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