Minutes 1995-12-12
I ..
.
. ....... 67
.....
MINUTES
SPECIAL AND REGULAR MEETINGS OF THE CITY COUNCIL
TUESDAY, DECEMBER 12, 1995
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
I ARROYO GRANDE, CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
The City Council of the City of Arroyo Grande convened for a
Special Meeting at 6:47 p.m., with Mayor A. K. "Pete" Dougall
presiding.
1. CLOSED SESSION
Mayor Dougall; Mayor Pro Tern James Souza; Council Members Drew
Brandy, Michael Fuller, and Michael Lady; City Manager Robert L.
Hunt, and City Attorney Roger Lyon adjourned to a Closed Session
on the following:
(a) Conference with Legal Counsel: Anticipated Litigation
Government Code section
54956.9(c)
Significant Exposure to
Litigation Involving
one (1) Potential Case.
(b) Public Employee Performance ..
Evaluation Pursuant to
Government Code section
54957: city Manager
2. ADJOURNMENT
The city Council reconvened at 7:25 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. ~T.T. TQ ORDER
The City Council began its Regular Meeting at 7:30 p.m., with
Mayor Dougall presiding. The Mayor said there was no reportable
action taken in the Closed Session.
2. AND 3. FLAG SALUTE AND INVOCATION
( Mark stevenson, president of the Arroyo Grande Valley Kiwanis
I Club, led the Pledge of Allegiance .to our Flag. The Rev. Jan
i Armstrong of Grover Beach First Presbyterian Church delivered the
I
\,;,: invocation.
....
4. ROLL C1H.T.
Present with Mayor Dougall were Mayor Pro Tem Souza and Council
Members Brandy, Fuller, and Lady. Staff members present were
1
-,~._............_-
68. --
.
CITY COUNCIL MINUTES
DECEMBER 12, 1995
Ci~y Manager,Hunt! City Attorney Lyon, City Clerk Nancy Davis,
Ch~ef of Pol~ce R~ck TerBorch, Community Development Director
Doreen Liberto-Blanck, Public Works Director John Wallace and
Parks and Recreation Director John Keisler. ' C
....-,
".','\
"."..,
5. SPECIAL PRESENTATIONS
(a) Letter of Appreciation - Flag Salute Presentation. Presented '.(
by Mayor Dougall to Mr. Stevenson.
(b) Proclamation: "Honoring the Economic Opportunity Commission's
30th Anniversary," and Declaring December, 1995 as "EOC - 30th
Anniversary Month." Presented by Mayor Dougall to Emma
Valdivieso of the EOC.
(c) Presentation of Certificates of Commendation and Monetary
Awards to City Employees Bill Fuller, Dave King, and Joe Mejia.
Mayor Dougall presented certificates and checks for $25 from the
Employee Suggestions Awards Program.
6. AGENDA REVIEW
The City Manager said there were no additions or corrections to
the meeting agenda.
6.A. MOTION TO READ AT.T. RESOLUTIONS IN TITLE OBLY
It was moved by Souza/Brandy (5-0-0, Souza, Brandy, Fuller, Lady,
and Dougall voting aye) to read all resolutions presented at the
meeting in title only and all further reading be waived.
7. PUBLIC HRARINGS
There were no public hearings on this agenda.
8. PUBLIC COMMENT PERIOD
(a) Byron Briley, Avila Beach, member of the Local Agency
Formation Commission, informed the Council of a December 13, 1995
meeting of LAFCO, when a dependent or independent commission will
be discussed. He said there is a perception that LAFCO is a San
Luis Obispo County agency and therefore biased toward the County.'
(b) Lenore Lambert of 573 Via La Barranca presented a petition to
the Council on behalf of residents of her street complaining
about health and safety problems caused by a drainage basin at [
the end of their street. She said the basin overflows, is
unsightly, and is a hazard. She asked that the matter be on the
next Council agenda. <I
9. CONSENT AGENDA
It was moved by Brandy/Fuller, and the motion passed unanimously
to approve Consent Agenda Items 9.a., 9.b., 9.d. through 9.f.,
and 9.i. through 9.m., with the recommended courses of action.
2
- --- --'---~-'-'---"-'---
, .
~ 69
.
CITY COUNCIL MINUTES
DECEMBER 12, 1995
9.a. November 14, 1995, City Council Minutes. Approved.
9.b. November, 1995, Investment Report. Approved.
9.d. City Council Meeting of December 26, 1995. Canceled.
9.e. Rejection of Claims Against the City. Rejection approved.
9.f. Resolution Adopting Compensation Program for Part-Time
Employees and Fire Volunteers. Resolution No. 3111 Adopting a
Salary and Benefit Program for Part-Time Employees and Fire
Volunteers for Fiscal Year 1995-96 was approved.
9.i. Request by Dan Peterson and Don Stewart to Construct Two
Benches in Tiger Tail/La Mesa Park. Approved.
9.j. Progress Payment No.5 for Replacement of Water and Sewer
Improvements in Mason, Poole, Whiteley Streets and Related
Pavement Rehabilitation; Project No. 60-70-95-01. Approved.
9.k. Tract 983; Tally Ho Road; Acceptance and Approval; L. C.
LaVine. Final Map accepted and approved. Waterline easement
accepted by a separate document.
9.1. Authorization to Seek Bids for Backhoe. Approved.
9.m. Authorization to Enter into an Agreement with Liebert,
Cassidy and Frierson for an Employee Relations Consortium.
Authorization to enter into an agreement approved.
It was moved by Lady/Fuller (5-0-0, Lady, F~ller, Brandy, Souza,
and Dougall voting aye) to approve Consent Agenda Items 9.c.,
9.g., and 9.h., with the recommended courses of action.
9.c. Register of Checks/Demands. Approved. Council Member
Fuller asked if amount listed in the Register of Checks/Demands
as a Progress Payment for the Water, Sewer, and street project in
the Village included final cleanup of the project. Mr. Wallace
said if the contractor does not do the cleanup, the City will do
it and back charge against the contract.
( 9.g. Adoption of City Personnel Regulations. Resolution No. 3112
l, Adopting City of Arroyo Grande Personnel Regulations was
approved. Mayor Dougall questione~ if the City should pay the
legal fees of an employee accused of sexual harassment, and the
City Attorney said the City may have to pay legal fees if the
allegations of sexual harassment are unfounded.
9.h. Request by Lopez High School Students to Adopt a Portion of
3
-.-.-.....---
'f U'
----.
CITY COUNCIL MINUTES
DECEMBER 12, 1995
the Arroyo Grande Creek, Between Mason and Bridge Streets.
Approved. Mayor Dougall suggested that there be an agreement on
this matter between the City and the students. The City Manager
said an agreement would be drawn up and approved by the City [
Attorney. ,': . ~ ,
10. CONTINUED BUSINESS: ( a) PRE-APPLICATION REVIEW FOR GENERAL
PLAB AMENDMENT: PLANNED DEVELOPMENT REZONE AND TENTATIVE MAP TO
SUBDIVIDE A 29-ACRE PARCEL INTO 42 LOTS: ROYAL OAKS. TRACT 1390:
LOT 82: APPLICANT: DON MCHANEY
Community Development Director Liberto-Blanck referred to her
staff report and recommended the Council provide direction to
staff and the applicant on the proposed rezone and construction
of 40 residential units on a 29.08 acre parcel. She referred to
a map on the wall and designs and plans on the overhead
projector.
Dan Lloyd of Engineering Development Associates spoke to the
Council and referred to Lot 82 in the Royal Oaks Subdivision, for
which the applicant requested a general plan amendment and rezone
for 42 lots. He represented Don McHaney, the applicant. Mr.
Lloyd said the goal of the project was to build small lot single
family, single level homes selling for under $200,000. He asked
for Council input.
Council Members discussed the project with the applicant and said
it is a viable concept. They had concerns regarding access to
the Grace Bible Church parking lot, the affordable housing issue,
setbacks, drainage, an adequate buffer to the existing homes
above the project, density, water resources, grading, easements,
parking, and the compatibility of the project with the goals and
objectives of the General Plan.
In the discussion of the main project roadway Council Members
Fuller and Lady said they liked the idea of the roadway as a
collector street, Council Member Brandy said the street looked
fine to him as long as it met fire standards, and Council Member
Souza said he would like to see the roadway function as a
collector street. Mayor Dougall said what he had heard from the
Council was that members were agreeable to a "collector" street
and he did not think that was what the applicant was proposing.
Mr. Lloyd said it was a little broader than a collector, but with (-
no parking.
11. NEW BUSINESS: ( a) REOUEST TO AMEND ANNEXATION STUDY - JAMES
ESTATE ANNEXATION
The community Development Director referred to her staff report
and recommended Council require the Annexation Study to include
Item No. 3, unless a countywide agreement on a standard transfer
4
-
.. 71
---..
CITY COUNCIL MINUTES
DECEMBER 12, 1995
of property tax is approved prior to the 30-day negotiation
period on the James Estate Annexation.
( John Ashbaugh of Perspective planning, representing the
I
, applicants, said the James family would like to annex to the City
l but it seems to be costing too much. He requested that Item No.
3, "The level and cost of services, which would be-provided by
the County, as well as those services needed against property tax
revenues, and other user fees to be gained, if the property is
not annexed to the City," be eliminated from the Annexation
study.
Council Members agreed with the staff recommendation. city
Manager Hunt said it will be immensely important information for
the city to have in order to negotiate effectively with the
County. He said the consultant would not be asked to do the work
until the City is ready to sit down and negotiate with the
County. He said the money for the consultant wor~ would be
expended only when necessary, and a refund would be made to the
applicant if applicable. Mr. Ashbaugh agreed to this procedure.
12. WRITTEN COMMUNICATIONS: (8.) STATUS ON LEn TURN POCKET ON
GRAND AVENUE AT SQIJTHRRN AUTO SUPPLY: 951 GRAND AVEIfUE
city Manager Hunt referred to a memorandum from the Director of
Public Works Wallace that stated while the applicant was
solici ting bids several objections to the proj,ect had been made.
Mr. Hunt said staff would keep the Council informed on the matter
and the item would be back on the agenda after the first of ,1996.
13. ORAL COMMUNICATIONS
(a) council Member Souza introduced young people who will
participate in "Youth in Government Day" January 18, 1996.
(b) council Member Lady said the cookies being provided were a
nice addition to the Council meetings.
(c) Mayor Dougall said there were proposed additions to the
California Constitution that would affect the cities in the
state. He said a questionnaire on the matter is being circulated.
1.4. ADJOURNMENT
It was moved by Lady/Fuller, and the motion passed unanimously to
adjourn the meeting at 8:57 p.m. to 7:30 p.m. January 9, 1996.
1\00.....'
5
- -.--