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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. 1 . , 471 CITY COUNCIL MINUTES MAY 9, 1995 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. . 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 , '1 2 t . t i -- 472 CITY COUNCIL MINUTES MAY 9, 1995 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 3 . 473 CITY COUNCIL MINUTES MAY 9, 1995 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, 4 ''-'.- 474 CITY COUNCIL MINUTES MAY 9, 1995 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. 5 . 475 CITY COUNCIL MINUTES MAY 9, 1995 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. '. 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 6 ~ 476 CITY COUNCIL MINUTES MAY 9, 1995 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 7 ! . . 477 I CITY COUNCIL MINUTES I , I MAY 9, 1995 I (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 i 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. i 8 I I , I \ \ ',-;: 478 CITY COUNCIL MINUTES MAY 9, 1995 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 9