Minutes 1994-06-14
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 14, 1994
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
The City Council of the City of Arroyo Grande met at 1:30
P.M., .with Mayor Matthew Peter Gallagher, III, presiding.
1. AND 2. FLAG SALUTE AND INVOCATION
Mayor Gallagher led the Pledge of Allegiance to our Flag,
and the Rev. Robert Banker of Oceano Open Door Church delivered
the invocation.
3. ROLL CALL
Present with Mayor Gallagher were Council Members Drew
v Brandy, Bernard Burke, Michael Lady and James Souza. Staff
members present were City Manager Chris Christiansen, City
Attorney Roger Lyon, city Clerk Nancy Davis and Planning Director
Doreen Liberto-Blanck.
4. ORAL COMMUNICATIONS
JIM WRIGHT and KATCHO ACHADJIAN said the Police Department
had been working without a contract for more than a year and
requested that the Council approve a contract as soon as
possible.
5. CONSENT AGENDA
It was moved by Burke/Lady, and the motion passed
unanimously to approve Consent Agenda Items 5.a. through 5.e.,
with the recommended courses of action.
5.a. May 24, 1994, City Council Minutes. Approved.
5.b. June 1, 1994, Senior Advisory Commission Minutes.
Information.
5.c. May, 1994, Investment Report. Information.
5.d. Planning Commissioners Training Workshop: Sponsored by
Arroyo Grande and Grover Beach. Information.
5.e. Approval of Parcel Map AG 92-066: 154 Traffic Way: David
Hayertz. Approved.
6. REGISTER OF CHECKS
It was moved by Burke/Souza, and the motion passed
unanimously to approve Cash Disbursements in the amount of
$361,560.13, as listed in the June 8, 1994, Staff Report of
Finance Director David Bacon.
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7.A. PUBLIC HEARING - SOLICITATION OF COMMENTS REGARDING 1994
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATIONS
Planning Director Liberto-Blanck referred to her June 14,
1994, Staff Report and recommended that the city Council accept
testimony and direct staff on the 1994 grant cycle. She said the
purpose of the public hearing was to discuss potential future
activities for a 1994 Community Development Black Grant (CDBG)
application(s). She said this was a requirement of the State,
prior to submittal of any grant application.
Ms. Liberto-Blanck referred to an Exhibit 1 and said there
are three allocations under the State CDBG Program, General
Allocation, Economic Development Allocation and Native American
Allocation. She said the four (4) main categories of funding
under a General Allocation grant are:
1. Housing - eligible projects include activities associated with
the construction of new housing (i.e., land acquisition, off-site
improvements), rehabilitation of existing housing, and emergency
shelter.
2. Public Facilities - eligible projects include the cost of
acquisition, construction or installation of the public facility
and site or other improvements, including water, flood and
drainage facilities, senior centers, parks and playgrounds.
3. community facilities and services - eligible projects include
acquisition, rehabilitation, or new construction of buildings and
grounds which are not used for permanent housing or centers of
general local government, but used for other public purposes such
as training, health, education, recreation, nutrition, emergency
shelter, day care or fire protection.
4. Planning/Technical Assistance - eligible projects include
business retention, business attraction, infrastructure needs,
affordable housing development, downtown revitalization,
identification of businesses including preparing feasibility
studies, market studies and land inventories.
The Planning Director said a jurisdiction can receive up to
$800,000 in anyone year. She referred to an outline providing
additional information on the program. She said grants funded
from either Planning/Technical Assistance Allocation are in
addition to any grants received under the Economic Development,
General or Native American Allocations and are not subject to the
annual $800,000 funding limitation of the CDBG Program, but are
subject to the two-year $1.2 million cap.
After being assured that the Public Hearing had been duly
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published and all legal requirements met, Mayor Gallagher
declared the hearing open and said all persons would be heard
regarding the matter. When no one came forward to speak, Mayor
Gallagher closed the hearing to the floor.
Mayor Gallagher said there are two projects being planned
in the City - the Performing Arts Center and the YMCA. He asked
if the city could coordinate or work in partnership with those
groups and facilitate those activities. He said he was hoping the
city could be the lead agency in getting the grants that would
perhaps provide seed money to get the projects moving further
along than they are.
The Planning Director said staff could look into that and
see if they are viable projects under the state grants. She said
this is for the 1994 grant period, and that in early 1995 the
City will hold another public hearing similar to this one and if
the City is interested it can apply for 1995 grants also.
Council Member Souza said the City should pursue the Mayor's
idea since it may not receive the planning and technical grants.
Council Member Burke asked if the City could legally assist
outside organizations as the Mayor had suggested.
City Attorney Lyon said it depends on the source of the
funding, and the City would have to be very careful about
restrictions of the grant as well as whether there could be a
problem with the "gift of public funds" law. He said the Council
would have to be very specific in the grant application.
Mayor Gallagher said the YMCA, for example, provides
components for health education, day care, recreation, nutrition,
fire protection and is designated as an emergency center. He
said because the Y provides these services to the community,
perhaps the City could be a lead agency in applying for a grant
and assist with the construction of the building.
Council Member Lady said the City should look for
alternative methods such as grants for funding projects and then
proceed cautiously. He said this would be an investment well
made.
Council Member Brandy said the City has taken a positive
step by budgeting for a consultant to look for grants.
8.A. UPDATE REPORT ON GENERAL FUND REVENUES AND EXPENDITURES:
FINANCE DIRECTOR
Mr. Christiansen referred to the June 8, 1994, Staff Report
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by Finance Director David Bacon, who wrote that projections to
June 30, 1994, continue to look promising: that is, staff
anticipates reaching "above zero," through continuing its under-
spending by perhaps three percent of department budgets this
fiscal year, along with a net gain in revenues above budget, and
thus eliminate the deficit the City began with in the General
Fund .' According to the report, the projected net gain as of June
30, 1994, will be $178,000.
Mayor Gallagher said he was concerned about the City's
budget and asked staff to try to get more information on how
state budget cutting may affect the city.
9.A. MAYOR GALLAGHER'S INTENTION TO NOMINATE AND APPOINT COUNCIL
MEMBER BERNARD BURKE AS THE CITY'S ALTERNATE REPRESENTATIVE TO
THE INTEGRATED WASTE MANAGEMENT AUTHORITY ( IWMA) BOARD -'
Mayor Gallagher nominated Council Member Burke as the City's
alternate representative to the Integrated Waste Management
Authority Board, and the council approved.
9.B. MAYOR GALLAGHER'S INTENTION TO NOMINATE AND APPOINT COUNCIL
MEMBER MIKE LADY AS THE CITY'S REPRESENTATIVE TO THE AIR
POLLUTION CO~TROL BOARD
Mayor Gallagher nominated Council Member Lady as the city's
representative to the Air Pollution Control Board, and the
Council approved.
9.C. REPORT ON FARMER'S MARKET: PETER JANKAY
Mr. Christiansen told the council that on June 6, 1994, Mr.
and Mrs. David Beery has some concerns regarding the Farmer's
Market operation. He said the Farmer's Market is a private
corporation controlled by a nine-person board, and was instituted
to help the small farmer market his goods and eliminate the
middle person. He said only farmers or their employees are
permitted to sell after being certified by County Health.
PETER JANKAY, administrator for the Farmers Market, spoke to
the Council. He referred to his June 14, 1994, letter to the
council and gave a history and description of the market. He
said the Farmers Market association consists of approximately 150
members, who elect a nine member Board, which sets policy and
employs an administrator. He said the administrator implements
policy, is responsible for market operations and business
matters, and hires managers. He said John Turner is market
manager for the Arroyo Grande market. He said in order to
promote growth and strengthen the markets, the board has put a
ceiling on the number of growers, encouraging growers year round
to save product just for the Arroyo Grande market, staging
promotional events, and advertising.
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Council Members asked questions of Mr. Jankay regarding
local farmer participation. Mr. Jankay said there are many local
farmers participating. He said the ceiling on the number of
growers allowed in was necessary in order to ensure quality and
variety. He said most of the farmers in the market farm for a
living.
Council Member Brandy said he approved of the Farmers Market
but was concerned that some local citizens are not allowed to
participate in the market that uses city property.
Council Members Lady, Burke and Souza praised the operation
of the market.
Mayor Gallagher and Council Member Lady said they felt
better communication was needed with Mr. and Mrs. Beery. The
Mayor said he hoped the Farmers Market Board would be more
sensitive to council concerns about access and maybe a middle
ground could be found.
9.D. EMPLOYEE SUGGESTION AWARD PROGRAM: APPROVAL OF AWARDS
Mr. Christiansen referred to the June 8, 1994, Staff Report
of City Clerk Nancy Davis, coordinator of the Suggestion Review
Committee. He said the committee had recommended that
certificates of Commendation and monetary awards be given to
three City employees, as follows:
1. Douglas Barman, $25, for his suggestion that an annual city
event be held to acknowledge long-term or outstanding employees,
also an "Employee of the Year."
2. John Soares, $50, for his suggestion that a there be
constructed a canvas enclosure with a headboard on Truck No. 20
for on-site chipping of green materials such as trees and brush,
thus saving the City $200 in labor per use, with estimated 10 to
12 uses per year.
3. shirley Payne, $100, for her suggestion to remove the electric
heat pumps at Elm Street Community Center and replace them with
donated gas heaters, installed free of charge by Payne Plumbing
and Heating, thus creating a tremendous savings in yearly heating
costs.
Mr. Christiansen recommended that the Council approve the
awards and make the presentations at the meeting of June 28,
1994.
It was moved by Lady/Brandy, and the motion passed
unanimously to approve presenting the awards to the three
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employees, Douglas Barman, John Soares and Shirley Payne on June
28, 1994.
Council Members discussed an issue raised by the Suggestion
Award Committee of whether to make further awards to an employee,
whose suggestion turns out to be of significantly more benefit to
the city. council Member Burke said he did not think that would
be a good policy.
It was moved by Brandy/Lady, and the motion passed to
approve authorizing an additional award to an employee whose
suggestion was found after one year to be of substantial savings
to the city, with the employee's Department Head monitoring the
savings. Council Members Brandy, Lady, Souza and Mayor Gallagher
voted aye on the motion, and Council Member Burke voted no.
9.E. RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A ,-
GENERAL MUNICIPAL ELECTION. TUESDAY. NOVEMBER 8. 1994. FOR THE
ELECTION OF CERTAIN OFFICERS: RESOLUTION REOUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE GENERAL ELECTION:
RESOLUTION ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE
OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE FOR
THE GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 8. 1994
It was moved by Souza/Brandy (5-0-0, Souza, Brandy, Burke,
Lady and Gallagher voting aye) to approve Resolution No. 3033
calling and Giving Notice of the Holding of a General Municipal
Election to be Held in the city on Tuesday, November 8, 1994, for
the Election of certain Officers of the City as Required by the
provisions of the laws of the State of California Relating to
General Law cities.
It was moved by Burke/Brandy (5-0-0, Burke, Brandy, Lady,
Souza and Gallagher voting aye) to approve Resolution No. 3034
Requesting the Board of Supervisors of the County of San Luis
Obispo to Consolidate a General Municipal Election to be Held on
November 8, 1994, with the Statewide General Election to be Held
on the Date Pursuant to section 23302 of the Elections Code.
It was moved by 'Brandy/Burke (5-0-0, Brandy, Burke, Lady,
Souza and Gallagher voting aye) to approve Resolution No. 3035
Adopting Regulations for Candidates for Elective Office
Pertaining to Materials Submitted to the Electorate for the
General Municipal Election to be Held in the City on Tuesday,
November 8, 1994.
9.F. ORDINANCE AMENDING THE MUNICIPAL CODE REGARDING THE
ESTABLISHMENT OF A TEEN ADVISORY COMMITTEE
Mr. Christiansen said the proposed ordinance would establish
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the Teen Advisory Committee as a permanent committee of the city.
Mayor Gallagher said the committee has been and continues to
be an asset to the Parks and Recreation Commission and the
community.
Mr. Christiansen read the title of the proposed ordinance,
An Ordinance of the City Council of the city of Arroyo Grande
Amending Municipal Code Title 10, Chapter 6 Regarding the
Establishment of a Teen Advisory Committee. It was moved by
Burke/Souza, and the motion passed unanimously to dispense with
the further reading of the ordinance. It was moved by
Souza/Burke, and the motion passed unanimously to introduce the
proposed ordinance by title only. Mayor Gallagher said that
constituted the first reading of the ordinance.
- 9.G. JOINT FIELD TRIP WITH CITY COUNCIL AND PLANNING COMMISSION
TO THE FREDERICK PROPERTY LOCATED JUST SOUTH OF CITY LIMITS OFF
U.S. 101
Council Members decided to meet at 10:00 A.M. Saturday, July
9, 1994, at the Frederick Property located just south of the City
limits off U.S. 101 for a field trip. The Council has been
discussing the possibility of adding the property to the city's
Sphere of Influence.
10. WRITTEN COMMUNICATIONS
None.
11. ORAL COMMUNICATIONS
None.
12. CLOSED SESSION:
On the unanimously approved motion of Burke/Brandy, the
Council adjourned at 8:48 P.M. to a Closed Session covering the
following:
(a) Conference with Labor Negotiator: Government Code
section 54957.6
Agency Negotiator: Chris Christiansen, City Manager
Employee organization: Service Employees International Union
and Arroyo Grande Police Officers'
Association
(b) Public Employee Performance Evaluation: Government Code
section 54957
Title: city Manager
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ADJOURNMENT
The Council reconvened at 10:10 P.M. and, on the unanimously
approved motion of Souza/Lady, immediately adjourned, with no
action taken.
'--1Y\
YOR
ATTEST: ~t/J... ~
NANCY A. AVIS, CITY CLERK
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