HomeMy WebLinkAbout10/05/1993, C-1 - MINUTES DR
AFT MEETING
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MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 31, 1993- 5:00 P.M.
CITY HALL- COUNCIL CHAMBERS - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
-5-93
Council Members
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; Jeff Jorgensen, City
Attorney; Kim Condon, Assistant City Clerk; Ken Hampian,
Assistant City Administrative Officer; Mike McCluskey, Public
Works Director; Arnold Jonas, Community Development
Director, Bob Neumann, Fire Chief; Ron Whisenand,
Development Review Manager
PUBLIC COMMENT PERIOD
There was no public comment.
PUBLIC HEARINGS
1. TENTATIVE MAP - 953 ORCUTT (ORCUTT 11) (File No. 463)
Council held a public hearing to consider a request (PD/TR 220-92)to create an office/industrial park
on an 11.75 acre parcel on property located on the south side of Orcutt Road, west of the S.P.R.R.
tracks (953 Orcutt Rd.) including: A) Planned Development Rezoning -to change the zoning from M
(Manufacturing) to M-PD (Manufacturing-Planned Development) including the extension of
Sacramento Drive to intersect with Orcutt Road; and B) Tract 2134 (City File No. TR 220-92) - A
Vesting Tentative Map creating seven lots from two lots; Parkside Research Center Association,
applicant (continued from 8/17/93).
Council Member Raoaa stated that she had listened to the tape of the August 17 discussion on this
item.
Moved by Raaaa/Romero to extend Sacramento Drive through the subject property; motion carried
(3-2, Mayor Pinard and Vice Mayor Roalman voting no).
Staff presented an alternative to minimize the environmental influence of the extended street
alignment.
Council discussed narrowing the bridge structure across the creek and the type of bridge that would
have the least impact on the creek habitat.
Moved by Romero that the alignment shown by staff tonight be the one followed. Motion died for lack
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Tuesday, August 31, 1993 - 5:00 p.m.
of a second.
Phil Ashley. 1586 La Cita Court, made suggestions regarding mitigating some of the environmental
concerns arising out of the extension of Sacramento Drive.
Moved by Settle/Roalman to amend Condition #10 to add conditions for bridge design to consist of
two 12 foot travel lanes, two five foot bike lanes and one eight foot right-of-way with a six foot
sidewalk. Motion carried; (5-0).
Council discussed whether the span of the creek would be a bridge, pipe arch or a culvert.
Moved by Romero for the pipe arch solution. Motion died for lack of a second.
Moved by Roalman for the freespan bridge concept. Motion died for lack of a second.
Moved by Settle/Romero to amend Condition 27 to prohibit culverting and that based on
recommendations by Fish and Game the options of a pipe arch or freespan would remain as
alternatives. Motion carried; (4-1, Vice Mayor Roalman voting no).
Council considered the applicant's request that fees be waived due to City actions delaying the
project.
Moved by Romero/Settle, that transportation impact fees would be paid at the time of issuance of
building permits for each phase of the project. Motion carried; (5-0).
Moved by Romero/Raoaa, Ordinance No. 1245 was introduced, as amended, approving the planned
development overlay zone and preliminary development plan with conditions. Motion carried; (5-0).
Moved by Romero/Raoua Resolution No. 8205 was adopted approving the vesting tentative map with
conditions as modified this evening. Motion carried; (5-0).
Mike McCluskey, Public Works Director, said that the developer had requested assessment districts
and requested clarification from Council on this issue.
John Dunn. City Administrative Officer, informed the Council that the issue of assessment districts
would be addressed by the Economic Strategy Task Force's recommendations to the City Council.
COMMUNICATIONS
COMM. 1 Mayor Pinard asked Council to consider an ordinance to address going out of business
sales in the downtown. Council concurred, with the exception of Vice Mayor Roalman, that sample
ordinances received from other cities be passed on to the Business Improvement Association and the
Chamber of Commerce for their comments.
COMM. 2 Mayor Pinard informed Council that the property owners in the Margarita Expansion Area
were still interested in moving forward with annexation of that area.
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
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Tuesday, August 31, 1993 - 5:00 p.m:
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 Council, Mayor Pinard adjourned
the meeting to 7:00 P.M. in the Council Chambers.
APPROVED BY COUNCIL
Kim L Condon, Assistant City Clerk
KLC
C�/-3
IP DRAFT
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 CALL:
Council Members
Present: Council Member Penny Rapp&,Dave Roalman,Allen K. Settle,
Vice-Mayor Bill Roalman, 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; 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 Wana 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).
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 Settle/Romero to waive oral reading and approve minutes; motion carried (5-0).
City Council Meeting Page 2
Tuesday, September 7, 1993 - 7:00 P.M.
C-2 JOHNSON PARK IRRIGATION SYSTEM (File No. 93-30)
Council considered plans and specifications for "Johnson Park Irrigation System Replacement",
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 Raooa/Romero to receive report and approve contract (A-64-93-CC); 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 1673, a
commercial condominium to be built on the southwest comer of South Higuera Street and Prado
Road, next to San Luis Creek; San Luis Creek Associates, subdivider/owner.
Moved by Settle/Romero to adopt Resolution No. 8207 granting a one-year time extension for Tract
1673; motion carried (5-0).
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 SettleiRomero 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".
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Tuesday, September 7, 1993-7:00 P.M.
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-Up-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 Raaaa/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 water reclamation, Naciemento, or Salinas construction were not included in the
assumptions.
Council discussed the Los Osos Valley Associates judgement and the auditors requirement that it be
allocated 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.
LaVeme 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.
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Tuesday, September 7, 1993 - 7:00 P.M.
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.
Bili Statler. Finance Director,stated that the Council discussed the issue two years ago and reaffirmed
that 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 Pretty, 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 Fish 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.
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Tuesday, September 7, 1993-7:00 P.M.
Dave Garth.2046 San Luis Drive,expressed concerns about increased trash,erosion,trespassing,and
loss of privacy for creekside areas.
Rob Strong, 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.
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 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.
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Tuesday, September 7, 1993 - 7:00 P.M.
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 Bass. 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 Yumo, 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/Rappa 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 west 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 Crotsnerarchitect 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.
Council thanked the applicant for the proposal stating it was consistent with their goals.
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
5. STATE REVENUE REDUCTIONS (File No. 1113)
Council considered the status of the City's financial condition after State revenue deductions.
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Tuesday, September 7, 1993- 7:00 P.M.
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 position and outlined 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 take-away, 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 Farmer's Market more effective.
Charlie Fruit, applauded the conservative fiscal approach.
Dick Cleeves. 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).
a. 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 DiCarfi.Executive Director of SLOCOG,clarified that he would recommend the
City be allowed to vote 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).
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 Nemo. 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.
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Tuesday, September 7, 1993 - 7:00 P.M.
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.
Jerry Quav, 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
use during the 1993 Morro Bay Harbor Festival.
Mike McCluskey, 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 Hampian. 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 Volley.
Moved by Romero/Rappa 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).
COMMUNICATIONS
COMM.1. Council Members Rappa 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:
Diane R. Gladwell, City Clerk
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