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Minutes 1990-09-11 ,< -, 299 i MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 11, 1990 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. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Dale Burke of Grace Bible Church delivered the invocation. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Gene Moots, Doris Olsen and B'Ann Smith. Staff Members present were city Manager Chris Christiansen, city Attorney Judy Skousen, city Clerk Nancy Davis, Chief of Police Rich TerBorch, Planning Director Doreen Liberto-Blanck, Public Works Director Paul Karp and Water conservation coordinator Karen Williams. 4. ORAL COMMUNICATIONS PEDRO ARAYA of 357 Tally Ho Road discussed his boundary dispute with the City, and said the city does not have the right to take some 14 1/2 feet of land for road purposes. SANDY FACCHETTI of 248 Tally Ho Road complained about having to pay the recycling fee in advance. He also asked when the City was going to complete road improvements in front of 191 and 195 Tally Ho Road. CONSENT AGENDA Mr. Christiansen said Consent Agenda Item 5.K. should be removed from the agenda. It was moved by Smith/Dougall, and the motion passed, to approve Consent Agenda Items S.B. through 5.R., with the recommended courses of action. 5.B. August 28, 1990, City Council Minutes. Approved. 5.C. September 5, 1990, Senior Advisory Commission Minutes. Information. S.D. August, 1990 Investment Report. Information. S.E. Liability Claim, Kingo and Tatsumi Kawaoka. Rejection approved. S.F. Purchase of Chevrolet S-lO Pickup: Police Department, Budgeted Item. To be awarded to low bidder. 5.G. Purchase of Fire Department Fittings and Appliances: Fire Department; Budgeted Item. To be awarded to low bidder. S.H. Purchase of Air Storage Bottles for Breathing Apparatus; Fire Department: Budgeted Item. Approved. S.I. Purchase of Computer: Fire Department; Budgeted Item. To be awarded to low bidder. S.J. Purchase of Air Conditioning Unit; Building Department; Budgeted Item. To be awarded to low bidder. S.L. Request that the city Council Ratify the Staff's Action to I Advertise ~or Proposals to Construct Pedestrian Signals at the Crosswalk on Grand Avenue, Mid-block between Alder Street and Brisco Road; Project No. 90-90-2. Approved. S.M. Purchase of Budgeted Item: Heavy Duty Tool Box: Public Works Department. To be awarded to low bidder. 1 .- ,..- .__.~---..._. -.-.~._'-"-"- ..--~--- --, '''---'~'''----- -'-"" _._-~---~----------~-- --_...._~~_._----.._~--- .. - .~. .~ -- 300 5.N. Purchase of Budgeted Item; 1991 1/2 Ton Pickup Truck; Public Works Department. To be awarded to low bidder. 5.0. service Truck Purchase, Phase 1; Public Works Department. Approved. 5.P. Purchase of Computer Equipment for Police Department; Budgeted Item. Approved. 5.Q. Progress Payment No. 2 for Construction of Water and Sewer Mains; Allen street between Mason street and Traffic Way: Project No. 60-70-90-1: Public Works Department. Approved. 5.R. Approval of Parcel Map No. AG 89~423, Arroyo Grande Hospital: Public Works Department. Approved. '" Consent Agenda Item 5.A. proclamation, "Emergency Medical Services Week," September 16 - 22, 1990. Mayor Millis presented the ! proclamation to Steve Dargan. 6. REGISTER OF CHECKS It was moved by Dougall/Olsen, and the motion passed, to approve the cash disbursements in the amount of $512,985.34, as contained in the September 6, 1990 Staff Report of Finance Director David Bacon. 7. PUBLIC HEARING - AMENDED PARCEL MAP CASE NO. 87-444: REOUEST TO REMOVE CONDITION OF APPROVAL REOUIRING AN EIGHT- (8) FOOT PAVED PARKING LANE ADJACENT TO THE STREET; 1320 AND 1342 HILLCREST DRIVE. HARVEY AND PAULA RANSOM. The Planning Director referred to her Staff Report of September 11, 1990 and said the Planning Commission had recommended that the City Council adopt a resolution which adopts a negative declaration with mitigation measures, instructs the City Clerk to file a Noticb of Determination, and approves Amended Parcel Map Case No. 87-444 with the findings and subject to the Conditions of Approval incorporated in the resolution. She said the applicants are requesting the removal of a Condition of Approval, which required construction of an 8-foot parking lane adjacent to the asphalt pavement on Hillcrest Drive in front of the properties. After being assured that the public Hearing had been duly published and all legal requirements met, Mayor Millis declared the I hearing open and said all persons would be heard regarding the matter. KIM HUGHES of 160 Nogal Drive, Santa Barbara. owner of the properties, spoke in favor of removal of the condition. There being no further public discussion on the matter, Mayor Millis closed the hearing to the floor. After Council discussion, it was moved by smith/Dougall (5-0- l 0, smith, Dougall, Moots, Olsen and Millis voting aye) to approve Resolution No. 2416 Adopting a Negative Declaration with Mitigation Measures, Instructing the City Clerk to File a Notice of Determination, and Approving Amended Parcel Map Case No. 87-444 Located at 1320 and 1342 Hillcrest Drive, Applied for by Harvey and Paula Ramsum. 7.B. PUBLIC HEARING - BOND FINANCING. ARROYO GRANDE COMMUNITY HOSPITAL Mr. Christiansen introduced the subject of the City participating in the issuance of tax free bonds in order to finance the purchase by vista of Arroyo Grande community Hospital. He said SCOTT GROSS,.phief executive of Alpha Group, and JOHN MYERS, bond attorney with Orrick, Herrington and sutcliffe, were in the audience and would be speaking. After being assured that the Public Hearing had been duly 2 I I 301 published and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. Speaking in favor of the city's participating in the issuance of bonds were RICHARD LASIEWSKI, 775 Bee Canyon, a physician at the hospital: THOMAS PARSONS, 1219 Montego, Chamber of Commerce board member; JANE FRYE, pismo Beach, director of nursing at the hospital; SANDY LUBIN of 138 Via Bandolero, and LARRY FOREMAN, 1945 Corbett Heights Place, director of Emergency Services at the hospi tal. They said if vista is allowed to buy the hospital, needed equipment will be purchased, the profits from the hospital will stay in the community, recruitment of quality health care professionals will take place, there will be local control of the hospital, more jobs, new businesses and an increase in sales tax revenue for the City. JOHN KEEN of 298 N. Elm street asked, (1) if this transaction would reduce the City's total bond capacity, (2) if the city has offered this opportunity to other bidders, and (3) if the property, for which a lot split has been approved, will be included in the I purchase or be retained by AMI, current owners of the hospital. Mayor Millis said these questions will be answered by the attorney the City hires to represent it in this matter. DR. LASIEWSKI said that AMI had opened the sale of the hospital to all bidders, and Vista was the winning bidder. There being no further public discussion on the matter, Mayor I Millis closed the hearing to the floor. Council Members asked questions about, (1) the attorney the city will hire, (2) the legal liability of the City if the buyers fail financially, (3) the number of hospital employees, including doctors, who approve the sale to Vista, (4) whether the hospital will continue to take Medical patients, (5) the management fee to be charged, (6) the draft feasibility study and the fi9ures listed as operating expenses and projected incomes, (7) questions in a September 6, 1990 letter from Frank L. Freitas of 602 Cerro Vista I Lane, and (8) the aggregate principal amount of the financing listed in the proposed City resolution, authorizing the financing. Council Members Smith and Dougall said that if it is proved that the City cannot be held financially liable, they would approve I of the City's participation in the financing through the sale of I tax-free bonds. They said they liked the idea of profits going . back into the hospital, and would like a complete medical facility for the emergency needs of the South County. Mayor Millis and Council Members Moots and Olsen said they would like further answers to their questions. It was moved by Smith/Dougall to continue the Public Hearing to the meeting of September 25, 1990. Council Members Dougall and Smith said all the questions should be given to the applicants and a decision made. Mayor Millis and Council Member Moots said they needed more financial information. council Member Olsen said she would like more information on Alpha Hospital Management. There was a vote on the motion to continue the hearing, and all Council Members voted aye. I. 8.A. HOOK RAMPS AT CAMINO MERCADO No Report. S.B. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND AVENUE/ TRAFFIC WAY AND WESLEY STREET No Report. 3 ---------+..----- ---- .,-- ._~._-------_._-_._- ._--~----- - 302 8.C. WATER CONSERVATION REPORT Karen williams, Water Conservation Director, gave an update of her activities, and said she has developed a mobile display to be placed in financial institutions, schools and other places; she is writing a short water curriculum for elementary and secondary schools; she is giving many speeches to service clubs and schools, and she has developed "water Conservation Tips for Businesses." She said the Times Press Recorder is publishing a water conservation "Tip for the Week," and there will be a water conservation display at the Harvest Festival. She said she is cooperating with other cities on a regional level to do public service announcements. council Member Smith requested that Ms. williams look into placing notices about water conservation in motels and restaurants. -.. a . D. PLANNING COMMISSION RECOMMENDATION REGARDING CODE ENFORCEMENT OFFICER. CONTINUED FROM JULY ~4. 1990 Mr. Christiansen referred to his memorandum of September 6, 1990, and said he was recommending that the employment of a Code Enforcement Officer be delayed for two reasons: (1) financial, and (2) until such time as the City adopts a new development code. There were Council questions of Mr. Christiansen concerning budgeting for a Code Enforcement Officer, and he said he would prefer to have a study session to discuss the matter. DICK FRANKS of 879 Fairoaks Avenue suggested that the City ask for help from a volunteer force of retired citizens. Mayor Millis directed Staff to explore this idea. a.E. UPDATE ON COUNTY PROJECTS AFFECTING THE CITY. City Attorney Skousen said the Board of supervisors had postponed their decision on County Tract 1746 for one week. She said she woUld be attending that meeting to express the City's concerns. She said Current Planner Scott Spierling would appear at a County Subdivision Review Board meeting to discuss a project affecting the City. She said the City owns a sliver of land at the end of Mesa Drive adjacent to the project before the SRB, and the city can keep that road closed. PROPERTY TRANSFER - FIVE ACn~S Mayor Millis, Council Member Dougall and Mr. Christiansen said they may have conflicts of interests in this matter and left the room. The City Attorney said there is verbal agreement to the City's terms on the five-acre property transfer of land next to the Community Center. She said at the last Board of Supervisors meeting there was agreement with the city's terms of settlement. She said that the developer will give to the City some trees to plant anywhere it wishes. She said the next step is for the County and developer to sign the escrow papers. l Mayor Millis, Council Member Dougall and Mr. Christiansen returned to the room. I I a.G. REVISION OF POLICE DEPARTMENT FEE SCHEDULE Mr. Christiansen referred to the September 5, 1990 Staff Report of Rick TerBorch, Chief of police, on Revision of Police Department Fee Schedule. Chief TerBorch's report said that Staff recommends that the city council adopt a Resolution amending Resolution No. 2195, which adjusts existing fees and adds new service fees to those services provided by the police Department to specific individuals and businesses. Mr. Christiansen recommended that the council set a public hearing on the matter. It was moved by Moots/Smith, and the motion passed, to hold a public Hearing on September 25, 1990. Council \ 4 -- ..-- . .-- ------......"_.- - .._,- ,--- 303 Member Moots said fees must be related to the actual costs to the city. 9.A. APPOINTMENT OF DONALD BOGGESS TO THE PLANNING COMMISSION: TERM EXPIRES JUNE 30. 1992. Mayor Millis nominated Donald Boggess to the Planning Commission, and the Council unanimously approved. . 9.B. APPOINTMENT OF WILLIAM DEVINY TO THE ARCHITECTURAL ADVISORY COMMITTEE Mayor Millis nominated William Deviny to the Architectural Advisory Committee,. and the council unanimously approved. 9.C. APPOINTMENT OF AMANDA LAMBERT TO THE ARCHITECTURAL ADVISORY COMMITTEE Mayor Millis nominated Amanda Lambert to the ArChitectural Advisory Committee, and the Council unanimously approved. , APPOINTMENT OF TONY OREFICE TO THE ARCHITECTURAL ADVISORY I 9.D. COMMITTEE Mayor Millis nominated Tony Orefice to the Architectural Advisory Committee, and the Council unanimously approved. Mayor Millis said staff will assemble the Architectural Advisory committee. He said the committee's meeting will be open to the public. He said at one of the first meetings length of terms will be decided. He said the committee, which will consist of an architect, a mechanical engineer and an interior designer, will be assisting the Planning commission. 9.E. REOUEST BY SOUTH COUNTY SANITARY SERVICE FOR A FIVE- (5) YEAR EXTENSION OF THE FRANCHISE AGREEMENT WITH THE CITY FOR RUBBISH SERVICE: CHARLES CATTANEO. PRESIDENT counc~l Member Dougall said he may have a conflict of interest and left the room. Mr. Christiansen recommended that the council delay taking any action until the committee consisting of representatives from Grande, City and pismo . Arroyo Grover Beach present a report regarding the South San Luis obispo County Sanitary Service franchise contract. The Council agreed. council Member Dougall returned to the dais. 9.F. ARCHITECTURAL REVIEW CASE NO. 90-448: 414 TRAFFIC WAY: DISCUSSION OF CONDITION NO. 15: J.M. MCGILLIS. PROJECT COORDINATOR REPRESENTING BoB KNOTTS Mr. Christiansen explained that in May, 1990 the Planning commission reviewed Mr. Knotts' plan to expand his business. He said a condition of the project was that Mr. Knotts would replace his curb, gutter and sidewalk at the project. Mr. Christiansen said Mr. Knotts claims he was told the City would replace curb, gutter and sidewalk damaged three or four years ago when work was being done on Traffic Way. Mr. Christiansen recommended that the City pay for any damage is has done, and Mr. Knotts post a bond guaranteeing that he would complete the work sometime in the future when work on the street is completed. BOB KNOTTS, whose business is located ,at 414 Traffic Way, said he didn't feel he should pay to repair an area he did not damage. There was further discussion. Mr. Karp suggested Mr. Knotts could apply for a variance. There was Council consensus that Staff should work with Mr. Knotts to expedite the application. Mr. Knotts was asked to contact the city Manager on September 12, 1990 to begin tne process. WRITTEN COMMUNICATIONS None. 5 --,---~. ---- - -'-"'- -,-_.'---_.~--'-_.._--~_._.- 304 ORAL COMMUNICATIONS Council Member Olsen said she was misquoted in the County Telegram Tribune. She said there was an incorrect inference that the city has taken a stand against the State Water Project. Council Member smith said the traffic signal at Fairoaks and Halcyon Road is not working properly. Mr. Karp said it is an intermittent problem, and the City is working on it. CLARK MOORE, member of the Planning Commission, said an overdraft of Arroyo Grande's underground water, which is being proposed by the County's Clint Milne, would hurt all the cities. Mayor Millis said if this is a serious proposal, maybe Staff should put this item on the agenda for a future meeting. He said ~ the city may have to send a strong letter of protest to anyone I' suggesting an overdraft. 1 12. CLOSED SESSION I None. 13. ADJOURNMENT It was moved by DougalljMoots, and the motion passed, to adjourn at 9:10 P.M. , J;..:1? '- . d1. ~ MARt"M. MILLIS, MAYOI4 ATTEST: ~ (]. Q.,.I' ~<)..) NANCY A. VIS, CITY CLERK " l I . 6