HomeMy WebLinkAbout10/22/1996, C-1 - MINUTES k"TI
ATE oG AGENDA� �
--. tTEM#U
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
FRIDAY, SEPTEMBER 27, 1996 -9:00 A.M.
LIBRARY CONFERENCE ROOM -995 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Bill Roalman, Dave Romero, and
Mayor Allen Settle
Absent: Vice Mayor Dodie Williams
City Staff
Present: Ken Hampian, Assistant City Administrative Officer; Bonnie Gawf,
City Clerk; Arnold Jonas, Community Development Director; Paul
LeSage, Parks and Recreation Director; Neil Havlik, Environmental
Resources Manager
PUBLIC COMMENT PERIOD
There were no public comments.
TOUR OF MAINO AND GUIDETTI PROPERTIES
The Council travelled from City Hall by bus to the Maino property, where Natural Resources
Manager Havlik led a brief tour, pointed out the boundaries of the property and talked about its
preservation as open space. Upon returning to the bus, Council Members Roalman and Smith
departed, and due to the lack of a quorum, the meeting was formally adjourned at 10:05 a.m. to
Tuesday, October 1, 1996, at 6:30 p.m: in the Library Conference Room, 995 Palm Street. Mavor
Settle and Council Member Romero continued on to the Guidetti Property with staff and members
of the public, where a brief informational tour was conducted.
APPROVED BY COUNCIL: 10/22196
Bonnie L. Gawf
BG:dr City Clerk
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 1, 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
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney;
Bonnie Gawf,City Clerk;Ken Hampian,Assistant City Administrative Officer;
Arnold Jonas, Community Development Director; Bill Statler, Finance
Director; Ann Slate, Director of Personnel; John Moss, Utilities Director,
Mike McCluskey; Public Works Director; Paul LeSage, Parks and Recreation
Director;Ron Whisenand, Development Review Manager, Neil Havlik,Natural
Resources Manager; Jeff Hook, Associate Planner, Wendy George,
Management Analyst; Jane McVey, Economic Development Manager.
Jeff Jorgensen. City Attorney, reported that tonight's closed session was cancelled.
PUBLIC COMMENT PERIOD
PCI. Dennis Schmidt, 396 Buckley Road, presented written materials to the Council and spoke
regarding the Avila Ranch and zoning issues associated with the property.
PC2. Roland Maddalena,1329 Broad Street,spoke regarding the industrial development potential
of the Avila Ranch, stating that the zoning should be changed to accommodate the
potential.
PC3. Ken Nelson spoke regarding the potential development of the Avila property, stating that
it would be a good location for his business.
PC4. Ida Gardner, 7144 Orcutt Road, an owner of the Avila property, stated that the Avila Ranch
land is no longer prime agricultural land, as it has changed over the years,and the zoning
should be changed to accommodate industrial uses.
Mayor Settle stated that Council should have a chance to read the material presented by
Mr. Schmidt and bring the matter back to oral communications on October 22, 1996.
PCS. Michael Seitz, 112 Cerro Romauldo, spoke of the critical need for more youth soccer fields
and asked the City to consider the Cal Poly sports field proposal.
PC6. Diane Hull voiced objection to a City brochure on Measure O which she said was not an
unbiased analysis of the issue.
CONSENT AGENDA
Mayor Settle noted that Council Members had requested that Item C6 be removed from the consent
agenda for a continuance. He also noted proposed amendments to the minutes, and Council
concurred with the changes.
City Council Meeting Page 2
Tuesday, October 1, 1996 -7:00 p.m.
Mayor Settle opened the floor for public comment on consent items.
C10. Gary Fowler. 777 Mill Street,asked Council to table Item C10 because he did not wish to see
$1 added to vehicle registration fees, and that the amount could be raised at a later date.
Captain Joe Phillips. 675 California Blvd.,California Highway Patrol,spoke in support of installing
call boxes and said that they enhance safety.
Pete Rogers. SLOCOG, spoke in favor of installing call boxes, and cited a survey indicating that
76% of residents are in favor and 18% opposed to the proposed program.
After discussion, Council Members concurred that call boxes were a worthwhile program and that
the cost is minimal.
Moved by Romero/Smith to approve the Consent Agenda, Item C1 as amended and excepting Item
C6, as recommended by the City Administrative Officer; motion carried (5-0).
Moved by RomeroWilliams to continue Item C6 to November 19th; motion carried (4-1, Roalman
opposed).
C1. COUNCIL MINUTES
Council considered the minutes of:
Thursday, September 12, 1996 at 11:30 A.M.;
Tuesday, September 17, 1996 at 6:30 P.M.; and
Tuesday, September 17, 1996 at 7:00 P.M.
Moved by Romero/Smith to waive oral reading and approve minutes as amended; motion carried
(5-0).
C2. ENHANCED PROMOTIONAL FUNDS (File No. 1041)
Council considered Promotional Coordinating Committee recommendations to spend $8,500 of
Enhanced Promotional Funds to purchase special parade route barricades, and $3,000 on a pilot
program to extend the Chamber of Commerce Visitor Center hours of operation on Thursday, Friday
and Saturday evenings during the months of April, May and June, 1997.
Moved by Romero/Smith to approve PCC recommendations and authorize the Mayor to execute an
amendment to the contract with the Chamber of Commerce to extend Visitor Center hours; motion
carried (5-0).
C3. LEAGUE CONFERENCE RESOLUTIONS (File No. 362)
Council considered the resolutions to be considered during the Annual Business Meeting at the
Annual League of California Cities Conference to be held October 13th through 15th in Anaheim.
Moved by Romero/Smith to authorize voting delegate to support the resolutions as submitted
unless Council provides alternate direction; motion carried (5-0).
C4. COUNCIL MEETING CANCELLATIONS (File No. )
Council considered directing staff to cancel the regular City Council meetings of October 15, 1996
and November 5, 1996 and scheduling meetings on October 22, 1996 and November 6, 1996.
Moved by Romero/Smith to direct staff to cancel and reschedule meetings; motion carried (5-0).
�a 3
City Council Meeting Page 3
Tuesday, October 1, 1996 -7:00 p.m.
C5. FEE WAIVER(File No. 109)
Council considered a request by Friends of the San Luis Obispo Adobes to waive application fee
for Administrative Use Permit application to allow use of the City-owned Simmler/Canet adobe by
the Friends for organization meeting purposes.
Moved by Romero/Smith to approve waiver of application fee; motion carried (5-0).
C6. ZONING TEXT AMENDMENT(File No. 463)
Council considered giving final passage to an ordinance amending various sections of the Zoning
Regulations in order to implement policies of the 1994 Land Use Element of the General Plan.
(Continued from 9/17/96.)
Moved by Romero/Williams to continue the item to November 19,1996 meeting; motion carried (4-1,
Roalman opposed).
C7. ZONING TEXT AMENDMENT- BED & BREAKFAST INNS (File No. 463)
Council considered giving final passage to an ordinance amending the Zoning Regulations relating
to Bed and Breakfast Inns that implement policies of the 1994 Land use Element of the General
Plan. (Continued from 9117196.)
Moved by Romero/Smith to give final passage to Ordinance No. 1311; motion carried (5-0).
CO. PLANNED DEVELOPMENT REZONING -355 PACIFIC STREET(File No. 463)
Council considered giving final passage to an ordinance amending the zoning map to allow large
offices in a proposed new building at 355 Pacific Street. (Continued from 9117196.)
Moved by Romero/Smith to give final passage to Ordinance No. 1312; motion carried (5-0).
C9. CREEK CLEAN-UP DAY(File No. 502)
Council considered supporting the City's co-sponsorship to the Creek Clean-Up Day event
sponsored by the Land Conservancy of San Luis Obispo County and the Central Coast Salmon
Enhancement, Inc.
Moved by Romero/Smith to adopt Resolution No. 8584 supporting Creek Clean-Up Day on October
12, 1996; motion carred (5-0).
C70. FREEWAY SERVICE AUTHORITY (File No. 1141)
Council considered the creation of a Service Authority for Freeway Emergencies (SAFE)to install
call boxes on State highways in San Luis Obispo County.
Moved by Romero/Smith to adopt Resolution No. 8585 supporting the creation of a SAFE in San
Luis Obispo County; motion carried (5-0).
C11. RFP FOR BIOSOLIDS MANAGEMENT(File No. 97-22)
Council considered a Request for Proposals (RFP) for Management and Disposal/Reclamation of
Biosolids in the amount of$105,000 annually.
Moved by Romero/Smith to approve and authorize the CAO to award a contract if selected proposal
is within the approved budget; motion carried (5-0).
c�-�f
City Council Meeting Page 4
Tuesday, October 1, 1996 -7:00 p.m.
C12. FINAL MAP APPROVAL TR 1885 (File No. 410)
Council considered giving Final Map approval for Tract 1885,an airspace condominium conversion
of 16 existing professional offices in one building located at 1411 Marsh Street.
Moved by Romero/Smith to adopt Resolution No. 8586 approving the Final Map for Tract 1885;
motion carried (5-0).
C13. STORM DRAIN IMPROVEMENT PROJECT(File No. 96-05E)
Council considered plans and specifications for"Storm Drain Improvement Project: EI Cerrito/Flora
Easement," Specification No. 96-05E.
Moved by Romero/Smith to approve plans and specifications, authorize staff to advertise for bids,
and authorize the CAO to award the contract if the lowest responsible bid is within the budget;
motion carried (5-0).
C14. LEGAL SERVICES AGREEMENT(File No. 301)
Council considered a legal services agreement with Donald H. Maynor for street light acquisition.
Moved by Romero/Smith to approve and authorize the CAO to execute the agreement estimated to
cost $18,000 without complications; motion carried (5-0).
C75. IMPACT FEE WAIVER- PRADO DAY CENTER(File No. 1046)
Council considered the intention to waive water and sewer impact fees for the Prado Day Center
(Homeless Services Center).
Moved by Romero/Smith to confirm intention to waive fees; motion carried (5-0).
COUNCIL LIAISON REPORTS
CLR1. Mayor Settle reported on a meeting of the Mayor's Youth Task Force, which focused on the
issue of prevention of the use of drugs and alcohol. He stated that the Task Force was
unanimous in a vote to recommend to Cal Poly University opposition to the issuance of a
liquor license to any business on campus. Mayor Settle said that he had reported this
stance to the SCLC.
PUBLIC HEARINGS
1. PERSONNEL RULES& REGULATIONS (File No. 623)
Council held a public hearing to consider an amendment to the Personnel Rules and Regulations
regarding disciplinary action for exempt employees that is compatible with maintaining their
exemption from overtime as provided for in the Fair Labor Standards Act(FSLA).
Ann Slate,Director of Human Resources, presented the staff report, explaining the primary purpose
of the proposed amendment is to conform the City's rules and regulations to FSLA requirements.
Mayor Settle opened the public hearing.
There were no speakers.
Mayor Settle closed the public hearing.
ev-s.
City Council Meeting Page 5
Tuesday, October 1, 1996 -7:00 p.m.
After discussion, moved by Romero/Smith to introduce Ordinance No. 1313 to print amending the
Personnel Rules and Regulations; motion carried (5-0).
2. MAINO/GUIDETTI OPEN SPACE PROPERTY ACQUISITION (File No. 168)
Council held a public hearing to consider the acquisition of real property interests in:(1)the Maino
Brothers' property at an agreed purchase price of$950,000,subject to the grant of a conservation
easement on the property to the Land Conservancy and other conditions, and (2) a conservation
easement on the Guidetti Ranch (west portion) at an agreed purchase price of$400,000, subject
to conditions.
Ken Hampian. Assistant CAO, presented the staff report, summarizing the policies and financial
plan goals set by City Council over the years. He referred to the City's Land Use Policy, and
"Saving Special Places" report, stating that the recommended action would support those policies
Ray Belknap. Land Conservancy, gave a slide presentation providing a pictorial representation of
the properties under consideration.
Neil HavGk,Natural Resources Manager, reviewed the basis for the recommendation and explained
the terms of the Maino property purchase and the conservation easement on the Guidetti property.
John Dunn. CAO, made closing statements and recommended the acquisitions.
Mayor Settle opened the public hearing.
Penny Rappa, 3993 Hollyhock Way, spoke in favor of both acquisitions.
Gary Felsman. 2234 Santa Ynez Ave., spoke in support of the acquisitions.
Diane Hull.4485 Southflower Way,spoke in opposition to the two transactions, stating that neither
property was identified as a high priority in the "Saving Special Places" Report
Michael Sullivan spoke in favor of the acquisitions.
Larry Pennington spoke in opposition to both transactions.
Lance Parker. 847 Columbine Court, stated that he is in favor of acquiring open space without
raising taxes and outlined concerns regarding the Maino and Guidetti acquisitions.
David Chipping, 999 Pismo Ave., Los Osos, spoke in favor of the acquisitions for preservation of
habitat
John Ewan spoke in favor of the Maino and Guidetti purchases.
Brad Schram.Arroyo Grande, spoke in support of the acquisitions and endorsed the staff report-
LaVerne Schneider. 1356 Marsh Street,spoke in opposition of the purchases, stating that she has
concerns regarding the cost of the properties, maintenance, removing them from City tax rolls.
Ray Belknap, Land Conservancy, clarified issues regarding Transfer Development Credits on the
Maino property, stating that the easement does not transfer the credits and they stay with the land
owner.
Marty Tangeman spoke in support of the acquisitions.
Lauren Brown. 7 Chipparosa, spoke in support of the transactions.
l�
City Council Meeting Page 6
Tuesday, October 1, 1996 -7:00 pm.
Mayor Settle closed the public hearing.
After considerable discussion, moved by Williams/Roalman to adopt Resolution No 8587
authorizing acquisition of the Maino property and authorizing the Mayor to execute an agreement,
subject to non-substantive changes approved by the City Attorney for property acquisition; motion
carred (4-1, Romero opposed)
Council discussion ensued regarding the purchase of an easement on the Guidetti property.
Moved by Roalman/Smith adopt Resolution No 8588 authorizing acquisition of an open space
easement on the Guidetti property and authorizing the Mayor to execute an agreement,subject to
non-substantive changes approved by the City Attorney for property acquisition; motion carried
(3-2, Romero, Williams opposed)
BUSINESS ITEMS
3. HISTORY PROPERTY TAX INCENTIVE PROGRAM (File No. 457)
Council Member Smith stepped down from the dias due to a potential conflict of interest.
Council considered a citizens'request to reconsider establishing an Historic Property Tax Incentive
Program.
Arnold Jonas. Community Development Director presented the staff report,giving a history of past
actions regarding the program.
Jeff Hook. Associate Planner, presented details of the program and explained the Mills Act.
Mayor Settle opened the meeting for public comment.
Dick Frank. County Assessor,spoke in opposition to the Mills Act proposal due to the costliness
of the program. He clarified items that would be affected if Council passes the resolution. He also
asked that if the program is adopted, that the Council charge a fee to cover the County's
The following individuals spoke in favor of the Historic Property Tax Incentive and urged Council
to support it:
Bob Schrage, historic property owner; Randy LeVack,670 Islay St. (Fitzpatrick House); Jay Elder,
463 Islay (Fumigalli House); Robert Vessels, member of the Chamber seismic task force; Steve
McMasters.750 Chorro#12,member of CHC;Al McVay,979 Osos (Andrews Building); Helen Elder,
463 Islay; Malcolm Carlaw,Islay;Andrew Merriam,former Planning Commissioner and owner of the
Renetski House on Broad Street; Astrid Gallagher, owner of three historic buildings on Santa
Barbara Street; Leo Pinard. 714 Buchon Street; Bill Walter, 1504 Broad Street; Dan Krieger. 662
Islay; Dan Smith, 1212 Garden Street.
Mayor Settle returned discussion to the Council.
After discussion, moved by Williams/Roalman adopt Resolution No. 8589 establishing a one-year
pilot program of the Historic Tax Incentive Program, limiting the maximum number of participants
to 15 property owners, and authorizing the Mayor to send a letter to the San Luis Obispo County
Assessor initiating the program, and directed staff to return to Council with language for the
monitoring program and for the agreements that will be presented to participants; motion carried
4-0-1, Smith abstaining).
COMMUNICATIONS
Comm 1. Council Member Romero asked Council if there was support for directing staff to report
the pros and cons on a curfew program. 7
City Council Meeting Page 7
Tuesday, October 1, 1996 -7:00 p.m.
Police Chief Gardiner stated that his staff reviews this issue on an ongoing basis, and stated that
their analysis indicates that at this point there is no need for a curfew. City Attorney Jorgensen
stated that a curfew requires a necessary balance between the need to curtail crime and people's
rights.
Council concurred that there is no immediate need to bring this issue before them, but that staff
should continue to monitor the situation and bring it forward if it becomes appropriate.
Comm 2. Council Member Roahnan stated that the County Planning Commission is doing a final
review of County Area Plan and asked if other Council Members would like to have the County
Planning staff bring the final draft before the Council on October 22nd or as soon as it is available
for a presentation. Council concurred that such a presentation would be beneficial.
Communications
There being no further business to come before the City Council, Mayor Settl adjourned the
meeting at 11:15 p.m. to Tuesday, October 22, 1996 at 7:00 p.m. in the Library Community Room,
995 Palm Street.
APPROVED BY COUNCIL: 10/22196
BG:dr Bonnie L. Gawf, City Clerk
��O