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Minutes 1998-02-10 MINUTES REGULAR MEETING OF THE CITY COUNCIL/REDEVELOPMENT AGENCY TUESDAY, FEBRUARY 10,1998 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1, CALL TO ORDER The City Council/Redevelopment Agency Board of the City of Arroyo Grande met in regular session at 7:30 p.m., with Mayor/Chair A. K. "Pete" Dougall presiding. 2. AND 3, FLAG SALUTE AND INVOCATION Members of the Arroyo Grande Valley Kiwanis Club led the Pledge of Allegiance to the Flag. Taking part in the ceremony and telling about the activities of the Club were Ted Gibbs, Past District Governor; Fred Sweeney, Club President; Cheryl Hanson, John Ruda, Chuck Moon, and Lew Davis. The Rev. Ken Lockwood, Seventh-day Adventist Church of Arroyo Grande, delivered the invocation. 4, ROLL CALL Present with Mayor/Chair Dougall were Mayor Pro TemNice Chair Michael Lady and Council/Board Members Michael Fuller, Thomas A. Runels, and Steve Tolley. Staff members present were City Manager/Executive Director Robert L. Hunt, City Attorney/Agency Counsel Timothy J. Carmel, City Clerk/Secretary Nancy A. Davis, Community Development Director/Assistant Executive Director Doreen Liberto-Blanck, Director of Financial SeNices/Finance Officer Lynda Snodgrass, Public Works Director Donald Spagnolo, Parks and Recreation Director Daniel Hernandez, Chief of Police Rick TerBorch, and Director of Building and Fire Terry Fibich. 5, SPECIAL PRESENTATIONS Mayor Dougall introduced Boy Scout Sandy Hume, who was attending the meeting as part of a merit badge requirement. 6, AGENDA REVIEW None. 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. CITY COUNCIL MEETING MINUTES FEBRUARY 10,1998 ... 7, PUBLIC HEARINGS None. 8. PUBLIC COMMENT PERIOD Jim Dickens, 769 Branch Mill Road, representing the Dixson Ranch Agriculture Preserve, requested the postponement for two weeks of an agenda item concerning the Newsom Springs Drainage Project Selection, scheduled for the Council Meeting of March 10, 1998. He said his family had agreed to a temporary drainage easement agreement and the temporary drainage project can begin as soon as possible. He said postponing the agenda item until March 24th would not adversely affect the permanent drainage project time line, or any temporary drainage project plans. Ella Honeycutt, 560 Oak Hill Road, showed the Council a picture of Porter Field ballpark and said the park had been developed by volunteers. 9. CONSENT AGENDA It was moved by Runels/Lady (5-0-0, with Runels, Lady, Tolley, Fuller, and Dougall voting aye) to approve Consent Agenda Items 9.a. through 9.h., with the recommended courses of action. 9.a. Cash Disbursement Ratification. Approval. 9.b. Statement of Investments. Received and Filed. 9.c. Cash Flow Analysis/Approval of Interfund Advance from the Sewer Facility Fund. Approved. 9.d. Minutes of January 27, 1998 City Council Meeting. Approved. 9.e. Authorization to Solicit Bids - Replacement of Underground Storage Tanks at City Corporation Yard. Approved. 9.f. Grand Avenue, Halcyon Road to Barnett Street, Project No. 60-70-90-96, Final Payment. Approved. 9.g. Recommendation to Award Bid to Five Cities Glass for Installation of Frame and Window at the Fire Station. Approved. 9.h. Adoption of an Ordinance Rescinding the Teen Advisory Committee. Council Members adopted Ordinance No. 496 C.S. Repealing Chapter 6 of Title 10 of the Arroyo Grande Municipal Code. , 2 CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1998 1 Q,A, PROPOSED BALLOT LANGUAGE - RANCHO GRANDE PARK SITE Community Development Director Liberto-Blanck said the Rancho Grande Park Site Subcommittee recommended the City Council adopt language for a proposed ballot measure for the June, 1998 Primary Election, as follows: Should the City of Arroyo Grande sell approximately 4.73 acres of the 10- acre Rancho Grande Park Site and develop the remaining 5+ acres as a City park? YES NO Ms. Liberto-Blanck listed the actions that Council would have to take if it wanted to proceed with a ballot measure for the June Primary Election. She said it would cost approximately $9,000 to place the measure on the ballot. She gave a history of how the Subcommittee was formed in February, 1997, and said current members are Mayor Dougall, Parks and Recreation Commissioner Keith Storton, Rancho Grande Homeowners' Association Representative Tony Detweiler, and Citizen at Large Ed Mullahey. She said the Subcommittee met on January 16 and 21, 1998 and on the 21st recommended the language for the ballot measure. She said the Subcommittee recommended the Park be subdivided into two lots, reserving an approximate 5.27 acres for a park with the remaining 4.73 acres as residential lots fronting Avenida de Diamante. Mr. Detweiler was the dissenting vote on the ballot language and he presented the following alternative language, which was not acted upon by the Subcommittee: Should the City of Arroyo Grande acquire and develop a new organized sports park site North and East of Freeway 101 by using proceeds derived from selling approximately 4.38 acres of the 10 acre Rancho Grande Park Site? The Community Development Director said staff recommended the City Council appoint two Council Members to a subcommittee to write the argument in favor of the ballot measure and appoint the City Attorney to write the impartial analysis. She said Mark M. Millis had requested to be designated as the person to write the argument in opposition to the measure. She gave deadlines for filing the various documents. She said Council could consider a resolution providing for the filing of Rebuttal Arguments for the measure. Mrs. Honeycutt spoke to the Council again and described the work of D. G. Porter in working with other volunteers to develop Soto Sports Complex. She said more parks are needed and the City has been divided by the Rancho Grande Park issue. Mr. Detweiler, who lives at 202 Avenida de Diamante, spoke to the Council and gave his reasons for dissenting on the wording of the proposed ballot measure. He also disputed the size of the proposed parcel to be sold according to the proposed measure. He said the land proposed for sale should be 4.38 acres, leaving 5.62 acres of parkland. 3 CITY COUNCIL MEETING MINUTES FEBRUARY 10,1998 Kirk Scott, 520 Via Vaquero, said he agreed with Mrs. Honeycutt that the City is divided over the Park issue. He said if the Park were kept at 10 acres, 5 acres could be used as a memorial park. He said the rest of the park could be developed as a passive park with walking and jogging paths and a field for pick- up ball games. Nancy Stites, 487 Via Bandolero, said she recalled that Council Member Tolley stepped down from voting on the WalMart project because of a conflict of interest caused by Mrs. Tolley selling real estate near the project. She questioned whether or not he had a conflict of interest in this matter based to his living either within the 300 foot conflict of interest area or the 300 to 2500 foot gray area, his owning a viewshed lot, and his wife selling property at 112 Avenida de Diamante across from the proposed park. Council Member Tolley said both of his properties fall in the gray area of 300 to 2500 feet from the project. He said two appraisers looked at his properties and determined that there was no financial affect on his property whether or not there was a park there. He said he was not aware of his wife's involvement with Avenida de Diamante but he would look into the matter. He said this issue is separate from the WalMart project, and that he would not step down at this time. He said he thought the park should be a passive park. He said the Park should be discussed as part of the General Plan Update. He said the Council should not write arguments and there should be an opportunity for rebuttals. Council Member Fuller said there is room for compromise in the areas of location of the Park, the potential for having two parks, and the language of the measure. He said the discussion of the Park had gone on for so long it probably would be best to let the community decide the issue. He said he had concerns about not following the City's General Plan. He said the Update is costing the taxpayers so much it should not be done if it is not going to be followed. Council Member Runels said he was involved 20 years ago when the original parcel was set aside as a passive park. He said there was another 4 % acres added to it. He said he believed that the people who bought in Rancho Grande · should have admitted that it was a passive park and was not designed as an active ball field. He said considering the development going on in the Rancho Grande area it would be a mistake to reduce the size of the Park. He said if the issue is put on the ballot, it should be a very simple statement with no rebuttals. Mayor Pro Tern Lady said he was convinced there is room for compromise. He said he was never in favor of making the Park an active sports complex. He said he was prepared to make a decision on the Park, but if it was to be on the ballot, he agreed with Council Member Tolley that the Council should not write the argument for or against. He said he agreed with the comments of Mr. Detweiler on the matter. 4 CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1998 Mayor Dougall said the Subcommittee was charged with writing a simply-worded measure for the June ballot. He said whatever decision was made would be a message to the General Plan Update consultant on how the Park should be treated. He said the Subcommittee felt Mr. Detweiler's proposed language for the measure would be confusing for the public. He said it was time to make a decision. Council Member Tolley requested a five-minute recess to consult with the City Attorney on his possible conflict of interest in this matter. THE COUNCIL MEETING RECESSED FROM 8:18 TO 8:33 P.M, Council Member Tolley said, based on Mrs. Stites' comments and his inability at this time to investigate the matter, he would not take part in the discussion or voting on the Park issue. He left the dais. After Council discussion, Council Member Runels made a motion to not sell the Park but to develop it as a passive park in the next five to seven years. The motion failed for the lack of a second. Council Member Fuller made a motion to sell five acres of the' Park, designate the funds for park use, and develop the remainder of the land as a passive park. The motion failed for the lack of a second. Mayor Pro Tem Lady made a motion to not place the measure on th,e June ballot. It was seconded by Council Member Fuller. The motion passed (4-0-1, with Lady Fuller, Runels, and Dougall voting aye and Tolley abstaining). Council Members directed staff to bring the matter back in approximately six weeks at a public hearing at which time the Council would make a final decision on size and use of the park site. Mr. Millis said he was chair of the "Don't Sell Our Parkland Committee" and requested notification of the meeting so that he could notify the Committee members. Council Member Tolley returned to the dais. 10,B. INITIATION OF ENTERPRISE DEVELOPMENT PROGRAM City Manager/Executive Director Hunt said if it was Council/Board direction to proceed with the Enterprise Development Program, staff recommended the following: 1. Adopt a resolution establishing the position of Economic Development Director; 5 CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1998 2. Designate the position as Management with a salary range of $3,364 to $4,089 (Range 39 - Andersen Study adopted December 9, 1997); 3. Approve a modification to the Cooperative Agreement between the City and the Redevelopment Agency; and 4. Provide direction to staff as to a specific date to implement the Program. Mr. Hunt said the full year cost of the Program would be $77,600 and it would be the responsibility of the Redevelopment Agency. He said the Program was a key recommendation in the Business Development Marketing Strategy Report prepared by Applied Development Economics. Council/Board Members Runels and Lady said hiring an Economic Development Director at this time would be premature and, because of the slowness of the bureaucracy, there would be nothing for the person to do. Council/Board Members Tolley and Fuller and Mayor/Chair Dougall said the position is needed to recruit businesses to the City, that decent paying jobs are needed, that it takes time to develop plans and learn about the business situation of the City, and the position is needed to help business stay in Arroyo Grande. It was moved by Tolley/Fuller (3-2-0, with Tolley, Fuller, and Dougall voting aye and Runels and Lady voting no) to adopt Resolution No. 3274 Establishing an Economic Development Director Position and approve other staff recommendations, including reclassification of the current part-time Clerk Typist position. Mr. Hunt requested direction on possible implementation dates of the Enterprise Development Program. It was moved by Tolley/Fuller and motion passed with Tolley, Fuller, and Dougall voting aye and Runels and Lady voting no to implement the Program as quickly as possible. 11.A. FEE WAIVER REQUEST FROM ARROYO GRANDE BABE RUTH BASEBALL Parks and Recreation Director Hernandez said the Parks and Recreation Commission recommended the City Council authorize Arroyo Grande Babe Ruth Baseball to donate and install $3,452.00 worth of safety netting on Porter Field in lieu of paying user fees and charges. He said Porter Field normally has a safety net above the backstop that reduces the hazard of foul balls flying into the spectator areas or backwards onto players using Ikeda and Volunteer Fields. He said the old net had deteriorated and was removed. John Hodges, representing the Babe Ruth league, appeared before the Council. 6 CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1998 Council Members praised the organization for its creative suggestion. It was moved by Runels/Lady (5-0-0, with Runels, Lady, Fuller, Tolley, and Dougall voting aye) to approve the Parks and Recreation Commission recommendation. 11.B, FISCAL YEAR 1997-98 MID-YEAR BUDGET STATUS REPORT Financial Services Director Snodgrass said staff recommended Council approve the budget adjustments and recommendations included in the Mid-Year Budget Status Report for Fiscal Year 1997-98. She said each year the City Council adopts a budget, which commits resources to the accomplishment of its policies and the Financial Services Department routinely prepares quarterly budget updates for the City Council. She said the purpose of the City's Mid-Year budget review is to: 1. Conduct a review of all City funds to recommend budgetary changes to address known budget deficiencies; 2. Identify budget changes that materially impact fund balances; and 3. Comment on the significant budget trends that will impact financial planning. She summarized key Mid-Year points and recommendations. Council Members asked questions concerning a State calculation error in Highway User Taxes benefiting the City; the proposed contracting with the City of Morro Bay for computer support services; and the Police Department overtime request. Chief of Police TerBorch said the overtime was due to a long-term injury situation, normal vacancy factors, vacations, and a 10.6 percent workload increase. Mayor Dougall praised staffs work on the budget and said the City Council is getting financial information that it has never gotten before. It was moved by Ladyrrolley and the motion passed to approve staff recommendations as follows: 1. Authorize the City Manager to contract with the City of Morro Bay for computer support services; 2. Approve the transfer of $66,853 of surplus funds to the General Fund for maintenance of Ruth Ann Way; 3. Approve the transfer of $84,872 of surplus funds to the General Fund for maintenance of Canyon Way; and 4. Approve Schedules A through E included in Mid-Year Budget Status Report. A. Unreserved Fund Balance-Control B. Recommended Adjustments C. Adjustments to Fund Balance D. Unreserved Fund Balance-First Quarter Changes 7 CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1998 E. Two Year Comparison of Mid-Year Revenues & Expenses 11.C. APPROVAL OF FEDERAL COPS UNIVERSAL HIRING GRANT Chief TerBorch said staff recommended Council approve acceptance of a Universal Hiring Grant from the United States Department of Justice, Office of Community Oriented Policing in the amount of $150,000.00 for a three-year period for two police officers. He said impact to the General Fund over three years would be $96,700. He said the General Fund impact on the FY 1997-98 budget will be approximately $7,800, which can be absorbed within current Police Department appropriations. He said the primary purpose in adding two police officers is to address the significant increase in workload that is being experienced by the Police Department (one position would be in the general patrol force), and to enhance the Department's Traffic Safety program by adding an additional Traffic enforcement motorcycle officer. After Council questions concerning an increase in revenues, fines and forfeitures, the City's accident rate, and reduction in the amount of overtime, it was moved by Runels/Lady and the motion passed unanimously to approve acceptance of the grant in the amount of $150,000.00. 11,0. FISCAL YEAR 1998-99 BUDGET DEVELOPMENT GUIDELINES AND CALENDAR City Manager Hunt said staff recommended the City Council approve: 1. Budget Development Guidelines for the preparation of the Fiscal Year 1998- 99 Preliminary Base Budget; and 2. Approve the proposed calendar for the development and review of the Fiscal Year 1998-99 Preliminary Base Budget. Mayor Dougall said he would like to add to the Budget Development Guidelines two items from the City's Fiscal Policy adopted by the Council on September 5, 1995 and revised November 12, 1996, as follows: 1. Develop short and long-term financial plans. 2. Develop fiscal models to reflect development and planning policies to ensure resources are adequate to provide service needs. It was moved by Tolley/Fuller and the motion passed unanimously to approve staff recommendations with Mayor Dougall's additions. 12. COUNCIL/AGENCY COMMUNICATIONS Council Member Tolley commended staff for its preemptive work to get the City ready for the winter storms. 8 CITY COUNCIL MEETING MINUTES FEBRUARY 10,1998 Council Member Fuller referred to a letter concerning the Ellsworth project on East Cherry Avenue and requested a review of the Water Mitigation Program. Staff was directed to prepare a reevaluation of the Program. Council Member Runels said Lopez Dam was five to six feet from the "spill" level 13, STAFF COMMUNICATIONS None. 14. ADJOURNMENT It was moved by Ladyrrolley and the motion passed unanimously to adjourn the meeting at 9:30 p.m. to a Public Workshop of the City Council, Planning Commission, and Traffic Commission at 7 p.m. Thursday, February 12, 1998, at the Community Center/Woman's Club, 211 Vernon Street. R 9