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Minutes 1994-03-22 I . 249 MINu'rES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 22, 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. James wickstrom of Berean Bible Church delivered the invocation. 3. ROLL CALL Present were Mayor Gallagher and Council Members Drew Brandy and Bernard Burke. Absent was Council Member James Souza. Staff '- members present were city Manager Chris Christiansen, city Attorney Roger Lyon, city Clerk Nancy Davis and Director of Planning Doreen Liberto-Blanck. 4. ORAL COMMUNICATIONS BOB SHUTT of 520 Nelson Street thanked the city for painting the crosswalks on Traffic Way, and urged it to continuing studying other areas of the city that may need crosswalks, especially routes that children take t? school. SPECIAL AGENDA ITEM Mayor Gallagher read a letter of resignation to the city Council from Council Member Gene Moots. In the letter, Mr. Moots said that because of health reasons he was submitting his resignation, effective immediately. He said he would continue to be a concerned and interested citizen of Arroyo Grande, and that he was truly sorry that he could not fulfill his term. Mayor Gallagher said the resignation was accepted with deep and profound regret. He said Mr. Moots was a fine gentleman who has the sincerest concern for the City of :Arroyo Grande. Mayor Gallagher said the Council would take action to appoint a new city council Member. He invited any interested citizen to go to city Hall and make application for the Council seat. He said the alternative to appointment, holding a special election, would be too expensive for the City. 5. CONSENT AGENDA It was moved by Burke/Brandy, and the motion passed unanimously to approve Consent Agenda items 5.a., 5.b. and S.d. through 5.f., with the recommended courses of action. 5.b. Request to Purchase Budgeted Item: Pickup Truck; Public 1 '- '25'0 CITY COUNCIL MINUTES MARCH 22, 1994 Works Department. Awarded to low bidder. 5.d. Annual Arroyo Valley Car Show; Saturday, July 30, 1994. Approved and departments to be notified. 5.e. Joint Meeting of County Planning Commission with Arroyo Grande Planning commission, April 28, 1994, 6:30 P.M., County Board of Supervisors Room. Information. 5.f. Resignation from Mary Ann Alves-Wright, Teen Advisory Committee Member. Accepted with regrets. It was moved by Burke/Brandy, and the motion passed unanimously to approve Consent Agenda item 5.b., with the bid going to Aqua Systems, Inc. of Arroyo Grande. 5.a. March 8, 1994, city council Minutes. Approved. Council Member Burke said that Aqua Systems was not the low - bidder but its bid was only $253.00 more than the low bidder. He said the Council should favor local firms whenever possible. He said the low bidder was located in Corona, and any service calls would be long-distance. He said the city also would benefit from the local firm's sales tax. The City Attorney said this bidding process was not like a public works project where the City must accept the low bid. 5.c. Request to Purchase Industrial Washer and Dryer; Budgeted Item; ,Fire Department. Awarded to Aqua systems, Inc. 6. REGISTER OF CHECKS It was moved by Burke/Brandy, and the motion passed unanimously to approve Cash Disbursements in the amount of $590,046.53, as listed in the March 16, 1994, Staff Report of Finance Director David Bacon. 7.A. CONTINUATION OF PUBLIC HEARING - UPDATE OF TRAFFIC FEE PROGRAM: RESOLUTION SETTING FORTH THE AMOUNT OF PUBLIC FACILITY IMPACT FEES Mr. Lyon said the ordinance establishing the Traffic Fee program had been adopted already and this resolution set the fees for traffic mitigation. 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. JIM MC GILLIS of 448 Dixson street, representing Tract 1769, said the people who will buy the lots in the tract are being 2 . . 251 CITY CpUNCIL MINUTES MARCH 22, 1994 discriminated against. He said the developers of Tract 1769 had to put in Oak Park Road. He said the value of the land given up was $300,000 and the construction of the road cost $300,000. He said the city required a special Landscaping the Lighting Assessment District and the lots in the tract pay for the maintenance. He said when the city set up a program for assessing developers for traffic improvements, the developer of Tract 1769 agreed to pay the $2,800.00 per lot. He said now the city has amended the program and traffic mitigation fees on lots will be only $588.00. He said the fee should be applied equally to all developers. Mayor Gallagher said the developer should contact the City and apply for reconsideration. '-- The Planning Director said once a project has been finaled, as has Tract 1769, the developer would have to corne back to the city and amend his project. She said this is consistent with what other projects have been told by the city under the old mitigation fees. The city Attorney said that since the tract map has been recorded, reconsideration of the fees would be a difficult process to go through and would be precedent setting and open the door for other projects with recorded maps to come in and apply for reconsideration. After further discussion and when no one further carne forward to speak, Mayor Gallagher closed the hearing to the floor. It was moved by Burke/Brandy (3-0-1, Burke, Brandy and Gallagher voting aye, Souza absent) to approve Resolution No. 3021 Setting Forth the Amount of Public Facility Impact Fees. 8.A. SECOND READING OF ORDINANCE: DEVELOPMENT CODE REZONE 94-001 - AMENDMENT TO SECTION 9-04.140 OF THE DEVELOPMENT CODE ON LOT LINE ADJUSTMENTS: CITYWIDE Mr. christiansen said this was the second reading and adoption of the ordinance. No members of the public came forward to speak. It was moved by Brandy/Burke (3-0-1, Brandy, Burke and Gallagher voting aye, Souza absent) to adopt Ordinance No. 462 C.S. Issuing a Categorical Exemption, Amending Chapter -9 of the Municipal Code (Amendment to the Development Code) and Instructing the city Clerk to File a Notice of categorical Exemption (Rezone Case No. 94-001). 3 -... 253 CITY COUNCIL MINUTES MARCH 22, 1994 there are requests to the Chamber for industrially zoned land and land for expansion of existing businesses; (4) water for the land could be acquired through reclamation and conservation; (5) it would be a way to phase out the Utility Users Tax; (6) this is the time for mapping out what Arroyo Grande needs such as light industrial land, an employment base, head of household jobs and tax revenues; (7) this a way to gain a long-term economic base in the City, an~ (8) this is a way to maintain the rural atmosphere in the city. Council Members discussed the cost to apply for the sphere of influence change, if the Council was ready to take this step away from a policy of the past, if the city could change its mind and decide against annexation, and how much housing and open space there would be on the land. '-- Council Member Burke said he wanted to be sure that being the lead agency in applying to LAFCO for a sphere of influence change did not obligate the city to go through with the change if it did not like the land use plan. Mayor Gallagher said the City should be taking an active role in seeing if it can come up with appropriate findings to present to LAFCO for modification of the sphere of influence. He said there seems to be some consensus 'on the Council for moving in that direction. He said there are some problems to overcome first, but the Frederick family will have the city as a willing partne,r in approaching LAFCO to amend the sphere of influence. APPOINTMENT OF BEVERLEY SILVA TO THE TEEN ADVISORY COMMITTEE: TERM EXPIRES MAY 10. 1994 Mayor Gallagher nominated Beverley silva to the Teen Advisory committee, with a term expiring May 10, 1994, and the Council agreed to the appointment. 9.C. REPORTS OF VARIOUS COMMITTEES 1. South San Luis Obispo county Sanitation District Mayor Gallagher said the district board is exploring issues connected with participation on LAFCO. He said a financial summary showed that the district has a cash balance of approximately $3 million, with $1 million set aside for generating revenue for additional expansion as the participating agencies move toward full build out. He said the board had the second reading on an ordinance establishing pretreatment regulations for use of district facilities. He said it is a significant ordinance that has widespread impact on people who discharge into the system. He said the board is awaiting the final report on shellfish monitoring also. 5 - 252 CITY COUNCIL MINUTES MARCH 22, 1994 9.A. REOUEST OF VERN FREDERICK ET AL. REGARDING SPHERE OF INFLUENCE AMENDMENT: SHANNON RANCH Mr. Christiansen said the Planning Director had met with Paul Hood, director of the Local Agency Formation Commission. lIe said Mr. Hood had indicated (1) that it would be easier if the city made the application to LAFCO for the change in the city's Sphere of Influence, (2) After the application is submitted it will take approximately two months for the item to go before the commission, and (3) water for the land could become an issue. Mr. Christiansen said approximately 200 acre feet of water will be needed, and the Frederick family should know that the City cannot guarantee this water. Ms. Liberto-Blanck said a Sphere of Influence amendment means that the city is committing itself to annexation within 10 to 20 years and within that time frame have the urban services to accommodate whatever development is needed in that area. She said with annexation the city would be bringing an area into the city, would rezone the land and would have a specific project in mind. She said Mr. Hood indicated that LAFCO might want to look at the Sphere of Influence amendment and annexation at the same time. She said the City's taking the lead in the application for the sphere change would indicate the city's commitment in the matter. Mayor Gallagher said it would indicate that the direction the city of Arroyo Grande would be taking is south on the U.S. 101 corridor. The Planning Director said the LAFCO director said the designation of the land in question is for agriculture and when applying for the sphere of influence change there would have to be justification for changing the zoning designation. Mayor Gallagher invited the public to comment, and MIKE FREDERICK, one of the property owners, spoke to the Council. He said there seems to be interest in expanding the economic base of Arroyo Grande, and his parcel is one of the better pieces of land available. He said the parcel could expand outward, not impact the village and have as many retail uses as necessary. He said the family is not interested in trying to convince the city it should expand its sphere of influence to include his land, but would love to work with the city. He said the family does not have the money to search for underground water on the property. Speaking in favor of amending the Sphere of Influence to include the property were TIM QUIGGLE of the Economic Development Committee and HEATHER JENSEN, manager of the Chamber of Commerce. The points they made included, (1) there would be new wage-earner job opportunities; (2) community support exists for this; ( 3 ) 4 254 ~ CITY COUNCIL MINUTES MARCH 22, 1994 2. South County Area Transit. No report. 3. Council of Governments Council Member Burke said the San Luis Obispo Regional Transit Authority passed two resolutions concerning regulations for the public employee retirement system and Social Security status for the SLORTA staff. He said the ,COG meeting highlights included a Congestion Management report, discussion of the Americans With Disabilities Act, and the input from the various jurisdictions on the Source Reduction Recycling Element, the Household Hazardous Waste Element, the EIR and the Joint Powers Agreement. 4. Solid Waste Task Force Committee Council Member Burke said the committee discussed the proposed JPA and policies and procedures for the Waste Management - Authority. 5. Zone 3 Water Advisory Committee Council Member Brandy said the committee discussed the soils below Lopez Dam and whether or not to go ahead with paying a firm $500,000.00 for further investigation of the seismic safety of the dam. 6. County Water Advisory Board Council Member Brandy said the board is trying to get organized and is developing bylaws. 7. Long-Range Plan Update Committee No report. 8. Chamber of Commerce Economic Development Committee No report. 9. Coordinated Agriculture Support Program No report. 10. WRITTEN COMMUNICATIONS Mayor Gallagher read a letter from the Five Cities team of the American Youth Soccer Organization thanking the Parks and Recreation Department for its efforts and cooperation at the Soto Sports Complex. He said enclosed in the letter was a check for $2,000.00 from the AYSO team for rehabilitation of the soccer field. Mayor Gallagher expressed the city's appreciation saying that h~ could not recall the receipt of a donation like this before. 6 . . . 255 CITY COUNCIL MINUTES MARCH 22, 1994 II. ORAL COMMUNICATIONS city Attorney Lyon said the city has just received a very favorable decision from the Ninth circuit Federal Court of Appeals in the case of Kawaoka vs. city of Arroyo Grande. He said the court upheld the city's General Plan, Zoning and requirement of a Specific Plan before development of the Kawaoka property. 12. CLOSED SESSION None. 13. ADJOURNMENT It was moved by Burke/Brandy, and the motion passed unanimously to adjourn the meeting at 8:50 P.M. to joint meetings with Grover Beach city council regarding the Feasibility Study for Consolidation of Police Services at 7:30 P.M. Wednesday, March 23, 1994, at Grover Beach Community Center, 12th and Trouville, and at 7:00 P.M. Thursday, March 31, 1994, at South county Regional center, 800 West Branch Street, Arroyo Grande. -(-r- MAYOR ATTEST: CLERK 7 '-