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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 - -.--