Minutes 1994-06-28
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MlNU'l'ES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, JUNE 28, 1994 f
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA I
The city council of the City of Arroyo Grande met at 7:30 P.M. I
with Mayor Matthew Peter Gallagher, III, presiding. I
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1. AND 2. FLAG SALUTE AND INVOCATION
Mayor Gallagher led the Pledge of Allegiance to our Flag, and "
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the Rev. Randy Ouimette, Chaplin for the Arroyo Grande Fire ;
Department, and Minister of st. Johns Lutheran Church, Grover ..
Beach, delivered the invocation.
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3. ROLL CALL :, I
Present with Mayor Gallagher were Council Members Drew Brandy,
Bernard Burke, and Michael Lady. Council Member James Souza is ;'j
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absent. Staff Members present were Kurt Latipow, Director of Fire
and Building Kurt Latipow, Planning Director Doreen Liberto-Blanck,
Parks and Recreation Director John Keisler, and Assistant city
Attorney Tim Carmel.
4. ORAL COMMUNICATIONS.
None.
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5. PRESENTATION OF EMPLOYEE SUGGESTION AWARDS AND CERTIFICATES OX 'N'
COMMENDATION TO CITY EMPLOYEES DOUGLAS BARMAN . JOHN SOARES AND ;~~
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SHIRLEY PAYNE. r
On behalf of the city Council, Mayor Gallagher and Council ',.
Member Brandy presented Suggestion Awards and certificates of
Commendation to city Employees Douglas Barman, John Soares and ;
Shirley Payne. Mayor Gallagher thanked the emp10yee~ for their
efforts, which will result in long term savings to the city.
6. CONSENT AGENDA
It was moved by Burke/Brandy, and the motion passed
unanimously to approve Consent Agenda Items 6. a. through 6. h., with
the recommended courses of action. Mayor Gallagher referred to '~,:
consent Agenda Item 6.h., and asked why the requirement for a bond
is included in the bid. Mr. Carmel stated that the Request for
Proposal included the bond requirement. He said he would come back
at the next meeting with more information.
6.a. June 2, 1994, city council Budget Study Session Minutes. "
Approved.
6.b. June 6, 1994, city council Budget Study Session Minutes. ! .
Approved.
6.c. June 13, .1994 , city council Budget Study Session Minutes. I
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Approved. I
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6.d. June 14, 1994, city council Minutes. Approved.
6.e. Letter of Resignation from Henry Jewett, Senior Advisory
Commission Member. Accepted with regrets.
6.f. Architectural review Case No. 87-392, Amendment # 2 , 337
Mesquite Lane; Applied for by Chuck and Marian Fiorentino.
Approved.
6.g. 1994-95 San Luis Obispo Council of Governments' Joint Powers
Agreement Annual Ratification. Mayor authorized to sign.
6.h. Award of Bid; Street Sweeping Contract. Awarded to low
, bidder.
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7. REGISTER OF CHECKS
It was moved by Burke/Lady, and the motion passed unanimously
to approve Cash Disbursements in the amount of $872,510.15, as
listed in the June 22, 1994, Staff Report of Finance Director,
David Bacon.
8.a PUBLIC HEARING - CONSIDERATION OF AN APPLICATION FOR AN
ECONOMIC DEVELOPMENT PLANNING ACTIVITY TO THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM OF THE STATE OF CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT.
Planning Director Liberto-Blanck briefly reviewed the grant
application, stating that for sometime now the city and business
community have been meeting_to identify programs which could help
stimulate and improve the local economy. As part of this program,
the Economic Development Committee feels that attracting new
businesses is probably one of the more important things that the
city could do to create new jobs and reduce the vacancy rate in the
city. However, before the City can attract new businesses, there
must be an understanding of what the city's opportunities are; we
cannot merely just zone property for commercial/industrial if there
are none that want to come to the city. To help identify
businesses that could come to the City, we looked at preparing an
Economic opportunity Analysis, which would be prepared to identify
businesses, identify the city's opportunities, and actually put
together a program. However, to do this does cost money, so we are
looking at one way to reduce the cost. One way to do this is to
apply for an Economic Development Grant.
Staff has put together an application packet which is before
the council this evening. The Economic Opportunity Analysis will
include things such as identifying the business climate analysis to
assess the community characteristics relevant to the business
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development and growth; Market analyses to determine the sales
potential and market gaps for various business cluster; examination
of potential sites to support development projects, establish
project priorities for City action, and implementation planning for
the high priority future projects for other grant funds we could go
after. As part of this grant, however, we do have to have matching
funds, which would be $5,100, that has already been identified in
the budget.
In response to Mayor Gallagher's question regarding the time
frame, Ms. Liberto-Blanck stated that the City should know by
August or September whether or not we are successful in receiving
the grant.
After being assured that the Public Hearing had been duly
published and all legal requirements met, Mayor Gallagher declared
the hearing open.
Tim Quiggle, 358 Corbett Canyon Road, stated he worked on the
Economic Development Committee, Chamber of Commerce, with Carlene
Bedwell, Ms. Liberto-Blanck, Bob switzer and Council Member Brandy.
He stated that a lot of time was spent focusing the direction of
this grant to make it the shortest route from where we are today to
the completed project. He stated there has been a lot of input
from a lot of different people. This grant would be the first in
a series of grants, and once the product that this grant is funding
is completed, it will give us information to continue with a
project and to apply for other grants to develop the infrastructure
in other grants that are available.
Hearing no further comments from the floor, Mayor Gallagher
closed the public hearing.
Mayor Gallagher complimented the Planning Director Liberto-
Blanck for the work that was done through her office, the Chamber,
and the Economic Development task force in putting this package
together. He stated he feels that the assessment of the team of a
grant application for a market analysis to determine what .
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necessary for the community is the right way to go. Council Member
Lady stated he feels this is a step in the right direction, and it
is encouraging to see everybody working together. Council Member
Burke stated this is one grant he . in favor of, however, he
1S cautioned that grants requiring "up front" :rronies need to be looked
at very carefully. Council Member Brandy stated he feels this
particular grant is a step in the right direction. Mayor Gallagher
stated his feelings that the focus of the grant application and the
focus of the Economic Development Task force has been to create
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strategies and move in a direction to enhance our revenue stream
and, basically, to offset the utility tax. We are trying to do
whatever we can that would enhance our economic viability within
our own community so that we can positively influence our revenue
flow and move away from using a direct tax basis of the
constituents in our community.
After further discussion, the following action was taken:
RESOLUTION NO. 3036
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AN APPLICATION FOR FUNDING
AND THE EXECUTION OF A GRANT FROM THE PLANNING/
TECHNICAL ASSISTANCE ALLOCATION OF THE STATE CDBG PROGRAM
On motion of Council Member Brandy, seconded by Council Member
Lady, and by the following roll call vote, to wit:
AYES: Council Members Brandy, Burke, Lady and Mayor
Gallagher
NOES: None
ABSENT: Council Member Souza
the foregoing Resolution was adopted this 28th day of June 1994.
9. a. SECOND READING OF ORDINANCE AMENDING THE MUNICIPAL CODE
REGARDING THE ESTABLISHMENT OF A TEEN ADVISORY COMMITTEE
It was moved by Burke/Lady, and the motion passed unanimously
to dispense with the full reading of the Ordinance. There being no
comments, the following action was taken:
ORDINANCE NO. 464 C.S.
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
On motion by Council Member Brandy, seconded by Council Member
Burke, and by the following roll call vote, to wit:
AYES: Council Members Brandy, Burke, Lady and Mayor
Gallagher
NOES: None
ABSENT; Council Member Souza
the foregoing Ordinance was adopted this 28th day of June, 1994.
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9.b. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ARROYO GRANDE
AND THE SAN LUIS OBISPO COUNTY Y.M.C.A.
John Keisler, Director of Parks and Recreation, stated he is
pleased to be recommending to the city Council that the enclosed
Memorandum of Understanding be approved by the Council, noting that
this is the first step in providing the Y.M.C.A. with the five acre
parcel of land to construct a facility within the community. He
pointed out that this will go to the Board of Supervisors wherein ,
they will be introduced to the project and we will get some
feedbabk from them also.
Assistant city Attorney Tim Carmel advised that the County has
to continue and finish their lot line adjustment before this
actually reaches the Board of Supervisors, and there really is not
a clear time line as to how long that will take. Mayor Gallagher
asked that the city Administrator be directed to follow up on that
time line.
Mike Mogenson, 211 Mariposa circle, Arroyo Grande, General
Director of the Y.M.C.A., discussed the various phases of the
project. He stated they project that a capital campaign would be
starting in June of 1995, and envision this will take about a year, .~I
and depending on how things progress, we could start construction ~.
in the fall of 1996. I
Mayor Gallagher stated that when a sign was first placed on t1
the site; questions were raised as to what is being projected
there, and there were some concerns expressed. He asked if we were
wqrking in concert with the residents in the Royal Oaks area so
that they have some idea of what is happening? Mr. Mogenson stated ;
since the sign went up and because of the miscommunication .
concerning the sign, we have been really low key awaiting tonight's
actIon. Any complaints' that come in to John Keisler will be
forwarded to theY.M.C.A. and the Advisory Committee, and those
complaints will be handled on a one on one basis. Mayor Gallagher
stated he feels there is a need to get the residents involved as
soon as possible so they are fully informed about what is going on
with the project.
Pete Dougall, 1241 Farroll Avenue, Chairman of the Five cities
Y.M.C.A. Board, stated Mr. Keisler has provided him with the names
of the most concerned residents in the area, and he has been in
touch with them and has assured them they will on board throughout
the entire project.
Tim Carmel advised that there is a clerical error in the first
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reci tal, Page 1 Paragraph A. The correction should read: "The
ci ty has indicated a willingness to provide l~ml_i.the tI~it.~!~J for
the Y.M.C.A. ....". Mr. Carmel further pointed out that when the
agreement comes back, an indemnity clause is going to be included
on Page 4 on the very top before Paragraph 3; it would be an
additional Paragraph 2.(f). which will read "The Y.M.C.A. agrees to
indemnify and hold the City harmless from any and all damage
arising from the Y.M.C.A.'s use of the facility".
It was moved by Burke/Lady and the motion passed unanimously
to approve the Memorandum of Understanding between the ci ty of
Arroyo Grande and the Five cities Y.M.C.A., as modified by staff.
10.a. STREET CLOSURE REOUESTS; I.~~~
- Chief Latipow, Director of Building and Fire, referred to the
memo prepared by Commander William C. Andrews, dated June 22, 1994,
and his memo dated June 27, 1994 regarding modification of the
proposed parade route.
Commander Andrews reviewed his memorandum, noting that if the
request is approved, it will necessitate a minimum of two
additional officers on overtime pay for four hours each, resulting
in a cost of $308.00 to the city.
Anthony Azevedo, 1352 Huasna Road, representing the I.D.E.S.
Council, said they have no objections to the route modification.
In response to Mayor Gallagher's question regarding the cost of
additional officers for the parade, Mr. Azevedo said they are a
non-profit organization and rely totally on donations and they
would appreciate it if they could split the cost with the city.
Council Member Lady said it is encouraging to see these events
take place. He stated he is sympathetic about the costs, and
perhaps in the years to corne, they could allow for these costs.
Council Member Burke stated he is in favor of the modified street
closure request as proposed by the Fire Chief, however he feels
that the additional expense incurred by the city should be paid by
the organization. Council Member Brandy stated he concurs with
Council Member Burke on the issue of cost for the officers.
Council Member Lady noted that the City does not charge for police
services for events such as the Arroyo Grande Car Show and Harvest
Festival activities, stating there are events in the City where
city services are provided without reimbursement and, therefore,
he is in favor of taking Mr. Azevedo up on his offer to split the
cost.
Mayor Gallagher spoke regarding the various events, traditions
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and carrying on family ties, stating it is like investing in the
community to the tune of $154.00, which is not an extraordinary
amount. He said he believes the City shares some responsibility in
makin9 sure that these positive events occur in the community, and
he would be in support the request in sharing the costs. He
suggested that perhaps next year the I.D.E.S. Council could
forecast this expense and provide for it in their budget.
Council Member Burke moved to approve the modified street,
closure request with the condition that the additional expense
incurred by the Police Department be paid by the I.D.E.S. Council.
The motion failed for lack of a second.
It was moved by Lady/Brandy, and motion passed with one "no"
vote to accept the proposal with the modification of the parade
route outlined by the Fire Chief, and that the additional expense
for City services be shared by the City and the LO.E.S. Council on
a 50/50 basis, and with the understanding that the I.D.E.S. make an
effort to cover these extra costs next year.
10.b.AND c. MAYOR'S INTENTION TO REAPPOINT MEMBE-~AND NEW MEMB~R
APPOINTMENTS OF MEMBERS TO VARIOUS COMMISSIONS AND BOARDS
It was moved by Burke/Lady, and motion unanimously passed, to
accept the reappointments and new appointments as follows:
* John Keen, Planning Commission (New term expires ~Tune 30,
1997) .
".. Patricia Sanger, Parks & Recreation Commission (New term
expires June 30, 1997)
* Gary Borda, Traffic commission (New term expires June 30,
1997)
* Cleo Silva, Traffic Commission (New term expires June 30,
1997)
* Katherine Silva, Senior Advisory Commission (New term Expires
June 30, 1997)
* Louis Delaney, Senior Advisory Commission (New term expires
June 30, 1997)
* Anne Waiters, Downtown Parking Advisory Board (New term
expires June 30, 1997)
* Marlin Harper, Downtown Parking Advisory Board (New term
expires June 30, 1997)
* Mark Clark, Downtown Parking Advisory Board (New term expires
June 30, a997)
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* Norm stevens, Mobile Home Rent Review Board (New term expires
.June 30, 1997)
* Melvin Johnson, Mobile Home Rent Review Board (New term
expires June 30, 1997)
* Pamela Ianneo, Parks and Recreation commission (Term expires
June 30, 1997)
10.d. RESOLUTION ADOPTING 'rHE 1994-95 PROPOSED BUDGE'r
Mayor Gallagher stated it appears there will be some carry
over from the end of this year as a result of cost savings, and we
still have yet to identify what the implications are to what the
state fiscal impacts will be for the adjustment of their budgets,
so its Council's intention to revisit the budget the first of tile
year to evaluate what the fiscal impacts have been. He commended
, staff for their work in preparing the budget, and commended the
~ Department Heads for an admirable job in preparing their cases and
the justification for their needs.
Council Member Brandy stated that because Council Member Souza
is not here tonight, and because of the unpredictability of the
state, he would like to see Councilman Souza's idea incorporated
that each department strive to save at least 10%.
RESOLUTION NO. 3037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE, ADOPTING THE 1994-1995 PROPOSED
BUDGET, AS AMENDED BY THE CITY COUNCIL
On motion by Council Member Burke, seconded by Council Hember
Brandy, and on the following roll call vote, to wit:
AYES: Council Members Brandy, Burke, Lady and Mayor
Gallagher
NOES: None
ABSENT: Council Member Souza
the foregoing Resolution was adopted this 28th day of June 1994.
lO.e. REPORTS FROM V~IOUS COMMITTEES
1. South San Luis Obispo county Sanitation District.
Mayor Gallagher said the District has been dealing with the
budget and it is on the agenda for the upcoming meeting for
adoption. Also the District is continuing work with Regional Water
Quality Control for off shore shelf monitoring.
2. South County Area Transit.
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CITY COUNCIL MINUTES
JUNE 28, 1994
Council Member Burke stated there was no meeting last month
3 . Council of Governments.
Council Member Burke stated an election of officers was held.
One of the important things that carne up at the meeting was the
question of the call boxes on Highway 101. He requested some
direction from the Council about their feelings on the subject.
Mayor Gallagher pointed out that this issue was addressed last year
and was turned down. He stated that not only is the cost an issue,
but that the technology is changing so rapidly, we would be
investing in a system that is already arcane.
4. Integrated Waste Management Authority.
council Member Lady stated this organization has not convened
since his appointment and, therefore, he has nothing to report. .:.
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5. Zone 3 Water Advisory Committee.
council Member Brandy referenced the proposed drought
contingency plan submitted to the state by the Flood Control
District about a year ago, which was rejected. A new plan is being
formulated, which will be basically the same as before, but
reworded to show a stage rationing program over a five to seven
year period of time. This new plan will be reviewed at our next
meeting in July.
6, county Water Advisory Board.
Council Member Brandy said that the Technical committee is
meeting on new regulations for water treatment, and new regulations
are forthcoming for the treatment of surface water with primary
emphasis on increased monitoring responsibilities and costs.
7. Long Range Plan Update Committee.
council Member Souza, Council's representative to the Long
Range Plan Update Committee, is absent.
8. Chamber of Commerce Economic Development Committee.
council Member Souza, Council's representative to the Chamber
of Commerce Economic Development Committee, is absent.
9. Coordinated Agriculture Support Program.
council Member Souza, Council's representativta to the
Coordinated Agriculture support program, is absent.
11. WRITTEN COMMUNICATIONS - None
,12. ORAL COMMUNICATIONS - None
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13. ADJOURNMENT.
On motion by Council Member Burke, seconded by Council Member
Lady, motion carried unanimously, the meeting was adjourned at 9:05
P.M. to 10:00 A.M. Saturday, July 9, 1994, for a joint field trip
with the Planning Commission to the FredericL' property.
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