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HomeMy WebLinkAboutMinutes 1993-07-13143 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JULY 13, 1993 CITY COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA The City Council of the City of Arroyo Grande met at 7:30 P.M., with Mayor Matthew Peter Gallagher, III, presiding. t & 2 FL_AG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to Our Flag and the Rev. Roy Fruits of Grace Bible Church Adult Ministries delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy, Bernard Burke and Gene Moots. Absent was Council Member James Souza. Staff Members present were City Manager Chris Christiansen, City Attorney Roger Lyon, City Clerk Nancy Davis, Finance Director David Bacon, Parke and Recreation Director John Keisler, Chief of Building and Fire Kurt Latipow, Police Commander Bill Andrews and Public Works Director Van Laurn. S. CONSENT AGENDA It was moved by Brandy/Burke, and the motion passed unanimously to approve Consent Agenda Items 5.a. through 5.h., with the recommended courses of action. 5.e. Proclamation, "Parks and Recreation Month," July, 1993. The proclamation was accepted by Mr. Keisler. 5.b. June 17, 1993, Budget Study Session Minutes. Approved. 5.c. June 22, 1993, City Council Minutes. Approved. 5.d. July 7, 1993, Senior Advisory Commission Minutes. Information. 5.e. June, 1993, Investment Report. Information. 5.f. Second Quarter, sales Tax Revenue Report. information. 5.g. 1993 Landmark Tree Inspection. Approved. 5.h. Letter from Ross N. McGowan, 241 Corbett Canyon Road, Regarding Construction of Curb, Gutter, and Sidewalk as a Condition of the Building Permit for Construction. Referred to Planning Commission. 6, REGISTER OF CHECKS It was moved by Burke/Moots, and the motion passed unanimously to approve Cash Disbursements in the amount of $594,786.660 as listed in the June 16, 1993, Staff Report of Finance Director Bacon. City Attorney Lyon saw t:nis was a conzlnueu vuwxal uoaa a,.y. He referred to his memorandum of July 7, 1993, and one written on the same date by the Public Works Director. He said they were jointly meeting, that the off -site drainage conditiions a representedby 144 ` CITY COUNCIL MINUTES JULY 13, 1993 throughConditions 1 eliminated based of appeals interpretati nof what could be applied to ocourt a four-way lot split - He said that interpretation deals only with conditions that are necessary to protect the four proposed residential lots from flooding. He said based on that, the Public Works Director had recommended the requirement would be fulfilled by Condition No. 6. The City Attorney said the applicants had written a letter requesting that the matter be continued because their attorney was out of the country and their client was not able to be at this meeting. He said it is up to the Council as to whether or not to continue the matter. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the Public Hearing open and said all persons would be heard regarding the matter. MIRE LEES of 610 Myrtle said he was against the City's proposed drainage improvement involving the easement behind his house. He said the easement is only six feet wide and the proposed improvement could disturb the foundation of his home. ELLA HONEYCUTT of 560 Oak Hill Road showed the Council photographs of 1962, 1969 and 1978 flooding in the area. She said the offiial 25photographs f year book She said there is a history of floodingDistrict'srom the Resource conservation on that property. The City Attorney requested that the photographs be made a part of the record. No one further came forward to speak. Council Members said they would prefer to take any actions concerning the Drainage Improvements Conditions 1 through 5 when the applicant could attend the meeting. Mr. Lyon said he did not think a two -week continuance would g on make reat deal of and the applicants. He saidto the linitgation the letter received between thecityon July 12, 1993, from the applicant's attorney there was a waiver of claims for damages during the period of continuance. it was moved by Hoots/Burke, and the motion passed unanimously to continue the public hearing to July 27t 1993, at the request of the applicant. I10a)Mr. Christiansen explained how the budget crisis had come about. He said two years ago the City discharged 15 employees because of the City's monetary . He said the takings in the last two years had iincluded eS(1) 50 percent State of the vehicle fines, (2) all of the cigarette tax, (3) all of the trailer license fees in lieu, (4) a portion of the City's gasoline text (5) $371,000 in property taxes, (6) prisoner booking fees paid to the County, and (7) three percent for property tax administration paid to the County. He said the State has taken from the City a total of $617,000. He said over three years that amounts to ,$1.8 million. He said the City has not had large reserves to cover amounts such as this. He referred to letters the City had received from residents 2 145 CITY COUNCIL MINUTES JULY 13, 1993 who objected to the proposed Utility Users Tax. Mayor Gallagher said to get to a zero budget, the Council has proposed a five percent Utility Users Tax and increasing the Transient Occupancy from six percent to 10 percent. After being assured that the Public Hearing had been duly published and all legal requirements met, Mayor Gallagher declared the Public Hearing open and said all persons would be heard regarding the matter. Speaking against the proposed taxes were RAY TROLL of 804 Covington Drive; MR. LEES; DORMAN BUTTRAM and JERRY BAKER of the Grand Avenue Motel, 617 Grand Avenue; NICK PATEL of the Arroyo Grande Motel, 611 El Camino Real; JANET MARTINEZ of 569 Bakeman Lane; BURTON BAUMP of 824 Devonshire; SADIE KROVIOUS of 855 Virginia Drive; ROGER METZ of the Casa Grande Motel, 850 Oak Park Road; EVELYN C. TALLMAN of 532 Carol Place (Mrs. Tallman read a letter from LLOYD and JUNE MYERS of 516 Carol Place); RUTH BOGART of 201 N. Elm; JIM DORSI of 579 Gularts Road, and BOB BONEN of State Farm Insurance, 708 Grand Avenue. Points made by the above speakers included: 1. The Utility Users Tax is unfair and punitive. 2. Council should consider assessing each household and business a fixed amount instead of adopting a Utility Users Tax. 3. More City services should be reduced instead of the proposed taxes. 4. Tourists will stay in motels in Pismo Beach rather than pay the proposed 10 percent Transient Occupancy Tax in Arroyo Grande. 5. Motel business in the City is already down 20 percent and the Transient Occupancy Tax will hurt it even more. 6. Residents of Arroyo Grande are already suffering economically from decreases in Medicare and other services, and are expecting new taxes from the federal government. 7. There should be no new taxes but only increases on taxes that are already being applied. a. The Utility Users Tax should be evaluated every year, and any monies that become available to the City should replace the tax. 9. increased Transient Occupancy Taxes do not increase City revenues because fewer people will stay at the motels. 10. When the utility rates increase, the tax amounts also will increase. 11. There should be provisions made for those who are on low incomes. 12. City staff should be cut, certain buildings and land should be sold, the Planning Department eliminated, and other City services cut before taxes are increased. MRS. HONEYCUTT replied to the remarks about eliminating the city's Planning Department and said there were many problems in the days before the City was able to hire a professional planner. She said because of complex laws, the State would be running the City if there was no Planning Department. 3 146 ' CITY COUNCIL MINUTES JULY 13, 1993 When no one further came forward to speak, Mayor Gallagher said the Public Hearing would be continued to the regular Council meeting of July 27, 1993. Mr. Christiansen referred to the July 7, 1993, Staff Report of the Public Works Director, who recommended that the Council authorize staff to adjust the acreage component of the sewer connection fee for the subject project to the equivalent of a 15,000 square foot area. Mr. Christiansen said the request for relief of sewer fees is reasonable since the proposed single family residence would occupy a portion of a presently undeveloped 16-acre parcel zoned agriculture. It was moved by Burke/Brandy, and the motion passed unanimously to follow the staff recommendation. 8.B RESOLUTION ESTABLISHING PARKING PENALTIES AND A PENALTY FOR La"AIRM Mr. Christiansen referred to the June 30, 1993, Staff Report of Police Commander Andrews, who recommended that the Council approve a Resolution establishing parking penalties, late payment penalties and other administrative charges. He said all parking violations have been decriminalized by the State and it is necessary for the City to adopt its own penalties. Council Members discussed raising some of the penalties higher than those proposed in the Resolution. Council Member Brandy pointed out that if the Arroyo Grande and Grover Beach Police Departments share services, penalties would have to be coordinated so there would be consistent application. Commander Andrews agreed and said he would return to the Council with the proposed penalties at the first meeting in September, 1993. in this matter and left the room. Mr. Christiansen recommended that the council direct the Planning Commission to consider height limits as outlined on the map included in the Agenda packet. He said the issue revolves around the viewshed problems the City had been experiencing in the last couple of years. He said possibly by reducing height limits, that presently exist at 30 feet to something less, citizen concerns may be alleviated. Council Member Moots suggested that the boundary on the map be expanded to include upper Montego street. Council Members agreed with the City Manager's and Council Member Moots' recommendations and directed the Planning Commission to consider the height limiter in the suggested area. 810AGgEEMENT WITH COUNTY OF SAN LUIS OBISPO CONCE_eNING THE "FIVE ACRES" OF PROPERTY LOCATED ON WEST BRANCH STREET Mr. Christiansen said after several years of hard work especially by Supervisor Ruth Brackett, the City finally has an agreement concerning the "Five Acres" that is acceptable to all parties. He recommended that the agreement be approved and the Council establish a policy that the "Five Acres" be set aside for a YMCA. 147 CITY COUNCIL MINUTES JULY 13, 1993 Council Members discussed whether or not to designate the YMCA for the site or to simply approve the proposed agreement, which they said was general in nature. It was moved by Moots/Burke, and the motion passed unanimously to approve the agreement between the City of Arroyo Grande and the County of San Luis Obispo, including Exhibits "A" and "B." (The agreement included the relaxing of the deed restriction on Parcel 1 and providing the County the ability to conclude a lot line adjustment on Parcel C.) Council Members agreed to the joint meeting, but requested information on the complicated subjects to be discussed at the meeting. Mr. Christiansen said the Planning Commission would be seeking direction from the Council on the subjects. Mr. Christiansen described an alternate method of County distribution and collection of property taxes for the City. He said the County would collect the taxes and retain all levies and penalties. He said the City would receive a one-time windfall of $227,000. He said the City would learn within two months what the benefits to the City would be if it subscribed to the program. He said the City could withdraw from the program in September, 1993. There were Council questions and discussion. Council Members decided to approve a resolution agreeing to the alternative program, but to accompany the resolution with a letter stating that the City may want to withdraw. It was moved by Burke/Brandy (4-0-1, Burke, Brandy, Moots and Gallagher voting aye, Souza absent) to approve Resolution No. 2995 Agreeing That the Alternative Method of Distribution of Property Tax Levies and Assessments be Applicable to Tax Levies Made by the County of San Luis Obispo on Behalf of the City of Arroyo Grande. The Council also voted to send a letter to the County stating that the City retains the option to withdraw from the program. o_ WRITTEN COMMUNIC_TIONS Mayor Gallagher congratulated the Police Department K-9 Unit for winning gold and bronze medals in the statewide Police Olympics. it was pointed out that Arroyo Grande's unit was competing against units from large cities like Sacramento and Los Angeles. 10 ORAL. COMMUNICATIONS Council Member Brandy suggested looking into increasing the business license tax and perhaps decreasing the proposed Utility Users Tax or the Transient Occupancy Tax. Council directed Staff to figure how such revenue would be raised if this were done. 11, CLOSED SESSION None. 5 CITY COUNCIL MINUTES JULY 13, 1993 It was moved by Brandy/Burke, and the motion passed unanimously to adjourn the meeting at 9:30 P.M. MA HEW PETER GAL H , Jeft MAYOR ATTEST: ,lQay.a� NANCY A DAVIS, CITY CLERK