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Minutes 1993-06-08 . 123 ~ -< MINqTES 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 COMMUNICATIONa 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 ina 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. 5. PRESENTATION OF PLAOUE OF APPRECIATION TO JOHN KEEN, FORMER TRAFFIC COMMISSIONER Mayor Gallagher presented a plaque and thanked Mr. Keen for his service to the Traffic commission. He said Mr. Keen recently has been appointed to serve on the city Planning Commission. 6. CONSENT AGEND~ 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 6.0. , 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 Minute's. Information. 6.f. May, 1993, Investment Report. Information. 6.g. 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. 8.A. CONTINUATION OF PUBLIC HEARING - GENER~L PLAN UPDATE OF THE HOUSING ~LEMENTI CITYWIDE (CONTINUED FROM COUNCIL MEETINGS OF MAY 11 AND 25. 1993 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 lIearing to the meeting,of June 22, 1993. B.B. PUBLIC HEARING - GENERAL PLAN UPDATE OF THE NOISE ELEMENT: ~ITYWIDE 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. 8.C. PUBLIC HEARING - INTENTION TO LEVY AND COLLECT ASSESSMENT~ IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO.1. WITHIN TRACT 1769. A RESIDENTIAL DEVELOPMENT CONTAINING 30 SINGLE-FAMILY HOMES: FARROLL AVENUE AND OAK PARK BOULEVARD I HERB PHILLIPS Mr. Christiansen said that when the subdivision was approved, one of the conditions was that each lot would be assessed a levy to maintain the landscaping. He said the proposed assessment is $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 2 . , 125 CITY COUNCIL MINUTES JUNE 8, 1993 the PUblio Hearing open and said all persons would" be heard regarding the matter. When no one oame forward to speak, he olosed the hearing to the floor. Council Member Moots said he was opposed to assessments districts such as this, and that the 30 homeowners would bear the burden. He said the city now has to administer the distriot. other Council Members said the 30 homeowners will be getting the benef i t of the landscaping and lighting and that an assessment district may be easier for the property owners than a homeowners association. Council Member Brandy asked if the city would go out to bid for maintenance of the landscaping in the traot, 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 S~N LUIS OBISPO COUNCIL OF GOVERNMENTS WITH CITY OF ARROYO GRAND~ Mr. Christiansen reoommended that the Council approve the Joint Powers Agreement between the city and the Counoil of Governments. He said the COG is now a sepllrate entity and oompletely divoroed from the auspices of the County of San Luis Obispo. lie said the seven cities and the County that make up the COG will have to approve the agreement. lie said there are no city general funds involved in the COG. lie said it is paid for with gas tax monies. Counoil Member Moots said the administrative expenses of COG comes off the top before any of the monies are allocated. Counoil Members discussed the membership and functions of COG, expressing concern about the power base being developed by the agenoy. Mayor Gallagher asked what the effect would be if the city opted out of COG. The Interim city Attorney said the city oould not withdraw from COG and still reoeive gas tax monies. He said the agreement sets up a separate publio agenoy 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., ~s CITY ATTORNEY. EFFECTIVE JULY 1. 1993 Mr. Christiansen recommended that Roger Lyon, who has been serving as the Interim city Attorney, be seleoted 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/Souga, and the motion passed unanimously to approve the selection of Mr. Lyon, as recommended by the city Manager. 10. WRITTEN COMMUNICATIONS (a) Mayor Gallagher r~ferred to a letter from J. L. Moore of 200 Nelson street. He said Mr. Moore sent a oheck to the city for $131.92 to pay for oleaning an area of the Arroyo Grande Creek. 3 12,6 · -- CITY COUNCIL MINUTES JUNE 8, 1993 Hayor Gallagher expressed the City's appreciation to Hr. Moore. (b) Mayor Gallagher disoussed a May 28, 1993, letter from carolyn Messer, who would like to promote a sister Cities Projeot between the city of Arroyo Grande and the city of Bolshoy Kamen in Russia. Me said Ms. Messer has been corresponding with residents of the Russian city and they also are interested 1n the sister cities Project. Mayor Gallagher said Arroyo Grande would be looking into the matter. 11. ORAL COMMUNICATIQNB Council Member Sou~a suggested that the park in the Ranoho ~ Grande subdivision be named after former Mayor Mark M. Millis. I I 1~. CLOSED SESSION i I It was moved by Moats/Souza, and the motion passed unanimously I to adjourn at 8:30 P.M. to a Closed Sessian on ~otent1al Litigation pursuant to Government Code section 54956.9 (b) ( 1 ) . ],3. ADJOU~NMENT On the unanimously approved motion of Burke/Brandy, the Council adjourned at 9:30 P.M. to the Budget study Session at 5100 P.M. Thursday, June 10, 1993, in the city council Chambers, 215 East Branch Street. ~g MATTHEW PETER GALLA , MAYOR ATTEST. ~ O. ~ NANCY A. AVIS, CITY CLERK --. \ !