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Minutes 1993-03-23 r' Lo 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 1 1'02" CITY COUNCIL MINUTES 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 I 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 2 " , ,. 103 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 3 1'0'4" CITY COUNCIL MINUTES 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 4