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Home My WebLink About08/20/1996CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 20, 1996 - 5:30 P.M. LIBRARY CONFERENCE ROOM - 995 PALM STREET SAN LUIS OBISPO, CALIFORNIA CONFERENCE WITH PROPERTY NEGOTIATOR - Pursuant to Government Code § 54956.8 Property: (1) 68 acres on west side of U.S. 101 At Marsh St. (2) 1500 acres at the end of Davenport Creek Road Negotiating Parties: City of San Luis Obispo: John Dunn Ken Hampian - Neil Havlik Property Owner Representatives: (1) Maino Family (2) John Guidetti Negotiation: Whether to Acquire Council authorized further negotiations on the Maino Property. . CONFERENCE WITH LEGAL COUNSEL - Pursuant to Government Code § 54956.9(B)(3)(C) regarding Existing Litigation, Claim of Ralph Richards Council authorized further negotiations on the Claim of Ralph Richards. M' CONFERENCE WITH LEGAL COUNSEL - Pursuant to Government Code § 54956.9(c) regarding Initiation of Litigation Number of Cases: 1 Council authorized joining litigation regarding the County of San Luis Obispo vs. Maino, et al. At 6:50 p.m. the City Council adjourned to Library Community Room for Regular Meeting. APPROVED BY COUNCIL: BG:bv •• onnis L. Gawf, ty Cle I_ J MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 20, 1996 - 7:00 P.M. LIBRARY COMMUNITY ROOM - 995 PALM STREET SAN LUIS OBISPO, CALIFORNIA CALL TO ORDER: Mayor Allen K. Settle called the meeting to order at 7:00 p.m. ROLL CALL: Mayor Settle noted for the record that all Council Members were present. Jeff Jorgensen, City Attorney, reported that during tonight's - closed sessions, the Council authorized further negotiations on the Claim of Ralph Richards; Council authorized further negotiations on the Maino Property; and Council authorized joining litigation regarding the County of San Luis Obispo vs. Maino, et al. PRESENTATION Mayor Settle presented a proclamation recognizing the 40th Anniversary of the SLO County YMCA to Debbie Quaglino and Karen Sisco of the YMCA. PUBLIC COMMENT _ John Dunn. City Administrative Officer, stated that in response to community concern over the freeze of funds available for the spay neuter program, the Police Department is lifting the freeze _ and the program will continue until the funds are depleted. Peggy Wilson. Oceano, stated that she is pleased with the lifting of the freeze. Irene Morehouse, Arroyo Grande, stated that the decision to continue the program is a wise one. Michael Seitz, 112 Cerro Romauldo, presented a petition signed by 600 people in opposition to the Chorro Street traffic calming and asked that the item be agendized for the first meeting in October. Kathleen Gingles, 172 Broad, spoke in opposition to the speed humps on Chorro Street and asked that the bus service be expanded. Sharon Seitz, 112 Cerro Romauldo, spoke in opposition to the Chorro Street speed humps and offered alternatives. Matt Wall, 584 Patricia, suggested the formation of a committee to address the controversy, and asked Council to rescind the previous actions relating to Chorro Street. Ben Griffin, San Luis Obispo, asked for reconsideration of the Chorro Street Traffic Calming issue by the City Council. Larry Voss, 611 AI-Hil Drive, suggested that the speed limit be lowered on Chorro Street and stop signs be installed and the speed humps be removed. Cynthia Griffin, 688 Cerro Court, stated her agreement with the previous comments regarding Chorro Street. Patricia Ashbaugh, 193 Los Cerros, spoke In opposition to the Chorro Street speed humps and asked the Council to reconsider the issue. John Ashbaugh, 193 Los Cerros, agreed with the previous speakers, stated that bicycling on Chorro Street is hazardous and asked Council to reconsider the issue. 1 Nanor Sekavan, stated that the money spent on the Chorro Street should have been spent on schools. John Dunn, CAO, stated that the timing of the redress'of this issue will be based on the period of time necessary to perform a thorough evaluation of the.'situation. 1 Bill Glidden, spoke in opposition to the traffic calming plan. LIAISON REPORTS Council Member Roalman reported on SLOCOG meeting COMMUNICATIONS After discussion, the Council agreed to schedule a Study Session at 6:00 p.m. on Tuesday, September 3,1996, regarding proposed development of a multi - purpose community sports complex • on the Cal Poly Campus. John Dunn, CAO, reported on the housing shortages being experienced by Cal Polys students, and stated that the University plans to build additional campus housing. John Dunn, CAO, reported on the anticipated reduced funding for transit services and suggested that Council may want to designate two members to a subcommittee to work on the issue. Council concurred that the matter be agendized for the September 3, 1996 meeting. - PUBLIC HEARINGS 6. TRANSFER OF DEVELOPMENT CREDIT (TDC) (File No. 468) ' Council held a public hearing to consider approving a negative declaration of environmental impact and adding enabling provisions for Transfer of Development Credit to the City's Zoning Regulations and Subdivision Regulations. Glen Matteson, Associate Planner, presented the staff report, explaining the logistics of TDC's. He stated that the Land Use Element Identifies specific sites that could receive TDC's. Council Members voiced concerns that some TDC sender sites were not in the San Luis Obispo urban reserve or greenbelt area, and that the. County had not yet adopted a plan for TDC's. Mayor Settle opened the public hearing. Diane Hull. San Luis Obispo, asked that a sunset clause be included in the ordinance and asked the Council to delay decision until after September 17th, when the County will decide what their program will be. Ray Belknap. Land Conservancy, spoke in support of the item and explained some of the details . of the ordinance and associated issues. Mayor Settle closed the public hearing. After discussion, moved by Williams /Smith to ask for further refinements regarding the geographic area and annual review period; motioned carried (5 -0). . 1 7. _ TEXT AMENDMENT - NIGHTCLUBS (File No. 462) Council held a public hearing to consider a request to amend the text of the Zoning Regulations to permit nightclubs in the Service Commercial (C-S) zone (TA 87 -96, ER 87 -96); William Bogdan and Kenn Shaw, applicants. Arnold Jonas, Community Development Director, presented the staff report Mayor Settle opened the public hearing. Bill Bogdan, applicant, spoke in favor of the amendment and asked that the Planning Department handle the use permit, rather than the Planning Commission. Mayor Settle closed the public hearing. After discussion, moved by Smith/Williams to introduce Ordinance No. 1305 to print approving a negative declaration with mitigation measures, and amending the text of the zoning regulations (Section 17.22.010, Table 9, Uses Allowed by Zone) to allow nightclubs in the C-S zone, with the requirement for a Planning Commission use permit and the addition of a footnote, based on findings; motion carried (5-0). 8. DEMOLITION REGULATIONS AMENDMENTS (File No. 426) Council held a public hearing to consider a recommendation by the Cultural Heritage Commission to amend the demolition regulations. Tom Baasch, Chief Building Official, presented the staff report. Mayor Settle opened the public hearing and, having no requests to speak, closed the public hearing. ' After discussion and minor amendments to the language, moved by SmithlRoalman to introduce Ordinance No. 1306 to print as amended, amending the City demolition regulations by repealing Chapter 15.36 and creating Appendix Chapter 1-- Demolition and Moving of Buildings to the Uniform Building Code; motion carried (4 -1, Williams opposed).• 9. WATER SYSTEM ACCESS CHARGES (File No. 516) Council held a public hearing to consider approving a "Fixed Fee" method for establishing water system access charges, and establishing a monthly fee of $22.40, effective November 1, 1996, for commercial properties that use a private well to meet water needs but are connected to the City water system for on -site fire protection. Gary Hendersen, Water Division Manager, presented the staff report, detailing the plan. Mayor Settle opened the public hearing. Diane Hull, stated that the actual cost of the connection should be the basis for the charge. Mr. Henderson clarified that there is an ongoing cost to maintain the connection. Mike Spangler, stated that those businesses who do not connect should be the ones charged to create an incentive to use the City water system for on-site fire protection. Mayor Settle closed the public hearing. After discussion, moved by Williams /Smith to approve "Fixed Fee" method and adopt resolution establishing water system access charges; motion carried (4 -1, Roalman opposed).