Minutes 1995-11-28
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MINUTES
SPECIAL AND REGULAR MEETING OF THE CITY COUNCIL
TUESDAY NOVEMBER 28, 1995
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
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SPECIAL MEETING OF THE CITY COUNCIL
The City Council of the City of Arroyo Grande met for a Special ,')
Meeting at 6:45 p.m., with Mayor A. K. "Pete" Dougall presiding.
1. CLOSED SESSION
Mayor Dougall; Mayor Pro Tem James Souza; Council Members Drew
Brandy, Michael Fuller, and Michael Lady; City Manager Robert L.
Hunt; City Attorney Roger Lyon, and Chief of Police Rick TerBorch
adjourned to a Closed Session on the following:
(a) Conference with Labor Negotiator: Government Code section
54957.6
Agency Negotiator: Police Chief TerBorch
Employee unit: Part-Time Employees
2.. ADJOURNMENT
The City Council reconvened at 7:20 p.m. after the Closed Session
and adjourned to the Regular city Council Meeting at 7:30 p.m.
REGULAR MEETING OF THE CITY COUNCIL
1. CAT.T. TO ORDER
The City ~ouncil began its Regular Meeting at 7:30 p.m., with
Mayor Dougall presiding. Mayor Dougall said there was no
reportable action taken in Closed Session.
2.AHD 3. FLAG SALUTE AND INVOCATION
Mayor Dougall led the Pledge of 'Allegiance to our Flag, and the
Reverend Dr. Norman F. Somes of st. Barnabas Episcopal Church
delivered the invocation.
4. ROLL CJH.T.
Present with Mayor Dougall were Mayor Pro Tem Souza and Council
Members Brandy, Fuller, and Lady. Staff members present were
City Manager Hunt, City Attorney Lyon, City Clerk Nancy Davis, I
Community Development Direc~or Doreen' Liberto-Blanck, Public [
Works Director John Wallace, Director of Building and Safety Kurt ,".\
Latipow, and Police Chief TerBorch. ~
5. SPECIAL PRESENTATIONS ',",.
There were no Special Presentations.
6. AGENDA REVIEW
Mr. Hunt said additions to the Agenda included a revised
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CITY COUNCIL MINUTES
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recommendation on Item 7.b., a revised Resolution on 10.b., and a
letter from San Luis Obispo Council of Governments at Item 12.b.
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I 6.A. MOVE THAT A'{..T. RESOLUTIONS AND ORDINANCES PRESENTED TONIGHT
I BE READ IN TITLE ONLY AND ~T.T. FURTHER READING BE WAIVED
l It was moved by Souza/Brandy, and the motion passed unanimously
that all Resolutions and Ordinances in the Agenda be read in
title only and all further reading be waived.
7.A. PUBLIC HEARING - LOT LINE ADJUSTMENT CASE NO. 95-527: A
PROPERTY LINE ADJUSTMENT OF SIX COMMERCIAL PROPERTIES: TO
RECONFIGURE THE PROPERTY BOUNDARIES TO FIVE PARCELS: WEST BRANCH
STREET. CAMINO MERCADO AND RANCHO PARKWAY (RANCHO GRANDE):
GENCOM, INC.
Community Development Director Liberto-Blanck referred to her
staff report and said the Planning Commission recommended the
Council adopt the resolution approving the reconfiguration of
five lots to four.
After being assured that assured that the Public Hearing had been
duly published and all legal requirements met, Mayor Dougall
declared the hearing open and said all persons would be heard
regarding the matter. When no one came forward to speak, he
closed the hearing to the floor.
It was moved by Brandy/Fuller (5-0-0, Brandy, Fuller~ Souza,
Lady, and Dougall voting aye) to approve Resolution No. 3108
Adopting a Negative Declaration, Approving Lot Line Adjustment
.Case No. 95-527, Applied for by GenCom, Inc. at West Branch
Street, Camino Mercado and Rancho Parkway (Rancho Grande); and
Instructing the City Clerk to File a Notice of Determination.
7. B. PUBLIC HEARING - APPROVAL OF DOCUMENTS FOR REFINANCING OF
ARROYO GRANDE COMMUNITY HOSPITAL'S CERTIFICATES OF PAR'l'ICIPATION
( COPs). SERIES 1995 IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO
EXCEED $35.000.000 (THE "COPs): VISTA HOSPITAL SYSTEMS. INC.. 345
SOUTH HALCYON ROAD. ARROYO GRANDE
City Manager Hunt recommended the city Council adopt a modified
resolution approving the final documents for refinancing of
Arroyo Grande Community Hospital's (Vista Hospital Systems, Inc. )
certificates of Participation on the condition that the
.( Certificates of Participation not be delivered to the purchaser
thereof prior to January 1. 1996 unless the City receives an
i opinion from Stradling. Yocca. Carlson and Rauth that such
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I . delivery will not affect the tax exempt status of the City's
\~j' outstanding lease/option indebtedness. He said the underlined
words beginning with "on the condition" were added based on the
advice of legal counsel (City attorney and Stradling et al).
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After being assured that the Public Hearing had been duly
published and all legal requirements met, Mayor Dougall declared
the hearing open and said all persons would be heard regarding
the matter. [
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Scott Gross, President, Primus Management, Inc., said the
hospital is doing well financially and desires to lower the
interest rate on the bonds. He said when the hospital is in good
financial health, the charges to the patients can be kept at the
same level and more charity care can be given to the community.
When no one further came forward to speak, Mayor Dougall closed
the hearing to the floor.
After favorable comments from the Council, it was moved by
Brandy/Fuller (5-0-0, Brandy, Fuller, Lady, Souza, and Dougall
voting aye) to approve Resolution No. 3109 Authorizing the
Execution and Delivery of an Installment Purchase Agreement, an
Installment Sale Agreement, a Trust Agreement, a Purchase
Contract, a Limited Offering Memorandum and Certain Other
Documents and Actions in Connection Therewith Relating to an
Installment Purchase and Sale Financing for Vista Hospital
Systems, Inc., Doing Business as Arroyo Grande Community
Hospital. The motion to approve Resolution No. 3109 included
acceptance of the City Manager's revised recommendation that the
Resolution be passed "on the condition that the certificates of
Participation not be delivered to the purchaser thereof prior to
January 1, 1996 unless the City receives an opinion from
Stradling, Yocca, Carlson and Rauth that such delivery will not
affect the tax exempt status of the city's outstanding
lease/option indebtedness."
8. PUBLIC COMMENT PERIOD
No one came forward to speak.
9. CONSENT AGENDA
It was moved by Souza/Brandy (5-0-0, Souza Brandy, Fuller, Lady,
and Dougall voting aye) to approve Consent Agenda Items 9.a.
through 9.d., 9.f., and 9.g., with the recommended courses of
action.
9.a. October 24, 1995, City Council Minutes. Approved. [
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9.b. Second Reading of Ordinance 471 C.S. Amending Title 9 of the ..
Municipal Code to Establish Regulations for Adult Businesses; GC
and HC Zoning Districts within the City of Arroyo Grande. The
Ordinance was adopted.
9.c. Request to Purchase Budgeted Items; Vehicle Equipment and
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Installation; Police Department. Approved.
[' -~ 9.d. Register of Checks/Demands. Approved.
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I 9.f. Progress Payment No.4 for Replacement of Water and Sewer
l Improvements in Mason, Poole, Whiteley Streets and Related
Pavement Rehabilitation; Project No. 60-70-95-01. Approved.
9.g. Employee Suggestion Awards. Approved.
Mayor Dougall discussed Item 9.e. Approval of Subdivision
Agreement for Lot Line Adjustment No. 95-523; 1081 Farroll
Avenue; Gin/Keith. He said the city is trying to be "business
friendly" but developers should do their part also. He said the
developers in this case had months to complete public
improvements on the project. He said they should not wait until
the last minute to say they cannot complete the improvements,
then bond for the improvements, and then make the city the "bad
guy" in letters from their attorney. It was moved by Lady/Fuller
to approve the Subdivision Agreement for Lot Line Adjustment No.
95-523; 1081 Farroll Avenue; Gin/Keith. Council Members Lady,
Fuller, Brandy, and Souza voted aye and Mayor Dougall voted no.
10.A. PRE-APPLICATION REVIEW: PROPOSED COMMERCIAL PROJECT LOCATED
ON WEST BRANCH STREET. CAMINO MERCADO. AND RANCHO PARKWAY (RANCHO
GRANDE): APPLICANT: GEHCOM. INC.
community Development Director Liberto-Blanck referred to her
staff report and recommended the Council review comments and
preliminary conditions for the pre-application from the Staff
Advisory Committee and Planning Commission, and the proposed
Concept Development Plan. She also recommended the Council
discuss any issues and/or provide staff and the applicants with
any further direction regarding this project.
Andy Marton, representing the applicant GenCom, Inc., discussed
the project with the Council Members. He showed the Council the
basic concept of the project. There were Council questions
concerning the service station, Festival Theaters, relocating the
Sizzler Restaurant, elevations, a wall, and the developer
consulting with the residents of Rancho Grande Subdivision and
[ other Arroyo Grande residents in planning the project. Mayor
Dougall said he would like the commercial center to bea
destination point where people could shop, dine, and see a,show.
He suggested that the center would be a good location for the
proposed performing arts center.
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10.B. T.RASE PURCHASE OF CAPITAL EOUIPMENT
Director of Building and Safety Latipow referred to his staff
report and recommended the Council adopt a resolution entering
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into a master lease program with Municipal Leasing Associates.
He said the proposal is to utilize Municipal Leasing Associates,
Inc. to fund a five-year master lease program for the city as
follows: [
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Fund $380,000 for the purpose of acquiring capital equipment.
Funds shall be placed in an escrow account and utilized at such
time as the City deems appropriate. Staff will, as always,
employ required bidding procedures to secure the lowest possible
cost for each respective piece of equipment.
Council Members asked questions about the escrow account,
requirements of the lease, savings to the city, renegotiating the
lease interest rate, and returning equipment if City funds become
unavailable.
The city Manager explained the revised Resolution removed
language regarding a 10 percent contingency that staff felt was
not necessary.
It was moved by Souza/Lady (5-0-0, Souza, Lady, Fuller, Brandy,
and Dougall voting aye) to approved Resolution No. 3110
Authorizing Lease Agreements.
10.C. INTERPRETATION OF A REOUIREMENT FOR AN IMPROVEMENT
AGREEMENT TO UNDERGROUND UTILITIES FOR BARRON CAR WASH: GRpD
AVENUE AND RT.M STREET: CONDITIONAL USE PERMIT CASE NO. 93-508
(ROBERT BARRON)
Public Works Director Wallace referred to his staff report and
said staff recommended the Council consider alternative
agreements for undergrounding of utilities in accordance with the
Conditional Use Permit for the subject project, and provide
direction on the conditions of any such alternative agreement.
Council Members discussed the costs and alternatives of
undergrounding utilities at Barron Car Wash.
Bob Barron, owner of the car wash, said his main concern was to
get the undergrounding completed and not have it "hanging over"
the business.
After further Council discussion, it was moved by Lady/Fuller, [
and the motion passed unanimously to approve Alternative No. 2
authorizing Mr. Barron to transfer the estimated $10,600 to the <<
city and relieve him of any future responsibility with respect to
the undergrounding. The City would then proceed to utilize these
funds and complete Mr. Barron's portion of the work in the
future, even if it were to cost more.
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10.D. DRAINAGE MAINTENANCE IN THE TAT.T.y HO CREEK AND MEADOW CREEK
AREAS
Public Works Director Wallace referred to his staff report and
recommended for the short term maintenance of Tally Ho Creek and
Meadow Creek, Council direct staff to contract with the
California Conservation Corps (CCC) and to utilize City crews and
equipment to support the CCC crews. Also, utilize inmate labor
wherever possible to supplement this effort.
He recommended for long term drainage improvements and on-going
maintenance of those improvements, Council direct staff to
investigate the formation of a Citywide drainage assessment
district and report back in 90 days.
Urging the Council to move forward on cleaning out the creeks and
finding a long-term solution to flooding were Tally Ho Road
residents Tito Gaxiola, Sandy Facchetti, John Sherman, and Terry
Bowen. Tom Talbert, president of the Oak Park Leisure Home Owners
Association, also spoke to the Council.
It was moved by Souza/Brandy, and the motion passed unanimously
to approve the staff recommendations for short term maintenance
of Tally Ho Creek and Meadow Creek, contracting with the
California Conservation Corps, utilizing City crews and
equipment, and utilizing inmate labor wherever possible to
supplement this effort.
It was moved by Lady/Fuller, and the motion passed unanimously,
for long-term drainage improvements and on-going maintenance of
those improvements, to direct staff to investigate the formation
of a Citywide drainage assessment district and report back in 90
days.
10.E. FIRST QUARTER 1995-96 BUDGET REVIEW
City Manager Hunt said for the first quarter of the fiscal year
the California retail sales, including vehicle sales, improved,
but home sales dropped. He said staff was cautiously optimistic
about the California economy.
Finance Director Bacon referred to his staff report and
r recommended the Council receive and file his report. He said
actual revenues in the General Fund and other funds during the
first three months of 1995-96 generally exceeded expected amounts
by two percent. He said actual expenditures in the General Fund
and other funds were generally less than anticipated.
It was moved by FUller/Brandy, and the motion passed unanimously
to receive and file and First Quarter 1995-1996 Budget Review
report.
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10.F. ADOPTION OF CITY OF ARROYO GRANDE MISSION STATEMENT
City Manager Hunt referred to his memorandum to the Council and
recommended that the City of Arroyo Grande Mission Statement be
adopted. He said the proposed Mission Statement would be printed, ~
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framed, and placed in as many conspicuous places around city
facilities as possible. '
It was moved by Dougall/Brandy, and the motion passed unanimously " -J
to adopt the city of Arroyo Grande Mission Statement.
11. CITY COUNCIL REPORTS
(a) Mayor Dougall reported on the following:
(1) South San Luis Obispo County Sanitation District - The
district has a program to instruct young people about careers in
waste treatment.
(2) Local Agency Formation Commission - A meeting of LAFCO is set
for December 13, 1995. The Mayors of the'County are trying to
get LAFCO in a more balanced formation and are working through
the San Luis Obispo Council of Governments to explore guidelines
for orderly development.
(b) Mayor ProTem Souza:
(1) Long-Range Plan Update Committee - No Report
(2) Chamber of Commerce Economic Development Committee - No
Report
(3) Coordinated Agriculture Support Program - No Report
(c) Council Member Brandy reported on the following:
(1 ) Zone 3 Water Advisory Committee - Lake Lopez is 83 percent
full and water is not being released downstream. Some current
issues are water rights and how much should be released
downstream, Arroyo Grande's right to reimbursement for incorrect
water meters, the delay in the Watershed Survey, the'delay in the
test for seismic safety of Lopez Dam, the lowering of the costs
of State Water, and Arroyo Grande getting reimbursement credit
for the ownership of 51 perce~t of the water pipes.
(2) county Water Resources Advisory Committee - The draft outline
of the San Luis Obispo county Water Master Plan is being [
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circulated and studied.
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(d) Council Member Lady reported on the following:
(1) South County Area Transit- Requests for Proposals are being
studied and Santa Barbara Transportation and American Tours have
been. requested to bid again.
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(2) Council of Governments - The San Diegan train has begun
service and the Mayor was a passenger. A report was given on the
transportation of radioactive waste. The COG will monitor the
issuance of right-of-way transportation (permits) and request
that PG&E prepare a concise conceptual plan to be made available
to all local jurisdictions at least seven years prior to any
anticipated shipments. The Federal Government will be making
final decisions on transportation of any radioactive waste.
(3) San Luis Obispo Regional Transit Authority - The regional
management employment contract will be on the SLORTA meeting
agenda of December 6, 1995, and the 1995-96 budget will be
revised with a savings to Arroyo Grande of $16,000.
(e) Council Member Fuller reported the following:
(1 ) Integrated Waste Management Authority Board - No report.
(2) Air Pollution Control Board - No report.
12. WRITTEN COMMUNICATIONS:
(a) Status of Left Turn Pocket on Grand Avenue at Southern Auto
Supply, 951 Grand Avenue. The Council accepted a report written
by Director of Public Works Wallace concerning the proposed left
turn pocket in front of 951 Grand Avenue. The matter will be on
the December 12, 1995, Council Agenda.
(b) Transportation of Radioactive Waste Materials - The Council
accepted a letter from COG Executive Director Ron DeCarli,
excerpts from minutes of a COG meeting of November 8, 1995 and a
COG staff report on Radioactive Waste Transportation.
13. ORAL COMMUNICATIONS:
Council Member Souza said Youth in Government Day will be January
18, 1996 and elected student participants will be contacting
their counterparts before that date. He listed those students
who were elected to fill the various City positions.
14. ADJOURNMENT
It was moved by Lady/Brandy, and the motion passed unanimously to
adjourn the meeting at 9:30 p.m.
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ATTEST:
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