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Minutes 1991-08-13 ~ -.'. .--.., . 425 MINUTES REGULAR MEETING OF THE CITV COUNCIL TUESDAY, AUGUST 13, 1991 CITV 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. Phil Coleman, pastor of Oak Park Foursquare Church, delivered the invocation. I 3. ROLL CALL I Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. Staff Members I present were city Manager Chris Christiansen, city Attorney Judy '- Skousen, city Clerk ~ancy Davis, Planning Director Doreen Liberto- Blanck and Deputy Public Works Director Avelino Lampitoc. 4. ORAL COMMUNICATIONS ROBERT BROWN of 617 Cerro Vista Circle discussed the Health Park behind the Arroyo Grande Hospital. He said the community has used the Health Park extensively, but that recently it has fallen into disrepair. He asked the Council to consider the park when it decides whether or not to assist the hospital in buying the property through the issuance of bonds. 5. CONSENT AGENDA It was moved by Smith/Dougall, and the motion passed to . approve Consent Agenda Items 5.D. through 5.F. , with the recommended courses of action. 5.D. Purchase of Two Mobile Radios, Three Portable Radios with Accessories, and One Portable Radio Charger; Police Department: Budgeted Items. Approved. 5.E. July, 1991, Investment Report. o5.F. Acceptance of Nelson Street Sewer Main Improvements: Project No. 70-91-1; Public Works. Accepted. It was moved by Dougall/Smith, -and the motion passed, to approve Consent Agenda items 5.A., 5.B. and 5.C., with corrections and the recommended courses of action. 5.A. Proclamation of Appreciation to the California National Cuard. Mayor Millis read the proclamation and directed Staff to present it to representatives of the National Guard at Camp San Luis Obispo. 5.B. July 23, 1991, city council Minutes. The Minutes were corrected on Page 4, Paragraph 2, Lines 1 and 2. Council Member Dougall voted "No" on the awarding of the City building. janitorial and maintenance contract to American Janitorial of Santa Maria. voting "Ves" were Council Members Olsen and Moots and Mayor Millis. Absent was Council Member Smith. 5.C. August 7, 1991, Senior Advisory Commission Minutes. Information. The Minutes were corrected at Item 5., Paragraph 2. The figure was corrected to $500,000.00. 6. REGISTER OF CHECKS It was moved by Smith/Dougall, 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. 1 ----.. --------.--- .. _.~._- -----_.,----~.._~._--. --- .~- I 426 - -- . " CITY COUNCIL MINUTES aUGUST 13, 1991 7 . ~DISCUS_SION REGA!liUNG RESOLLIl'll9.N CERTIFY.JJiG_-'X!!JLEHYlRON~TAlt l~YACT REPORT PR&EARED FOR GENERhL PLA~ENDME~-l AND PLANNED PEVELOP~N~EZONE 90-229 (VISTA DELL-MAR}. AS AMENDED Mayor Millis said he may have a conflict of interest, and left the room. Mayor Pro Tern Moots presided. Mr. Christiansen said if the Council still had concerns about the Environmental Impact Report on this project, it did not have to certify it. Michael Multari, consultant for the city, gave a history of the project. He said the developer has asked that the EIR be 1 certified by the Council, but that the Council is under no obligation to do so. He said the Staff and caltrans have disagreed with the EIR authors in the areas of water and traffic, and it may not be appropriate in this case to certify the EIR. He recommended that the EIR be certified only if it is adequate and there would not be a number of changes made to the document. He said if the Council wished to certify the EIR he and simon Polter of Fugro/McClelland would answer questions. After 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 would be heard regarding the matter. JOHN WILBANKS of RRM Design Group, which worked with the Wilma Pacific, developers of the project, said-the Council should certify the EIR with the Staff recommended changes because it supplies valuable information and a considerable amount of money had been spent on it. When ,no one further came forward to speak, Mayor Pro Tem Moots closed the hearing to the floor. council Member Dougall said he was not comfortable with the EIR, particularly in the areas of drainage and traffic. He said there should be a base traffic study done in the city that all projects could be applied to. Ms. Liberto-Blanck said such a study is being worked on at this time. . Council Members smith, Olsen and Moots also said they had problems with the EIR. No action was taken on the matter. Mayor Millis returned to the dais. 7.B. REOUEST O~RRQXQ GRANDE HOSPI~ TO ISSUE APPROXIMATELY 1.9 MILLIQN DOLLARS IN CERT~CATES OF PARTICIPATION: SCOTT GROSS Mr. Christiansen said Scott Gross of Vista Hospital Systems had promised certain information on the request for issuance of l certificates of Participation, and that information .was not forthcoming at this time. He said Mr. Gross had requ~sted a continuance to the next regular meeting. Mr. christiansen also referred to a July 24, 1991 letter from Hospital Administrator Dick Woolslayer, who asked the council for an extension of one year to August 31, 1992 for completion of a bike and walking path along the Arroyo Grande Creek and improvements required by Parcel Map No. AG!l9-423. Mr. Christiansen said the Woolslayer letter refers to the Health Park discussed earlier in the meeting by Mr. Brown. . 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. 2 . -----.------- ~_._.- --.--.---------- - -, 427 CITY COUNCIL MINUTES AUGUST ,13, 1991 It was moved by Moots/Smith, and the motion passed to continue this public hearing to August 27, 1991. 7.C. CONSIDERATION OF A TRASH RATE INCREASE OF 5.96 PERCENT. OR 5.40 PER MONTH. FOR RESIDENTIAL USERS AND-COMMENSURATE AMOUNTS FOR COMMERCIAL USERS: CITYWIDE Mr. Christiansen said of the $.40 increase $.32 will be allocated to various governmental agencies to support AB 939 legislation, and the remaining $.08 will be used by the owners of Cold Canyon Landfill to support their operations. He recommended approval of the increase. 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. When no one cam~ forward to speak, Mayor Millis closed the hearing to the floor. Council Members Smith, ,Moots and Olsen expressed concerns about the increase, and Mayor Millis said the Council must approve the increase or the city will be charged. Council Member Dougall, who is a member of the Solid Waste Management Board, said this increase is only the "tip of the iceberg." He said the increase is State-mandated and comes to the City through the County. It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Olsen, Moots and Millis voting aye) to approve Resolution No. 2484 Amending Current Disposal Service Franchise Agreement, Rates, Effective September 1, 1991. H...}-.. HOOK RAMPS AT CAMINO MERCADO No Report. Mayor Millis directed Staff to work with'Caltrans to make sure the project begins in November, as planned. 8.B. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY No Report. 8.C. RECLAMATION PLAN Mr. Christiansen referred to a July 15, 1991 letter from John wallace, South San Luis Obispo County sanitation District " Administrator, to John Jenks of Kennedy" Jenks Com.ultants regarding updating the District's Wastewater Reclamation Plan. Mayor Millis requested that Council Member Dougall, who attends the Sanitation District meetings, to keep the Council informed on the progress of a wastewater reclamation program. 9.A. PEDESTRIAN WALKWAY: TRACT 1724. Mayor Millis and council Member Dougall said they may have a conflict of interest on this matter and left the room. Mayor Pro Tern Moots presided. . , Ms. Liberto-Blanck referred to the July 23, 1991 Staff Report '- she prepared with Public Works Director Paul Karp. She said the City had expressed concerns about Tentative Tract 1724 which is located in the unincorporated area adjacent to Mesa Drive. She said the project was approved by the County Board of Supervisors in 1990, with the condi,tion that the applicant provide an emergency access-pedestrian-bike lane from the subdivision boundary to Valley Road behind the homes along Tiger Tail and through the Rose Victorian Inn property. She said the applicant requested that this , item be placed on the agenda, and supervisor Ruth Brackett I requested a meeting with the City to discuss it. BYRON GRANT of High Mountain Road said he is one of the project owners with Mid-Coast Land Company. He discussed the 3 I -- .----- .--- 428 ,- -~ CITY COUNCIL MINUTES AUGUST 13, 1991 history of the project, and said the developers would go along with the pathway the Council approves. He said Mid-Coast Land Company owns three acres behind the Rose victorian Inn as well as the Inn itself. He said the emergency access is needed as an alternative to the main road into the project which crosses a bridge. DIANA COX said she and her husband own the Rose Victorian Inn, " and that she was worried that the pathway would change the value of their business. Council Members said the operators of the Rose victorian should be given consideration in the matter. They said they l preferred that the existing roadway out to Los Berros Road be used and that there should be a pedestrian walkway and bike lane constructed. They said, specifically, that the access should not come out through Mesa Drive or the Rose Victorian Inn. They said if the traffic is too fast on Los Berros Road, the County should find away to slow it down. They said they did not like any of the four alternative routes suggested by the developers. Mayor Millis and Council Member Dougall returned to the dais. .l.~~ . APPOINTM1;:NT OF JU~IE GROVES TO THE PARKING AND TRAFFIC COMMISS~fl~ERH EXPIR~__Y-YNE 30. 1994 Mayor Millis nominated Julie Groves of 242 Rodeo Drive to the Parking and Traffic commission, and the Council approved the nomination. ~~~UEpT OF TON3_QE.E.FICE. RHO AR~TECTS . RECiARDING A DETERlUNATI_Q!LQf.....Ql1'LJIQ..lW.w.RY AT OAK PARILROAD: OAK ~ Mr. Christiansen referred to the July 19, 1991 letter to the council from Tony orefice, an architect employed by owners of Oak Park Inn. Mr. christiansen said that the owners of the Oak Park Inn would like to resolve city boundary line issue on their property, which lies in both Grover city and Arroyo Grande. He recommended that the council approve the concept of having the entire property of Oak park Inn be in Grover city. He said Arroyo Grande should retain ownership of the curb, gutter and sidewalks so that curb cuts can be controlled on future development. Mayor Millis said the entire boundary between the cities should be looked at. He said the Staffs of the cities should work it out before the matter goes to the Local Agency Formation Commission. After further discussion, it was moved by Dougall/Olsen, and the motion passed to approve the concept suggested by Mr. Orefice. It was further moved by Dougall/Olsen, and the motion passed to direct Staffs of the two cities to meet to work on clarifying the boundary between Arroyo Grande and Grover city. . l I 10.C. REOUEST OF RESIDENTS FOR A STOP SIGN AT MAPLE AND WALNUT STREETS Mayor Millis said residents in the area of Maple and Walnut streets were requesting a stop sign at the intersection. He said the request went to the Parking and Traffic Commission, which deadlocked on a three to three vote. Residents speaking in favor of the stop sign were ANDY STARKIE of 1080 Maple Street, NANCY SHEARER of 170 walnut street, AL MAGUIRE of 1094 Maple street, RICHARD JENNE of 180 WalAut street, TOM BOWLES of 209 Walnut Street and PAT STARKIE of 1080 Maple Street. Mr. Christiansen said MR. AND MRS. CARL ROGERS of 261 Walnut 4 ---- ------ -..--- -.-,----..---. -- --, 429 CITY COUNCIL MINUTES AUGUS'l' 1 J , 1991 street had called City Hall to say they were in favor of the stop sign, but were unable to attend the meeting. After council discussion', it was moved by Smith/Dougall (5-0- 0, Smith, Dougall, Moots, Olsen and Mayor Millis voting aye) to approve Resolution No. 2485 Establishing a Boulevard Stop Sign at the Intersection of Maple Street and Walnut Street. 10.0. REOUEST OF RICK AND CINDY COLLINS FOR RELIEF OF CASH BOND HEOUIREMENT Mr. Christiansen said on June 18, 1991, the Planning commission granted a varianoe on the requirement of a two-car garage which relates to an addition to a single family home at 240 West Branch Street. He said the Public Works Department had placed '-- a condition requiring a cash deposit for public improvements such as curbs and gutters in the amount of $1,400. He said the Planning commission, at the request of Mr. and Mrs. Rick Collins, added the stipulation to the cash deposit requirement that, "If not otherwise prohibited, the applicant may post a bond in lieu of a cash deposit." He said the Development code requires a cash deposit, as did the previous code. CINDY COLLINS of 240 West Branch Street said she had received a letter from the planning Commission stating she could post a bond if it was not otherwise prohibited. She said she could find no verbiage in either the old or new code prohibiting her from posting a bond. Mr. Christiansen read, from the Development Code a section requiring a cash deposit. Council Member Olsen said a precedent might be set if the council approved a bond in this case. After extensive council discussion of the matter with the city Attorney and other Staff members, it was decided to accede to Mrs. Collins' request. It was moved by smith/Dougall (4-0-1, smith, Dougall, Moots and Millis voting aye, Olsen voting no) to grant Mrs. collins' appeal to amend the condition, and require that a cash deposit be posted by the Collinses with the city prior to the issuance of the Certificate of Occupancy. . 10. E. RANCHO GRANDE MAS~ER RECREATIONAL TRAILS AND CIRCULATION PLAN Ms. Liberto-Blanck referred to the Staff Report of August 13, 1991 prepared by her, the PUblic Works Director and the Parks and Recreation Director. She recommended that the Council approve the Rancho Grande Master Recreational Trails and circulation Plan. MS. Liberto-Blanck said Mitigation Measures 25 and 26 of the Rancho Grande Development Plan required the submittal of a Master Recreational Trails and circulation Plan. She said the Planning Commission and Parks and Recreation Commission had reviewed the plan and made some amendments. She said all changes appear to be on the plans, with the exception of a sidewalk being constructed along the proposed future Rancho Grande Park site. She said Staff "- felt the sidewalk should be included to provide the public with safe pedestrian access to Rodeo Drive. She referred to maps on the walls. Council Members asked questions about parking areas, Class 1 and 2 bike lanes and transparent fences. THE COUNCIL RECESSED FROM 8:55 TO 9:00 P.M. . . JEFF FERBER of RRM Design Group and PETE MILLER, representing the developers of Rancho Grande, were introduced by the Planning " Director. Mr. Ferber said we are now in the master planning process, and developers would like to move on to the construction 5 -- ------"_.,,---- - - ---- .-.... -~----~ ------ 430 ~, , . ,. CITY COUNCIL MINUTES AUGUST 13, 1991 " documents. He pointed out features of the Master Recreational Trails arid circulation Plan. He discussed the various streets in the plan a~d.their features. council Members had questions about multi-use paths; liability and maintenance of the paths, lanes and trails, and night access to them. The council discussed removing the references to Class 1 and 2 on the bike lanes, and to directing the Parks and Recreation commission to review the matter. After further discussion, it was decided that the issues of the bike lanes, and the sidewalks at the Rancho Grande Park site would be continued to the August 27, 1991 Council agenda. '1 11. WR~TEN COMMUNICATIONS I None. I 12. ORAL COMMUNICATION1i . council Members directed Staff to send condolences on behalf of the city to the family of Chester porter, who passed away August 11, 1991. 13. CLOSED SESSION Council Members adjourned at 9:25 P.M. to a Closed session, which included discussion of Coker Ellsworth and Vic Pace Construction Co., Inc. v. city of Arroyo Grande, San Luis Obispo County superior Court Cases 68739 and 60060, and Kawaoka v. city of Arroyo Grande, Case No. 90-4465. 14. ADJOURmm.f:IT The council reconvened at 9:50 P.M. It was moved by Moots/Smith, and the motion passed to adjourn immediately. t~ ~~ ~. JI;fjJ;" MARK M. MILLIS, MAYOR ATTEST: ~ a. ~h~~ NANCY A. VIS, CITY CLERK . " . l , . 6 ------ ~-_.._-