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HomeMy WebLinkAbout06/16/1992, C-1 - MINUTES MEETING Auth A DRAFT •TES- z �o��-�. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 21, 1992 -7:00 P.M. I.O.O.F. HALL- 520 DANA STREET SAN LUIS OBISPO, CALIFORNIA _; 7:7oved ROLL CALL �car.ci� Meeting Counciimembers oil (01(0-1`742 Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman and Mayor Dunin Absent: None City Staff Present: John Dunn,City Administrative Officer,Ken Hampian,Assistant City Administrative Officer,Jeff Jorgensen,City Attorney;Pam Voges,City Cleric;Wayne Peterson,Acting Public Works Director,Arnold Jonas,Community Development Director,Bill Statler, Finance Director, Bob Neumann, Fire Chief, Jim Gardiner, Police Chief; Gary Henderson,Water Division Manager,Bill Hedand,Utilities Director,Glenn Matteson, Senior Planner County Staff Present: Clint Milne,County Engineer,Melissa Mooney,Environmental Specialist;Lisa Bums, Ogden Environmental; Central Coast Water Authority -Steve Amerikaner of Hatch and Parent General Council, Doug Brown of Brown and Wood (the bond Council), and David Houston of Smith Barney (the bond underwriter) PUBLIC COMMENT PERIOD There was no public comment. _..__._ ....BUSINESS ITEM 1. STATE WATER PROJECT (File No. 1124) Council considered A) further participation in the State Water Project; B) environmental determinations for City participation in the State Water Project; and, C) approval of agreements for the State Water Project. Bill Hetland.Utilities Director,gave a lengthy presentation (see also file no.1124 for additional materials and backup information for this issue) and stated that the City of San Luis Obispo has identified a need for 6,065 acre feet of additional water in order to meet water supply requirements under the City's current General Plan. A number of proposed projects have been identified that will contribute to this needed supply. Those projects include Salinas Reservoir Expansion Project, Nacimiento Reservoir, and the State Water Project. The staff report identifies a number of issues associated with the State Water Project emphasizing reliability, water quality,growth inducement,costs,and environmental impacts. The City held an advisory election in April 1991 which had 53%against the SWP and 47%for the SWP. After analyzing the advantages and disadvantages of the SWP,and the possibilities and unknowns about other potential water supply options, staff recommends that the Council authorize further consideration to participate in the SWP. City Council Meeting Page 2 Tuesday, April 21, 1992 - 7:00 P.M. He explained that City approval of the project is a three-step process. The first step is to authorize the City's further participation in the state water project. if the Council decided to consider the SWP, then it would necessary to go to a second step in the process involving making certain environmental determinations with City participation. This step is necessary prior to any formal approval on the SWP. The third step is to authorize execution of two agreements with the San Luis Obispo Flood Control and Water Conservation District The two agreements are the proposed water supply agreements for state water and a water treatment and local facilities agreement If the City decides not to further participation in the SWP,then no additional action is required. The City must make a decision on the SWP and notify the County by May 15, 1992. Gary Henderson, State Water Manager, reviewed current water sources and projects. Melissa Mooney,Environmental Specialist,and Lisa Burns,Ogden Environmental,reviewed a tiered approach to the environmental impact reports. Glen Matteson. Senior Planner, explained the two EIRs written for the State Water Project; one is the State Water Project Coastal Branch Phase II and Mission Hills Extension,and the second is the State Water Project Coast Branch Local Distribution Lines and Facilities. In summary, he stated that the five key Issues most often discussed were reliability,water quality, environmental concerns, growth inducement and cost (see the staff report File No. 1124 for additional discussion on each). Steve Amerikaner, Hatch and Parent and the General Council for the Central Coast Water Authority and an attorney, made brief comments. Clint Milne, County Engineer,reviewed the agreements. He explained that two of the agencies have included a "opt-out" clause in their agreements. He explained section 6B provision that the City would use that water first to make up the deficit and explained that it did not matter whether or not the City took delivery of water, they would still have to pay their agreed upon share. Doug Brown.Brown and Wood (engaged by the Santa Barbara County),explained the public agency financing and water treatment financing. Mayor Dunin asked for Council questions. Councilwoman Pinard gave a lengthy presentation and posed several questions regarding the reliabifity of state water. Her conclusions were different than that provided by staff. The City's response was that state water has contracts to deliver 42 million acre feet per year and according to her figures,they could only deliver 2.4 million acre feet per year.She stated that the City only identified a need for 6,665 acre feet from new sources but she believed it was pursuing a total of 7,240 acre feet The City's real need for General Plan provides a build-out of 53,000 people and believed Lake Nacimiento alone can provide what the City's real need is. She also expressed concern about the cost and felt that they were not realistic either. After response by staff, Mayor Dunin called a recess at 9:00 P.M. 9:15 P.M. City Council reconvened; all Councilmembers present Mayor Dunin asked for public comment Gerard Parsons,848 Venable St., spoke in support of state water. Kurt Kuoner. 967 Osos, submitted several documents for the record including the EIRs and County letters. He was opposed to state water. Jeff Wagner,216 Chorro, spoke in support. City Council Meeting Page 3 Tuesday, April 21, 1992 -7:00 P.M. Richie Ray Walker,28 La Entrada,spoke in opposition. Bill Thoma.3562 Empleo "C", spoke in support. Ray Ball.770 Palm St., spoke in support Charlie Palmer.485 Estero,Morro Bay,spoke in support. Charlie Allen,3730 Hignera #3, spoke in opposition. George Protoo s, retired County Engineer, spoke in support Roy Han fi:569 Lawrence Dr.,spoke in opposition. Pierre Rademaker. President of the Chamber of Commerce,spoke in support Jack Robasciotti,281 N. Broad, spoke in support Jesse Norris.2047 Wilding Lane, spoke in support. Charlie Fruit 545 Higuera,spoke in support Don Smith 1111 Vista del Lago, read a letter into the record representing PIAC and spoke in opposition. Christine Peralta, 1334 Diable Dr., spoke in opposition. Tom Coull,560 Oakridge, spoke in support Dan Watson. Los Osos, spoke in support Steven Schumann, 1531 Santa Rosa, spoke in opposition. Anne Phillips, 1309 Vega Way, spoke in opposition. Dan Hubbard 153 N. Broad, spoke in support Catherine Anderson. 1779 Tanglewood Dr., spoke in opposition. Paul Allen, 191 Luneta Drive, spoke in opposition. Ren Schwartz.201 Buena Vista, spoke in support Pat Veesart, 1570 Hansen,spoke in opposition. Claire Heinrifz. 1488 6th, Los Osos, spoke in opposition. David Garth.2046 San Luis Dr., spoke in support Jim Merkel.392 Pismo St., representing the Sierra Club,spoke in opposition. Robert Griffin.1436 Johnson,spoke in opposition and challenged several sections in the environmental reports. Mike Multari.83 La Entrada,spoke in support G'-i-3 City Council Meeting Page 4 Tuesday, April 21, 1992 - 7:00 P.M. Dave Morrow. 1721 Santa Rosa, spoke in opposition. Van Lauren,400 Indian Knox,spoke in opposition and also claimed that Vice-Mayor Rappa conflict of interest because of how it would effect her financial interests owning property at Lake Nacimiento. Steve Boyer.67 Chorro St., spoke in support Richard KranzdorL 160 Graves,spoke in opposition and stated that if the Council chose to approve this,that they were prepared to begin a referendum against the project Charles Senn.2840 El Cerrito,spoke in support Brett Cross. 1217 Mariners Cove and speaking as an individual not as a Planning Commissioner, spoke in opposition. Randy Davis. 1534 Osos, spoke in opposition. Michael Sullivan. 1127 Seaward St, spoke in opposition and was concerned with the environmental report Linda White.2077 Slack St., spoke in support Richard Schmidt, 112 Broad, spoke in opposition. Victor MontgomeM 3026 S. Higuera, spoke in support Maria Brousse, 1398 Vista del Lago, spoke in opposition. Nathan Koren. 1364 Valle Ave.,Atascadero,spoke in opposition and citing the high cost Carol Florence. representing the San Luis Obispo Property Owners' Association, spoke in support Paul Murphy.3560 Cedar Court, supported water conservation and was opposed state water. Dr. Richard Kreisa. 189 San Jose Ct., spoke in opposition. LaVerne Schneider, 1356 Marsh St., spoke in opposition. Dennis Law. 10 Alta Mira, spoke in support. Dennis Johnston, 178 Brook St., spoke in opposition. Ronnie French.4360 Sunflower,spoke in support Craig Steffens.458 Higuera, spoke in opposition. Eric Greening, 7365 Valle Ave., Atascadero, spoke in opposition. John French.4360 Sunflower, spoke in support Steven Kirz,4375 Poinsetta, spoke in opposition. Dia Lortz. 121 Shanna Pl., Grover City, spoke in opposition. Ian Beg&3960 S. Higuera #73,spoke in opposition. City Council Meeting Page 5 Tuesday,April 21, 1992 -7:00 P.M. Ilona Ing, 160 Graves, spoke in opposition. Howard Carroll.2175 Biddle Ranch Rd., spoke in support. Tim Farrell.555 Ramada Dr. #163, spoke in opposition. Tim Becher. 846 Higuern #8, spoke in opposition. 1150 P.M. Mayor Dunin declared a recess. 12:00 A.M. City Council reconvened;all Councilmembers present. Bill Hetland, Utilities Director,answered questions raised during the public portion of the meeting. Councilwoman Pinard expressed concern again about the reliability of state water. Although she did not support state water, she stated that,in the event the Council chose to accept it,then she urged Council adopt a second resolution that if the City took state water, existing sources would be protected. If the water was contaminated, then the contract would require the City not having to accept it unless it was reliable or treatable. The agreements read that the state will deliver clean water. The resolution should include a resolve that if the state ever delivers water that cannot be treated to state and federal health standards, that the City consider it a violation of the contract and not be liable for any payments. Also,the resolution should declare that the City has a state mandated plan and that one would provide that participation in the state water project will in no way force the City to grow beyond its local plan. Should the state try to overrule that, then the City would reserve the right to withdraw from the project with no financial penalty. And last,that if state water is supposed to cost"a average single family resident"about$7.00 per month,the resolution should state that would be the maximum limit the City pays. Councilman Roalman questioned whether or not the issue of state water could be extended until this could be placed as a binding measure on the November ballot. Clint Milne stated November would be too late to accommodate the County and State final deadline dates. Councilwoman Randa read a statement into the record stating that she had no conflict of interest. The letter reads: "To answer the issue of any conflict of interest missed on my part, I submit the following: I have been a property owner at Oak Shores, Lake Nacimiento, since 197& 1 have always been supportive of a cooperative water management program with Monterey County and property owners around the lake. We either have too much or not enough water. In 1986, 1 initiated a report on water from Lake Nacimiento with the City of SLO. The results then are the same as now: the allocation to Lake Nacimiento is "County-wide" and would be most economical and beneficial if used as such. My property rights at the Lake are guaranteed by numerous subdivision approvals at the County level. I welcome and have encouraged San Luis Obispo County to take advantage of its 17,500 acre feet with provisions for better water management. 1 look forward to the day when SLO City and County can use their water allotment." City Council Meeting Page 6 Tuesday,April 21, 1992 -7:00 P.M. Councilman Roalman stated that the voters have clearly rejected this project. The state's longterm reliability is bad. He felt this should be given back to the voters. For the record, he stated that 1) he believed that this was a legislative act not an administrative act as stated by the City Attorney, and, therefore, this resolution is subject to referendum. Councilman Reiss reminded the Council that a year ago the City was considering going to desalinization which was clearly several times more expensive than this option. He believed that the Council needed to take a look at all possible options to provide sufficient water resources for the future. Councilwoman Rauua stated that the easiest decision for her to make both personally and politically would be to say "NO" to state water. She believed the primarily responsibility to the citizens is adherence to the General Plan and the adopted Water Management Plan. Previous Planning Commissions and Councils have supported this General Plan but have failed to provide the necessary resources to bring it to fruition. She stated that since 1986,she supported every available water option that has come before the Council including groundwater of which only approximately 500 acre feet is available plus the city has been sued,the Hansen& Gularte option was determined not viable, and the Coastal Stream Division project with Morro Bay is not viable. She hopes reclamation and Nacimiento might provide a portion of the city's need. Desalinization is much too expensive. Mayor Dunin stated that state water is necessary for the City's economy to sustain the City's quality of life and that the Council should never hold the community hostage to the environment. ITEM A Moved by Reiss/Rappa to authorize the City's further consideration of participation in the State Water Project. Motion carried (3-2,Councilmembers Pinard and Roalman voting no). Moved by Pinard/Roalman to add conditions to the resolution approving the agreement to read: 1) "The City of San Luis Obispo will not sell or trade any reservoir water,that water will be used to minimize the effect of a drought for its citizens";2) "That the City will not accept water which analysis shows it in violation of state or federal guidelines for quality. Any water received in such contaminated condition would be a violation of this contract and we will not be liable for payments";3) The city of San Luis Obispo does not want the state to supersede the City's local plans for growth and development;it is the City's condition that participation in the State Water Project will in no way compel the City to grow more rapift than the City's General Plan warrants. Should the state attempt to overrule the City's plan,than the City s the right to withdraw from the State Water Project without penalty;and 4) cap the cost at$7.00 per month making It the City's policy not to pass along more than a $7.00 increase. Motion failed (2-3, Councilmembers Rappa, Reiss and Mayor Dunin voting no). After additional discussion,moved by Roalman/Pinard that the issue of state water be put to a binding vote in November. Motion failed (2-3, Councilmembers Rappa, Reiss,and Mayor Dunin voting no). Moved by Roalman/Pinard that following execution of the agreements explore whether the state would be willing to give the City an extension of time and allow the City to hold a binding vote in November. Motion failed (2-3, Councilmembers Rappa, Reiss, and Mayor Dunin voting no). Moved by Pinard to continue Items B and C until after the April 28, 1992 Meeting. Motion failed for lack of a second. City Council Meeting Page 7 Tuesday,April 21, 1992 - 7:00 P.M. ITEM B Moved by Reiss/RaM to adopt Resolution No. 8000 making the required environmental determinations. Motion carried (3-2, Councilmembers Pinard and Roalman voting no). ITEM C Moved by Reiss/Raona to adopt Resolution No. 8001 authorizing the Mayor to execute Water Supply Agreement (A-36-92-CC) for the State Water Project and the Water Treatment Plant and Local Facilities Agreement(A-37-92-CC) for 3,000 acre feet per year,and stair directed to negotiate rhes in the agreements, including removal of Article 6B and corresponding whereas clause. Motion carried (3-2, Councilmembers Pinard and Roalman voting no). ITEM D Upon general consensus, staff directed to agendize the issue of unallocated reserve at the Tuesday, May 19, 1992 Council meeting. 1:45 A.M.there being no further business to come before the City Council,Mayor Dunin adjourned the meeting to Tuesday,April 28, 1992 at 7:00 P.M. APPROVED BY COUNCIL Pam Voges, City Clerk PV:cm DRAFT MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, MAY 4, 1992 - 12:00 - 2:00 P.M. COUNCIL HEARING ROOM - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Draft Minufe6 to be approved ROLL CALat Council Meeting L of�o"� '9a Councilmembers Present: Councilmembers Peg Pinard (arrived at 12:10 P.M.), Penny Rappa, Jerry Reiss, Bill Roalman, and Mayor Dunin (arrived at 12:05 P.M.) Absent: None City Staff Present: John Dunn, City Administrative Officer; Ken Hampian, Assistant City Administrative Officer; Jeff Jorgensen, City Attorney; Pam Voges, City Clerk PUBLIC COMMENT PERIOD There was no public comment STUDY SESSION 1. SONIC CABLE FRANCHISE (File No. 463) Council considered a report from Telecommunications Management Corporation (TMC)on the Sonic Cable Television franchise renewal process. Deb Hosslt. Administrative Analyst, introduced Carl Pilnick, the consultant for the franchise. She stated that the franchise agreement with Sonic Cable Television will expire in April 1993. Because of the complexity of the renewal proceedings, the Council has secured the services of Telecommunications Management Corporation to assist staff with the process. The president of TMC, Mr. Cart Pitnick, was available to review the time frame and process for conducting the franchise renewal. Further, he would explain how the Cable Policies Act of 1984 will impact the renewal proceedings, provide an update on current legislation effecting cable, and answer questions of the Council regarding the process. Carl Pelnick, president of TMC, reviewed the renewal schedule which included 1) conducting a technical and performance review of the cable system by May 1992; 2) assessing public educational and governmental (PEG) access needs and interests by June 1992; 3) assessing the cable systems ability to meet PEG access needs identified by July 1992; 4) developing recommended franchise objectives by July 1992; 5) preparing a franchise agreement and ordinance and evaluating cable company franchise proposals by August 1992; 6) taking the lead in franchise negotiations expected to begin September 1992 and conclude by November 1992; and 7) preparing and assist in final adoption of franchise agreement and ordinance by January 1993. Further, he talked about a very important component of the renewal process which is to assess the public needs and concerns regarding cable. Staff is recommending that public input be obtained from a "town-hall'type meeting in the City/County Library Community Room as opposed to a formal Council meeting. Under this approach, the Council would be invited to attend but staff and TMC would facilitate the meeting,respond to public questions,and record concerns. It is the staffs feeling City Council Meeting Page 2 Tuesday, May 4, 1992 - 12:00 P.M. that a less formal setting would encourage greater public participation. Further, there would be additional opportunities later at City Council meetings when the franchise would be scheduled for public hearings. It was important to note that the consultant proposal initially included an option to conduct a survey of residents to evaluate customer satisfaction with the cable operator's performance at a cost of $15,000. After discussing the advantages and disadvantages of this type of survey, staff opted to forego the study. It was felt that adequate customer satisfaction information could be obtained through a thorough public meeting process making It unnecessary to spend an additional $15,000 for the survey. If the Council felt It was necessary to conduct It, staff can be provided with direction during the study session. Mr. Pilnick said that generally when these surveys are made, the some issues come up over and over again and generally it is related to system reliability and cost of the system rates and programming. Mayor Dunin asked for public comment. Tom Friedman spoke on the cable company's future use of fiber-objects which could provide a wide variety of services including data services, 150 television channels, long distance telephone service (by-passing the telephone companies),and other ramifications which may appear within the next few years. Larry Martinez, 1635 Santa Rosa and a teacher at Cal Poly, suggested an intrinsic infrastructure decision for the city be made in that how can cable be used for teaching educational program and other training programs be provided on cable. He felt that it was important to educate the citizens as to what is available through cable prior to trying to obtain their input on what they wanted. Upon question,Steve Burrell,representing Sonic Cable TV,stated that he was available for comments but was mostly here to listen. Councilwoman Raooa indicated she could support getting community input through the use of the town-hall meeting but believed there is a real opportunity through the use of the City's newsletter and an attempt to do a survey. Mayor Dunin stated there is dialogue going on now between the County and other cities about the possibility of having a County-side cable committee look at these issues. He suggested that a survey regarding community concerns might be possible through the use of the newsletter. Councilman Reiss also supported the concept of a town-hall meeting and was Interested in the idea of conducting a survey to find out how the community feels about the cable companies. Upon question, Mr. Pilnick didn't believe the city would get much back through the use of a survey. He stated that if the Council wanted guidance regarding making a decision In setting priorities or approving an agreement, a survey would not do it. He suggested interviewing one-on-one with educational people, city departments and affected groups. Councilwoman Pinard stated that the Council should first get itself better educated as to what cable companies can provide. She suggested the Council be educated as to what the options are and then it can better identify what to ask for In a survey. She could also support the use of the newsletter for this purpose. Councilman Roalman felt that unless the survey could tell the Council something useful, he could not support it. City Council Meeting Page 3 Tuesday, May 4, 1992- 12:00 P.M. Councilwoman Rama agreed with Councilman Roalman. She felt the Council needed to get community input on the various areas that cable can provide so those issues can be prioritized. Rates and programming are already known factors so there needs to be a method to determine other components such as providing extension courses. She wold like to see some way to solicit information and educate at the some time. In addition to knowing what services people would be interested in, she was also concerned what people were willing to pay for. Councilman Reiss was concerned that the Council not tie the community into 5-15 years of something that really represents only a few special interest groups. He supported the concept of a town-hall meeting and was interested in the idea of conducting a survey to find out how the community feels about its cable needs. After discussion and upon general consensus,Council directed staff to bring back,as a consent item, what the proposed survey would look like and incorporating Council comments and ideas as discussed. 1:40 P.M. Mayor Dunin adjourned the meeting to closed session concerning litigation. The title of the litigation was Yahana Boston vs. City of San Luis Obispo. 2:OO P.M. there being no further business to come before the City Council, Mayor Dunin adjourned the meeting. APPROVED BY COUNCIL: Pam Voges, City Clerk PV:cm 6-/-!D DRAFT MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 5, 1992 - 6:45 P.M. draft Minutes COMMUNITY ROOM - CITY/COUNTY LIBRARY - 995 PALM STREET to be approved SAN LUIS OBISPO, CALIFORNIA Pp at Councii Meetinc ROLL CALL oft Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman, and Mayor 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 6:45 P.M. Council convened in closed session to discuss personnel matters. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 5, 1992 - 7:00 P.M. COMMUNITY ROOM - CITY/COUNTY LIBRARY - 995 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman, and Mayor 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; Wayne Peterson, Acting Public Works Director; Arnold Jonas, Community Development Director;Bill Statler,Finance Director;Jim Gardiner,Police Chief; Terry Sanville,Bicycle Program Manager,Craig Anderson,Bicycle Coordinator PUBLIC COMMENT PERIOD There was no public comment. e.1•// City Council Meeting Page 2 Tuesday, May 5, 1992 - 7:00 P.M. CONSENT AGENDA Moved by Raooa/Roalman the Consent Agenda was unanimously approved as recommended by the City Administrative Officer with the exception of C-3, C-4, C-5, C-10, and C-11 as noted. C-1 COUNCIL MINUTES Moved by Rapp@/Roalman (5-0) the following minutes were approved as amended. Monday, March 9, 1992 at 8:30 A.M., and Tuesday, March 24, 1992 at 7:00 P.M. C-2 CONTRACT PAY ESTIMATES Council considered contract pay estimates and change orders Moved by Raopa/Roalman (5-0) to approve contract pay estimates and change orders and ordered paid as recommended. C-3 MASS TRANSPORTATION COMMITTEE AMENDMENTS (File No. 123) Council considered final passage to an ordinance amending the Mass Transportation Committee (MTC) membership requirements (continued from 4/21/92 - 4:00 P.M. meeting). Moved by Roalman/Raooa (5-0)to continue this item without discussion to the next Regular Meeting. C-4 GP/R 1537 - 399 FOOTHILL BOULEVARD (File No. 462) Council considered final passage to an ordinance amending the Zoning Map to change the designation from Neighborhood Commercial (C-N) to Neighborhood Commercial - Special Considerations (C-N-S) for property located at the southwest corner of Foothill Boulevard and Tassajara Street (399 Foothill Boulevard) - (continued from 4/21/92 - 4:00 P.M. meeting). Moved by Ranoa/Roalman (4-1, Councilwoman Pinard voting no)Ordinance No. 1208 was given final passage rezoning the site from C-N to C-N-S, and identifying the special considerations which are the basis for the overlay zone as recommended. C-5 WATER EFFICIENT LANDSCAPEORDINANCE (File No. 517) Council considered final passage to an ordinance adopting the City's Water Efficient Landscape Standards (continued from 4/21/92 - 4:00 P.M. meeting). Roy Han ff expressed concern about the requirement that a landscape architect would be required by this ordinance for all projects including single family residences. After brief discussion, moved by Raooa/Roalman (4-1, Mayor Dunin voting no) Ordinance No. 1209 was given final passage adopting the City's Water Efficient Landscape Standards as recommended. City Council Meeting Page 3 Tuesday, May 5, 1992 - 7:00 P.M. C-6 LOCAL ENFORCEMENT AGENCY (File No. 526) Council considered the designation of the San Luis Obispo County Health Department-Division of Environmental Health as Local Enforcement Agency to cant' out provisions of the California Integrated Waste Management Act of 1989. Moved by Raooa/Roalman (5-0), Resolution No.8007 was adopted approving the designation of San Luis Obispo County Health Department - Division of Environmental Health as Local Enforcement Agency as recommended. C-7 INSTREAM FLOW STUDY AGREEMENT (File No. 521) Council considered an agreement with Thomas R. Payne and Associates for Instream Flow Study of San Luis Creek for the Water Reclamation Program in an amount not to exceed $14,305. Moved by Raooa/Roalman (5-0) to approve and authorize the Mayor to execute an agreement (A- 43-92-CC)with Thomas R. Payne and Associates in the amount not to exceed$14,305 for completion of an Instream Flow Study of San Luis Creek as recommended. C-8 WILDFLOWER PROGRAM (File No. 815) Council considered accepting a $500 check from Texaco Oil Company to initiate the planting of wildflowers. Moved by Rappa/Roalman (5-0) to accept a donation of $500 from Texaco Oil Company to the City of San Luis Obispo for wildflower propagation as recommended. C-9 OPEN SPACE ELEMENT (File No. 462) Council considered a status report and revised schedule for the Open Space Element. Moved by Randa/Roalman(5-0)to receive and Tile the May 5, 1992 Open Space Element status report and Element schedule as recommended. C-10 CITY CLERK RECRUITMENT (File No. 601) Council considered a contract with Ralph Anderson and Associates for the recruitment of a City Clerk. Roy Man ff expressed concern about the expense involved. He felt that for $17,000 contract the recruitment could be done in another fashion. Moved by Raoaa/Roalman (5-0) to approve and authorize the Mayor to execute a contract (A-44- 92-CC) for the recruitment of the City Clerk with Ralph Andersen and Associates as recommended. C-11 STREET ABANDONMENT - MITCHELL DRIVE (File No. 535) Council considered the Planning Commission's recommendation to abandon a portion of Mitchell Drive, west of Meadow Street to the city limits; Robert Takken, owner/applicant. City Council Meeting Page 4 Tuesday, May 5, 1992 - 7:00 P.M. Councilman Roalman expressed concern about being sure there is a full evaluation of this issue prior to its coming to hearing, particularly as it related to Exhibit A as being a part of the Stoneridge II project After discussion, moved by Roalman/RaDva, Resolution of Intention No. 8008 was adopted to set a public hearing for Tuesday, June 16, 1992 at 7:00 P.M. to consider abandonment as recommended. C-12 TRANSIT OPERATING AGREEMENT (File No. 541) Council considered the San Luis Obispo Transit Service Agreement providing transit services from July 1, 1992 to June 30, 1995 with a maximum contract cost of $639,600 for 1992/93; $716,800 for 1993/94; and $801,000 for 1994/95. Moved by Raaua/oalman (5-0) to award the SLO Transit Service Agreement (A-01-92-CC) to Mayflower Contract Services, Inc., and authorize the Mayor to execute the agreement as recommended. C-13 FINAL MAP APPROVAL - VILLA ROSA (File No. 410) Council considered approving the final map for Tract No. 2066, an 85-unit residential planned unit development (condominium) and two commercial lots at 843 Mutsuhho Avenue; Villa Rosa Co., subdivider. Moved by Raaua/Roalman (5-0) Resolution No. 8009 was adopted approving the final map for Tract No. 2066 as recommended. PRESENTATION Presentation was made by Oliver Carter, Marketing Consultant for Texaco Oil Company who submitted a $500 check to Mayor Dunin on behalf of the City from Texaco for use in promoting a Wildflower Program for Spring 1993. ADVISORY BODY APPOINTMENTS Al. PARKS AND RECREATION COMMISSION (File No. 123) The report of the Council Subcommittee for recommending appointments to the Parks and Recreation Commission was continued without discussion to a future meeting. COUNCIL LIAISON REPORTS There were no Council Liaison Reports. BUSINESS ITEM 1. BIKE LANE IMPROVEMENTS (File No. 462) Council considered the Bicycle Advisory Committee's list of recommended projects to be funded from City Council Meeting Page 5 Tuesday, May 5, 1992 - 7:00 P.M. the $400,000 allocated for bicycle projects in the 1991-93 Capital Improvement Projects account. Terry Sanville. Bicycle Program Manager, reviewed the agenda report (File No. 462) with the recommendation that the Council, after it considers the Bicycle Advisory Committee's list of recommended projects to be funded from the $400,000 allocated for bicycle projects, adopt a resolution to: A) approve the Bicycle Program Budget described in Section 111 of the Bicycle Committee Progress Report; B) concur with the Community Development Director's environmental determination to grant negative declarations for the Foothill Boulevard, Higuera Street(between High and Marsh Streets), Santa Barbara Street, and Laurel Lane projects; and C) direct the Finance Department to cavy over unexpended capital improvement funds earmarked for bicycle improvements from the 1989-91 Financial Plan to implement the proposed bicycle program. He stated that over the past four months the City's Bicycle Advisory Committee had held seven meetings to decide on a list of projects to be funded by the $400,000 allocated in the 1991-93 CIP projects. The Bicycle Program Budget identifies the bicycle program's funding sources and breaks the recommended list of projects into three categories plus funding for railroad bike path, design study,and contingencies. A funding level of$400,000 is required to fully fund the recommended list of projects. Category 1 - allocation of $280,000 will fund bike lane improvement projects. Category 2 - allocation of $25,000 will fund promotional and educational programs. Category 3 - allocation of $20,000 will fund bicycle parking facilities. The Council previously approved $6,620 for the funding of Bike Fest which is a part of Category 2. An additional$75,000 has been budgeted for completion of a design study for the railroad bike path. The biggest concern is that bicycle installation on some segments will require the removal of on- street parking and on other streets the number of vehicle lanes will need to reduced in order to allow enough space for bike lanes. The primary projects being recommended are: 1. The southern side of Foothill Boulevard between Tassajara and the Foothill Plaza (an estimated 33 spaces). 2. Selected locations on both sides of Grand Avenue near the comer of Garfield (an estimated 10 spaces). 3. The eastern side of Santa Barbara Street with the exception of the area directly fronting Railroad Square (an estimated 65 parking spaces). 4. The western side of Laurel Lane between Southwood Drive and Oroutt Road (65 spaces). 5. The re-striping of Higuera Street between Marsh and High Streets. This Is the alternative that would change four lanes to two lanes. He stated that the Bicycle Committee did not make a recommendation on Santa Barbara Street because it was tied 5.5. A total of i t projects are included. City Council Meeting Page 6 Tuesday, May 5, 1992 - 7:00 P.M. Mayor Dunin asked for public comment. Jamie Lopes. 2230 Exposition and speaking on behalf of the committee, urged the Council support of all the recommendations. Mayor Dunin felt there should be some type of environmental report on these recommendations and that a survey be provided for actual usage by bicyclists. Mayor Dunin opened the public portion of the meeting. Jim Merkel, 392 Pismo St., provided a brief slide presentation. He was concerned about including Marsh and Higuera as additional projects that the Bicycle Committee did not make recommendation on. Beth Young spoke in support of bike lanes at Grand, Santa Rosa and California. Gary Felsman. 2234 Santa Ynez, spoke in support of bike lanes. Pat Veesart. 1517 Hansen Lane, spoke in support. Arnold Volny. #2 Aero Vista Place and part owner of Pacific Home, was opposed to removal of parking on Santa Barbara Street. Mike Wilson. 1642 EI Cerrito CL,also opposed to the removal of parking on Santa Barbara Street and reminded the Council that the Bicycle Committee vote was a tie of 5-5. Geoff Bradley. 1421 A Osos St., read a letter into the record and spoke in support of bike lanes. Matthew Roberts. 1231 Sydney St. and owner of property near Grand and Mill, was opposed to removal of parking in that area. Steve Pipkin. 286 Higuera, also opposed to the removal of parking on recommendation #8. Eva Uran. 4320 S. Higuera #6, supported all of the City and staff recommendations. Helen Bates. 175 Foothill, was concerned about the removal of parking near Tassajara to the City limits. Tom Welliver, 424 Foothill, supported part of the recommendations. Eliminating west of Tassajara he felt was good but felt it should be extended all the way to Ferrini. Roy Hanff. 569 Lawrence Dr., concerned about taking parking off any of these areas and thought it was too expensive. Jack Farris, 2015 Santa Barbara and owner of Farris Lighting, was against removal of parking on Santa Barbara Street. David Maksoudian. 1960 Santa Barbara and owner of S & S Automotive, opposed to the removal of parking on Santa Barbara. Joe Guidetti. 1960 Santa Barbara, concerned about traffic and parking; he was opposed to the removal of parking spaces. Randy Davis. 1534 Osos St., spoke in support of the bike recommendations. City Council Meeting Page 7 Tuesday, May 5, 1992- 7:00 P.M. Randy Knight. 1281 17th, Los Osos and representing the Sierra Club, spoke in support of the committee and staff's recommendations. Bovin Rambuski spoke in support of bike lanes. Cal Massey spoke in support of the business interests and was opposed to the cost of the bike lanes. Charles Allen. 3730 S. Higuera #3, spoke in support of the bike recommendations. Leon Maksoudian. 622 Couper Dr., spoke in opposition of removal of parking on Santa Barbara Street. Sandi Siaurdson. 665 Buchon St. and Business Manager of ECOSLO, spoke in support of the bike recommendations. David Friend. 555 Ramona Dr., opposed. 9:00 P.M. Mayor Dunin declared a recess. 9:15 P.M. City Council reconvened; all Councilmembers present. Paul Keatina. 1645 Hansen, spoke in support of the bike recommendations. Joanne Kreisa. 189 San Jose Court, spoke in support. Patrick Bumbarsomespoke in support. Brett Cross. 1217 Mariners Cove, spoke in support. Steve Rario, 1998 Santa Barbara and representing Daylight Gardens, was concerned about the loss of parking. Melinda Bradford, 1741 Nipomo St. #B, spoke in support of the recommendations. Tom Fulks, Regional Ridesharing Program Coordinator, spoke in support. Paul Allen. 191 Luneta Dr., spoke in support. Julie Milsap. Regional Ridesharing Coordinator, spoke in support. Chuck Mallnowski. 1217 Peach St., spoke in support. Suzanne Smith, 1957 Santa Barbara, spoke in opposition. Matt R. Wall, 584 Patricia Dr., was opposed to spending $75,000 for a study. He offered to donate his time as a professor at Cal Poly. He was opposed to the Foothill recommendation. Larry Souza. 1319 Kentwood Dr., spoke in support. Michael McNamara, 390 Higuera,spoke in opposition to the proposal for Foothill and Santa Barbara. Doyle Griffith, 1951 Santa Barbara, also opposed. Russell Hodin, 1951 Santa Barbara St., opposed the bike recommendations for Santa Barbara St. City Council Meeting Page 8 Tuesday, May 5, 1992 - 7:00 P.M. Kenneth Brooks, business owner on Santa Barbara, was opposed. He felt that the street needed to be widened. Richard Palmer. 1855 12th St., Los Osos, spoke in support. Dann Perkins. 890 B Pacific St and President of the Cycling Club at Cal Poly, spoke in support. Rob Strona. One Buena Vista and former Community Development Director, spoke in support. Amy Shore. 1536 Garden St., spoke in support. Matthew Guiffrida. 1533 Phillips Lane, spoke in support of the bike lanes. David Morrow, Air Quality Control District, spoke in support. After discussion, moved by Raooa/Roalman to adopt the proposed bike lanes as referred to in the staff report Items 2-6 and 8-11 which would exclude Santa Barbara and Foothill Blvds. Motion carried unanimously (5-0). Moved by Raooa/Roalman to approve Area #1 which was Foothill Blvd. Motion carried (4-1, Mayor Dunin voting no). Moved by Rapp/Roalman to approve Santa Barbara Street Motion carried (3-2, Councilmembers Reiss and Mayor Dunin voting no). Moved by Raooa/Roalman to adopt Resolution No.8010 to approve the program budget,concur with Community Development Director's environmental determination to grant negative declarations for the Foothill Blvd., Higuera, Santa Barbara and Laurel Lane projects, and directed the Finance Department to cavy over unexpended capital improvement funds earmarked for bicycle improvements from the 1989-91 Financial Plan to implement the programs. Motion carried (3-2, Councilmembers Reiss and Mayor Dunin voting no). Councilman Reiss stated that he could not support it because of negative declaration on Santa Barbara Street. He would like to have this program evaluated over the next year with hard numbers coming back including progress reports. Mayor Dunin concerns were that he did not feel that the businesses could sustain the loss of parking in their area and it would be too detrimental to the community. It was sending the wrong message to the businesses. He would like to see additional surveys regarding the usage of bicycles. Moved by Roalman/Ragoa to direct the Bicycle Committee and Engineering staff to evaluate and recommend bike paths for Higuera and Marsh Streets with report back to Council. Motion carried unanimously. Upon general consensus, staff was directed to contact Dr. Wall as to his availability to provide a survey of bike usage. PUBLIC HEARING 2. MIXED USE ZONE (File No. 463) Council held a public hearing to consider a Planning Commission recommendation to add a mixed- use zone to the Zoning Regulations (CR1538). ����8 City Council Meeting Page 9 Tuesday, May 5, 1992- 7:00 P.M. Moved by Roalman/Raapa to continue this issue without discussion to the next available Regular meeting due to lack of time. 3. LOS NOMADAS ENVIRONMENTAL STUDY (File No. 482) Council held a public hearing to consider the City's possible role as lead agency for preparation of an Environmental Impact Report(EIR)for a 705 acre recreational planned development known as•Los Nomadas° located at 450 Orcutt Road. Moved by Roalman/Rapp@ to continue this item without discussion due to lack of time to the available Regular meeting. 11:40 P.M.there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Monday May 11, 1992 at 12:00 Noon in the Council Hearing Room to discuss the Circulation Element. APPROVED BY COUNCIL: Pam Voges, City Clerk PV:cm DRAFT MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 12, 1992 - 6:30 P.M. CITY/COUNTY LIBRARY - ROOMS A & B - 995 PALM STREET Draft Minu'res SAN LUIS OBISPO, CALIFORNIA to be approved ROLL CALL at Council Meeting Councilmembers of Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman, and Mayor 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 Also Present: Thomas D. Wise of Hatch and Parent 6:30 P.M. Council held a closed session to discuss pending litigation, specifically the case of Los Osos Valley Associates vs. City of San Luis Obispo. 7:30 P.M. Mayor Dunin adjourned the meeting to a budget study session. MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 12, 1992 - 7:30 P.M. CITY/COUNTY LIBRARY - ROOMS A & B - 995 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman, and Mayor 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; Wayne Peterson, Acting Public Works Director, Arnold Jonas, Community Development Director;Bill Statler,Finance Director;Bob Neumann,Fire Chief; Jim Gardiner, Police Chief; Jim Stockton, Recreation Director; Harry Watson, Transit Manager; Bill Hetland, Utilities Director; Deb Hossli, Administrative Analyst; Gary Henderson, Water Division Manager, John Moss, Wastewater Division Manager City Council Meeting Page 2 Tuesday, May 12, 1992 - 7:30 P.M. PUBLIC COMMENT PERIOD There was no public comment. COUNCIL LIAISON REPORTS There was no Council Liaison reports. BUSINESS ITEMS 1. BUDGET STUDY SESSION (File No. 233) Council considered 1)approving departmental budget requests amending the 1991-93 Financial Plan for 1992-93; 2) approving a change in Financial Plan policies authorizing staff to program the use of Economic Stability funds consistent with the City's purchasing policies and procedures; and 3) authorizing the CAO to negotiate for the purchase of three used buses in an amount not to exceed $180,000. John Dunn,City Administrative Officer,made opening comments stating that the Council had recently gone through a budget reduction and $1.7 million was reduced from the 91-93 budget. Tonight,with the exception of the water reclamation programs,they are essentially retaining the status quo. Most of the proposed expenditure increases came in the areas of public utilities and transportation. Only $82,000 or one-third of 1% increase to the City's General Fund Budget is being proposed. That change is in the Police Department. Councilman Reiss left the meeting at 7:35 P.M. Councilwoman Pinard left the meeting at 7:40 P.M. Bill Statler, Director of Finance, then reviewed the agenda staff report stating that consistent with Council policy and direction, the proposed capital and operating expenditure changes reflected the modest change of 2%from the groundwork laid in the 91-93 Financial Plan. The vast majority of the changes were in enterprise fund areas, not the General Fund, summarized as follows: Operating Programs Public Safety $ 82,400 Public Utilities 198,400 Transportation71 8.000 TOTAL OPERATING PROGRAMS $ 458,800 Capital Improvement Pian (CIP) Projects Public Utilities $ 85,000 Transportation 455,000 TOTAL CIP PROJECTS $ 540,000 TOTAL RECOMMENDED CHANGES $ 998,800 He then introduced Lloyd DeLamas, from the firm Hinderleiter, Delamas and Associates, who gave an in-depth presentation on current sales tax trends, Identifying revenues from major business groups, reviewed a six quarter history of all business types, reviewed a twelve quarter history of geographic area comparisons throughout the City, and sales tax revenues by geographic area (see City Council Meeting Page 3 Tuesday, May 12, 1992 - 7:30 P.M. File No. 233 for handout). He noted that the City is a primarily retail based community rather than industrial or a combination of retail and industrial. Although car dealerships and retail are the worst hit by the recession,the City is still enjoying being the regional center in the County. He stated that restaurants have a higher percentage overall than the State and County records indicate. General retail is lower than the state although the downtown is the most successful in the state at 19% of revenues where other downtowns in the state usually do not enjoy more than about s - 7% of total retail sales. He stated that the Ross For Less store recently constructed in the downtown has been extremely positive. He stated that the retail figures should be expected to stay down for another year. Upon question by Councilman Roalman. Mr. DeLamas stated that the loss of 2,000 students at Cal Poly and the reduction of over$11,000,000 in their operating programs will have a significant impact on the community. The state having been hit as hard as it has will be a negative impact to the community both in sales and in employment. He stated, however,that although many regional malls and dealerships are failing throughout the state (there is a natural 85%failure in new business in the first 3-4 years), the City's mall and automobile dealerships are up. Councilwoman Raoaa was pleased with the report, however, she also felt that the City needs to look at other commercial establishments that will help the City's economic stability. Harry Watson. Transit Manager, reviewed increases required as a result of transit operations. 8:50 P.M. Mayor Dunin declared a recess. 9:05 P.M. City Council reconvened; Councilmembers Pinard and Reiss absent. Bili Hetland. Utilities Director, and Gary Henderson, Water Division Manager, reviewed the Utilities Budget and provided a handout identifying the cost involved in the Water Reclamation Facility upgrade and the key requirements in meeting the goals in operations and maintenance which would require additional staffing. After discussion, it was moved by Ranoa/Roalman to approve departmental budget requests amending the 1991-93 Financial Plan as recommended. Motion carried (3-0-2, Councilmembers Pinard and Reiss absent). Moved by Raooa/Roalman to approve a change in the Financial Plan policies authorizing staff to program the use of Economic Stability funds consistent with the City's purchasing policies and procedures with an amendment to delete the Dalidio appropriation discussion to the next budget session. Motion carried (3-0-2, Councilmembers Pinard and Reiss absent). Moved by Rappa/Roalman to authorize the CAO to negotiate for the purchase of three used buses in an amount not to exceed $180,000 as recommended. Motion carried (3-0-2, Councilmembers Pinard and Reiss absent). 2. FIRE ENGINE1LADDER TRUCK (File No. F92-1) Council considered the specification for one 1500 GPM, four-door, custom cab-forward combination Fire Engine/Ladder Truck (continued from 4/7/92). Bob Neumann. Fire Chief, reviewed the agenda report with the recommendation that Council, by motion, approve the specification, authorize solicitation of bids, and award of contract by the City Administrative Officer if the low bid is $410,000 or under. City Council Meeting Page 4 Tuesday, May 12, 1992 - 7:30 P.M. After discussion, it was moved by Roalman/Dunin to approve the specifications as recommended by staff. Motion carried (3-0-2, Councilmembers Pinard and Reiss absent). Upon general consensus, staff directed to report back on the operational and liability issues relative to the Ladder Truck. COMMUNICATIONS COMMA. Council considered a request by Vice-Mayor Rappa to agendize a property maintenance ordinance as requested by Residents for Quality Neighborhoods. No consensus was reached; this item was continued to the next regular meeting. COMM.2. Council Meeting Protocol. Mayor Dunin requested Council agendize the Council Policies and Procedures, and to prepare some methods to better prepare for conducting the Council meetings in a more efficient and expeditious manner. Upon general consensus, staff was directed to prepare the policy as requested. COMM.3. Request to appoint a Blue Ribbon Task Force to examine the City's economic situation. As requested by Mayor Dunin, this item was continued without discussion to the next regular meeting. 10:10 P.M.there being no further business to come before the City Council, Mayor Dunin adjourned to the meeting. APPROVED BY COUNCIL Pam Voges, City Clerk PV:cm DRAFT MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 19, 1992 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET 13r3¢; {Minutes SAN LUIS OBISPO, CALIFORNIA =C, be approved at Council Meeting ROLL CALL Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman and Mayor 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; Wayne Peterson, Acting Public Works Director; Arnold Jonas, Community Development Director; Bob Neumann, Fire Chief; Ann McPike, Personnel Director, Glen Matteson,,Associate Planner PUBLIC COMMENT PERIOD P.C.1. Eva Vigil, on behalf of the Open Space Committee, thanked Jan DiLeo for her work efforts on the Open Space Element. P.C.2. Richard Schmidt expressed concem about the rapidly increasing cost of State Water due to other agencies dropping out. P.C.3. Richard Kransdorf invited the Council to attend a press conference on Thursday, May 21, at 1:00 P.M. in front of City Hall. P.C.4. Charles Palmer. 485 Estero, Morro Bay, made an offer to the Council to prepare a water rate analysis relative to the City's growth needs which he would submit in writing. CONSENT AGENDA Moved by Reiss/Pinard (5-0),the Consent Agenda was unanimously approved as recommended by the City Administrative Officer with the exceptions of C-5 and C-7 as noted. C-1 COUNCIL MINUTES Moved by Reiss/Pinard (5-0), the following minutes were approved as amended: Monday, April 6, 1992 at 7:00 P.M., Tuesday, April 7, 1992 at 7:00 P.M., and Tuesday, April 28, 1992 at 7:00 P.M. c-i-ay City Council Meeting Page 2 Tuesday, May 19, 1992- 7:00 P.M. C-2 MASS TRANSPORTATION COMMITTEE AMENDMENTS (File No. 123) Council considered giving final passage to an ordinance amending the Mass Transportation Committee (MTC) membership requirements (continued from 4/21/92 and 5/5/92). Moved by Reiss/Pinard (5-0), Ordinance No. 1207 was given final passage amending the MTC membership requirement to: a) exempt the Cal Poly representative from term limitations and b) replace the Human Relations Commission representative with a student representative as recommended. C-0 SEWERUNE IMPROVEMENT PROJECT (File No. S-07R) Council considered plans and specifications of'Sewerline Improvement Project:Marsh Street Siphon at San Luis Creek between Osos and Santa Rosa, City Plan No. S-07R', estimated to cost $32,145 Including contingencies. Moved by Reiss/Pinard (5-0),approved plans and specifications for'Sewerline Improvement Project: Marsh Street Siphon at San Luis Creek between Osos and Santa Rosa, City Plan No. S-07R'; authorized soliciting of bids;and awarded contract (A-49-92-CC) by CAO If lowest responsible bid Is within the Engineer's estimate as recommended. C-4 VEHICLE FUELS. LUBRICANTS. & SOLVENTS (File No. CY 92-003) Council considered specifications for Vehicle Fuels, Lubricants and Solvents, Specification No. CY 92-0030, estimated to cost $204,133. Moved by Reiss/Pinard (5-0), approved specifications for 'Vehicle Fuels, Lubricants and Solvents, Specifications No. CY 92-0030; authorized soliciting of bids; and award contract (A-50-92-CC) by the CAO If the lowest responsible bid is within the Engineer's cost estimate as recommended. C-5 NEIGHBORHOOD IMPROVEMENT PROJECT (File No. P-116) Council considered a 'Neighborhood Improvement Project: .Chorro/Broad Streets, City Plan No. P- 11 B'. At the request of Councilwoman Pinard, moved by Roalman(Raop_e to continue this Rem without discussion to a future meeting as a business Item. Motion carried unanimously (5-0). C-8 NATIONAL REGISTER APPLICATION (File No. 452) Council considered supporting the inclusion of the Tribune-Republic Building located at 1763 Santa Barbara Street, on the National Register of Historic Places. Moved by Reiss/Pinard (5-0), Resolution No. 8011 was adopted supporting the National Register application as recommended. C-7 DALIDIO LAND VALUE ANALYSIS (File No. 432) Council considered the approval of a land value analysis for the proposal of the Dalidio Property, City Council Meeting Page 3 Tuesday, May 19, 1992- 7:00 P.M. approximately 65 acres at Madonna Road and Dalidio. Atter brief discussion, moved by Raooa/Reiss to approve and authorize the Mayor to execute an agreement (A-48-92-CC) in the amount of $16,900 with Economic Research Associates to complete a land value analysis of the proposal for the Dalidio Property as recommended. Motion carried (3- 2, Councilmembers Pinard and Roalman voting no). C-8 BIA BOARD OF DIRECTORS (File No. 123) Council considered confirming an appointment to the Business Improvement Association Board of Directors to fill an unexpired term. Moved by Reiss/Pinard (5-0)to confirm the appointment of Dan Smith to the Business Improvement Association Board of Directors, to an unexpired term expiring 3/31/93 as recommended. C-9 STATE WATER UNALLOCATED RESERVES (File No. 1124) Council considered State Water Project Unallocated Reserves (continued from 4/21/92). Moved by Reiss/Pinard (5-0), directed staff to recommend to the San Luis Obispo County Flood Control and Water Conservation District to only subscribe for the amount of state water for which contracts have been executed as recommended. C-10 ART ACQUISITION POLICY COMMITTEE APPOINTMENTS (File No. 853) Council considered appointment to the Art Acquisition Policy Committee for the Performing Art Center. Moved by Reiss/Pinard (5-0), to appoint Lon Lundberg and Kathryn Luckett as City-designated members of the Art Acquisition Policy Committee as recommended. ADVISORY BODY APPOINTMENTS Al. PARKS AND RECREATION COMMISSION (File No. 123) Council considered a report by Council Subcommittee (Reiss/Dunin) of recommendation for two appointments to the Parks and Recreation Commission. Moved by Reiss/Dunin (5-0) to reappoint Lee Anne Hagmaler to a 4-year term expiring 3/31/96 and appoint Roger Picquet to a 4-year term expiring 3/31/96 as recommended. A2. PERSONNEL BOARD (File No. 123) Council considered a report by Council Subcommittee (Pinard/Reiss) of a recommendation for one appointment to the Personnel Board for an unexpired term expiring 3/3/196. Moved by Pinard/Reiss to appoint Diane Glaser for a 4-year term expiring 3/31/96 as recommended. �.�s l City Council Meeting Page 4 Tuesday, May 19, 1992 - 7:00 P.M. COUNCIL LIAISON REPORT There was no Council Liaison Report. PUBLIC HEARING 1. SIDEWALK CONSTRUCTION AND REPAIR (File No. 533) Council held a public hearing to consider confirming costs for sidewalk construction and repair to various property owners throughout the City. Wayne Peterson.Acting Public Works Director,reviewed the agenda report with the recommendation that Council adopt a revised resolution confirming costs to property owners for construction and/or repairs conducted under the 1911 Act as amended at 5:00 this evening which included amendments to both Exhibits A and B for those property owners who had identified either paying their repair costs in full or selected the three year option. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed action. Mayor Dunin declared the public hearing closed. Moved by Ranna/Reiss. Resolution No. 8012 was adopted (5-0) confirming costs as amended. 2. MIXED USE ZONE (File No. 463) Council held a public hearing to consider a Planning Commission recommendation to add a mixed- use zone to the Zoning Regulations (CR 1536), (continued from 5/5/92). Glen Matteson.Associate Planner,reviewed the agenda report with the recommendation that Council introduce an ordinance to print in summary form,approving a negative declaration of environmental impact and adding a mixed-use zone to the Zoning Regulations as recommended. Mayor Dunin declared the public hearing open. Vic Montgomery, 772 Mill Street,thought that the zone idea was a good one but it should be optional rather than required. If required, financing could be a problem for some projects. He also did not want it to be reactionary and that a property owner would be told exactly what he could or could not do with his property. He felt that the process if implemented now would be more difficult than a planned development project. He believed that the use permit requirement would be redundant. Mayor Dunin declared the public hearing closed. Councilwoman Pinard expressed concern about the possible loss of residential zoning. She felt that the original idea was to add residential to commercial areas because of safety reasons particularly for nighttime use. These regulations seem to be going in the opposite direction. She suggested an amendment to the mixed-use zone under Purpose that would read "The City desires the safety provided by including residential components in commercial areas and identifies housing as the City's number one priority°. City Council Meeting Page 5 Tuesday, May 19, 1992 - 7:00 P.M. Councilwoman Rappa also expressed concern about the use permit being required. Mayor Dunin preferred making the requirement optional. Councilman Reiss was concerned that financing for next year's projects would be difficult and in some cases,only way to get financing would be to change the zoning from residential to commercial. After discussion, moved by Raopa/Reiss to introduce Ordinance No. 1210 to print in summary form, approving a negative declaration of environmental impact and adding a mixed-use zone to the Zoning Regulations with amendments to the Purpose to delete the word "required" to include the language provided by Councilwoman Pinard to read °The City desires the safety provided by including residential components in commercial areas and identifies housing as the City's number one priority"; and an amendment to Section 17.5.040 subsection B (1) to read °Sites specific property development standards are needed to protect all proposed uses. in Particular, residential and other elt proposed uses of the site". Motion carried (5-0). 3. TENTATIVE MAP - 3935 POINSETTA (File No. 410) Council held a public hearing to consider a Planning Commission recommendation to approve the tentative map for Tract No. 2100, a subdivision to divide a 1.47 acre site into eight to ten residential lots, on Poinsettia Street, north of Tank Farm Road (3935 Poinsettia); Marigold Partners applicant. Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution approving the tentative map, with findings and conditions as recommended. Mayor Dunin declared the public hearing open. Vic Mont-gomery. 3026 S. Higuera St. and representing the applicant, spoke in support of the proposed recommendations. He was supportive of either map. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Roalman/Reiss. Resolution No. 8013 was adopted (5-0) approving the tentative map with findings and conditions as recommended. 4. WATER ALLOCATIONS (File No. 517) A. VILLA ROSA PROJECT Council held a public hearing to consider a request to grant a water allocation to the Villa Rosa project located at 843 Mutsuhito Avenue; Villa Rosa Co., applicant. B. WATER ALLOCATION REGULATIONS Council held a public hearing to consider amending the Water Allocation Regulations, as previously directed by Council, to prevent allocations from reserves at the end of mandatory conservation. Glen Matteson. Associate Planner, reviewed the agenda reports and recommended to 1) consider a request to grant a water allocation to the Villa Rosa project located at 843 Mutsuhito Avenue; and 2) consider amending the Water Allocation Regulations,as previously directed by the Council,to prevent allocations from reserves at the end of mandatory conservation. e_/-,�8 City Council Meeting Page 6 Tuesday, May 19, 1992 - 7:00 P.M. Mayor Dunin declared the public hearing open. Mike Multari. representing Stan and Elizabeth Bell, spoke in support to allow the Villa Rosa project 1) be eligible for the water reserve now or later and 2) allocate water to the Villa Rosa project now. Mayor Dunin declared the public hearing closed. Moved by Roalman/Raooa to deny the request to make the water available to the Villa Rosa project consistent with previous Council direction. Councilman Reiss felt this project was in the right direction to reach the City's goal to provide affordable housing in the community. Mayor Dunin agreed. Councilwoman Raooa was very supportive In expanding housing but believes the City needs to get back in balance With City's available water resources. Councilwoman Pinard stated she could not support It because she believed the City should stay within Its safe annual yield and was one of the reasons for the current situation. Motion carried (3-2, Councilmember Reiss and Mayor Dunin voting no). Moved by Rappa/Roalman to introduce Ordinance No. 1211 to print in summary form to 1) find that the change Is categorically exempt from further environmental review, and 2) amending the Water Allocation Regulations to eliminate the current water allocation reserve amounts and to simplify and update the regulations as recommended by staff. Motion carried (3-2, Councilmember Reiss and Mayor Dunin voting no). 5. = 1673 LA VINEDA - 20' SETBACK (File No. 407) Council held a public hearing to consider confirming final action on an appeal by Mac Short of an Architectural Review Commission action requiring a 20'setback from riparian vegetation for a house located at 1673 La Vineda; Mac Short, applicant; (continued from 3/3/92 and 3/17/92). Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution upholding the.appeal as Council had previously taken action and indicated include the changes to the initial study that supported Council's actions. Mayor Dunin declared the public hearing open. Phil Ashley stated that he was supportive of the mitigation measures. He would like to see the creek policy changed to an ordinance so that there would be clarity for the future. Mayor Dunin declared the public hearing closed. Moved by Reiss/Roalman. Resolution No. 8014 was adopted (5-0) to uphold the appeal Including changes to the initial study as recommended. 8:40 P.M. Mayor Dunin adjourned the meeting to closed session to discuss a personnel issue. 9:10 P.M. City Council reconvened; all Councilmembers present. e•/-.29 City Council Meeting Page 7 Tuesday, May 19, 1992 - 7.00 P.M. BUSINESS ITEMS 6. LOS NOMADAS ENVIRONMENTAL STUDY (File No. 482) Council considered the City's possible role as lead agency for preparation of an Environmental Impact Report(EIR)for a 705 acre recreational planned development known as'Los Nomadas'located at 450 Orcutt Road (continued from 5/5/92). Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that after review of the project concept plans that Council give direction to staff and the applicant regarding whether or not it wished to act as a lead agency in processing and preparing the Environmental Impact Report. Mayor Dunin asked for public comment. Keith Gurneerepresenting the principals of Los Nomadas, stated that the real question before the Council was whether or not the City wish to be the lead agency and retain control over this project. The applicant had submitted complete applications to both the City and County agencies. Mayor Dunin declared the public comment period closed. Councilman Roalman believed the property is Inappropriate for annexation. He felt that to be a lead agency would in essence be 'leap-frogging' into the Edna Valley. Councilman Reiss believed it was in the City's best interest to be the lead agency so that it would also have control over the direction of the project. Councilwoman Raooa felt that the project was similar to when the City acted as the lead agency for the Laguna subdivision. Councilwoman Pinard stated that It is currently zoned agricultural and outside the urban reserve line and, therefore, would be Inappropriate for the Council to act on it. After discussion, moved by Pinard/Roalman to deny the project from being processed through the City. Motion failed (2-3, Councilmembers Rappa, Reiss and Mayor Dunin voting no). Moved by Reiss/Dunin to support the City as a lead agency for the preparation of the Environmental Impact Report for Los Nomadas. Motion carried (3-2, Councilmembers Pinard and Roalman voting no). 7. PERFORMING ARTS CENTER FUNDING (File No. 854) Council considered the allocation of additional funding for the Performing Arts Center. John Dunn, City Administrative Officer, reviewed the staff report stating the additional contributions of $500,000 would be used towards the construction of the Performing Arts Center in order to accomplish desired design and quality objectives in the facility. These additions Included a second balcony,acoustical treatment,installation of a second elevator,and building below-grade seating and wagon storage. Dr. Mike Martin. of Cal Poly, explained the need for the various funding levels. City Council Meeting Page 8 Tuesday, May 19, 1992 - 7:00 P.M. Waren Sinsheimer. President of the Performing Arts Center, answered a variety of questions regarding the original architects over-design of $7.5 million and the importance of what the construction of the Performing Arts Center would mean to the community in terms of additional jobs and revenue. Upon question by Councilman Roalman as to whether the City could opt to take back any excess funds rather than augment additional funding if the bids came below the engineer's estimate, it was stated that the bid would probably have a variety of alternatives that could come back to the Council. After additional discussion, moved by Rappa/Reiss to approve an additional contribution up to $500,000 towards the construction of the Performing Arts Center. Motion carried (5-0). 8. MANAGEMENT COMPENSATION PLAN (File No. 622) Council considered increasing salary ranges for management positions and converting a floating holiday to a fixed holiday (continued from 4/7/92). Councilwoman Pinard felt the request was ill-timed given the current economic issues facing the City. Councilwoman Rappa spoke in support of the voluntary cap that the Management Team had placed on the ranges. After discussion, moved by Rappa/Reiss to adopt Resolution No. 8015 to increase the salary ranges and entitle management employees to convert the floating holiday as recommended. Motion carried (4-1, Councilwoman Pinard voting no). Councilwoman Pinard expressed concern about possible discrimination regarding what she believed to be the inequity of the City Clerk's salary over time. After discussion, moved by Pinard/Rappa that the position of City Clerk be looked at vis-a-vis historical pattern regarding salary range. Motion carried (4-1, Councilman Roalman voting no). COMMUNICATIONS COMM.1. Council considered agendizing a property maintenance ordinance as requested by Residents for Quality Neighborhood. Staff directed to report back. COMM.2. Council considered a request by Mayor Dunin to appoint a Blue Ribbon Task Force to examine the city's economic situation. Staff directed to report back on the concept and makeup of a 5 member committee. COMM.3. Council considered a request by Councilwoman Pinard to support SB 1141, a comprehensive bicycle bill. Mayor directed to write letter in support. COMM.4. Council considered a request by Councilman Roalman to direct staff to prepare a resolution opposing the State's proposed budget cuts eliminating the SLO County California Conservation Corps (CCC Training Center, Service District, and Construction Unit. Mayor sent letter in support. City Council Meeting Page 9 Tuesday, May 19, 1992-7:00 P.M. COMMS. Consideration of a request by City Clerk to amend Council Meeting Dates. Council supported changing the June 2, 1992 meeting to June 1, 1992 and rescheduling June 3, 1992 to June 8, 1992 COMM.& The legal opinion prepared by Daniel J. Curtin, Jr., regarding State Water was made public Information. 10:30 P.M.there being no further business to come before the City Council, Mayor Dunin adjourned the meeting the Wednesday, May 279 1992 at 8:00 A.M. for Appointed Officials Evaluation. APPROVED BY COUNCIL Pam Voges, City Clerk PV:cm d-1 DRAFT MINUTES CLOSED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, MAY 27, 1992 - 8:00-9:00 A.M. COUNCIL HEARING ROOM - CITY HALL- 990 PALM STREET Draft Minutes SAN LUIS OBISPO, CALIFORNIA to be approved ROLL CALL at Council Meeting Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa,Jerry Reiss,Bill Roalman and Mayor Dunin Absent: None City Staff Present: John Dunn, City Administrative Officer; Pam Voges, City Clerk; Ann McPike, Personnel Director Absent: Jeff Jorgensen, City Attorney Also Present: Arlene Willits, Management Consultant Council held a closed session to discuss appointed officials evaluation process. 8:45 A.M. Mayor Dunin adjourned the meeting to 4:00 P.M. in the Council Chambers. MINUTES CLOSED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, MAY 27, 1992 - 4:00-6:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa,Jerry Reiss,Bill Roalman and Mayor Dunin Absent: None Also Present: Arlene Willits, Management Consultant Council held a closed session to discuss appointed officials' evaluations. 6:00 P.M. Mayor Dunin adjourned the meeting to Monday, June 1, 1992 at 6:00 P.M. APPROVED BY COUNCIL Pam Voges, City Clerk PV:cm L•ir-33