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Minutes 1991-08-27 ,-< -~, 431 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, AUGUST 27, 1991 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 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, Gene Moots and B' Ann Smith. Absent was Council Member Doris Olsen. Staff Members present were city Manager Chri s ~ Christiansen, Assistant City Attorney Dale Mitchell, City Clerk Nancy Davis, Public Works'Director Paul Karp, Chief of Building and Fire Doug Hamp, Parks and Recreation Director John Keisler, Deputy PUblic Works Director Avelino Lampitoc, Public Works Superintendent Dave Mulkey and Chief Building Inspector John Richardson. 4. ORAL COMMUNICATIONS DR. JAMES HUNT of 1403 Noyes Road said he has been trying to get City approval to construct a professional building in the Oak Park area. He said the city has required a Use permit, architectural review, Planning commission approval and a "biota" study. He asked the Council to let him go ahead with construction without doing a "biota" study. 5. CONSENT AGENDA It was moved by smithl Dougall, and the motion passed to approve Consent Agenda items 5.B. through 5.G. , with the recommended courses of action. 5.B. Proclamation, Honoring Harold "Bud" Johnson. So Proclaimed. S.C. August 13, 1991, city council Minutes. Approved. S.D. Liability Claim, Monte Gill. Claim Rejected. 5.E. Liability Claim, Suzanne Hernandez. Claim Rejected. 5.F. July 15, 1991, parking and Traffic Commission. Information. 5.G. Offer to Dedicate: 417 Traffic Way. Accepted. 5.A. froclamation, Honoring Paul J. Karp, Director of Public Works. Mayor Millis read the proclamation honoring Mr. Karp, who is leaving his position with the city. Mayor Millis said the city truly appreciated Mr. Karp's 15 years of service. . 6. REGISTER OF CHECKS It was moved by Dougall/Smith, and the motion passed to approve Cash Disbursements in the amount of $461,462.75, as listed in the August 8, 1991 Staff Report of Finance Director David Bacon. 7.A. CONTINUATION OF PUBLIC HEARING - REOUEST OF ARROYO GRANDE HOSPITAL TO ISSUE APPROXIMATELY 1.9 MILLION DOLLARS IN CERTIFICATES OF PARTICIPATION: SCOTT GROSS. Mr. Christiansen said the attorney hired to protect the city's interests in this matter is reviewing all the documents. He said the Hospital officials had requested that the Public Hearing be continued to September 10, 1991- Mayor Millis said the hearing already had been continued once, and recommended that the hearing be canceled until the hospital 1 "_..._.._,~.._-- .___.___~_____.__._.__.__._ ___'~'__U'__"_ ----- - -~--.~---,---- ~._-~ -~.~~- ._..._-~.._~--~._~. 432 - , < CITY COUNCIL MINUTES AUGUST 27, 1991 officials are sure they are ready. Council Member Moots said he had requested some documents and they had not been received. After further discussion, it was moved by Dougall/Moots, and the motion passed, to cancel the Public Heari~g. 7.B. PUBLIC HEARING - DETERMINATION OF EXISTENCE OF PUBLIC NUISANCE AND TO ABATE IN WHOLE OR PART: 513 BAKEMAN LANE Council Member Dougall said he may have a conflict of interest on this item, and left the room. Mr. Christiansen referred to his staff Report of August 22, l 1991, and said that construction of an enclosed patio at 517 Bakeman Lane was done without a City building permit. He said under the city's new Development Code, there is a $10,000.00 fine for building without a permit. He said the homeowner is responsible to pay the fine. Mayor Millis said the issue before the Council was the building without a city permit, not the fact that the patio was constructed over a Sanitary Sewer easement. Mr. Christiansen agreed with the Mayor. 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. DAVE YATSKO of Day Construction Company, builders of the patio, said he should have obtained the permit before starting the building but was under the impression that there would be no problem in getting the permit. Mr. Yatsko referred to an August 26, 1991 letter from Day construction Attorney Michael S. Krout, who questioned why the original developer of the tract was allowed to build dwellings in such close proximity to the "so-called" easement. JOHN CLONINGER of Day Construction said the project met city setback and lot coverage standards. He said there would have been no problem in getting the building permit, if the patio had not been built over the easement. . JUDSON TRIMMER, owner of the property in question, asked the city to issue a building permit and not to find a Public Nuisance exists. DORIS KILMER of 507 Bakeman Lane asked if there was a sewer easement in her backyard, and Mr. Karp said yes, a very large one called a "blanket" easement which allows for maintenance equipment access. He said he would not recommend the city issue a building l permit on a Sanitation District easement. . When no one further came forward to speak, Mayor Millis closed the hearing to the floor. After extensive discussion, Council Members decided to continue the PUblic Hearing to October 22, 1991, They said the reason for the continuance was for the express purpose of allowing the Trimmers and Day Construction to contact the South San Luis Obispo County Sanitation District and apply for an encroachment permit. Council Member Dougall returned to the dais. a.A. HOOK RAMPS AT CAMINO MERCADO Mr. Christiansen said the project is on schedule. 2 -- -~ 433 CITY COUNCIL MINUTES AUGUST 27, 1991 8.B. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY No Report. 8.C. REOUEST OF COUNTY OF SAN LUIS OBISPO FOR CITY'S PARTICIPATION IN PUBLIC FACILITIES FINANCING PLAN PAUL HOOD of the County administrator's office referred to an August 7, 1991 letter to Mr. Christiansen from Robert E. Hendrix, county Administrator, concerning a Public Facilities Financing Plan. Mr. Hood said the County was hoping the cities would assist in collecting countywide fees on new development to help pay for county public facilities, such as jails, libraries, health services and parks. "- Also speaking to the Council was BOB SPENCER of Recht Hausrath & Associates, the firm which prepared the County's plan. He said the county would be divided into regions and fees collected in a region would be used in that region. There were Council questions concerning the plan prospectus and transportation. Mayor Millis said he was not interested in the county's proposal, especially after what it did to the Cities after Senate Bill 2557. He said that was partially responsible for the City of Arroyo Grande having to laying off employees. RANCHO GRANDE MASTER RECREATIONAL TRAILS AND CIRCULATION PLAN Mr. Christiansen said there was a question of installation of sidewalks along the proposed future Rancho Grande Park site. He said on August 28, 1986 the City entered into an agreement with OTTSE, Inc. (developers of Rancho Grande), wherein it stipulates that the City will install curbs, gutters, sidewalks, etc. He said the city is responsible for these improvements. Class One Bike Lanes were discussed by the Council and Mr. Keisler. Council Members were concerned with the cost of developing and maintaining Class One Bike Lanes. They said, however, the City should obtain the right of way from the developers. . It was moved by smith/Dougall, and the motion passed to approve the Rancho Grande Master Recreational Trails and Circulation Plan. 10.A. REOUEST TO CONSTRUCT A DECK IN THE ROYAL OAKS SUBDIVISION: 401 MESOUITE: ERIC AND LEILA JOHNSON Mr. Christiansen referred to his August 23, 1991 Staff Report and recommended that the Council approve the request to build the deck. . It was moved by smith/Dougall, and the motion passed to approve Mr. Christiansen's recommendation. ,~ 10. B. RECOMMENDATION OF PARKING AND TRAFFIC COMMISSION - NO PARKING ZONE ON A PORTION OF SOUTH HALCYON ROAD (124 S. HALCYON ROAD} It was moved by Dougall/Smith (4-0-1, Dougall, Smith, Moots and Millis voting aye, Olsen absent) to approve Resolution No. 2486 Establishing a "No Parking" Zone on a Portion of South Halcyon Road (124 S. Halcyon Road) (Municipal Code Sec. 2-7.04) 11. WRITTEN COMMUNICATIONS None. 12. ORAL COMMUNICATIONS None. 3 --- .,----~----_.._,_.__.- .,----.'.-'---.--- -------- ----- - -.--------..---....--.,---- '._._~ -,.._~_._. .'.._-----..- ---- -._"____"____...___~_"___ O~_~ _.__O~__. "_______~____ ___ ""_--__0----0 - -- 434 CITY COUNCIL MINUTES AUGUST 27, 1991 13. CLOSED SESSION On the unanimously approved motion of Dougall/Moots, Council Members adjourned at 9:17 P.M. to a Closed Session on David Cunningham vs. city of Arroyo Grande; WCAB Case No. BB SBA 59B74. 14. ADJOURNMENT The Council reconvened at 9:25 P.M. and on the unanimously approved motion of Smith/Dougall immediately adjourned. ~UP 'I I i ATTEST: t!..~ Q. ~ I NAN Y A. VIS, CITY CLERK . . l 4 "--- -- ----~~""