HomeMy WebLinkAbout04/06/1993MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO '
TUESDAY, APRIL.B, 1993 - 7:00 P.M.
COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
MOMENT OF INSPIRATION
The Moment of Inspiration was given by Ginny Martin, Director of the Children's Museum, in honor
of the Month of the Child. Brenna Gall read a poem she had written about children and the future.
ROLL CALL
Council Members
Present: Council Members Penny Rappe, Dave Romero, Alien K. Settle, Vice -
Mayor Bill Roaiman, and Mayor Peg Pinard
Absent: None
City Staff
Present: John Dunn, City Administrative Officer, Jeff Jorgensen, City Attorney,
Diane Gladwell, City Clerk; Ken Hampian, Assistant City Administrative
Officer, Mike McCluskey, Public Works Director, Arnold Jonas,
Community Development Director; Bob Neumann, Fire Chief; Bill
Statler, Finance Director; Jim Gardiner, Police Chief; Jim Stockton, '
Recreation Director
PUBLIC COMMENT PERIOD
There were no public comments.
CONSENT AGENDA
Moved by Rauua /Romero. the Consent Calendar was unanimously approved as recommended by the
City Administrative Officer; motion carried (5-0)
C -1 COUNCIL MINUTES
Council considered adoption of the minutes of Saturday, March 13, 1993.
Moved by Raooa /Romero to waive oral reading and approve the minutes; motion carried (5-0).
C -2 CONTRACT PAY ESTIMATES
Council considered contract pay estimates and change orders.
Moved by Rapp@ /Romero to approve contract pay estimates and ordered paid; motion carried (5-0).
C -3 COALITION RESPONSE (File No. 1113)
Council considered endorsing the position of the Coalition for Cooperative Government in response
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Tuesday, April 6, 1993 - 7:00 PM
to the Governor's budget proposal to take away $2.6 billion in property tax revenues from cities,
counties and special districts.
Moved by Raooa/Romero to endorse the Coalition's position; motion carried (5-0).
C-4 STATE GRANT APPLICATIONS (File No. 707)
Council considered submitting applications for State of California grants for 1) the Earthquake Safety
and Public Building Rehabilitation Bond Act of 1990, and 2) the Governor's Highway Traffic Safety
Program Section 402.
Moved by Rapoa/Romero to approve and authorize submittal of applications; motion carried (5-0).
C-5 FINAL MAP APPROVAL - TRACT 2059 (File No. 410)
Council considered giving final map approval for Tract 2059, a six -unit medical office condominium
conversion at 862 Meinecke; Arnold & Diana Volney, subdividers.
Moved by Rapna /Romero to adopt Resolution No. 8142 approving the final map for Tract 2059; motion
carried (5 -0).
C-6 STATE HIGHWAY MAINTENANCE AGREEMENT (File No. 1145)
Council considered an amendment to the agreement for maintenance of State Highways in the City
of San Luis Obispo.
Moved by Ram /Romero to adopt Resolution No. 8143 approving Agreement No. A- 30 -93-CC for
maintenance of State highways and Resolution No. 8144 approving Agreement No. A- 31 -93-CC for
sharing cost of electrical facilities; motion carried (5-0).
C-7 VESTING TENTATIVE MAP -TRACT 2126 (File No. 410)
Council considered a request to subdivide 9.95 acres into 60 single- family residential lots and create
245.34-acre remainder parcel with a 47.71 open space dedication (continued from 3/16/93).
Moved by RaRR! /Romero to adopt Resolution No. 8145 approving the vesting tentative tract map with
findings and revised conditions; motion carried (5-0).
C-8 RIGHT -OF -WAY AGREEMENT /EASEMENT ACCEPTANCE (File No. J -12H)
Council considered approving Right -of -Way Agreement and Certificate of Acceptance for the
Easement Deed for the "Bridge Replacement Project - Nipomo at San Luis Obispo Creek, City Plan
No. J -121-1°.
Moved by Raoua/Rorn to adopt Resolution No. 8146 approving Right -of -Way Agreement No. A -32-
93-CC and Certificate of Acceptance; motion carried (5-0).
C-9 LOCAL AGENCY /STATE MASTER FEDERAL -AID AGREEMENT 011 (File No. J -12H)
Council considered a supplement to the Local Agency /State Master Agreement for Federal -Aid-
projects for the °Bridge Replacement Project - Nipomo at San Luis Obispo Creek, City Plan No. J -121-10
.
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Tuesday, April 6, 1993 - 7:00 PM
Moved by Raooa/Romero to adopt Resolution No. 8147 approving program supplement No. 011 to
the Local Agency /State Master Agreement; motion carried (5-0).
C-10 LOCAL AGENCY /STATE MASTER FEDERAL -AID AGREEMENT 012 (File No. L -10H)
Council considered a supplement to the Local Agency /State Master Agreement for Federal -Aid
projects for the °Bridge Replacement Project - Elks Lane at San Luis Obispo Creek, City Plan No. L-
101-I°.
Moved by Raoca /Romero to adopt Resolution No. 8148 approving program supplement No. 012 to
the Local Agency /State Master Agreement; motion carried (5-0).
C-11 AIRPORT AREA WATER SERVICE EXPANSION (File No. 517)
Council considered a request by the County to serve the proposed 3.56 acre hanger site for fire
protection purposes only.
Moved by Raooa /Romero to approve the request and authorize the Mayor to execute Amendment 3
to the Sewer and Water Agreement between the City and County; motion carried (5-0).
COUNCIL LIAISON REPORTS
C.L.R.1. Vice -Mayor Roalman reported he and the Mayor (liaison subcommittee) had met with
two members of the Planning Commission (Williams /Karleskint) who have requested more input on
appeal items; a memo will be forthcoming. 1
C.L.R.2. Council Member Raooa reported that 1) the Council of Governments (COG) will vote
tomorrow to establish themselves as a separate entity, and 2) as reported at the League policy
meeting, there were 400 CEGA bills proposed in State legislature.
PUBLIC HEARINGS
SIGN APPEAL - BROAD /PISMO (File No. 407)
Council held a public hearing to consider an appeal of an Architectural Review Commission action
to allow an exception to the sign regulations for a monument sign for an office located on the
southwest side of Broad Street between Pismo and Pacific Streets.
Arnold Jonas, Community Development Director, stated that if the sign was less than 3 feet high, no
exception would be required.
Council discussed issues pertaining to the applicant being entitled to an interior illuminated sign,
setback lines, and ARC approval of the specific project which required restriction of interior
Illuminated signs.
Mayor Pinard declared the public hearing open.
Bill Marquardt, 1435 Broad and appellant, stated that the sign does not blend with surrounding areas,
was inconsistent with other businesses, and was out of character with the style and character of the '
neighborhood.
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' Tuesday, April 6, 1993 - 7:00 PM
Brian Christenson. 616 Pismo Street, stated that the sign was not appropriate to the neighborhood,
ARC may impose more restrictive requirements, and requested a non - illuminated monument sign 4
feet from the right -of -way.
Delores Putnam, 1504 Broad Street, stated that the sign was Inappropriate in a transitional
neighborhood and requested a less conspicuous, non - illuminated sign.
Lois Greenfield. 1427 Broad Street, stated her concerns with the commercialization of the
neighborhood and urged balanced discretion.
Paul Buschur applicant, stated that the sign was not oversized for the neighborhood; the sign's
purpose was visibility. When inquired by Council, applicant stated that he would prefer not to
compromise on a non - interior illuminated sign.
Mayor Pinard declared the public hearing closed.
Council discussed issues relating to restricting the interior illumination of the sign.
Moved by Roalman /Raooa to adopt Resolution No. 8149 denying the appeal, conditionally approving
a 4' high sign subject to no internal illumination, and amended to require any other application to be
submitted to the ARC for approval; motion carried (3-2, Council Member Settle and Mayor Pinard
voting no).
Moved by Reppe/Roalman to direct staff to return to Council upon discussion of ARC to include sign
permits with building permit approval when possible; motion carried (5-0).
2. THURSDAY NIGHT FEES (File No. 476)
Council held a public hearing to re- evaluate Thursday Night Activities /Farmer's Market fee increases
as previously adopted (continued from 1/19/93 and 3/16/93).
Lynn Block, BIA Administrator, reviewed the fee structure and stated that the Board fell that the fees
were equitable and fair and did not adversely affect the participation in the Farmer's Market
Mayor Pinard declared the public hearing open.
Rebecca Hoffman, owner of SLO Brew, stated that many of the BIA merchants donated monies to non-
profit groups as part of their business; but did not feel it was fair to reduce the fees to non - profits,
thereby removing discretion from the merchants.
Annie King, representing the National Organization of Women, opposed the increase in fees and
stated that three non -profit groups were forced out, then suggested alternatives such as in -kind
services to reduce fees.
Richard Kranzdorf . 160 Graves, stated that the BIA tried to restrict participation, and that the Farmer's
Market should be available to the whole community.
Pat Renshaw, 1161 14th Street, Los Osos, opposed the fee increase and stated that less people would
participate.
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Tuesday, April 6, 1993 - 7:00 PM
Orville Osborn representing the SLO Green Party, stated he felt it was a free speech issue, opposed
the increased fees, and stated that the difference was a full and limited participation.
Pat Vaasa rL San Luis Obispo, stated his opposition to any fees for any non -pro£d groups, stating that
they have the right to distribute material.
Chris Unk. 782 Higuers, supported the fees, stated they were not exorbitant, that non - profits ask for
donations, and if they did not have a large following they could not support the fees.
Kathy Cleeves. Past President of the BIA, stated that the purpose was to market farmer's merchandise,
that the barbequers provided employment, service and ambiance to the event, and supported the fee
structure for non - profits.
Craig Nelson, 1624 Mill Street, felt that the non -pro£d fees were unfair.
Harold . Ella Street, stated that the square footage for non - profits was higher than the barbecues,
and it was a freedom of speech issue, therefore, there should be no charge.
Annette Amier, Baywood Park, suggested selling empty space for less.
Ken Fromvelt . San Luis Obispo, stated that the rates were fair and reasonable.
Peggy Koteen. San Luis Obispo, suggested alternative choices for booth sizes, $3.00 for a 4-ft. table
or $6.00 for an 841L table.
Peter Jenks , 6355 Buckley Rd., stated if the fees were reduced the BIA needed to be compensated. '
Tom Brown. BIA Board, stated that the BIA Board Members pay twice the business license, and were,
therefore, already contributing to Farmer's Market. He suggested that non - profits join the BIA at a
$150.00 per year. Upon questioning, he stated that two groups were allowed to share an 8-11. booth.
Burt Townsend, San Luis Obispo and member of the Thursday Night Activity Committee, stated that
the BIA was created to enhance business and suggested the city subsidize the non-profit groups.
Cvrdhia Bosch, San Luis Obispo, felt it was a free speech issue.
Mayor Pinard declared the public hearing closed.
Council discussed the ability of non -profit groups to share spaces, the independence of the BIA/
Thursday Night Activities, charging for $5.00 for a 4-ft. space, and in -lieu service programs.
Moved by Raooa /Romero to reaffirm fees in Exhibit A (dated 9/1/92) and to allow informational non-
profit groups to share spaces; motion carried (3-2, Council Members Settle and Roalman voting no).
Moved by Pinard /Settle that the City be subject to all applicable special event fees, the City rate to
be the same rate as we charge others.
John Dunn. City Administrative Officer, stated that fees are under study by staff as part of the Special
Event Task Force.
Motion failed (2 -3, Council Members Roalman, Rappa and Romero voting no).
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City Council Meeting
Tuesday, April 6, 1993 - 7:00 PM
9:05 P.M. Mayor Pinard declared a recess.
9:20 P.M. Council reconvened; all Council Members present.
3. DRAFT HOUSING ELEMENT (File No. 462)
Page 6
Council held a public hearing to consider the Draft Housing Element (continued from 3/2/93).
Arnold Jonas, Community Development Director, reviewed past efforts to seek alternatives that would
accept the state mandated housing numbers (5,128 over 5 years) and maintain the present growth
limit of 1% per year. He stated that the State had 45 days to review and comment on the draft, that
he did not believe that we could achieve substantial compliance, but there was no penalty for not
reaching the state mandated numbers. The change in format suggested by Mayor Pinard was viable
but could slow it down If it did incorporate policy changes and may need to go back to the Planning
Commission. He reviewed the past loss of grants and funding due to lack of an approved Housing
Element. He stated that Community Development Block Grant funds would be available from the
federal government in 1994.
Council discussed allocations given to other cities, which were substantially less than San Luis
Obispo.
Arnold Jonas reviewed legislative efforts of the COG and League to change legislation and clarified
the numbers that were required in the Housing Element.
Council discussed condensing and simplifying the element's format; allowing for growth without
actually growing at the higher rate; impacts on zoning and open space; and factors to use as a basis
to justify growth management.
Mayor Pinard declared the public hearing open.
Larry Allen. San Luis Obispo County Air Pollution Control District, stated that the increased rate in
growth would improve the jobs /housing imbalance, therefore reducing commutes.
Jeannette Duncan, Director of People's Self -Help Housing, stated that there were long waiting lists for
affordable housing for people working in San Luis Obispo and expressed her concern for their
application for a grant.
Michael Blank, an Attorney for a California Legal Assistance League, urged an exemption for low and
very-low income housing rather than affordable housing.
Pat Veesart, San Luis Obispo, expressed his opposition to the 500% increase in growth rate demanded
by the State and urged the maintenance of the 1% growth limit.
Carla Sanders, San Luis Obispo, reviewed past affirmations of the Planning Commission and City to
the 1% growth limitation and urged Council not to degrade the existing high quality of life in San Luis
Obispo.
Gary Felsman. 2234 Santa Ynez, urged the retention of the limitation stating that it had a long term
impact on the future air quality and way of life.
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At Bonin. 272 Del Mar Court, asked for deletion of the recommendation for a greek row in the
Foothill / Ferrini area (page 56).
Diane Glaser. 242 Ferrini, expressed her concern about traffic and noise in the Foothill / Ferrini area
if a greek row was implemented.
Anna Barbosa. 234 Ferrini, stated her opposition to the greek row in the area.
Ron DiCarli. Director of the San Luis Obispo Council of Governments, stated that the COG distribution
of housing allotments was fair, that they had contested their allocation to the state and it was reduced;
they were then required to allocate housing which they attempted to do by general plans. That was
rejected by the HCD and subsequently allocated the housing on market demand and availability. All
communities felt their allocations were too high and that they were instrumental in introducing a bill
to modify the requirement.
Vic Barbosa, 234 Ferrini, stated his opposition to the State mandating numbers to the City and the
proposal for a greek row in the Foothill / Ferrini neighborhood.
Mayor Pinard declared the public hearing closed.
Moved by Settle/Roalmen to direct staff to incorporate a combination of the Mayors memorandum
for format and focus (beginning blueprint for the future, housing goals, policies and programs),
incorporate Vice -Mayor Roalman's Housing Element Compliance memorandum and its three points,
revise the remaining portion of the Housing Element to include only the basic requirements the State 1
need to find in Housing Elements, and exclude the attempt to place the housing allocation the State
has indicated; motion failed (2 -3 Council Members Roalman, Rappa and Romero voting no).
Council discussed timing of submission to the State, State review and the impact on the Women's
Shelter Grant; including submitting the state figures with qualifiers and the chances for approval of
that approach.
Moved by Roalman to include Regional Housing Needs Allocation (RHNA) in document; motion
withdrawn.
Moved by Pinard /Settle to direct staff to acknowledge the State quota then reject those numbers,
substitute the 1 %growth limit, excluding low- income and very-low- income housing, with an addendum
to include the EIR (from draft LUE); motion carried (5=0).
Moved by SettieJRoalman to direct staff to incorporate a combination of the Mayors memo for format
and focus, incorporate Vice -Mayor Roalman's Housing Element Compliance memo and its three
points, revise the remaining portion of the Housing Element to include only the basic requirements
of the Housing Element; motion carried (5-0).
John Dunn, City Administrative Officer, suggested May 4 as a target date to present the revised
Housing Element to Council utilizing the Mayors proposal as an auxiliary document showing any
program or policy differences.
Moved by Roalman /Settle to adopt the staff recommendation; motion carried (5-0).
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Tuesday, April 6, 1993 - 7:00 PM
4. TRANSPORTATION DEVELOPMENT FEES (File No. 532)
Council held a public hearing to consider implementing development impact fees calculated under
the standards of AB 1600 with a recommended fee for a single family residence of $2,152 with fees
for non - residential projects varying based on land use type and square footage.
Moved by Rapp@ /Roalman to continue this item to date certain Tuesday, April 27,1993; motion carried
(5-0).
5. RETROFIT CREDIT ON WATER IMPACT FEES (File No. 517)
Council held a public hearing to consider implementing an 87% credit on water impact fees when
retrofitting is required as a condition of a development.
Moved by Rama /Roalman to continue this item to date certain Tuesday, April 27,1993; motion carried
(5-0).
6. CONDOMINIUM WATER METERS (File No. 463)
Council held a public hearing to consider amending the subdivision regulations relating to water
service connections and tentative map time extensions.
Moved by RPooa /Romero to continue this item to date certain Tuesday, April 13,1993; motion carried
BUSINESS ITEMS
7. MID -YEAR BUDGET REVIEW (File No. 233)
Council considered mid -year budget requests for the BIA revenue shortfall ($15,900) and parks and
landscape water needs ($98,600). (Continued from 3/2/93 and 3/16/93).
Bill Statler. Finance Director, reviewed the staff report.
Moved by Rappa /Romero to approve mid -year budget requests; motion failed (2 -3, Council Members
Settle and Roalman and Mayor Pinard voting no).
Moved by Settle /Roalman to reject shortfall of BIA; motion carried (3-2, Council Members Rappa and
Romero voting no).
Bill Statler, Finance Director, reviewed the basis for the expenditure projections placed in the budget
and impacts of not granting the budget requests.
Moved by Romero/ Rappa to approve recommendation for $98,600 for supplemental water needs;
motion carried (4-1, Council Member Settle voting no).
8. WATER ALLOCATION EXEMPTION (File No. 512)
Council considered a request to 1) exempt construction of a car dealership at 12350 Los Osos Valley
Road from water allocation /offset requirement and, 2) waive capital facility fees for water, sewer, and
a traffic signal.
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Tuesday, April 6, 1993 - 7:00 PM 1
Moved by RaouaJRomero to continue this item to date certain Tuesday, April 13,1993; motion carried
(5-0)-
9. MISSION PLAZA EMINENT DOMAIN PROCEEDINGS (File No. 875)
Council considered initiating eminent domain proceedings as to portions of 1019 -23 Broad Street
(Spradlin) and 667 Monterey Street (Vargas) for the Mission Plaza Expansion project
Jeff Jorgensen, City Attorney, stated that this public hearing was held to correct inadequate notice,
and stated that no written requests to speak had been received.
G.D. Soradlin, P.O. Box 2094, San Luis Obispo, protested the resolution and asked the proceedings
be dismissed, stating that the City had failed to comply with the California code. He referenced three
letters previously submitted and requested the record to show that he had adopted each and every
objection in each and every letter.
Moved by Roalman /Rapoa to adopt Resolution No. 8150 of necessity (Spradlin) and Resolution No.
8151 of necessity (Vargas); motion carved (5-0).
10. GRAND AVENUE RECONSTRUCTION (File No. 532)
Council considered the design of the Grand Avenue Reconstruction Project which includes bicycle
lanes, and parking and median adjustments.
Moved by SettleJRappa to continue this item to date certain Tuesday, April 13, 1993; motion carried
(5-0).
COMMUNICATIONS
COMMA. Council Member Romero requested an analysis of annual consumption as it pertained
to safe annual yield numbers; staff will process with urban water management plan, scheduled for
summer; (general consent).
12:30 A.M. there being no further business to come before City. Council, Mayor Pinard adjourned the
meeting to Tuesday, April 13, 1993 at 7:00 P.M.
APPROVED BY COUNCIL 5/18/93
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