HomeMy WebLinkAbout07/02/1996, C-1 - MINUTES MINUTES ..IEETING AGENDA
ADJOURNED REGULAR MEETING OF THE CITY C#AfEIL 7;1-9A ITEM #
CITY OF SAN LUIS OBISPO
TUESDAY,JUNE 11, 1996 -7:00 P.M.
LIBRARY COMMUNITY ROOM -995 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice Mayor
Dodie Williams, and Mayor Allen Settle
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; Bill Statler,Finance Director; Paul LeSage, Recreation Director, Neil
Havlik, Natural Resources Manager
PRESENTATION
Vice Mayor Williams presented proclamations to the four third-grade classes at Los Ranchos
School in recognition of excellence in their civic studies.
PUBLIC COMMENT PERIOD
P.C.I. Christine Mulholland said the Performing Arts Center should be called the San Luis Obispo
Performing Arts Center, expressed continued concem over lack of policy for preliminary review of
development proposals outside the urban reserve line, and was distressed that an important issue
regarding a general plan amendment on the June 18 agenda was to be considered so late in the
meeting.
LIAISON REPORTS
L.R.I. Vice Mayor Williams reported that she had attended the BIA board meeting this morning.
PUBLIC HEARINGS
1. OPEN SPACE FINANCING TASK FORCE RECOMMENDATIONS (File No. 462)
Consideration of and action upon Open Space Financing Task Force report and recommendations.
• RECOMMENDATION: Direct staff to move forward with preparation of an advisory ballot
measure regarding support for a community-wide assessment district to fund up to $1.5 annually
for open space acquisition and park capital improvement projects as recommended by the Open
Space Financing Task Force.
John Dunn. City Administrative Officer, made opening statements and called on the Chair of the
Task Force, Penny Rappa.
Penny Raoaa.OSFTF Chair,introduced the members of the task force and summarized the OSFTF's
mission and the review process utilized in arriving at the findings and recommendations presented
in the final report.
Pat Veesart,OSFTF member,outlined the key assumptions and principles adopted by the task force
which formed the foundation for the specific recommendations set forth in the final report
City Council Meeting Page 2
Tuesday, June 11, 1996 -7:00 p.m.
Lauren Brown. OSFTF member,summarized the possible funding options considered by the task
Force and the impacts of those options.
Carol Florence. OSFTF member, reiterated the Task Force's recommendations and asked for the
City Council's support.
Mayor Settle opened the public hearing.
Andrew Merriam,Chair of the Chamber of Commerce's Land Use Task Force,said the Chamber task
force favored the recommendations of the OSFTF.
Geoffrey Land. Executive Director of ECOSLO,stressed the importance of retaining open space and
urged Council to adopt the OSITF's recommendations.
Diane Hull. City resident, was opposed to forming an assessment district to acquire open space.
Gary Fowler. Mill Street, did not support the city-wide assessment district or an increase in the
utility users tax.
Alana Reynolds, a San Luis Obispo property owner, expressed her opposition to the assessment
district.
Victor Barbosa. San Luis Obispo, said there are already too many"modest"taxes and opposed the
assessment district
Jeno Holland. City resident, urged Council to pass the advisory measure on a two-thirds vote.
Joe Cardoza. San Luis Obispo, opposed the assessment district
John Ewan. City resident, encouraged the Council to take this opportunity to acquire open space.
Vicki Janssen. San Luis Obispo, urged Council to consider the negative impacts on homeowners
if this assessment district is formed.
Marge Johnson. a 53-year resident of San Luis Obispo, encouraged the Council to place the
proposed measure on the November ballot.
Ray Belknap. Benton Way, said federal and state monies were drying up for these types of
purchases, adding that open space absorbs storm waters.
Phil Ashley. La Cita Court, supported this as an investment in a better environment for the future
not only for man, but wildlife species who have a home in open space.
Nancy Warner. Mitchell Drive, supported the Task Force's recommendation and said she would
gladly pay to preserve open space.
Dave Garth. Executive Director of the Chamber of Commerce, said the Chamber members
supported this action and that the assessment district is fair.
Christine Mulholland. San Luis Obispo, said that though she respected the task force's work, the
Council should move forward to establish the assessment district,only for open space acquisition
and not parkland development, without an advisory vote.
Marilyn Brittonspeaking on behalf of the Farm Bureau, expressed the concerns of the agricultural
community regarding this proposal.
John Ashbaugh. San Luis Obispo, supported the OSFTF recommendations.
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Tuesday, June 11, 1996 -7:00 p.m.
Maggie Cox,speaking on behalf of the Association of Manufacturers, supported placement of this
advisory measure on the November ballot.
Anna Barbosa. San Luis Obispo, was opposed to forming a city-wide assessment district.
Elinor Bonin. Del Mar Court, said she believed in protecting open space, but was opposed to any
spending on parkland acquisition or improvements.
Gregory Frank. San Luis Obispo, said open space acquisition would have long-term benefits and
supported the proposal.
Pat Demsev. La Entrada, said the costs of an assessment district would ultimately be passed on
to tenants.
Evelyn DelMartini. San Luis Obispo, asked Council to require two-thirds voter approval and
expressed concern about more taxes.
Mayor Settle closed the public hearing.
Penny Raooa. OSFTF Chair, clarified several key points of concern raised this evening.
After discussion, moved by Roalman/Romero to direct staff to move forward with preparation of
a ballot measure for a city-wide assessment district to raise up to $1 million annually for open
space acquisition and park capital improvement projects, as recommended by the Open Space
Financing Task Force, Council to review on an annual basis as part of the assessment district
process,with a comprehensive review every four years to determine if the,district should continue;
motion carried (4-1, Mayor Settle voting no).
COMMUNICATIONS
Comm. 1. Council Member Smith asked that an item be agendized to discuss professional
mediation of neighborhood issues related to traffic calming. Delegated to the City Administrative
Officer for further examination, including input from the Public Works Department regarding
possible solutions.
Comm. 2. Vice Mayor Williams said she had learned the status of several State Senate bills at a
meeting held by Senator O'Connell and his aides at the Board of Education offices.
Comm.3. Mayor Settle briefly updated Council on the status of the dialogue between the City and
Cal Poly concerning the naming of the Performing Arts Center. After discussion, Council
concurred that this issue should be placed on the June 18 or July 2 agenda.
Comm.4. Mayor Settle said the entire Council would be attending a meeting at the Cal Poly Alumni
House on June 20, 1996 at 7:00 p.m.,when university officials will meet with concerned neighbors
regarding the new Cal Poly parking structure.
10:35 p.m. There being no further business to come before the City Council, Mayor Settle
adjourned the meeting to Tuesday, June 18, 1996 at 6:30 p.m. in the Library Conference Room, 995
Palm Street.
APPROVED BY COUNCIL- 712/96
KC:bp Kim Condon, Assistant City Clerk
L'!3
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,JUNE 18, 1996 -6:30 P.M.
LIBRARY CONFERENCE ROOM -995 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice
Mayor Dodie Williams, and Mayor Allen Settle
Absent: None
City Staff
Present: Jeff Jorgensen, City Attorney;John Dunn,City Administrative Officer
City Council held a closed session to discuss the following issues:
A. CONFERENCE WITH PROPERTY NEGOTIATORS
Pursuant to Government Code § 54956.8
Property: 1011 Higuera Street
Negotiating Parties: City of San Luis Obispo, Mike McCluskey
Property Owner Representative, R.J. Gould
Negotiation: Whether to acquire.
B. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code § 54957.6
Agency Negotiator: Ken Hampian and Ann Slate
Employee Organization: San Luis Obispo Police Staff Officers' Association
7:00 P.M. Mayor Settle declared a recess to convene in open session in the Council Chamber,
where a public report of the action taken in closed session was to be given.
APPROVED BY COUNCIL: 712/96
Kim Condon, Assistant City Clerk
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,JUNE 18, 1996 -7:00 P.M.
LIBRARY COMMUNITY ROOM -995 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice Mayor
Dodie Williams, and Mayor Allen Settle
Absent: None
City Staff
Present: John Dunn, City Administrative Officer,Jeff Jorgensen, City Attorney;Cindy
Clemens, Assistant City Attorney; Kim Condon, Assistant City Clerk; Ken
Hampian,Assistant City Administrative Officer,Wendy George,Assistant to
the City Administrative Officer, Mike McCluskey, Public Works Director,
John Moss,Utilities Director,Gary Henderson,Water Division Manager, Bob
Neumann, Fire Chief, Bill Statier, Finance Director; Linda Asprion, Revenue
Manager, Carolyn Dominguez, Accounting Manager, Ann Slate, Personnel
Director; Jim Gardiner, Fire chief, Paul LeSage, Recreation Director, Kathy
Koop, Principal Recreation Supervisor; Arnold Jonas, Community
Development Director, John Mandeville, Long Range Planning Manager,
Glen Matteson; Associate Planner
PRESENTATION
Allen Cooper. President of the Obispo Beautiful Association, presented Obispo Beautiful Awards
to the City for "Remodel-Commercial Marsh Street Improvements," "Civic SLO Water Treatment
Plant," "Remodel-Civic SLO Water Treatment Plant," and "Remodel-Civic Parks; Throop, Anholm,
Santa Rosa, Meadow and Sinsheimer."
PUBLIC COMMENT PERIOD
P.C.I. Jeff Smith. General Manager of Sonic Cable, said that the cable company is currently
upgrading with fiber optic technology.
P.C.2. Hal Segal, an 18-year City resident, expressed objection to the "Chorro Street Obstacle
Course" and felt a dangerous precedent was being set by these drastic traffic calming devices.
P.C.3. Kurt Kupper presented Council with artifacts from the Mathews property.
P.C.4. Diane Glaser,242 Ferrini, presented Council with a petition signed by 300 people who object
to the planned expansion of Teach School.
P.C.S. Stephanie Vallerie, Ferrini Drive, also expressed concerned about the planned school
expansion.
CONSENT AGENDA
Moved by Smith/Romero to approve the Consent Agenda as recommended by the City
Administrative Officer, motion carried (5-0).
C1. COUNCIL MINUTES (CONDON)
City Council Meeting - Page 2
Tuesday, June 18, 1996 -7:00 p.m.
Consideration of the minutes of:
Tuesday, May 21, 1996 at 6:30 p.m.;
Tuesday, May 21, 1996 at 7:00 p.m.;
Tuesday, June 4, 1996 at 6:00 p.m.; and,
Tuesday, June 4, 1996 at 7:00 p.m.
Moved by Smith/Romero to waive oral reading and approve minutes as amended; motion carried
(5-0).
C2. NORTH COUNTY WATER TASK FORCE MISSION STATEMENT (File No. 512)
Council considered endorsing the Mission Statement developed by the North County Water Task
Force.
Moved by Smith/Romero to,endorse Mission Statement; motion carried (5-0).
C3. APPROPRIATION LIMIT FOR FISCAL YEAR 1996-97 (File No. 234)
Council considered establishing the Appropriation Limits for the 1996-97 Fiscal Year.
Moved by Smith/Romero to adopt Resolution No. 8544 establishing Appropriation Limits; motion
carried (5-0).
C4. NARCOTICS TASK FORCE AGREEMENT(File No. 735)
Council considered an Inter-Agency agreement for operation of the San Luis Obispo County
Narcotic Task Force from July 1, 1996 through June 30, 1999.
Moved by Smith/Romero to adopt Resolution No. 8545 approving agreement and authorizing the
Mayor to execute; motion carried (5-0).
C5. SINSHEIMER PARK MASTER PLAN (File No. 811)
Council considered approving the development of a Master Plan for the completion of Sinsheimer
Park.
Moved by Smith/Romero to approve development of a Master Plan; motion carried (5-0).
C6. CREEK WATERSHED ORTHOPHOTOGRAPHY AGREEMENT(File No. 591)
Council considered an agreement to provide digital orthophotography for the San Luis Obispo
Creek Watershed.
Moved by Smith/Romero to award the agreement to provide digital orthophotography in the amount
of $34,450 to Golden State Aerial Surveys and authorize the Mayor to execute the agreement;
motion carried (5-0).
C7. DISPOSITION OF PROPERTY(File No. 168)
Council considered declaring 972 Nipomo Street and 609 Palm Street to be surplus property and
directing staff to prepare a bid package and offer the property for sale.
Moved by Smith/Romero to declare property surplus, and direct staff to prepare a bid package and
offer the property for sale to highest bidder, motion carried (5-0).
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C8. LOCAL AGENCY/STATE MASTER AGREEMENT SUPPLEMENT(File No. 541)
Council considered a supplement to the Local Agency/State Master Agreement Federal Aid
Projects.
Moved by Smith/Romero to adopt Resolution No. 8546 approving program supplement No. 019 to
the Local Agency/State MasterAgreement for Federal Aid Projects No.05-5016 for emergency repair
and restoration; motion tamed (5-0).
C9. LEAVE OF ABSENCE-ARC (File No. 123)
Council considered approving a leave of absence for Architectural Review Commissioner Laura
Joines who will be unable to attend three consecutive meetings due to a teaching assignment in
Europe.
Moved by Smith/Romero to approve leave of absence; motion carried (5-0).
LIAISON REPORTS
L.R.I. Vice Mayor Williams said she had attended the June 12 meeting of the Promotional
Coordinating Commitee.
PUBLIC HEARINGS
1. HUMAN RELATIONS COMMISSION GRANTS-IN-AID (File No. 1045)
Council held a public hearing to consider approving the 1996-97 Human Relations Commission
Grants-In-Aid funding to 34 agencies in the total amount of$91,500.
Paul LeSaae, Recreation Director, Kathy Koop. Principal Recreation Supervisor and staff to the
HRC, and Trish Avery the Commission's chair, explained how the Human Relations Commission
had arrived at their recommendations.
Mayor Settle opened the public hearing.
No one spoke.
Mayor Settle closed the public hearing.
After discussion, moved by Williams/Romero to 1)approve recommendations; 2) authorize use of
$2,100 carryover funds from the 1995-96 Human Relations Commission Budget as detailed in the
staff report;and,3)adopt Resolution No.8547 authorizing staff to develop and execute agreements
with each Grants-ln-Aid recipient as outlined in Attachment 1 and inclusive of any modifications
made by Council; motion carried (5-0).
2. CREEK SETBACK ORDINANCE (File No. 596)
Council held a public hearing to consider a revised Creek Setback Ordinance.
Mayor Settle stepped down due to a conflict of interest,as did Jeff Jomensen. City Attomey. Cindy
Clemens. Assistant City Attomey, was present at the staff table.
Arnold Jonas, Community Development Director, briefly introduced the item.
Glen Matteson, Associate Planner, reviewed the revisions to the ordinance that had been made
since the Council's last consideration of this issue.
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Tuesday, June 18, 1996 -7:00 p.m.
Vice Mayor Williams opened the public hearing.
Bob Davis. owner of the Apple Farm, was troubled by the issue of riparian,vegetation, especially
concerning tree drip-line in relation to the tremendous overhangs of the sycamore trees on his
property. He urged Council not to take action this evening.
Rod Levin,owner of properties on Marsh,expressed concerns regarding measurement on setbacks
making it very difficult for some property owners to development and asked Council to study the
ordinance further before taking final action.
Jack McKeen.representing Mrs.Rose McKeen-Riley,the owner of properties at 1204 Iris Street and
1309 Richard Street,said he believed the 20-foot setback would make it impossible to develop the
Iris Street property and cautioned Council against taking of private property and depriving people
of their rights to develop their property.
Carl Markhart, representing the Elks Lodge, said the Elks were concerned about the responsibility
for the maintenance of the creek setback and maintaining the integrity of the landfill that the lodge
sits on.
Phil Ashley. La Cita Court, read a letter into the record, also distributed to Council, on problems
he perceived in the ordinance.
Bud Wamnler, Verde Drive, urged the Council to let these issues continue to be decided on an
administrative basis and also object to the determination of what was significant riparian
vegetation.
Vice Mayor Williams closed the public hearing.
After discussion, moved by RoalmanWilliams to continue this item to Tuesday, July 23, 1996 at
7:00 p.m.; motion carried (4-0-1; Mayor Settle not participating). Staff was directed to return with
updated creek map.
8:50 p.m. Mayor Settle, returning to the dais, called for a recess.
8:51 p.m. Mayor Settle reconvened the meeting; all Council Members present.
3. BUDGET FOR FISCAL YEAR 1996-97 (File No. 230)
(This item was the fifth public hearing held.)
Council held a public hearing to consider approving amendments to the 1996-97 Financial Plan and
appropriating funds for the 1996-97 Fiscal Year.
John Dunn. City Administrative Officer, gave an overview of the City's financial condition
Bill Statler, Finance Director, presented the 1996-97 budget, summarizing proposed expenditure
changes.
Mayor Settle opened the public hearing.
Steve Seacrest, Conejo Drive, thanked staff for suggesting interim measures to solve Conejo
flooding problems but said they are not sufficient
Walter Shroeder. 1722 Conejo, also expressed concern about uncontrolled water from the Andrews
drainage area.
David Beem. City resident, brought attention to the disrepair of the building on the Mathews
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Tuesday, June 18, 1996 -7:00 p.m.
Property
Ronnie Todd. Higuera Street,was also concerned about the conditions on the Mathews property.
Mark McCollough. President of the SLO Firefighters' Association, said the association supported
the staff recommendation to fund the fire overtime budget, but not the apprentice program
proposal.
Mayor Settle closed the public hearing.
After discussion, moved by Williams/Smith to adopt Resolution No. 8548 approving amendments
to the 1995-97 Financial Plan and appropriating funds for the fiscal year 1996-07 in the amount of
$49,274,800; motion carried (5-0).
4. APPEAL — INDOOR SHOOTING RANGE (File No. 407)
(This item was the third public hearing held.)
Council held a public hearing to consider an appeal of the Planning Commission's denial of a use
permit for an indoor shooting range at 161 High Street(A39-96); Robert Fisher, Appellant.
Arnold Jonas. Community Development Director, said the Planning Commission had denied that
use permit based on a finding of inconsistency with general plan policies related to neighborhood
conservation.
Mayor Settle opened the public hearing.
Robert Fisher, the applicant, said there was a need for this facility and outlined the activities that
would take place at the business.
Barbara Brunson. 174 High Street,spoke on behalf of several neighbors who were concerned about
lack of parking, increased traffic, hours of operation, and negative impacts on the neighborhood.
Vicki Bryan. 2044 Beebee Street,was also troubled about the lack of parking and increased traffic
in the neighborhood.
Beverly Barrios said the building is located directly behind her home and was concerned about the
safety of her grandchildren.
Tony Machado. 172 High Street, objected to the this type of business being located near a
residential neighborhood.
Mayor Settle closed the public hearing.
After discussion, moved by Williams/Smith to deny the appeal and uphold the Planning
Commission's action; motion carried (5-0).
S. GENERAL PLAN AMENDMENTIRECLASSIFICATION (File No. 463)
(This item was the fourth public hearing held.)
Council held a public hearing to consider General Plan and Zoning map and text amendments to
allow development of a 1.6-acre site on the westerly side of Calle Joaquin, south of Los Osos
Valley Road and immediately south of Motel 6 (GP/R 7-96); John Franks, applicant. The CAO
recommendation was to: 1) approve in concept the following amendments: A) the General Plan
Land Use Element map from Open Space to Tourist; B) the General Plan Open Space Element
Greenbelt map, to eliminate the site from the "greenbelt;" C) General Plan text to allow
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Tuesday, June 18, 1996 -7:00 p.m.
development of the site; and D) Zoning map from Conservation/Open Space, minimum 10-acre
home site(COS-10)to Tourist Commercial(C-T). 2)Approve in concept the addition of the"Special
Considerations" overlay zone to the site, specifying several "special considerations," as
recommended by the Planning Commission; 3)advise the applicant that any further development
or annexation of the property may be subject to additional open space dedication; 4) deny the
applicant's request for a fee waiver, and, 5)direct staff to return to the Council on July 2, 1996 for
possible formal adoption.
Arnold Jonas. Community Development Director,said the applicant was requesting an amendment
to the LUE, Zoning, and Greenbelt maps, and an amendment to the LUE text, and explained that
the project itself was intended to be in the City and in the County. He also indicated that some
difficulties had arisen in that the applicant's initial proposed had not accurately portrayed the
property that was in the City as opposed to in the County.
Mayor Settle opened the public hearing.
Bob Elster, representing John Franks, said that his client concurred with the Planning
Commission's recommendation and that the County has indicated a willingness to have this
application go ahead.
Melvin Caldwell,staff coordinator for the District 50 Little League, spoke in support of this facility.
Phil Ashley. San Luis Obispo, objected to the loss of habitat and impact of this project on the
ecosystem.
Mayor Settle closed the public hearing.
After discussion, moved by Roalman/Smith to 1) not to support the project in concept; motion
carried (3-2; Council Members Williams and Romero voting no).
COMMUNICATIONS
Comm. 1. Mayor Settle said that the Council would be attending a meeting on Thursday, June 20,
1996, beginning at 7:00 p.m. at the Alumni House, held by Cal Poly officials to address
neighborhood concerns about the new university parking structure associated with the Performing
Arts Center.
Comm.2. Vice Mayor Williams said that she had received a letter from Board of Supervisors Chair
Bud Laurent about the resolution agreeing to become a transportation partner with the Local
Government Commission's Center for Livable Communities,asking if the City would adopt a similar
resolution. Staff commented that the item had been referred to the Public Works Director and
would be coming back to Council shortly.
BUSINESS ITEMS
S. BUSINESS TAX VERIFICATION PROGRAM (File No. 297)
Council considered the Business Tax Verification Program.
Bill Statler, Finance Director, reviewed the agenda report.
Mayor Settle asked for public comment; no one came forward to address the Council.
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Tuesday, June 18, 1996 -7:00 p.m.
Moved by Roalmanfwlliams to approve implementation of an ongoing business tax verification
program effective with the 1996-97 renewal process (July 1, 1996); motion carried (5-0).
11:40 p.m. There being no further business to come before the City Council, Mayor Settle
adjourned the meeting to Tuesday, July 2, 1996 at 7:00 pin. in the Library Community Room, 995
Palm Street.
APPROVED BY COUNCIL: 712/96
DR:bv Kim Condon, Assistant City Clerk