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Home My WebLink AboutMinutes 1993-06-08123 MINgTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JUNE 8, 1993 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. Randy Ouimette, Arroyo Grande Fire Chaplain and Pastor of St. John's Lutheran Church of Grover City, delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy, Bernard Burke, Gene Moots and James Souza. Staff Members present were City Manager Chris Christiansen, Interim City Attorney Roger Lyon, City Clerk Nancy Davis and Current Planner Scott Spierling. 4. ORAL COMMUNICATION,q WAYNE WILLIAMS, president of the San Luis Obispo Bicycle Club, spoke in favor of the Paulding Middle School Bike Pedestrian trail that would include a pedestrian/bicycle bridge across Arroyo Grande Creek between Stanley and Myrtle Streets. He said the alternatives to this plan are not as attractive or safe. He said he would like to testify when the matter goes before the City Council in a public hearing. PETER MALCO of 2696 Branch Mill Road invited the Council, friends and family to Shakespeare productions at San Luis Obispo High School and Cal Poly beginning June 30, 1993. his has Mayor Gallagh service to the been appointed r presented a plaque Traffic Commission. to serve on the City and thanked Mr. Keen for He said Mr. Keen recently Planning Commission. 6. CONSENT AGENDA It was moved by Burke/Souza, and the motion passed to approve the Consent Agenda. Council Members Moots and Souza abstained from voting on Consent Agenda Items 6.c., the May 11, 1993, Council Minutes. They said they were absent from that meeting. 6.c. May 11, 1993, City Council Minutes. Approved. 6.d. May 25, 1993, City Council Minutes. Approved. 6.e. June 2, 1993, Senior Advisory Commission Minutes. Information. 6.f. May, 1993, Investment Report. Information. 6.9. Liability Claim, Judi Simmons. Claim Rejected. 6.b. Proclamation, "Special Olympics Law Enforcement Torch Run Day," June 21, 1993, The proclamation was accepted by Arroyo Grande' Police Investigator John Tooley and Mary Ellen Gibson, Special Olympics area director. 6.a. Proclamation, "World Ride & Tie Championship," July 10, 1993. The proclamation was accepted by Byron Grant, who showed a video to the Council and audience on a past championship held in California. 7. REGISTER OF CHECKS It was moved by Souza/Moots, and the motion passed unanimously 1 124 CITY COUNCIL MINUTES JUNE 8, 1993 to approve Cash Disbursements in the amount of $415,924.86, as listed in the June 2, 1993, Staff Report of Finance Director David Bacon. Mr. Christiansen recommended that the Public Hearing be continued until the City receives feedback from the State on the Housing Element. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the Public Hearing open and said all persons would be heard regarding the matter. There were some Spanish speaking persons in the audience interested in the Housing Element, and a translator explained the continuance to them. They said they would return at the next Council meeting. It was moved by Moots/Souza, and the motion passed unanimously to continue the Public Hearing to the meeting,of June 22, 1993. B.B. PUBLIC HEARING - GENERAL PLAN UPDATE OF THE NOISE ELEMENT; CITYWIDE Current Planner Spierling referred to Planning Staff Reports of April 6, May 4 and June 8, 1993, and said the Planning Commission had recommended that the Council approve a resolution adopting a Negative Declaration, instructing the City Clerk to file a Notice of Determination, and adopting the Noise Element of the General Plan. He said the element is made up of a Policy Document that identifies noise exposure near major noise sources and establishes goals, policies and implementation measures to minimize future noise conflicts; the Acoustical Design Manual that provides a guide for reducing indoor and outdoor noise in relatively simple situations, and the Technical Reference Document that is a separate volume that contains background information used in preparation of the proposed noise element. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the Public 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 Souza/Brandy (5-0-0, Souza, Brandy, Moots, Burke and Gallagher voting aye) to approve Resolution No. 2989 Adopting the Noise Element of the General Plan, Adopting a Negative Declaration and Instructing the City Clerk to File a Notice of Determination. _to 100 per parcel for a total of $3,000. There were Council questions regarding yearly renewal of the assessment, a separate fund in the budget, the ability to change the dollar amount of the assessment each year, and the collection of the assessment by the County. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared 011 125 CITY COUNCIL MINUTES JUNE 8, 1993 the Public 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. Council Member Moots districts such as this, and burden. He said the City other Council Members said benefit of the landscaping district may be easier for association. said he was opposed to assessments that the 30 homeowners would bear the now has to administer the district. the 30 homeowners will be getting the and lighting and that an assessment the property owners than a homeowners Council Member Brandy asked if the City would go out to bid for maintenance of the landscaping in the tract, and Mr. Christiansen said yes. It was moved by Burke/Souza (4-1-0, Burke, Souza, Brandy and Gallagher voting aye, Moots voting no) to approve Resolution No. 2990 Declaring the City's Intention to Levy and Collect Assessments in Landscaping and Lighting District No. 1, Within Tract 1769, for the 1993-1994 Fiscal Year. 9 A. 1993-94 JOINT POWERS AGREEMENT OF SAS N LUIS OBISPO COUNCIL OF GOVERNMENT'S WITH CITY OF ARROYO GRANDE Mr. Christiansen recommended that the Council approve the Joint Powers Agreement between the City and the Council of Governments. He said the COG is now a separate entity and completely divorced from the auspices of the County of San Luis Obispo. fie said the seven cities and the County that make up the COG will have to approve the agreement. He said there are no City general funds involved in the COG. He said it is paid for with gas tax monies. Council Member Moots said the administrative expenses of COG comes off the top before any of the monies are allocated. Council Members discussed the membership and functions of COG, expressing concern about the power base being developed by the agency. Mayor Gallagher asked what the effect would be if the City opted out of COG. The Interim City Attorney said the City could not withdraw from COG and still receive gas tax monies. He said the agreement sets up a separate public agency that is now just an affiliation between the County and the cities. It was moved by Burke/Souza, and the motion passed unanimously to approve the 1993-94 Joint Powers Agreement of San Luis Obispo Council of Governments with the City of Arroyo Grande. 9.B. APPOINTMENT OF ROGER C. LYON, JR., AS CITY ATTORNEY, EFFECTIVE JULY 1, 1993 Mr. Christiansen recommended that Roger Lyon, who has been serving as the Interim City Attorney, be selected as the permanent city Attorney, effective July 1, 1993. He said six applications for the position were received. compensation proposed will be (1) $120 per hour, (2) $2,400 monthly retainer, which amounts to 20 hours of work per month (all hours in excess of 20 hours per month, Hr. Lyon receives the $120 per hour rate, and (3) any dissolution between the City and the City Attorney, three months notification is required. It was moved by Brandy/Souza, and the motion passed unanimously to approve the selection of Mr. Lyon, as recommended by the City Manager. 10, WRITTEN COMMUNICATIONS (a) Mayor Gallagher referred to a letter from J. L. Moore of 200 Nelson Street. He said Mr. Moore sent a check to the City for $131.92 to pay for cleaning an area of the Arroyo Grande Creek. 126• CITY COUNCIL MINUTES JUNE 8, 1993 Mayor Gallagher expressed the City's appreciation to Mr. Moore. (b) Mayor Gallagher discussed a May 28, 1993, letter from Carolyn Messer, who would like to promote a Sister Cities Project between the City of Arroyo Grande and the City of Bolshoy Kamen in Russia. Ha said Ms. Messer has been corresponding with residents of the Russian City and they also are interested in the Sister Cities Project. Mayor Gallagher said Arroyo Grande would be looking into the matter. 11, ORAL COMMUNICATIONS Council Member Souza suggested that the park in the Rancho Grande subdivision be named after former Mayor Mark M. Millis. 12. CLOSSO SESSION It was moved by Moots/Souza, and the motion passed unanimously to adjourn at 8*30 P.M. to a Closed Session on Potential Litigation pursuant to Government Code Section 54956.9 (b) (1). 13. A JQ OURNMENT On the unanimously approved motion of Burke/Brandy, the Council adjourned at 9:30 P.M. to the Budget Study Session at 5:00 P.M. Thursday, June 10, 1993, in the City Council chambers, 215 East Branch Street. MATTHEW PETER GALLA E IT, MAYOR ATTEST: QA� NANCY A. AVIS, CITY CLERK