Minutes 1992-01-28
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JANUARY 28, 1992
CITY COUNCIL CHAMBERS, 214 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. Paul Bautts of Bethel Baptist Church 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, City Clerk Nancy Davis, Planning Director Doreen
L Liberto-Blanck, Current Planner Scott Spierling, Public Works
Director Van Laurn, Deputy Public Works Director Avelino Lampitoc
and Parks and Recreation Director John
Keisler.
4. ORAL COMMUNICATIONS
None.
5. PRESENTATION OF PLAOUE OF APPRECIATION TO ALEX WQOLWORTH. FO~ER
PARKS AND RECREATION COMMISSIONER
Mr. Woolworth was present to accept the plaque and thanks from
the City from Mayor Millis. '
6. CONSENT AGENDA
It was moved by Dougall/Smith, and the motion passed to
approve Consent Agenda Item$ 6.A. through 6.D., with the
recommended courses of action.
6.A. Audit Report Ending June 30, 1991. Information.
6.B. Overview, coordinated Agricultural support Program.
Information.
6.C. Purchase of Breathing Apparatus (2): Public Works Department,
Budgeted Item. Approved.
6.D. Fourth Quarter Departmental Monthly Reports. Information.
7. REGISTER OF CHECKS
It was moved by Dougall/Smith, and the motion passed to
approve Cash Disbursements in the amount of $621,601.72, as listed
in the January 22, 1992 Staff Report of Finance Director David
Bacon.
8.A. PpBLIC HEARING - APPEA~ OF GENERAL 90NDITION OF APPROVAL NO.
2 OF A PLANNING COMMISSION RESOLUTION GRANTING VARIANCE CASE NO.
91-157. APPLIED F9R BY CHARLES DOSTER ~ 320 EAST BRANCH STREET
(LAST CHANCE LIOUOR). APPELLANT OBJECTS TO THE DENI~L OF PROPOSED
SIGN NO. ~ AND PROPOSED SIGN NO.5.
- Mr. Spierling referred to the January 28, 1992 Staff Report of
the Planning Director, and said the Planning Commission had
recommended that the City Council adopt the resolution upholding
the actions of the Commission and denying the appeal. Mr.
spierling described the entire sign program for Last Chance Liquor,
and answered Council questions on the subject. He described in
detail the types of signs proposed for use at the store.
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.
CHARLES DOSTER, owner of Last Chance Liquor at 320 East Branch
Street, spoke to the Council and said he needed the neon signs to
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CITY COUNCIL MINUTES
JANUARY 28, 1992
attract customers on their way to Lopez Lake. He said the signs
not approved were necessary for his business, which is open after
dark. He said the "open" sign is basic to the business, and the
"Coors" beer sign is needed because selling beer accounts for 30
percent of his business. He said he had submitted petitions to the
Planning Commission signed by approximately 400 persons supporting
his sign plan.
When no one further came forward to speak, Mayor Millis closed
the hearing to the floor.
There was Council discussion of the "open" and "Coors" signs, \
and shadow box and neon signs. Council Member Gallagher said the I
Planning Commission had tried to compromise with the appellant. HeJ
said the city has been more than accommodating in the matter. He
said he agreed with the shadow box sign design. He said this
matter came up because of a Conditional Use Permit review where Mr.
Doster was found to be out of compliance with the original
agreement. Council Members Smith and Dougall agreed with Council
Member Gallagher.
Mayor Millis said he could see nothing wrong with the neon
"open" sign, especially since there are other neon signs in the
village and the City is not making all businesses conform. He said
he would go along with the Planning Commission on denying the
"Coors" sign, but not the "open" sign. Council Member Moots agreed
with the Mayor.
After further discussion, it was moved by Smith/Dougall (3-2-
0, smith, Dougall and Gallagher voting aye, Millis and Moots voting
no) to approve Resolution No. 2906 Upholding the Planning
commission's Approval of Variance Case No. 91-157, Including
Condition of Approval Number 2(C), Applied for by Charles Doster,
to Exceed the Allowed Aggregate Sign Area, and the Allowed Number
of Signs, and to Allow Two (2) Neon Window Signs Located at 320
East Branch street, and Denying the Appeal of the Above Decision.
9.A. LETTER OF REQUEST FROM ~NCHO GRANDE HOMEOWNE~S ASSOCIATION
REGARDING RANCHO ~RANDE PARK AND DECISION MADE BY THE PARKS AND
RECREATION COMMISSION ON THE REFERENCED SUBJECT
It was moved by smith/Dougall, and the motion passed to
continue this agenda item to February II, 1992. .
9.Q. SECOND READING OF ORDINANCE AMENDING CHAPTER 9 OF THE
MUNICIpAL CODE (AMENDMENT TO THE DEVELOPMENT CODE) TO ALLOW OLD
SETBACK/LAND COVERAGE STANDARDS Iii CERTAIN DISTRICTS AND MODIFY THE
NON90NFORMING USE SECTION: REZONE CASE NO. 91-224: CITYWIDE
It was moved by Smith/Dougall (5-0-0, Smith, Dougall,
Gallagher, Moots and Millis voting aye) to pass Ordinance No. 442
I C.S. Adopting a Negative Declaration, Amending Chapter 9 of the
'I Municipal Code (Amendment to the Development Code) and Instructing J
the City Clerk to File a Notice of Determination (Rezone Case No.
I 91-224).
10.A. SETTING HEARING DATE F9~ A STUDY SESSION FOR DISCUSSION OF
FORMATION OF A SOLID WASTE MANAGEMEN~ JOINT POWERS AUTHORITY. AND
THE DESIGNATION OF THE AREA COUNCIL AS THE LOCAL METROPOLITAN
PLANNING ORGANIZATION. AND CONGESTION MANAGEMENT AGENCY. AS
REOUESTED BY THE AREA COORDINATIN~ COUNCIL OF SAN LUIS OBISPO
COUNTY
Mr. Christiansen said the Area Coordinating Council had
requested this meeting and would be present to explain the
formation of the joint powers authority.
Council Members set the date of Thursday, February 13, 1992 in
city Council Chambers, 215 East Branch Street, for the meeting.
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JANUARY 28, 1992
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10.B. GRANT APPLICATION: FUNDS FROM T~E URBAN STREAMS. RESTORATION
PROGRAM: FINDING OF CATEGORICAL EXEMPTION FROM REVIEW UNDER
CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOA)
It was moved by Dougall/Moots (5-0-0, Dougall, Moots,
Gallagher, Smith and Millis voting aye) to approve Resolution No.
2907 Authorizing an Application to the State Department of water
Resources for Grant Funds Under the Urban Stream Restoration
Program to Construct a project Entitled Arroyo Grande Creek
stabilization Project: and Approving the Filing of a Notice of
Exemption from CEQA (Class 1).
10.C. LANDSCAPING AND LIGJ:lTING DISTRICT: TRACT 1769: FARROLL
AVENUE: HERB PHJLLIPS
Mayor Millis and Council Member Dougall said they may have
1..... conflicts of interest in this matter and left the room. Mayor Pro
Tem Moots presided.
It was moved by Smith/Gallagher (3-0-2, smith, Gallagher and
Moots voting aye, Millis and Dougall absent) to approve Resolution
No. 2908 Declaring the Council's Intention to Initiate Proceedings
to Form a Landscaping and Lighting District for Arroyo Grande Tract
1769.
It was moved by Smith/Gallagher (3-0-2, Smith, Gallagher and
Moots voting aye, Millis and Dougall absent) to approve Resolution
No. 2909 Declaring the Council's Intention to Form a Landscaping
and Lighting Assessment District for Arroyo Grande Tract 1769.
10.D. APPROVAL OF TRACT 1769: FARROLL AVENUE: HERB PHILLIPS
Because of possible conflicts of interests, Mayor Millis and
Council Member Dougall remained out of the Council Chambers. Mayor
Pro Tem Moots continued to preside.
Mr. Christiansen gave Council Members copies of the Tract 1679
map and said the Public Works Department had approved all the
various development plans. He said Grover City has not yet
approved the acceptance of the sewage from this project. He said
if Grover City does not approve this, the developer will have to
redesign the plan and include a lift station.
Council Member Gallagher had questions about the two drainage
basins in the project. JIM MC GILLIS, representing the developer,
said a landscape architect is working on the project and the basins
would not be unsightly. He said the City would be maintaining the
basins with funds from the Landscaping and Lighting Assessment
District.
It was moved by Gallagher/Smith (3-0-2, Gallagher, Smith and
Moots voting aye, Millis and Dougall absent) to approve Tract 1769,
Farroll Avenue.
Mayor Millis and Council Member Dougall returned to the dais.
'-.-' 10.E. AMENDMENT TO F.XTENP THE AGREE~ENT OF RANCHO GRANDE PARK TO
JULY 31. 1993
Mr. Christiansen recommended that the Mayor be authorized to
sign an amendment extending the agreement with OTTSE corporation
regarding Rancho Grande Park to July 31, 1993. He said the
representative of OTTSE has agreed to this IS-month extension.
11. WRITTEN COMMUNICATIONS
None.
12. ORAL COMMUNICATIONS
Mayor Millis welcomed Van Laurn, the city's new Public works
Director/city Engineer.
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CITY COUNCIL MINUTES
JANUARY 28, 1992
13. CLOSED SESSION
None.
14. ADJOURNMENT
It was moved by Gallagher/Dougall, and the motion passed to
adjourn the meeting at 8:27 P.M. ~~. ~~
M. MI IS, MAYOR
ATTEST:
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