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Minutes 1992-02-11 "",. 4791 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, FEBRUARY 11, 1992 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council of the City of Arroyo Grande met at 7:30 I 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 of Oak Park Foursquare Church delivered the invocation. 3. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, M. P. "Pete" Gallagher and B'Ann Smith. Council Member ~ Moots was absent. Staff Members present were City Manager Chris Christiansen, city Attorney Judy Skousen, City Clerk Nancy Davis, Chief of Police Rick TerBorch and Parks and Recreation Director John Keisler. 4. ORAL COMMUNICATIONS TRACY THOMAS of 1152 Outland Court said there is a tremendous need for the community park THAT will be located in Rancho Grande. She spoke in favor of the original master plan for the park approved by the City Council in 1988. She presented to the Council petitions with more than 1,100 signatures of people who feel there is a need for the park as approved in 1988. 5. CONSENT AGENDA It was moved by Dougall/Smith, and the motion passed to approve Consent Agenda items 5.A. through 5.E., with the recommended courses of action. 5.A. January 14, 1992, City Council Minutes. Approved. 5.B. January 28, 1992, city Council Minutes. Approved. S.C. February 5, 1992, Senior Advisory Commission Minutes. Information. S.D. January, 1992, Investment Report. Information. 5.E. Request of Village Improvement Association for Easter in the Village, April 11, 1992: and the Annual Strawberry Festival, May 23 and 24, 1992. Approved. 6. ~EGISTER OF CHECKS It was moved by Dougall/Smith, and the motion passed to approve Cash Disbursements in the amount of $409,077.97, as listed in the February 6, 1992 Staff Report of Finance Director David Bacon. 7. PUBLIC ijEARING - TO INCREAS~ THE RATE OF TRANSIENT OCCUPANCY TAX FROM SIX PERCENT ( 6% ) TO TEN PERCENT (10%) BY AMENDING THE ~ MUNICIPAL CODE. SECTION 3-3.303: CITYWIDE Mr. Christiansen said the proposal was to raise the Transient Occupancy Tax in Arroyo Grande. He said the Grover City and Pismo Beach taxes are at 10 percent and San Luis Obispo and Morro Bay are at 9 percent. 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. Speaking against the incre<lSe in the tax on the basis of economics were SANDY LUBEN, president of the Chamber of Commerce, who said if the Council did approve the increase, the funds should be designated for tourist and visitor information; ULYSSES BAUER, .__ _. __'..__._____..____ "'____n._.. ~_._..._ __ ..0 --..--.-.- ._._-_..~.- -~-+-_._._--.~-_._.__._-- ------.. .--. - ._~_. . -.- --.-.---.... ...... ~ , - 480 CITY COUNCIL MEETING FEBRUARY 11, 1992 owner of Arroyo K Lodge; PRISCILLA LEXAMANA, manager of Cas a Grande Motel, and JONNIE EILER, executive director of the visitors and Conference Bureau of San Luis Obispo. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. The city Attorney advised the Council that a new court ruling makes it debatable whether the City Council can adopt an increased transient occupancy tax. She said prior to the new court case, there was no doubt the Council could do so. She said the 'I conservative approach would be to let the voters decide whether to ' . increase the tax. She said if the courts decide a City Council cannot raise the tax, the monies would have to be refunded to the i motels. It was moved by Smith/Dougall (4-0-1, smith, Dougall, Gallagher and Millis voting aye, Moots absent) to not increase the Transient Occupancy Tax in Arroyo Grande. 8.A. LETTER OF REOUEST FROM RANCHO GRANDE HOMEOWNERS ASSOCIATION REGARDING RANCHO GRANDE PARK AND DECISION MADE BY THE PARKS AND RECREATION COMMISSION ON THE REFERENCED SUBJECT Mr. Christiansen said Staff had reviewed the environmental documents concerning Rancho Grande Park, and had recommended that the Council approve the preparation of an expanded initial study on the park site with land use, grading, lights, aesthetics, traffic, public services, air quality and noise being assessed. He said the items would be addressed on the original park plans as well as the alternate plans and other documents. He said it was recommended that the work be done at a cost not to exceed $6,000 and the study be ready for public review in two months. The city Attorney gave a history of the park project. She said it appears that the City did all the environmental work and met the California Environmental Quality Act requirements~ She said the Negative Declaration was properly issued in 1988. She said, however, Staff had not been able to retrieve each piece of paper work to prove that it was all done. She said the Statute of Limitations has passed and park opponents probably could not challenge it in court, but just out of an abundance of caution the city is going to take another look. She said Staff feels that the Negative Declaration that was issued was properly issued, but it doesn't hurt just to assure everybody that the City has followed CEQA properly. BOB TEETER of 692 Via Vaquero requested that the Council listen to no further testimony from the public on the matter, but Mayor Millis said he believed the meeting should be opened to l anyone who wanted to speak. Speaking in favor of the community park that would allow for organized sports were CHRIS JANOWICZ of 44 Lyerly Lane, MELVIN CALDWELL of 565 Woodland Drive, GAIL ANDERSON of 721 Mustang Circle, ROY STORER of 605 Gaynfair Terrace and MIKE THOMAS of 1152 Outland Court. DAN VILLEGAS of 114 Via Bandolera said the public is entitled to protection under the CEQA laws, and an Environmental Impact Report should be done. RAY NILSEN OF 207 Rodeo Drive said doing the initial study would be wasting money. He said the park could be postponed for 10 years because of legal action, and it would be better to have a park now than not at all. JAMES BIGELO of 781 Cardinal Court asked what actions the Council could take when the initial study results were learned. ,", .' 481 CITY COUNCIL MEETING FEBRUARY 11, 1992 The City Attorney said a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report would be recommended to the Council for approval. It was moved by Smith/Gallagher, and the motion passed to approve the Staff recommendation of an expanded Initial Study for the Rancho Grande park at a cost not to exceed $6,000, and in a time frame not to exceed two months. COUNCIL MEMBERS RECESSED FROM 8:38 TO 8:41 P.M. 9. A. APPOINTMENT OF I)/ILLIAM DEVINY . ~.. TO THE PARKS AND , RECREATION COMMISSION: TERM EXPIRES JUNE 30. 1993 I Mayor Millis nominated william Deviny, Jr. to the Parks and \...- and Recreation Commission, and the Council approved the appointment. 9.B. LETTER OF REOUEST FROM JOHN ~OWE, 1162 PA~IFIC POINTE WAY. ARROYO GRANDE. TO DISCUSS SONIC CABLE TV JOHN LARROWE, 1162 Pacific pointe Way, complained to the Council about the Sonic Cable TV practice of charging for outlets in all rooms of his house, rate increases, frequent outages, billing practices, and lack of respect for the customers. He recommended that City residents write to their legislative representatives concerning regulation of the cable television industry. 9. C. RESOLUTION AUT(JORIZING THE APPLIC~TION FOR STATE LICENSING UNDER THE SCHOOL AGE CHILD CARE PROGRAtf: PARKS AND RECREATIQH DEPARTMENT ' After Council discussion, it was moved by Smith/Dougall (4-0- 1, Smith, Dougall, Gallagher and Millis voting aye, Moots absent) to approve Resolution No. 2910 Authorizing the Application for state Licensing Under the School Age Child Care Program. 9.D. RESOLUTION OF INTENTION TO VACATE AND ABANDON A WATER RESERVOIR EASEMENT O~ LOT 14 OF TRACT 599: MILLER WAY: AND FIXING TIME AND PLACE FOR PUBLIC HE~RING It was moved by Dougall/Smith (4-0-1, Dougall, Smith, Gallagher and Millis voting aye, Moots absent) to approve Resolution No. 2911 Setting Forth the City's Intention to Vacate and Abandon a Reservoir site easement, in the City of Arroyo Grande, and Fixing Time and Place for Hearing as Provided by the Streets and Highways Code section 8300, Et Seq. 9.E. RESOLUTION OF INTENTION TO VACATE AND ABANDON A PUMP STATION EASEMENT ON LOT 1 OF TRACT 57?: MILLER W..,.Y: AND FIXING TIME AND PLACE FOR PUBLIC HEARING It was moved by smith/Dougall (4-0-1, smith, Dougall, Gallagher and Millis voting aye, Moots absent) to approve Resolution No. 2912 Setting Forth the City's Intention to Vacate and Abandon a Pump station Easement, in the City of Arroyo Grande, and Fixing Time and Place for Hearing as Provided by Streets and ~ Highways Code section 8300, Et Seq. 10. WRITTEN COMMUNICATIONS None. 11. ORAL COMMUNICATIONS None 12. CLOSED SESSION On the unanimously approved motion of Gallagher/smith, the Council adjourned at 8:58 P.M. to a Closed Session pursuant to Government Code section 54956.9a, pending litigation Coker Ellsworth and vic Pace construction Co. vs. the City of Arroyo Grande, San Luis Obispo county Superior Court Case Numbers 68739 and 60060. ______ ___ __ _.___ ____ _____m_____ .w_~__________.. _~___,,__________. ------- _.-- -- --'--'--- -- ----------------~-_..-~_._- .__u__ ._ .. . . . ~, 482 CITY COUNCIL MEETING FEBRUARY 11, 1992 13. ADJOURNMENT The Council reconvened at 9:15 P.M. and immediately adjourned on the unanimously approved motion of smith/Gallagher. ~ i{/L~ iIA--li. HI - IS/ YO\!. ATTEST: ~ a. ~ 1 NANCY A. AVIS, CITY CLERK l