Minutes 1997-11-12
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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
WEDNESDAY, NOVEMBER 12, 1997
CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, 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 INVOCA TION
Howard Ferguson, Arroyo Grande Fire Department Explorer Post leader, led the
Flag Salute. Pastor Paul Jones, retired, 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, City
Clerk Nancy A. Davis, Director of Financial Services Lynda Snodgrass, Director
of Community Development Doreen Liberto-Blanck, Public Works Director John
Wallace, and Associate Engineer Jill Peterson.
5, SPECIAL PRESENTATIONS
Mayor Dougall said the City had received a plaque from the Harvest Festival
Committee for its participation in the 60th annual Harvest Festival.
6, AGENDA REVIEW
City Manager Hunt said supplemental information on Agenda Items 7.a. and
10.a. was distributed to Council Members.
6.A. RESOLUTIONS AND ORDINANCES READ IN TITLE ONL Y
It was moved by LadyfTolley 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.
7,A. CONTINUED PUBLIC HEARING - APPROVAL OF THE FRANCHISE
AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND SOUTH
COUNTY SANITARY SERVICE. INC.
Mayor Dougall said he had been unfairly accused of having a conflict of interest
on this matter. He said he did not have a conflict of interest. He said his
daughter works for the San Luis Garbage Company, not the South County
Sanitary Service, that she is not a vice president of the company, and that she
does not contribute to his subsistence or welfare. He said his grandson works for
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the Cold Canyon Landfill and does not contribute to his subsistence or welfare.
He said he would vote on this issue as he would vote on any other issue.
City Manager Hunt said on October 14th, the City Council conducted a public
hearing to consider approval of a Franchise Agreement with South County
Sanitary Service. He said the Council decided to postpone any action on
approval of the Franchise Agreement for a two-week period to allow the Council
time to review the document. He said action was further postponed at the
request of the Sanitary Service. He said approval of the franchise with South
County Sanitary Service would increase the franchise fee resulting in an
approximate $4,500 annual increase in receipts.
Supplemental information was given to the Council from Nancy Ferrari, 316
South Halcyon Road, and J Johnson, President, Arroyo Grande Chamber of
Commerce, who both suggested the Council go out for bid on the Franchise.
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.
Speaking on behalf of awarding the franchise to the South County Sanitary
Service were Ken Hosier, Avila Beach; Charles Cattaneo, president of the
Sanitary Service; Mike Titus, 404 Lierly Lane, whose remarks were submitted for
the official record; Chris Huckabey, Chris Johns, and Tom Martin, comptroller for
South County Sanitary.
Steve McGrath of RALCCO Recycling said the Council should use a fair and
open competitive bidding process in awarding a franchise for collection of
garbage.
When no one further came forward to speak, Mayor Dougall closed the hearing
to the floor.
Council Members Tolley, Fuller, Runels, and Mayor Dougall said the three South
County cities had cooperated in developing the franchise agreement, that
competitive bidding isn't always the best way to select a vendor, that the cost of
conducting the bidding process would be $50,000, and that South County
Sanitary Service has provided good service.
Mayor Pro Tern Lady said the franchise agreement was a good one and there
has been good service but, on a ten-year multi-million dollar franchise, it would
be good business practice to go out to bid.
It was moved by Tolley/Fuller (4-1-0, Tolley, Fuller, Runels, and Dougall voting
aye and Lady voting no) to approve the Franchise Agreement between the City
of Arroyo Grande and the South County Sanitary Service.
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8. PUBLIC COMMENT PERIOD
Jim Dickens, 769 Branch Mill Road, representative of the Dixson Trust, spoke to
the Council about the proposed drainage project crossing his family's farmland.
He said he wanted to inform the Council that at no time had staff approached him
or his family to negotiate terms and conditions of the proposed drainage project.
He said they were never approached about the voluntary sale of their property.
He said he met with the Public Works Director last Thursday and began
negotiations. He distributed to the Council copies of draft temporary easement
agreement. He requested a clarification of the Eminent Domain Resolution and
how it affects the temporary easement.
9. CONSENT AGENDA
Council Member Tolley said he owned several two (corrected at January 13,
1998 meeting) properties near Rodeo Heights, which is referred to in Consent
Agenda Item 9.g., but that approval of the item would not affect him financially
and he would be voting.
It was moved by Runels/Lady and the motion passed unanimously to approve
Consent Agenda Items 9.a. through 9.g., with the recommended courses of
action.
9.a. Minutes of Regular City Council Meeting of October 14th. Approved.
9.b. Cash Disbursement Ratification. Approved.
9.c. Statement of Investment Deposits. Received and Filed.
9.d. Award of Bid for Street Seal-Coat Project No. 90-97-1. Staff
Recommendations Approved.
9.e. Award of Carpet Installation Bid to 4-Way Floors, Arroyo Grande. Approved.
9.f. Rejection of Claim - Scott and Patrice Johnson. Claim Rejected.
9.g. Award Contract to Impact Sciences, Inc. to Prepare the Rodeo Heights
Focused Environmental Impact Report. Mayor Authorized to Sign Contract.
10 A. APPOINT COMMUNITY REPRESENTATIVES FOR FISCAL IMPACT
ANALYSIS SUBCOMMITTEE
Community Development Director Liberto-Blanck said staff recommended the
Council appoint two community representatives to the Fiscal Impact Analysis
Subcommittee. She said during the October 1, 1997 joint meeting, the Council
and the Planning Commission agreed that a Fiscal Impact Analysis
Subcommittee should be established to formulate recommendations regarding
standard criteria that should be considered in preparing fiscal impact analysis
reports. She said fiscal impact analysis has been required on certain projects to
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determine the economic benefits to the City. She said there were responses
from interested individuals Jeanne L. Watkins, E.A.; Dr. Edward Gordon; Larry H.
Anderson; Boyd W. Horne; Dwayne Brummett, and Ron Hunts. Dr. Gordon. 272
Tempus Circle; Ms. Watkins, 118 N. Mason Street, and Mr. Anderson, 212 Ruth
Ann Way, spoke to the Council.
It was moved by Runels/Lady and the motion passed unanimously to appoint all
the applicants to the committee.
10,B, BRISCO ROAD-HALCYON ROAD/ROUTE 101 INTERCHANGE
AL TERNA TIVES ANALYSIS
Associate Engineer Peterson said staff recommended the Council receive and
file the report by Higgins Associates, Inc. and direct staff to return with a Request
for Proposal for the preparation of a Project Study Report for the Brisco Road-
Halcyon Road/Route 101 Interchange once funding is secured from the San Luis
Obispo Council of Governments.
Ms. Peterson said the Project Study Report is a scoping document that evaluates
several preliminary alternatives for roadway improvements and will identify a
"preferred alternative" in order to provide a funding amount for State and/or
Federal programming.
The Associate Engineer said Larry Hail of Higgins Associates was at the meeting
to answer questions.
After Council questions of staff and Mr. Hail, Mayor Dougall invited the public to
speak on the matter. Commenting on the matter were Howard Mankins, 200
Hillcrest Drive; Otis Page, 606 Myrtle Street, and Ms. Watkins.
Council Members said they supported the findings of the Higgins report. It was
moved by Lady/Runels and the motion passed unanimously to approve staff
recommendations.
11,A. FISCAL YEAR 1997/98 FIRST QUARTER BUDGET STATUS REPORT
Financial Services Director Snodgrass said staff recommended the Council
approve the budget adjustments and recommendations included in the First
Quarter Budget Status Report for Fiscal Year 1997/98. She said each year the
Council adopts a budget that commits resources to the accomplishment of its
policies. She said the purpose of the First Quarter budget review is to:
1. Provide a reconciliation of the expected and actual year-end General Fund
Balance for FY 1996/97
2. Recommend the re-appropriation of prior year budgets for services/products
that were begun but not completed as of June 30, 1997.
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3. Conduct a review of City funds to recommend budgetary changes to address
known budget deficiencies.
4. Identify budget changes that materially impact fund balances.
5. Comment on the significant budget trends that will impact financial planning.
Council Members expressed their approval of the quarterly report. Council
Member Tolley said several Policy Items that were important to him were the full-
time Building Department secretary, the full-time lead dispatcher for the Police
Department, and the Mechanic's Assistant.
It was moved by Runels/Fuller and the motion passed unanimously to' approve
the following Schedules A through F, included in First Quarter Budget Status
report that summarizes budget adjustments:
A. Unreserved Fund Balance-Control
B. Recommended Adjustments
C. Adjustments to Fund Balance
D. Unreserved Fund Balance-First Quarter Changes
E. Utility Users' Tax De-Escalation Calculation. The revised Utility Users' Tax
Rate was lowered to 2.74 percent.
F. Affect of Policy Items on Fund Balance. Policy Items included reclassifying a
part-time Senior Clerk Typist to full-time for the Building and Life Safety
Division, employing a Lead Support Service Technician, employing a part-
time Code Enforcement Officer (Contract), and creating a permanent, part-
time position in the Automotive Shop (Mechanic's Assistant).
11.B. AMENDING THE ARROYO GRANDE MUNICIPAL CODE RELATING TO
COUNCIL MEMBERS' SALARIES AND ESTABLISHMENT OF AN EXPENSE
ALLOWANCE
City Manager Hunt said staff recommended the Council introduce an ordinance
regarding Council Members' salaries for first reading; adopt a resolution
establishing a monthly expense allowance for the Council, and authorize an
appropriation of $2,250 from the General Fund Unreserved Fund Balance.
Mr. Hunt said the Government Code authorizes a not-to-exceed five percent
increase in the $300 a month Council salary for each year since establishment of
the $300 figure. He said a salary of $330 a month is recommended, but the
increase cannot be implemented until the new Council terms begin in November,
1998. He said expense allowances for Council Members are authorized by the
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Municipal Code and a figure of $75 was calculated based upon an averaging of
monthly expenses incurred by the Council in the performance of official duties.
He said if implemented, it is proposed the allowance be effective January, 1998.
Council Members Runels, Tolley, Lady, and Mayor Dougall said they approved of
the proposals. Council Member FUller said he did not feel comfortable voting to
increase his own salary.
It was moved by LadylTolley (4-1-0, Lady, Tolley, Runels, and Dougall voting aye
and Fuller voting no) to introduce for a first reading an Ordinance Establishing
Compensation for Council Members in Accordance with State Law.
It was moved by Runels/Lady (4-1-0, Runels, Lady, Tolley, and Dougall voting
aye and Fuller voting no) to adopt Resolution No. 3255 Determining Certain
Amounts Actually and Necessarily Expended by Council Members in the
Conduct of City Business and ordering Reimbursement Therefor.
It was moved by Tolley/Runels (4-1-0, Tolley, Runels, Lady, and Dougall voting
aye and Fuller voting no) to authorize an appropriation of $2,250 from the
General Fund Unreserved Fund balance.
11,C, CHANGES TO PERSONNEL REGULATIONS
Financial Services Director Snodgrass said occasionally the City has an
employee absent from work because of a work-related injury or illness. She said
the current practice is to use the existing work force to cover the vacant position,
often incurring significant overtime expenses. She said a separate classification,
called Overfill, is proposed for those situations when a position is vacant for an
extended period of time.
The Financial Services Director said a bank of 56 hours is needed for new
management employees in the case of illnesses or unexpected absences and
the hours could be made up by not allotting annual leave during the first three
months of employment.
Ms. Snodgrass said to equalize the benefits received between the management
and non-management employees, staff is recommending an addition to the
Personnel Regulations whereby one hour of Annual Leave may be converted to
one hour of sick leave for conversion purposes. She said when unused Annual
Leave is converted to sick leave, for a service credit conversion, an employee
may not receive additional cash compensation for the unused leave.
Ms. Snodgrass said staff recommended that the Council:
1. Authorize the establishment of Overfill Positions in the Personnel
Regulations.
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2. Authorize three (3) Overfill Positions, each, in the Police, Public Works, and
Parks and Recreation Departments,
3. Add a provision to grant a fifty-six (56) hour leave bank to newly hired
management employees in the Annual Leave Policy,
4. Establish a Service Credit Conversion to the Annual Leave Policy,
Council Members Tolley, Fuller, Lady, and Mayor Dougall said they approved of
the recommendations. Council Member Runels said he had a problem with
providing Annual Leave hours to new employees before they are earned.
It was moved by Ladyrrolley (4-1-0, Lady, Tolley, Fuller, and Dougall voting aye
and Runels voting no) to approve staff recommendations,
12. COUNCIL COMMUNICATIONS
None.
13. STAFF COMMUNICATIONS
None.
14. ADJOURNMENT
It was moved by Fullerrr olley to adjourn the meeting at 9:35 p,m, to the next
Council meeting at 7:30 p.m. Tuesday, November 25, 1997, at the Arroyo
Grande Community CenterlWoman's Club, 211 Vernon Avenue.
A. K. "PETE" DOUGALL,' MA
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