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Minutes 1993-01-26 " ~ 81 MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, JANUARY 26, 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 Pro Tem Gene Moots presiding. 1. & 2. FLAG SALUTE AND INVOCATION Mayor Pro Tem Moots led the Pledge of Allegiance to our Flag, and the Rev. Dale Burke of Grace Bible Church delivered the invocation. 3. ROLL CALL Present were Mayor Pro Tem Moots and Counci I Members Drew Brandy, Bernard Burke, Gene Moots and James Souza. Mayor Matthew Peter Gallagher,III, arrived at the meeting at 9:05 P.M. Staff "- Members present were City Manager Chris Christiansen, City Attorney Judy Skousen, City Clerk Nancy Davis, Planning Director Doreen Liberto-Blanck and Director of Building and Fire Kurt Latipow. 4. ORAL COMMUNICATIONS DAVE CAMPBELL of 451 Platino Lane spoke to the Council, and said he was in favor of the Rancho Grande Park as proposed, with full field use by teams. He said the concept of a passive park is a waste, and even though Strother Park is a passive park, there are teams practicing there. He said James Way is the least traveled east/west thoroughfare in the city. He said volunteers (some from out of the city) have built many facilities in the City, and professionally trained people and equipment would work on the park, saving the City money. He said Arroyo Grande has never prohibited kids of from other areas from using its parks. He said no one had objected to tennis courts, and he believed that they contribute more traffic on an annual basis than all other uses combined. He said he was in favor of fields for team use with lighting until 10 P.M.; tennis courts with lights paid for by the users; basketball courts: horseshoe pits, and anything else that can be put in the park for community use. He said if this Council does not vote in his favor ooncerning the park, he would reserve the right to express his displeasure at the ballot box, not in the courts of law. AMY TRUHLAR of Grover Beach spoke in favor of building the park according to the original plan. She said she had been involved in girls' softball for six years and, even though there are more girls participating and more fields are needed, there have been no new fields constructed. She said the park would be a great boost for the five cities area. MELVIN CALDWELL, Player Representative for Arroyo Grande Little League, said more than 500 children will be involved in Little League this year. He said more fields are needed. He said the more we support the children, the more they will contribute to the community in the future. JIM GUITON of 1142 Vard Loomis Lane said he had lived next to ~ Strother Park for six years and had never had a bad experience or misgivings for living next to a park. He said he was involved in youth soccer and Little League baseball, and the need for more fields is increasing. He said the need to provide a place for people of all ages to play should outweigh any negatives concerning the park. JOHN EDGERTON of 2288 Branch Mill Road said he had coached youth soccer and baseball, and there is a desperate need for more fields. He asked the council to move ahead on an active park, and the people of Rancho Grande to find compassion in their hearts, join hands and make this a park to be proud of. ~'.. 1 -'....' , , " " 82 - CITY COUNCIL MINUTES JANUARY 26, 1993 DENNIS DONOVAN of 337 Gularte Road said the developer deeded the park property to the City and the city should take advantage of that. He said if the zoning is right and fire access is solved, the Council should go ahead and approve the park. He said the "silent majority" of Arroyo Grande and the Five cities area want and need the park. TRACY THOMAS of 1152 Outland Court said play fields are desperately needed and Rancho Grande Park will give the city one more field. She said the City should no longer depend on schools to provide play fields for the youth leagues because the fields will be used for portable classrooms in the future and the schools can no longer afford crews to maintain the fields. She said the city's Parks and Recreation Element of the General Plan states that it is the overall goal of the city to adequately provide for recreational needs of the Arroyo Grande residents and visitors. -- She said the Parks and Recreation Element states that Community Parks shall include play fields for baseball, softball, soccer, football, volleyball, tennis courts, restrooms and picnic areas; and the city should continually assess the ever-changing recreational needs of the community. She said there was overwhelming support to provide for organized play within this community park. SAM TRUHLAR of Grover Beach said he was involved with youth softball. He said what the Council decides about Rancho Grande Park will have a lot to do with how the whole area develops. He stated his support for the park as originally planned. Mayor Pro Tem Moots said that at the special Rancho Grande Park meeting of February 4, 1993, he would like to hear any information relevant to the park. 5. CONSENT AGENDA It was moved by Souza/Burke, and the motion passed unanimously to approve Consent Agenda Items 5.a. and S.b., with the recommended courses of action. 5.a. Fourth Quarter, 1992, Departmental Monthly Reports. Information. S.b. community Service Award Presented to Gee soto, California Park and R~creation Society, Inc., District VIII. Information. 6. REGISTER OF CHECKS It was moved by Souza/Brandy, and the motion passed unanimously to approve cash disbursements in the amount of $543,465.70, as listed in the January 20, 1993, Staff Report of Finance Director David Bacon. 7.A. PUBLIC HEARING - GENERAL PLAN UPDATE OF THE HOUSING ELEMENT: CITYWIDE The Planning Director referred to her Staff Report of January 26, 1993, and recommended that the Council accept pUblic testimony: provide comments: authorize submittal of the Housing Element to the '-- State Housing and community Development Department for the required 45-day review period, and continue the public hearing to a date uncertain. She introduced Michael Multari of crawford, Multari and .~ ~ Starr, consultant working on the Housing Element of the General . Plan. After being assured that the PUblic Hearing had been duly published and all legal requirements met, Mayor Pro Tem Moots ~eclared "1rhe 'hearing open and said all persons would be heard . r.egarding the matter. 2 .. 83 CITY COUNCIL MINUTES JANUARY 26, 1993 ED DORFMAN of 224 La Creste urged the council to spread the burden of providing a fund for low cost housing to all the taxpayers in the City, rather than charge in lieu fees on new development. SCOTT SMITH of People's Self Help Housing praised the Council for its concern about low cost housing in the city. He said this is critical because if the city does not have a Housing Element found in compliance by the State, it cannot obtain many of the state and Federal funds that are necessary to reach the lower inoome level to subsidize the costs. ERNIE SARINA of 435 La Point Street said there is a real need for low income housing in Arroyo Grande. "- MARJORIE CASH of 645 Crown Hill praised the Council for facing up to "the problem of low cost housing and said an adequately housed community is a more stable community. She said it is important to not let affordable housing be torn down, unless affordable housing replaces it. She said it makes sense to live where you work in order to save energy. she said there is a recommendation in the Housing Element to have a HousinqAuthority in conjunction with the County and nearby cities so that progress can be measured. There being no further pUblic discussion of the matter, Mayor Pro Tem Moots closed the hearing to the floor. Council Members discussed the funding mechanism for low cost housing. Council Member Burke said he was opposed to a tax on all residents of the City, but would favor in lieu fees on new development. Council Member Brandy said the support of tne entire community will be needed to reach the goals of low cost housing. He asked Staff to Oomment on how to hold low cost housing st a designated number of years. Mr. Multer! said there are mechanisms for moni toring that and terms can be set at the discretion of the Council. Council Member Brandy suggested that developers could be asked to ~rovide more low cost housing in exchange for the housing remaining affordable for fewer years. Council Member Souza said all residents would have to support a program to establish a low income housing fund, because there is no development in the City at this time to pay fees. Council Member Burke said the City would not get tax monies when the tax would have to be approved by a two-thirds vote of the people. Council Member Moots said both options of a City-wide tax and in-lieu fees should remain in the Housing element to allow for flexibili ty. Mr. Christiansen referred to a January 26, 1993, letter from Burtram Johnson, consultant for Kingo Kawaoka Farm who asked that the Housing Element not be heard, considered or approved until a ~ later date when property owners could review and respond to changes. Mr. Christiansen said the public hearing was properly noticed. Council Member Brandy suggested that anyone wishing to remove their property from the low income housing designation would have to pay a pre-payment penalty to get out of the plan. Mr. Smith recommended that the Council leave all funding opt!ons"!n:the element for maximum flexibility. \ , . Council Members made suqqestions for changes in the element 3 84 '. CITY COUNCIL MINUTES JANUARY 26,1993 regarding terms the housing would remain low income and the funding mechanism for creating a low income housing program. council Members direoted Mr. Multari, Ms. Skousen and Ms. Liberto-Blanck to reflect those changes by reword!nq the various sections before sendin~ the element to the state. Mr. Multar! said further changes would be allowed by the state as long as they were not substantial changes. It was moved by Souza/Brandy, and the motion passed unanimously to authorize the submittal of the Housing Element to the state Housing and COllUllunity Development Department for the required 45 dal review period, and continue the pUblic hearing to a date uncerta h. 7.B. PUBLIC HEARING - TRASH PICKUP RATE INCREASE OF 3.8 PERCENT. OR 9.30 PER MONTH, FOR RESIDENTIAL USERS AND COMMENSURATE AMOUNTS FOR COMMERCIAL U8ER:J. AS A RESULT OF AN INCREASE IN RATES AT COLD CANYOff LARDF:ILL LEVIED BY THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS' CITYWIDE Mr. Christiansen said the County Board of Supervisors had granted Cold canyon Landfill a tipping fee increase of $3.10 per ton, effeotive February 1, 1993. He said the current rate of $21.45 increased to $24.55 per ton for the city. He said the council's "Garbage CODllllittee," consisting of Mayor Pro Tem Moots and himself, had reviewed the increase and recoDllllended that the "pass through" be adopted. After beihq assured that the PUblic Hesring had been duly published and all legal requirements met, Mayor Pro Tem Moots declared the hearinq open and said all persons would be heard regarding the matter. DICK FRANKS of 879 Fair Oaks Avenue said residents should be rewarded for reoycling. He said if a resident uses the land fill less, his trash bill should be reduced. He said there should be competition, and if the trash company did not have a monopoly, there "ould be more equitable rates. He said there should be incentive and inspiration to recycle. There being no further discussion on the matter, Mayor Pro Tem Moots closed the hearing to the floor. Council Members discussed the matter, and the ma jor! ty decided that the increase "as necessary. council Member Brandy said the county shoUld absorb some of the increased costs, and that it should not always be passed on to the oitizens. It was moved by Souza/Burke (3-1-1, souza, Burke and Moots voting aye, Brandy voting no, Gallaqher absent) to approve Resolution No. 2967 Amending Current Disposal Service Franchise Agreement Rates, Effective February 1, 1993. MAYOR tur.r.AGHER !:NTERED THE MEETING AT 9105 P.M. AND TOOK OVER THE GAVEL 8.A. LONG-RANGE PLAN UPDATE Council Members discussed updating the Long Range Plan and directed staff to seek committee participation from staff, the Chamber of commerce, the Villsge Association, other interests in the city and a member of the publio. 4 -'--, ---- , - . 85 \ CITY COUNCIL MINUTES JANUARY 26, 1993 .. . 8. B. SAN LUIS OBISPO COUNTY ICDF AND CITY OF ARROYO GRANDE AUT9MATIC AID AGREEMENT It was moved by Moots/Brandy, and the motion passed unanimously to approve the City of Arroyo Grande/San Luis Obispo county/california Department of Forestry and Fire Protection Autoaatic Aid Agreement. p.C. RESOLUTIOtf ~CCEPTING THE TRANSF~ OF APJ>>LIC~T STATUS FOR TWO NON-URBAN COUNTY PROPOSITION 116 PROJECTS It was moved by Moots/Brandy (5-0-0, Moots, Brandy, Souza, Burke and Gallagher voting aye) to approve Resolution No. 2968 Accepting the Transfer of Applicant Status for Two Non-Urban County " Proposition 116 Projects. 8. D. RESOLUTION ijEOUESTING THE SAN LUIS OBISPO COUN,\,YaQARD OF ...... SUPERVISORS TO INSURE THE PINANCIAL STABILITY Of UNALLOCAf~Q STATE WATER It was moved by Moots/Brandy (5-0-0, Moots, Brandy, Burke, Souza and Gallagher voting aye) to approve Resolution No. 2969 Requesting the San Luis Obispo County Board of supervisors to Insure the Financial stability of Unallocated state Water. 9. WRITTEN COMMUNICATIONS None. 10. ORAL COMMUNICATIONS None. 11. C~SED SES~ION It was moved by Moots/Souza, and the motion passed unanimously to adjourn the meeting at 9:30 P.M. to a Closed Session on potential litigation pursuant to Government Code section 54956.9 (b) (1) . 12. ADJOURNKE"T It was moved by motion passed unanimously to adjourn the meeting at ~ m ATTEST. ~ a. ~ . NANCY A DAVIS, CITY CLERK -. '.