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Minutes 1992-01-14 , 470 "- MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 14, 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. l. & 2. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Ehrhardt Lang of united Methodist Church delivered the invocation. 3. ROLL CALL J Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots and B'Ann Smith. Absent was Council Member M. P. "Pete" Gallagher. Staff members present were City Manager Chris Christiansen, City Attorney Judy Skousen, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck, Deputy PUblic Works Director Avelino Lampitoc, Parks and Recreation Director John Keisler and Chief of Police Rick TerBorch. 4. ORAL COMMUNICATIONS None. 5. CONSENT AGENDA It was moved by Dougall/Smith, and the motion passed to approve Consent Agenda Items 5.B. through 5.0. , with the recommended courses of action. 5.B. December 10, 1991, City Council Minutes. Approved. 5.C. December 17, 1991, City Council Minutes. Approved. 5.D. December 20, 1991, city Council Minutes. Approved. 5.E. January 7, 1992, city Council Minutes. Approved. 5.F. Correction of Minutes of November 12, 1991. Approved. 5.G. November 18, 1991, Parking and Traffic Commission Minutes. Information. 5.H. Amendment to Existing Park-and-Ride Lot Agreement Between city and Caltrans: El Camino Real and Highway 101. Mayor authorized to Sign Agreement. 5.1. January 8, 1992, Senior . Advisory Commission Minutes. Information. 5.J. December, 1991, Investment Report. Information. S.K. Fourth Quarter, Sales Tax Revenue. Information. I ! 5.L. Purchase of Three (3) IBM Compatible Computers and One (1) Laserjet Printer: Police Department; Budgeted Item. Approved. J S.M. Liability Claim, Philip L. Epstein. Rejection Recommended. 5.N. Update on the Coordinated Agricultural Support Program. Information. 5.0. Acceptance of Improvements: Tract 1669: Corbett Canyon Road; Newport Properties. Accepted. 5.A. Proclamation, "winter Storm Preparedness Week," January 25 - 31, 1992. Mayor Millis presented the proclamation to Mr. Lampitoc, Deputy Public Works Director for the city. I L -_. -.--.-.-- . ...-. 471 CITY COUNCIL MINUTES JANUARY 14, 1992 6. REGISTER OF CHECKS It was moved by Smith/Dougall, and the motion passed to approve Cash Disbursements in the amount of $621,601.72, as listed in the December 18, 1991 Staff Report of Finance Director David Bacon. 7. PUBLIC HEARING - CONDITIONAL USE PERMIT CASE NO. 91-492: CONSTRUCTION OF A CHILDREN'S PLAY AREA: CARL'S JR. RESTAURANT. 1590 ~EST BRANCH STREET. Ms. Liberto-Blanck referred to her January 14, 1992 Staff Report and said the Planning Commission had recommended that the City Council adopt the resolution approving Conditional Use Permit Case No. 91-492, with the findings and subject to the conditions of approval contained within the resolution. She passed around to the \~ Council a photograph showing what the play area would look like. 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. TIM WOODLE, architect for the project, told the Council he would be glad to answer any questions. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. It was moved by smith/Dougall (4-0-1, Smith, Dougall, Moots and Millis voting aye, Gallagher absent) to adopt Resolution No. 2902 Approving Conditional Use Permit Case No. 91-492, to Allow for Installation of a Play Area at an Existing Fast Food Restaurant, Applied for by Carl's Jr. Restaurant at 1590 West Branch Street. 7.B. PUBLIC HEARING - AMENDMEN~ TO THE DEVELOPMENT CODE TO ALLOW OLD SETBACK/LAND COVERAGE STANDARDS IN CERTAIN DISTRICTS. AND MODIFY THE NONCONFORM~NG USE SECTION: REZONE CASE NO. 91-224: CITYWIDE Ms. Liberto-Blanck said that the proposed ordinance would allow lots which permit residential units and were created prior to the effective date of the adoption of the Development Code to utilize the old zoning ordinance setbacks and coverage. She said the Development Code also has been amended so that if there is a residential structure which is destroyed by fire or some other catastrophic act, it can be completely rebuilt. She said the Planning Commission conducted a public hearing and recommended the Council adopt the proposed ordinance. 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. , JIM MC GILLIS, surveyor for San Luis Engineering, thanked the , ' - Council and Staff for the rapid manner in which this problem was being solved. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. Mr. Christiansen read the title to the proposed ordinance. It was moved by Dougall/Smith, and the motion passed to dispense with further reading. Mayor Millis said that constituted the first reading of the ordinance. 8.A. HOOK RAMPS AT CAMINq MERC~DO Mr. Christiansen said that ground breaking for the project will be at 3:30 P.M. January 15, 1992. He said Mayor Millis will be the master of ceremonies. - -._. ----- ___m_ .___., ___'."'___.__", _ ____~_ _.. ~~--~~-- - 472 - CITY COUNCIL MINUTES JANUARY 14, 1992 8.B. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY None. 9.A. LETTER OF REOUEST FROM THE RANCHO GRANDE HOMEOWNERS ASSOCIATION REGARDING RANCHO GRANDE PARK AND DECISION MADE BY THE PARKS AND RECREATION COMMISSION ON THE REFERENCED SUBJECT ROBERT TEETERS, 692 via Vaquero, co-chairman of an ad hoc c~mmittee mad~ up of ci~izens with concerns about the park, spoke f~rst and sa~d an env~ronmental impact report should be done including the issues of noise, light and glare and traffic congestion. There was a brief intermission while the problem of the l overcrowded city Council Chambers was solved. Mr. Teeters said State law and local ordinances require more environmental review of the proposed park. In response to Mayor Millis, city Attorney Skousen said the way the park has been planned, the past actions of the City have followed every step necessary under law. She said the various environmental processes the City has gone through in developing the Master Plan and this park have been legal and appropriate. She said, however, the Council could decide to do further environmental studies. She said all steps followed appear to have been completely legal. Other Rancho Grande residents expressing concerns about the (park on the basis of devaluation of property, traffic problems, li tter, crime, lights and noise were BILL FOSTER of 102 via Bandolero, ANDREA PEREJDA of 187 Via Vaquero, GEORGE SALEM of 523 Via Vaquero, CHARLES RANDALL 411 Shapish Moss Lane, MAURICE PHILLIPS of 158 Avenida De Diamante, JOHN HARE of 613 Avenida De Diamante, KEN STEELE of 407 Spanish Moss Lane, PAT DEMPSEY of 436 Collado corte, RICHARD BROWN of 323 Via Bandolero, CECELIA BEARDSLEY of 493 Avenida De Diamante, BILL CLARK of 623 via Bandolero and JEAN WADE of 570 Avenida De Diamante. A group of residents speaking in favor of the proposed park said there is a need for more city playing fields, the park would be for the good of the community as a whole, City and development monies have already gone into the purchase and planning of the park, a community park has been promised to the residents of the city, and property values would be improved by the park. Speakers included BETSY DE JARNETTE of 661 Victoria Way, STEVE SHURICK of 539 Cuesta Place, BILL WEITKAMP of 251 James Way, LYNN JOHNSON of 405 Mesquite Lane, ISABEL TELLEZ of 415 Rodeo Drive, VELMA HARRIS of 677 Woodland Drive, MR. MC GILLIS and JEFF SCOTT of 573 Winterhaven Lane. MARK DORSI of 579 Gularte Road said there could be l compromises made on both sides, and concerns could be resolved. Council Members discussed the issues brought up by the previous speakers. Mr. Keisler described the park for the Council. He showed the location on a map on the wall. He said the city is lucky to have such a good site to work with. He described the compromises the Parks and Recreation Commission had made to the desires of the Rancho Grande residents. He said designers of parks would not describe this park as a sports complex. He said it is a community park. There were audience comments about grading for the park and underground wiring for future lighting. After further Council discussion, it was moved by . 473 CITY COUNCIL MINUTES JANUARY 14, 1992 Dougall/Smith, and the motion passed to continue the agenda item to January 28, 1992, at which time Staff will present a report on the environmental review of the park and all the documents presented in connection with the park. council Members also asked for a full description of what the park will contain. council Member Moots said the meeting should be well noticed. THE COUNCIL RECESSED FROM 9:37 P.M. TO 9:42 P.M. 9.B. RESOLUTION REGARDING PROPERTY TAX EXCHANGE FOR REORGANIZATION INVQLVING DETACHMENT OF TERRITORY FROM ARROYO GRANDE AND ANNEXATION TO GROVER CITY: OAK PARK ROAD: OAK PARK INN It was moved by Dougall/Smith (4-0-1, Dougall, Smith, Moots and Millis voting aye, Gallagher absent) to approve Resolution No. "--- 2903 Negotiating an Exchange of property Tax Revenue and Annual Tax Increment from the city of Arroyo Grande to the City of Grover City. Council Members directed Staff to look into the possibility of requesting the Local Agency Formation Commission to make a decision on the future ownership of Oak Park Boulevard, whether it be Arroyo Grande or Grover city. 9.C. AWARD OF CONTRACT FOR ASPHALT CONCRETE OVERLAY ON VARIOUS CITY STREETS: PROJECT NO. 90-92-1 Mr. Christiansen said the bids came in lower than had been expected. He recommended that the Council authorize award of the Contract for Asphalt Concrete Overlay of Various city streets, Project No. 90-92-1, to the low bidder, Union Asphalt Construction, in the amount of $177,632.50, and to add the overlay of Traffic Way, from Highway 101 to Branch Street, to the project, bringing the total to $250,382.50. It was moved by Smith/Dougall, and the motion passed to approve the recommendation of the city Manager. 9.D. DECLARATION OF SURPLUS: DIRT LOCATED AT THE CITY CORPORATION :tARQ. It was moved by Smith/Dougall (4-0-1, Smith, Dougall, Moots and Millis voting aye, Gallagher absent) to approve Resolution No. 2904 Declaring Certain Dirt Located at the City Corporation Yard as Surplus and Offering Said Oirt for Sale. 9. E.1 . - RECO~ENDATIONS ESTABLISHING PROPPSED ONE (l) -HOUR PARKING ZONES ~O REPLACE THE EXISTING 30-~INUTE AND TWO (2) -HOUR PARKING ZONES ON TRAFFIC WAY BETWEEN STATION WAY AND THE FREEWAY. Chief TerBorch said the Police Department had originally proposed the changes in parking zones to the parking and Traffic Commission. He said there are four different zones on this street and enforcement is very difficult. He said for purposes of efficiency and cost effectiveness he recommended the one-hour parking zone. ~ Mayor Millis said the merchants on Traffic Way were not happy with the proposed changes. BRITT PHILLIPS presented a letter to the Council from Bob's Auto Repair, Foreign Auto Specialists, M. J. Ross Construction Co. and Cherry Lane Nursery saying that the parking zone change would restrict business, would be an inconvenience to many customers and would be costly to enforce. After Council discussion, it was moved by smith/Dougall, and' the motion passed to direct Staff to notify merchants and property owners of the proposed parking zone changes and bring the matter back to the Council with parking zone changes that are consistent. -----~~_.- -"-' - -~----~~.~_._--~-- --..---....- ------ ._-_._,-~~--_.~_. --_._- ' ~'-- , --- 474 CITY COUNCIL MINUTES JANUARY 14, 1992 9.E.2.- RESOLUTION ESTABLISHING A PAINTED CROSSWALK ACROSS BRISCO ROAD AND ITS INTERSECTION WITH EL CAMINO REAL It was moved by Dougall/Smith (4-0-1, Dougall, Smith, Moots and Millis voting aye, Gallagher absent) to approve Resolution No. 2905 Establishing a Pedestrian Crosswalk Crossing Brisco Road at El Camino Real. 10. WRITTEN COMMUNICATIONS Mr. Christiansen said he had received a resignation letter from Alex Woolworth of the Parks and Recreation Commission. Mayor Millis said Mr. Woolworth had served for a long time on the Commission and had been a valuable member. l 11. ORAL COMMUNICATIONS None. 12. CLOSED SESSION It was moved by Moots/Dougall, and the motion passed to adjourn at 11:02 P.M. to a Closed Session on personnel, pursuant to Government Code Sec. 549.57. 13. APPOINTMENT OF NEW PUBLIC WORKS DIRECTOR It was moved by Moots/Smith, and the motion passed to reconvene the meeting at 11:05 P.M. It was moved by Moots/Dougall, and the motion passed to approve the appointment of Van W. Laurn as Public Works Director/City Engineer for the City. 14. ADJOURNMENT It was moved by Moots/Dougall, and the motion passed to adjourn the meeting at 11:06 P.M. '- ~ ~~ A;. ;J1M MARK M. MILLIS, MAYOR ATTEST: ~ a. ~-4d NANCY A. AVIS, CITY CLERK l