Minutes 1993-04-27
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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
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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,
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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
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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
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