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Minutes 1993-04-27 . 107 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, APRIL 27, 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. Dr. Norman F. Somes of st. Barnabas Episcopal Church 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, Police captain Bill Andrews, police Officer John Allen and Public Works Director Van Laurn. 4. ORAL COMMUNICATIONS FRED FLANNELL, 550 via Vaquero, asked the Council if it was true that there were only two applicants for the Planning commission at the time Eddie Hatchett and Bill Deviny were appointed to that body. REVEREND SOMES congratulated the city on the swift repair of a damaged street barrier on Trinity Way. ROBERT TEETERS, 692 Via Vaquero, asked to speak on Agenda Item 7.8. 5. CONSENT AGENDA It was moved by Moots/Souza, and the motion passed unanimously to approve Consent Agenda Items 5..c. , 5.e. and 5.f., with the recommended courses of action. 5.c. April 13, 1993, City Council Minutes. Approved. s.e. Letter of Resignation from Clark L. Moore, Planning Commissioner. Accepted with regrets. 5.f. Request to Purohase police Vehicle (K-9 unit) ; Police Department; BUdgeted Item. Approved. Two proclamations were presented by the Mayor. 5.a. Proolamation, "Peace Officers' Memorial Day," Wednesday, May 12, 1993. The proolamation was acoepted by Officer Allen, president of the Police Offioers Assooiation. 5. b. Proclamation, "March of Dimes Walk Amerioa Day," Saturday, May 1, 1993. The proclamation was accepted by Pete Dougall, chairman. -- It was moved by Burke/Moots, and the motion passed unanimously to approve Consent Agenda Item 5.d.: S.d. First Quarter, 1993, Departmental Monthly Reports. Information. Council Member Burke commended the Fire Department for the new look and computer graphics on its monthly report. He also requested that the Police Department include in its monthly reports reference to any gang activity or graffiti in Arroyo Grande. 6. REGISTER OF CHECKS It was moved by Moots/Burke, and the motion passed unanimously to approve Cash Disbursements in the aMount of $474,067.75, as 1 108 ~ CITY COUNCIL MINUTES APRIL 27, 1993 listed in the April 22, 1993, Staff Report of Finance Director David Bacon. 7.A. REOUEST FOR RELAXATION OF THE USE OF WATER DURING GRADING Mr. Christiansen said a reluest has been made for the city to relax its water policy in relat on to grading and compacting. He said several years ago the Council had mandated that potable city water could no longer be used for grading, compaction or construction site work. He said the City installed a hydrant at the Corporation Yard to draw non-potable water from the city's retention basins at the Soto Sports Complex. He said the cost to draw the non-potable water was set at $7.40 per 100 cubic feet to cover the cost of installation of the hydrant and a City employee to be at the site when the water is drawn. He recommended that potable water not be used for construction purposes because, (1 ) good management practices do not support the use of potable water when non-potable is available; (2) Lopez reservoir has a 60 percent maximum capacity due to seismic concerns; (3) using non-potable water from the Soto basins is good management practice and should be continued; (4) the City spent several thousand dollars to install the hydrant, and (5) the construction tanker truck traffic is not a major concern. He recommended lowering the present charge of $7.40 per 100 cubic feet to $3.00 to cover the cost of the hydrant installation and staff time. MR. TEETERS said the city must have conducted a cost analysis to set the $7.40 for the water, and that should not be reduced. BILL PAPPICH, grading contractor who asked to use potable water on a construction project located on Brighton Avenue, said the non-potable water would be too expensive when added to the water truck cost, which is $60 per hour. He said he believed the city ordinance would allow him to put a large storage tank on the property and use a regular water meter for the construction project. Council Members discussed the use of potable or non-potable water for construction projects and agreed that non-potable water should be required for conservation reasons. They considered reducing the cost of the non-potable water as recommended by the city Manager. Council Member Brandy said the city should not do anything to harm the construction industry at this time and he would be inclined to lower the cost of the non-potable water to the amount charged for potable water. He suggested that the drawing of the water could be done on the honor system, without a City employee present. Council Member Moots agreed. Mayor Gallagher said he would like to recoup the city's investment in the corporate yard well and pump. council Members Souza and Burke agreed that the cost of the non-potable water should be reduced. Public Works Director Laurn explained that there is a pump in the Soto pond and a well out in the park. He said the city can hook up to either one. He said if the pond is dry, the city can pullout of the well, or if the pond has water in it, the city can pull out of the pond. He said the cost for the station was approximately $10,000 and that paid for the piping from the pond over to Ash street, where a hydrant was set up for a truck to connect to. There was further council discussion. Mr. Pappich suggested the possibility of running a line from a water pump on the Peck-Newdoll property at Courtland and Brighton to the construction site. Mayor Gallagher directed Staff to breakdown the City costs involved with non-potable water, including man hours, etc. It was moved by Burke/Moots (5-0-0, Burke, Moots, Brandy, 2 - 109 CITY COUNCIL MINUTES APRIL 27, 1993 Souza and Gallagher voting aye) to reaffirm the City's prohibition against using potable water and require that non-potable water be used for oonstruotion purposes. 7.B. 1993 S~WBERRY F~STIVALI CLOSURE OF VARIOUS STREETS It was moved by Burke/Souza(5-0-0, Burke, Souza, Moots, Brandy and Gallagher voting aye) to approve Resolution No. 2979 Requesting Authorization to Close city streets for the 1993 Annual Strawberry Festival. 7.C.RESOLUTION OF THE CITY CQUNCIL CONDEMNING GANG YIOLENCE It was moved by Souza/Brandy (5-0-0, Souza, Brandy, Moots, Burke and Gallagher voting aye) to approve Resolution No. 2980 Condemning Gang Violence. 7.D. REPORTS FROM VARIOUS COMMITTEES South San Luis Obispo County Sanitation Distriot: Mayor Gallagher reported on the South San Luis Obispo County Sanitation District and said (1) the Board still is disoussing Grover Beach becoming a part of the organization; (2) the shell fish monitoring program is being reviewed, and (3) the Distriot Administrator John Wallaoe and Counsel ~on seitz attended a waste water reolamation oonference in Davis. Local Agency Formation Commission: Mayor Gallagher also reported on the Local Agenoy Formation Commission, and said LAFCO's annexation standards are being reviewed, inoluding affordable housing, availability of housing and encouraging development of under-utilized properties within the jurisdiction. Council of Governments: Council Member Moots reported on the Council of Governments and said the county and the City of Grover Beach were discussing the value of the property to be used for the proposed train depot. He said there would have to be a pUblio hearing on solid waste before the end of the year. South County Area Transit: Council Member Moots said there was no meeting this month. Solid Waste Task Force Committee: Council Member Burke said the April 1, 1993, Task Force meeting included a review of small scale composting regulations and a decision to send to send a letter to the State aSking it to modify the regulations because they are too restriotive. He Baid the Task Foroe members had turned down the sharing of tipping fees ~ with the city of Arroyo Grande's chipping program. He said the Task Force budget also was approved. Zone 3 Water Advisory committee: Counoil Member Brandy said there was no new information on the committee. County Water Advisory Board: Council Member Brandy said the board is beginning disoussions on the Nacimiento water, and a ground water study of Arroyo Grande and Nipomo. He said the study will try to find out how much water there is and where the "gentlemen's agreement" will go in 3 110 CITY COUNCIL MINUTES APRIL 27, 1993 the future. He said Lopez Lake is at 57 percent, water is being released for the farmers, and water is still running into the lake. He said sightings of steelhead fish in Arroyo Grande Creek have been verified. Mr. Laurn said the contract has just been signed for a second study of the seismic safety of Lopez Dam. Long Range Plan Update Committee: Council Member Moots said the committee members had heard planning students from Cal Poly discuss and show slides of the Village of Arroyo Grande. He said the committee also reviewed the work of the previous Long Range Planning Committee. Coordinated Agriculture Support Program: council Member Souza said city, County and State officials are reviewing a screen draft of the CASP study, and the Planning staff will be meeting with the state Coastal Conservancy to discuss a future agenda. He said there may be a joint city Council/Planning Commission meeting on transfer of development credits. Chamber of Commerce Economio Development Committee: Council Member Souza said the committee had been meeting for two years to allow discussion of issues of economic vitality of the city. He said a facilitator will be hired to work on a strategic plan for the economic future of the city. He said in addition to himself, representatives from the city are Bill Tappan and John Soto from the Planning Commission, Planning Director Doreen Liberto-Blanck and City Manager Chris Christiansen of city staff, and Mayor Gallagher. Mayor Gallagher said the committee meetings allow networking and bridge building between the City and the business community. He said the meetings open up a dialog and help build understanding of business conoerns. 8. WRITTEN COMMUNICATIONS None. 9. ORAL COMMUNICATIONS None. 10. CLOSED SESSION It was moved by Souza/Moots, and the motion passed unanimously to adjourn at 8:43 P.M. to a Closed Session on: (a) Pending Litigation: Coker Ellsworth and vick Pace Construction Co. vs. city of Arroyo Grande, San Luis Obispo Superior Court Case Nos. 68739 and 60060. (b) Potential Litigation: Government Code Section 54956.9 (b)(l). ADJOURNMENT immediately The Council reconvened at 10:00 P.M., and adjourned on the unanimously approved motio~ Burke/Moots.___ '(Jrttlhtlv / ,C -( MATTHEW PETER GAL ATTEST: h {}. ~ NANCY A DAVIS, CITY CLERK 4