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Minutes 1992-09-08 , 0' 37 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 8, 1992 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANI)E, CALIFORNIA The City Council of the City of Arroyo Grande met at 7:30 P.M., with Mayor Mark M. Millis presiding. 1. FLAG SALUTE AND INVOCATION Mayor Millis led the Pledge of Allegiance to our Flag, and the Rev. Norman Somes of St. Barnabas Episcopal Church delivered the invocation. 3. ROLL CALL Present were Mayor Millis and Council Members A. K. "Pete" Dougall, Matthew P. "Pete" Gallagher, Gene Moots and B'Ann Smith. - Staff members present were City Manager Chris Christiansen, City Attorney Judy Skousen and City Clerk Nancy Davis. 4. ORAL CpMMUNICATIONS DENISE COZZA of 515 Nelson street said City property is now eroding and impacting her home. She requested a meeting with the Public Works Director on the matter, and said the City has known for many months about the erosion problem. The City Manager said he would speak with the Public Works Director about meeting with Mrs. Cozza. 5. CONSENT AGENDA It was moved by Dougall/Smith, and the motion passed unanimously to approve Consent Agenda Items 5. B. through 5. D., with the recommended courses of action. 5.B. August 25, 1992, City Council Minutes. Approved. 5.C. August, 1992, Investment Report. Approved. 5.D. Acceptance of Parcel Map Case No. 89-482: 1040 Maple Street: J. Alex Ramey. Accepted. 5.A. Mayor Millis read a proclamation for "Good Neighbor Months," September through December, 1992: United Way of San Luis Obispo county. Accepting the proclamation on behalf of united Way was Greg Gibson. 6. REGISTER OF CHECKS It was moved by Gallagher/Smith, and the motion passed unanimously to approve cash disbursements in the amount of $494,206.47, as listed in the September 2, 1992, Staff Report of Finance Director David Bacon. 7. PUBLIC HEARING - AMENQMENT TO CHAPTER 6. TITLE 6. SECTIO~ 6- 6.1001 OF THE MUNICIPAL CODE TO ADD A NEW SEWER RATE CATEGORY FOR GARDEN NURSERIES IN THE CITY AT A RATE OF ~4.00 PER MONTH FOR THIS SPECIAL BUSINESS USE: CITYWIDE Mr. Christiansen referred to the August 20, 1992, Staff Report of the Finance Director, who wrote that the proposed ordinance adds a rate category for this special business use (garden nurseries), which does not attach to meter water use. Mr. Christiansen said garden nurseries use large quantities of water that does not go into the City sewer system but rather percolates into the ground. He said a sewer rate structure of 50 percent of the water bill for such a business can be viewed as excessive. Council Member smith asked questions about sewer rates and the billing thereof, saying that she wanted to be sure the proposed change was fair. 1 _,____~__.....__.__._u_,._,_ ..--..---- 38' CITY COUNCIL MINUTES SEPTEMBER 8, 1992 After being assured that the Public Hearing had been duly noticed 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. Mr. Christiansen read the title of the Ordinance Amending the Municipal Code Related to City Sewer Charges by Amending Chapter 6 of Title 6, Section 6-6.1001. After a unanimously approved motion by Dougall/Smith to dispense with further reading of the ordinance, Mayor Millis said that constituted the first reading of the ordinance. 7.B. PUBLIC HEARING - EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT, AN INSTALLMENT SALE AGREEMENT. A TRUST AGREEMENT. A CONTRACT OF PURCHASE. AN OFFICIAL STATEMENT MID. CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH RELATING TO AN INS'I'AT.T,MENT PURCHASE AND SALE FINANCING FOR ARROYO GRANDE HOSPITAL: 345 SOUTH HALCYON ROAD Mr. Christiansen said he was in possession of a copy of the Public Hearing Notice on this matter published in the Times Press Recorder on August 21, 1992. He also referred to the September 8, 1992, letter from David R. McEwen of Stradling, Yocca, Carlson and Rauth stating that nothing in the proposed financing documents will adversely affect the city nor create any liability in connection with the Certificates of Participation. After being assured that the Public Hearing had been duly noticed and all legal requirements met, Mayor Millis declared the hearing open and said all persons would be heard regarding the matter. SCOTT GROSS of Sausalito, a representative of Arroyo Grande Hospital, said the purpose of the refinancing was to lower the financing costs of the hospital. He said the hospital is doing well and has met all its financial objectives. He said the work on the street next to the hospital is being completed. When no one further came forward to speak, Mayor Millis closed the hearing to the floor. Council Members Smith and Gallagher asked Mr. Gross about the Health Park the hospital has promised to clean up and maintain for the pUblic. Mr. Christiansen said with City is working with the hospital administrator and a member of the public to get the health park ready for public use again. Council Member Dougall asked for annual hospital financial statements, and Mr. Gross said they were deposited with the ~ financial trustee of the City. Mayor Millis directed Staff to provide the statements to the Council. It was moved by Smith/Dougall (5-0-0, Smith, Dougall, Gallagher, Moots and Millis voting aye) to approve Resolution No. 2948 Authorizing the Execution and Delivery of an Installment Purchase Agreement, an Installment Sale Agreement, A Trust Agreement, A Contract of Purchase, An Official Statement and Certain Other Actions in Connection Therewith Relating to an Installment Purchase and Sale Financing for Arroyo Grande Hospital. 8.A. SOURCE REDUCTION AND RECYCLING ELEMENT WORKSHOP/PUBLIC HEARING. SEPTEMBER 22. 1992. 3~30 P.M. : JOINT MEETING OF CITY COUNCIL AND PLANNING CO~ISSION Mr. Christiansen pointed out to the Council that the time of the meeting had been changed from 2:00 to 3:30 P.M. on September 22, 1992. 2 -------~.__.._._._-_._-- > 39 CITY COUNCIL MINUTES SEPTEMBER 8, 1992 9.A. AMENDMENT TO CITY'S CQNFLICT OF INTEREST CODE REGARDING DESIGNATED POSITIONS TO INCLUDE MEMBERS OF THE MOBILE HOME RENT REVIEW BOARD. AND TO MAKE VARIOUS CHANGES TO STAFF AND COMMISSION TITLES It was moved by Dougall/Smith (5-0-0, Dougall, Smith, Moots, Gallagher and Millis voting aye) to approve Resolution No. 2949 Revising Resolution No. 2411 Conflict of Interest Code by Adding the Mobile Home Rent Review Board to the Appendix of Designated Positions: and Various Other Staff and Commission Title Changes. 9.B. RESOLUTION REOUESTING AUTHORIZATION TO CLOSE ~ STREET FOR THE 1992 ANNUAL HARVEST FESTIVAL PARADE It was moved by Dougall/Gallagher (5-0-0, Dougall, Gallagher, Smith, Moots and Millis voting aye) to approve Resolution No. 2950 Requesting Authorization to Close a street (Branch Street/Highway 227) for Harvest Festival Parade. 9.C. ACCEPTANCE OF FIR~ ENpINE FROM STATE OF CALIFORNIA/OFFICE OF EM~RGENCY SERVICES Mr. Christiansen referred to the September 3, 1992, Staff Report of Director of Building and Fire Kurt Lapitow. Chief Latipow's report said that the acceptance of this piece of equipment will allow the City to have a reserve fire engine that could be placed in service when one of the City's fire engines is being serviced or repaired. Chief Latipow wrote that the City's obligation would be to send the engine, along with three qualified personnel, to any incident deemed an emergency by the State. It was moved by Smith/Gallagher, and the motion was approved unanimously to accept the Fire Engine from the state of California Office of Emergency Services. 9.D. ZONE 3 UPDATE Council Member Gallagher reported to the Council on a meeting held by the San Luis Obispo County Flood Control Water Conservation Zone 3 Advisory Committee. The special meeting was about the status of Lopez Dam in view of current earthquake standards that have been upgraded since the dam was completed in 1968. He said the State has required that the Flood Control District submit a plan for remedial work within 60 days. He said a risk-analysis study also would have to be done, and that together the plan and study would cost approximately $140,000.00. He said there would probably be another bond assessment incurred to pay for the work on the dam. Mayor Millis and Council Members said there should be a major effort by the Council and Staff to ensure that all users and beneficiaries of the dam share equally the costs of the studies and the remedial work. 10. WRITTEN COMMUNICATIONS None. ~ 11. ORAL COMMUNICATIONS CLARK MOORE of 1180 Ash Street spoke with regard to Agenda Item 9.D., and said engineers should not be comparing Lopez Dam to the Idaho Teton Dam that failed even without an earthquake. He also said Lopez Dam was not designed for flood control. Council Member smith requested that the erosion issue at 515 Nelson Street be placed on the next Council agenda. 12. CLOSED SESSION None. 3 ---... _.--._._---~---_._.. ------- 40 CITY COUNCIL MINUTES SEPTEMBER 8, 1992 13. ADJOURNMENT On the unanimously approved motion of Dougall/Moots, the Council adjourned at 8:12 P.M. to the workshop/public hearing on Tuesday, September 22, 1992, at 3:30 P.M. ~M ATTEST: ha.~ NANCY A. DAVIS, CITY CLERK -.,