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Minutes 2003-02-11 MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, FEBRUARY 11, 2003 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:00 p.m. 2. ROLL CALL City Council: Council Members Runels, Lubin, Costello, Mayor Pro Tem Dickens, and Mayor Ferrara were present. I RDA: Board Members Runels, Lubin, Costello, Vice Chair Dickens, I and Chair Ferrara were present. I City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Financial Services Snodgrass, and Director of Community Development Strong. 3. FLAG SALUTE Jack Gates, member of Arroyo Grande Lions Club, led the Flag Salute. 4. INVOCATION Pastor Norman Somes, St. Barbabas Episcopal Church, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Proclamation Recognizing Tuesday, February 25, 2003 as Spay Day USA. Mayor Ferrara presented a proclamation recognizing Tuesday, February 25, 2003 as Spay Day USA. Cheryl Penkal accepted !he proclamation. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Mayor Pro Tem Dickens moved, Council Member Costello 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 The following members of the public addressed the Council: Connie Dunbar, Arroyo Grande, regarding issues of nuclear waste; Dane Phillips, representing Daystar Industries. - CITY COUNCIL MINUTES FEBRUARY 11, 2003 PAGE 2 a. CONSENT AGENDA Mayor Ferrara pulled Item 8.i. and acknowledged that an amended Resolution had been submitted to Council for approval. Council Member Lubin requested items 8.c. and 8,f. be pulled. Mayor Pro Tem Dickens moved, and Council Member Costello seconded the motion to approve Consent Agenda Items 8.a. through 8.j., with the exception of Items 8.c., 8,f., and 8.i., with the recommended courses of action: 8.a. Cash Disbursement Ratification. Action: Approved the listing of cash disbursements for the period January 16, 2003 through January 31,2003. 8.b. Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of January 31, 2003. a.d. Consideration of a Program Supplement Agreement with Caltrans for the Branch Mill Road Rehabilitation Capital Improvement Project. Action: 1) Adopted Resolution No. 3651 authorizing the Mayor to execute Program Supplement Agreement No. 894 with Caltrans; and 2) Directed the Director of Administrative Services to submit the executed Program Supplement Agreement No. 894 and authorizing Resolution to Caltrans. 8.e. Consideration of Progress Payment No.1 for the Scenic Creekside Walk, Phase III Project - PW 2002-02. Action: Authorized Progress Payment NO.1 in the amount of $20,925.45 to Maino Construction Company, Inc. for the Scenic Creekside Walk Project 8.g. Consideration of Progress Payment No. 1 for the Rodeo Drive Traffic Calming Project, PW 2002-07. Action: Authorized Progress Payment NO.1 in the amount of $19,949.45 to Papich Construction Company, Inc. for the Rodeo Drive Traffic Calming Project. 8.h. Consideration of Progress Payment No. 1 for the Spruce and Cedar Streets Sidewalk Project, PW 2002-05. Action: Authorized Progress Payment No. 1 in the amount of $6,193.13 to Maino Construction Company, Inc. for the Spruce and Cedar Streets Sidewalk Project a.j. Consideration of Consultant Services Agreements. Action: 1) Approved Agreement with Ray Heatherington for Housing Element Update professional services; 2) Approved amended agreements with EDA for engineering and landscape design services regarding Poplar Ponding Basin Expansion project; and 3) Approved Agreement with landscape architect Debbie Black for professional design services related to E. Grand Avenue and E. Branch Street (Village) enhancement projects. - ---------.---...- CITY COUNCIL MINUTES FEBRUARY 11, 2003 PAGE 3 On the following roll-call vote, to wit: AYES: Dickens, Costello, Runels, Lubin, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. S.C. Consideration of Resolution Establishing Voluntary Payroll Deduction Program for Action for Better Cities (ABC). Recommended Action: Adopt Resolution approving establishing a voluntary payroll deduction program for Action for Better Cities (ABC). In response to questions from Council Member Lubin, staff explained that ABC was a Political Action Committee (PAC), and employees have the ability to donate to ABC directly rather than through payroll deduction. Council Member Lubin expressed concerns that a memo regarding participation in the program would cause pressure on the employee to contribute. He also expressed concerns regarding employee payroll privacy issues. Mayor Ferrara opened the item for public comment, and upon hearing none, brought the issue back to Council for consideration. Following Council discussion, staff was directed to submit to the City Council for review the draft letter that would be sent out to employees; draft a specific procedure regarding confidentiality and access to names of individuals participating in the program; and annually review the status of the program with the City Council. Mayor Pro Tem Dickens moved, and Council Member Costello seconded the motion to approve Item 8.c., with the recommended course of action, and on the following roll-call vote, to wit: AYES: Dickens, Costello, Lubin, Runels, Ferrara NOES: None I ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Council Member Lubin declared a potential conflict of interest on Item S.f. due to real property ownership near the project. S.f. Consideration of Progress Payment No. 6 for the Rancho Grande Park Project, PW 2002-03. Recommended Action: Authorize Progress Payment No.6 in the amount of $111,686.35 to Herrera Engineering, Inc. for the Rancho Grande Park project. j ! i , CITY COUNCIL MINUTES , , FEBRUARY 11, 2003 PAGE 4 Council Member Runels moved, and Mayor Pro Tem Dickens seconded the motion to approve Item 8.f., with the recommended course of action, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Runels, Ferrara NOES: None ABSENT: Lubin There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. 8.i. Consideration of Authorization to Use City Property and Close City Streets for the Annual Arroyo Grande Strawberry Festival on May 24-25, 2003. Recommended Action: Consider the request from the Arroyo Grande Village Improvement Association and adopt Resolution authorizing the closure of City streets and use of City property for the Annual Arroyo Grande Strawberry Festival. Community Development Director Strong explained that Item J. in the Resolution had been amended to include the use of the Brisco lot from 6:00 p.m. Friday, May 23, 2003 to 6:00 p.m. Sunday, May 25, 2003. Council Member Costello moved, and Council Member Lubin seconded the motion to approve Item 8.i., as amended, and on the following roll-call vote, to wit: AYES: Costello, Lubin, Runels, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 9. PUBLIC HEARINGS: 9.a. Consideration of Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase. City Manager Adams presented the staff report and recommended the Council adopt a Resolution approving the integrated solid waste collection rate increase and convert to a variable rate structure. He introduced Mr. Tom Martin from South County Sanitary Service, who responded to questions from Council regarding distribution of customers using the various size cans; whether the variable rate structure would be consistent with the rate structure methodology; an explanation of semi-variable versus 100% variable rates; clarification regarding recycling efforts; and clarification regarding the franchise fee increase. -_.--_.~~-- -.".-- CITY COUNCIL MINUTES FEBRUARY 11, 2003 PAGE 5 Mayor Ferrara opened the Public Hearing, and upon hearing no comments, closed the Public Hearing. Council Member Costello supported the 7.47% rate increase; however, he did not favor going to a variable rate structure due to the high increase in rates for large families. Council Member Lubin stated the variable rate structure would make people more aware with regard to increasing recycling efforts. He suggested not reducing the 32- gallon can cost and spreading the cost to the larger cans. He supported the variable rate structure with a slight modification in the rates to make the increase more equitable across the board. Council Member Runels supported the proposed rate increase; however he stated the increase in the variable rate structure was too severe. Mayor Pro Tem Dickens agreed that there were inequities to the increases and was not supportive of the variable rate structure. He supported the proposed overall rate increase. Mayor Ferrara stated that the City needed to remain cognizant of AB939 to maintain a 50% waste diversion rate. He supported the 100% variable rate structure which would encourage more recycling. Council Member Lubin moved to adopt a Resolution approving the integrated solid waste collection rate increase with a 100% variable rate structure, modifying the 32- gallon can rate to $12.64 with the costs of the larger size cans to be adjusted accordingly. Mayor Ferrara seconded the motion, and on the following roll-call vote, to wit: AYES: Lubin, Ferrara NOES: Runels, Costello, Dickens ABSENT: None There being 2 A YES and 3 NOES, the motion failed. Council Member Costello moved to approve the 7.47% rate increase, maintain the existing semi-variable rate structure, and adopt a Resolution establishing integrated solid waste collection service rates. Council Member Runels seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Runels, Dickens NOES: Lubin, Ferrara ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. -----..- CITY COUNCIL MINUTES FEBRUARY 11, 2003 PAGE 6 9.b. Consideration of Participation in Statewide Community Infrastructure Program (SCIP). City Manager Adams presented the staff report and recommended the Council adopt a Resolution approving membership in the California Statewide Communities Development Authority (CSCDA); and 2) Adopt a Resolution authorizing the CSCDA to accept applications from property owners, conduct assessment proceedings and levy assessments against the property of participating owners. He introduced Bob Williams, SCIP administrator, who gave a brief overview of the program. Mayor Ferrara opened the Public Hearing, and upon hearing no comments, closed the Public Hearing. Council Member Lubin stated he was not in favor of the program as it takes development costs and puts it on the homeowner. Council Member Runels stated he was not in favor of the program. Council Member Costello expressed concern about the risks to the City and stated he needed to have a clearer understanding of the program before he could support it. Mayor Pro Tem Dickens agreed with Council Member Lubin and stated there could be some benefits to some projects; however, there were too many unanswered questions. He suggested having the City Attorney review the liability issues, direct staff to address concerns expressed about the program's impact to multi-family and low-income projects, and bring the item back at a future meeting for consideration. Mayor Ferrara favored continuing the item to provide time for a legal analysis of the program. Following Council comments, City Manager Adams suggested the program be limited to certain types of projects with criteria that would result in a public benefit. It was suggested that the program could be used as an economic tool for commercial projects. Council Member Costello moved to direct staff to study the legal issues and bring back the SCIP item, limiting the program to commercial projects, for further consideration by the Council. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Ferrara NOES: Runels, Lubin ABSENT: None There being 3 AYES and 2 NOES, the motion is hereby declared to be passed. ---^-- ----- I CITY COUNCIL MINUTES FEBRUARY 11, 2003 PAGE 7 10. CONTINUED BUSINESS: 10.a. Consideration of Policy/Procedure for Conducting City Council Business. City Manager Adams presented the staff report and recommended the Council adopt a Resolution approving the revised Policy/Procedure for Conducting City Council Business. He further requested direction with regard to the installation of a public speaker timer/light based on comments received at the last Council meeting. Mayor Pro Tem Dickens stated it was not his intention to install a speaker timer/light at the podium. Mayor Ferrara opened the item for public comments. The following members of the public addressed the Council: Colleen Martin, Arroyo Grande, opposed installation of a speaker timerllight. John Keen, Arroyo Grande, supported placing a public comment period at end of the meeting agenda. Hearing no further public comments, Mayor Ferrara brought the item back to Council for consideration. Council Member Costello supported the revised policy as presented, and agreed that there was no need for a speaker timer system. Council Member Lubin did not support Item 3. Disturbance of City Council Meetings as amended; did not support the installation of a speaker timer; supported having a public comment period at the end of the meeting; and supported that public comments not be limited to agenda items. Council Member Runels had no issue with the proposed changes and supported a public comment period at the end of the meeting. Mayor Pro Tem Dickens supported the revised policy as presented, opposed speaker timers/lights, and supported public comment at the end of the meeting. Mayor Ferrara supported the revised policy as presented, opposed speaker timers/lights, and supported public comment on any item at the end of the meeting. Council Member Costello moved to adopt a Resolution approving the revised Policy/Procedure for Conducting City Council Business, with amendments to the Agenda as discussed. Council Member Runels seconded the motion, and on the following roll-call vote, to wit: --- --...------.-------- ~-~- CITY COUNCIL MINUTES FEBRUARY 11, 2003 PAGE 8 AYES: Costello, Runels, Dickens, Ferrara NOES: Lubin ABSENT: None There being 4 AYES and 1 NO, the motion is hereby declared to be passed. Mayor Ferrara called a break at 9:14 p.m. The Council reconvened at 9:20 p.m. 11. NEW BUSINESS 11.a. Consideration of Report on Potential Acquisition of State Water. Director of Public Works Spagnolo presented the staff report and introduced Paavo Ogren, San Luis Obispo County Public Works Director, who responded to questions from Council regarding the City's potential use of State water. Mayor Ferrara opened the item for public comment, and upon hearing none, brought the issue back to Council for consideration. Following discussion, there was consensus of the Council to direct staff to work with the County to develop contingency measures for use of State water in an emergency or in case of future needs. 11.b. Consideration of Report on Lucia Mar Unified School District's Plans Regarding the Hidden Oaks Elementary School Site and Harloe Elementary School. City Manager Adams presented the staff report. Mayor Ferrara opened the item for public comment. The following members of the public addressed the Council: Colleen Martin, Arroyo Grande, opposed the closure of Harloe Elementary School. Keith Storton, Arroyo Grande, opposed the closure of Harloe Elementary School and referred to information in the District's Long Range Facilities Master Plan regarding enrollment statistics. Hearing no further public comments, Mayor Ferrara brought the item back to Council for consideration. Following Council comments and discussion, the Council concurred that it would not support the closure of Harloe Elementary School. Staff was directed to prepare a letter to the Lucia Mar Unified School District urging that closure of Harloe Elementary School no longer be included as an alternative in its funding options, and r~ , --.---- ------ CITY COUNCIL MINUTES FEBRUARY 11, 2003 PAGE 9 to establish a deadline for a joint meeting of the City Council and Lucia Mar Unified School District Board. 11.c. Consideration of Award of Street Sweeping Contract to California Street Maintenance. Director of Public Works Spagnolo presented the staff report and recommended the Council award a street sweeping contract to California Street Maintenance for three years and authorize the Mayor to execute the contract. Mayor Ferrara opened the item for public comment. The following members of the public addressed the Council: Dane Phillips, representing Daystar Industries, stated he had held the street sweeping contract for the past 15 years and explained that the value of local service should outweigh the small difference between his bid and the low bid from a Los Angeles firm. He spoke of his customer service philosophy and stated he was proud . to have served the communities of Arroyo Grande and Grover Beach. Bob Benard, Arroyo Grande, stated that his first goal as a Daystar employee was to reduce customer complaints in the street maintenance program. He explained that over a four-year period, there has been a 77% reduction in complaints. Hearing no further public comments, Mayor Ferrara brought the item back to Council for consideration. Council Member Lubin asked if the local preference discount was applied to the bid. Director Spagnolo replied that the five percent local preference discount was not applied to contracts for service providers, only for hard-cost items. Council Member Lubin stated that the City needed to look at all the issues when reviewing bids for service, such as longevity, relationships, and trust. He stated he has seen a decrease in complaints on the logs and that the quality of service is good. He stated he could support not going with the low bid in this case and could support awarding the contract to Daystar Industries. Council Member Runels stated there was value in having locals do business within the City and he could support awarding Daystar's bid. Council Member Costello stated that philosophically, he supported local service providers. He stated that if the City was not required to go with the low bidder, it was '. L" reasonable to take track record and longevity into consideration. City Manager !1 11 Adams stated that there was some flexibility in awarding contracts for professional H I' services versus construction contracts. , - CITY COUNCIL MINUTES FEBRUARY 11, 2003 PAGE 10 Mayor Pro Tem Dickens expressed concerns about an unknown commodity and stated that the City could see an increase in complaints over time. He supported awarding a three-year contract to Daystar Industries. Mayor Ferrara commented on the City's Economic Element policies which support small businesses. He said awarding the contract to Daystar is consistent with the General Plan and supported awarding the contract to Daystar. City Manager Adams reviewed the City's position on its recommendation to award a three-year contract to California Street Maintenance. He explained that there were pending issues regarding Daystar's past disposal of waste that were being investigated. City Attorney Carmel explained that no determinations had been made at this time. Following further discussion, Council Member Runels moved to extend Daystar's contract on a month-to-month basis. Council Member Lubin seconded the motion. City Attorney Carmel explained that there was a need to reject all the bids and re-bid the contract. Council Member Runels withdrew the motion. Council Member Runels moved to reject all street sweeping bids and direct staff to prepare a month-to-month extension of the existing street sweeping contract with Daystar. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Lubin, Costello, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 11.d. Consideration of Fiscal Year 2002-03 Mid.Year Budget Status Report. I [COUNCIURDAJ i~ 1-,' of Financial Services Snodgrass presented the staff report and li~ Director !j tJ recommended the Council/Board: a) Approve detailed budget adjustments and ii recommendations; b) Approve (Deny) requests for additional appropriations in the I' Ii General Fund as detailed; and c) Approve Schedules A through E inc,luded in the I' Mid-Year Status Report. Mayor/Chair Ferrara opened the item for public comment, and upon hearing none, brought the item back to Council for consideration. --- ..------ ---- ----.__. - --- CITY COUNCIL MINUTES FEBRUARY 11, 2003 PAGE 11 Council/Board Member Lubin moved to: a) Approve detailed budget adjustments and recommendations; b) Approve requests for additional appropriations in the General Fund as detailed; and c) Approve Schedules A through E included in the Mid-Year Status Report. Council/Board Member Runels seconded the motion, and on the following roll-call vote, to wit: Council AYES: Lubin, Runels, Costello, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. RDA AYES: Lubin, Runels, Costello, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 11.e. Consideration of Budget Goals for FY 2003.2004 and FY 2004.2005 (COUNCIURDA] City Manager Adams presented the staff report and recommended the Council approve proposed budget goals for FY 2003-2004 and FY 2004-2005. Mayor/Chair Ferrara opened the item for public comment, and upon hearing none, brought the item back to Council for consideration. Council/Board Member Lubin moved to approve the proposed budget goals for FY 2003-04 and FY 2004-05. Mayor Pro TemNice-Chair Dickens seconded the motion, and on the following roll-call vote, to wit: Council i AYES: Lubin, Dickens, Runels, Costello, Ferrara I NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. RDA AYES: Lubin, Dickens, Runels, Costello, Ferrara NOES: None ABSENT: None CITY COUNCIL MINUTES FEBRUARY 11, 2003 PAGE 12 There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL MEMBER ITEMS a) Request to place on future City Council Agenda report on water fluoridation. (RUNELS) Council Member Runels requested, and the City Council concurred, that an item be added to the February 25, 2003 City Council agenda, which would provide information regarding the addition of fluoride to the City's water system. b) Request for City Council Appeal of East Village Plaza Planned Unit Development (PUD) Case No. 02-001 Planning Commission Approval, February 5, 2003. (DICKENS) Mayor Pro Tem Dickens requested, and a majority of the City Council agreed, to appeal the Planning Commission approval of the East Village Plaza project. (Note: Wr.itten comments providing basis for the appeal was submitted for the record and is on file in the Administrative Services Department). 13. CITY MANAGER ITEMS None. 14. COUNCIL COMMUNICATIONS Council Member Lubin thanked staff for sending an electronic copy of the City Council Agenda to him in Hawaii so that he had sufficient time to review it prior to the meeting. 15. STAFF COMMUNICATIONS City Manager Adams reported the results of the bid opening for the issuance of general obligation bonds for the Fire Station Expansion Project. 16. COMMUNITY COMMENTS AND SUGGESTIONS Joel Kalzer, Arroyo Grande, commented on the SCIP item that was discussed earlier. He also stated the City should be looking at bringing portions of rural Arroyo Grande into the City limits to incorporate more property taxes; and he also commented on traffic issues related to the Village. 17. ADJOURNMENT Mayor Ferrara adjourned the meeting at 12:09 p.m. I .--.--------- ----.._-- - I CITY COUNCIL MINUTES FEBRUARY 11, 2003 PAGE 13 ATTEST: /7.Jl .-. re, Director of Administrative Servicesl Deputy City Clerk/Agency Secretary .- ~ Ii !1 1'1 1:1 If. \:\ I; , i , ! - , !