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HomeMy WebLinkAboutMinutes 062685 - Special Mtng IN AGENDA 2-.Z 7-2.12 K ITEM MINUTES - SPECIAL STUDY SESSION APPROVFP AS ` PRESFP'TEP PY COUNCIL 8/12/P9 June 26 , 1985 , 7 :30 p.m. City Administration Building, Rotunda Room Mayor Nelson stated the purpose of the meeting/study session was in regard to the proposed City developmental impact ordinance and fee schedule. An agenda was made available to those in attendance. Mayor Nelson clarified that , before the final aspects of the ordinance are considered, there will be an opportunity forcommunityinput on this item. Staff Comment Mike Shelton, City Manager, indicated the entire administrative staff is present to respond to inquiries by the Council and public. Mr. Shelton referred to a memo which was part of the agenda packet for the last Council Meeting, particularly a section about the purpose and intent of the development tax; he read that section aloud. (See D.2 of his memo to City Council dated 6/2`4/85) . He stated that staff wants, tonight, to walk Council and public through what they see as the situation in Atascadero as it relates to continued growth pro- jections and the impacts of growth in the community. Staff wants to address what the financial analysis of the City is , both currently and for the next year or so. The fee schedule is to be discussed, with some comparison to what other cities are charging in the form of a development fee. Finally, the legal implications will be dis- cussed -- what kind of an ordinance would best serve the City to implement some type of a fee schedule for new construction. Although Item #3 on the agenda is Ordinance Consideration and Review, Mr. Shed- ton stated the ordinance is not available for tonight' s discussion, due to complexities in the legal aspect however, the staff memo , p. 3 can be used as a basis for discussion of what people might or might not like to see in the ordinance. Mr. Shelton asked Henry Engen, Planning Director, to comment on Item #2-A,, Growth Change Projections . Mr. Engen, utilizing the overhead projector , demonstrated Atascadero ' s growth since 1940 when the population was approximately 2 ,600 persons.': In January 1984 , according to the Dept. of Finance for the State of California, the population for the City limits of' Atascadero was 18 ,194; that figure is now increased to 18 ,835 as of Jan. 1, 1985, according to the State' s figures. Mr. Engen also demonstrated growth projections, which could see the City reach its full build-out popu- lation of 34 ,150 persons by approximately the year 2000 . Paul Sensibaugh, Public Works Director, gave an overview of the City's needs as consolidated from all departments, highlighting those of Po- lice , Fire and Recreation. , John Wallace, Interim Public Works Director, commented on the list of needs, saying it is by no means an exhaustive -one but, rather, made up of what are considered high-priority concerns. He mentioned traffic lights, general transportation, bridges, storm drainage (not included' on list but needs improvement attention) and road maintenance. The cost estimates for these improvements, he added, are a rough sketch and can be refined and modified. 1`P COUNCIL MINUTES - SPECIAL STUDY SESSION' 6/26/85 PAGE TWO Ray Cassidy, Interim Finance Director, commented on the City' s finan- cial status, utilizing the overhead projector to show comparisons in relation to other cities in the County; he used figures 'taken from the State Controller' s Office from 183- 184 fiscal year. According to the comparison of the 12 major sources of income which are common in most cities, Atascadero is 6th of the 7 cities in the County, which ex- plains in part its financial problems. Mr. Cassidy also showed the estimated operating budget for FY85-86 and explained the figures. Mike Shelton clarified, for the audience/public, that the figures shown represent the total resources, fund balances and reserves of the City. Mr. Engen, again using the overhead projector, showed projections of dwelling units and commercial/industrial land-use projections through sometime after the year 2000 , and he explained what kind of money might be generated off of new growth in the community. (See agenda packet of 6/24/85 , Item D-1 for reference materials) Mr. Engen also showed comparisons of other cities in the County which utilize devel- opment fees, noting that Atascadero has the lowest development impact fees. Mike Shelton stated that staff presentation concluded; he noted the recent Dial-A-Ride fare increase money has to go into ridership for the program and to meet the increased expenses associated with it. The amount of money to be generated by the increase in business li- cense fees is estimated to be about $100 ,000 . Another source of revenue might be gained as a result of the current City/County nego- tiations regarding the property tax split that took place shortly after the City' s incorporation and after the implementation of Prop- osition 13. He emphasized that the City is proposing an unbalanced budget again this year, as has traditionally occurred in the past; this may affect the continuance of base-level services in the com- munity for the following fiscal year. The City's resources are being depleted. It is hoped that enough revenues can be generated to off- set this drawing down of the City' s reserves. Based on the estimation that the community is 50% developed (according to theGeneralPlan) , it is Mr. Shelton' s opinion that it would be important for the Council to have the foresight to anticipate the City' s needs in order to in- sure the necessary facilities, roads , lights and other conditions which are necessary to insure that the growth in the community doesn't take away from the existing amenities provided by local government services. Roger Lyon, Interim City Attorney, commented on his memo (see agenda packet of 6/24/85) , dated 6/19/85 , which outlines the alternate meth- ods for generating revenues from new development, and he offered to take questions on the legal implications Council Comment Councilwoman Mackey stated she feels (although perhaps an insignificant part of this discussion) that bus stop shelters on City property should COUNCIL MINUTES - SPECIAL STUDY SESSION 6/26/85 PAGE THREE be paid for by the City, and those located at businesses should be paid by that business. Councilman Molina stated he appreciates the -long-range ideas , but he would like to see a more realistic 2-3 year plan with achievable goals which can be reached within his term as a Councilmember. Councilwoman Mackey referred to the projected needs of, for instance, the Fire Dept. ; Mike Hicks, Fire Chief, responded that the Fire costs projection is for replacing present equipment. Councilwoman Mackey stated, although she is in 'favor of new development paying its way, she doesn't think they should be expected to pay all the way. Councilwoman Norris would like to see a more realistic fee schedule.' She doesn't think $3 ,000-$3,500 is realistic at this time and that the City is acting too fast on fee issues. Public Comment John Cole, resident on Sierra Vista Rd. , asked if the projected fig- ures include salaries and benefits; Mr. Shelton responded that they do. Mr. Cole feels that we'd better stop using the term "affordable` housing if the Council decides to impose these development fees, the affordable housing premise is out the window. Robert Shannon stated he thinks it' s a mistake ;to single out just new buildings; improvements in the community should be shared by everybody. Craig Davis , a long-time resident, agreed that the improvement costs which benefit the entire community should be shared by everybody. He feels that to single out builders is, basically, discriminatory. ` Tom McNamara expressed concern as the previous two speakers. He also feels that the term "extraction" should be used in place of "genera- tion" of monies. He _feels :that City staff presented a somewhat slanted picture , because the bulk of revenues of other communities shown came from sewer and water. He doesn't believe there has been adequate study of what builders here donate to sewer and water to present the facts to Council the way they really are. Mayor Nelson noted that, so far, although no one has come right out and stated it , everyone who spoke is not in favor of any developmental fee; Atascadero has no such fee, when the other cities average about $4 ,500. John Bunyea, four-year resident, agreed with Mr. McNamara; there are many fees imposed on the builder that may not go directly into the City funds , but are, ultimately, passed on to the buyer. Average income people are not going to be able to live in Atascadero. He stated that Paso Robles is encouraging industrial growth there, and any pollution which may result is going to come this way. It seems to him that Atas- cadero has to be allowed to "grow; we should invite industry, too, in order to provide jobs for the young people who will, otherwise, be forced to leave. COUNCIL MINUTES - SPECIAL STUDY SESSION 6/26/85 PAGE FOUR Nina Bunyea stated she cannot believe the logic, or lack thereof, that she is hearing tonight. She asked (of the st.affinembers who made pre- sentations) : What is Prop. 4; is there no other way to get money besides milk anybody who wants to build?TNo other avenue was men- tioned; In times past, there was talk about an all-City road assess- ment district to care for and build roads. That concept and one-time possibility has disappeared. She also mentioned the unseen costs to the builder; when interest rates go up, as predictions indicate they will, building is going to go down, and the revenues being discussed will not exist -- "then what are you going to do?" . Nobody has said anything about the proportion of new people as opposed to established Atascadero residents who build'; Prop. 13 was passed to keep us from raising taxes. All of these things you're doing are just legal ways to get around Prop. 13. Go back to what the people wanted and cut ;the cost of government. Gale Day addressed the Amapoa-Tecorida situation. She asked if the proposed developers' fee will be charged to those applications al- ready before the City, particularly her own; she is 1 day or so from obtaining a permit and is already required to pay $10 ,333 to address the problem of the spillway. She understands that the impact zone fee and the fair share and interest, which were mentioned a couple of weeks ago, are no longer being considered, and they might be reimbursed down to the development fee which is being proposed this evening; in her interpretation, this means they will be charged a development fee. Mrs. Day also asked, is there an ordinance that is going to establish this pay-back that was recommended when the fee was recommended as well? Who is setting up and is responsible for the pay-back schedule , and is it going to happen? Mike Shelton responded to some of Mrs. Day's questions, reiterating the City' s handling of the problems in the Amapoa-Tecorida area. The City Council, he stated, has latitude on the fee decisions. Emile LaSalle referred to one of the charts (which compared Atascadero ' s per capita costs to those of other cities) ; if many of the additional costs - ,such as water, sewer, the school development fee, the proposed development fee, etc. - were shown, wouldn't that reflect the average cost to other cities? He ,wonders how the public , as the third party and "client" to the City, ,can be made aware of all this information in only 1-3 months; he may have to apologize to the nearly 50% of the people who opposed incorporation with whom he debated that such things (decisions) would not happen. Bill McNamara, McNamara Realty, advised people to consult a realtor, that they can give a lot of information. He feels the issue of resi- dential has been addressed, but that of commercial has been sidestepped. In reference to SFR vs. MF, he thinks a close study would result in the finding that Atascadero doesn't have that many multi-family residences. It ' s the people that make the community, not the houses; with the people comes the demand for commercial development. He feels the amounts be- ing proposed are awfully, agressive and poorly thought out, mentioning COUNCIL MINUTES SPECIAL STUDY SESSION 6/26/85 PAGE FIVE that his own family, along with some other investors, "just took a large chunk of change out ofthis community" and are not going to pay the fees to develop here Linda Sylvan, ERA/Z&R Realty, expressed surprise that more realtors are not present tonight to stand up and be represented. They are trying very hard to get first-home owners in here; they fight inter- est rates and points, often getting as far as selling a lot to a potential builder, only to find out about some of the City' s "for- bidden" fees. .One gentlemen stated he wishes the City would consider a study on the impact of the proposed fees on_growth, feeling they will discourage it, thus lessening the needs for expansion of City services and improve- ments. Lon Allen, Atascadero News Editor, requested that the record show: that Mr. Molina hintedthat, somehow, he doesn't know where the news- paper got their figures (refers to Mr. Molina's response to the comments of the previous speaker) ; Mr. Allen checked with the other news people, ` who all indicated they got them from the same source -- the agenda packet provided them. Bill Norris , resident, asked of Mr. Cassidy if he came up with any figures with respect to per capita income of the County. Mr. 'Cassidy responded that all the figures used were derived from those pertaining strictly to cities. Mr. Shelton explained the difficulty in comparing the City' s to the County' s per capita income. Mr. Norris also asked if the capital improvements funds being sought would be enough to pro- vide for additional employees to operate the additional equipment. Mr. Shelton responded. Mr. Norris spoke against the proposed fees. Phil Guidry, owner of five lots near park spillway, spoke against the $10 ,400 cost, he understands, he would have to pay for the construction of the spillway; in addition, he does not feel he should have to pay for the construction of curbs and sidewalks in the park, which he also is of the understanding would be required of him,` in order to sell one of the lots he owns on Amapoa. Mr. Guidry took a considerable amount of time in expressing his dissent with restrictions the City has im- posed on his properties on Amapoa; he wonders if he will be allowed to sell, lease or do something with his property within his life-span, as he is now 65 years old. He claims that attempts to discuss the issue with City officials have been ignored. Mayor Nelson invited Mr. Guidry to put his charges in writing and make an appointment to discuss the matter with Mr. Shelton. Councilman Handshy reminded the audience that tonight 's meeting is a ' study session and intended to assist the Council with drafting the development fee ordinance by obtaining suggestions from the public. John Cole suggested the issue be handled by the initiative process , as he considers it a major issue in this City and should be put before the voters. 0 & COUNCIL MINUTES SPECIAL STUDY SESSION 6/26/85 PAGE SIX Nina Bunyea suggested that, to improve public relations between the City staff and citizens, it would help if the City frequently_'publi- cized what other alternatives have been considered to generate monies' for improvements. Jerry Gast , 6-year resident, hopes the figure comes to no more than $1 .00 per sq. ft. , hopefully $. 50 per sq. ft. ; any much more than that would make it very difficult for him to budget his plans to build a 1 ,500 sq. ft. home, Tom McNamara asked the Council to consider (in their commercial fee) the fact that, if commercial development is discouraged, it is likely to cut off a source of income in that of the sales tax. Also, he stated fees imposed on a segment (developers/builders) of the popu- lation when they, essentially, don't have a voice (as they 're not the majority) is, in a sense, taxation without representation. Mr. Shelton indicated to Council that it' s going to take some time and "homework" on the part of staff to bring this back in ordinance form; in part because Mr. Lyon, Interim City Attorney, has indicated that his workload is such that he is not able to devote much time to serving the City. MOTION: By Councilman Molina, seconded by Councilman Handshy, for staff to bring this development fee back in ordinance form, excluding the fee schedule, as soon as possible, to be fol- lowed by public hearing(s) for further input. Council con- curred with motion. MEETING ADJOURNED AT APPROXIMATELY 9:25 P.M. PREPARED BY: CINDY WILKIYS, `Deputy City Clerk •