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Minutes 1994-09-13 , . 349 . MINu'rES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 13, 1994 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 Matthew Peter Gallagher, III, presiding. 1- & 2. FLAG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flag, and the Rev. Paul Bautts of Bethel Baptist Church delivered the invocation. 3 . ROLL CALL Present with Mayor Gallagher were Council Members Drew Brandy, Bernard Burke, Michael Lady and James Souza. Staff members present were City Manager Chris Christiansen, City Attorney Roger Lyon, city Clerk Nancy Davis, Current Planner Scott Spierling and Chief of Police Rick TerBorch. 4. ORAL COMMUNICATIONS None. 5. SPECIAL PRESENTATIONS a. Proclamation Recognizing Police Officer Kevin McBride and his K-9 Officer, TZAR, for their Outstanding Performance at the Recent Police Olympics. Mayor Gallagher presented the proclamation to Officers McBride and TZAR. b. Resolution Recognizing Reserve Officer Jeffry Bromby, 1994 Reserve Police Officer of the Year. Mayor Gallagher presented the resolution to Reserve Officer Bromby. 6. CONSENT AGENDA It was moved by Lady/Burke, and the motion passed unanimously to delete Consent Agenda Item 6.e. from the agenda. 6.e. Request to Purchase Valve Machine; Public Works Department; Budgeted Item. It was moved by Burke/Souza, and the motion passed unanimously to approve Consent Agenda Items 6.a. through 6.d. and 6.f. through 6.i., with the recommended courses of action. 1 350' CITY COUNCIL MINUTES SEPTEMBER 13, 1994 6.a. August 23, 1994, City Council Minutes. Approved. 6.b. September 7, 1994, Senior Advisory Commission Minutes. Information. 6.c. August, 1994, Investment Report. Information. 6.d. Donation of Trailer to Transport Hazardous Materials Incident Response Equipment. Received, and an official thank you will be sent. Mayor Gallagher noted that Fire Department personnel worked very closely with Warner Brothers during the recent filming of the movie "Little Giants," and because of that relationship, Warner Brothers asked what they could do to assist the day-to-day operation of the department. He said it was recommended that a "haz mat" trailer was needed. He said Warners Brothers directly purchased from Tony Heacock of Heacock Welding on Traffic Way, the trailer, which cost $10,000, and donated it to the City's Fire Department. 6. f. Acceptance of Parcel Map AG 93-090; 1200 Block of Ash Street; M.I.C.O., Inc. Approved and accepted. 6.g. Contracts with Omni-Means Regarding the Short-Range Improvements to East Branch Street; and Circulation Element Update, Alignment Study, Environmental Review and AB 1600 Update. Mayor authorized to sign. 6.h. Designation of Long-Range Planning Committee as Steering Committee for the Studies with Omni-Means. Designation approved. 6.i. Replacement of Fire Department Utility Pickup; Fire Department; Non-Budgeted Item. Approved. 7. REGISTER OF CHECKS It was moved by Burke/Lady, and the motion passed unanimously to approve Cash Disbursements in the amount of $756,231.74, as listed in the September 8, 1994, staff report of Finance Director David Bacon. 8.A. PUBLIC HEARING - TO CONSIDER THE CITY COUNCIL'S INTENTION TO LEVY AND COLLECT ASSESSMENTS TOTALING $3.000 OR $100 PER ASSESSABLE PARCEL IN TRACT 1769 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1 FOR THE FISCAL YEAR 1994-95; TRACT 1769 IS A RESIDENTIAL DEVELOPMENT CONTAINING 30 SINGLE-FAMILY HOMES: FARROLL AVENUE AND OAK PARK BOULEVARD Mr. Christiansen said the City annually conducts a public hearing concerning the Landscaping and Lighting Assessment 2 . 351 CITY COUNCIL MINUTES SEPTEMBER 13, 1994 District No. 1 in order to maintain the greenbelt for the residential development at Farroll Avenue and Oak Park Boulevard containing 30 single family lots. He said the assessment was part of the tract approval. Council Member Souza asked about the length of time the district would be in operation, and Mr. Christiansen said it would continue until the policy changes. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the hearing open and said all persons would be heard regarding the matter. JIM MC GILLIS, surveyor with San Luis Engineering, who spoke on behalf of the tract owners, said the original agre~ment was entered into in 1991. He said the developer "fronted" $6,000, which was supposed to be repaid to him when the City collected the assessment tax. He said at the end of two years the City was supposed to take over the maintenance of the landscaping. He said so far the City has spent nothing, and the developer has paid the assessments every year on the lots that he owned and maintained all the landscaping. Mr. Christiansen said he did not have the agreement with him, and suggested continuing the item to the next meeting. It was moved by Burke/Brandy, and the motion passed unanimously to continue the public hearing to the meeting of September 27, 1994. 9.A. ACCEPTANCE OF LOT 77; TRACT 1994. RANCHO GRANDE; OTTSE. INC. Mr., Christiansen said Lot 77 of Tract 1994 is reading for acceptance and has met all the requirements. It was moved by Burke/Lady (5-0-0, Burke, Lady, Brandy, Souza and Gallagher voting aye) to approve Resolution No. 3052 Accepting an Offer of Dedication for Fee Simple Property. 9.B. RESOLUTION OF THE CITY COUNCIL REGARDING THE SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT AIR POLLUTION CONTROL BOARD COMPOSITION Mayor Gallagher said it had been decided that the Air Pollution Control Board shall consist of seven City Mayors and/or Council Members, one each from each of the seven incorporated cities in the district, and five County Supervisors. Mr. Christiansen said the Mayors' Selection Committee recommended adoption, and Council Member Lady will be the City's delegate. 3 352' CITY COUNCIL MINUTES SEPTEMBER 13, 1994 It was moved by Souza/Burke (5-0-0, Souza, Burke, Lady, Brandy and Gallagher voting aye) to approve Resolution No. 3053 Regarding the San Luis Obispo County Air Pollution Control District Air Pollution Control Board Composition. 9.C. REOUEST TO CONSTRUCT A SUN ROOM ADDITION TO ONE OF THE "PATIO HOMES"IN THE ROYAL OAKS PLANNED DEVELOPMENT: 411 SPANISH MOSS LANE: CHARLES AND BETTY LOU RANDALL Mr. Christiansen referred to this and the next agenda item and said one of the Royal Oaks subdivision conditions of approval was that almost anything such as an addition of a room, decks, retaining walls and grading that is not considered minor must be approved by the City council. He said over the years the City has had approximately 12 instances where property owners desired to enhance their parcels, and Council approval was required. He said the Planning Commission recommended that this condition be modified so that minor projects can be approved at staff level.- He said in most areas of the City minor items are never brought to the Planning commission or City council, and they are simply handled by the appropriate department or departments. He said the Planning commission recommended approval of the Randall sun room addition. There were Council questions and discussion on approving minor projects in Planned Developments at the staff level. Before deciding on the matter, the Council decided to vote on giving approval of the Randall application. It was moved by Burke/Lady, and the motion passed unanimously to approve Architectural Review Case No. 87-392, Amendment #3, with the findings and conditions of approval, as recommended by the Planning Commission and Architectural Advisory Committee. 9.D. PLANNING COMMISSION RECOMMENDATION TO AMEND PROCESS FOR MINOR USES IN "P/D." PLANNED DEVELOPMENT. ZONE Council Members continued discussion of the recommendation to approve certain projects in Planned Developments at the staff level. Council Members said there was probably bureaucratic over review of some of these minor projects. It was moved by Souza/Burke, and the motion passed unanimously to direct staff to present options to the Planning Commission and eventually the City Council on modifying the Planned Development process to facilitate approval of minor projects. 9.E. DECLARATION OF SURPLUS EOUIPMENT Mr. Christiansen recommended that two vehicles, a 1980 4 . , 353 CITY COUNCIL MINUTES SEPTEMBER 13, 1994 pickup truck from Public Works and a 1984 Cutlass from the Police Department, be declared surplus and be auctioned off on October 2 , 1994, by Golden West Auctioneers. Council Member Brandy asked if there was a need for a backup vehicle for the Police Department in case of multiple breakdowns of the regular vehicles. Council Members discussed the matter and concluded a backup was not needed. It was moved by Burke/Brandy (5-0-0, Burke, Brandy, Lady, Souza and Gallagher voting aye) to approve Resolution No. 3054 Declaring Items to be Placed on a Surplus List and Requesting Authorization for Sale at a Public Auction. 10. WRITTEN COMMUNICATIONS None. '-' 11. ORAL COMMUNICATIONS None. 12. CLOSED SESSION On the unanimously approved motion of Souza/Burke, the city Council adjourned at 8:15 P.M. to a closed session on the following: (a) Conference with Labor Negotiator: Government Code section 54957.6 Agency Negotiator: Chris Christiansen, City Manager Employee Organization: Service Employees International Union (b) Conference with Legal Council~ Anticipated Litigation: Government Code section 54956.9(b)~ Significant Exposure to Litigation Involving one ( 1 ) Potential Case. (c) Public Employment Pursuant to Government Code Section 54957: City Manager 13. ADJOURNMENT The Council reconvened at 10:00 P.M. and immediately adjourned, upon the unanimously approved motion of Burke/Lady. No action was taken. ~ --r- MATTHEW MAYOR ATTEST: ~~v~.. ~ CITY CLERK 5