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Minutes 1994-09-27 354' · MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, SEPTEMBER 27, 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. AND 2. FLAG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flag, and the Rev. Paul Jones of Pismo Beach 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 and Planning Director Doreen Liberto-Blanck. 4. ORAL COMMUNICATIONS GREG BLUME, Sonic Cable Television general manager, introduced himself to the Council and said he would be glad to answer any questions. 5. CONSENT AGENDA It was moved by Burke/Lady, and the motion passed unanimously to approve Consent Agenda Items 5.a. through 5.f., with the recommended courses of action. 5.a. September 13, 1994, City Council Minutes. Approved. 5. b. Request to Purchase Budget Item; Police Vehicle. Awarded to low bidder. 5.c. Request to Purchase Valve Machine; Public Works Department; Budgeted Item. Awarded to low bidder. 5.d. Approval of Parcel Map AG 90-158; 303 South Halcyon Road; Dr. Jorgensen. Approved. 5.e. Agreement Affecting Real Property; 700 White Court; Richard and Patricia Shaffer. Mayor authorized to sign agreement. 5. f . Liability Claim; Fireman's Fund/Ward Family Trust. Claim rejected. 6. REGISTER OF CHECKS It was moved by Souza/Burke, and the motion passed unanimously to approve Cash Disbursements in the amount of 1 . 355 CITY COUNCIL MINUTES SEPTEMBER 27, 1994 $622,550.51, as listed in the September 22, 1994, staff report of Finance Director David Bacon. 7.A. CONTINUATION OF 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 staff met with the principals involved and discovered that the developer had failed to bill the city for work done regarding the landscaping. He said for whatever reason or reasons, the developer had never billed the city and now he will do so. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher said the Public Hearing, which was opened at the last Council meeting, would continue and all persons would be heard regarding the matter. When no one came forward to speak, the hearing was closed to the floor. Council Members discussed the assessment process and how the developer is paid for work done on the landscaping. It was moved by Burke/Lady (5-0-0, Burke, Lady, Brandy, Souza and Gallagher voting aye) to approve Resolution No. 3055 Declaring the City's Intention to Levy and Collect Assessments in Landscaping and Lighting District No. 1, within Tract 1769, for the 1994-1995 Fiscal Year. 8.A. PRESENTATION BY RAY BURNELL. REPRESENTING THE ECONOMIC DEVELOPMENT COMMITTEE Mr. Christianson said Mr. Burnell had requested that this item be continued to the next Council meeting on october 11, 1994. Council members approved the request. 8.B. PRESENTATION BY THE ADVISORY BODY (MPAB) TO THE SAN LUIS OBISPO COUNTY MASTER PLAN TO REDUCE DRUG AND ALCOHOL ABUSE: 1993- 94 REPORT, INCLUDING GOALS FOR 1994-95: KATRINA ROSA. PROJECT COORDINATOR TOM SULLIVAN, Drug and Alcohol Services Master Plan Advisory Body chairman, spoke to the council and said 16,000 San Luis obispo County residents are affected by alcohol and/or drugs. He gave a history of the Master Plan Advisory Body, and summaries of priority problem categories, progress and goals. He said the Master Plan is designed to reduce alcohol and other drug problems in San Luis Obispo County. He said it is a community-based plan consisting of what the community told the Advisory Body. 2 . 3,b 6, CITY COUNCIL MINUTES SEPTEMBER 27, 1994 ANTONIA HAMPTON, Mariposa Recovery Center director, said the center (1106 Grand Avenue, Arroyo Grande) serves South San Luis Obispo County. She said it provides a place for the 12-step groups to meet. She said services include self-help, referral, education and community activities. She said the Center is now receiving calls concerning youngsters on drugs and alcohol. She said there is a need for intervention and treatment programs, and in addition to prevention programs for youngsters, diversion programs are being developed. SUSAN MULLEN, Morro Bay Vice-Mayor and MPAB spokesperson, said if cities did not have alcohol and drug problems to deal with, police activity would be reduced by about 80 percent. She requested that the Council examine the model zoning ordinances that deal with where to place alcohol outlets in cities, and to pass the materials on to the Planning Commission and the Police - Department. She said the City should develop a working relationship with the Mariposa Center, encourage community discussion and join with the MPAB to create solutions to the alcohol and drug abuse problems. Mayor Gallagher directed staff to distribute the master plan packets to the Planning Commission and the Police Department, and to do an analysis of a proposed model zoning ordinance. 8.C. AMENDMENT TO THE CITY'S CONFLICT OF INTEREST CODE Mr. Christiansen referred to the city Clerk's staff report of September 12, 1994. He said the city is required by the Fair Political Practices Commission, which enforces the Political Reform Act, to update its Conflict of Interest Code before October 3, 1994. He said city positions being added to the Code were Finance Director and Public Works supervisor. He said Public Works superintendent was being deleted. He said Building Inspector was being changed to Building and Fire Safety Inspector, and Fire Chief was being changed to Director of Building and Fire. It was 'moved by Burke/Souza (5-0-0, Burke, Souza, Lady, Brandy and Gallagher voting aye) to approve Resolution No. 3056 Revising Resolution No. 2949 by Amending the Conflict of Interest Code Appendix of Designated positions. 8.D. EXTENSION OF FRANCHISE AGREEMENT: SONIC CABLE LEASING CORPORATION Mr. Christiansen said the City's non-exclusive franchise agreement with Sonic Cable Television had expired, and the proposed agreement extends it on a month-to-month basis until a new agreement is approved. He said San Luis Obispo and Paso 3 . 357 CITY COUNCIL MINUTES SEPTEMBER 27, 1994 Robles have employed consultants to work out new agreements with Sonic Cable, and when these agreements are approved, Sonic Cable is prepared to provide us with the same agreement. I I Council Member Brandy asked what would prevent Sonic from putting the "Spice Channel 25" back on television, and where does programming enter into the franchise contract. Sonic General Manager Blume said the "Spice Channel" had been blocked out, but there was a problem with the integrity of the scrambling. He said programming is a Constitutional concern and is not included in the contract. He said some of the big issues revolve around Public Educational and Governmental programming. He said Sonic has to have a clearer picture into the future before it can invest in advances in technology. - DICK FRANKS of 879 Fair oaks said the city is not getting its money's worth and Sonic Cable's poor signal quality should be examined. It was moved by Burke/Brandy, and the motion passed i unanimously to authorize the Mayor to sign the non-exclusive month-to-month agreement with Sonic Cable Television. 8.E. REPORTS FROM VARIOUS COMMITTEES 1. South San Luis Obispo County Sanitation District Mayor Gallagher said the second trial of the Shellfish Sampling Program for the Regional Water Quality control Board has begun. Council Member Brandy requested that the Department of Fish and Game be notified of these trials in the future. Mayor Gallagher said the Hilton Ranch site has been approved for a bio-solid disposal project. He said the board had agreed to a pilot study by U.S. Dryers International concerning a bio- solids drying system whereby sludge is dried and soil amendment created. He said this is a way of solid waste recycling, and showed council Members a packet of the soil amendment. He said the product can be marketed commercially. Mayor Gallagher said the board had received its quarterly budget statement, and the operating funds were well-endowed. He said Grover Beach owes the district more than $1 million on its contract. He said the board met with Grover Beach concerning its participation on the board, and the meeting was very helpful in "clearing the air." 2. South County Area Transit (SCAT) No report. 4 3.58- CITY COUNCIL MINUTES SEPTEMBER 27, 1994 3. Council of Governments (COG)/San Luis Obispo Regional Transit Authority (SLORTA) Council Member Burke reported on San Luis Obispo Regional Transit Authority discussed the District Feasibility and Funding Formula. He said he was not in favor of any formula that would result in the lessening of the amount the city receives for street maintenance. He said the COG sent a resolution to the Governor on funding for construction of transportation facilities. He said the resolution pointed out that delays were hurting the local economies, and funding throughout the state must be fairly distributed. He said Short and Long-Range studies of Highway 227 are being done by Omni-Means, and the city's Planning Director will be updating the Council on the progress. 4. Integrated Waste Management Authority (IWMA) Board council Member Lady said the authority is getting organized, and Chamber of Commerce Director Heather Jensen will represent the business sector on the board. He said the board approved hiring an interim manager. He said the status of the cities of Paso Robles and Atascadero on the board has not been decided. 5. Zone 3 Water Advisory Committee council Member Brandy said the company that is studying Lopez Dam for seismic safety has said the structure stability looks better than expected. Holes have been dug in the dam and soil samples are being sent to New York for study. concerning the State water pipeline, he said that it has been agreed that the state will go around the east side of the terminal reservoir. He said the terminal reservoir will have to be drained, but it will be refilled with state water. He said because of pismo Beach's purchase of state water, there may be some questions arise about using surplus water. He said Arroyo Grande may want to annex land in the future, and the owners of the property proposed for annexation may be able to buy water for that land from pismo Beach. He said Lopez Dam is 46 percent full and the state has said it can be filled to 70 percent. council Member Brandy said there would be no cloud-seeding program, and if there is a drought this year the city will have to go to water conservation. 6. County Water Advisory Board Council Member Brandy said Bill Hanna from AquaGen talked about the Aqua Flash Distillation System at the Water Advisory 5 . . 359 CITY COUNCIL MINUTES SEPTEMBER 27, 1994 Board meeting. He said Mr. Hanna explained that this is one method of desalination, and is a process combining evaporation and condensation. He said the city may want to look at the system when it is completed. Council Member Brandy said a Mobile Lab will evaluate irrigation systems for both turf and agriculture crops, and make recommendations on growing the correct crops for the soil and using the correct fertilizers. 7. Long-Range Plan Update Committee Council Member Souza said the committee heard from the Chief of Police on department issues. He said the chief feels that current staff is keeping up with public safety issues in Arroyo Grande, but outreach programs are not being done and non- emergency calls sometimes have to be put on hold. He said the committee will be meeting September 28, 1994, with County Planning Director Alex Hinds, who will review fringe area development. Traffic Mitigation Fees on fringe developments was discussed by the Council. council Member Brandy requested that the committee discuss with Mr. Hinds fringe development I wells using water from Arroyo Grande's subbasins, and the , possibility of fees being charged to developers for that water. Council Member Souza said after the Long-Range Committee meeting, there will be a meeting to kick off the committee on Short Range Improvements for East Branch Street and the Circulation Element. 8. Chamber of Commerce Economic Development Committee Council Member Souza the committee will have to find a replacement for Tim Quiggle. Mayor Gallagher said the City needs to recognize his efforts and PG&E needs to be thanked for allowing him to serve as the committee's economic director. 9. Coordinated Agriculture Support Program (CASP) Council Member Souza said the CASP report has been delayed because the two principal players have been diverted to other projects. He said he hoped the report would be finished as soon as possible. 9. WRITTEN COMMUNICATIONS Mayor Gallagher said he had received notice that the memorial services for Bill Papich will be at 10 a.m. Thursday, September 29, 1994, at st. Patrick's Church. 10. ORAL COMMUNICATIONS None. 6 3.6 Q. CITY COUNCIL MINUTES SEPTEMBER 27, 1994 11. CLOSED SESSION Upon the unanimously approved motion of Burke/Lady, the Council adjourned at 8:53 P.M. to a Closed Session on the following: a. Conference with Labor Negotiator: Government Code Sec- tion 54957.6 Agency Negotiator: Chris Christianson Employee Organization: Service Employees International Local 817 b. Public Employment Pursuant to Government Code section 54957; city Manager 12. ADJOURNMENT The Council reconvened at and on the unanimously approved motion of Brandy/Souza, immediately adjourned the meeting. No action was taken. ~ , MAYOR ATTEST: 7