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Minutes 1994-06-14 , , 309 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. 1 ',31'0 CITY COUNCIL MINUTES JUNE 14, 1994 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 2 . 311 CITY COUNCIL MINUTES JUNE 14, 1994 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 3 -31'2 CITY COUNCIL MINUTES JUNE 14, 1994 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. 4 '. 313 CITY COUNCIL MINUTES JUNE 14, 1994 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 5 3 1"4 CITY COUNCIL MINUTES JUNE 14, 1994 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 6 '"" .. . 315 CITY COUNCIL MINUTES JUNE 14, 1994 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 7 3 1~6 CITY COUNCIL MINUTES JUNE 14, 1994 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 8