Loading...
Minutes 1990-09-25 - - - - -- -~-- ~ 305 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 25, 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 o~ Allegiance to our Flag, and Council Member Gene Moots delivered the invocation. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Doris Olsen and Moots. Council Member B'Ann Smith was absent. Staff Members present were City Manager Chris Christiansen, City Attorney Judy Skousen, City Clerk Nancy Davis, PUblic Works Director Paul Karp, Chief of Police Rich TerBorch, Parks and Recreation Director John Keisler and Chief Building Inspector John Richardson. ORAL COMMUNICATIONS NORMAN FULLER of 221 Tally Ho Road spoke about poor drainage on Tally Ho Road between the addresses of 193 and 199. He said the street was too narrow, and the traffic warning sign had been removed. Mayor Millis directed Staff to look into the matter. CONSENT AGENDA It was moved by Dougall/Olsen, and the motion passed to approve Consent Agenda items 5.B. through 5.J., with the recommended courses of action. 5.B. September 11, 1990, city Council Minutes. Approved. 5.C. Request Approval of Town Service Bid. Awarded to Low Bidder. 5.D. Final Payment: Tennis Court Lighting: and File Notice of Completion. Approved. 5.E. Steam Cleaning City Sidewalks, Village Area, Branch Street. Awarded to Low Bidder. 5.F. Acceptance of Construction of Water and Sewer Main: Allen Street (Between Mason Street and Traffic Way): Public Works Department. Accepted and Notice of Completion authorized. 5.G. Purchase of 3/4-Ton Hydraulic Wheel Dolly: Budgeted Item; (' Public Works Department. Awarded to Low Bidder. I 5.H. 1990 update to the Public Works Operational Policy and , Procedure Handbook for Field Personnel. Informational. 5.L Award of Bid, Pedestrian Traffic Signals at the Crosswalk on Grand Avenue: Mid-Block Between Alder Street and Brisco Road: Project No. 90-90-2. Awarded to low bidder. 5.J. Authorization for Staff to Amend the Vista del Mar (Wilma I Pacific) EIR Contract. Authorized. ' Consent Agenda Item 5.A. Mayor Millis presented a proclamation noting "crime Prevention Month" to Officer Sherrie Heath of the Arroyo Grande Police Depa~tment. 6. REGISTER OF CHECKS It was moved by Dougall/Olsen, and the motion passed, to 1 ----~----. ___ __ _____..______..__._...__.__._"__~_~_. __ __________....__,_~_.~__o__. "0' ______ - 306 CITY COUNCIL MINUTES SEPTEMBER 25, 1990 7.A. PUBLIC HEARING - INTENT TO BUILD A NEW 1800-S0UARE-FOOT MODULAR HOUSE: 194 1/2 BRISCO ROAD: RICHARD TETER Mr. Christiansen said that the owner of the property wishes to replace the existing older, substandard single family dwelling with a new structure which will be slightly larger than the original. He said the current prohibition on R-3 property prohibits issuance of a building permit; however, Sec. 2.3 allows all uses which are permitted in the R-1 zone provided appropriate findings can be made. 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. RICHARD TETER of 194 1/2 Brisco Road said he would answer any questions the Council might have. When no one else came forward to speak, Mayor Millis closed the hearing to the floor. It was moved by Dougall/Olsen, and the motion passed, to approve the application to build a new 1800-square-foot modular house, with the following findings and conditions: 1. The proposed building permit is consistent with the intent and purpose of the Urgency Ordinance. 2. The proposed building permit will not prejudice the City's ability to provide for the public health, safety or welfare of the city. Council approval also was contingent on the following conditions: 1. That the proposed structure reflect final design and colors of the neighborhood. The design and colors to be approved by Building Department Staff prior to issuance of the building permit. 2. That necessary permits are obtained and all applicable fees paid--giving credit for existing building tax, and existing city utility hook-ups. 3. That any and all non-conforming uses or conditions be corrected or abandoned prior to final. 4. That any future redesign or addition to the approved site plan or structure will require additional staff review and processing. 5. That a formal landscaping plan be approved by the Parks and Recreation Department prior to issuance of a building permit. 6. That an engineered site drainage plan be submitted and approved prior to the building permit by the Public Works Department. """ 7. That all existing banks and slopes to be no greater than 2 to 1 slope or retained with City Standard retaining walls. , , 8. That all utilities will be placed underground from Brisco Road. 9. That all existing substandard or non-conforming fencing is to be upgraded. Design and materials to be approved by Building Department Staff. 10. That the existing driveway approach be modified to fit City standards. Design and size to be determined by the Public Works Department Staff. 2 ,.--..-- - . .--....~ .....-.- - 307 CITY COUNCIL MINUTES SEPTEMBER 25, 1990 7.B. PUBLIC HEARING - ADJUSTMENT OF CERTAIN EXISTING FEES AND THE ADDITION OF NEW FEES FOR SERVICES ,PROVIDED BY THE ARROYO GRANDE POLICE DEPARTMENT: CITYWIDE Mr. Christiansen referred to the September 25, 1990 Staff Report of Police Chief Rick. TerBorch, who recommended that the Council adopt a Resolution amending Resolution No. 2195 and adjusting existing fees and adding new fees for services provided by the police Department. Mr. Christiansen said the fees are in accordance with the actual costs to the city. Chief TerBorch pointed out several minor amendments to the Resolution. . 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 came forward to speak, the Mayor closed the hearing to the floor. After Staff and Council discussion, it was moved by Dougall/Moots (4-0-1, Dougall, Moots, Olsen and Millis voting aye, smith absent) to approve Resolution No. 2417 Amending Resolution No. 2195, Which Adopted Fees and Fines for various services, Permits, Licenses and Infractions. 7. C. CONTINUATION OF PUBLIC HEARING - BOND FINANCING. ARROYO GRANDE COMMUNITY HOSPITAL Mr. Christiansen said that Council had received, (1) a letter from orrick, Herrington and Sutcliffe with drafts of the trust agreement, ( 2 ) the installment sale agreement and installment purchase agreement, (3) the master indenture and the supplemental master indenture for Obligation No.1, (4) a proposed City Council resolution, (5) a letter from Deloitte and Touche with a draft copy of the Feasibility Study for Vista Hospital systems, Inc., and (5) a composite Preliminary Official Statement and Contract of Purchase with the Corporation. He said. the Council also had received a letter from David R. McEwen, the City's attorney in the matter, regarding the certificate of Participation Financing for Arroyo Grande Community Hospital, and a letter from Coopers & Lybrand concerning the reasonableness of the Management Fees and Expenses. Mayor Millis asked questions of the city Attorney regarding City liability. 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. SCOTT GROSS, chief executive of Alpha Hospital Management, Inc., requested that the Council give preliminary approval of the r concept of participating in the sale of tax-exempt bonds. Mayor Millis asked if there was a top limit set for the Management Fee, i and Mr. Gross said the $480,000 was for the duration of the three I year contract. There was further discussion of the Management Fee. , Mr. Gross said he had spoken to eight community groups, and the general medical staff of the hospital. He said most of the physicians had signed a Statement of support. He used the overhead projector and showed data explaining the past and forecasted financial picture of the hospital. He said JOHN MYERS, bond attorney with orrick, Herrington and Sutcliffe, and DICK WOOLSLAYER, hospital administrator, were in the audience to answer any questions. Speaking in favor of the proposal were DR. GLENN THORPE, 425 Cuerda Courte: DR. MICHAEL PAYNE of 100 Country Hills Lane, Chief of the hospital medical staff and Director of the Intensive Care and Cardiac Rehabilitation Unit; CHRIS TETER, 584 Camino Caballo, 3 __u _..~.__ ___.___. ........__. _m___.'...______~_.___ 308' CITY COUNCIL MINUTES SEPTEMBER 25, 1990 manager of the hospital laboratory; DR. RICHARD LASIEWSKI, 775 Bee Canyon: DR. JAMES THORTON, 1273 paseo Ladero, and JANE FRYE of pismo Beach, director of nursing at the hospital. Asking questions and expressing concerns about the proposal were JOE MANION, 255 Larchmont; AL COOPER, 157 Hillcrest Drive; DR. JERREN JORGENSEN of San Luis Obispo: ELLA HONEYCUTT, 560 Oak Hill Road; CLARK MOORE, 11BO Ash street, and MARIE CATTOIR, 195 Orchid Lane. There were questions and answers concerning the city's loss of tax revenue if the hospital is sold to a tax-exempt firm: appraisal ~ of the hospital; the city's liability in case of a lawsuit: charity patient care offsetting the profits; possible loss of tax-exempt status if the hospital land is sold to private individuals; the City's liability if the debt service is not paid: whether collateral is necessary for the sale: the possibility of the bonds not selling; whether a non-profit organization can be sued, and how the management firm could be replaced if necessary. There being no further public discussion, Mayor Millis closed the hearing to the floor. council Members Olsen and Moots and Mayor Millis said many of their questions had been answered, but requested more time to study the materials given to them at the last minute and to ask questions of the attorney hired by the city to protect its interests. Mayor Millis said his big concern is liability and he wants "zero liability." Mr. Myers requested that the Council give final approval to the proposal at the October 9, 1990 meeting. After further discussion, it was moved by Dougall/Olsen, and the motion passed, to continue the public Hearing to October 9, 1990. THE CITY COUNCIL ADJOURNED FOR A RECESS AT 9:45 P.M. B.A. HOOK RAMPS AT CAMINO MERCADO Mr. Karp reported that City Staff now supports the Caltrans striping plan for the oak Park interchange in the vicinity of West Branch Street. He said the Caltrans plan for six lanes on U.S. 101 is now before the Parking and Traffic Commission. Council Members said they supported keeping open all ramps on Highway 10l in the city, exclusive of closures which will occur as part of the Oak Park interchange project. INTERSECTION IMPROVEMENTS AT WEST BRANCH STREET/GRAND 1 AVENUE/TRAFFIC WAY AND WESLEY STREET , Mr. Karp said he had received the appraisal reports on the I property on the southerly side of Grand Avenue at the intersection. ' He said he had met with the Finance Director to confirm that the correct amount was in the Public Works Department budget to complete the acquisition. He said he had directed the city's representative to begin negotiations with the saruwatari family, owners of the property. SOLID WASTE TASK FORCE council Member Dougall referred to his report on the Solid Waste Task Force to which was attached the County Integrated Waste Management Program Budget for 90/91; the Memorandum of Agreement between the County and Cities for Preparation of Source Reduction and Recycling Elements and Countywide Integrated Waste Management Plan, and the September 19, 1990 Staff Report of the San Luis 4 -_.--- - -"------- ------- - --- -----~.-~-._. - ^ 309 CITY COUNCIL MINUTES SEPTEMBER 25, 1990 Obispo Area Coordinating Council. He said this is a Countywide I program and is mandated by the State. He urged ratif ication of the $1 tipping fee which will be used for the costs of preparing an integrated waste management plan. He said the tipping fee may be increased in 1991. Council Member Moots said the $721,300 in the budget is just for the study and integrated waste management plan, and than there will have to be money allocated for implementation. S . D .' UPDATE ON COUNTY PROJECTS i\FFECTING T'HE CITY city Attorney Skousen said the County did adopt some of Arroyo Grande's suggestions with regard to County Tract 1746. She said she believed that the County will listen to the City when Staff strenuously pushes for an areawide environmental impact report for the fringe areas of Arroyo Grande. Mayor Millis said Mesa Drive is a cul de sac and not a collector street and many residents of the street are objecting to a development being built adjacent to it. Ms. Skousen said it would be helpful if those residents would write letters to the Council expressing their concerns. Mayor Millis requested that Staff confirm that the Mesa Drive residents are notified of any County Meetings on the project. 8.E. PROPERTY TRANSFER - FIVE ACRES Mayor Millis, Council Member Dougall and Mr. Christiansen said they may have conflicts of interest and left the room. Mayor Millis said he would remain out of the room during the next Agenda item also because of possible conflict of interests. Ms. Skousen said the County and the developer of Royal Oaks have agreed to a settlement stipulation concerning trees to be given to the City by the developer. She said the city will receive 20 trees and will be allowed to plant them on the five acres or elsewhere in the city. She said because of an insufficient number of Council Members to vote on accepting the Settlement stipulation, approval would have to take place at the October 9, 1990 meeting of the Council. She and Council Members Olsen and Moots agreed that the City lawsuit against the County and developer would not be dismissed until the property is in the city's possession. Council Member Dougall and Mr. Christiansen returned to the meeting. PROPOSED LEASE/PURCHASE AGREEMENT BETWEEN CITY AND LUCIA MAR UNIFIED SCHOOL DISTRICT Mr. Christiansen referred to the September 12, 1990 Staff Report of the Parks and Recreation Director, who said the proposed r- lease/purchase agreement does indicate a commitment by the district I to carry out a property exchange within the next two years and to vacate the Lopez High School campus. Mr. Keisler referred to Page 2, No. 5 of the agreement, and said the Parks and Recreation Commission felt that in the third line the phrase "reasonable period" should be defined more specifically. Council Members Dougall, Moots and Olsen agreed that the time period should be six months. Mayor Millis returned to the dais. 5 ._.'U__"_ _ _..__.. . __..._.. ._. - - _...._ ___,,___ - __u...__ __.________._____ 310 -~ CITY COUNCIL MINUTES SEPTEMBER 25, 1990 9.A. POLICY STATEMENT - TRAFFIC WAY IMPROVEMENTS Mr. Christiansen referred to his memorandum of September 25, 1990 and recommended that the city's policy pertaining to Traffic Way should be the following: 1. Replacement of existing curb, gutter, and sidewalk, to be accomplished by the city. 2. Areas having no curb, gutter, " , and sidewalk will be installed by the property owner. " Mr. Christiansen said that when the Public Works Department reconstructs that section of the street as part of a future Traffic Way improvement project, the City will replace the curb, gutter and sidewalk at 414 Traffic Way. It was moved by Olsen/Dougall, and the motion passed, to adopt the policy as recommended by the City Manager. 9. B. LETTER OF REOUEST FROM PEDRO ARAYA: DISCUSSION OF INFRINGEMENT ON HIS PROPERTY LOCATED AT 357 TALLY HO ROAD Mr. Araya said there were discrepancies in past surveys of his property. He showed maps to the council which he said proved the city was not entitled to take a 14-foot-strip of his land for road purposes. He said he would give the City the 14-foot-strip of land, if he would be allowed to have a lot split and divide the property into two parcels. He said a lot split had been granted on the land in the past. There were Council questions of Mr. Araya. The City Attorney said that it would be illegal and not permitted by the zoning ordinance to grant a lot split on the property at this time. She suggested that Mr. Araya should consult his title company to straighten out the problem of boundary lines on his property. Council Members discussed the matter with Mr. Karp, who said to his knowledge Mr. Araya's property had not been surveyed. He said it is Mr. Araya's responsibility to have a surveyor look at the deed and surrounding properties and then decide where the boundaries are. 9. C. RESOLUTION APPROVING "HANDS ACROSS THE BEACHES" DAY ON OCTOBER 7. 1990 It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots and Millis voting aye, smith absent) to approve Resolution No. 2418 Approving "Hands Across the Beaches" Day October 7, 1990. 9.D. RESOLUTION AMENDING RESOLUTION NO. 2400. WHICH ACCEPTED A l GRANT OF REAL PROPERTY LOCATED IN THE CITY. AND APPROPRIATING NECESSARY FUNDS FOR ESCROW FEES: 35 ACRES. OAK PARK ACRES It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots and Millis voting aye, Smith absent) to approve Resolution No. 2419 Amending Resolution No. 2400 Which Accepted a Grant of Real Property Located in the City of Arroyo Grande, California and Appropriating Necessary Funds for Escrow Fees. 9.E. RECOMMENDATIONS FROM PARKING AND TRAFFIC COMMISSION 9.E.1. RESOLUTION ESTABLISHING A BOULEVARD STOP SIGN AT NORTH R~~ STREET AT ITS INTERSECTION WITH CORNWALL AVENUE (REPEAL RESOLUTION NO. 23731 It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots and Millis voting aye, Smith absent) to approve Resolution No. 2420 Establishinq a Boulevard "stop sign" at North Rena Street at Its 6 .--------...-.- _ .--..--.---. ~ _._u._. __~_,'_____'_"_._"__~'_ "-------....----.---. .------...-.....- - 311 CITY COUNCIL MINUTES SEPTEMBER 25, 1990 Intersection with Cornwall Street. , I 9.E.2. RESOLUTION AUTHORIZING AND ESTABLISHING A 25-MILE-PER-HOUR I SPEED LIMIT ON RODEO DRIVE I It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots and Millis voting aye, Smith absent) to approve Resolution No. 2421 Authorizing and Establishing a 25 Mile Per Hour Speed Limit on Rodeo Drive. 9. E. 3. RESOLUTION ESTABLISHING A BOULEVARD STOP SIGN AT RODEO DRIVE AT ITS INTERSECTION WITH MERCEDES LANE , ~ It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots and Millis voting aye, smith absent) to approve Resolution No. 2422 Establishing a Boulevard "stop Sign" at Rodeo Drive at Its Intersection with Mercedes Lane. 9.E.4. RESOLUTION ESTABLISHING A BOULEVARD STOP SIGN AT ASPEN ST~EET AT ITS INTERSECTION WITH SAGE STREET It was moved by Dougall/Olsen (4-0-1, Dougall, Olsen, Moots and Millis voting aye, Smith absent) to approve Resolution No. 2423 Establishing a Boulevard "stop Sign" at Aspen Street at Its Intersection With Sage street. 9.F. APPOINTMENT OF COUNCIL MEMBER MOOTS AND CITY MANAGER CHRISTIANSEN TO THE CITY/COUNTY PARTICIPATION GROUP TO ADVI~E THE COUNTY IN THE PREPARATION OF A COMPREHENSIVE DEVELOPMENT IMPACT FEE STUDY Mayor Millis appointed Council Member Moots as the elected representative and Mr. Christiansen as the appointed representative to the city/County Participation Group to advise the County in the preparation of a Comprehensive Development Impact Fee Study. 10. WRITTEN COMMUNICATIONS The city Attorney informed the Council about a lawsuit concerning Coker Ellsworth and vic Pace Construction Co., Inc. v. The City of Arroyo Grande, the Arroyo Grande Planning Commission and Does 1 - 20, inclusive. 11. ORAL COMMUNICATIONS None. 12. CLOSED SESSION The City Attorney said that the Council would be discussing: 1. Litigation: Mack vs. city of Arroyo Grande (Government Code Section 54956.9(a) 2. Potential Litigation: Government Code Section 54956.9(b)(1) r' It was moved by DougalljMoots, and the motion passed, to adjourn to a Closed session at 11:00 P.M. 13. ADJOURNMENT . The Council reconvened at 11:15 P.M. and immediately adjourned, on a unanimously approved motion by Moots/Dougall. I, ~,~ . MI I, 'MA~R AT'l'J;ST: '1'1A~a.~ · NANCY A. VIS, CITY CLERK 7