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Minutes 2001-11-13 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, NOVEMBER 13, 2001 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Runels, Dickens, Lubin, Mayor Pro Tem Ferrara and Mayor Lady were present. RDA: Board Members Runels, Dickens, Lubin, Vice-Chair Ferrara, and Chair Lady were present. City Staff Present: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Director of Financial Services Snodgrass; Community Development Director Strong; Acting Director of Parks, Recreation, and Facilities Perrin; Chief of Police TerBorch; Director of Public Works Spagnolo; and Consultant Senior Engineer Campbell. 3. FLAG SALUTE Members of Cub Scout, Den 1, Pack 13 led the Flag Salute. 4. INVOCATION Jean Bowser, Bahai Faith, delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member Runels moved, Mayor Pro Tem Ferrara seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. 7. CITIZENS'INPUT, COMMENTS, AND SUGGESTIONS Otis Page, 606 Myrtle, spoke regarding the Referendum that was filed relating to the adoption of the General Plan. He quoted Election Code Section 18600(a) and (b) relating to misrepresentation by a circulator and stated he believed that the press release issued by the proponent contains erroneous information which misrepresents the facts and misleads the public. He requested that the Council agendize the issue for discussion. CITY COUNCIL MINUTES NOVEMBER 13, 2001 PAGE 2 8. CONSENT AGENDA Council Member Lubin pulled Item 8.e. Council Member Dickens moved and Council Member Runels seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of Item 8.e., with the recommended courses of action. S.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period October 16, 2001 through October 31, 2001. S.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of October 31,2001. S.c. Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed September 2001 Cash Report and approved the interfund advance from the Water Facility Fund to cover cash deficits in other funds as of September 30,2001. S.d. Consideration of Approval of Minutes. Action: Approved minutes as submitted for the Special City Council Meeting of October 23, 2001 and Regular City Council Meeting of October 23, 2001. S.f. Consideration of Authorization to Solicit Bids for March 2001 Storm Restoration at Rodeo Drive, Project PW-01.04. Action: 1) Approved the construction plans and specifications and authorized the Department of Public Works to solicit public construction bids for the March 2001 Storm Restoration at Rodeo Drive Capital Improvement Project; and 2) Found that the March 2001 Storm Restoration at Rodeo Drive Capital Improvement Project is categorically exempt from CEQA pursuant to Section 15301(d) and directed Administrative Services to file a Notice of Exemption. 8.g. Consideration of Adoption of a Resolution to Change the State License for the Children In Motion Program and Approve the Memorandum of Understanding with United Cerebral Palsy (UCP) of San Luis Obispo County. Action: Adopted Resolution No. 3557 acknowledging the Children In Motion Program is changing its State License to accept non-ambulatory participants and approved the Memorandum of Understanding. S.h. Consideration of Huasna Road Pavement Overlay, City Project No. PW-01. 03, Notice of Completion, Final Progress Payment No.2, and Retention Release. Action: 1) Authorized Final Progress Payment in the amount of $25,422.00; 2) Directed staff to file a Notice of Completion; and 3) Authorized release of the retention in the amount of $22,549.99, thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. S.L Consideration of Adjustment to Employee Medical Insurance Benefits. Action: 1) Adopted Resolution Nos. 3558, 3559, 3560, 3561, and 3562 amending City participation in the CalPERS medical insurance program; 2) Adopted Resolution No. 3563 amending medical insurance benefits for CITY COUNCIL MINUTES NOVEMBER 13, 2001 PAGE 3 management employees; 3) Approved the letter of agreement modifying the MOU with AGPOA regarding medical insurance benefits; and 4) Approved the letter of agreement modifying the MOU with SEIU regarding medical insurance benefits. 8.j. Consideration of Determination of Industrial Disability. Action: Adopted Resolution No. 3564 determining that Senior Police Officer Richard Checansky suffers from an industrial disability. AYES: Lubin, Runels, Dickens, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 8.e. Consideration of Authorization to Solicit Construction Bids for Oak Park Boulevard Street Widening Project, Project PW-GO-G1. Action: 1) Approve the construction plans and specifications and authorize the Department of Public Works to solicit public construction bids for the Oak Park Boulevard Street Widening Capital Improvement Project; 2) Appropriate $81,623 from the Transportation Facility Impact fund for the Oak Park Boulevard Street Widening Capital Improvement Project; 3) Accept and record on behalf of the City Grant Deeds from the four property owners on Oak Park Boulevard; and 4) Find that the Oak Park Boulevard Street Widening Capital Improvement Project is categorically exempt from CEQA pursuant to Section 15301(c) and direct Administrative Services to file a Notice of Exemption. Council Member Lubin commented that one side of Oak Park Boulevard was within the City limits of Grover Beach. He asked if the project was being coordinated with the City of Grover Beach. Director Spagnolo responded that Arroyo Grande was proceeding with its portion of the project. He explained that Grover Beach was in the design phase and their portion of the project which had been funded by SLOCOG. Council Member Lubin asked if the portion from Atlantic City Avenue to the freeway was going to be widened. Director Spagnolo replied that it would be; however, it was included as part of Grover Beach's project. On motion by Council Member Lubin to approve staffs recommendation, seconded by Council Member Runels, and on the following roll-call vote, to wit: AYES: Lubin, Runels, Dickens, Ferrara, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIL MINUTES NOVEMBER 13, 2001 PAGE 4 9. PUBLIC HEARINGS 9.a. Consideration of the Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase. City Manager Adams presented the staff report. He explained that the item had originally been considered at the September 25, 2001 City Council meeting and the Council had directed staff to further assess the findings in the Solid Waste Rate Review report. He explained that the formal rate review was further assessed by him, the City Attorney, Director of Financial Services, and the Manager of the Integrated Waste Management Authority, and the results of this additional analysis confirmed that the review was performed correctly and was consistent with the City of San Luis Obispo Rate Review Process and Methodology Manual. City Manager Adams further addressed concerns identified by the Council regarding retroactive reimbursement; issues relating to operating profit; setting rates based on a proposed volume based rate structure; phasing the increase in over a two-year period; and clarification regarding terms in the Franchise Agreement. Staff recommended the Council adopt a Resolution approving integrated solid waste collection rate increases. Mayor Lady opened the Public Hearing and invited comments from those in the audience who wished to be heard on the matter. Hearing no public comments, Mayor Lady closed the Public Hearing. Mayor Pro Tem Ferrara referred to the breakdown of customer accounts for both Arroyo Grande and Pismo Beach as presented in the staff report and stated that the percentage of accounts receiving 32-gallon service was close in both cities. He spoke of the need to maintain recycling rates and asked how a volume based fee structure would impact recycling efforts. Tom Martin, Controller for South County Sanitary Service, indicated that every home in the City has a blue recycling container. He noted that there were more persons per household in Arroyo Grande. He explained that customers receive a 32-gallon recycling container; however, the may request a larger, 64-gallon, recycling container for no additional cost. Mayor Pro Tem Ferrara inquired about the extra bag rate of $4.36 and asked if that applied to garbage and recycling. Mr. Martin responded that it applied only for garbage. Council Member Lubin asked Mr. Martin if there was a significant change in service when the City of Pismo Beach went to a volume based rate structure. Mr. Martin explained that the City of Pismo Beach started off their program with a volume based rate structure. CITY COUNCIL MINUTES NOVEMBER 13, 2001 PAGE 5 Council Member Runels commented on costs for replacement of equipment and the increase in the number of trucks South County Sanitary has had. He also commented that the fees to dump at the landfill are higher. He supported staff's recommendation. Council Member Dickens expressed concern about the impacts of a large rate increase for citizens, especially for those on fixed incomes. He supported staff's recommendation and recommended that a press release be issued informing citizens of the program available to assist low-income households. He further commented that he would like to consider requests for increases on an annual basis. Council Member Lubin said to avoid large increases, he supported reviewing requests for rate increases on an annual basis. He stated he was leaning toward the volume- based fee structure and commented that those disposing of trash to the landfill should pay the higher fee. He supported looking into the volume based fee structure. Mayor Pro Tem Ferrara stated at first he was looking toward a volume-based approach; however, having looked at the numbers, he was concerned about the resulting increases to consumers with larger containers. He stated he believed the appropriate strategy was to support staff's recommendation and then review the volume-based fee structure next year. He suggested during the next year, staff proceed by preparing and marketing the new program by providing detailed explanations on how to reduce garbage and encourage recycling. Mayor Lady commented that going to a volume-based fee structure later would provide an incentive to recycle more. He supported staff's recommendation as proposed. Mayor Pro Tem Ferrara moved to approve the integrated solid waste collection rate increases and adopt a Resolution establishing integrated solid waste collection service rates, as amended for the rates to be effective on December 1, 2001. He further moved that the action be preceded by a community based marketing approach to explain the background and purpose of the increase; provide and explain incentives for continued recycling; and to direct staff to re-examine a volume-based fee approach for consideration next year. Council Member Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Runels, Dickens, Lubin, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9.b. Consideration of Adoption of a Resolution of Intention to Abandon a 1.40- acre Portion of Land within the Proposed 10-acre Rancho Grande Park Site. Council Member Lubin declared a potential conflict of interest and stepped down from the dais. CITY COUNCIL MINUTES NOVEMBER 13, 2001 PAGE 6 Community Development Director Strong presented the staff report. He stated the Council had previously approved the creation and sale of three potential residential lots located on the subject 1.40-acre portion of land within the proposed Park site. He explained that prior to abandoning a portion of property originally dedicated for park purposes, the City must first adopt a Resolution of Intention describing the portion of the park to be abandoned and fixing a time, at least 30 days after adoption of the Resolution, when the Council will meet to take final action. Council Member Runels inquired as to the status of the lot configuration for the proposed three residential lots. Director Strong responded the configuration of the lots was detailed on the Park Master Plan and briefly reviewed the size for each lot. Council Member Dickens recalled that residents in the area had objections to the original configuration of the lots. City Manager Adams responded that those concerns had been resolved at a previous meeting and adjustments to lot lines had been made. Mayor Pro Tem Ferrara recalled concems expressed by residents regarding other issues such as fence lines and potential view sheds. He clarified that the proposed architecture and positioning of homes would have to conform to the development's CC&Rs. City Manager Adams noted that the meeting previously mentioned had included representatives from the Homeowners Association and from RRM Design. Council Member Runels asked if there were any restrictions on what was to be built on the three lots. Director Strong replied it would be Low Density Single Family Residential. Mayor Lady opened the Public Hearing and invited comments from those in the audience who wished to be heard on the matter. Denise Wilson asked what was the original intent of the property to be used for. Mayor Lady explained that the portion proposed to be abandoned was part of the proposed 1 D- acre Rancho Grande Park site and that the sale of this portion would help fund the construction of Rancho Grande Park. Hearing no further public comments, Mayor Lady closed the Public Hearing. Council Member Dickens commented that, because of its topography, the subject portion of land proposed for abandonment may not be suitable as part of the proposed Park and supported staffs recommendation. Council Member Runels stated the City will need every bit of open space and did not support abandoning any portion of the proposed park site. Mayor Pro Tem Ferrara supported staffs recommendation and stated the additional funding would allow the Park to be finished and construction would not have to be phased. CITY COUNCIL MINUTES NOVEMBER 13, 2001 PAGE 7 Mayor Lady commented that if finances were available for a 10-acre Park, he would not recommend abandoning a portion of the land. However, he stated since that was not the case, he supported staff's recommendation. Council Member Dickens moved to adopt a Resolution of Intention to abandon a 1.40- acre portion of the proposed 10-acre Rancho Grande Park site, pursuant to Government Code Section 38501 et. seq., which includes setting a meeting date of January 8, 2002 for final City Council action on the proposed abandonment. Mayor Pro Tem Ferrara seconded the motion, and on the following roll-call vote, to wit: AYES: Dickens, Ferrara, Lady NOES: Runels ABSENT: Lubin There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed. Council Member Lubin returned to the dais. 9.c. Consideration of Adoption of an Ordinance Regarding Sewer Connection Fees. Director of Public Works Spagnolo presented the staff report. He explained the Council, at its October 23m meeting, had directed staff to modify the second paragraph of Section 6-6.411 to delete the wording related to credit for prior payments and then introduced the Ordinance for first reading. He gave an overview of the modifications to the fee structure and explained that the Ordinance provides that the connection fee amounts be established by Resolution. Mayor Lady opened the Public Hearing and invited comments from those in the audience who wished to be heard on the matter. Hearing none, Mayor Lady closed the Public Hearing. Council Member Lubin moved to adopt an Ordinance amending Articles 4 and 5 of Title 6 of the Arroyo Grande Municipal Code regarding sewer connection fees. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Dickens, Runels, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Council Member Lubin moved to adopt a Resolution establishing sewer connection fee amounts. Council Member Dickens seconded the motion, and on the following roll-call vote, to wit: -" --.~ ~._~---- CITY COUNCIL MINUTES NOVEMBER 13, 2001 PAGE 8 AYES: Lubin, Dickens, Runels, Ferrara, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS 10.a. Consideration of Approval of the Wastewater System Master Plan. Director of Public Works Spagnolo presented the staff report. He stated the Council authorized distribution of the draft Wastewater System Master Plan at its July 24th meeting. He gave a brief overview of the purpose of the Wastewater System Master Plan. Consultant Senior Engineer Craig Campbell was present to answer questions. Council Member Runels asked questions of staff regarding long-term capital improvement projects. Director Spagnolo responded that recommended projects were prioritized in a phased capital improvement program to be implemented over a 20-year period. Council Member Runels asked is the City could be subject to pollution fines. Director Spagnolo responded yes; however, the replacement of Lift Station No..1 was included as a Priority 1 improvement. Mayor Pro Tem Ferrara referred to the difference in the population figure in the Water Master Plan and the Wastewater System Master Plan and asked for clarification. Consultant Senior Engineer Campbell responded that the time between the preparation of the Water Master Plan and the preparation of the Wastewater System Master Plan, staff was directed to research the current figure as part of the General Plan Update process. He said at that time, a figure was established and used as basis in the Wastewater System Master Plan. Mayor Pro Tem Ferrara asked if there were plans to reconcile the population figure in the Water Master Plan with the figure used in the Wastewater System Master Plan. Consultant Campbell replied yes. Mayor Lady opened the Public Hearing and invited comments from those in the audience who wished to be heard on the matter. John Keen, 298 N. Elm, stated that he found the study to be very comprehensive and acknowledged staff's work on the Plan. He commented that the City limit lines on the maps were not clear and suggested that they be clarified. Hearing no further public comments, Mayor Lady closed the Public Hearing. CITY COUNCIL MINUTES NOVEMBER 13, 2001 PAGE 9 Council Member Runels moved to approve and adopt the 2001 Wastewater System Master Plan. Council Member Dickens seconded the motion, and on the following roll- call vote, to wit: AYES: Runels, Dickens, Lubin, Ferrara, Lady NOES: None ABSENT: None There being 5 A YES and 0 NOES, the motion is hereby declared to be passed. 11. NEW BUSINESS 11.a. Fiscal Year 2001/02 First Quarter Budget Status Report. [COUNCIURDA] Director of Financial Services Snodgrass presented the staff report. She highlighted the City's Projected Fund Balance at June 30, 2002 ($1,389.100); Carryover Appropriations ($390,700); Approved Adjustments ($8,000); Proposed Adjustments ($66,400); Total Decrease to General Fund Balance ($332,300); and Adjusted Fund Balance at June 30, 2002 ($1,056,800). Council/Board Member Lubin referred to the Projected Fund Balance and the Council's goal of achieving a fund balance of 15% of appropriations. He asked Director Snodgrass if the City was ahead in achieving that goal. Director Snodgrass replied that the fund balance was much better than anticipated and that there was a fund balance of approximately 10-12% of appropriations. Council/Board Member Lubin referred to the property tax revenue increase and asked where the information comes from and when it is determined. Director Snodgrass replied that the County Tax Collector assesses the tax rolls and provides an estimate. She explained the information arrives in late June after the Budget has been approved and published. Council/Board Members Runels and Dickens commented that staff had presented a good report. Mayor Pro TemNice-Chair Ferrara asked if the City anticipated receiving revenue for responding to a mutual aid fire. Director Snodgrass replied no and that she did not incorporate that revenue into the budget. She stated when the money is received, it is included in the quarterly budget reports. Mayor Pro TemNice-Chair Ferrara referred to rising costs associated with healthcare issues. He expressed concern about the financial impact over the long range and suggested incorporating this issue into the Long Range Financial Plan as there were a lot of unanswered questions. Mayor/Chair Lady opened up the item for public comment, and upon hearing none, brought the item back to Council for consideration. CITY COUNCIL MINUTES NOVEMBER 13, 2001 PAGE 10 Council/Board Member Lubin referred to Schedule A on page 2 and asked for explanation with regard to the "Total Available" column. Director Snodgrass explained the difference between "Total Available" versus "Appropriations". Mayor Pro TemNice-Chair Ferrara referred to page 18 regarding the State of California facing a $14 billion shortfall because of the slowing economy and the State energy crisis. He suggested continuing to work harder to support the League's position on putting a cap on ERAF. He further addressed the potential loss of Vehicle License Fee (VLF) revenue and urged support of the League's efforts in communicating with legislators over this very serious issue. Council/Board Member Lubin moved to: 1) Approve Carryover Appropriations as detailed in Schedule B; 2) Approve detailed budget adjustments and recommendations as shown in Schedule B; and 3) Approve Schedules A through F included in the First Quarter Status Report. Council/Board Member Runels seconded the motion, and on the following roll-call vote, to wit: Council AYES: Lubin, Runels, Dickens, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. RDA AYES: Lubin, Runels, Dickens, Ferrara, Lady NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS a) Rotation of Mayor Pro Tern. (FERRARA) Mayor Pro Tern Ferrara stated he had served in the role of Mayor Pro Tern for exactly three years and although this was not an election year, he had held discussions with others and looked into what other cities do with the rotation of this position. He explained the role of Mayor Pro Tern and said it was good experience that should be shared among the other Council Members. He said it was fitting at this time to give another Council Member a chance at serving as Mayor Pro Tern and that he intended to resign effective immediately. He asked City Attorney Carmel if an item to select a new Mayor Pro Tern would need to be placed on a future Agenda. City Attorney Carmel explained that with an immediately effective resignation, the need to take action on an item had arisen subsequent to publication of the Agenda and the Council could add an Agenda item to tonight's Agenda on a 4/5ths vote of the Council. Mayor Pro Tern Ferrara then resigned his position as Mayor Pro Tern effective immediately. CITY COUNCIL MINUTES NOVEMBER 13, 2001 PAGE 11 On a voice vote, it was agreed unanimously to place the selection of a new Mayor Pro Tem on the Agenda for immediate action. b) Selection of Mayor Pro Tem. Council Member Lubin moved to appoint Council Member Runels as Mayor Pro Tem. Council Member Dickens seconded the motion, and the motion carried unanimously by voice vote. Mayor Lady thanked Council Member Ferrara for his service over the last three years as Mayor Pro Tem. 13. CITY MANAGER ITEMS City Manager Adams reminded the Council that the joint meeting with the Lucia Mar Unified School District Board was being rescheduled for early January. 14. COUNCIL COMMUNICATIONS Mayor Pro Tem Runels thanked the Council for appointing him to his new role. 15. STAFF COMMUNICATIONS None. 16. ADJOURNMENT Mayor Lady adjourned the meeting at 8:44 p.m. MiCh.:?~~ ATTEST: , V4Ju~ L/! 1};1 or;f,'Director of Administrative Servicesl v Deputy City Clerk