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City Council Meeting Page 3
Tuesday; August 31, 1993 - 5:00 p.m.
Jeff Jorgensen. City Attorney, explained that the property owners needed to reactiviate their specific plan
application since the last communication the City had received was a withdrawal of the Specific
Plan. Staff was directed to contact the owners of the Margarita Area Indicating the Council's willingness that
they proceed.
COMM. 3 Vice Mayor Roalman, the City's delegate to the Council of Governments, discussed the proposed
extension of Highway 41 east of Highway 101. By general consent, Council agreed to bring this discussion
back to the Council on Tuesday, September 7, 1993.
6:30 p.m., there being no further business to come before the City Counci PPI djoumed the I Mj
meeting to 7:00 P.M. in the Council Chambers. �� /
APPROVED BY COUNCIL: 10/5/93
Am)- on, Aslsrani City Clerk
KLC
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 7, 1993 - 7:00 P.M.
CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CAW
1 Council Members
Present: ' Council Member Penny Rappa, Dave Roalman, Allen K. Settle,
Vice -Mayor Bill Roalman, and Mayor Peg P.inard
Absent: None
City Staff
Present: John Dunn, City Administrative Officer, Jeff Jorgensen, City
Attorney; Diane Gladwell, City Clerk; Ken Hampian, Assistant
City Administrative Officer; Arnold Jonas, Community
Development Director; Bill Statler, Finance Director Jim
Gardiner, Police Chief; Jim Stockton, Recreation Director; John
Mandeville, Advanced Planning Manager
PUBLIC COMMENT PERIOD
P.C.I. Marshall Wang and Sue Hsiao from the Central Coast Chinese School presented information regarding
the Chinese Youth Mission and School.
P..C.2. John Payton.requested Council place a proposal for majority elections on the next available agenda
to discuss its merits and place for voter approval (on the November 1994 ballot).
P.C.3. Don McCaleb supported the majority election proposal.
Council referred analysis of the issue to the Campaign Regulations Committee (consensus).
f
City Council Meeting Page 2
Tuesday, September 7, 1993 - 7:00 P.M.
CONSENT AGENDA '
Moved by Settle /Romero to approve the Consent Agenda as recommended by the City Administrative Officer
with the exception of C-2, C-3, and C -7 as noted; motion carried (5-0).
C-1 COUNCIL MINUTES
Council considered minutes of:
Tuesday, July 20, 1993 at 7:00 P.M.;
Wednesday, July 21, 1993 at 7:00 P.M.;
Tuesday, August 3, 1993 at 7:00 P.M.;
Tuesday, August 10, 1993 at 7:00 P.M.; and
Tuesday, August 17, 1993 at 7:00 P.M.
Moved by Settle1Romero to waive oral reading and approve minutes; motion carried (5-0).
C-2 JOHNSON PARK IRRIGATION SYSTEM (File No. 93-30)
Council considered plans and specifications for "Johnson Park Irrigation System Replacemenr, Specification
No. 93-30; estimated to cost $44,500 (continued from 8/3/93).
Moved by Settle/Romero to authorize contract award by City Administrative Officer, motion carried (5-0).
C-3 RECYCLING CONTAINERS GRANT (File No. 482) ,
Council considered a contract with the County for a Department of Conservation Grant for recycling
containers in Santa Rosa, French and Laguna Lake parks.
Lois Rhinehart, 1713 Thelma Drive, said she was very excited about the grant.
Moved by Ragg_a /Romero to receive report and approve contract (A- 6493 -CC I; motion carried (5-0).
C-4 AMENDMENT TO PURCHASE AGREEMENT - CLINIC PROPERTIES (File No. 168)
Council considered the First Amendment to the Purchase Agreement and escrow instructions between Clinic
Properties and the City.
Moved by Settle /Romero to adopt Resolution No. 8206 approving First Amendment to the Purchase
Agreement; motion carried (5.0).
C-5 TENTATIVE MAP TIME EXTENSION (File No. 410)
Council considered a request for a one -year time extension to file the final tract map for TR 16731 a
commercial condominium to be built on the southwest corner of South Higuera Street and Prado Road, next
to San Luis Creek; San Luis Creek Associates, subdivider /owner.
Moved by Settie /Romero to adopt Resolution No. 8207 granting a one -year time extension for Tract 1673;
motion carried (5-0).
City Council Meeting Page 3
Tuesday, September 7, 1993 - 7:00 P.M.
C-6 PERFORMING ARTS CENTER COMMISSION (File No. 854)
Council considered the appointment of the Mayor and the City Administrative Officer as delegates and the
Vice Mayor and the Assistant City Administrative Officer as alternates to the Central Coast Performing Arts
Center Commission.
Moved by Settle /Romero to approve appointments as recommended; motion carried (5-0).
C-7 COUNCIL POLICIES & PROCEDURES (File No. 113)
Council considered adopting a manual entitled "Council Policies and Procedures ".
After discussion, moved by Settle /Roalman to postpone this item indefinitely, allowing Mayor Pinard to write
a memo stating concerns for the document and, thereafter, agendize; motion carried (5-0).
COUNCIL LIAISON REPORTS
Vice Mayor Roalman and Council Member Romero briefly reported on the Airport Area negotiations.
PUBLIC HEARINGS .
1. UTILITY ACCOUNTS AND RATES (File No. 516)
A. Utility Account Set -Uo-Fee
' Council held a public hearing to consider initiating a utility account set -up fee in the amount of $25 with an
optional annual service fee of $500 available to any customer for unlimited service starts and stops, effective
October 1, 1993.
Bill Statler, Finance Director, briefly reviewed the proposal.
Council discussed the proposed annual service fee ($500) and the competitive advantage for owners of a
large number of units.
Moved by Romero/Roalman to adopt Resolution 8208 initiating account set -up fee in the amount of $25.00,
with an optional annual service fee of $500.00 available to any customer for unlimited service starts and stops
effective October 1, 1993; motion carried (3-2, Council Member Settle and Mayor Pinard voting no).
Moved by Rappa /Romero to review the annual service fee in one (1) year; motion carried (4-1, Council
Member Settle voting no).
B. Water Fund Rate Review
Council held a public hearing to consider increasing water rates by 8.5% effective October 1, 1993 and 6.5%
effective July 1, 1994.
Bill Statler, Finance Director, briefly reviewed the proposal stating it was the first rate increase in 3-1/2 years
and reviewed the rate setting methodology, water rate requirements, and key assumptions. He stated that
1 water reclamation, Naciemento, or Salinas construction were not included in the assumptions.
City Council Meeting Page 4
Tuesday, September 7, 1993 - 7:00 P.M.
Council discussed the Los Osos Valley Associates judgement and the auditors requirement that it be allocates'
in the budget even though the case was being appealed.
After questioning, Bill Statler. Finance Director, stated the increase was necessary to maintain the 20% reserve
level.
Mayor Pinard declared the public hearing open.
LaVerne Schneider, 1356 Marsh, spoke in opposition of the fee and proposed that the utility tax be utilized
to fund water expenses rather than going to the General Fund.
Roy Hanff. 569 Lawrence Drive, spoke against the rate increase.
James Arndt, 1080 Bluebell, commended the staff and the City stating that pumping water from the Los Osos
Valley area saved the City during the drought.
Victor Barbosa, 234 Ferrini Road, spoke in opposition.
Mayor Pinard declared the public hearing closed.
Council discussed the goals to provide clean water to the community while keeping the program solvent, and
the proposal to move the utility tax from the General Fund.
Bill Statler, Finance Director, stated that the Council discussed the issue two years ago and reaffirmed the
general purpose taxes should be utilized for general revenue purposes.
Moved by Romero/Roalman to adopt Resolution No. 8209 increasing water rates by 8-1/2% effective October
1, 1993 and 6-1/2% effective July 1, 1994; motion carried (3-2, Council Member Settle and Mayor Pinard voting
no).
2. OPEN SPACE ELEMENT (File No. 462)
Council held a public hearing to consider the General Plan Open Space Element update.
John Mandeville, Advanced Planning Manager, reviewed the process and the draft element.
Mayor Pinard declared the public hearing open.
Glen Priddy, 960 Montalban, expressed concerns that he would not be able to add to his creekside home
because the proposed Open Space Element would make his home non- conforming.
Hans Novak, 1740 San Luis Drive, spoke in opposition of the proposed creek set -backs stating it was not
appropriate or sensitive to the riparian corridor.
Paul Ready, 1998 San Luis Drive, stated that open space legislation was not applicable to small residential
improved lots. He opposed trails in existing developed residential neighborhoods.
Michael Devitt, 1690 San Luis Drive, stated that the proposal was essentially downzoning properties.
Gary Felsman, 2234 Santa Ynez, suggested changing "should" to "shall' in Section 1 and mandating that Fis�
City Council Meeting Page 5
Tuesday, September 7, 1993 - 7:00 P.M.
and Game be notified when the wetlands were disturbed, the City maintain accurate lists of recently acquired
sites in Section 3, and that the proposal did not violate the privacy of property owners.
Eric Wier, 2250 King St. #25, recommended a street trail instead of a creekside trail to protect the habitat.
Mark Alonso, 1740 San Luis Drive, expressed concerns about protecting the creek riparian habitat, and
suggested involving the Salmon Enhancement Program.
Keith Gurnee, 108 Broad Street, stated that the proposal would result in hundreds of non - conforming uses
and suggested that the proposal apply to undeveloped property only.
Dave Garth, 2046 San Luis Drive, expressed concerns about increased trash, erosion, trespassing, and loss
of privacy for creekside areas.
Rob Strona. One Buena Vista, expressed concerns regarding City opposition to a proposal to build two homes
near Bishop Peak in the County and suggested that the City provide an Environmental Impact Report for the
Open Space Element
Loma Brown. President of the League of Women Voters, stated that the League supported the update of the
Open Space Element, expressed concerns about the proposed creekside set -back and submitted a document
that outlined several detailed suggestions including a mission statement, an Open Space map, an appendix
listing the open space holdings and changes to specific pages.
Robert Newby. 5355 Davenport Creek Road, expressed concerns about the cost of implementation and the
negative declaration.
Phil Ashley, 1586 La Cita Court, suggested changing "significant wetlands" to °wetlands° and submitted
pictures of San Luis Creek showing water lines and vegetation, including ivy.
Mayor Pinard declared the public hearing closed.
Moved by Settle /Roalman to continue this item to Tuesday, September 21, 1993; motion carried (5-0).
9:20 P.M. Mayor Pinard declared a recess.
9:45 P.M. Council reconvened; all Council Members present.
3. EXCHANGE OF PROPERTY - LAGUNA LAKE COMPANY (File No. 882)
Council held a public hearing to consider an exchange of property between the City of San Luis Obispo
(Laguna Lake Municipal Golf Course, 11175 Los Osos Valley Road) and Laguna Lake Company (Laguna Lake
Mobile Estates, 1801 Prefumo Canyon Road).
Council Member Romero stepped down due to possible conflict of interest.
Arnold Jonas, Community Development Director, reviewed the proposal which was necessary to correct an
encroachment onto City property and the requirement to complete a children's play area.
1 Bob Headley, 1801 Perfumo Canyon Road, Manager and General Partner of the Laguna Lake Company, stated
the children's play area was not necessary because there were City parks in the area, insurance was difficult
City Council Meeting Page 6
Tuesday, September 7, 1993 - 7:00 P.M.
to obtain, the play area was in disrepair. There were only 17 children in the park, and 70% of the residents
responded to a survey which indicated that 83% of the residents did not want the children's play area.
Council discussed the increased liability of the playground in disrepair, the playground was a condition on
the promise of the owner to maintain it, the need for seniors to have a play area for their visitors to use, and
the wording of the questionnaire.
Bill Henson, 1860 Thelma Drive, expressed concerns about the condition of the playground and insurance
expenses and stated that the children's play area was needed for visiting grandchildren as well as park
residents.
Lois Rhinehart. Laguna Lake Mobile Home Park, stated the children's play area was needed.
Betty Henson, 1860 Thelma Drive, stated the children had nowhere else to play and stated that the play area
was falling apart.
Kathy Babb. 1017 Jane Drive, stated her children had nowhere to play.
Anna Rathbone, 1829 Thelma Drive, stated that the children were forced to play in the street and the survey
was worded in an intimidating manner.
Gary Collister, 2670 Spring Street, Long Beach, stated it was difficult to locate the playground and it was too
expensive because of increased insurance costs.
Tom Emo, 1005 Jane Drive, stated he had two children and supported the need for a children's play area.'
Mayor Pinard declared the public hearing closed.
Moved by Settle /Raooa to adopt Resolution No. 8210 approving the property exchange between the City of
San Luis Obispo and Laguna Lake Company based on findings and subject to the following conditions: 1)
Laguna lake Company shall install a play area within the Mobile Home Park to the approval of the Community
Development Director and Recreation Director; and 2) Laguna Lake Company shall remove the concrete slab
and the basketball backstop from the site of the former children's play area to the approval of the Public
Works Director; and approve Agreement No. A- 65 -93-CC with the Laguna Lake Company once all conditions
are satisfied, for on -going maintenance of the creek area, including all creek repair sites for periods of time
specified under approved permits; motion carried (4 -0-1, Council Member Romero not participating).
4. REZONING - SOUTH HIGUERA STREET (File No. 462)
Council held a public hearing to consider a request to rezone a 1.61 acre site on the east side of South
Higuera Street between Chumash Drive and Margarita Avenue from C-S (Service - Commercial) to C-S-MU
(Service - Commercial Mixed -Use); Robert Takken and Dan McBride, applicants.
Arnold Jonas, Community Development Director, reviewed the proposal.
Charles Crotser, architect representing the applicant, stated that the Homeowners Association from the
Chumash Mobile Home Park preferred not to have access to the proposed development and stated that they
were trying to obtain financing. 1
Council thanked the applicant for the proposal stating it was consistent with their goals.
City Council Meeting Page 7
Tuesday, September 7, 1993 - 7:00 P.M.
Moved by RaoOa /Pinard to Introduce to print Ordinance No. 1246 approving a negative declaration; and
rezoning the parcel from C-S to C -S-MU; motion carried (5.0).
BUSINESS ITEMS
8. SATE REVENUE REDUCTIONS (File No. 1113)
Council considered the status of the City's financial condition after State revenue deductions.
John Dunn. City Administrative Officer, reviewed the financial position of the City and service reductions as
a result of the state budget cuts. He recommended that no adjustments be made because of unknown
actions of the state and difficult years ahead.
Jim Gardiner. Police Chief, asked that Council reinstate a Unit Supervisor (Traffic Sergeant) position and
outgned the duties of that position.
John Dunn. City Administrative Officer, stated that there was $80,000 less in the General Fund as a result of
adjustments to the CDBG program.
Tim Girvin. President of the San Luis Obispo City Employees Association, stated that the Association had
negotiated a salary increase deferral based upon an estimated State takeaway, that they were the only
employee group to renegotiate and that it would be unjust to add positions to other bargaining groups. Their
employees had been severely Impacted by losing 12 -1/2 positions and they wanted to maintain the
cooperative process that had been established.
Peter Jenkins. Manager of the Thursday Night Activities, supported retaining the Traffic Sergeant Supervisor,
stating that it would make Farmers Market more effective.
Charlie Fruit applauded the conservative fiscal approach.
Dick Cleaves. President of the Business Improvement Association, supported retention of the Traffic Unit
Supervisor, which was important in coordinating a variety of special events.
Council discussed the proposal for a 1/20 sales tax on the November ballot, the difficult financial condition
of the City, layoffs, and recognized the San Luis Obispo City Employee's Association for agreeing to
concessions and expressed their appreciation.
Moved by Roalman /Settle to take no further action and review status at mid -year budget review; motion
carried (4.1, Council Member Romero voting no).
& SLOCOG JOINT POWERS AGREEMENT (File No. 1151)
Council considered the Joint Powers Agreement of the San Luis Obispo Council of Governments ( SLOCOG)
for Fiscal Year 1993/94 (continued from 8/3/93).
Upon questioning, Ron DiCarli. Executive Director of SLOCOG, clarified that he would recommend the City
be allowed to vote at an upcoming SLOCOG meeting if the Item was continued this evening.
Moved by Pinard /Roalman to continue this Item to Tuesday, September 21, 1993 due to the lateness of the
hour, motion carried (3-2, Council Members Rappa and Romero voting no).
City Council Meeting Page 8
Tuesday, September 7, 1993 - 7:00 P.M. '
7. ROUTE 41 REALIGNMENT (File No. 1150)
Council considered a request by Vice Mayor Roalman for a City position concerning the Route 41 realignment
project before SLOCOG.
Robert Nimmo, 7375 Villa Rosa, Atascadero, stated Atascadero's Council approved the project, that it was an
Important part of the General Plan and asked for support.
Ron DiCarli. !Executive Director of San Luis Obispo Council of Governments (SLOCOG), reviewed the various
approvals for the proposal and the need to clarify Atascadero's position and stated any savings would be
reallocated to other projects not in the area.
Merry Ouay. 7285 Sycamore Road, Atascadero, expressed his support for Alternative A modified.
Council discussed supporting Atascadero's position, the expense and impact of the proposal.
Moved by Pinard /Settle to instruct delegate Roalman to vote his conscience after hearing public testimony;
motion carried (4.1, Council Member Rappa voting no).
8. LOAN OF CITY TROLLEY (File No. 549)
Council considered a request by the City of Morro Bay to rent a San Luis Obispo trolley for passenger u
during the 1993 Morro Bay Harbor Festival.
Mike McCluskev. Public Works Director, expressed his concerns about insurance issues and enumeration;
stating that the standard trolley rental was $800 per day in San Francisco.
Ken Ham ip an. Assistant City Administrative Officer, stated that they get frequent requests to utilize the trolley
which was needed as a back -up for City service.
Council explored different alternatives for the loan of the trolley.
Moved by Romero /Rang_a to deny the request on the basis that it is needed as a backup for our system;
motion carried (3-2, Council Members Settle and Roalman voting no).
COMMA. Council Members Raooa and Romero requested placement of the Margarita area on the
October 5th agenda for update and discussion.
COMM.2. Mayor Pinard discussed legislative actions opposing State housing proposals (discussion
held).
11:59 P.M. there being no further business to come before the City Council, Mayor Pinard adjourned the
meeting to September 14, 1993 at 7:30 P.M.
APPROVED BY COUNCIL: 10/5/93
e R. Gla well, C" Clerk
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