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Minutes 1984-02-28 .--" -~ ..- ) \ CITY COUNC'IL FEBRUARY 28, 1984 ARROYO GRANDE, CALIFORNIA 7:30 P.M. Q~.s; /?/,L 7:#/.71\ . The City Council met In Regular Session with Mayor Smith presiding. Upon roll call Council Members Lawrence Vandeveer, Matt Gallagher, Mark Millis and Karl Hogan were present. PLEDGE OF ALLEGIANCE AND INVOCATION Mayor Pro Tem Gallagher led the Pledge of. Allegiance to the Flag. Council Member Millis delivered the Invocation. APPROVAL OF MINUTES On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, the minutes of February 14, 1984, were approved as presented. APPROVAL OF CHECKS On motion by Councilman Vandeveer, seconded by Councilman Gallagher, and unanimously carried, Demand Checks No. 21915 through 22001, in the total amount of $125,834.19; and Payroll Checks No. 27045 through 27140, In the total amount of $ 77,847.92, were approved for payment as presented by Finance Director David Bacon. .- ORAL COMMUNICATIONS None CONSENT AGENDA Councilman Gallagher asked that Item 12 be withdrawn for discussion. On motion by Councilman Vandeveer, seconded by Councilman Millis, and unanimously carried, Items 87 through #13, (except Item #12) were approved as recommended. 7. Minutes and/or. Answered Agendas. REVIEW AND FILE. A. Planning Commission Meeting of February 21, 1984. 8. San Luis Obispo County Air Pollution Control Dlstrict--Quarterly Report Oct., Nov.,. and Dec. 1983. REVIEW AND FILE. Leagllf:i-of-Ca Ii forni a C it i es: ---- 9. ... A. Legislative Bulletins No.6 and 7, 1984. REVIEW AND FILE. 10. Invitation to La Fiesta Parade at San Luis Obispo, Saturday, .May 19, 1984. REVIEW AND ADVISE. 11. Proclamation to Recognize/Support IICrimeStoppers" Program. MAYOR PROCLAIM. 13. Authorization for Payment, Re: Deep Well and Blending System of Progress Payment No.7. RECOMMENO APPROVAL. 12. Application for Pirvate Sewage Disposal System at 555 Fair Oaks Avenue Wood-Voakes Mortuary. RECOMMEND APPROVAL. Counciln~n Gallagher said he was concerned with the disposal system for the Wood-Voakes Mortuary; that the chemicals used in the business might do damage to the ground water, wildlife in the area and that they might have an adverse effect on the environment. He asked to have the problems cleared up prior to voting by the Council. City Manager Mack said that is the responsibility and in the area of expertise of the County Health Department, which would be the party administering the private sewage disposal system. Councilman Gallagher said he questioned the fact that the County Health Department had taken all things into consideration and Mr. Mack said they had not done so, but had said that testing would have to be done. Pub I i c Works Director Paul Karp said the City had also required a permit from the' Regional Water Quality Control Board, who is primarily interested in discharges as they affect water quality. Councilman Vandeveer agreed with the questions posed by Councilman Gallagher. Councilman Millis pointed out that the Ordinance governing the situation was applicable to properties on the fringe of the City, and not to a business in the heart of the City, where two adjoining facilities were already on the sewer. Councilman Millis made a motion to deny the request. Councilman Gallagher seconded the motion for discussion. -----~ . ~ . 'J' . . CITY COUNCIL FEBRUARY 28, 1984 ARROYO GRANDE, CALIFORNIA PAGE TWO. CouncJlman Hogan said he was not c~ncerned.about the chemicals used by the mortuary, but since they have such a distance t~ g~t~ the sewer he felt some consideration for the business shouJd be given for temporary use of a private sewer system. Mayor Smith said she had called several people in Santa Barbara and Northern San Luis Obispo Counties, who are engaged in the same business BS Wood-Voakes . Mortuary, but could not get anyone of them to say it wouJd be safe to dump their wastes into a septic tank and have It leach into the ground. Some people were more adamant than others; but she said she Jearned there are traps that are put on lines that go to.the sewer system and onward to the treatment plant. She said the amount of money the business will have to spend for a septic tank is quite a bit and perhaps it wouJd be prudent for them to apply the money to hook into the sewer system for the safety factor within the City. She said considering all the factors she could not approve the private sewage disposal system. Further discussion followed, and Mayor Smith then called for a vote, and on the following roll call vote, to wit: AYES: Councilmen Vandeveer, GalJagher, Millis and Mayor Smith - NOES: Councilman Hogan , ABSENT: None , the motion was carried to. deny the request for a private sewage disposal system. APPOINTMENT OF CITY CLERK Councilman MiJlis made a motion, in accordance with the procedure Council had adopted, to appoint Mrs. Nancy Davis to fiJI the unexpired term of the former City Clerk, Mrs. Ines del Campo. The motion was seconded by CounciJman GaJlagher for discussion. Councilman Vandeveer asked why Council did not accept City Manager's recommendation to convene and discuss the appJications received. He said he did not know the appl icant, Mrs. Davis, but felt Council should at least inter- view all the appJlcants. Councl1man Gallagher said he felt in. the Interest of'falrness, Council should interview the applicants and delay the appointment until next Council meeting. CounclJman Vandeveer asked if an interim City CJerk couJd be appointed and City Attorney Shaw assured Council they could do that without problems. Mayor Smith called for a vote on the motion and the motion faiJed. CounciJman Vandeveer made a motion to delay the appointment until next CounciJ meeting, and to establish an Interview time between now and March 13, 1984. Councilman GalJagher seconded the motion, and the motion carried. Councilman Vandeveer made a'motion to appoint City Manager Mack as the Interim Ci ty Clerk, unti 1 appointment of a Ci ty Clerk on March J3th or later. Councilman Gallagher seconded the motion, and on the following roJI call vote, to wit: AYES: Councilmen Vandeveer, Gallagher, Hogan and Mayor Smith NOES: Councilman Millis ABSENT: None the foregoing motion was carried. PUBLIC HEARING TO CONSIDER APPEAL RE: PROPOSED ARROYO GRANDE COMMUNITY HOSPITAL PARKING LOT EXPANSION (MEDCON) Planning Director Eisner said this matter comes to CounciJ on appeal from a Planning'Commission's hearing and denial for expansion of the Hospital's parking lot on the west side of the property, located at Halcyon Road and FiIir Oaks intersection, for an entrance to the Emergency facilities. He said the proposal was for an additional J7 spaces using heavy landscaping and a berm in place of the grass area that is there now. Mr. Eisner pointed out on posted maps all details of the proposal by the Hospital. ----- - ----- ~- .. '';"';' ~~ . . ...... j CITY COUNCIL FEBRUARY 28, 1984 ARROYO GRANDE, CALIFORNIA PAGE THREE Mayor Smith said the Notice of Hearing had been duly published and all requirements governing hearings had been met and the hearing was declared open. RICK SEIDLER, Hospital Administrator, said the expanded parking would serve the emergency area and all outpatients (coming for radiology, therapy, etc.) who register in the Emergency Departme~t. He said the Hospital realizes this is a temporary solution, and have tentative plans to build a new hospital in the South County, which is possibly three or more years ahead, and at a cost of $25 to $30 millIon. Others speaking in favor of additional parking at the Emergency Entrance were BARRY TOLLE, Five Cities Ambulance; TOM NELSON, 1533 Hillcrest DrIve; ROSE SPENCERELLO, 121 Jennifer Court, Grover City; DR. ARTHUR JAMES, 765 James Way; FRANCIS ORMOND, 1093 James Way; DAN ANDREWS, 2779 Halcyon Road. No other speakers came forward, and Mayor Smith declared the public portion of the hearing closed. Council discussion followed regarding other options for parking and the --' rearrangement of existing parking spaces,plus utilizing parking on Fair Oaks Avenue at the Emergency entrance. A motion was made by Councilman Gallagher, seconded by. Councilman Millis, to uphold the decision of the Planning Conmission and deny the appeal for parking lot expansion, and on the following roll call vote, to wit: AYES: Councilmen.Gallagher, Millis and Mayor Smith NOES: Councilmen Vandeveer and Hogan ABSENT: None the foregoing .motion was carried. _COUNCI~RECESSED FROM 9:00 P.M. TO 9:1O,.P.H. PUBLIC HEARING ON INVESTIGATIVE REPORT FOR PROPOSED ASSESSMENT DISTRICT 81-1 Mayor Smith said: "I would announce that this is the time and place for hearing protests or objections to the Report, the proposed construction and all related matters in Assessment District No. 81-1; and report that Notice, pursuant to the provisions of the Streets and Highways Code, has been given in the manner and form as required by law, and the following affidavit is on file: Certificate of Mailing Notice and Filing Boundary Map.". Public Works Director Karp said this was a continued public hearing that was scheduled In January, and is to make a determination on the Investigative Report which was distributed at the January meeting. He said it is a method of flushing out any problems prior to entering into an Assessment District. proceeding. In preparation of the Report, the City of Arroyo Grande has employed a District Consulting Attorney, a District Consulting Engineer and a Financial Consultant. Mr. Karp introduced F. Mackenzie Brown, the attorney. F. MACKENZIE BROWN said this is the first of two public hearings proposed for the Assessment Distric.t, If the City Council makes the determination to proceed with the project in its entirety, or with some modifications. He said at ~his point in time we are dealing with the Engineer's estimates. If the City Council does decide to proceed with the project, or any portion of it, then final plans and specifications would be authorized. At that point In time, it would be back to the City Council and, prior to that time, we would authorize bidding on the course of Improvements, and at the second public hearing the property owners would have a final figure based upon actual construction bids received based upon the p1ans and specifications. Mr. Brown then introduced Mr. Dennis Delzeit, Engineer for the project. DENNIS DELZEIT, Engineer, Wildan Associates, Ventura, reviewed the improve- ments to be constructed by the District indicating the project cost, including incidentals would amount to $5.1 million. Mr. Delzeit said that one written protest had been received from BAMOD, a partnership who owns the Knol1wood project. Mr. Delzeit indicated that the acreage owned by BAHOD represented 20.7% of the total District area. He said Mr. CARL KADIE, Financial Consultant, was available to answer questions regarding the sale of bonds, should such arise during the hearing process. .'." - -- . - .--'.' ~ .') CITY COUNC I L FEBRUARY 28, 1984 ARROYO GRANDE, CALIFORNIA PAGE FOUR Hayor Smith declared this part of the hearing open for written protests. HOWARD ANDERSON, BAHOD Co., summarized his protest, which was specifically outlined to Carl Kadie in correspondence dated February 14, 1984, and included in the Council Agenda packet. Mr. Anderson emphasized that a proposal to replan Knollwood had been.submitted which,' if adopted, could justify expenditures proposed in the Engineer's report. RON BENNET~ 1190 Highway 101, indicated to the Council that he had previ- ously protested in writing any assessment against his property, inasmuch as he had an agreement with the owner of Rancho Grande (Ottse) to provide roads and utiHty services with development. of their project. Mayor Smith asked if anyone else wished to speak in .opposltion of the Assessment.District, and there was no one. She then called for anyone who wished to speak in favor of the Assessment District. REUBIN KVIDT, Oak Park Acres, spoke in favor of the project and indicated that the District would provide him water for final develop~nt within Oak Park - Acres. PETE MILLER, Attorney for Ottse, said. they were In favor of the project but were Interested .in petitioning additional improvements Into the District at a future date. Councilman Millis indicated that he had discussed this matter with the City's consultants, who had said it was their feeling Ottse could be accolTlllOdated. Hayor Smi.th called for others to speak, but there was no one" and she closed the public hearing portion. Public Works Director Paul Karp said at this point Council could have discussion among themselves or hear a presentation. from the Financial Consultant summarizing his letter. He said there are some problems with the District as .it is presently proposed financially for the City; and Mr. Karp would I ike CARL KADIE to outline those problems and have Mr. Brown present a brief summary of the alternatives; and then Hr. Karp could provide Staff recommendation. CARL KADIE, Financial Consultant, directed attention specifically to the BAHOD parcel, and stated there were some very serious problems contained in Hr. Anderson's letter. He said his response of February 19, 1984, attempts to deal with those problems. Mr. Kadie said he understands from Hr. Anderson's letter that greater density is required in order to have a viable project -- and further, that the greater density must be granted and accomplished in very short order (30-60 days). So, the first question to deal with is whether, in the opinion of City Counci~ and Staff, that density can be granted and brought to conclusion in the timeframe (30-60 days), which he considers an impossibility. If the City is satisfied that planning cannot be completed in that timeframe, the next thing that becomes clear is that the BAHOD project will slow down the rest of the development and the Ci ty may lose at least the construction season for the rest of that which is proposed. Secondly, Mr. Anderson points.out in his letter that he has Deeds I of Trust on which he. must act within this time frame or reorganize himself with , his creditors. Hr. Kadie said the City has two alternatives if BAMOD cannot resolve their problems in short order. The first alternative is to wait again until everything can go through at one time, which might be one year or five years from now -- and it may never happen. The other alternative is to go ahead and delete BAMOD from this project, go ahead with the backbone water system and the street system that is necessary to the Ottse property. Mr. Kadie suggested that th~ City's desire to have James Way and Branch Street put in is more likely to be met by going ahead with the larger portion of the project and getting that in, having the water system available and making a more feasible package for the eventual development of the BAHOD property. Mr. Kadie strongly recommended to the City Council that if rezoning cannot be arrived at within thirty days, then BAHOD should be dropped and the rest of the project proceed. ------ - '" ---,-. ....-.----~,' .- -,.:; "'-'-,'" :J - CITY COUNCIL FEBRUARY ~8, 1984.. ARROYO GRANDE, CALIFORNIA PAGE FIVE Mr. Karp recommended that. the CI ty Councll'adopt a Minute Drder to delete BAMDD from the.Dlstrict at this tIme and direct the.Staff to come back to Council at a future meeting with a recommendation with regard to Improvements, which should or should not be included in the District to accommodate the deletion of BAHDD. After a considerable amount of discussion, regarding the method of calcu- lating the assessments'and the plight of BAHOD, a motion was made by Councilman Millis, seconded by Councilman Gallagher, to delete BAMDD from the District and direct the Staff to present a new recommendation for Improvements to be Included within the new District boundaries, for presentation to the Council at a future meeting. Mayor Smith called for a vote on the motion, which carried unanimously. OAK PARK TRAFFIC PROGRESS REPORT City Manager Mack called to Council's attention that on March I, 1984, the Area Council will be considering an amendment to their plans which have to do ..- with regional transportation and that they will be considerIng Highway 1D1/0ak Park Road area. He said Councilman Gallagher was planning to attend tha~ meeting as the City's representative. LOPEZ SAFE YIELD REPORT Mr. Mack said the County Engineering Staff had prepared a study which recommends to: the Board of Supervisors that they temporarily increase the Lopez entitlement of water at Lopez by 80 acre feet per year, and make such increase available only for the use of the Avila Beach County Water District under certain conditions, which are listed In the 2/28/84 memorandum. He said as a result of the Board of Supervisors' meeting this morning, they adopted that 1'" recommendation with the exception that they increase the five year load to seven yea rs. In effect, what the County Supervisors have done Is they have increaseg~the.entitlement by 85 acre feet whic~ reduces the reliability of the Lake by .2 of 1% for a period of seven years. 'That will be granted to the Avila Beach District by the Supervisors only at such time as Avila Beach is willing to enter into a written agreement with the Board of Supervisors whereby they agree that within seven years they will construct supplemental water improvements to replace this loan of 85 acre feet, which translates to mean well or wells at some location. The Avila Beach Water District would have to provide a surety bond to the County Supervisors that guarantees that at the end of a seven year period they are going to build those improvements. Mr. Mack said he did not know what position the Council might take, so prior to the County Supervisors meeting he dropped off a letter to the Board that placed them on record that the City of Arroyo Grande did object to any unilateral amendment or abridgement to the City's water contract; and raising questions as to the legality of not providing corresponding benefits,such as intended to be provided to Avila Beach, to all other contractors. Mr. Mack said it was not necessary for Council to respond in terms of its position at this time but if Council wishes to consider this a matter of litigation, Council would be entitled to do so in Closed Session, and with the City Attorney. APPROVAL OF PARCEL MAP AG AL 83-089 (Guidotti/Pinze) Public Works Director Karp said this is a lot line adjustment realigning three previously existing lots, approved by Council. A motion was made by Councilman Vandeveer, seconded by Councilman Hogan, and unanimously carried, to accept Staff's recommendation with the four conditions as outlined in memo of February 22, 1984. SURPLUS PROPERTY - MULTI LITH OFFSET PRESS Mr. Mack said the City had declared a multi lith offset press as surplus property and advertised a minimum acceptable bid of $650.00, and received two sealed bids, the highest being $1,250.00 from Crown Printers. Staff would recommend the award of the bid to them. A motion was made by'Councilman Gallagher, seconded by Councilman Vandeveer, and unanimously carried, to award the bid to Crown Printers. , . '-------------- -- -----. ---------- -'~---- . .. ; ..~ .. ~ ',- I CITY COUNCIL FEBRUARY 28, 1984 ARROYO GRANDE, CALIFORNIA PAGE SIX SURPLUS PROPERTY - SINGLE FAMILY HOME LOCATED AT 1425 25TH STREET, OCEANO Mr. Mack said this parcel is declared surplus as part of the storm drainage property and was advertised for approximately 45 days, at a minimum acceptable bid of $70,000.00. Several parties expressed Interest, but at bid closing there were no formal bids received. Staff recommended that the property be listed with the Multiple Listing Service so that maximum exposure Is to greatest number of realtors, at $70,000.00, less commission at perhaps 5% ($3,500..00). Following Council discussion, a motion was made by Councilman Vandeveer, seconded by Councilman Gallagher, tol ist the property with the Multiple listing Service at $70,000.00 as recommended by Staff, and on the following roll call vote, to wi t: . AYES: Councilmen Vandeveer, Gallagher, Hogan and Mayor Smith NOES: Councilman Millis ABSENT: None t the motion carried. WRITTEN COMMUNICATIONS .- None ORAL COMMUNICATIONS Councilman Vandeveer requested a date and time be set for interviewing appli- cants for City Clerk's position. Following discussion, Mayor Smith set the Continued Meeting for Monday, March 5, 1984, at 7:00 P.M. In .the Council Chambers. ADJOURNMENT The Council adjourned to Closed Session at 10:13 P.M. by order of Mayor Smith. RECONVENEMENT AND ADJOURNMENT The Regular Session of the Council reconvened at 10:40 P.M. and adjourned at 10:42 P.M. until March 5, 1984. " MAYOR ATTEST: DEPUTY CITY CLERK I -----"...- --- ------ ------