Minutes 1995-05-09
470
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, MAY 9, 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.
l. AND 2. FLAG SALUTE AijD INVOCATION
The Rotary Club of Arroyo Grande led the Pledge of .
Allegiance to our Flag, and the Rev. Jan Armstrong of First
presbyterian Church of Arroyo Grande delivered the invocation.
3. ROLL CALL
Present with Mayor Dougall were Council Members Drew Brandy,
Michael Fuller, Michael Lady and James Souza. Staff members
present were Interim City Manager Rick TerBorch, City Attorney ~-- ~
Roger Lyon, City Clerk Nancy Davis and Planning Director Doreen
Liberto-Blanck.
4. ORAL COMMUNICATIONS
Reverend Armstrong requested that the Council reconsider the
City ban on safe and sane fireworks. He said a lot of the joy
had been taken out of the Fourth of July because of the ban.
5. SPECIAL PRESENTATIONS
A proclamation honoring the "Fiftieth Year of Service,
Rotary Club of Arroyo Grande" was presented by Mayor Dougall to
L. E. Vandeveer, Chuck Richmond and Ed Glenwright, Rotarians.
6. CONSENT AGENDA
It was moved by Lady/Fuller, and the motion passed
unanimously to approve Consent Agenda Items 6.a. through 6. g. ,
with the recommended courses of action. Council Member Brandy,
who was absent at the Council meeting of April 25, 1995,
abstained on Item 6.a.
6.a. April 25, 1995, city Council Minutes. Approved.
6.b. May 3, 1995, Senior Advisory Commission Minutes.
Information.
6.c. April, 1995, Investment Report. Information.
6.d. Arroyo Grande population Change; 15,495 as of January 1,
1995. Information.
6.e. Clean-up Week; May 17 - 19, 1995. Information.
6.f. First Quarter, 1995, Departmental Monthly Reports.
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6.g. Liability Claim~ Linda Johnson, Thomas C. Johnson, Rosario
Starkey, Alver Starkey, Yvonne Starkey. Council voted to reject
the claim.
After an explanation concerning Item 6.h., it was moved by
Lady/Brandy to approve Resolution No. 3073 Adopting a Tax
Proceeds Expenditure Appropriation Limit for Fiscal Year 1995-
1996, with Council Members Lady, Brandy, Fuller, Souza and Mayor
Dougall all voting aye.
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7. REGISTER OF CHECKS
: It was moved by Souza/Fuller, and the motion passed
unanimously to approve Cash Disbursements in the amount of
$419,548.38, as listed in the May 4, 1995, staff report,of
Finance Director David Bacon.
8.A. REPORT ON THE SWINGING BRIDGE
Mr. TerBorch said the anchors and cables for the bridge have
been installed and the wood is at the contractor's yard. He said
the construction is within the contract time frame, and there is
a chance that the bridge could be finished before the May 27,
1995, Strawberry Festival in the city.
JOHN CLARK of the Village Merchants Improvement Association
said he would be meeting with the contractor to see if financial
incentive can be provided to complete the bridge early.
8.B. DIRECTION TO COUNCIL OF GOVERNMENTS' AND AIR POLLUTION
CONTROL BOARD'S REPRESENTAT~VES CONCERNING RULE 901. THE
"SUPERVOTE" PROVISION IN THE COG JOINT POWERS AGREEMENT. AND THE
NEW SLORTA FUNDING FORMULAS
Council Members began a discussion of Rule 901, an employer-
based trip reduction rule designed to reduce drive alone employee
commute trips at larger worksites.
Ron DeCarli, executive director of the San Luis Obispo
Council of Governments, referred to his May 1, 1995, letter to
the Interim city Manager and said that according to the adopted
congestion Management Plan for San Luis Obispo County, if Rule
901 is not adopted by the APCD, the COG will be faced with the
prospect of requiring each of its entities to adopt individual
ordinances that will accomplish the same aims. He said if
ordinances are not adopted, funding for projects could be lost.
He described adopting Rule 901 as Option A, and the entities
adopting their own ordinances as option B.
Bob Carr, Director of San Luis Obispo County Air Pollution
Control District, referred to his May 1, 1995, letter to the
Interim city Manager. He said that the cities adopting their own
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ordinances to accomplish trip reduction programs (Option B) would
not be very different from adopting Rule 901 because after two
years of minimum effort if average vehicle ridership goals are
not achieved, additional requirements kick in. He described an
incentive called the Trip Reduction Credit Market, whereby
employers who exceeded their trip reduction goals could market
their excess credits to other employers.
Mr. TerBorch said if option B was chosen, the city would
have to hire staff to implement the program and that could cost
$60,000 to $70,000.
Council Member Lady said he supported option A because it
would not have a very significant impact on Arroyo Grande, the
city is not in a position to regulate itself and air has no
boundaries. Council Member Fuller said he is looking for other
options, and wanted to know if the city would lose funding. "-
After further discussion, Council direction to Council
Member Fuller was to base his vote on the information he receives
at the next APCD meeting, keeping in mind the City's lack of
financial resources, to implement its own plan.
Council Members discussed the COG "Supervote," which is the
requirement for 8 affirmative votes to take an action that may be
requested by any member agency. Council Member Lady said it
appears that the "Supervote" has not been abused and that it can
protect the small cities on the COG. He said it had been used
lately in connection with the controversial Highway 41
reconstruction. There were questions about options to the
"Supervote," and Fourth District Supervisor Ruth Brackett gave
the Council background on it. She also said it had been used six
times in the last few months, and the potential for abuse is
high. She said the COG Joint Powers Agreement language on the
"Supervote" needs to be changed to clarify agency versus
individual voting.
Council Member Souza said he supported Council Member Lady's
position. Mayor Dougall and Council Member Brandy said the JPA
language should be clarified as Supervisor Brackett suggested.
Council Member Fuller said he would not like to see the
"Supervote" used as a tool for personal gain. After further
Council discussion, Mayor Dougall said he felt the direction to
council Member Lady should be to support retention of the
"Supervote."
The San Luis Obispo Regional Transportation Agency (SLORTA)
funding formula was discussed. Mr. DeCarli referred to his April
10, 1995, letter to the Interim City Manager, and said that the
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SLOCOG had directed its staff to forward a new regional transit
funding formula to all the jurisdictions for discussion. He said
the purpose of the new formula was to (1) provide relief to city
SLORTA JPA members by reducing or minimizing their overall TDA
contributions to the Regional Transit Authority, and (2) to
provide route planners with flexibility needed to reduce or
eliminate inefficient routes, and/or modify routes that have a
potential for increased ridership.
Council Members discussed the matter and preferred'the
funding formula that allocates 49 percent of the cost of regional
i transit to the county; 18 percent to the city of San Luis Obispo,
and the balance, divided among the remaining cities, based on
population.
- 8.C. DISCUSSIO~/DIRECTION FROM COUNCIL REGARDING LAFCO
Mr. TerBorch referred to the Planning Director's April 25,
1995, staff report, and said since the staff report was written
the city had been approached by representatives of other entities
wanting to discuss the recent rules LAFCO has been making.
Ms. Liberto-Blanck said there are two issues that some of
the cities have had concerns about - whether LAFCO can require
extensive environmental review on Sphere of Influence amendment
requests, and the change of standards and additional information
LAFCO is requiring as part of a Sphere of Influence amendment
request.
Byron Briley, a member of the LAFCO board representing a
special district, spoke to the Council. Mr. Briley said it was
his belief that the Sphere of Influence line is just a planning
line set up by LAFCO for a City to know in which direction it
should seek to pursue annexations, and that it is just a
directional arrow on the road leading to possible annexation.
Fred Strong, a land-use consultant, said he concurred with
Mr. Briley and submitted a formal presentation and letter to
LAFCO. He said prezoning is a requirement LAFCO should only use
on annexation. He said it is questionable in the minds of some
taxpayers as to whether city money should be expended to look
into services or extended city activity in an area that is beyond
its plan.
Mayor Dougall said he attended the LAFCO meeting and was
dismayed by the commission's actions. Council Member Fuller said
LAFCO was way out of line. city Attorney Lyon said he believed
that there should have been an environmental review of the change
in LAFCO standards with regard to sphere of influence amendments,
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because the change could lead to discouraging annexation. He
also said there is a question as to who should have control over
the preparation of the environmental documentation.
Mike Frederick, owner of the property south of the City that
is the subject of the Sphere of Influence Amendment, asked the
Council to take action to oppose the new LAFCO standards of
evaluation.
After further Council discussion, it was decided tnat Arroyo
Grande would oppose the new standards in conjunction with the
other entities in a two-step process. Mr. Lyon suggested that
Arroyo Grande first confer with the other cities and protest the
change in standards of evaluation through correspondence with
LAFCO. He said if that does not work, an opinion could be
requested of the State Attorney General. Mayor Dougall asked him
also to pursue the environmental review matter~
Mr. strong referred to the California Environmental Quality
Act section 15051, Sub-section 2, and read, "Where a city
prezones an area, the City will be the appropriate lead agency
for any subsequent annexation of the area and should prepare the
appropriate environmental document at the time of the prezoning.
The Local Agency Formation Commission shall act as a responsible
agency."
8.0. QISCUSSION/DIRECTION FROM COUNCIL R~GARDING THE MEMORANDUM
OF UND~RSTANDING (MOU) FOR THE COUNTYWIDE COMMUNITY ACCESS
PLANNING CONSORTIUM
Mr. TerBorch said the Memorandum of Understanding on the
Consortium for community Media includes funding for only the
initial phase of the plan, and stipulates that any additional
actions would require the consortium to come back to the Council
for approval for additional funding. He said if the city does
not want to participate further, it could drop out.
It was moved by Lady/Brandy, and the motion passed
unanimously to authorize the signing of the Memorandum of
Understanding of the Consortium for community Media.
~ .A. DISCUSSION/DIRECTION FROM COUNCIL REGARDING THE CITYWIDE
CURBSIDE RECYCLING COLL~CTION AGREEMENT: AGR~EMENT ~ERMINATES
JUNE 30, 1995
Mr. TerBorch said the Curbside Recycling Collection
Agreement expires June 30, 1995. He said the Council could
extend the agreement, or go out to bid on a new contract. He
said if the Council decides to go out to bid, it should extend
the current contract for three months so the new City Manager
could come on board and handle the matter.
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council Member Brandy asked if there had been any complaints
about the service. Mr. TerBorch said no more than any other
franchise.
Council Member Lady said he was proud of Ralcco's
accomplishments and level of service, and would like to see the
contract extended for at least one year. Mr. TerBorch said
Council would need to direct staff to come back with an
agreement.
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Council Member Souza said Ralcco employs 50 local people.
steve ASlanidis, Ralcco owner, said he employs 50 people living
in an area from Cambria to Santa Maria.
council Member Fuller said he had not had a chance to
investigate Ralcco's record and asked if its responsibilities
were met. He suggested that the agreement be extended three to
six months until the new City Manager is on board. Mr. TerBorch
said Ralcco had met the provisions and performed according to the
contract. Council Member Brandy asked how he would know that
Ralcco is competitive in the marketplace.
Mr. Aslanidis said Ralcco offers the most comprehensive
recycling program, and compared the costs in other nearby cities
with the costs in Arroyo Grande, as follows:
Morro Bay - $5.50 per home per month
San Luis Obispo - $3.80 per home per month
Arroyo Grande - $.50 per home per month (he said that had been
the rate for three years)
Mayor Dougall said the Morro Bay program was special in that
the city was employing high school students. Mr. Aslanidis said
he employs developmentally disabled people, students and senior
citizens.
Mayor Dougall said if the multi-use places dispose of four
times the recyclable materials as curbside does, how is Ralcco
doing with picking up recyclables from commercial people. Mr.
Aslanidis said his company provides them with any level of
service they require. Mayor Dougall said there is a list of 360
commercial people in the City, and he had never seen a list of
how many Ralcco is servicing. Mr. Aslanidis said the list exists
and he could provide it. Mayor Dougall asked how much had been
spent on education, and said there are a number of things he
would like to have some checks and balances on. He recommended
extending the contract for three months so Ralcco could respond
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to some of the Council's questions, and then perhaps going out to
bid. He said he would like some of the full dumpsters he sees
every day with recyclable materials unloaded so they did not go
to the landfill. Mr. Aslanidis said Ralcco had been successful
in keeping 200 garbage truckloads of materials from going to the
landfill last year. Mayor Dougall said those services are
offered by other people as well.
Council Member Souza said recycling is a personal
responsibility...people just need to do it. He said he 'would
like to see a three-year contract.
Council Member Lady moved that staff be directed to bring a
three-year contract back for Council approval. Council ,Member
Brandy said he would like to have Ralcco answer the Mayor's
concerns and incorporate into the contract more leverage for the
city to require commercial recycling. Council. Member Souza said '--
the awareness is out there, and the City is getting an excellent
deal.
The vote was called for, and voting in favor of the motion
were council Members Lady, Souza, Brandy and Fuller. Mayor
Dougall voted no.
10. WRITTEN COMMUNICATIONS
None.
11. ORAL COMMUNICATIONS
Mr. TerBorch reported that he had been attending
governmental meetings in Sacramento, and that it appears that the
city will not be losing funding to the State this year.
12. CLOSED SESSION
It was moved by Souza/Fuller, and the motion passed
unanimously to adjourn to a Closed Session at 9:30 P.M. on the
following:
(a) Conference with Labor Negotiator:Government Code Sec. 54957.6
Agency Negotiator: Rick TerBorch, Interim city Manager
Represented Units: Service Employees' International Union
(SEIU) Local 917; and Arroyo Grande Police
Officers' Association (AGPOA)
(b) Public Employment: City Manager,Government Code Sec. 54957
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(c) Conference with Legal Counsel:Government Code Sec. 54957.9(a)
Existing Litigation: vie Pace Construction Co., Inc. , et ale
v. city of Arroyo Grande, et al.
San Luis Obispo County Superior Court
No. CV 60060
(d) Conference with Legal Counsel:Government code Sec. 54956.9(a)
Existing Litigation: Coker Ellsworth, et ale v. City of
Arroyo Grande, et ale San Luis Obispo
county Superior Court No. CV 6tJ739
Second Appellate No. B083514
13. ADJOURNMENT
The Council reconvened at 10:00 P.M. and City Attorney Lyon,
pursuant to the Brown Act, announced action taken on items 12.C.
I -- and 12.D. He said the action of the council was by motion of
, Council Member Fuller, seconded by Council Souza, and approved
the City entering into a settlement agreement, which will be
entered into the record by the city Clerk. He said the substance
i of the agreement is that the pending lawsuits that were subjects
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I of the Closed Session will be consolidated. He said the
stipulation provides for the entry of a judgement in the
I consolidated action, which in substance will provide that the
zoning and General Plan designation for the property in place in
1985 will be restored to the property by the judgement. He said
the property owners (the plaintiffs) will have an opportunity for
a two year period to make an application for development,
pursuant to that 1985 zoning and General Plan designation,
without during that time being subject to amendments to the
zoning and General Plan to the property. He said the agreement
also provides that the City also will process an application for
a specific development proposal including a rezoning request and
a request for a development agreement, but that the city's
agreement to process these applications and the request for a
development agreement shall not be construed as a promise or
commitment to approve any specific development proposal, it being
understood by the parties that any such proposal is subject to
public hearings and all applicable legal requirements prior to
final action by the City Council. He said the agreement further
provides for dismissal of any damage claims against the City in
conjunction with either of the two lawsuits and also provides
that alternatively to submitting an application pursuant to the
1985 zoning and General Plan, the plaintiffs can proceed with the
parcel map for a four-way lot split that had been previously
approved, and the details of that are set forth in the settlement
agreement. He said the motion was passed unanimously by the
Council. He said there was no other action taken by the Council
on the Closed Session.
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The council adjourned the meeting at 10:03 P.M., on the
unanimously approved motion of Brandy/Lady.
ATTEST: 71~a. ~ . .
NANCY A. AVIS, CITY CLERK
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