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Minutes 1997-10-14 ,4 3~Q - MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, OCTOBER 14,1997 CITY COUNCIL CHAMBERS 214 E, BRANCH STREET ARROYO GRANpE, CALIFORNIA 1. CALL TO ORDER The City Council of the City of Arroyo Grande met in regular session at 7:30 p.m., with Mayor A.K. "Pete" Dougall presiding. 2. AND 3, FLAG SALUTE AND INVOCATION Assembly No. 100 Order of Rainbow for Girls led the Flag Salute. Pastor Robert Banker of the Open Door Church of Oceano delivered the Invocation. 4, ROLL CALL Present with Mayor Dougall were Mayor Pro Tern Michael Lady and Council Members Michael Fuller, Thomas A. Runels, and Steve Tolley. Staff Members present were City Manager Robert L. Hunt, City Attorney Timothy J. Carmel, Community Development Director Doreen Liberto-Blanck,. Associate Planner Helen Elder, Public Works Director John Wallace, Associate Engineer Jill Peterson, Associate Engineer Valerie Beard, Chief of Police Rick TerBorch, Director of Building and Fire and Interim Parks and Recreation Director Terry Fibich, Interim Operations Manager Doug Perrin, and Administrative Secretary Jennifer Jenkins. 5. SPECIAL PRESENT A TIONS a.. Proclamation - "Red Ribbon Week," October 23-31, 1997. The proclamation was accepted by Police Chief TerBorch. b. Letter of Appreciation to John Soares. The Letter of Appreciation was accepted by Mr. Soares. 6. AGENDA REVIEW City Manager Hunt said a document concerning Agenda Item 10.a had been placed on the dais for Council Members. 6.a.RESOLUTIONS AND ORDINACES READ IN TITLE ONLY It was moved by Lady/Fuller and the motion passed unanimously that all resolutions and ordinances presented at the meeting be read in title only and all further reading be waiVed. , , . 431 CITY COUNCIL MEETING OCTOBER 14, 1997 7. PUBLIC HEARING -APPROVAL OF A FRANCHISE AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND SOUTH COUNTY SANITARY SERVICE, INC, City Manager Hunt reported that the Franchise Agreement is the culmination of a two-year process involving staff and Council Members of the three South County Cities. Council Member Fuller was the City of Arroyo Grande's elected representative to the subcommittee which also consisted of three City Managers. City Manager Hunt said the subcommittee considered the Franchise Agreement to be a very comprehensive and competitive agreement. On April 9, 1997, Council approved the first amendment to the Franchise Agreement, which stipulated that if ttie new franchise agreement could not agree on the new terms and conditions, the City may put the franchise out to bid. He said the subcommittee has confidence in the new Franchise Agreement, which will make the bid process unnecessary. There being no 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. Steve McGrath of RALCCO Recycling Solid Waste and Recycling Company commented on several Council Agenda items involving bids on low budget items. Mr. McGrath noted that the Franchise Agreement represented a multi-million dollar agreement spread out over ten years. He felt that the Agreement should not be accepted without the benefit of hearing from other alternative providers of service. Mr. McGrath stated that RALCCO is the c.urrent recycling contractor and in determining the recycling contract, Council agreed that it should go out to bid to determine the going rate for the community. He also noted four other state contracts in the County went out to bid and three remained with RALCCO due to significant savings. Mr. McGraw distributed to Council RALCCO's actual rates. He asked Council to continue this hearing to consider options available through other service providers, who would buy into the current Franchise Agreement and might offer more competitive rates. Tom Martin of South County Sanitary said that by Council approving this Franchise Agreement, it would ensure a continuity of customer service and enable the landfill. to obtain funds for expansion over the next 25 .years. Mr. Martin noted that while RALCCO achieved savings in the bid process, it also' absolved it of any participation of AB939 recycling goals, of paying any franchise fees without bonding requirements, and other items. He.said by Cc;>uncil moving forward with this' Franchise Agreement, it is achieving its AB939 goals for the community. 2 ,43.2 . ~ CITY COUNCIL MEEliNG OCTOBER 14,1997 . Steve Aslanidis of RALCCO Recycling stated that it was the successful bidder for Cal Poly University recycling. He said State law mandates that the all government bids must be awarded to the lowest successful bidder, which was RALCCO Recycling. Mr. Aslanidis questioned Mr. Martin's statement regarding the need for revenue for landfill 'expansion when Cold Canyon Landfill attempted to prevent RALCCO from using the landfill. Mr. Aslanidis pointed out that RALCCO Recycling receives $60,000 in revenue from the City of Arroyo Grande and RALCCO gives $30,000 back to the City. He also emphasized its good service record with Cal Poly University. Mr. Aslanidis urged the Council to go through the bid process to save money. Brian Tuoey of Central Coast Industries, a solid waste recycling company, stated that it would be prudent of the City to take into consideration all of the above reasons to follow through with the competitive bid process. He said to his knowledge, this is the only industry that does not go out to the competitive bid process. He pointed out that the competitive bid process is good for business and it is good for the economy. He asked Council to examine the savings to the City, to the taxpayers, and the citizens. Patrick Cusack, of 1155 Vard Loomis Ln. asked that, as a resident of Arroyo Grande, Council consider the competitive bid process. He stated that if the City allowed the competitive bid prqcess and South County Sanitary is the successful bidder, then the citizens of Arroyo Grande are no worse off. He said if it comes in lower than the current rates, the City will be saving money. As a citizen who pays the bill, it would be in the best interest of the citizens for Council to take an extra step to consider this. Otis Page of 606 Myrtle Street strongly recommended that Council consider the competitive bid on this matter. Mr. Page was concerned that there may be a potential conflict of interest with the Mayor on this subject. Mayor Dougall indicated that there is not the slightest conflict with this issue. When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. Council Members thanked the subcommitt~e for its efforts in putting together this Agreement. While they are in support of staffs recommendations, they felt that in light of the issues brought forward, Council Members would like to continue this until more information has been gathered. Mayor Dougall pointed out that State contracts are not as large as the City of Arroyo Grande and felt the bid process was not necessary. Mayor Pro Tern Lady askeq the Council to continue this item and put it out to competitive bid. Council Member Fuller stated that there should be consideration to look at the process itself prior to moving forward with the 3 , . CITY COUNCIL MEETING OCTOBER 14, 1997 - Agreement. Council Member Tolley commented on the ben~fit of maintaining performance standards with the bid process. A motion was on the floor by Mayor Pro Tem Lady to withhold approval of the current Franchise Agreement and to move forward with the competitive bid process within a six-month time frame. The motion was not seconded. It was moved by Tolley/Fuller to allow a two-week extension to review the present Agreement and consider the item at the next City Council Meeting. The motion passed on a roll call vote with Tolley, Fuller, Runels, and Lady . voting aye. Mayor Dougall opposing the vote. 8. PUBLIC COMMENT PERIOD Nancy Parker of 129 E. Cherry, voiced her concerns regarding the drainage situation along the property belonging to Coker Ellsworth. The property is currently being raised four feet and this will cause considerable drainage problems for residents on East Cherry, Noguera, and Launa Lane. Ms. Parker said she does not feel the 14" pipe will adequately handle this drainage. .. Ms. Parker referenced the City's Negative Declaration for the Coker Ellsworth project from the Community Development Department which states that a structural plan should be in place to support this development and an on-site grading plan incorporating the retarding basin would be in accordance with Community Development plans. She said, she and nearby neighbors were requesting that the Council research this drainage area to ensure that it is according to the City's Negative Declaration. Ella Honeycutt of 560 Oak Hill Road came forward to call attention to the value of property owners of prime agricultural land in Arroyo Grande. Specifically, Ms. Honeycutt voiced her concerns for the Dixon family property. She stated that citizens and past Councils have worked together since the valley was developed to maintain the prime agricultural land. She discussed a study done by the Agriculture Support Program (1994) and recently updated in 1996. She petitioned the Council to thoroughly review this document. Ms. Honeycutt also urged the Council to leave prime land for the property owner. -. Larry Turner, 323 Noguera, said the Public Works Director's plans to solve the Cherry Avenue drainage problems met with his. approval so far. He said it is imperative to solve the drainage problems and prevent the flooding of homes in the area. 4 . . CITY COUNCIL MEETING OCTOBER 14, 1997 . Jim Dickens, 769 Branch Mill Road, representing the Dixson Ranch, agreed with Ms. Honeycutt's comments. He said at this time the City is considering taking 50 feet as an easement on the Dixson property and he would like to see some other alternatives. 9. CONSENT AGENDA It was moved by Runelsrrolley and the motion passed unanimously to approve Consent Agenda Items 9.a. through 9.j., with the recommended courses of action. 9.a. Cash Disbursement Ratification. Approved. 9.b. Statement of Investment Deposits. Received and Filed, 9.c. Minutes of City Council and City Council/Planning Commission Meetings of September 23 and October 1, 1997. Approved. 9.d. Authorization to Reject Bids for Copiers (Administration and Police Department) and Solicit New Bids Based on Modified Bid Specifications. Approved. 9.e. Award for Suggestion by Employee. Award approved. 9.f. Grand Avenue - Halcyon Road to Barnett Street, Project No. 60-70-90-96-7, Progress P~yment No.3 to Whitaker Contractors, Inc. Approved. 9.g. Award of Bid for Creekside Pedestrian Path Concept Plan. Bid awarded to RRM Design Group. 9.h. Authorization to Solicit Bids for Tennis Court Resurfacing, Project No. 90-97- 3. Approved. 9.i. Approval of ADA Transition Plan. Approved. 9.j. Approval of Tow Service Bid. Low bid for towing service awarded to Kautz Towing of Grover Beach. 10.A. GENERAL PLAN UPDATE - APPROVAL OF AMENDED SCOPE OF WORK. BUDGET. CONSULTANT CONTRACT. AND POLICY FOR GENERAL' PLAN AMENDMENTS Associate Planner Elder listed the events that have taken place since July, 1997, when ENVICOM Corporation was awarded the bid to prepare the General Plan Update. She discussed the budget for ENVICOM, which included the amended items, and stated the recommended policy for General Plan Amendments requ.ests submitted during, the Update. She said the Fredericks Specific 5 . . CITY COUNCIL MEETING OCTOBER 14, 1997 . Plan/General Plan Amendment, etc. (Arroyo Linda Crossroads), Berry Gardens Specific Plan/General Plan Amendment (Kawaoka property), and James Way Annexation/General Plan Amendment are not included in the policy. Mr. Page applauded the City's efforts and said the Council should participate at various times as the plan progresses (such as when policy decisions are made). After questions and comments by Council Members, it was moved by FullerfTolley and the motion passed unanimously to approve the following staff recommendations: 1. Approve a contract in the amount of $286,876 with ENVICOM CORPORATION for the General Plan Update with an amended scope of work and budget to address issues raised in public scoping meetings. 2. Approve a budget appropriation of $119,800 from Fund 23, Traffic Circulation, and an appropriation of $13,100 from the General Fund. 3. Approve a policy to require all General Plan Amendments received subsequent to November 14, 1997 be included in the General Plan Update. 10.B. SEWER HOOKUP AMNESTY PROGRAM Public Works Director Wallace said on June 24th Council considered a request for reduction of sewer hookup fees for a property located at 1116 Farroll Avenue. He said the property fronted on a sewer but, with City knowledge, remained on a septic tank for many years after the sewer was constructed. He said the Municipal and Uniform Plumbing Codes require properties to connect to the sewer within 24 months after it becomes available. He said the Council acted only to impose sewer hookup fees that were in effect at the time the property was developed. He said based on current research, staff has determined that there. are four properties not connected that are required to be connected. He said staff recommended notifications be sent to those property owners to connect into the sewer within the next 120 days and that the connection fees be paid at the amount that would have been imposed at the time of construction (fees will vary from an estimated $1,245 to $3,500). He said these reductions are based on uncertainty as to the circumstances of the postponed connections. He said if the fees are not paid and the sewer connection not made within 120 days, action would be initiated to ensure connection to the system is made and current connection fees imposed. He submitted a' press release for Council approval advising any property owners and residents of potential eligibility for the sewer amnesty program. It was moved by Runels/Lady and the motion passed unanimously to approve the proposed program for mitigating hookup fees for previously developed properties that are now required to connect to an available sewer. 6 CITY COUNCil MEETING ' OCTOBER 14, 1997 11,A. REQUEST FROM SATURN OF SANTA MARIA TO INSTAll A BASKETBAll COURT AT STROTHER PARK Interim Parks and Recreation Director Fibich said Mr, Cusack, who lives at 1155 Yard Loomis Lane adjacent to the park and is an owner of Saturn of Santa Maria, approached staff several months ago with a verbal proposal to build a concrete day-use basketball court in Strother Park. Mr. Fibich said Saturn would design and build the court, then dedicate it to the City. He said installation of this day-use basketball court would enhance the park's use at a minimal cost to the City and might encourage other businesses to participate in future City park development. He said the Parks and Recreation Commission had approved the project. Mr. Cusack explained his project to the Council and he and Mr. Perrin answered Council questions. Mayor Dougall said the Parks and Recreation Commission would be investigating the ramifications and recommending a policy for using commercial logos or plaques on public property. It was moved by Fuller/Runels and the motion passed unanimously to approve the recommendation of the Parks and Recreation Commission to authorize Saturn of Santa Maria to begin engineering and design of a day-us~ basketball court at Strother Park; authorize construction of the court once the engineering and design are complete; allow use of the company's logo on the court surface, and authorize video taping of the project's progress for use in promoting future civic partnerships. 11,8, WATER FOR GRADING OPERATIONS - CCTC PROJECT Public Works Director Wallace said it is estimated that the maximum construction water needed for the Central Coast Town Center project will be 200,000 gallons per day equating to six water trucks each hour for 6 to 18 weeks going to and from the site to obtain water from the City's nonpotable supply at the Soto Drainage Basin. He said in order to alleviate truck traffic, reduce wear and tear in City streets, and reduce traffic safety concerns, it would be appropriate to consider other arrangements for an on-site water supply. He also said a large c:lmount of water is being released fro~ Lopez Lake and there is no shortage of potable water available. He said Council may want to reconsider its policy to use. only non-potable water on construction projects. Council Member Tolley said he had a potential conflict of iflterest in ~his matter and would not take part in the discussion or voting. 7 . . 437 CITY COUNCIL MEETING OCTOBER 14,1997 - After Council questions and comments, it was moved by Runels/Lady and the motion passed unanimously to authorize the use of potable water for grading . operations for the Central Coast Town Center (CCTC) project. 11,C, URBAN STATE HIGHWAY ACCOUNT (SHA) PROGRAM OF PROJECTS Associate Engineer Peterson said in August the San Luis Obispo Council of Governments Board approved policies, guidelines, and funding targets for the SHAlSTP program and distributed funding applications to local jurisdictions requesting applications be submitted by October 15th. She said SLOCOG staff has indicated that local jurisdictions may program an annual apportionment of their Urban SHA funds, or they may program a one-time apportionment during any of the six years. She said the Urban SHA/STP program is a reimbursement program in which funds are received by the local jurisdictions based on actual expenditures. She referred to a table showing a six-year program of projects being recommended by staff. It was moved by Lady/Runels and the motion passed unanimously to (1) adopt the Urban State Highway Account (SHA) program of projects and (2) direct staff to forward a letter and funding applications to the San Luis Obispo Council of Governments (SLOCOG). 11,D. PAVEMENT MANAGEMENT SYSTEM (PMS) PLAN Associate Engineer Beard said staff prepared a 20-year pavement management system plan for existing streets within the City. She said the goal of any pavement management system plan is to provide safe and comfortable roads for the best value possible. She said the ability to define funding needs for the present situation and project those needs into the future is the main benefit of a pavement management system plan. She explained how the Pavement Management System Plan was developed through the use of a computer program, including a field survey of the entire City. She said a maintenance schedule was established and an annual budget of $250,000 begins to improve the City's street system over 20 years. She said the money could include $200,000 from the General Fund and $50,000 from the Urban State Highway Account allocation. She discussed alternatives for funding a $500,000 budget option. She said the Long Range Planning Committee had recommended the appointment of a subcommittee to overview and investigate alternative funding sources for road update and maintenance, and make recommendations to the, City Council. After Council comments, it was moved by Tolley/Lady and the motion passed unanimously to (1) approve the Pavement Management System (PMS) Plan, (2) approve the annual funding option of $250,000, and (3) appoint Council Member Runels to serve on a subcommittee to investigate alternative funding sources for 8 "43'8 CITY COUNCIL MEETING OCTOBER 14, 1997 - . road repair and maintenance and make recommendations to the City Council on funding alternatives. 12. COUNCIL COMMUNICATIONS Council Member Runels said there will be a meeting on October 24th on the costs to make Lopez Dam seismically safe. Mayor Pro Tern Lady said he had asked staff to develop a clear City policy for. the future when there is a 2 to 2 split vote by the Council. With Council consensus, Mr. Hunt said a sample policy and procedure from the City of San Clemente will be revised and brought forward for Council discussion. Mayor Pro Tern Lady said Joe Rivera of Arroyo Grande had requested a place on the November 25th Council Agenda to discuss holding the Arroyo Grande Car Show in this City in 1998. He said the Car Show was cancelled in 1997, Mayor Dougall said other parts of the City should be used for the Car Show and not just the Village. Council Member Tolley said the League of California Cities Public Safety Committee, of which he is a member, had passed a resolutio.n to bring more control back to the cities concerning ambulance services. 13. STAFF COMMUNICATIONS None. 14, ADJOURNMENT It was moved by Lady/Fuller and the motion passed unanimously to adjourn the meeting at 9:28 p.m. ' ; R vfl -(1. ~ NANC~IS, CITY CLERK , 9