Minutes 1993-03-23
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101
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MARCH 23, 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. AND 2. FLAG SALUTE AND I~OCATION
Mayor Gallagher led the Pledge of Allegiance to our Flag, and
the Rev. Paul Jones delivered the invocation.
3. ROLL CALL
Present were Mayor Gallagher anq Council Members Drew Brandy,
Bernard Burke, Gene Moots and James Souza. Staff Members present
were city Manager Chris Christiansen, Interim City Attorney Timothy
Carmel, City Clerk Nancy Davis, Parks and Recreation Director John
Keisler and Chief of Police Rick TerBorch.
4. ORAL COMMUNICATIONS
None.
5. CONSENT AGENDA
It was moved by Brandy/Moots, and the motion passed
unanimously, to approve Consent Agenda Items 5.C., S.D., 5.E. and
5.G., with the recommended courses of action.
5.A. Proclamation, "Arbor Day," March 27, 1993. The proclamation
was accepted by Parks and Recreation Director John Keisler, who
invited the Council and audience to the Arbor Day celebration at
10:00 A.M. at the old windmill on James Way.
5.B. Proclamation, "Month of the Child," April , 1993. The
proclamation was accepted by Sheri Wilson, director of Child Care
Community Providers.
5.F. "No Smoking" Policy in City Facilities. Council Members
discussed the possibility of having exceptions to the policy,
designated smoking areas, smoke filtering systems, health hazards
of second hand smoke, and soliciting input from all City
departments on the matter. It was moved by Brandy/Burke, and the
motion passed unanimously to continue Agenqa Item 5.F. to the next
City Council meeting.
6. REGIS~ER OF CHECKS
It was moved by Souza/Brandy, and the motion passed
unanimously to approve Cash Disbursements in the amount of
$611,637.23, as listed in the March 18, 1993, Staff Report of
Finance Director David Bacon.
7.A. REOUEST OF WI~LIAM ANDRADE, 655 SOUTH HALCYON ROAD, REGARDING
TOWED/STORED VEHICLE
Mr. Christiansen said that the City had received a complaint
about an inoperable car parked on cherry Avenue. He said the
Police Department had the car towed away, and that the owner of the
car had appealed to the City Council for relief.
WILLIAM J. ANDRADE, 655 Halcyon Road, asked the Council for
justice in the matter and said there had been misjudgment on the
part of the Police Department and the reaction of the people later.
He said he was voicing his complaint.
Chief TerBorch said the Police only respond to complaints in
these matters. He said the Lucia Mar School District Bus
Dispatcher contacted the City about the vehicle, and that the
Police checked the car, found that it did not belong at that
address and had the vehicle towed away.
council Member Burke said he sympathized with the vehicle
owner but that he could finq no improprieties on the part of the
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MARCH 23, 1993
Police Department. Mayor Gallagher agreed. Council Member Burke
asked if the Council could waive the fine. Chief TerBorch said it
was not a fine but a recovery fee for service, and it is the
Council's policy to take an aggressive position when vehicles are
abandoned or inoperable on the streets and the same with recovery
of costs for processing.
a.A. TRANSPORTATION ENHANCEMENT ACTIVITIES (TEA} GRANTS
Mr. Christiansen referred to the March 23, 1993, Staff Report
of the Planning Director and said the city will be requesting
monies from Federal Transportation Enhancement Activity funds for
the Swinging Bridge restoration and City entryway signs. He said
there would be six funding cycles, the first of which will
distribute $29.5 million, and subsequent cycles which will
distribute about $34.8 million each.
Council Members asked if the City could reject the grants if
it was unable to pay the 12 percent matching funds, and Mr.
Christiansen said yes.
Council Member Brandy said the City should develop a list so
it could apply for grants to fund projects that need to be done in
the city. He said city departments such as Planning, Public Works
and Parks and Recreation should work together to more aggressively
seek grants for city projects. He said he would like to see the
departments develop lists for potential projects that could be
worked into a Long Range Plan by the new Long Range Plan Committee. I
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Mr. Christiansen said he would take Council Member Brandy's
suggestions and put them to work.
It was moved by Souza/Moots (5-0-0, Souza, Moots, Burke,
Brandy and Gallagher voting aye) to approve Resolution No. 2975
Approving an Applioation for Funds for the Transportation
Enhancement Activities Program Under the Intermodal Surface
Transportation Efficiency Act of 1991 for Restoration of the
Historic Swinging Pedestrian Bridge Aoross the Arroyo Grande Creek.
It was moved by Burke/Brandy (5-0-0, Burke, Brandy, Souza,
Moots and Gallagher voting aye) to approve Resolution 2976
Approving an Application for Funds tor the Transportation
Enhancement Acti vi ties Program Under the Intermodal Surface
Transportation Efficiency Act of 1991 for Gateway Signs for Arroyo
Grande Off of Highway 101.
a.B. REOUEST FROM GRACE BIBLE CHURCH FOR AN INTERPRETATION OF
ORDINANCE NO. 430 C.S.
Mr. Christiansen referred to the March 23, 1993, Staff Report
of the Planning Director and said, the Planning commission
recommended that the City Council adopt a resolution finding that:
1. The church may expand the planned parking area as needed to
provide adequate on-site parking for church activities without a
Planned Development Ordinance amendment because:
a. The intent of the parking requirements in Ordinance 430
C.S. is to see that adequate parking is provided on-site for church
aotivities; and
b. Condition 17c was intended to limit the number of parking
spaces only until additional parking waS actually required.
DALE BURKE, Senior Pastor at Grace Bible Church, said the
church wanted to expand its parking and needed an interpretation of
the mitigation measures.
Mayor Gallagher discussed future parking needs if there is
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CITY COUNCIL MINUTES
MARCH 23, 1993
further expansion of the church, and the Rev. Burke said parking is
tied to the overall church program of services and Sunday school.
It was moved by Moots/Brandy (5-0-0, Moots, Brandy, souza,
Burke and Gallagher voting aytil) to approve Resolution No. 2977
Providing an Interpretation of Ordinance 430 C.S. that Allows
Parking Lot Expansions for Grace Bible Church Located at 100 Rodeo
Drive, in the PD-1.3 Zone.
a.c. PEOPLES' SELF-HELP HOUSING GRANT PROCESS FOR BUILDING OF
APARTMENTS ON SOUTH ELM STREET
Council Member Moots said he may have a conflict of interest
in this matter and left the room.
Mr. Christiansen referred to the March 23, 1993, Staff Report
of the Planning Director.
SCOTT SMITH of Peoples' Self-Help Housing answered Council
questions concerning housing for the current residents while the
apartments are being renovated, and the city's Housing Element that
is being reviewed by State officials at this time.
It was moved by Brandy/Burke (4-0-1, Brandy, Burke Souza and
Gallagher voting aye, Moots absent) to approve Resolution No. 2978
Approving an Application and Contract Execution for Funding from
the General Allocation of the State CDBG Program Authorizing the
Execution of a Grant Agreement with the State of California for the
Purposes of This Grant, and Approving the Waiver of program Related
Traffic Mitigation Fees.
Council Member Moots returned to the dais.
8.D. REPORTS FROM VARIOUS COMMITTEES
1. South San Luis Obispo County Sanitation District
Mayor Gallagher said the Sanitation District Board is waiting
for response to its Sewer Use Ordinance from the Regional Water
Quality control Board. He said the City of Grover Beach may be
joining the Sanitation District Board. He said a Shellfish
Monitoring program has been approved by the Board, and cost will be
$67,000. He said the city of pismo Beach will be responsible for
50 percent of the total cost of the program that is designed to
present to the RWQB data for a final plan of action with respect to
disinfection of the District's effluent.
2. South County Area Transit
council Member Moots said he is chairman of SCAT. He said new
bus stop signs with routes printed on them and places for
advertising have been installed.
3. Council of Governments
Council Members Moots said he is a member of the Council of
Governments and Regional Transit Authority, which meet the same
day. He said the Regional Transit Authority is basically the
Countywide transportation system, with the exception of the locally
operated systems like SCAT. He said the Authority is working on a
big new map with all the routes on it.
He said the Council of Governments also is the Regional
Transportation Planning Agency, the Metropolitan Planning
organization, the congestion Management Agency, the Solid Waste
Management agency, and it governs all the bus systems and a lot of
other planning organizations. He said the COG is working on the
Household Hazardous Waste Element draft and a Joint Powers Agency
on procedures for managing the waste and recycling. He said the
Transportation Development Act that runs all the transportation
systems will be giving this County four and one-half million
dollars, about the same as it has been getting over the years. He
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MARCH 23, 1993
said State Transportation Act funds received will be $400,000 this
year. He said there are some ongoing programs such as three
railway stations in Grover Beach, Paso Robles and San Luis Obispo
that are needed. He said the City has sent to the County a list of
the necessary street and overlay projects in the city of Arroyo
Grande. He said some Federal monies may be corning.
4. Solid Waste Task Force Committee
council Member Burke said on March 10, 1993, there was a
meeting at City Hall to discuss with representatives of Grover
Beach and Pismo Beach the Arroyo Grande "chipper" program run at
the Corporation Yard. The program consists of tree trimmings and
brush being put into the City's chipper, and then sent to a
recycler who uses the chips for energy. The program keeps the
materials out of the Land Fill. Other cities bring brush to Arroyo
Grande's Corporate Yard for chipping. The purpose of the meeting
at City Hall was to get the other cities to help defray some of the
expenses of running the program that costs Arroyo Grande about
$70,000 per year. He said the other cities did not agree to
contribute to the program, and they were informed that the program
would probably come to an end on April 1, 1993. He said the Cities
did agree to recommend that tipping fees be used as a pilot
program. He said Arroyo Grande appeared before the Solid Waste
Technical Advisory Committee with the proposal that Arroyo Grande
share some of the tipping fees collected at the Land Fill to defray
the costs of the chipping program. He said the vote was 11 to 1,
with even Grover Beach and Pismo Beach voting against the proposal.
5. Zone 3 Water Advisory Committee, and 6. County Water Resources
Advisory Board
Council Member Brandy said Lopez Lake is 52 percent full, but
that when it reaches 60 percent, it will be lowered because of what
some experts are saying is seismic instability. He said the
Committee is working with two companies who are studying the dam.
He said one company is trying to find out how unstable the dam is.
He said the water wells are doing fine. He said it will probably
not be in the City's best interest to fund a portion of the cloud
seeding program in the future. He said the Arroyo Grande Creek is
flowing to the ocean, and he saw one Steelhead Trout in it.
7. Agricultural Program (CASP)
Council Member Souza said in 1989 the State Coastal
Conservancy authorized $25,000 to prepare a Coordinated
Agricultural Support Program (CASP). He said it is a joint effort
between the City, County and State that includes agricultural land
in the County and the City of Arroyo Grande. He said future
meetings will be scheduled with the farming community to comment on
the draft study.
9. WRITTEN COMMUNI~TIONS
None.
10. ORAL CO~UNICATIONS
None.
11. CLOSED SESSION
None.
12. ADJOURNMENT
It was moved by Moots/souza, and the motion paSS$ unanimously
to adjourn the meeting at 8:4 .M. ~
l--:tk. a ~. MATTHEW P GHER, III, MAYOR
ATTEST: m' <J..J
NANCY A DAVIS, CITY CLERK
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