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Home My WebLink About11/30/1993City Council Meeting Tuesday, November 30, 1993 - 6:30 PM Council discussed existing litigation (City vs. Miller, Walter, et al.). Vice -Mayor Roalman adjourned the meeting to regular session. MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 30, 1993 - 7:00 PM CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Page 2 Present: Council Member Penny Rappa, Dave Roalman, Allen K. Settle, Vice -Mayor Bill Roalman, and Mayor Peg Pinard Absent: None City Staff Present: John Dunn, City Administrative Officer, Diane Gladwell, City Clerk; Jeff Jorgensen, City Attorney; Mike McCluskey, Public Works Director, Arnold Jonas, Community Development Director Jeff Jorgensen, City Attorney, stated that Council had met In closed session to discuss existing litigation (City vs. Miller, Waiter, et al.). PUBLIC COMMENT PERIOD P.C.I. Don Smith, San Luis Obispo, reviewed the purpose of the Public Interest Action Center of San Luis Obispo County (PIAC). PUBLIC HEARINGS 1. TREE APPEAL - JAYCEE DRIVE (File No. 407) Council held a public hearing to consider an appeal by Liz Gladwill of a Tree Commission decision to deny tree removal request at 382 Jaycee Drive. Mike McCluskey, Public Works Director, reviewed the committee's recommendation to deny the removal request and submitted pictures of the neighborhood. Dr. Brown. Chair of the Tree Committee, stated that the tree was in good health and did not warrant removal. Mavor Pinard declared the public hearing open. 1 L- City Council Meeting Page 3 ' Tuesday, November 30, 1993 - 7:00 PM Liz Gladwill. 382 Jaycee Drive, stated she was not able to go to the Tree Committee hearing, but the tree warranted removal because of the replacement of the sewer pipe approximately one foot away, a lack of sidewalk in a school neighborhood, and the blockage of fight into the house. She stated that many neighborhood trees had already been removed. Mayor Pinard declared the public hearing closed. Council was informed that the sewer pipe had been replaced and the tree had been pruned. A Street Maintenance Worker II had issued a permit for tree removal several years ago, but it was only valid for one year. Moved by Roalman/Romero to adopt Resolution 8243 upholding the Tree Committee's decision to deny the removal request; motion carried (5-0). 2. TENTATIVE TRACT MAP - PISMO STREET (File No. 410) Council held a public hearing to consider a tentative tract map to create 9 air -space residential condominiums at 533 Pismo Street; Derek Eastwood, subdivider. Arnold Jonas. Community Development Director, reviewed the project. Council clarified that groundwater contamination was being determined presently, but it had not been determined which party would pay for any clean up necessary. Mayor Pinard declared the public hearing open. Craig Campbell and Kurt Anderson project engineers from John Wallace & Associates, stated that they concurred with the staff report. Mayor Pinard declared the public hearing closed. Council discussed potential liability for contamination and the City's ability to require cleanup. Jeff Jorgensen, City Attorney, stated that the contamination was not in the groundwater, and that the City's action would be in the nature of consumer protection. Moved by Rappa /Romero to adopt Resolution 8244 approving the vesting tentative map for Tract 2139 to create a nine airspace condominium at 533 Pismo St.; motion carried (5-0). 3. AIRPORT AREA ANNEXATION (File No. 441) Council held a public hearing to consider the revised schedule for analyzing and pursuing the Airport Area Annexation, including the Margarita Expansion Area, and protection of open space south of the Airport Area. Ken Hampian, Assistant City Administrative Officer, reviewed the amended schedule and stated that the Local Area Formation Commission (LAFCo) fees would be refunded if the project did not go forward. Paul Hood. Executive Director of LAFCo, reviewed the process, stating the City would become the lead after the completion of the environmental impact report (EIR) and specific plan. City Council Meeting Page 4 Tuesday, November 30, 1993 - 7:00 PM Council discussed the process of the Land Use Element update, EIR, fiscal impact analysis, negotiations for property tax exchange, greenbelt and open space areas. Mayor Pinard declared the public hearing open. Don Smith, 1111 Vista Lago, stated that the resolution was misleading, expressing concerns about lack of mitigation measures in the General Plan Environmental Impact Report, as well as financing for public facilities. LeeAnne Haomaier. representing RRM Design Group, which acts as a liaison between the property owners and the County, requested a resolution of intent to annex the area prior to the specific plan being developed. She requested separate planning for the Margarita Area and the establishment of the assessment district to fund public facilities. Dana Liiley, staff to the County Planning Department, stated that annexation was consistent with the City's goals and recommended working with the Ventura model. John Wallace. representing the Martinelli's (property owners), expressed doubts regarding the overall joint approach to the Margarita Area and requested flexibility in processing. Mayor Pinard declared the public hearing closed. Council discussed the forthcoming fiscal impact analysis, the high number of property owners and complexity of the annexations. Moved by Roalman /Raooa to 1) approve the revised the schedule for analyzing and pursuing the Airport Area annexation (including the Margarita Area expansion area); 2) adopt Resolution No. 8245 initiating the annexation process, amending Section 6 to include "City retains the right to revoke the application if environmental and fiscal impacts are not beneficial to the community, or an equitable tax allocation exchange cannot be reached"; 3) direct staff to submit the revised resolution to initiate the annexation process, along with the required application materials and plan for services to the Local Area Foi n tion Commission (LAFCo); motion carried (4-1, Council Member Settle voting no). Moved by Romero /Raooa to direct staff to work with the County and other agencies to develop policy and programs regarding greenbelt areas within the areas South of the airport; motion carried (5-0). 9:20 PM Mayor Pinard declared a recess. 9:35 PM City Council reconvened; all Council Members present BUSINESS ITEMS 4. BRIDGE REPLACEMENT PROJECT (File No. J -12H) Council considered plans and specifications for "Bridge Replacement Project: Nipomo Street at San Luis Creek", City Plan No. J -12H, estimated total cost: $602,000 (State Share: $440,000; City Share: $162,500). Mike McCluskev, Public Works Director, and Barbara Lynch, Engineering Assistant, reviewed the project J 1 u 1 City Council Meeting Tuesday, November 30, 1993 - 7:00 PM Page 5 Moved by Settle /Romero to 1) approve plans and specifications; 2) authorize staff to solicit bids; 3) authorize CAO to award a contract to the lowest responsible bidder within engineer's estimate; and 4) authorize allocation of up to $7,500 to BIA /Merchant Association for promotion and advertising to mitigate economic effects of the project; motion carried (5-0). COMMUNICATIONS COMMA. Correspondence received from Alex Madonna and Costco requesting a pre - application concept review was discussed. Moved by Romero /Rauaa to schedule a study session on December 16, 1993 to discuss the Madonna / Costco request; motion carried (5-0). 9:47 PM Mayor Pinard declared a recess to closed session to discuss real property negotiations (Dalidio and Munch properties) and existing litigation (Boles vs. City and Gove vs. City). 10:20 PM Council reconvened to open session to report on action taken. 10:30 PM there being no further business to come before the City Council, Mayor Pinard adjourned the meeting. APPROVED BY COUNCIL' 1/18/94 DRG:cm ROLL CALL: R. Gla well, CI (y Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, DECEMBER 7, 1993 - 7:00 P.M. CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Council Members Present: Council Member Penny Rappa, Dave Romero, Allen K. Settle, Vice -Mayor Bill Roalman, and Mayor Peg Pinard Absent: None City Staff Present: John Dunn, City Administrative Officer, Diane Gladwell, City Clerk; Jeff Jorgensen, City Attorney; Ken Hampian, Assistant City Administrative .Officer, Mike McCluskey, Public Works Director, Arnold Jonas, Community Development Director, Bill Statler, Finance Director; Jim Gardiner, Police Chief; Mike Maramonte, Acting Recreation Director