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Minutes 1995-03-28 '4'36, MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 28, 1995 CITY 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 JEFF SACH of the Arroyo Grande Police Department Explorer Post led the Pledge of Allegiance to our Flag, and the Rev. James Wickstrom of Berean Bible Church delivered the invocation. 3 . ROLL CALL Present with Mayor Dougall were Council Members Drew Brandy, Michael Fuller, Michael Lady and James Souza. Staff members , I present were Interim city Manager Rick TerBorch, City Attorney '-./ Roger Lyon, City Clerk Nancy Davis, Director of Building and Fire Kurt Latipow, Interim Public Works Director John Wallace, Parks and Recreation Director John Keisler, Finance Director David Bacon, Current Planner Scott spierling and Recreation Supervisor Brenda Barrow. 4. ORAL COMMUNICATIONS ALTON JONES of 1189 Flora Road said the environmental laws have become too extreme and the City should be vigilant to keep extremists off the City staff. JEFF PURCHIN of Five cities Swim Club invited the city Council and the public to a groundbreaking for a new swimming pool at 425 Traffic Way at 9:30 A.M. Saturday, April 1, 1995. SCOTT BAKSIC of the Surf riders Foundation said his organization is concerned with water quality, and 90 percent of ocean pollution is from land runoff. He proposed painting stencils on the City's storm drains saying "No Dumping - Drains to Ocean." 5. SPECIAL PRESENTATION Mayor Dougall presented certificates of Commendation and Monetary Awards to city Employees David Glenn, shirley Payne and Mr. spierling, as part of the Employees suggestion Awards Program. Mr. spierling received a check for $25 for suggesting that bicycle racks, for use by the public and city employees, be installed in safe locations at city buildings. Mr. Glenn received a check for $50 for suggesting the use of 1 - 437 CITY COUNCIL MINUTES MARCH 28, 1995 a tool he made to install bumper blocks in city parking lots, :e~uc~ng installation time and helping prevent employee back l.n)ur1.es. Ms. Payne, whose check of $32 was accepted on her behalf by Mr. Keisler, received her extra one-year monetary award, over and above the award she received last year for suggesting the installation of less expensive gas wall heaters at the Elm Street Community Building. 6. CONSENT AGENDA It was moved by Souza/Lady, and the motion passed unanimously to approve Consent Agenda Items 6.a. through 6.e and 6.g. , with the recommended courses of action. -- 6.a. Proclamation, "Month of the Child," April, 1995~ and "Day of the child," April 8, 1995 Mayor Dougall read the proclamations. Ms. Barrow and Colleen Kramer, member of the Community Partners in Child Care executive committee, showed a poster and described the events during the Month of the Child. Dominique and Danielle of the Harloe School Children in Motion program gave Council Members lapel ribbons to wear during the month. 6.b. March 14, 1995, city council Minutes. Approved. 6.c. Addition to Minutes of February 28, 1995. Approved. 6. d. Letter of Resignation from Robert C. Burt, Parks and Recreation Commissioner. Accepted with regrets. 6.e. Contract for a Traffic Study Update for the Proposed Vons Shopping Center Located at 1650 Grand Avenue. Approved and Interim city Manager authorized to sign. 6. g. Application for Project Award Under Title III B Funds of the Older Americans Act - Senior Dial-A-Ride Taxi Program. Approved. 6.f. Tentative Tract Map 2160~ 305 Alder Street~ Water Neutralization Proposal~ (Hunstad) council Member Brandy said he was concerned that home owners might remove the water saving devices and the City will not be getting the water neutralization as proposed. Mr. Wallace said most people would like the savings they realize on their water bills. Council Member Brandy said perhaps the City should ask for more water savings than needed at first. Mr. Wallace agreed and said the water neutralization plan will be part of the Long 2 4'38' CITY COUNCIL MINUTES MARCH 28, 1995 Range Planning Report update. Council Member Souza suggested that the City establish a list of volunteers who want to participate in the water neutralization program. It was moved by Brandy/Souza, and the motion passed unanimously to approve Consent Agenda Item G.f., with the recommended course of action. 7. REGISTER OF CHECKS It was moved by Lady/Fuller, and the motion passed unanimously to approve Cash Disbursements in the amount of $322,494.99, as listed in the March 22, 1995, staff report of Finance Director Bacon. 8. PUBLIC HEARING - APPEAL OF SECTION 3-2.502 OF THE MUNICIPAL CODE. TRAFFIC SIGNALIZATION FEE FOR CONSTRUCTION OF A 2.300 SOUARE FOOT MINI-MART AND GAS STATION WITH A 900 SOUARE FOOT - OFFICE: 525 TRAFFIC WAY: KHATCHIK H. ACHADJIAN Mr. TerBorch referred to Mr. Wallace's March 24, 1995, staff report in which he recommended that the appeal to the calculation of traffic signalization fees be partially upheld. 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. JIM MCGILLIS, representing Mr. Achadjian, spoke to the Council in support of the appeal. He said the appellant had already agreed to pay for realigning and landscaping part of the City street. He said Mr. Achadjian had agreed to $11,831.50 in costs and was now being asked to pay a Traffic Signalization Fee of $19,000.00. Mr. Achadjian, 222 Grand Avenue, listed the fees connected with his project. He said the proposed food mart and private office space should not create extra traffic. He said there was a repair shop at the previous station, and his would not add any extra traffic. He discussed the reasons he is required to stay open 24 hours per day and said he loses money on the graveyard hours. He said he was constructing a building that would be an improvement to the entrance of the city. When no one further came forward to speak, Mayor Dougall closed the hearing to the floor. Mr. TerBorch said the City has an ordinance that it has to follow. He said staff did what the ordinance requires by law. 3 -- 439 CITY COUNCIL MINUTES MARCH 28, 1995 Council Members discussed the appeal and concluded that this was a replacement project, there would be no significant increase in traffic and fees should be waived. They said the Traffic Signalization Fee Ordinance should be studied and reevaluated by staff. It was moved by Lady/Fuller (5-0-0, Lady, Fuller, Souza, Brandy and Dougall voting aye) to uphold the appeal and waive Traffic Signalization fees because the new station would not cause traffic to increase on Traffic Way. Waiving the appeal fee was discussed by the Council, but Mr. Achadjian said to consider it a donation to the City. Council Members directed staff to reevaluate the Traffic Signalization Fee Ordinance and map, and report back. 9.a. REPORT ON SWINGING BRIDGE: CONSIDERATION OF ~WARDING BID TO REPLACE THE BRIDGE (CONTINUED FROM COUNCIL MEETING OF >>ARCH 14, 1995) Mr. Wallace said no official notification of reimbursement for repair of the bridge has been received from either the Federal Emergency Management Administration or the State Office of Emergency Services. He suggested that the City Council could go ahead and award the contract for bridge repair contingent on receiving official notice from FEMA and OES. Council Member Brandy asked if donations so far collected could be used as a bonus for the contractor if he can finish the bridge in time for the Strawberry Festival. Council Member Lady said he liked that thinking. JOHN CLARK, who represents the Village Merchants Association, said he would consult with his group on this matter. It was moved by Lady/Brandy, and the motion passed unanimously to award the bid for the reconstruction of the Swinging Bridge to Vernon Edwards Constructors, contingent on the receipt of sufficient notification of reimbursement from FEMA and OES, and if it is the will of the Village Merchants Improvement Association, use donations collected as a bonus for finishing the work in time for the Strawberry Festival. Council Member Souza said he would like to have a figure in mind, and Mr. Clark said probably 10 percent of the bid. The city Attorney clarified the motion by saying the Council was delegating the decision, as to whether or not there are adequate assurances of reimbursement, to the city Manager in 4 4'4 O' CITY COUNCIL MINUTES MARCH 28, 1995 consultation with the city Engineer and the City Attorney. He said as far as the bonus, the Council was again delegating to the city Manager the power to negotiate an incentive with the contractor if there is a donation. Council Member Lady said that incentive would be at the will of the Village Merchants Improvement Association and not come out of City funds. 9.B. UPDATE ON GENERAL FUND REVENUES AND EXPENDITURES: FINANCE DIRECTOR Mr. Bacon referred to his March 16, 1995, staff report and said projections to June 30, 1995, continue to look promising: expenditures in the General Fund are no more than budget, while revenues are running at a rate above his estimates for the year. He discussed General Fund Revenues, General Fund Expenditures and Subsidy Net Transfers to other Funds Through February. He said Projected operating Reserves, June 30, 1995, are $417,749, and Separate contingency Reserves are $250,000. - 10.A. APPOINTMENT OF SANFORD (SANDY) LUBIN TO THE PARKS AND RECREATION COMMISSION: TERM EXPIRES JUNE 30, 1995 Mayor Dougall nominated Sanford Lubin to the Parks and Recreation Commission, and Council Member Souza seconded the nomination. Council Members unanimously approved the nomination. Mr. Lubin was introduced from the audience. 10.B. PROPOSAL TO AMEND REOUIREMENT FOR CONDITIONS OF USE: TRACT 1158: OAK PARK VILLAS: REGARDING MAINTENANCE OF THE GREENBELT: THOMAS THOMPSON. PRESIDENT: OAK PARK HOMEOWNERS ASSOCIATION Council Member Souza said he may have a conflict of interest on this matter and left the room. Mr. TerBorch said the greenbelt is located on Oak Park Boulevard, and although owned by the City, it was conditioned as part of the subdivision that it be maintained by the homeowners located in the subdivision. He said the City two years ago put a well on this property, and the homeowners are once again requesting that the city take over maintenance of the greenbelt. He said the homeowners currently pay $60.00 a year to cover the expenses for a landscape gardener, water and electricity as well as any other expenses to maintain it. He said the association is proposing to pay the yearly fee to the City, which would then pay a landscape gardener and for the electricity. He recommended the Council approve the request. THOMAS THOMPSON, president of the Oak Park Home Owners Association, said there are excess monies in reserve that would be transferred by the homeowners association to the City to be used in the future for any increase in expenses. 5 . 441 CITY COUNCIL MINUTES MARCH 28, 1995 The city Attorney said that Council could approve of the concept by motion to direct staff to come back with the appropriate documentation. He said it may be necessary to have a public hearing to amend the conditions of approval on the tract. It was moved by Brandy/Lady, and the motion passed (Brandy, Lady, Fuller and Dougall voting aye, Souza absent) to amend the requirements for conditions. Council Member Souza returned to the dais. lO.C. CREDIT FOR BRISCO ROAD INTERCHANGE TRAFFIC ANALYSIS Mr. spierling referred to the March 28, 1995, staff report of the Planning Director, who recommended that the Council determine whether the City should enter into an agreement with ottse to give credit (per section 3-2.505 of the city's Transportation Facilities Development Impact Fees) for advancing funds to the City to prepare a traffic analysis of the Brisco Road Interchange. Mr. Spierling said if the Council approves this proposal, staff would return with a reimbursement agreement. DARREN SHETLER, representing Ottse, Inc. owner of Rancho Grande, spoke to the Council. He said in the past traffic analyses have been the responsibility of developers, but development would be encouraged if the property owners and the city would go ahead with the study to determine impacts and costs. The city Attorney said ottse would fund the entire cost of study of the potential impacts at the Brisco Road Interchange, and then in the future get credit and reimbursement when the developers pay their traffic mitigation fees. He said it would encourage or send a message to developers that the City is interested in getting the planning work done now. Mr. TerBorch said it sends a business pro-active message to developers. Council Members agreed. Mayor Dougall asked what would be included in the Brisco Road Interchange study. Mr. Spierling said the study will look at the Brisco Road area, Rancho Parkway and West Branch street and how they tie into the larger picture. It was moved by Souza/Fuller, and the motion passed unanimously to direct staff to work with Ottse, Inc. and Shetler Construction on the credit for Brisco Road Interchange Traffic Analysis. The City Attorney said staff will bring the agreement back to the Council for approval. 6 4'4 ~. CITY COUNCIL MINUTES MARCH 28, 1995 10.0. HONEYWELL MUNICIPAL SERVICES PROGRAM Chief Latipow referred to his March 6, 1995, staff report on the proposed Honeywell Municipal Services Program. He recommended that the Council receive public testimony and authorize Honeywell, Inc. to initiate the program and authorize the Interim City Manager to execute the necessary documents. He said the plan would be to ask Honeywell to analyze City buildings to see if heating, ventilation and air conditioning, lighting and controls, irrigation equipment and electric motors/pumps with their associated control equipment for all city-owned buildings and utilities could be repaired or upgraded so that they would operate in a more efficient and cost-effective manner. He said Honeywell guarantees savings in writing. He credited MARY BASSETT, a City employee, and BOB FERNAMBURG, an employee of Lucia Mar Unified School District, for suggesting the Honeywell program. KEN CASEY of Honeywell was in the audience and answered Council questions. After Council discussion, it was moved by Souza/Brandy, and the motion passed unanimously to authorize the Interim city Manager to execute the necessary agreement with Honeywell. 11. REPORTS FROM VARIOUS COMMITTEES 1. South San Luis Obispo County Sanitation District. Mayor Dougall said the plant ran very well through the storm when there was a lot of water. He said the district is working with U.S. Dryers to take care of the bio-solids. He said negotiation is still going on with Grover Beach, a potential district member. 2. and 3. South County Area Transit (SCAT) and Council of Governments (COG). Council Member Lady said the COG met recently in Atascadero to discuss realignment of Highway 41, which was damaged in the recent storms. He said no direction was given to Caltrans on this matter because a "super vote" was imposed. He said Alternate A will probably pass, even though he opposes the project. 4. Integrated Waste Management Authority (IWMA) Board Council Member Fuller said the board has hired the new manager, is setting priorities for programs, and will be holding a budget workshop on March 29, 1995. 5. and 6. Zone 3 Water Advisory Committee and County Water Resources Advisory Committee Council Member Brandy said Lake Lopez was 89 percent full, 7 . I 443 CITY COUNCIL MINUTES MARCH 28, 1995 and the State is letting it continue to fill. He said no water was released during the storms so as not to increase flooding. He said the water release pipe from the dam may be extended 1700 feet downstream in order to take the pressure off a seismically weak spot in the dam when water is released. He said there is a court action being taken concerning release of water into Arroyo Grande Creek. 7. Long-Range Plan Update Committee No Report. 8. Chamber of Commerce Economic Development Committee Council Member Souza referred to a survey of businesses taken by the City and the Chamber of Commerce. He said the results show the business climate and attitude of businesses toward the city has improved. He said the Strategic Planning Session held two years ago will be revisited by the committee. He said teams may be developed to attract new business and keep old businesses in the city. 9. Coordinated Agriculture Support Program (CASP) No Report. 10. Air Pollution Control Board No Report. 12. WRITTEN COMMUNICATIONS None. 13. ORAL COMMUNICATIONS None. 14. CLOSED SESSION The city council adjourned at 9:51 P.M. to a Closed Session on the following: (a) Conference with Labor Negotiator: Government Code section 54957.6 Agency Negotiator: Rick TerBorch, Interim city Manager Represented units: Service Employees' International Union (SEIU) Local 817; and Arroyo Grande Police Officers' Association (AGPOA) 15. ADJOURNMENT The council reconvened at 10:20 P.M., and Mr. TerBorch reported that labor negotiations are continuing. On the 8 '-' 4-4 4~ CITY COUNCIL MINUTES MARCH 28, 1995 unanimously approved motion of Brandy/Souza, the Council immediately adjourned to Tuesday, April 4, 1995, 6:30 P.M., for a joint meeting with the Planning Commission. Q A. K. "PETE" DOUGALL MAYOR ATTEST: /l a.~ NANC~AVIS, CITY CLERK 9 -