Minutes 1995-09-26
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MINUTES
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CITY COUNCIL OF THE CITY OF ARROYO GRANDE
REGULAR MEETING OF TUESDAY, SEPTEMBER 26, 1995
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 A. K. "Pete" Dougall presiding.
1. AND 2. FLAG SALUTE AND INVOCATION
The Arroyo Grande Fire Department Explorer Post, Howard Ferguson,
Post Advisor, led the Pledge of Allegiance to our Flag, and the
Rev. James Wickstrom, Berean Bible Church, delivered the
invocation.
3. ROLL CALL
Present with Mayor Dougall were Mayor Pro Tern James Souza and
Council Members Drew Brandy, Michael Fuller, and Michael Lady.
Staff members present were City Manager Robert L. Hunt, City
Attorney Roger Lyon, city Clerk Nancy Davis, Planning Director
Doreen Liberto-Blanck, Finance Director David Bacon, Chief of
Police Rick TerBorch, Director of Building and Fire Kurt Latipow,
Director of Public Works John Wallace, and Parks and Recreation
Director John Keisler.
4. ORAL COMMUNICATIONS
STEVE MCGRATH, RALCCO Recycling, told the Council RALCCO had
received an award for its Used oil Recycling program.
5. SPECIAL PRESENTATIONS
a." Letter of Appreciation - Flag Presentation
Mayor Dougall presented a letter of appreciation to Explorer
Scouts Caleb Ferguson, Nolan Hughes, and Corey Lintner.
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b. Presentation of Plaques of Appreciation to steve Kephart,
former Parks and Recreation Commissioner; Greg Parks, former
Parks and Recreation Commissioner, and Christine Phillips, former
Architectural Advisory Committee member. Mayor Dougall presented
plaques to Mr. Parks and Ms. Phillips. Mr. Kephart was unable to
attend the meeting.
c. Presentation of certificates of Commendation and Monetary
Awards to city Employees Shirley Payne, Nancy Brown, and Laraine
Kashima. Mayor Dougall presented a $25 Cash Award and
Certificate to Ms. Kashima. Ms. Payne and Ms. Brown were unable
to attend the meeting.
6. CONSENT AGENDA
It was moved by Brandy/Lady (5-0-0, Brandy, Lady, Souza, Fuller
and Dougall voting aye) to approve Consent Agenda items 6.a.
through 6.g., with the recommended courses of action.
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CITY COUNCIL MINUTES
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SEPTEMBER 26, 1995
6.a. September 5, 1995, City Council Budget Study Session
Minutes. Approved.
6.b. September 7, 1995, city Council Budget Study Session [
Minutes. Approved.
6.c. Progress Payment No. 2 for Replacement of Water and Sewer
Improvements in Mason, Poole, and Whiteley Streets and Related
Pavement Rehabilitation; Project No. 60-70-95~01.
6.d. Nomination of Neal Royer to Fill a Vacancy on the Area
Agency on Aging Board of Directors. Approved.
6.e. Appointment to the citizens' !ransportation Advisory
Committee; Theo Coleman; Representative from Arroyo Grande.
Approved.
6.f. Adoption of Resolution No. 3093 Supporting the League of
California cities' Resolution on Sales Tax Redistribution to
Increase the Amount Received by cities to Two Percent (2%).
Approved.
6.g. Register of Checks. Approved.
7 . A. PUBLIC HEARING - PROPOSAL TO ADOPT A NEGATIVE DECLARATION
FOR A l80-ACRE SPHERE' OF INFLUENCE AMENDMENT AND RESOLUTION TO
LAFCO FOR A SPHERE OF INFLUENCE AMENDMENT: CASE NO. SI 0101.01:
SOUTHEAST OF HIGHWAY 101. AND CITY LIMITS. ADJACENT TO EL CAMPO
ROAD: APPLICANT: CITY OF ARROYO GRANDE
It was moved by Souza/Fuller, and the motion passed unanimously
to continue the agenda item to October 10, 1995.
7.B. PUBLIC HEARING - PROPOSAL TO ENTER INTO AN ENERGY SERVICE
CONTRACT WITH HONEYWELL. INC.. FOR ENERGY SERVICES AND EOUIPMENT
FOR CITY FACILITIES: CITYWIDE: APPLICANT: HONEVWF.T.T.. INC.
Mr. Latipow referred to his September 26, 1995, staff report and
recommended that Council authorize implementation of the proposed
comprehensive energy conservation program. He pointed out that
Honeywell will guarantee the City will save $524,480 over 'a
period of 10 years. He said if the City fails to meet the
savings projections, Honeywell will make up the difference. l
There were Council questions of staff, and after being assured
that the Public Hearing had been duly published and all legal
requirements met, Mayor Dougall declared the hearing open and
said all persons would be heard regarding the matter. When no
one came forward to speak, Mayor Dougall closed the hearing to
the floor.
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CITY COUNCIL MINUTES
SEPTEMBER 26, 1995 ,-
It was moved by Fuller/Lady (5-0-0, Fuller, Lady, Souza, Brandy,
and Dougall) to approve Resolution No. 3094 Approving certain
Energy Conservation Measures Authorizing the Execution of
Agreements, Signatories and Making Other Determinations in
Connection Therewith.
9 . C. USE OF COUNCIL CHAMBERS FOR THE YMCA'S YOUTH AND GOVERNMENT
PROGRAM, AND WAIVER OF FEES: COUNCIL DIRECTION
On request of Connie M. O'Henley, YMCA Program Director, this
item was removed from the agenda.
9 . E. REOUEST OF CITY OF GROVER BEACH TO CONDUCT A STUDY TO
EXPLORE THE ALTERNATIVES TO THE CURRENT SYSTEM OF DELIVERING
PARKS AND RECREATION SERVICES. IN CONJUNCTION WITH ARROYO GRANDE:
COUNCIL DIRECTION
Mr. Keisler referred to his staff report of September 26, 1995,
and recommended that the Council authorize staff to attend any
meetings scheduled by the City of Grover Beach regarding the
formation of a Joint Powers Agreement to enhance recreation
services.
Council Members asked questions and expressed concerns about the
amount of time and City funds staff would be spending on this
matter, in light of failed past efforts toward consolidation of
services. They requested that staff report regularly to Council
on the amount of time being expended on this matter.
9.F. ADULT BUSINESS ORDINANCE
City Attorney Lyon referred to his September 26, 1995 staff
report and recommended that the Council direct the Planning staff
to work with the city Attorney's Office in the coordination of
public workshops with members of the community, community groups
and organizations and subsequently to prepare amendments to the
Arroyo Grande Municipal Code pertaining to the location and
regulation of adult-oriented businesses.
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council Members said they felt sure the citizens of Arroyo GraAde
would approve regulation of adult-oriented businesses in the
City. They directed staff to proceed as expeditiously as
possible on an ordinance. Mr. Lyon said an emergency ordinance
could not be adopted by the Council and the matter may have to be
I reviewed by the Planning commission before coming back to the
Council.
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l 8.A. FISCAL YEAR 1995-1996 PRELIMINARY ANNUAL BUDGET
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The City Council discussed each depar~~ent's budget and reached
consensus on the following:
1. postponing hiring of police officers and a planner until
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CITY COUNCIL MINUTES "
SEPTEMBER 26, 1995
January 1, 1996, thus saving $74,000 in the 1995-96 budget year.
2. Lease-purchasing all appropriate equipment, saving $50,000.
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3. Not purchasing a pick-up truck for the Parks Department and
saving $12,000.
4. Removal of all proposed computer equipment from the budget
(saving $15,250) until an inventory of City computer equipment is
completed. Review computer purchases after January 1, 1996.
Combine equipment maintenance contracts. Use $5,000 of the
Contingency Reserves Fund for emergency purchase of computers.
5. Deleting $1,000 from the city Attorney's Trayel and Training
Account and $20,000 from Contractual Services Account.
6. Delete up to $5,000 from the Community Promotion budget.
7. Reduce the premium costs in the Taxes/Insurance/Bonds Activity
of the budget by $18,000.
8 . Reduce Planning Department Office Expense account by $1,000.
9. Reduce Planning Department Contractual account by $5,000.
10. Delete $700 from the Police Department Machinery and
Equipment account.
11. Use Fire Impact Fees of $30,500 for capital equipment and
expansion.
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12. Reduce the Building and Safety Travel and Training account by
$800.
13. Combine the proposed PUblic Works, Fire, Parks and Building
and safety Small Tool accounts, and reduce the total by $3,700.
14. Reduce Government Buildings proposed budget by $10,000.
15. Remove $40,000 from the Public Works Department Fuel Tanks
account, leaving $10,000 in a sinking fund. l
16. Remove $110,000 designated for a park in Rancho Grande and a
roller hockey court from the Park Development Capital Projects
Activity in the budget~ Footnote the Park Development Fund with
the following: "*Set aside $110,000 for a park on the east side
of U.S. 101 and a roller hockey court." Council Members voted on
whether or not to resurface the tennis courts for $11,000. Mayor
Dougall and Council Members Brandy, Souza and Lady voted yes,
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CITY COUNCIL MINUTES "
SEPTEMBER 26, 1995
Council Member Fuller voted no.
17. Delete the $4,000 for contractual services from the
Recreation Administration of the Parks and Recreation budget.
18. Reduce by $1,500 the Recreation Administration Special
Department Supplies account.
19. The Council directed staff to prepare for mid-year review
cost analyses of the Soto Sports Complex, the Pre-School, and the
Children-in-Motion program., The Council also asked for a
breakdown on how much participation there is in these programs by
residents of nearby cities.
THE COUNCIL RECESSED FROM 10 TO 10:15 P.M.
The Council discussed the various Policy Items (Proposed items
not in the Preliminary Annual Budget for 1995-96). They reached
the following consensus.
1. Approved the City Clerk hiring of a part-time (contract)
employee to assist in preparing a records-retention program
($7,900).
2. Approved the Fire Department Sleeper Program ($32,850).
3. Approved the Fire Department Volunteer Retention/Incentive
Program ($10,000).
The City Manager said decreases made in the General Fund budget
totalled $215,680, which would allow a Utility Users Tax loweri~g
to 3.8 percent.
The utility Users Tax was the next subject of Council discussion.
Council reached consensus on the following:
1. Establishment of a de-escalation clause in the ordinance
whereby the utility Users Tax would (a) each fiscal year
automatically decrease by one-tenth of one percent (.1%) for each
increase of eighteen thousand dollars ($18,000) in City utility
users tax revenue over utility users tax revenue for the prior
fiscal year, and (b) decrease by 0.1 percent each'subsequent
fiscal year for every increase of $18,000 in actual revenues less
actual expenditures over the same for the prior fiscal year.
2. Develop a procedure, common to the procedure used for hardship
exemptions, wherein a citizen would request an exemption from the
Utility Users Tax for the lesser of the tax paid on his or her
residence or his or her business.
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CITY COUNCIL MINUTES "
SEPTEMBER 26, 1995
JOHN KEEN, 298 North Elm Street, told the Council that allowing
an exemption for business owners who also live the City is unfair
competition. BILL TAPPAN, 1525 Chilton, agreed with Mr. Keen. [
Council Members discussed the property owned by the City on the
Nipomo Mesa used by the Brush Poppers and directed staff to
return to the Council with a report on the ramifications of
selling the property.
After further Council discussion, it was moved by Souza/Brandy
(5-0-0, Souza, Brandy, Fuller, Lady and Dougall voting aye) to
approve Resolution No. 3095 Adopting the Fiscal Year 1995-96
Annual Budget (including $215,680 in General Fund reductions) and
Making Appropriations for the Amount Budgeted.
9. D. REOUEST TO PURCHASE BUDGETED, ITEMS: POLICE CARS
It was moved by Brandy/Fuller, and the motion passed unanimously
to approve the purchase of two 1995 Ford Crown Victoria vehicles
from Downey Ford at a total cost, including tax, of $41,419.95.
9.A. FEE WAIVER POLICY: COUNCIL DISCUSSION AND DIRECTION
Mr. Keisler referred to his September 26, 1995 staff report and
recommended that Council provide direction on the proposed policy
for the reduction or waiver of fees for use of City facilities
and special events.
Council Members discussed and approved the motion of
Souza/Dougall to adopt the proposed policy, but directed staff to
make a six-month report on how the program is working. Mayor
Dougall and Council Members Souza and Lady voted aye, and Council
Members Brandy and Fuller voted no.
9.B. WAIVER OF FEES FOR THE USE OF THE COMMUNITY CENTER: ARROYO
GRANDE COMMUNITY HOSPITAL VOLUNTEER AUXIL;IARY
It was moved by Lady/Souza to direct staff to apply the newly-
adopted Fee Waiver Policy to the request for waiver of fees for
the use of the Community Center by the Arroyo Grande Community
Hospital Volunteer Auxiliary. Mayor Dougall and Council Members
Lady and Souza voted aye and Council Members Fuller and Brandy
voted no.
10. CITY COUNCIL REPORTS l
It was moved by Lady/Souza, and the motion passed unanimously to
continue the City Council Reports to October, 1995.
11. WRITTEN COMMUNICATIONS
None.
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CITY COUNCIL MINUTES "
SEPTEMBER 26, 1995
12. ORAL COMMUNICATIONS
a. Nuclear Waste Information Committee's Request for Action
Council deferred any action until San Luis Obispo Council of
Governments has an opportunity to consider the issue.
13. CLOSED SESSION
None.
14. ADJOURNMENT
It was moved by Souza/Brandy, and the motion passed unanimously
to adjourn the meeting at 11:42 p.m. to the San Luis Obispo
County City Council' Special Joint Meeting on Wednesday,
September 27, 1995 at .7:00 p.m. in Morro Bay Community Center,
1001 Kennedy Way, Morro Bay.
A. K.
ATTEST: i1~ Cl. ~
NANCY A. AVIS, CITY CLERK
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