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HomeMy WebLinkAboutCSTOC_2015-08-31_Agenda Packet SPECIAL MEETING CITY OF ATASCADERO CITIZENS’ SALES TAX OVERSIGHT COMMITTEE1 AGENDA Monday, August 31, 2015 6:00 P.M. City Hall Council Chambers, 4th Floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Avenue) CALL TO ORDER: Oaths of Office - City Clerk, Marcia Torgerson, will administer Oaths of Office to the Citizens’ Sales Tax Oversight Committee Members ROLL CALL: Committee Members: Grenda Ernst, Friends of the Atascadero Library Andrea Greenaway, Atascadero Veterans Memorial Foundation Bill Hatch, Atascadero Kiwanis Kathe Hustace, Atascadero Association of Realtors Robert “Grigger” Jones, Atascadero Chamber of Commerce Jerry Martin, Moose Lodge #2067 Michael Shaw, At-Large Carol Simonin, Quota International Chuck Ward, At-Large APPROVAL OF AGENDA: 1 Established for the oversight of the 2014 Sales Tax Measure PRESENTATIONS: None PUBLIC COMMENT: (This portion of the meeting is reserved for persons wanting to address the Committee on any matter not on this agenda and over which the Committee has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Committee may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Public Comment, unless changed by the Committee.) A. CONSENT CALENDAR: None B. INFORMATIONAL ITEMS: 1. Welcome and Introduction of Committee Members and Staff 2. Legal Requirements of Committee Members a. Political Reform Act b. Brown Act C. BUSINESS ITEMS 1. Election of Chairperson and Vice Chairperson for the Atascadero Citizens’ Sales Tax Oversight Committee 2. Consideration of Adopting Bylaws and Rules of Procedure for the Atascadero Citizens’ Sales Tax Oversight Committee  Fiscal Impact: None.  Recommendation: Committee adopt the Draft Bylaws and Rules of Procedure for the Citizens’ Sales Tax Oversight Committee. [City Manager] 3. 2014 Pavement Assessment Study  Fiscal Impact: None.  Recommendation: Committee receive and file report. [Public Works] C. COMMITTEE MEMBER COMMENTS: D. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a Citizens’ Sales Tax Oversight Committee Meeting, please contact the City Clerk’s Office at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting. ITEM NUMBER: C-2 DATE: 08/31/15 Citizens’ Sales Tax Oversight Committee Staff Report – City Manager’s Office Consideration of Adopting Bylaws and Rules of Procedure for the Citizens’ Sales Tax Oversight Committee RECOMMENDATION: Committee adopt the Draft Bylaws and Rules of Procedure for the Citizens’ Sales Tax Oversight Committee. DISCUSSION: In November of 2014, the voters approved ballot measure F-14. Measure F-14 and the related City Ordinance No. 581, imposes an additional ½ cent transaction and use tax. The ballot measure and ordinance set forth items such as the tax rate, the purpose, limitations, exemptions and exclusions, and other information needed to enact the tax. Included in the ballot measure and ordinance is the following language that ca lls for the formation of a “Citizens’ Oversight Committee:” Section 14. CITIZENS’ OVERSIGHT COMMITTEE. There shall be a permanent citizens’ advisory committee called the “Citizens’ Oversight Committee” (hereafter “Committee”) which shall annually review revenues and expenditures from the collection of the tax. The committee shall have 9 members. Seven members shall be appointed to the committee by individual Atascadero community groups. Two members shall be appointed by the City Council. Appointees shall be residents of the City; however, no member of the Committee shall be an elected official. Section 15. ANNUAL ROAD REPORT. An Annual Road Report shall be prepared by the City no later than the last day of the sixth month following the end of each City fiscal year. The Report shall be submitted to the Citizens’ Oversight Committee for review. The Committee will submit their findings and conclusions to the City Council. The Report will also be made available to the public. The Annual Road Report shall detail the prior fiscal year’s activities related to the retail transaction and use tax. The Report shall include revenues generated by the Transaction and Use Tax, expenditures (in summary form), funds carried over from previous fiscal years, and any remaining funds to be carried over for expenditure in subsequent fiscal years. ITEM NUMBER: C-2 DATE: 08/31/15 Bylaws and Rules of Procedure will need to be adopted in order to facilitate the process of the meetings and establish the rules for the Citizens’ Sales Tax Oversight Committee. Staff has prepared and attached to this report suggested Bylaws and Rules of Procedure for the Committee’s consideration. FISCAL IMPACT: None ATTACHMENTS: 1. Draft Bylaws and Rules of Procedure for the Citizens’ Sales Tax Oversight Committee ITEM NUMBER: C-2 DATE: 08/31/15 ATTACHMENT: 1 CITIZENS’ SALES TAX OVERSIGHT COMMITTEE CITY OF ATASCADERO SALES TAX MEASURE F-14 BYLAWS AND RULES OF PROCEDURE ARTICLE I – THE CITIZENS’ SALES TAX OVERSIGHT COMMITTEE Name of Authority The official name shall be the “Citizens’ Sales Tax Oversight Committee” (herein referred to as “Committee”). Membership The Committee shall be composed of nine (9) members, two (2) of which shall be appointed by the City Council of the City of Atascadero (the “Council”) and seven (7) of which shall be appointed by individual Atascadero community groups. Appointees shall be residents of the City; however, no member of the Committ ee shall be an elected official. Committee members may serve consecutive terms with no term limits. Place of Meeting The office and regular place of meeting of the Committee shall be at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, California. The Committee may hold its meetings at such other locations as the Committee may from time to time designate. Powers The Committee shall annually review revenues and expenditures from the collection of the tax created by the adoption of Ordinance No. 581 , and shall also review the Annual Road Report prepared by the City. The Committee shall, through the City Manager or her designee, submit the Committee’s findings and conclusions to the City Council. ARTICLE II - SELECTION OF COMMUNITY GROUP MEMBERS OF THE COMMITTEE 1. Groups (not Individuals) Community groups are selected to make appointments to the Committee by the process described below. Once selected, each Community Group shall make their own appointment through whatever method the group deems is appropriate which shall include a process for ITEM NUMBER: C-2 DATE: 08/31/15 ATTACHMENT: 1 removal of the person appointed to the Committee by the Community Group. 2. Eligibility: Community Groups that meet all of the following criteria are eligible to enter the selection process for appointing a representative to the Committee. a. Registered non-profit group b. Serve the community of Atascadero c. Non-partisan d. Non-secular (non-religious) 3. Standing Member: The Chamber of Commerce shall have the right to appoint a member of the Committee. This right sh all continue through the term of the Sales Tax Measure. 4. Selection Process for Other Community Groups: The Selection Process for Other Community Groups (“Selection Process”) shall be as follows. The City shall advertise that vacancies exist on the Citizens’ Sales Tax Oversight Committee and that they are seeking community groups interested in appointing a member to the Committee. Interested groups that do not have a current appointment to the Committee shall notify of the City of their interest within the posted time frame. a. If the number of Community Groups interested in appointing a member exceeds the number of vacancies, the name of each community group will be entered into a drawing. The drawing will be open to the public. b. If the number of Community Groups interested in appointing a member is less than the number of vacancies. Those that have submitted a notice of interest will make an appointment to the Committee. The City will then extend the time period and re - advertise for the remaining vacancies. i. If there are more interested groups than vacancies, a drawing will be held. ii. If the number of interested Community Groups is still less than the number of vacancies, those groups that have an ITEM NUMBER: C-2 DATE: 08/31/15 ATTACHMENT: 1 existing appointment to the Committee may notify the City of their interest in appointing a second member to the Committee. A drawing will then be held to fill the vacancies 5. Terms: Terms of the Committee Members shall be as follows: a. All terms shall expire on January 31st of the year designated. b. One (1) Community Group member shall be appointed by the Chamber of Commerce for twelve (12) years c. Two (2) Community Group members shall be appointed for a two year term. d. Two (2) Community Group members shall be appointed for a three year term. e. Two (2) Community Group members shall be appointed for a four year term. f. Two (2) City Council appointed members shall be appointed for two year terms. The term shall start on February 1 of odd number years and extend through January 31 of the sub sequent odd number year. g. There shall be no term limits. h. The term shall be held by the appointing Community Groups rather than the individual appointed by the Community Group. If a member appointed by a community group must step down in the middle of his/her term, then the community group may appoint another individual to complete the term. i. Upon the expiration of the term of a Community Group, the Selection Process as described above will be used to select the Community Group that will serve the next term. ARTICLE III - OFFICERS Officers and Officials The members of the Committee shall select one of their members as the chairperson and select one of their members as the vice chairperson, both of whom shall serve one year terms in the designated office. ITEM NUMBER: C-2 DATE: 08/31/15 ATTACHMENT: 1 Chairperson The Chairperson of the Committee shall preside at all meetings of the Committee. Vice-Chairperson The Vice-Chairperson shall perform the duties of the Chairperson in the absence or incapacity of the Chairperson. Secretary The City Manager, or her designee, shall designate a person to s erve as the Secretary to the Committee. The Secretary shall keep the records of the Committee, shall act as secretary at meetings of the Committee, shall record all votes, keep a record of the proceedings of the Committee in a journal of proceedings to be kept for such purpose and shall perform all duties incident to the office. Vacancies When a seat on the Committee becomes vacant, the position will be filled by the agency or organization that originally appointed the former member. Compensation Committee members shall serve without compensation or reimbursement for expenses. ARTICLE IV – RULES OF PROCEDURE The Committee shall abide by these Rules of Procedure. The Rules of Procedure may be amended by a majority vote of the whole Committee from ti me to time as deemed necessary by the Committee. Section 1. Regular Meetings Regular meetings of the Committee shall be held twice a year. Special meetings may be scheduled as needed. The meetings will be held at Atascadero City Hall, Atascadero, California, or at such other locations as the Committee may from time to time designate by resolution or in the notice of call of any special meeting. In the event a day of meeting shall be a legal holiday, said meeting shall be held on the next business day unless otherwise determined by the Committee. Section 2. Quorum Five (5) members of the Committee shall constitute a quorum for the purpose of conducting its business and exercising its powers. Every official act of the Committee shall be adopted by a majority vote of those members present. ITEM NUMBER: C-2 DATE: 08/31/15 ATTACHMENT: 1 Section 3. Order of Business Agenda. The order of business of each meeting shall be as contained in the Agenda prepared by the Committee Secretary. The Agenda shall be a listing by topic of the subjects which shall be taken up for consideration in the following order: Call to Order Roll Call Approval of Agenda Public Comment Consent Agenda Informational Items Business Items Committee Member Comments Adjournment Preparation of Agenda: The staff of the City shall be responsible for the preparation of the Agenda. The Committee, by a majority vote, may direct a n issue within the subject matter jurisdiction of the Committee to be placed upon a future agenda. Delivery of Agenda: The Agenda and related staff reports will ordinarily be delivered to the Committee members via e -mail at least 72 hours preceding the meeting to which it pertains. The Agenda and staff reports shall also be available to the general public at the time they are delivered to the Committee members. Call to Order: The meeting of the Committee shall be called to order by the Chairperson, or in his/her absence, by the Vice Chairperson. In the absence of both the Chairperson and the Vice Chairperson, the meeting shall be called to order by t he secretary to the Committee and the Committee shall select a Temporary Chairperson, who shall serve as the Chairperson for the meeting. Public Comment: Pursuant to Government Code 54954.3, each agenda for a regular meeting shall provide an item entitled “Public Comment.” The purpose of such item shall be to provide an opportunity for members of the public to directly address the Committee on items of interest to the public that are within the subject matter jurisdiction of the Committee. In order to assure that the intent of Government Code 54954.3 is carried out, three (3) minutes is the amount of time allocated for each individual speaker. Consent Agenda: Items of routine nature, and non-controversial, shall be placed on the consent agenda. All items may be approved by one blanket motion upon unanimous consent. Prior to review of the consent agenda, any Committee member may request that any item be withdrawn from the consent agenda for separate consideration. ITEM NUMBER: C-2 DATE: 08/31/15 ATTACHMENT: 1 Maintenance of Order: The Chairperson is responsible for the maintenance of order and decorum at all times. No person is allowed to speak who has not first been recognized by the Chairperson. All questions and remarks shall be addressed to the Chairperson. Section 4. Rules, Decorum and Order Decorum and Order - Committee Members: Any Committee member desiring to speak shall address the Chairperson and, upon recognition by the Chairperson, shall confine himself or herself to the question under debate. A Committee member, once recognized, shall not be interrupted while speaking unless called to order by the Chairperson; unless a Point of Order is raised by another Committee member; or unless the speaker chooses to yield to questions from another Committee member. Any Committee member called to order while he or she is speaking shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Committee. Committee members shall accord the utmost courtesy to each other, to City or Committee employees, and to the public appearing before the Committee and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. Except where specifically authorized by Committee action, no Committee member shall make any statement or give the appea rance or indicate in any way that he or she is representing the Committee. Decorum and Order - Employees: Members of the administrative staff of the Committee shall observe the same rules of procedure and decorum applicable to Committee members. The City Manager shall ensure that all Committee employees observe such decorum. Any staff members, including the City Manager, desiring to address the Committee or members of the public shall first be recognized by the Chairperson. All remarks shall be addressed to the Chairperson and not to any one individual Committee member, staff member or member of the public, unless otherwise permitted by the Chairperson. Decorum and Order - Public: Members of the public attending Committee meetings shall observe the same rules of order and decorum applicable to the Committee. Any person making impertinent and slanderous remarks that disrupt the proceedings and/or prevent the orderly conduct of the meeting shall be removed from the room, and such persons may be barred from further audience before the Committee. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the Chairperson. ITEM NUMBER: C-2 DATE: 08/31/15 ATTACHMENT: 1 Conflict of Interest: All Committee members are subject to the provisions of California Law, such as Chapter 7, Title 9, of the California Government Code, relative to conflicts of interest, and to the Conflicts of Interest Code adopted by the City. Dissents and Protests: Any Committee member shall have the right to express dissent from, or protest to, any action of the Committee and have the reason entered in the minutes. If such dissent or protest is desired to be entered in the minutes, this should be made clear by language such as, “I would like the minutes to show that I am opposed to this action for the following reasons . . . “ Rulings of Chairperson Final Unless Overruled: In presiding over Committee meetings, the Chairperson shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. Any such decision or ruling shall be final unless overridden or suspended by a majority vote of the Committee members present and voting. Section 5. Addressing the Committee Manner of Addressing the Committee: Any member of the public desiring to address the Committee shall wait to be recognized by the Chairperson. After being recognized, the Chairperson may request, but not require, that he/she state his/her name for the record. All remarks and questions shall be addressed to the Chairperson and not to any individual Committee member, staff member or other person. No person shall enter into any discussion without being recognized by the Chairperson. Addressing the Committee After Motion Is Made: After a motion has been made, no member of the public shall address the Committee without first securing permission by a majority vote of the Committee. Limitations Regarding Public Comments and Reports: The making of oral communications to the Committee by any member of the public during the “Public Comments” portion of the agenda shall be subject to a three (3) minute time limit. Section 6. Motions Processing of Motions: When a motion is made and seconded, it shall be stated by the Chairperson before debate. A motion so stated shall not be withdrawn by the maker of the motion without the consent of the person seconding it. Motion to Adjourn: (not debatable) A motion to adjourn shall be in order at any time, except as follows: When repeated without intervening business or discussion; When made as an interruption of a Committee member while speaking; When discussion has been ended, and vote on a motion is pending; and, While a vote is being taken. ITEM NUMBER: C-2 DATE: 08/31/15 ATTACHMENT: 1 Section 7. Voting Procedure Voting Procedure: In acting upon every motion, the vote shall be taken by roll call. The vote on each motion shall then be entered in full upon the record. The Secretary shall call the names of all members seated for a roll call vote. Members shall respond ‘aye,’ ‘no’ or ‘abstain.’ Reconsideration: Any Committee member who voted with the majority may move a reconsideration of any action at the same meeting. If the motion to reconsider passes, then the original item may be reconsidered at that time or agendized for the next meeting which meets any applicable noticing requirements. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without unanimous consent of the Committee. Section 8. Rules Directory To the extent not required by State laws, these rules of procedure shall be considered directory only; and compliance herewith shall not be considered mandatory or jurisdictional. Section 9. Use of Alternative Rules In absence of a rule set forth in these Rules of Procedure to address a given circumstance at a Committee meeting, the Chairperson may employ Rosenberg’s Rules of Order, to the extent allowed by applicable law. ITEM NUMBER: C-3 DATE: 08/31/15 Citizens’ Sales Tax Oversight Committee Staff Report - Public Works Department 2014 Pavement Assessment Study RECOMMENDATION: Committee receive and file report. DISCUSSION: In 2014, PEI was hired to evaluate and update the City’s pavement management software system for the 139 miles of municipally maintained roadways. In March 2015, PEI completed their evaluation and presented their findings to the City Council. At that meeting, the City Council endorsed the “Critical Point Management” methodology for the City’s Pavement Management System and corresponding PCI break points for arterial and collector/residential street classifications. PEI was then hired to develop a Five-Year Capital Improvement Plan for the City’s street system based on the pavement management study and the Critical Point Management methodology. Because the Committee is tasked with reviewing the expenditures made from the sales tax, it is important to understand the PEI report and the methodology used for selecting roads that are repaired. Background: The primary goals of the PEI study were as follows: 1. Provide an accurate and complete inventory of the City’s pavements and their condition; 2. Identify and quantify maintenance and rehabilitation needs and costs; and 3. Provide on-going training and assistance. PEI’s work included visual inspection of all roadways, including measuring distress types and random testing, which was entered into the City’s pavement management software system (StreetSaver®). Field inspections were completed in June 2014 and scenarios finalized in January 2015. The overall weighted Pavement Condition Index (PCI) is 47 on a 100 point scale, which corresponds to “poor” to “fair” existing pavement conditions. Earlier last year, the estimated weighted PCI was reported as 55. This 8-point difference is likely due to the level of inspection performed rather than a sharp drop in actual pavement degradation. ITEM NUMBER: C-3 DATE: 08/31/15 PEI’s inspections were detailed and consistent with industry standards. It is important to keep in mind that PCI numbers are relevant to one another and used as a planning tool for prioritizing where monies are best spent. The breakdown by functional road classification is summarized in the following table: Street Classification Centerline Miles Area (Square Feet) Percent of System Average PCI Arterial 31.97 5,864,600 31.5% 58 Collector 21.62 2,793,731 15.0% 46 Residential 85.57 9,968,764 53.5% 41 Total 139.16 18,627,095 100.0% 47 The following chart and table shows the PCI distribution in the street system: Condition PCI Range Percent of System Excellent – Very Good 100 - 80 7.89% Good 79 - 70 9.47% Fair 69 - 50 28.24% Poor 49 - 25 38.76% Failed 25 – 0 15.65% ITEM NUMBER: C-3 DATE: 08/31/15 Analysis – Prioritizing Projects The following illustration identifies where the City’s current PCI is on the typical pavement life curve. There are three common strategies in pavement management and project prioritization: 1. “Best First” – focuses on keeping best conditioned streets in good condition; 2. “Worst First” – focuses on improving the worst conditioned street; and 3. “Critical Point” – focuses on preventing streets from dropping into PCI ranges that trigger more expensive maintenance and improvements. There are economical, safety, and social/political considerations in each of the strategies. The first two strategies are short-sighted and will allow roadways to degrade and slip into a more costly PCI range for needed improvements. The critical point strategy in a long-range methodology that maintains and improves roadways before they slip into a more costly PCI range. Roadways are then treated with a corresponding maintenance or rehabilitation treatment before degrading into a more expensive treatment. A key provision in critical point management is to define the PCI values that separate the categories used to select the type of maintenance and rehabilitation. A separate set of break points were used for arterial and local (collector/residential) classifications based upon traffic volumes, truck loading, and disruptions to the most properties and public. The following table summarizes the break points developed into the pavement management system: ITEM NUMBER: C-3 DATE: 08/31/15 Class Treatment Treatment Cost (Area) Break Points (PCI) Arterial Collector/Residential I Light Maintenance $ 100 - 70 100 - 70 II Heavy Maintenance $ x 4 70 - 50 (non-load)* 70 - 30 (non-load)* III Light Rehabilitation $ x 8 70 - 50 (load)* 70 - 30 (load)* IV Heavy Rehabilitation $ x 16 50 - 25 30 - 10 V Reconstruction $ x 32 25 – 0 10 – 0 *distress type due to a load or non-load sources Roadways are categorized as arterial, collector, and residential. In accordance with the polling results, local roads including collector and residential roads are identified as priority candidates for funding from the new sales tax revenue. While allowe d, arterials would be considered a secondary use of the sales tax proceeds at this time. The pavement management strategies developed will provide the lowest life cycle costs for the roadway system – which has a current replacement value of $263 million. Applying the right treatment to the right pavement at the right time using the right materials will maximize the system PCI rating while providing the lowest life cycle costs. The next step in the Pavement Management Program was to develop a list of projects based upon the budget scenarios and management strategies in the StreetSaver ® program. The list was developed to maximize the use of available funds to keep the overall roadway system at the highest PCI possible. The list developed by PEI, with the assistance of staff was then incorporated into the upcoming Capital Improvement Program and funds were programmed into the 2015-2017 budget. At future meetings, staff will be bringing forward additional information on the speci fic projects included in the current Five Year Capital Improvement Program, historical street repair expenditure information, and City methodology for funding road repair projects. FISCAL IMPACT: None ATTACHMENTS: None