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HomeMy WebLinkAbout03/19/1991, C-1 - MINUTES 1' IEMNG AGENDA DATE - - Q ITEM#=1._ MINUTES JOINT MEETING OF THE SAN LUIS OBISPO CITY COUNCIL&BUSINESS EWMOVF31E]T ASSOCIATION MONDAY,FEBRUARY 11,1991-7:10 PAL CITY/COUNTY UMBARY COMMUNITY ROOM-99S PALM STREET SAN LUIS OBISPO,CALWORNIA Dr,:i? Mmm.es ROLL CALL �o approval at Council Meeting Coancilmembers of, ,j—/9 — 9/ Present: Vice Mayor Bill Roalman, Councflmembers Penny Rappa,Jerry Reiss and Mayor Ron Danin Absent: Councilmember Peg Pivard City Staff Present: John Dunn, City Administrative Officer; Iden Hampian,Assistant City Administrative Officer-,Jeff Jorgensen,City Attorney; Pam Voges,City Clerk; Arnold Jonas, Community Development Director Business Improvement Association Members Present: Tom Brown, Ruth Nimeh,Chuck Adoff,Steve Owens,Pierre Rademaker, Michael Spangler,Forrest Watts,President Tom Donat,Administrator Monte Lukov; Becky Hoffman and Betsey Irwin (arrived at 7:10 P.M.) Absent: Jim Delmore PUBLIC COMMENT There was no public comment. BUSINESS ITEMS 1. PROSPECTIVE RELOCATION OF CERTAIN COUNTY FUNCTIONS TO TRW SITE (Lakov) Council considered a request from the Business Improvement Association regarding concerns for the prospective relocation of certain County functions to the TRW site on Laurel Lane. Monte Lukov, the&I.A.Administrator,submitted a memorandum at the meeting reviewing the County expansion needs and a summary of possible options. He also stated that if the County expanded, the downtown would- 1 Lose some 200+ people,no matter how short term,which could upset the economic stability of an area already faced with financial hardships (current local and national economy,the seismic and fire sprinkler retrofit,shake out of current losses of businesses downtown,and area wide commercial expansion in Santa Maria/Santa Barbara); 2 The County would be failing to work within the tripolar framework of City planning and this would remove what little manufacturing zoning is on the market. Also,the B.I.A.was concerned that,dependent upon which departments were consolidated at the TRW site, the additional loss of e J.,./ - / City Council Minutes Page 2 Monday,February 11, 1991 -7:00 P.M. subsidiary-type businesses which would follow the lead action would make an even greater impact on the downtown economic status; 3 City government, B.I.A.and other interested parties should start finding solutions to the impact issues like those on the downtown and the community as a whole and show a willingness to fast- track projects including,where necessary,economic support where a return value would he recognized. The B.I.A.was requesting that (1) Council specifically adopt a resolution which would oppose the current proposed expansion to the TRW site. And,that (2) Council and stats work with all interested parties to offer a total commitment to finding and supporting a concrete solution to both short and long term space problems facing the County. Ton Donat.President of the B.I.A.,suggested some specific ideas for keeping the County in the downtown core. He felt it was important that the City provide answers to the County's needs or,at least,suggest alternative sites. On the long term,they were recommending (a) expansion of the Court Street parking lot (b) development of 1039 Monterey plus an expansion to the property next door (c) possible joint venture in Court Street projects (d) expansion of current County courthouse property(e) possible purchase of the Mitsubishi property and, (f) possible property exchange by the City and County of the City recreation property on Santa Rosa Street for the Veterans Building on Grand Avenue. On the short term,it was suggested that (a) the City lease for one dollar per year the old City/County Library(b) the County temporarily lease the balance of the old A.T. &T. Building at the corner of Mill and Morro (c) the City go ahead with its expansion and agree to rent the area to the County for a number of years. Mike Suaneier of the B.I.A.urged that the City provide something to encourage the County to stay downtown and develop the downtown to its full potential. He felt a clear message needed to be sent to the County that the City was supportive of them. Rob Strong representing his client,TRW,explained that TRW was not soliciting the County but, rather, he was hired to get the best financial return on the property. He would be asking for a PD on one part of the property and Residential for the remainder. Pierre Rademaker asked the question: Did the City want to see the County decentralized or not? The B.I.A.was anxious to assist the County In their planning needs not just for the next 20 years but for the next 100 years. John Dunn. City Administrative Officer,also suggested hiring Fred Sweeney to help the B.I.A.and the City in estimating the County's planning needs. Councilwoman Rauua reminded the Council that this wasn't just the County's problem; that this was affecting the City and, therefore,it was also a City responsibility. Upon question by Councilman Roalman as to what City staff could provide to the County that they haven't already,John Dunn stated that they could help to identify specific sites as suggested,like across from the Fremont Tbeatre. The City could streamline the process and make the City's planning consultant available to the County. After discussion, moved by Rau Reiss (44)-1,Councilwoman Pinard absent) Resolution No. 6943 was adopted,a Resolution of the Council concerning the County of San Luis Obispo's proposed relocation of certain functions to the TRW site which opposed the County's relocation and offered the assistance of the Council and City stats City Council Minutes Page 3 Monday,February 11, 1991 -7:00 P.M. 830 P.M. Mayor Dania declared a recess. 8:40 P.M.City Council reconvened; Councilwoman Pinard abseuL COUNCIL LIAISON REPORTS Council reported briefly on activities of standing Council subcommittees and County regional committees and commissions. 9:15 P.M.Mayor Dunin adjourned the meeting to closed session to discuss real property acquisition at 955 Monterey Street (Court Street). 10:15 PAL There being no further business to come before the City Council,Mayor Dunin adjourned the Council meeting. APPROVED BY COUNCIL: PV:san Pam Voges,City Clerk 6 - / - 3 MEETING AGENDA 3..-_�NREM MINUTES DATE REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,FEBRUARY 19, 1991 -7:00 P.M. COUNCIL CHAMBERS - CITY HALL-990 PALM STREET D'eaff MnAOM SAN LUIS OBISPO, CALIFORNIA ?8 6'a approved at 6ay,�Qi� Meeting ROLL CALL o _ 1-7_c� Councilmembeis Present: Vice-Mayor Bill Roalman,Councilmembers Peg Pinard,Penny Rappa,and Mayor Ron Dunin Absent: Councilman Jerry Reiss City Stats Present: John Dunn, City Administrative Officer, Ren Hampian, Assistant Administrative Officer, Jets Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas, Community Development Director, Bill Staffer, Finance Director, Bob Neumann, Acting Fire Chief;Jim Gardiner,Police Chief; Dave Romero,Public Works Director, Tim Stockton, Recreation Director, Bill Hetland, Utilities Director, John Moss, Wastewater Division Manager,Jan DiLeo,Long Range Planner, Mike Multari PUBLIC COMMENT P.C.1. Richie Ray Walker expressed concerns regarding TRW and the City budget. CONSENT AGENDA Moved by Pinard/Roalman that the Consent Calendar be approved as recommended by the City Administrative Officer with the exception of C-0 as noted (4-0-1, Councilman Reiss absent). C-1 COUNCIL MINUTES The following minutes were approved as amended (4-0-1, Councilman Reiss absent): Tuesday, December 4, 1990 at 7:00 pm.; Tuesday, December 18, 1990 at 7:00 p.m.; Wednesday,January 2, 1991 at 7:00 p.m.; and Tuesday,January 15, 1991 at 7:00 pm. C-2 SB 169 -COUNTY BOOKING FEE AND PROPERTY TAX ADMINISTRATION (File No.332) Council adopted Resolution No. 6937 (4-0-1, Councilman Reiss absent) in support of SB 169 to repeal the authority granted in SB 2557 regarding jail booking fees and administrative expenses for the collection of property taxes as recommended. C-3 SPECIAL SESSION BILLS (File No.296) Council adopted Resolution No.6938 (4-0-1,Councilman Reiss absent) supporting three Special Session Bills to eliminate exemptions from the state and local sales and use taxes as recommended. City Council Minutes Page 2 Tuesday,February 19, 1991 C4 UMTA APPORTO MENT GRANT (File No.541) Council adopted Resolution No.6939(4-0-1,Councilman Reiss absent)to replace Resolution No.6862 applying for a Section 18 Apportionment Grant to partially fund the costs of acquiring trolley vehicles as recommended. C-5 CREEK DIVERSION CONSULTANT (File No.511) Council adopted Resolution No. 6940 (4-0.1, Councilman Reiss absent) authorizing the selection of Tenera Environmental Services as the consultant for the Hansen and Gularte Creeks Diversion EM and Mayor authorized to sign the consultant services Agreement(A-08.91-CC)for an amount of compensation not to exceed $14,755. C-0 RATIONING PROGRAM SURCHARGES (File No.517) Council considered granting authority to the Water Conservation Coordinator to waive rationing program surcharges under specific conditions. After brief clarification, moved by Pinard/Mavor Dunin to grant authority to the Water Conservation Coordinator to waive rationing program surcharges as recommended in the staff report. Motion carried unanimously (4-0-1, Councilman Reiss absent). PUBLIC HEARINGS 1. TRANSIENT OCCUPANCY TAX (File No.296) Council held a public hearing to consider increasing the Transient Occupancy Tax from 69o' to 99o. John Dunn.City Administrative Officer,requested that after discussion with representatives from the Chamber of Commerce, the Visitor's and Convention Bureau, and the Hotel/Motel Association, that this item be continued for two weeks. Moved by Ranna1Roalman this item continued without discussion to the next Regular Council Meeting of 3/5/91 as recommended (4-0-1,Councilman Reiss absent). 2. INDUSTRIAL USER PERMIT FEES Council held a public hearing to consider the establishment of Industrial User Permit Fees for those users discharging to the City's wastewater system. Bill Hetland. Utilities Director, reviewed the agenda report with the recommendation that Council adopt a resolution establishing an Industrial User Permit Fee for those users discharging to the City's wastewater system. The fees ranged from $285 to $1,140. He stated that in 1982, the City had established a federally mandated pre-treatment program for monitoring and controlling of industrial user's discharge waste to the City's wastewater collection and treatment systems. In order to fund the program, in any future increases in program cost,staff developed a system of industrial permit fees based on the minimum number of monitoring events,which includes inspections and sampling required to insure industry compliance with local,state,and federal regulations. Mayor Dunin declared the public hearing open. Pierre Matheson.representing Matt's Alignment,was opposed to paying the charge and in his case,it was$570. He said that there are other mandates in effect which keep him from discharging. He does not discharge waste into the system and,therefore,should not be held accountable for it. City Council Minutes Page 3 Tuesday,February 19, 1991 Jim Hobbes.with J.Toole Repair Shop,also spoke in opposition to the Industrial User Fee program and felt that this should be something charged against actual polluters,not just businesses because they had hazardous materials available. Bruce Terry.470 Woodbridge,owner of three Dominoes Picas,also was opposed to the fee. He stated that they had traps at all three of their locations and were also not polluters. Russ Hinlan.29S Lincoln,spoke against the fees. Dale Price.owner of American Muffler Shop,also was opposed. Michael Frucht. owner of Michael's Defy spoke in opposition. Jim Rissoli.of Rissoll's Automotive,spoke in opposition and felt that just because he had hazardous materials did not mean he was a polluter. Forrest Wattson behalf of the Restaurant Association,also spoke in opposition. Angela Decolbv spoke to the quality of life which she felt was diminishing in San Luis Obispo because of over regulation. Robert Saleksrepresenting the Elk's Lodge,was concerned about the fee increase and felt this was another move against the business industry. Ron James. 1192 Vista Del Lago, felt that it was unfair to the businesses and that the fee should be for all wastewater users. Don Scorake.of Escort on Laurel Lane,was opposed to the fee. Mayor Dunin declared the public hearing closed. Councilwoman Rappm reminded the Council that this had been a fee that Council had directed staff to come back with. Moved by Rauna1Roalman to adopt a resolution setting industrial user fees for wastewater discharge as recommended. Motion failed(1-3-1,Councilmembers Pinard.Roaiman.and Mayor Dunin voting no, Councilman Reiss absent). Moved by PinardjRoalman to direct staff to report back with a revised Industrial User Permit program, incorporating suggestions made by Councilmembers including reduced inspection fees for commercial establishments and a fine program for actual offenders. Motion carried unanimously (4-0-1,Councilmember Reiss absent). 8:25 p m. Mayor Dunin declared a recess. 8:40 pan. City Council reconvened, Councilman Reiss absent. 3. REVISED BIA THURSDAY NIGHT ACTIVITIES RULES AND FEES (File No.471) Council continued its public hearing to consider the BIA's revised Thursday Night Activities Rules and Regulations and Fee Schedule (continued form 2/5/91). Ren Hamman.Assistant City Administrative Officer,briefly reviewed the report stating that this was a clean- up from two weeks ago and urged the Council's approval of both the revised actions. In the rules and regulations, Council had opted to delete Item E, under Section 5,that would have provided the BIA with the ability to restrict displays that were not in keeping with the family oriented nature of Thursday nights. Due City Council Minutes Page 4 Tuesday,February 19,1991 to concerns raised by the public,the Council deleted this section and asked the BIA to work with the community to develop more appropriate language. BIA had since decided that they concurred with the Council's decision to delete Item E and would develop other means to meet the intent of the provision. Mayor Dunin declared the public hearing open. No one spoke for or against the hearing. Mayor Donin declared the public hearing closed. Moved by Rappa/Pinard. Resolution No. 6941 and 6942 were adopted amending the BLA's Thursday Night Rules and Regulations and approving the revised fee schedule as recommended. This included a rescinding of Resolution No.6934 and 6935 (4-0,Councilman Reiss absent). 4. LAGUNA LAKE MANAGEMENT (File No.883) Council considered the future management of Laguna Lake (continued from 2/5/91). Dave Romero. Public Works Director, gave a lengthy report on the background and future management suggestions for Laguna Lake and specifically made the recommendations to A) proceed with plans and specifications for removal of material from the delta (Alternative A of the Staff Report),funding in this case would be considered in the 1991-93 budget; B) that the City expend no further effort to re-create an inlet to the lake arm (Alternative D);and C) requested that staff be given additional direction concerning long-term viability of the lake. The alternative actions included three: 1) adding treated effluent from the City sewage treatment plant;2)raising the lake level by building a weir upstream of the Madonna Road culvert;3)dredging of Laguna Lake. He reviewed in detail the dredging alternatives,which included A) removal of delta at the outlet of the Prefumo arm. This material would be trucked off site. Material which could be removed by this method was approximately 25,000 cubic yards at a cost of$130,000. B) Lowering of the bottom of the main portion of the lake by an average of 5 feet. The material removed would be deposited on approximately 25 acres of City owned property,northwest of the developed portion of Laguna Lake. The material to be removed was 500,000 cubic yards,at a cost of$2,700,000. C) Lowering of the bottom of all water area of lake to an elevation of 106 feet or an average of 5 feet. This is a larger version of the B alternative and is the one recommended in the Lake Management Plan. The material to be removed was 700,000 cubic yards at a cost of$3,700,000;and D)to lower the Prefumo inlet and remove all trees so as to recreate the lake arm condition envisioned with the original development. This alternative could be done in conjuction with Alternative B or C. The material would be hauled away. There could be problems with Fish and Game, the Corps of Engineers, or environmental concerns. Material to be removed was 50,000 cubic yards at a cost of$280,000 if a dry working condition could be achieved. If wet conditions were to be dealt with,cost could triple together with a substantial mess in trying to haul wet material from the site. Staff felt that removal of material from the delta (Alternative A) was of primary importance and is a continuation and extension of the existing maintenance program. Staff was currently preparing plans and had submitted a funding request to Zone 9. The City would need supplemental funds of approximately$80,000. Staff did not recommend the re-creation of the inlet condition envisioned by the original developer(Alternative D). This would involve removal of many trees along the inlet banks,contrary to the management plan,the EIR, and the wishes of Fish and Game and the Corps of Engineers. Staff did anticipate some opposition from the neighborhood,most important,however,would be the virtual impossibility of retaining water depth in this inlet without development of expensive silt retention facilities upstream of the City in Prefumo Canyon. Acquisition and development of the facilty would be quite complicated and time consuming. It was imperative that dredging of material from the main body of Laguna Lake be done or the Lake would eventually become a marsh and eventually a meadow. City Council Minutes Page 5 Tuesday,February 19, 1991 The question facing the Council was whether now was the appropriate time to go ahead with the program. Because of the difficulty in financing such major costs,staff felt that the program should not be funded solely from the general fund,but to look at all sources including user fees,assessment district,grants,and general funds. He felt it would be an appropriate topic of discussion for the Laguna hake Park Committee to review. Mayor Dunin asked for public comment. Brett Cross. 1217 Mariner's Cove, spoke in support of expanding the Laguna Lake arm and referred to the petition submitted in the Council's packet. Dr.Jon Davidson.spoke in support of dredging,particulary because of what he considered to be a fire hazard to the homes located in this area Jim Dummit, spoke as both a recreational user of the lake and representing windsurfers,also supported the initial dredging of the lake as quickly as possible. Don Merneche.1252 Atascadero,spoke in support of preserving the lake. He was concerned that he had sent a letter to the Mayor previously with no response. Catherine Owens, 1552 Madonna Road,spoke in support of maintaining the lake. Cathy Settle.1244 Drake Circle,spoke in support of preserving the lake. Walt Ross. 1132 Vista Del Lago,also supported the staffs recommendation to dredge. Glen Carlsonretired hospital administrator,encouraged maintaining of the Lake to keep it viable as well as preserving the wildlife. Neil Seiler. 1111 Vista Del Lago,spoke in support of the lake. Ann Phillipsasked the Council to look at the lake and the surrounding area as a wetland and should be preserved. Kenneth Athens, 1052 Vista, spoke in support of preserving the lake, reminding the Council that it was a Spanish Land Grant and was important to the area. Ed Blan 1152 Vista Del Lago,spoke in support. Gary Cauley,945 Del Rio,spoke in support and also felt that it needed to have the Lagune Lake inlet cleaned and dredged. Mr.Burkett.resident on Oceanaire, also in support. Mayor Dunin declared the public portion closed. Moved by Roalman/Rappa to proceed with the plans and specifications for removal of material from the delta as recommended by staff with funding to be considered in the 1991-93 budget and to seek$50,000 from Zone 9. Motion carried unanimously,Councilman Reiss absent. Moved by Roalman/RagpB to direct staff to begin the environmental impact report process for Projects B and C and begin exploring financial strategies for accomplishing the task. Motion carried (3-1-1, Mayor Dunin Toting no,Councilman Reiss absent). City Council Minutes Page 6 Tuesday,February 19, 1991 Moved by Roalman f Rama to direct staff not to expend further effort in pursuing re-creation of the inlet into the lake area (Alternative D) (3-1.1,Councilwoman Ranna voting no, Councilman Reiss absent). 10.20 p.m. Mayor Dunin declared a recess. 1030 p.m. City Council reconvened,Councilman Reiss absent. S. UREET NAMING PROCEDURES (File No.532) Council considered an existing ordinance to clarify street naming procedures. Arnold Jonas.Community Development Director,briefly reviewed the agenda report,with the recommendation that Council determine that the existing ordinance is adequate and does not need changing at this time, but to stipulate that petitions seeking name changes are to contain names of owners or residents of affected properties,but not both for an Individual property. It was staffs recommendation that only the property owner be allowed to sign the petition, not the tenant. Councilwoman Pinard was concerned that tenants not be given some opportunity to express their support or opposition to a street name change. Atter discussion,it was moved by Ranna/Roalman to determine that the existing ordinance is adequate. Motion carried (3-1-1, Mayor Dania voting no, Councilman Reiss absent). Moved by Dunin/Rauna to direct staff to bring the ordinance back with the deletion of paragraph D. Motion tied (2-2-1,Councilmembers Pinard and Roalman voting no, Councilman Reiss absent). 6. LAGUNA LAKE PARR MASTER PLAN (File 881) Council considered the initial draft planning principles for the Laguna Lake Park Master Plan. Jan DiLeo. Long Range Planner, reviewed the agenda report with the recommendation that Council approve the draft planning principles for Laguna Lake Park as forwarded to the Council by the City's Park and Recreation Commission,including the comment forwarded to the Council by the County of San Luis Obispo. Mike Multari,of Crawford,Multari and Star, reviewed the Park Master Plan giving a brief presentation. Councilwoman Pinard expressed safety concerns regarding the restrooms at the park,and asked that this be reviewed by the committee. Mayor Dunin asked for public comment. Walt Rosssuggested that the Council prune the trees. Jim Dumott spoke in support of the plan. After discussion, moved by Ranna/Pinard to approve the draft planning principles for Laguna Lake Park as forwarded by the Park and Recreation Commission,including the comment by the County of San Luis Obispo. Motion carried unanimously,Councilman Reiss absent. City Council Minutes Page 7 Tuesday,February 19, 1991 7. WASTEWATER SLUDGE DISPOSAURECLAMATION AGREEMENT (File No.511) Council considered an agreement for Wastewater Sludge Disposal/Reclamation with Blo-Gro Systems, Speatications No.9041. Bill Retland. Utilities Director,reviewed the staff report with the recommendation that Council approve and authorize the Mayor to execute an agreement with Blo-Gro Systems at a cost of$3450 per cubic yard of sludge removed and completion of the project not to exceed six months from notice to proceed as identified in the staff report. Moved by Rappa/Roalman to support states recommendation and to authorize the Myor to execute Agreement (#A-110-90-CC) with Bio-Gro Systems as recommended. Motion carried, (3-1-1, Mayor Dunin voting no, Councilman Reiss absent). COUNCIL LIAISON REPORTS CL-L Councilwoman Rapna reported that the BIA took action to appropriate$3,000 to explore alternatives for the County's expansion and to discourage the TRW site. There being no further business to come before the City Council,Mayor Dunin adjourned the meeting at 12:15 a.m.to Monday,February 25, 1991 at 7:00 p.m. APPROVED BY COUNCIL: PV:cmh Pam Voges,City Clerk MEETING DATE AGENDA �1 MINUTES �� � J ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY,FEBRUARY 25, 1991 -7:00 P.M. COUNCIL HEARING ROOM -CITY HALL-990 PALM STREET Draft Minutes SAN LUIS OBISPO, CALIFORNIA to be approved ROLL CALL at Council Meeting. Councilmembers of � Present: Vice-Mayor Bill Roalman,Councilmembers Peg Pluard,Penny Rappa,Jerry Reiss,and Mayor Ron Dunin Absent: None City Staff Present: John Dunn,City Administrative Officer,Ken Hampian,Assistant City Administrative Officer, Jeff Jorgensen, City Attorney, Pam Voges, City Clerk; Arnold Jonas, Community Development Director,Bill Staffer,Finance Director,Dave Romero,Public Works Director,Jan DiLeo,Long Range Planner, Carol Hoon, Recording Secretary PUBLIC COMMENT No public comment was received. APPOINTMENTS Al. PLANNING COMMISSION (File No. 123) Council considered two appointments to the Planning Commission. Mayor Dunin briefly reviewed the appointment process which is consistent with City policy as provided in the Advisory Body Hanclbook. Councilman Roalman expressed concerns that the commission was weighted too heavily on the side of business. He did not feel these reappointments adequately reflected the community's environmental goals. Moved by Mayor Dunin/Randa to appoint Keith Gurnee and Fred Peterson to the Planning Commission (3- 2,Councilmembers Pinard and Roalman voting no) to four and three year terms ending 3/31/95 and 3/31/94 respectively. Councilwoman Ranna requested that if Councilmembers had any particular suggestions for conducting the upcoming Architectureal Review Commission interviews, to share that with the Council Subcommittee. BUSINESS ITEMS 1. ADMINISTRATIVE CREEK POLICY CONVERSION (File No.517) Council considered converting the Administrative Creek Policy to a Waterway Ordinance. Jan DiLeo Long Range Planner,reviewed the agenda report with the recommendation that the Council direct Community Development staff to complete a waterway ordinance. The purpose and intent of the ordinance would be to provide protection of waterways in terms of public health and safety,provide for the preservation of significant habitat areas,and to provide low intensity recreational uses on applicable waterway sites. The City Council Minutes Page 2 Monday,February 25, 1991 -7:00 p.m. ordinance would provide an automatic exemption for emergency projects and projects approved prior to ordinance adoption. There would be a 20 foot setback requirement for structures and paving, and provide standards which would limit alterations to the waterway corridor. Such standards would include requirements for protection and restoration of riparian corridors,establishment of trails along certain creeks/waterways, and grading and culverting guidelines for development in or adiacent to a waterway. Councilwoman RaRRa reminded Council how the City has evolved around the creek and hopes we look for appropriate uses along the creek,i.e.the downtown area,which provides appropriate public use of the creek as opposed to outlying areas. She felt she could support restoration projects such as Garden Creek and urged consistency in sensitive site designation and the creek ordinance. Councilwoman Pinard stressed the need for a cooperative effort with the County to provide similar protection for riparion environment. Councilwoman Rayne urged consistency between sensitive site designation and the proposed Creek and Waterway Ordinance. Mayor Dunin did not feel every drainage ditch can be considered a creek in the urban society. He expressed concern about the possible taking of the land,unless it was for the public use or safety. He felt explanation of any parcel encumberance would be required. He also felt it important that the ordinance be disseminated to owners of adjacent properties or publication made available in advance of any public hearings. Councilman Roalman felt the tributaries were an important part of the creek network and as such need protection as we continue to urbanize. Mayor Dunin asked for public comment. Ren Jones recognized the benefit of the setback for homes which back up to the creek, but expressed concern for his own property near Sacramento and Broad Streets which did not fall into this description. Of the 41/2 acres of commercial property he owned,the proposed ordinance would only allow him usage of approximately one acre. Bob Jones, representative of the Land Conservancy, stated their goal was to promote a healthy corridor of riparion habitat and supports the effort by the City. Councilwoman Raona stated she would like to see drafts from staff so that Council would be kept abreast of developments. Moved by Rauna/Reiss.the Community Development staff was directed to complete a waterway ordinance. 2. MID-YEAR BUDGET (File No.233) Council considered the City's 1990.91 mid-year budget review. Bill Stader. Finance Director, briefly reviewed the staff report with the recommendation that Council receive and file the Mid-Year Budget Review for Fiscal Year 1990-91. No appropriation changes are recommended from the current budget. Councilwoman Pinard urged that beside preparing the budget in a conservative and efficient manner,that staff be prepared to recommend significant reductions if a worst case scenario is required. City Council Minutes Page 3 Monday,February 25, 1991 -7:00 p.m. Councilwoman Ranpa encouraged Councilmembers to meet individually with Board of Supervisor members relative to implementation of SB 2557 and SB 169. The Board will be considering action relative to them on March S and 12, 1991. Moved by Rapp/Reiss (S-0) to receive and file the Mid-Year Budget Review for Fiscal Year 1990-91. 3. 1990-91 FINANCIAL,PLAN POLICIES (File No.233) Council considered approving the 1990-91 Financial Plan policy changes. Due to lack of a report, moved by Roalman/Reiss (S-0) that this item be continued without discussion as requested by stall Councilwoman Rani)requested that when stats brings revised fee schedules to the Council for adoption,that coordination is provided to bring them all back at the same time and that the Laguna Lake Management Plan be phased in as a capital improvement over ten years. There being no further business to come before the City Council,Mayor Dunin adjourned the meeting at 8:20 p.m.to Tuesday,March S,1991 at 7:00 p.m. APPROVED BY COUNCIU PV:®h Pam Voges,City Clerk c- l- /3