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Minutes 1994-01-25 c . . . -.. MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 25, 1994 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. 1. & 2. FLAG SALUTE AND INVOCATION Mayor Gallagher led the Pledge of Allegiance to our Flag, and the Rev. Dr. Norman F. Somes of st. Barnabas Episcopal Church delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy, Bernard Burke, Gene Moots and James Souza. Staff Members present were Acting city Manager Rick TerBorch, city Attorney Roger Lyon, City Clerk Nancy Davis, Finance Director David Bacon and Planning Director Doreen Liberto-Blanck. 4. ORAL COMMUNICATIONS None. 5. CONSENT AGENDA It was moved by Burke/Souza, and the motion passed unanimously to approve Consent Agenda Items 5.a. through 5. d. , with the recommended courses of action. 5.a. Proclamation, "Scouting Anniversary Week," February 6 - 12, 1994. Mayor Gallagher presented the proclamation to Tom Grimes, 5.b. January 11, 1994, city Council Minutes. Approved. 5.c. Fourth Quarter, 1993, Departmental Monthly Reports. Information. 5.d. Revised General city Audit Contract. Mayor authorized to sign. It was moved by Souza/Burke, and the motion passed unanimously to approve consent Agenda Item 5.e. council Member Souza requested that Finance Director Bacon review the report at the council Meeting of February 8, 1994. 5e. Six-Month Report of Revenues and Expenditures in the General Fund of the City. 6. REGISTER OF CHECKS It was moved by Burke/Brandy, and the motion passed unanimously to approve Cash Disbursements in the amount of $561,191.32, as listed on the January 20, 1994, Staff Report of Finance Director Bacon. 1 < . . <~ CITY COUNCIL MINUTES JANUARY 25, 1994 7.A. PUBLIC HEARING - UPDATE OF TRAFFIC FEE PROGRAM. INCLUDING. BUT NOT LIMITED TO, MODIFICATION OF METHOD CALCULATING TRAFFIC FEE: CITYWIDE Planning Director Liberto-Blanck referred to her January 25, 1994, Staff Report on the Updated Traffic Impact Fee Program. She said the Planning Commission, after holding a public hearing on December 21, 1993, and joint meetings with the Traffic Commission on August 12, 1993, and September 21, 1993, recommended that the Council conduct the first reading of the proposed ordinance. Council Members asked questions of the Planning Director concerning when the Traff ic Impact Fees would be imposed, and how much the fees ; would be. I I I I The Planning Director pointed out that the ordinance would be I effective 30 days after it is adopted and the Resolution establishing -,I the fees would become effective 60 days after adoption. She said only those buildings that are new and require new certificates of occupancy or are increasing the intensity of the use would have to pay Traffic Impact Fees. 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. TIM QUIGGLE AND HEATHER JENSEN of the Chamber of Commerce praised the Planning Director and the city Council for another step taken to improve the economic viability of the city. When no one further came forward to speak, Mayor Gallagher closed the hearing to the floor. Mayor Gallagher asked how much the city has in the Traffic Fund, and the Planning Director said close to $100,000. She said the City felt if it could go ahead and get the fees, match those funds with State or Federal funds and then complete some necessary city projects. council Member and Staff discussed the ordinance amendments further. The Planning Director asked if someone wanted to amend his or her project before the ordinance actually becomes effective would he or she then submit the amendment to the Council and ask it to review it. The City Attorney said yes, but it would be a policy question and the Council is going to have to decide whether or not it wants to entertain amendments that deal with requests to refund fees that were committed under the old program. He said that should be discussed as a policy matter by the Council. The City Attorney said there could be a report and the Council could consider it at the second reading of the proposed ordinance. The Council agreed. 2 , : , I , ',~ T '" 4',,_ . CITY COUNCIL MINUTES JANUARY 25, 1994 It was moved by Brandy/Burke and the motion passed unanimously to wai ve the reading of the entire ordinance. The Acting City Manager read the title of the ordinance. Mayor Gallagher said that constituted the first reading of the ordinance. The city Attorney said the first blank in the ordinance on page 2 should be filled with, "a date two years from the effective date of the ordinance," and the second blank on that page should be filled with, "the effective date of the ordinance." It was moved by Brandy/Burke, and the motion passed unanimously to continue this agency item until the next scheduled Council meeting on February 8, 1994. 8.A. ijEW BUSINESS - REPORTS FROM VARIOUS COMMITTEES 1. South San Luis Obispo County Sanitation District Mayor Gallagher said the District still is discussing Grover Beach's participation on the board. He said the board is awaiting the final report for the off-shore mussel sampling to determine the extent and cause of any contamination. He said the City's Finance Director is researching the two investments in funds made by the Sanitation board to see which is better. 2. South county Area Transit. No Report. 3. Council of Governments Council Member Burke said the COG covers the Regional Transit Author i ty Agenda. He said two runabout vans were purchased, and the COG extended the dialysis treatment transportation contract. There was a discussion of the ridership on the CCAT businesses, and Council Member Moots said one of the major problems is that the County does not have a large nucleus of people and therefore mass transit does not payoff here. council Member Burke said the COG approved the funds to be used by Arroyo Grande for ways to improve traffic conditions on Highway 227. He said the vote to do away with the "super vote" was defeated by the use of a "super vote." Mayor Gallagher said he had received a letter from Assembly Member Andrea Seastrand saying she had contacted the California Department of Transportation on behalf of the city, communicating its desire to receive help in solving regional transportation problems. 4. Solid Waste Task Force Committee council Member Burke said the Committee had elected Sue Mullen as 3 ~- . ~ CITY COUNCIL MINUTES JANUARY 25, 1994 chairperson and Harry Ovitt as vice-chairperson. He said a subcommittee had been appointed to deal with the Joint Powers Agreement. He said a meeting was proposed to discuss the Source Reduction and Household Hazardous Waste Elements. He said in compliance with AB939, the Council will be holding a public hearing on February 8, 1994, on four proposals - Source Reduction and Recycling Element, Household Hazardous Waste Element, the JPA proposal and the Draft Environmental report. 5. Zone 3 Water Advisory Committee Council Member Brandy said the participation of Santa Barbara in the cloud seeding program did not take place. He said the State had i approved filling Lopez Lake to 72 percent. He said State officials are I reviewing the seismic study of Lopez Dam and will be reporting soon. He I said the committee is rewriting the Drought contingency Plan to submit I to the State. Council Member Brandy said he objected to the expenditure .' --' of $200,000 (as corrected at the 2/8/94 Council meeting) to restore four restrooms at Lopez Lake. He said he recommended solar energy be utilized at the restrooms. He said the committee had refused to spend $37,800 for the State to complete a five-year report and survey concerning surface water treatment regulations. 6. County Water Advisory Board No Report. 7. Long-Range Plan Update Committee No Report. 8. Chamber of Commerce Economic Development Committee Council Member Souza said the committee met with the consultant and learned the results of the recent economic survey. He said the committee would like to report to the Council in February. He said his subcommittee on developing new business and retaining existing business was going to tour the city and generate a commercial vacancy data base. 9. Coordinated Agriculture support Program Council Member Souza said an update on the progress of the program had been given to the Planning Commission on January 18, 1994. He said the city Staff and the Coastal Conservancy are working on a session for local land owners to discuss farmland trusts. He said the program has some potential but the land owners are skeptical of government intervention. He said the land owners should develop the program and use it as a resource. 8.B. REPORT OF COUNCIL ACTION ON PERSONNEL MATTER Acting city Manager TerBorch said the City Council, at its January 11, 1994, meeting in Closed Session, unanimously authorized the termination of the at-will employment of Van Laurn, city Engineer/Public Works Director. 4 ---' . . ~ CITY COUNCIL MINUTES JANUARY 25, 1994 9. WRITTEN COMMUNICATION Mayor Gallagher read a report from the San Luis Obispo County Juvenile Justice commission praising the Arroyo Grande Police Department's personnel, facility and the handling of juveniles. The Mayor said the city appreciated the efforts of the Police Chief and Staff. 10. ORAL COMMUNICATIONS None. 11. CLOSED SESSION None. 12. ADJOURNMENT It was moved by Burkejarandy and the motion passed unanimously to adjourn the meeting at 8:35 P.M. MATTHEW ATTEST: ~ CC. ~ NANCY A. AVIS, CITY CLERK 5