith, Dougall, Gallagher and Moots voting aye, Millis absent) to approve Resolution No. 2938 Approving sign Permit Case No. 92-104, a Planned Sign Program for K-Mart Corporation at 1570 West Branch Street. It was moved by Smith/Dougall, and the motion passed with smith, Dougall, Gallagher and Moots voting aye, Millis absent, to approve Architectural Review Case No. 91-466. 8.A. REOUEST TO EXCAVATE SOIL AND CONSTRUCT A R~AINING WALL IN THE ROYAL OAKS SUBDIVISION: 415 RODEO DRIVE: RICK TELLEZ Mr. christiansen said this matter was continued from the last Council meeting. He referred to letters to the Council from Larry and Robin Greene of 393 Rodeo Drive and Neil J. Johndrow of 400 Rodeo Drive. Also before the Council was a document' from the applicant describing the project. Council Members asked questions concerning the amount of dirt to be excavated, the measurements of the property and current access to the property. ~ Speaking in favor of the project were MR. AND MRS. RICK TELLEZ, who said the wall would give emergency access to their rear yard. They also said they had hired a soils engineer to approve the construction of the wall. They said the wall would stop the flooding of their garage. They said they had liability insurance for the project, and their contractor would be licensed and bonded. Speaking against the project were MR. GREENE, BRUCE COSPER of 388 Rodeo Drive and DAN GEISSINGER of 432 Rodeo Drive. Their concerns were with esthetics, the large amount of re-grading that would be done, and the setting of a precedent if the application were approved. 2 __.~_.___M_~____._ , 14 - CITY COUNCIL MINUTES JUNE 23, 1992 Council Members expressed concerns about the major grading the project would incur, and said this would be a significant earth removal process. It was moved by smith/Dougall (4-0-1, smith, Dougall, Gallagher and Moots voting aye, Millis absent) to deny the application to construct a retaining wall at 415 Rodeo Drive. The Council advised the applicant to meet with his neighbors, the Royal Oaks home owners association and City building officials and scale down the project before returning to the Council for approval. 8. B. SECOND READING OF ORDINANCE AMENDING THE MUNICIPAL CODE ,'"" RELATING TO PENALTIES FOR VIOLATIONS. THE PERSONNEL SYSTEM. AND THE PURCHASING PROCEDURE: CITYWIDE It was moved by Dougall/Smith (4-0-1, Dougall, smith, Gallagher and Moots voting aye, Millis absent) to adopt Ordinance No. 447 C.S. Amending Municipal Code Title 1, Chapter 2 Regaz~ing Penalties for Violations, and Title 2, Chapter 3 Regarding . Personnel System, and Chapter 4 Regarding Purchasing Procedure. 9.A. RESOLUTION REOUESTING AUTHORIZATION TO CLOSE VARIOUS CITY STREETS FOR THE ARROYO VALLEY CUSTOM CAR SHOW: SATURDAY. JULY 25. 1992: ARROYO VALLEY CAR CLUB It was moved by Dougall/Smith (4-0~1, Dougall, smith, Gallagher and Moots voting aye, Millis absent) to approve Resolution No. 2939 Requesting Authorization to Close Various city Streets for the Arroyo Valley Custom Car Show. 9.B. RESOLUTION REOUESTING AUTHORIZATION TO CLOSE A PORTION OF WEST BRANCH STREET FOR A PARADE (BANK OF AMERICA PARKING LOT TO COMMUNITY CENTER ON VERNON AVENUE): SUNDAY. JULY 5. 1992: I.D.E.S. COUNCIL NO. 28: SANDY CABRAL It was moved by Dougall/Smith (4-0-1, Dougall, Smith, Gallagher and Moots voting aye, Millis absent) to approve Resolution No. 2940 Requesting Authorization to Close West Branch Street for a Parade. 9.C. RATIFICATION OF THE 1992/93 JOINT POWERS AGREEMENT FOR THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS Council Member Gallagher said the Council of Governments was super bureaucracy that does not benefit Arroyo Grande greatly. Mayor Pro Tem Moots agreed but said the City would not receive its transportation monies to use for streets if it did not participate in the Council of Governments. It was moved by Dougall/Smith (4-0-1, Dougall, Smith, Gallagher and Moots voting aye, Millis absent) to approve Resolution No. 2941 Ratifying the Joint Powers Agreement for the San Luis Obispo council of Governments for Fiscal Year 1992/93, as ~~~. ~ 9.D. WEST BRANCH STREET PARKING AND CROSSWALK (AREA OF BRIDGE AND BRANCH STREETS) Mr. Christiansen referred to the June 17, 1992 Staff Report of the Public Works Director Laurn, who recommended setting a public hearing to permit parking along the opposing edge of a T- intersection where a prohibition is not needed for pUblic safety and/or traffic control: and approve a resolution, which wou1a accomplish the following: (a) Remove the commercial loading zone at 104-112 West Branch Street. (b) Prohibit the use of the crosswalk on Branch Street at the westerly side of Bridge Street. 3 -..~-- - 15 CITY COUNCIL MINUTES JUNE 23, 1992 (c) Establish a commercial loading zone fronting 102 West Branch Street, effective upon amendment of the Municipal Code. It was moved by Dougall/Smith, and the motion passed with Dougall, Smith, Gallagher and Moots voting aye, Millis absent, to set a public hearing for July 14, 1992. .-. There was considerable Council discussion about pedestrian crossing of Branch Street on the easterly side of Bridge Street, and various Council Members indicated support for painting the crosswalk. It was moved by Dougall/Smith (4-0-1, Dougall, Smith, Gallagher and Moots voting aye, Millis absent) to approve Resolution No. 2942 Establishing Parking and Pedestrian Restrictions on a Portion of West Branch Street. \..- 10. WRITTEN COMMUNICATIONS - Council Member B'Ann smith read a statement saying that she ~ would not be seeking reelection to the Council in the November, 1992 election. She said she had served the city since 1978, with a two year hiatus from. 1986 to 1988. She thanked her friends, family and constituents for their confidence in her and for their work on the elections. 11. ORAL COMMUNICATIONS Council Member Dougall said the Source Reduction Recycling - Element workshop will be at 2:00 P.M. August 11, 1992, in City council Chambers, 215 East Branch Street. He said the pUblic hearing on the SRRE will be at the regular Council meeting of August 25, 1992. 12. CLOSED SESSION It was moved by Dougall/Gallagher, and the motion passed with Dougall, Gallagher, Smith and Moots voting aye, Millis absent, to adjou~n at 9:15 P.M. to a Closed Session on personnel negotiations. . 13. ADJOURNMENT It was moved by smith/Dougall, and the motion passed with Dougall, Gallagher, smith and Moots voting aye, Millis absent, to adjourn the meeting at 10:00 P.M. ~~tJ-W;- GENE MOOTS, MAYOR PRO TEM ATTEST: '-