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Home My WebLink About07/27/1994, Agenda II �IIII Us c o san og�s o ADJOURNED MEETING COUNCIL AGENDA Wednesday, July 27, 1994 - 7:00 PM Council Chamber, City Hall 990 Palm Street, San Luis Obispo CALL TO ORDER: Mayor Peg Pinard **Lead Person - Item to come back to Council * Denotes action by Lead Person PLEDGE OF ALLEGIANCE No Asterisk- Information Only ROLL CALL: Council Members Dave Romero, Bill Roalman, Vice Mayor Allen K. Settle and Mayor Peg Pinard Absent. Council Member Penny Rappa PUBLIC COMMENT PERIOD (Not to exceed 15 minutes total) The Coundl'welcomes,your input': ouMay address the Council 'by completing a speakers lip antl giving rt to the City Clerk pnorto the meeting At thistime, you may'add. the Council on items that are not on the agenda oritems on he Consent;Agenda Tme'hmd is three minutes State law`does not allowCouncil to discuss or take action on issues not on the agenda, except that members of the Council:or staff may' b i fl respond to statements made orquestions poses. d by persons exercising their pulp testimony rightsX. (Gov "Code §54954 2) Staff may:'be asked to follow up on such items: Staff reports antl :other wrmen documentation`:relating to each item referred to on this agenda are on"file m ahe City Clerk's Office iri.Room #1:of:City'Hall None BUSINESS'ITEM ► 1. PROPERTY ACQUISITION (McCLUSKEY/165 - 5 min.) Consideration of the purchase of two tax-defaulted properties located on Calle Joaquin adjacent to open space at a cost of $150.00 each plus publication costs. 1 Council Agenda Tuesday, July 27, 1994 ♦ RECOMMENDATION: Adopt resolution agreeing to the purchase of the properties and authorize the Mayor to sign the purchase agreement. *McCLUSKEY RNAL ACTION. Adopted Resolution No. 83320 to purchase the properties and authorize Mayor to sign Agreement No. A-11-94-CC between the County and City of San Luis Obispo for the purchase of tax defaulted land (4-0-1, PR-absent). PUBLIC HEARINGS: if you have filled out'a Spe:51aker Shp, the'Mayor will call you to the podium Please speak into the microphone and give your name and city;of residence for the record.'`Please'limit your comments to 3`minutes, consultant and project presentations limited to<10 minutes ff you challenge the ssue an:court,:.you may be hinited to'raising only those issues!you or someone else raised at ;rthis 'public hearing; as described below, 'or` in written correspondence delivered to the City before or during the public hearing %► 2. LAND USE ELEMENT REVISIONS (JONAS/462 - 3 hrs.) Continued public hearing to consider revisions to the Land Use Element of the General Plan. (Continued from 3/28/94, 4/5/94, 5/3/94, 5/10/94, 5/17/94, 6/6/94, 6/14/94, 6/28/94, 7/12/94 and 7/26/94.) ♦ RECOMMENDATION: By motion, direct staff to make appropriate changes to the February 1994 Draft General Plan Land Use Map. **JONAS FINAL ACTION: Staff directed to modify amended LUE and directed staff to return to Council (4-0-1, PR-absent). COMMUNICATIONS (not t exceed 15 minutes):; At this time, any Council Member or the City Administrative Officer may'ask a question for `clarification, make an'announcement, or report briefly on his or.her activities .an:addition:.:::::: ; . subject to Council Pohcies"and Procedures, they may provide a reference to staff or other resources for' factual information;"request staff: to report back to. q Council ata subsequent'meeting"concerning any matter, or take action to direct staff to place a matter of business on a future agenda (Gov Code §54954 2) COMM.1. Mayor Pinard thanked Alex Madonna for his contributions to community education. 10:05 PM ADJOURNED TO TUESDAY, AUGUST 16, 1994 AT 7:00 P.M. PLEASE NOTE: The City Council will not hold a Regular Meeting on Tuesday, August 2, 1994. 2 J City Council Meeting i ! Tuesday, July 26, 1994-7:00 PM Page 3 C-4 UNREINFORCED MASONRY LOAN PROGRAM (File No. 707) Council considered authorizing the City Administrative Officer to administer an interest-free loan program for the strengthening of unreinforced masonry (URM) buildings. Moved by Settle/Romero to authorize the City Administrative Officer to administer program; motion carried (5-0). APPOINTMENTS A-1 BIA BOARD OF DIRECTORS (File No. 123) Council considered two appointments to the Business Improvement Association Board. Moved by Rapp/Settle to appoint Peter Terhune and Correne Cotta to fill unexpired terms ending on March 20, 1995; motion carried (5-0). PUBLIC HEARINGS 1. LAND USE ELEMENT REVISIONS (File No. 462) Council held a public hearing to consider revisions to the Land Use Element of the General Plan (continued from 3/28/94,4/5/94, 5/3/94,5/10/94,5/17/94, 6/6/94,6/14/84, 6/28/94,and 7/12/94. Arnold Jonas.Community Development Director,reviewed progress on the Land Use Element(LUE). Mayor Pinard declared the public hearing open. Ken Haggard. representing Phil Ashley,suggested changes relating to open space and undeveloped prime agricultural lands. Susan Haserot. San Luis Obispo, expressed concern about grading on Islay Hill and creek damage. Miauel Denoso. Los Osos,speaking for the California Legal Rural Foundation,supported annexation to provide affordable housing. Erik Justesen.3026 S.Higuere,representing the Margarita Area Property Owners,suggested substitute wording for s1.13.3 to facilitate financing of the project. Ellen Weinstein. San Luis Obispo, stated she was satisfied with the TK Annexation proposal. Sheree Davis,representing the Chamber of Commerce,asked council to provide flexibility in 81.13.3, required plans for annexations. Vic Montgomery,3026S.Higuera,representing the TK Annexation,requested policies that would allow the annexation to proceed. Pete Evans, 2040 Rachel Street, presented petitions from the Terrace Hill neighborhood requesting I' a zoning change. i City Council Meeting Tuesday, July 26, 1994-7:00 PM Page 4 Andrew Merriam, representing the Dalidio family, requested the map be revised to reflect their proposal. John Evans. 1136 George St., stated the change in zoning on his subdivided property had fallen through the cracks due to staff cutbacks. Pat Wasart. San Luis Obispo, urged Council to retain 51.13.3 to require specific plans prior to annexation. Mayor Pinard declared the public hearing closed. Moved by Roalman/Pinard to reaffirm the Council's previous policy for 51.13.3; motion was lost (2-3, Council Members Rappa and Romero and Vice Mayor Settle voting no). Moved by Settle/Romero that the revised wording on the screen (from the overhead projector..°51.13.3 Required Plans. Land in an annexed area may be developed only after the City has adopted a plan for land uses, roads, utilities, the overall pattern of subdivision, and financing of public facilities for the area. For the Airport, Margarita, and Orcutt expansion areas, a specific plan shall be adopted for the whole of each area before any part of it is annexed. For any other annexations, the plan may be a specific plan, development plan and °PD° zoning, or similar development plan covering the entire area. The plan shall provide for open space protection consistent with policy 1.13.5.0) be adopted; motion carried (3-2, Council Member Roalman and Mayor Pinard voting no). 6:45 PM Mayor Pinard declared a recess. 9:15 PM Council reconvened, all Council Members present. Moved by Rappa/Romero that Council agrees to the re-application of TK Annexation project and to waive fees for application; motion carried (5-0). By consensus,Council directed staff to return with an analysis of the Islay Hill area compliance,and to return to Council if needed. Council discussed the Dalidio property and Froom Ranch. Moved by Settle/Raoua that the Froom Ranch be zoned Conservation Open Space upon annexation, and shall be zoned for appropriate urban districts upon approval of development plans;motion carried (5-0)• Council discussed Optional Use areas. Moved by Settle/Roalman that we proceed with the Optional Use and Special Design section as presented by staff; motion carried (3-2, Council Members Rappa and Romero voting no). Moved by Settle/Roalman to adopt 56.0 as recommended by the EQTF; motion carried (3-2, Council Members Rappa and Romero voting no). Moved by Settle_/Roalman to adopt 56.0.3, through 56.0.6 as recommended by the EQTF; motion - carried (4-1, Council Member Rappe voting no). F. r City Council Meeting ' Tuesday, July 26, 1994- 7:00 PM Page 5 I Moved by Settle/Pinard to adopt 56.1.1 as recommended by the EQTF amended to add, "sensltive habitats or unique resources°as proposed by staff;motion carried (3-2,Council Members Rappa and Romero voting no). Moved by Settle/Roalman to adopt 56.1.2 through 56.1.5 as recommended by the EQTF; motion carried (4-1, Council Member Rappa voting no). Moved by Settle/Roalman to adopt 56.1.6 as recommended by the Planning Commission; motion carried (3-2, Council Members Rappa and Romero voting no). Moved by Settle/Roalman to adopt 56.2,56.2.1 through 56.2.6 as recommended by the EQTF;motion carried (4-1, Council Member Rappa voting no). Moved by Settle/Roalman to adopt 56.3; motion carried (5-0). Moved by Settle/Roalman to adopt 56.4, 66.4.1 through 56.4.4 as recommended by the EQTF except 56.4.3(D1) and 56.4.3(G); motion carried (3-2, Council Members Rappa and Romero voting no). Moved by Pinard/Settle to adopt 56.4.3(Di) to read, "New infill buildings may be required to have greater setback than their older neighbors"; motion carried (4-1, Council Member Rappa voting no). Moved by Settle/Roalman to adopt 56.4.3(G) as recommended by the EQTF to reference the Open Space Policy and replace °shall" with "should"; motion carried (5-0). Council directed staff to replace°widening" with "alternatives" in s6.4.3(F); (general consent). Moved by Settle/Roalman to adopt 56.4.5 through 56.5.10 as recommended by the EQTF, deleting 56.5.1(A4) and to use the same language as was used in s6.4.3.(131); motion carried (3-2, Council Members Rappe and Romero voting no). Moved by Settle/Roalman to adopt §6.7 through 56.8.6 as recommended by the Planning Commission; motion carried (5-0). Moved by Pinard/Settle to continue this item to July 27, 1994 at 7:00 PM; motion carried (5-0). COMMUNICATIONS COMMA. John Dunn, City Administrative Officer, requested agendizing property acquisition which came to the attention of the City after the posting of tonight's agenda. Moved by Settle/Romero to add the property acquisition item to the July 27th agenda, which came to the attention of the City after the posting of the agenda; motion carried (5-0). 11:05 PM there being no further business to come before the City Council, Mayor Pinard adjourned the meeting to Wednesday, July 27, 1994 at 7:00 PM. ! APPROVED BY COUNCIL 9/20/94 DRG:cm R. Gladwell, ity Clerk Cl O Shc1WIS OBIS 0 � o, COUNCIL AGENDA " Wednesday, July 27, 1994 PM 7:00 Council Chamber, City Hall 990 Palm Street, San Luis Obispo ADJOURNED REGULAR MEETING CALL TO ORDER: Mayor Peg Pinard PLEDGE OF ALLEGIANCE ROLL CALL: Council Members Penny Rappa, Dave Romero, Bill Roalman, Vice Mayor Allen K. Settle and Mayor Peg Pinard PUBLIC COMMENT PERIOD (Not to exceed 15 minutes totaq The:Council welcomes your input: You may address the Council by completing a speakers: sh . `and giving it to the City Clerk'prior to the meeting At this time, you may address the: Council on iterns that are not on the agenda.or:items on the..Consent Agenda Tme limit';. is three minutes. State law does not allow Council to'discuss or take action on issues not on the agenda, except that members of the Council or staff may briefly respond to statements made;or .questions posed by persons exercisingaheir public testimony nghts (Gov: Code'§54954 2) Sf..ff may be asked to follow'up on such nems Staff reports and'< other written documentation relating to each item referred to'on this agenda are. on He in. the`City Clerks Office in Room #1 of City Halt BUSINESS ITEM ► 1. PROPERTY ACQUISITION (McCLUSKEY/165 - 5 min.) Consideration of the purchase of two tax-defaulted properties located on Calle Joaquin adjacent to open space at a cost of $150.00 each plus publication costs. (The City Council voted 5-0 at their meeting of Tuesday, July 26, 1994 to add this as an urgency item and it was subsequently continued to July 27, 1994. The need to take action came to the City's attention after the completion of the agenda and requires Council action before August 8, 1994.) FGqCouncil meetings are broadcast on KCPR,913 FM. The City of San Luis Obispo is committed to include the disabled in an of its services,programs and activities. Telecommunications Device for the Deaf(805)781-7410. Please speak to the City Clerk prior to the meeting if you requite a hearing amplification device.For more agenda information,call 781-7103. 1 Council Agenda Tuesday, July 27, 1994 * RECOMMENDATION: Adopt resolution agreeing to the purchase of the properties and authorize the Mayor to sign the purchase agreement. . ...... .. ......... .. .................. .. ........... .. .. ......... ............. . ............ . .............. ............... ............... ....................................... ........... .... ............ .. .. ................. ... .......... ................. . . . . ..................... .................... . . ..:..............::;....:..:...;.P.........U.......B...L..I...0...........................i........:.. Ifyou:bavp..f...i.11..e.....d...............A...j.......q.......... ......S.. 6. ke.r 8.1IA. ..:t.h:.:....e `Mayor'wdl .calf aI :you o..u......t..... :.t...h.....e.............p........ d...'.i..u........... m........... .... .....P ....I .e....a....s.. e speak....'.................. ............ .............. .............. ... . into themicrophon6 an:d your name'and city residence for the record yourcomments 10 3 minutes; consultantand protect presentations:limitbd to10:m1nutes Iyou:ch 11engethe issue incourt you may II itea.AplalIng only thoselssues someone else raised this . bearing as.;'described, b Iow or Wrten corresoon ence. veredto . the b' efore or curing:the:public h ... pu .id earing,.:.. ..................... .............................. .......... . ..... .......... ...... ► 2. LAND USE ELEMENT REVISIONS (JONAS/462 - 3 hrs.) Continued public hearing to consider revisions to the Land Use Element of the General Plan. (Continued from 3/28/94, 4/5/94, 5/3/94, 5/10/94, 5/17/94, 6/6/94, 6/14/94, 6/28/94, 7/12/94 and 7/26/94.) ♦ RECOMMENDATION: By motion, direct staff to make appropriate changes to the February 1994 Draft General Plan Land Use Map. Please bring agenda reports and related material from previous meetings. . ... ................... . ....... ...... .. . . .......... .. . .......... .... ...... . .�COMMUNICATIONS no o exceed:15"minutes) . ........ ........ . .. . .. ........................ ::a qu : ti n f ....At. it time. C 11.Membbr h ... or t 0 City Admihittr6tive.Officer may ask. question mr. .... . ...... ..... ........ ...... . . ............. ..... q an ica ion ma e an announcement, or. I t k 0 report briefly:bn his or heradtivities In addition ..................... roce uresil they id ref staff h subject.to dou.n.01 Policies and .13 h may provi e a erence to sta orot or ...... . u..af.....information, ..reques ou n.cil.::::a.t .a resources for factt staff to `report"back k: to..the.:: C ........ ac. . matter, .... . ... ....... b t t concerning any matter or take adfion:t6direct:staff t place a:miffii su sequen mee Ing concE Q . ...... .................. . ..... ......................... .. .......... ... ....... ..... .. . ............... . .............. ..:::of business:on. ..a....f..U. tu"re agenda GovCode §54954 ............... ............... .......... ... . . .. ........ .. ....:... : : . ... .. ........... .... ....... . . ...... . ......... . .... .. .................. ... . A. ADJOURN TO TUESDAY, AUGUST 16, 1994 AT 7:00 P.M. PLEASE NOTE: The City Council will not hold a Regular Meeting on Tuesday, Augu.%. 2, 1994. 2 Idl��►►�lulllll��l Oul�l � f MJulIy�27. 1994E. Ipi cio san �ais os�spo COUNCIL AGENDA REPORT ITEM NUMBER:/ FROM: Michael D. McCluskey, Director of Public worksy� SUBJECT: Purchase of Tax Defaulted Property CAO RECOMMENDATION: By resolution, authorize purchase of property and authorize the Mayor to sign the purchase agreement DISCUSSION: Each year the County Tax Collector reviews all properties in the county that are delinquent in payment of taxes. A listing of all tax defaulted properties is prepared by the Tax Collector and forwarded to various governmental agencies for their review, should they decide to purchase those properties. Such a list was prepared and sent to the City of San Luis Obispo for its review. From that list, two properties emerged that are adjacent to designated open space and have partial planning of open space. The two properties are assessor's parcels 053-170-026 and 053-170-027, located off of Calle Joaquin Road (see Attachment 1) . The established process by the County of removing tax defaulted properties from the tax rolls is to first offer the properties to governmental agencies and then to offer the properties to public auction. Governmental agencies are allowed to purchase the properties for the cost of processing, currently a $150 fee plus publication cost. The County Board of Supervisors makes a decision as to the value of the properties and whether or not the governmental agencies may be allowed to purchase the properties for the above stated amount, or whether the properties should be sold at public auction. Prior to this decision by the Board of Supervisors, the governmental agencies are required to formally declare their interest in the property. This agenda item specifically declares the City's interest in pursuing these two properties. The two properties are adjacent to each other and total 5.6 acres. The property has frontage on Calle Joaquin and is adjacent to the Irish Hills open space areas. The combined total assessed valuation of the property is currently $239,800. Both properties are undeveloped, and a research of the uses of the property reveals that the property has basically never been developed and essentially an open space use for its entire life. FISCAL IMPACT: The necessary $300 expenditure plus publication costs would be provided from the CAO's ventures and contingencies account. CONCURRENCES: The Director of Parks and Recreation (open space coordinator) concurs that the property would be advantageous for open space acquisition. RECEIVED Attachment CCleutgnop/mm3 JUL Z7 IVV4 LUIS OBISpOs SrA