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HomeMy WebLinkAbout09/07/1993, C-1 - MINUTES DRAFT EM #A DRAF MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 20, 1993 - 7:00 PM COUNCIL CHAMBER - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL - Council Members Present: Council Members Penny Rappa, Dave Romero, Allen K. Settle, Vice- Mayor Bill Roalman, and Mayor Peg Pinard Absent: None City Staff Present John Dunn, City Administrative Officer;Jeff Jorgensen, City Attorney; Diane Gladwell,City Clerk;Ken Hampian,Assistant City Administrative Officer, Mike McCluskey, Public Works Director; Bill Statler, Finance Director; Bob Neumann, Fire Chief; Jim Gardiner, Police Chief; Deb Hossli, Administrative Analyst; John Mandeville, Advanced Planning Manager, Jeff Hook, Associate Planner PUBLIC COMMENT PERIOD P.C.1. Wanda Straussbura, 1029 Jane Drive, spoke regarding AB26 grant funding. P.C.2 Charlie Fruit. Chair of the Economic Strategy Task Force (ESTF), updated Council on ESTF public input process,stating that their would be a press conference August 6 with town hall meetings to be held August 23 and August 24 at 7:00 P.M. P.C.3. Gary Fowler. 777 Mill Street, spoke regarding the lack of landscaping and maintenance at the Highway 1 entrance to the City. CONSENT AGENDA Moved by Settle/Romero to approve the Consent Agenda as recommended by the City Administrative Officer with the exceptions of G3, C-4, and C-5 as noted; motion carried (5-0). C-1 COUNCIL MINUTES Council considered approval of the minutes of Tuesday, June 15, 1993 at 7:00 P.M. Moved by Settle/Romero to waive oral reading and approve the minutes of June 15, 1993 at 7:00 P.M.; motion carried (5-0). C-2 PG&E EASEMENT Council considered an easement with PG&E to allow for maintenance and operation of the electric facilities serving the Stenner Canyon Water Treatment Plant. City Council Meeting Page 2 Tuesday, July 20, 1993- 7:00 P.M. Moved by Settle/Romero to authorize the Mayor to execute the easement document with Pacific Gas and Electric Company; motion carried (5-0). C-3 ADVISORY BODY NOMINATION PROCESS Council considered the Advisory Body nomination process. Moved by Settle/Romero to adopt the process as amended to read "...staff representative be invited to participate°; motion carried (5-0). C-4 COUNCIL E-MAIL Council considered remote access to the City's computer systems and pilot program for electronic mail use by Council Members. Council discussed communication with each other,the organization and reaffirmed their compliance with the Brown Act. Moved by Settle/Romero to 1) adopt policy regarding remote access to the City s computer systems; 2) approve six month pilot program for Council Member use of electronic mail; 3) appropriate $4,500 from General Fund balances to implement remote access for Council Members; and 4) change page C-4-3, 2nd bullet to read "Council will abide by the Brown Act and all Council policies and procedures.°; motion carried (5-0). C-5 CABLE FRANCHISE STATUS REPORT Council considered a status report on the cable franchise negotiations with Sonic Cable Television. Council discussed providing relief for people with limited incomes. Moved by Settle/Romero to 1) receive and file status report amending page C-5-4, discount rate to include low income participants; and 2) approve and authorize the Mayor to execute a 60-day extension to the franchise agreement with Sonic Cable Television; motion carried (5-0). C-6 WAIVER OF WATER/SEWER CONNECTION FEES Council considered a request by the Housing Authority for relief from water and sewer hook up fees for 24 low-income housing units to be constructed at 1090 Orcutt Road. Moved by Settle/Romero to adopt Resolution No. 8191 waiving water and sewer hook up fees in the amount of$53,000; motion carried (5-0). C-7 ADMINISTRATIVE STREAMLINING Council considered streamlining administrative procedures and change order improvements. Moved by Settle/Romero to continue this item to Tuesday, August 3, 1993; motion carried (5-0). City Council Meeting Page 3 Tuesday, July 20, 1993- 7:00 P.M. COUNCIL LIAISON REPORTS C-I—R.1. Vice Mayor Roalman reported that COG/JPA Task Force negotiations were proceeding for solid waste recycling issues. C.LR.2. Council Member Romero reported that the Airport Area annexation meetings would be held every two weeks. PUBLIC HEARINGS 1. HOUSING REVENUE BONDS Council held a public hearing to consider a request to authorize the Housing Authority to issue $7.9 million in tax exempt mortgage revenue bonds to allow refinancing of a 168-unit apartment project known as Parkwood Village, located at 1017 - 1045 Southwood Drive. Jeff Hook, Associate Planner, reviewed the proposal to reissue bonds. Jeff Jorgensen, City Attorney, read a proposed change to the resolution referencing the affordability provisions agreed to as part of the bond issuance, and stated that the benefits would be a lower interest rate and make the project more economically viable. Mayor Pinard declared the public hearing open. George Moylan. 2648 Johnson Avenue, expressed concerns that the altered wording would not be acceptable to the bond underwriters. Jeff Jorgensen, City Attorney, stated it was not a condition, just a recital of Council's intent for affordable housing and suggested an additional clause providing for consistency with the regulatory agreement. Mayor Pinard declared the public hearing closed. Moved by Settle/Raooa to adopt the revised version of Resolution No. 8192 authorizing the Housing Authority to issue the bonds in the aggregate principal amount of $7.9 million, adding the clause"or as otherwise consistent with the regulatory agreement"; motion carried (5-0). 2. TENTATIVE MAP - 3963 POINSETTIA Council held a public hearing to consider a tentative map for a minor subdivision (MS 62-93) creating three lots from one lot at 3963 Poinsettia Street;French Bros.Development Co.,subdivider(continued from 7/6/93). Council reviewed the memorandum from July 13, 1993 stating that Council action was no longer required for the project and did not consider the item. 3. HOUSING ELEMENT UPDATE Council held a public hearing to consider a status report on the Housing Element update, including State Department of Housing and Community Development (HCD) comments, and a comparison of goals, policies and programs in the April 1992 and June 1993 Housing Element drafts. C-�-.� City Council Meeting Page 4 Tuesday, July 20, 1993 - 7:00 P.M. Moved by Roalman/Settle to continue this item to Tuesday, August 3, 1993; motion carried (4-1, Council Member Romero voting no). 4. HRC GRANTS-IN-AID Council held a public hearing to consider the 1993-94 Human Relations Commission Grants-In-Aid funding recommendations: 1992-93 1993-94 1993-94 AGENCY Award Reauest Recom'd 1. Ad Care Association $ 2,000 $ 2,000 $2,000 2. Aids Support Network -0- 3,000 1,000 3. ALPHA 1,000 2,000 1,000 4. American Red Cross 4,200 8,000 4,200 5. Caring Callers 450 750 450 6. Camp Fire Council 1,000 1,500 1,000 7. Casa Solana 51000 10,000 5,000 S. Child Development Center 7,500 10,000 7,500 9. Easter Seals 1,500 3,500 1,500 10. EOC Family Planning 3,000 3,000 3,000 11. EOC Senior Health Screening 2,700 3,000 2,700 12. EOC Child Care Connection 1,000 3,276 1,000 13. Family Services Center 4,000 6,000 4,000 14. Food Bank Coalition 1,000 2,500 1,000 15. 4-H Youth Program 11000 4,325 1,000 16. Grass Roots II 3,000 9,730 3,000 17. Hospice 4,200 8,000 4,200 18. Hotline 3,100 5,000 3,100 19. HP Community Recovery Center -0- 5,000 1,500 20. Life Steps 1,600 4,000 1,000 21. Literacy Council 11500 5,000 1,500 22. Long Term Care Ombudsman 1,200 1,500 1,200 23. Middle House -0- 10,000 3,100 24. Mental Health Association 5,000 -0- -0- 25. National Council on Alcoholism 1,500 2,000 1,000 26. Rape Crisis 5,500 5,500 5,500 27. RSVP 600 700 600 28. Salvation Army 12,000 25,000 12,000 29. Senior Peer Counseling 1,650 4,000 1,650 30. Voices for Children -0- 750 500 31. Women's Shelter 8,000 12,000 8,000 32. Poly Pals 500 750 500 33. Reserve -0- -0- -0- TOTA $84,700 $161,700 $84,700 Deb Hossli. Administrative Analyst, reviewed the proposal for Grants-In-Aid. Randy Baudendistel' Chair of the Human Relations Commission (HRC), thanked the social service agencies f, their community support. Gam!-fry City Council Meeting Page 5 Tuesday, July 20, 1993 - 7:00 P.M. Mayor Pinard declared the public hearing open. No one spoke for or against the item. Mayor Pinard declared the public hearing closed. Council thanked the community and organizations for their contributions and stated that San Luis Obispo still made these services a priority. Moved by Settle/Romero to adopt Resolution No. 8193 authorizing staff to develop and execute agreements with each Grants-In-Aid recipient; motion carried (5-0). S. PCC GRANTS-IN-AID Council held a public hearing to consider the Promotion Coordinating Committee's recommendations for 1993-94 Grants-In-Aid: 1992-93 1993-94 1993-94 AGENCY Award Requested Recom'd 1. SLO Art Association 6,000 7,000 4,600 2. Artemis, A Theatre Co. 3,500 3,000 3,000 3. ARTematives 4,000 4,000 3,075 4. San Luis County Arts Council 2,000 1,700 1,700 S. San Luis Obispo Babe Ruth Baseball -0- 2,000 2,000 S. San Luis Obispo County Band 2,560 3,200 3,000 7. Business Improvement Association -0- 3,000 2,000 8. Cal Poly Foundation for Cal Poly Arts 3,000 3,500 3,100 9. Children's Creative Project 6,400 10,000 6,300 10. Coastal Access Musicians' Alliance 1,000 2,000 1,000 11. Civic Ballet of San Luis Obispo -0- 8,000 1,000 12. San Luis Obispo Community Concerts Assn. 2,500 3,250 2,125 13. Cuesta College Art Gallery 3,280 5,200 2,100 14. Cuesta College Public Events 2,000 3,800 2,500 15. Foundation for the Performing Arts -0- 2,000 2,000 16. Handel Oratorio Choir -0- 1,500 900 17. La Fiesta de San Luis Obispo 4,000 5,000 5,000 18. San Luis Obispo Little Theatre 6,000 13,500 5,500 19. San Luis Obispo Literacy Council -0- 4,000 1,000 20. Music and the Arts for Youth 3,040 4,250 3,565 21. Mission Plaza Cultural Coalition -0- 3,000 3,000 22. San Luis Obispo Mozart Festival 5,600 7,000 5,000 23. Mystic Krewe of Kamival 3,200 4,000 3,000 24. Pacific Repertory Opera 2,400 3,800 2,000 25. San Luis Obispo County Symphony 5,600 7,000 3,000 26. San Luis Vocal Arts Ensemble 3,200 4,000 2,300 27. San Luis Obispo County Youth Symphony 2,800 3,500 2,035 28. Central Coast Repertory Theatre 3,675 -0- -0- TOTAL $75.755 122 200 $75,800 C-��J City Council Meeting Page 6 Tuesday, July 20, 1993 - 7:00 P.M. Deb Hossli. Administrative Analyst, reviewed the proposal, which included six new applicants. JackGa Chair of the Promotional Coordinating Committee (PCC),thanked the PCC subcommittee for their recommendations and stated that the proposals would provide benefit to the City and its youth. Mayor Pinard declared the public hearing open. No one spoke for or against this item. Mayor Pinard declared the public hearing closed. Council discussed the parking banner proposal and policies relating to banners. John Dunn, City Administrative Officer, stated that the review of banner policy was underway. Council discussed utilization of the Performing Arts Center in the future and preparations to ensure its success. Moved by Romero/Raeoa to adopt Resolution No. 8194 authorizing staff to develop and execute agreement with each grant recipient; motion carred (5-0). 6. PROHIBITION OF AGGRESSIVE SOLICITING Council held a public hearing to consider the prohibition of aggressive soliciting. Jim Gardiner, Police Chief, stated that the proposed ordinance only addressed instances where fear an6 intimidation was utilized; it was modeled after a Santa Barbara ordinance. Jeff Jorgensen. City Attorney, stated that soliciting was a constitutionally protected activity, necessitating the narrowly focused ordinance. Mayor Pinard declared the public hearing open. Gary Fowler. 777 Mill Street, supported the proposal and asked for further enforcement of illegal possession of shopping carts and plastic milk cartons. Brad Goans. P.O. Box 13035, stated his concern for the homeless. Shiela Baker, P.O. Box 12249, asked for compassion for the homeless. Mayor Pinard declared the public hearing closed. After discussion, moved by Raooa/Romero to introduce to print Ordinance No. 1243 adding Chapter 9.06 to the Municipal Code prohibiting aggressive soliciting; motion carried (5-0). Mayor Pinard asked that the City Attorney begin a dialogue to address children being stopped and solicited (consensus). C—�— Iry City Council Meeting Page 7 Tuesday, July 20, 1993 -7:00 P.M. BUSINESS ITEMS 7. ORCUTT ROAD WIDENING Council considered determining setback line and access control on Orcutt Road from Broad Street to Laurel Lane (continued from 6/15/93). Moved by Settle/Roalman to continue this item to Wednesday, July 21, 1993; motion withdrawn. Moved by Settle/Roalman to continue this item to Tuesday, August 3, 1993; motion carried (4-1, Council Member Romero voting no). 8. CONVERSION IN UTILITY BILLING Council considered converting responsibility for payment of utility bills to property owners. Bill Statler. Finance Director, reviewed the revised recommendation to implement service start fee of $25.00 charged to tenants rather than the initial recommendation of converting the responsibility for payment of utility bills to property owners. He reviewed two alternatives to provide funds for the retention of the Accounting Assistant position. Council expressed concern regarding staff-initiated proposals that generated strong community opposition and the impact of state budget cuts on City fees. Anthony M. Flatos. 2187 Augusta Court, spoke in opposition to the start-up fee, stating that it would be difficult for owners to ready a unit for rental without paying the on and off start-up fees, but preferred the $12.00 fee to the $25.00 fee. Ray Ball. 770 Palm Street, stated that the $25.00 fee was more equitable than the conversion proposal. Carol Florence. P.O. Box 12924, spoke representing the San Luis Obispo Property Owners Association and stated that they were happy to sponsor more public meetings on the issue and thanked staff for the meeting held on Friday. Gary Fowler. 777 Mill Street, stated he did not support the $25.00 fee. George Moylan, 2648 Johnson Avenue,stated his concerns about expenditures when the tenants moved out. Lance Parker. 847 Columbine, spoke in opposition to the fee. Steve Nelson. 1580 Lizzie, spoke in favor of a user fee and stated his concern about impacts to janitorial services scheduled for clean-up during the summer and demands on their services when large numbers of vacancies occur. Council discussed concerns relating to service tum-on and offs, impacts of the on and off fees as it related to the overall water rate, water subsidizing, equity, public opposition, water conservation, monthly billing rather than bi-monthly billing, more efficient systems for reading utility meters with the gas company and PG&E, and downsizing the City organization. Moved by Roalman/Romero to direct staff to bring back the proposed $25 fee with clarification of short term turn-off service; motion carried (4-1, Council Member Settle voting no). C-A 7 City Council Meeting Page 8 Tuesday, July 20, 1993 - 7:00 P.M. Staff directed to explore combining utility meter reading with other services working with the other utilities (consensus). 8:42 P.M. Mayor Pinard declared a recess. 9:07 P.M. Council reconvened; all Council Members present. 9. MEDICAL MARIJUANA Council considered supporting the use of marijuana for medical purposes and advising County, State and federal elected officials of this support. Ann Slate. Personnel Director, reviewed the proposed resolution. Christine Peralta. 1334 Diablo Drive, reviewed various legislative proposals at different levels of government and spoke in favor of the proposal. In response to questioning the safety and effectiveness of the delivery mechanism (inhaling smoke), she stated that smoking provided relief in a short time frame and that it was difficult to take pills if the person was nauseated. Dia McAfee. 46 Prado Road, spoke in support of the proposal. Alan McAfee. 46 Prado Road, spoke in favor of the proposal, stating his sister-in-law had multiple sclerosis. Joe, San Luis Obispo, spoke in favor of the proposal. Dr. Eric Dover, 836 Clearview Lane, spoke in favor of the proposal. Dr.John Jorgensen.628 California Blvd.#E,requested the City postpone their decision until after the County discussed the issue, stating it was a national rather than a local issue. When questioned, he stated that there were many more effective drugs than marijuana. Carol Joe Paoek, San Luis Obispo, spoke in favor of the proposal. Dr. Steve Johnson. San Luis Obispo, spoke in opposition of the proposal, stating that marijuana was not an effective or efficient drug. After discussion, moved by Romero/Settle to adopt Resolution No. 8195 supporting marijuana for medical purposes; motion carried (5-0). 10. HRC BYLAWS Council considered an amendment to the Human Relations Commission enabling ordinance and bylaws. Deb Hossli,Administrative Analyst,stated that the State of California had made sexual orientation a protected class. Moved by Raoaa/Settle to 1) introduce to print Ordinance No. 1244 amending the HRC's enabling ordinance by adding sexual orientation status to the listing that the commission advised the City Council on; and 2) adopt Resolution No. 8196 amending the Commission's bylaws to reflect the same change; motion carried (5-0). City Council Meeting Page 9 Tuesday, July 20, 1993 -7:00 P.M. 11. PERFORMING ARTS CENTER AGREEMENT Council considered an Operating Agreement for the Performing Arts Center. John Dunn. City Administrative Officer, reviewed the agreement, highlighting that the City would be liable for half of the operating losses should they occur. Council discussed various provisions of the agreement and complimented City Attorney Jeff Jorgensen and City Administrative Officer John Dunn. Moved by Ranoa/Settle to approve Agreement No. A-51-93-CC and authorize the Mayor to execute the Operating Agreement; motion carried (5-0). COMMUNICATIONS COMMA. RECONSIDERATION OF PROCESS FOR PRELIMINARY REVIEW Council considered a request by Mayor Pinard that the City Council reconsider process for preliminary review for property owner requests to modify Draft Land Use Element discussed on 6/17/93. Council discussed various implications and clarified that the Council was scheduled to hear proposals and then determine if they contained merit to warrant further staff evaluations; delays would depend upon the degree that Council entertained changes in the scope of the original document. No consensus to reconsider the item was reached. COMM.2. Council Member Raaaa requested that the Mayor appoint a legislative review subcommittee; staff directed to return with legislative review subcommittee recommendations (general consent). COMM.3. Marguam Piros. Cal Poly Student Body President, provided Council with information regarding the proposed Cal Poly Open House. Council congratulated their proposal and gave individual comments, encouraging wide community participation in developing the Open House. City Clerk Diane Gladwell will provide a list of potential community participants. 11:55 P.M. Mayor Pinard declared a recess to closed session regarding employee negotiations. 12:45 A.M. Council reconvened to open session to report they had given their staff negotiators appropriate direction. 12:47 A.M. there being no further business to come before the City Council, Mayor Pinard adjourned the meeting Wednesday, July 21, 1993 at 7:00 P.M. in the Council Hearing Room. APPROVED BY COUNCIL: Diane R. Gladwell, City Clerk DRG:cm C-1-91 DRAFT MINUTES JOINT MEETING OF THE CITY COUNCIL &THE PLANNING COMMISSION CITY OF SAN LUIS OBISPO WEDNESDAY, JULY 21, 1993 - 7:00 PM COUNCIL CHAMBER - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL e Council Members Present: Council Members Penny Rappa, Dave Romero, Allen K. Settle, Vice- Mayor Bill Roalman, and Mayor Peg Pinard Absent: None City Staff Present John Dunn, City Administrative Officer;Jeff Jorgensen, City Attorney; Diane Gladwell, City Clerk; Arnold Jonas, Community Development Director; Cindy Clemens, Assistant City Attorney; John Mandeville, Advanced Planning Manager PUBLIC COMMENT PERIOD P.C.I. Ken Schwartz 201 Buena Vista,submitted a memo to Council requesting support for proposed amendments to the 1970 Consistency Act. STUDY SESSION 1. FACILITATING COMMUNICATION & INTERACTION Council held a joint study session with the Planning Commission to discuss facilitating communication and interaction between the two bodies. A. The desired process and extent of further review for continued processing of the update of various General Plan Elements. Arnold Jonas.Community Development Director,and John Mandeville,Advanced Planning Manager, reviewed the General Plan update process. Council and Planning Commissioners discussed various components and the timing of the process, as well as ways to achieve simplicity in the documentation. The Environmental Impact Report (EIR) for the Land Use Element (LUE) was discussed; Council clarified that it was their direction that requested extensive analysis of various alternatives to the LUE and that it was intended to be a technical document. After discussion of various alternatives including the altering of the document, recirculation, and acknowledging the impact on surrounding county areas in the document; Council directed staff to provide the Planning Commission with a copy of the consultant contract and documentation for the EIR. Council clarified that the thirteen areas that Council had previously sent back for the Planning Commission to review had been dispensed with. City Council Meeting Page 2 Wednesday, July 21, 1993 - 7:00 P.M. A discussion was held regarding Housing Element, State legislation and various organizations' responses to State mandates. Carla Sanders. San Luis Obispo, stated that the proposed AB51 was sponsored by the California Association of Realtors who were very supportive of Governor Wilson. B. Direction for review and approval of projects which conform to land use policies and zoning standards, but otherwise generate public concerns. A discussion was held pertaining to Council denying projects following Planning Commission review. Discussion topics included adequate findings, processing projects with the rules under current legislation, utilizing computer modeling for planning purposes (visual simulations), and the zoning history of various areas of the City. C. Clarification of the process for Council referral of items for Commission review and report or recommendation. Planning Commission requested Council provide clear direction by majority consensus entered in the Council record when items are referred to them. D. Definition of areas for increased Commission assistance to Council. After brief discussion, no further areas of assistance were defined. 10:00 P.M.there being no further business to come before the City Council, Mayor Pinard adjourned the meeting. APPROVED BY COUNCIL: Diane R. Gladwell, City Clerk DRG:cm DRAFT MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 3, 1993 - 7:00 P.M. COUNCIL CHAMBER - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL 9•x•93__.. Council Members Present: Council Members Penny Rappa, Allen K. Settle, Vice-Mayor Bill Roalman, and Mayor Peg Pinard Absent: Council Member Dave Romero City Staff Present John Dunn, City Administrative Officer;Jeff Jorgensen, City Attorney; Diane Gladwell, City Clerk; Mike McCluskey, Public Works Director; Arnold Jonas, Community Development Director; Bob Neumann, Fire Chief;Jim Gardiner,Police Chief;John Mandeville,Advanced Planning Manager PUBLIC COMMENT PERIOD P.C.1. Diane Gladwell, City Clerk, reported that KCPR would be unable to broadcast tonight's meeting; their transmitter is down. P.C.2. Scott Torrey reviewed plans for rallies in support of Peace without Nukes. CONSENT AGENDA Moved by Raooa/Settle to approve the Consent Agenda as recommended by the City Administrative Officer with the exception of C-5, C-7, and C-8 as noted; motion carried (4-0-1, Council Member Romero absent). C-1 COUNCIL MINUTES Council considered the minutes of: Thursday, June 17, 1993 at 9:00 A.M.; and Friday, June 18, 1993 at 1:30 P.M. Moved Rauoa/Settle to waive oral reading and approve the minutes as amended;motion carried (4-0- 1, Council Member Romero absent). C-2 CONTRACT PAY ESTIMATES Council considered contract pay estimates and change orders. Moved by Raooa/Settle to approve contract pay estimates and order paid; motion carried (4-0-1, Council Member Romero absent). City Council Meeting Page 2 Tuesday, August 3, 1993 - 7:00 P.M. C-3 PROHIBITION OF AGGRESSIVE SOLICITING (File No. 709) Council considered giving final passage to an ordinance to add Chapter 9.06 to the Municipal Code prohibiting aggressive soliciting (continued from 7/20/93). Moved by Raoaa/Settle to give final passage to Ordinance No. 1243; motion carried (4-0-1, Council Member Romero absent). C-4 HUMAN RELATIONS COMMISSION ORDINANCE (File No. 1042) Council considered giving final passage to an ordinance amending Chapter 2.56 of the San Luis Obispo Municipal Code regarding the purpose and function of the Human Relations Commission (continued from 7/20/93). Moved by Raopa/Settle to give final passage to Ordinance No. 1244; motion carried (4-0-1, Council Member Romero absent). C-5 ADMINISTRATIVE STREAMLINING (File No. 101) Council considered streamlining administrative procedures and change order improvements (continued from 7/20/93). John Dunn,City Administrative Officer, suggested the update for major City projects be continued on a quarterly basis, changing the format to give a 1-3 sentence summary of each project. Council requested that the proposal relating to agenda reports be on a trial basis. Moved by Pinard/Rapg_a to 1) approve the recommended streamlining of various reports and other miscellaneous administrative requirements as amended to include quarterly updates in a 1-3 sentence format;and 2)approve fiscal management policy for limiting staff authority for contract change orders; motion carried (4-0-1, Council Member Romero absent). C-6 SEISMIC SAFETY CORRECTIONS (File No. 93-28) Council considered plans and specifications for"Seismic Safety Corrections to the 955 Morro Building, Specification No. 93-28°, estimated to cost $107,000 with contingencies_ Moved by Raooa/Settle to approve plans and specifications, authorize solicitation of bids and award of contract by CAO to lowest responsible bid within engineer's estimate;motion carried(4-0-1,Council Member Romero absent). C-7 1993 STREET CHIP SEAL COAT PROJECT (File No. 93-29) Council considered plans and specifications for°1993 Chip Seal Coat Project,Specification No.93-29°, estimated to cost $150,491. Council expressed concern about expenditures on maintenance and changing the approach to paving streets. Moved by Pinard/Settle to approve project, authorize solicitation of bids and award of contract by City Council Meeting Page 3 Tuesday, August 3, 1993- 7:00 P.M. CAO to lowest responsible bid within engineer's estimate; motion carried (4-0-1, Council Member Romero absent). C-8 . JOHNSON PARK IRRIGATION SYSTEM REPLACEMENT (File No. 93-30) Council considered plans and specification for "Johnson Park Irrigation System Replacement, Specification No. 93-30", estimated to cost $44,500. Council expressed concerns about the expense of the project and discussed the possibility of volunteer services to install the irrigation system. Moved by Pinard/Settle to place project in the public information pipeline to seek volunteers and approve plans and specifications; motion carried (4-0-1, Council Member Romero absent). C-9 SLO BROADCASTING LEASE AGREEMENT (File No. 521) Council considered a 10-year lease agreement with SLO Broadcasting for City use of the hill top property located at 2895 South Higuera Street for a net fee of $600.00 per month adjusted annually. Moved by Rappa/Settle to approve Agreement No. A-53-93-CC and authorize the Mayor to execute the lease agreement; motion carried (4-0-1, Council Member Romero absent). C-10 PLANNING COMMISSION BYLAWS AMENDMENT (File No. 406) Council considered amending the Planning Commission bylaws regarding quorums and attendance requirements. Moved by Rappa/Settle to adopt Resolution No. 8197 amending the bylaws of the Planning Commission; motion carried (4-0-1, Council Member Romero absent). C-11 ENVIRONMENTAL CENTER SERVICES AGREEMENT (File No. 484) Council considered a 2-year contract with ECOSLO in the amount of$40,000 ($20,000 each year) for Environmental Center services. Moved by Rappa/Settle to approve Agreement No. A-54-93-CC and authorize the Mayor to execute the cotnract; motion carried (4-0-1, Council Member Romero absent). C-12 COUNCIL SUBCOMMITTEE TO REVIEW LEGISLATION (File No. 332) Council considered 1)appointing Council Members Rappa and Settle to serve on a subcommittee for purposes of monitoring and preparing responses to Federal and State Legislative activities, and 2) appropriating $1,440 from the General Fund balance to allow access to Citylink services. Moved by Rappa/Settle to 1)appoint Council Members Rappa and Settle to serve on a subcommittee regarding Federal and State Legislative activities as recommended; and 2) appropriate $1,440 from the General Fund allowing access to Citylink services;motion carried (4-0-1,Council Member Romero absent). Moved by Pinard/Roalman that any Council Member interested in Citylink log-ons be authorized; motion carried (4-0-1, Council Member Romero absent). C 1. !4/ City Council Meeting Page 4 Tuesday, August 3, 1993 - 7:00 P.M. C-13 APPOINTED OFFICIAL AND MANAGEMENT BENEFITS (File No. 622) Council considered increasing the health benefit amount for Appointed Officials and Management Personnel. Moved by Rappa/Settle to adopt Resolution No. 8198 increasing the health benefit amount for Appointed Officials and Management Personnel; motion carried (4-0-1, Council Member Romero absent). C-14 MEMORANDUM OF AGREEMENT (File No. 625) Council considered a Memorandum of Agreement between the City and the San Luis Obispo Police Staff Officers' Association (SLOPSOA) for the period 7/1/93 - 6/31/94. Moved by Rapoa/Settle to adopt Resolution No. 8199 approving the Memorandum of Agreement; motion carried 4-0-1, Council Member Romero absent). C-15 APPOINTMENT- BIA BOARD MEMBER (File No. 123) Council considered the appointment of Steve Gilreath to the Business Improvement Association Board of Directors. Moved by Rappa/Settle to approve the appointment; motion carried (4-0-1, Council Member Romero absent). C-16 TRACT 1750 - EXTENSION OF AGREEMENT (File No. 410) Council considered an amendment to the subdivision agreement for Tract No. 1750 (Units 1 & 2), extending the time to submit the surety to guarantee the subdivision improvements; Rob Rossi, subdivider. Moved by Rappa/Settle to adopt Resolution No. 8200 amending the subdivision agreement to allow for an additional 90 days to submit the surety guaranteeing the subdivision improvements; motion carried (4-0-1, Council Member Romero absent). C-17 LIGHTING RENOVATION PROJECT (File No. 93-23 Council considered plans and specifications for"Lighting Renovation Project-Various City Facilities, Specification No. 93-23,0 estimated to cost $60,000 including contingencies. Moved by Rappa/Settle to approve bid and award of contract by CAO to lowest responsible bid within engineer's estimate; motion carried (4-0-1, Council Member Romero absent). COUNCIL LIAISON REPORTS C.L.R.1. AIRPORT AREA ANNEXATION Council Member Roalman reported on discussions and processes of the Airport Area Annexation. City Council Meeting Page 5 Tuesday, August 3, 1993- 7:00 P.M. PUBLIC HEARINGS 1. HOUSING ELEMENT UPDATE (File No. 462) Council held a public hearing to consider a status report on the Housing Element update, including State Department of Housing and Community Development (HCD) comments, and a comparison of goals, policies and programs in the April 1992 and June 1993 Housing Element drafts (continued from 7/20/93). Arnold Jonas.Community Development Director,and John Mandeville,Advanced Planning Manager, briefly reviewed the Draft Element and pending legislation in Sacramento. Council discussed the response of the State Department of Housing and Community Development (HCD) and their consideration of the exemption for low and very-low income housing, and the degradation to quality of life when defined at "adequate" levels. John Mandeville, Advanced Planning Manager, stated that although the modification to page 11 was submitted to HCD on July 7,the low/very-low income exemption was discussed in the draft on page 35 and 38, and had verified that the State was aware that the City was proposing to exempt low and very-low income housing units. The basis for performance based numbers were discussed,and cases in Santa Barbara and Morro Bay. He reviewed three alternatives which included proceeding with the current draft element,providing a limited response to HCD comments,or including the State numbers, thereby modifying the growth management policies of the City. Council discussed implications of the various alternatives. Mayor Pinard declared the public hearing open. Carla Sanders.San Luis Obispo, stated that the HCD was requiring a 5%growth rate, based upon the State's population projections, which were based upon a growth rate determined by the State Department of Finance in the 1980's, which was 5%. The State Department of Finance's latest population rates showed the growth rate was currently less than 2%. She requested the Council not endorse the higher numbers,which would lead to adequate service levels rather than the existing high service levels and air quality. Mayor Pinard declared the public hearing closed. Council discussed strategies and implications. 8:45 P.M. Mayor Pinard declared a recess. 9:05 P.M. Council reconvened; Council Member Romero absent. After discussion, moved by Roalman/Raoaa to direct staff to initiate a response to the State Department of Housing and Community Development (HCD) to comment on the Housing Element primarily focused on page 3-15 (total regional housing needs of 5,128); acknowledge the regional housing numbers allocation as inaccurate and antiquated, cite the May 1993 Department of Finance numbers as the most accurate;subsequently base a projected need for the City; maintain the current housing targets in the current Housing Element (1,100 homes); attempt to justify the targets with constraints and as possible,address the other issues within parameters; motion tied (2-2-1, Council Member Settle and Mayor Pinard voting no, Council Member Romero absent). C-/- 16 City Council Meeting Page 6 Tuesday, August 3, 1993 - 7:00 P.M. Moved by Pinard/Settle to receive the projected regional need of 5,128 homes, state they are inaccurate and antiquated based upon the reason that our community need is 1,100 (1%)justified by constraints; address other issues in HCD comments; motion carried (3-1-1, Council Member Rappa voting no and Council Member Romero absent). After brief discussion pertaining the State legislation,Council directed staff and Council Subcommittee Liaisons to aggressively respond to AB51 and AB1499 (general consent). BUSINESS ITEMS 2. ORCUTT ROAD WIDENING (File No. 537) Council considered determining setback line and access control on Orcutt Road from Broad Street to Laurel Lane (continued from 6/15/93 and 7/20/93). Mike McCluskey, Public Works Director, reviewed the project and previous Council direction. Council discussed bikeway and landscaping alternatives and costs of the three options outlined in the staff report: Alternative #3 was projected to cost $600,000, Alternative #4 was projected at $526,000, and Option #3 was projected at $450,000. Norman Becko, Shell Beach, asked for an extension of Sacramento Street. Steve Barrish.225 Prado Road,also requested input from Council regarding Sacramento as it related to internal circulation in the proposed Orcutt 11 development. Jeff Jorgensen, City Attorney, stated that item was not agendized and would be considered as part of the application process for Orcutt 11. Moved by Roalman/Settle to 1)direct staff to prepare an ordinance establishing setback line for Orcutt Road based upon Alternative #4; and 2) direct staff to prepare an ordinance establishing access limited to two points on the south side of Orcutt Road between Broad Street and the Southern Pacific Railroad; motion carried (4-0-1, Council Member Romero absent). Moved by Raaaa/Roalman to direct staff in incorporate appropriate setback line on property commonly referred to as the Henderson property for landscaping and access; motion carried (4-0-1, Council Member Romero absent). 3. PROPOSED CDBG FUNDING ALLOCATIONS (File No. 427) Council considered candidate projects for Community Development Block Grant (CDBG) funding under the First Year Plan of the Comprehensive Housing Affordability Strategy (CHAS). Moved by Settle/Pinard to continue this item to Tuesday, August 17, 1993 (4-0-1, Council Member Romero absent). 4. RATIFICATION TO SLOCOG JOINT POWERS AGREEMENT (File No. 1151) Council considered the Joint Powers Agreement of the San Luis Obispo Council of Governments (SLOCOG) for the Fiscal Year 1993/94. C—/-17 City Council Meeting Page 7 Tuesday, August 3, 1993 - 7:00 P.M. Mike McCluskey, Public Works Director, stated that Grover Beach and Arroyo Grande had approved the change and briefly reviewed the report. Council discussed the requirements for SLOCOG to approve the agreement. Moved by Roalman/Pinard to adopt the recommended language from the City Attorney amending Section 3°Powers°to include"except for member agencies"and direct staff to relay to other member agencies as soon as possible; motion tied (2-2-1,Council Member Settle and Mayor Pinard voting no, Council Member Romero absent). After discussion, moved by Roalman/Pinard to inform SLOCOG that Council does not support the recommended change in°Powers°in Section 3 (include that SLOCOG cannot sue member agencies); other concerns that will be articulated regarding size and expense of organization;and continue this Rem to Tuesday, September 7, 1993; motion carried (3-1-1, Council Member Rappa voting no and Council Member Romero absent). COMMUNICATIONS COMMA. Mayor Pinard asked Council to make their points, disagree without projecting motivations (consensus). COMM.2. Vice Mayor Roalman asked to place a resolution in support of the Morros on the agenda (general consent). COMM.3. Jim Gardiner, Police Chief, reviewed planned actions regarding Diablo Canyon. 11:40 P.M.there being no further business to come before the City Council, Mayor Pinard adjourned the meeting to Tuesday, August 10, 1993 at 7:00 P.M. APPROVED BY COUNCIL: Diane R. Gladwell, City Clerk DRG:cm DRAFT MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 10, 1993- 7:00 P.M. COUNCIL CHAMBER - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Council Members Present: Council Members Penny Rappa, Dave Romero, Allen K. Settle, Vice- Mayor Bill Roalman, and Mayor Peg Pinard Absent: None City Staff Present John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Diane Gladwell, City Clerk; Arnold Jonas, Community Development Director; Glenn Matteson, Associate Planner, John Mandeville, Advanced Planning Manager PUBLIC COMMENT PERIOD There were no public comments. COUNCIL LIAISON REPORTS There were no Council Liaison Reports PUBLIC HEARINGS 1. LAND USE ELEMENT UPDATE (File No. 462) Glenn Matteson, Associate Planner, briefly reviewed the process and proposals. A. Receive testimony concerning aRemadves to proposals contained in the Draft Land Use Element (LME). Council discussed broad categories of the proposals including those that changed the Urban Reserve Line,those that changed the land use designation and those that did not propose a significant change from their current status. Delays in the schedules resulting from the process were discussed; staff estimated a delay of approximately eight weeks,dependant upon the number and complexity of proposals referred to staff. Mayor Pinard declared the public hearing open. Bob Kitamura. 3030 Johnson Avenue, Director of Facilities Planning for Cal Poly, requested that two properties west of Highway 1 be included in the Urban Reserve Line (one approximately 26 acres,the other approximately 3.3 acres). City Council Meeting Page 2 Tuesday, August 10, 1993 -7:00 P.M. Rob Rossi. 850 Buchon Street, spoke representing Dr. and Mrs. Maino requesting their property near Highway 101/Marsh/Higuera interchange be rezoned. Ann Tarteaalia. 833 Cerro, Atascadero, requested that the Nelson's property located at 651 Foothill Blvd. be changed from interim open space to multi-family residential designation. Andrew Merriam, 1350 Marsh, requested flexibility in locating the line delineating the edge between open space and commercial area on the Dalidio property. Ida Gardner, 7114 Orcutt Road, requested that the Santa Fe Ranch be zoned industrial. Steve McArthur.209 Del Mar,San Clemente, spoke representing Costco Wholesale. He reviewed the format of the Costco stores and expressed their interest in locating in San Luis Obispo and requested that the McBride property be considered in the Land Use Element. Victor Montgomery, 772 Mill Street, spoke for the Ferrini Rosemont project and requested that the portion of the project that was previously designated within the Urban Reserve Line remain there. Dr. Wesley Hiltbrand, 698 Patricia Drive, requested that the property located at 1338 through 1340 Santa Rosa be rezoned to match the office use of the property. James Jones. 717 Marsh Street, requested that the property located at 914 Olive Street be rezoned to R-3 or R-4. Doug Murdock, 1150 Tiffany Ranch Road,Arroyo Grande,reviewed the proposal for the Los Nomados project in the Edna Valley and requested that the 700 acres included in the Urban Reserve Line. Keith Gurnee. 108 Broad Street, representing the East Airport Property Owners, requested that 184 acres be included in the Urban Reserve Line. Ned Rogowav, 1012 Pacific, requested that the northwest corner on Tank Farm and Broad be designated commercial service from multi-family residential. Alex Madonna, 100 Madonna Road, requested that the property south of Los Osos Valley Road commonly known as the Froom Ranch be included in the Urban Reserve Line and requested the property be rezoned to provide for various commercial uses. He proposed developing the property in three phases: Phase I would be the western portion of the property; Phase III would be the eastern portion. John Wallace. 4115 Broad, requested that the 118 acres referred to as the COG property be studied for future annexation (this property is located south of Los Osos Valley Road just west of the City). Dennis Schmidt, 8675 Santa Rosa Road, Atascadero, requested their property be included in the Urban Reserve Line near Alrita Court, commonly referred to as the Gold Tree area. Ella Hunnicutt, 560 Oak Hill Road, Arroyo Grande, spoke in support of Coastal San Luis Resource Conservation District and the California Department of Conservation, and spoke against the °helter- skeltee invasion of agricultural land, submitting two letters into the record. C_i- a 0 City Council Meeting Page 3 Tuesday, August 10, 1993 - 7:00 P.M. Don Smith, San Luis Obispo, supported expediting the General Plan and requested that Council approve only what they already had. Pat Veesart. 1520 Hansen Lane, spoke against the commercial expansion in the Central Coast Plaza and Froom Ranch areas, stating that it would result in a "traffic nightmare°. Mayor Pinard declared the public hearing closed. 8:47 P.M. Mayor Pinard declared a recess. 9:10 P.M. Council reconvened; all Council Members present. Council discussed their goal of completing the LUE and General Plan elements, delay of developers to process proposals, delays for the City to adopt the LUE and the processes involved with both. Glen Matteson.Associate Planner,reviewed proposals individually and estimated staff time and effort to evaluate them. B. Determine which alternative proposals, if any, merit further consideration as pant of the LUE update process. Rosemont (Ferrim) Moved by Romero/Rapp that the Rosemont project be further evaluated as part of the LUE (the placement of the Urban Reserve Line); motion withdrawn. After discussion, moved by Romero/Raoaa to rescind Council's previous action to move the Urban Reserve Line (URL) to where it was before the project application was received; motion carried (4-1, Council Member Roalman voting no). 651 Foothill (Nelson) Council Member Roalman stepped down due to a possible conflict of interest. After discussion, moved by Settle/Romero.to consider both multi-family residential and interim open space designations; motion carried (4-0-1, Council Member Roalman not participating). Council Member Roalman returned to the dias. Highway 1 West (Cal Poly) No action needed. 1338 Santa Rosa (HUdebrand) Moved by Settle/Romero to consider O and R-2 designations; motion carried (4-1, Council Member Roalman voting no). Atrtta/Goldtree (Madonna) After discussion, moved by Romero/Rappa to direct staff to look at this property as part of LUE update; motion rejected (2-3, Council Members Settle and Roalman and Mayor Pinard voting no). Los Nomadas Moved by Roalman/Pinard to not include in any modification at this time;motion carried (3-2,Council Members Rappa and Romero voting.no). City Council Meeting Page 4 Tuesday, August 10, 1993- 7:00 P.M. East Airport Area Moved by Roalman/Pinard to not include; motion carried (3-2, Council Members Rappa and Romero voting no). Tank Farm/Broad (Rogoway) After discussion, moved by Roalman/Settle to consider rezoning to Service-Commercial; motion carried (5-0). Esperanza After clarification of requested action,moved by Roalman/Pinard to correct map(URI-to match Airport Area concept plan); motion carried (5-0). Buckley-Vachel (Avila) Moved by Roalman/Settle not to extend the URL;motion carried (4-1,Council Member Romero voting no). Margarita Area No action needed. McBride (Costco) After discussion of the request as it related to the proposal for the Dalidio property, moved by Settle/Rappa to consider rezoning parcel; motion carried (3-2, Council Member Roalman and Mayor Pinard voting no). Froom Ranch (Madonna) After discussion, Moved by Settle/Rappa to look at Urban Reserve Line only; motion carried (3-2, Council Member Roalman and Mayor Pinard voting no). Moved by Romero/Settle to direct staff and Planning Commission to evaluate possible commercial uses for this property; motion carried (3-2, Council Member Roalman and Mayor Pinard voting no). DaGdio (Bird/Merriam) Flexibility as requested (consensus). Los Osos Valley Northwest ('COG') Moved by Roalman/Rappa to not consider at this time; motion carried (4-1, Council Member Romero voting no). Lagurm Lake Northwest (Val Vista) Moved by Roalman/Rappa to not consider at this time; motion carried (4-1, Council Member Romero voting no). ML San Luis/Mamh SL (Maino/RossQ Moved by Roalman/Settle to not consider at this time; motion carried (3-2, Council Members Romero and Rappa voting no). 914 Olive (Jones) Moved by Romero/Settle to consider both options; motion carried (5-0). City Council Meeting Page 5 Tuesday, August 10, 1993 - 7:00 P.M. C. Direct staff to further environmental and general plan consistency review and to consider the selected proposals as alternatives to the current Draft LUE during the remainder of the update process. Council confirmed their implicit direction for each of the above listed proposals; their motions included these directions (consensus). Council discussed scheduling and staff's ability to deliver the analysis within eight weeks, and resulting processes. 2. By motion, establish a policy that, until the LUE update is adopted,the City will process only those amendment proposals from the Draft LUE, or those applications to amend the current LUE, which are consistent with the Draft LUE or the proposals selected at this hearing. Moved by Raopa/Roalman to not accept applications which are inconsistent with the existing or (amended) draft LUE during the processing time; motion carried (3-2, Council Member Roalman and Mayor Pinard voting no). 11:17 P.M.there being no further business to come before the City Council, Mayor Pinard adjourned the meeting. APPROVED BY COUNCIL: Diane R. Gladwell, City Clerk DRG:cm DRAFT MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 17, 1993 - 7:00 P.M. COUNCIL CHAMBER - CITY HALL- 990 PALM STREET O' SAN LUIS OBISPO, CALIFORNIA ''n �e ��r :•::.:° ROLL CALL Council Members Present: Council Members Dave Romero, Allen K. Settle, Vice-Mayor Bill Roalman, and Mayor Peg Pinard Absent: Council Member Penny Rappa City Staff Present John Dunn, City Administrative Officer;Jeff Jorgensen, City Attorney; Diane Gladwell,City Clerk;Ken Hampian,Assistant City Administrative Officer; Mike McCluskey, Public Works Director; Arnold Jonas, Community Development Director; Arnold Jonas, Community Development Director; Ann Slate, Personnel Director; Jim Gardiner, Police Chief; John Moss, Utilities Director; Ron Whisenand, Development Review Manager; John Mandeville, Advanced Planning Manager PUBLIC COMMENT PERIOD P.C.1. Victor Oroneza. San Luis Obispo, sang "La Fiesta San Luis Obispo". P.C.2. Brian Reynolds, 837 Vista Del Arroyo, the new director of the City/County Library, was introduced to Council. CONSENT AGENDA Moved by Romero/Pinard to approve the Consent Agenda as recommended by the City Administrative Officer with the exceptions of C-5, C-6, and C-7 as noted; motion carried (40-1, Council Member Rappa absent). C-1 COUNCIL MINUTES Council considered the minutes of Tuesday, July 6, 1993 at 7:00 P.M. Moved by Romero/Pinard to waive oral reading and approve; motion carried (40-1, Council Member Rappa absent). C-2 SURPLUS PROPERTY (File No. 165) Council considered declaring three diesel bus engines and four automatic bus transmissions as surplus property and determining sale at public auction as method of disposal. Moved by Romero/Pinard to adopt Resolution No. 8201 declaring equipment as surplus property; motion carried (4-0-1, Council Member Rappa absent). C_ /�� City Council Meeting Page 2 Tuesday, August 17, 1993 - 7:00 P.M. C-3 PARKING CITATION PENALTIES (File No. 554) Council considered establishing parking citation fees, penalties, surcharges, and processing as part of the City's parking penalty schedule in order to achieve compliance with State law (AB 408). Moved by Romero/Pinard to adopt Resolution No. 8202 establishing parking citation fees, penalties, surcharges and processing; motion carried (4-0-1, Council Member Rappa absent). C-4 SEWER MAIN IMPROVEMENT PROGRAM (File No. 93-26) Council considered plans and specifications for "Sewer Main Improvement Project: Freeway 101 Easements,Toro and Broad Streets;Specification No. 93-26; engineer's estimated $84,000 including contingencies. Moved by Romero/Pinard to approve bid and authorize CAO to award contract to lowest responsible bid within engineer's estimate; motion carried (4-0-1, Council Member Rappa absent). C-5 CITY-OWNED BUILDING STRUCTURAL ANALYSIS (File No. 707) Council considered an amendment to Agreement No. A-132-91-CC with Howard R. Stupp and Associates to include structural analysis of the City's unreinforced masonry (URM) buildings at an additional cost of $17,500. Council discussed sharing construction costs of the Carnegie Building with the County on a 50/50 basis, and requirements for upgrading adobe buildings. John Dunn. City Administrative Officer, stated he had engaged in extensive negotiations with the County on the 50/50 cost sharing concept and received a negative response from staff. Moved by Roalman/Settle to continue with direction to staff to send letter requesting Board of Supervisors participation regarding the old Carnegie Library; motion carried (4-0-1, Council Member Rappa absent). C-6 PRESERVATION OF THE MORROS Council considered a joint resolution by the County of San Luis Obispo, and the cities of Mono Bay and San Luis Obispo promoting the protection and preservation of the Morros and declaring that the Morros should be nominated as the first San Luis Obispo County regional landmark. Diane Gladwell. City Clerk,stated that a request was received from the City Administrative Officer and the County to remove this Rem for consideration so that all three agencies could adopt the resolution simultaneously at a later date. Moved by Settle/Roalman to remove from consideration; motion carried (4-0-1, Council Member Rappa absent). C-7 AFFIRMATIVE ACTION PLAN (File No. 626) Council considered updating the City's Affirmative Action Plan to incorporate the Americans with Disabilities Act of 1990 and to add sexual orientation as a protected class. c-1-�s City Council Meeting Page 3 Tuesday, August 17, 1993 - 7:00 P.M. Ann Slate, Personnel Director, stated that the State Labor Code prohibited discrimination of employment based on sexual orientation and the update that was presented included changes to bring municipal law in compliance with the State Labor Code and the Americans With Disabilities Act. Dave Redel.6160 Parkhill Road,Santa Margarita,stated that he objected to the terminology°protected class" and asked that the City acknowledge and conform with the State law without making the statements, that he felt would eventually move toward quotas. Jeff Gater. 1154 Islay Street, expressed concurrence with the previous speaker. Moved by Roalman/Settle to adopt Resolution No. 8203 updating the City's Affirmative Action Plan; motion carried (4-0-1, Council Member Rappa absent). C-8 COPIER PURCHASE (File No. 167) Council considered the purchase of a copier for the City Clerk and CAO Offices. Moved by Romero/Pinard to approve purchase of a copier in conformance with City policies and appropriate $2,700 from the equipment replacement fund; motion carried (4-0-1, Council Member Rappa absent). C-9 COUNCIL LIAISON SUBCOMMITTEE APPOINTMENTS (File No. 123) Council considered Council Liaison Subcommittee appointments to the Board of Appeals,Jack House Committee, and the Tree Committee. Moved by Romero/Pinard to appoint Council Members Romero and Rappa as Subcommittee to the Board of Appeals, Council Members Settle and Rappa as Subcommittee to the Jack House Committee, and Council Member Settle and Mayor Pinard as Subcommittee to the Tree Committee; motion carried (4-0-1, Council Member Rappa absent). C-10 CAL POLY TRANSIT AGREEMENT (File No. 541) Council considered a transit agreement between California Polytechnic State University and the City of San Luis Obispo with a fare box amount of approximately $246,250 for FY 1993-94. Moved by Romero/Pinard to approve Agreement No.A-60-93-CC and authorize the Mayor to execute agreement; motion carried (4-0-1, Council Member Rappa absent). C-11 HOMELESS SHELTER AGREEMENT (File No. 1046) Council considered an agreement with the Economic Opportunity Commission in the amount of $240,000 ($120,000 each year) for homeless services during 1993-95. Moved by Romero/Pinard to approve Agreement No.A-61-93-CC and authorize the Mayor to execute the agreement; motion carried (4-0-1, Council Member Rappa absent). COUNCIL LIAISON REPORTS There were no Council Liaison Reports. City Council Meeting Page 4 Tuesday, August 17, 1993 - 7:00 P.M. PUBLIC HEARINGS 1. TENTATIVE MAP - 953 ORCUTT (ORCUTT II) (File No. 463) Council held a public hearing to consider a planned development rezoning and tentative map to create an office/industrial park on an 11.75 acre parcel of property located on the south side of Orcutt Road, west of the SPRR tracks(953 Orcutt) (PD 220-93&TR 220-92); Parkside Research Center Association, applicant. Arnold Jonas.Community Development Director,reviewed the project including the recommendation to demolish an existing structure on the property. The Cultural Heritage Committee had determined It to be a significant structure; however, the structure encroached into the right-of-way and had structural problems. Council discussed landscaping,the channel in the middle of the project,the involvement of Fish and Game, and requested Fish and Game's correspondence be included in the future staff reports. Council discussed the 20-foot setbacks on the creeks and the fact that the map did not reflect the removal of parking spaces to accommodate the setback. Ron Whisenand' Development Review Manager, stated that the final development plan would show the correct 20-f6ot setbacks. Mayor Pinard declared the public hearing open. Norman Becko, 329 Indio Dr., Pismo Beach, discussed five issues submitted in a document which requested: 1) Sacramento Drive be extended for emergency access only; 2)the project be assessed no fees for the two signals and construction of the overpass; 3) the project be allowed to erect buildings 8 and 9, Lot 6 with a zero lot line clearance; 4) the City landscape the 2.03 acre site that would eventually become the overpass; 5) he not be required to remove eucalyptus trees not on his property. He also requested the project be processed utilizing fees in place in July 1988 and that a special assessment district be established. Dr. Allen Hale, Dean of the College of Business, Cal Poly, reviewed the economic benefits of the project Phil Ashley. San Luis Obispo, supported a 20-foot setback for creeks, rather than the wording "more or less" as contained in the proposed document. Mayor Pinard declared the public hearing closed. Arnold Jonas. Community Development Director, stated that the Community Development, Fire, Police, and Public Works Departments had all recommended the extension of Sacramento Drive. Council Member Romero said he had participated in the negotiation for the purchase of property in 1987 and did not recall an agreement for a waiver of future fees. Council reached consensus that request #3 was satisfied by the staff report, request #4 would be facilitated by a future CIP project of the City, and request #5 was not necessary, as the applicant would only be able to control trees on his property. City Council Meeting Page 5 Tuesday, August 17, 1993- 7:00 P.M. Council discussed various aspects of extending Sacramento Drive, including the requirement in the Broad Street annexation Environmental Impact Report (EIR) that the street be extended, negative environmental impacts to the creek, and possible condemnation proceedings. Council took a preliminary poll of their support for the extension of Sacramento Drive which indicated a tie vote (Council Member Roalman and Mayor Pinard voting no, and Council Members Romero and Settle voting yes). After discussion, moved by Roalman/Settle to continue this item to Tuesday,August 31, 1993 at 5:00 P.M.; motion carried (44)-1, Council Member Rappa absent). 9:02 P.M. Mayor Pinard declared a recess. 9:20 P.M. Council reconvened; Council Member Rappa absent. BUSINESS ITEMS 2. PROPOSED CDBG FUNDING ALLOCATIONS (File No. 427) Council held a public hearing to consider candidate projects for Community Development Block Grant (CDBG) funding under the First Year Plan of the Comprehensive Housing Affordability Strategy (CHAS) (continued from 8/3/93). Arnold Jonas.Community Development Director,and John Mandeville,Advanced Planning Manager, reviewed the process and the programs proposed, stating that this was the first year proposal of a five-year plan. Council discussed the proposal to a hire an Economic Development Coordinator, the best method to determine projects for handicapped and elderly access, and administrative expenses. John Dunn, City Administrative Officer, stated that the 20% recommendation for administrative expense was in conformance with federal government guidelines, staff time and effort, and the cost allocation plan adopted by the City. Ken Hampian Assistant City Administrative Officer, suggested revised wording for priority 4 (Economic Development) that excluded Economic Development Coordinator staffing. Moved by Roalman/Settle to reduce the administrative cost to $80,000 (10%), add that money to priority 1, modify priority 4 to more generic wording, and modify priority 3; motion withdrawn. Dick Cleeves. President of the Business Improvement Association, expressed concerns that if full funding was not received, priority 4 (Economic Development) would be cut first. John Dunn. City Administrative Officer, stated that they believed the program would be fully funded and that if it was not, the issue would come back to Council. George Movlan, Director of the Housing Authority, urged the Council to use the grant as seed money to benefit low and moderate income persons. City Council Meeting Page 6 Tuesday, August 17, 1993 - 7:00 P.M. Pat Veesart, San Luis Obispo, objected to the$120,000 allocated for economic development, stating that the Economic Strategy Task Force recommendations were in draft form and there had been no public or Council discussion of those recommendations. Don Hubbard. 153 N.Broad,representing the San Luis Obispo Board of Realtors,expressed concerns about excluding staffing provisions for economic development,and urged the retention of the funding. Council discussed the provision for childcare and youth activities. Moved by Roalman/Settle to adopt priority 4 revised as submitted by staff; motion carried (4-0-1, Council Member Rappa absent). Moved by Roalman/Settle to adopt priority 3 revised to show the program undefined until a handicapped/elderly committee provided direction (drop the italicized sentence within the priority), utilizing the phrase"could include programs such as...", and eliminating the City Hall door proposal; motion carried (4-0-1, Council Member Rappa absent). Moved by Roalman/Settle to adopt priority 2; motion carried (4-0-1, Council Member Rappa absent). Moved by Roalman/Settle to adopt priority 1; motion carried (4-0-1, Council Member Rappa absent). Moved by Settle/Roalman to reduce administrative overhead to 10%; motion carried (4-0-1, Council Member Rappa absent). Moved by Pinard/Settle that $80,000 be used to fund a program in childcare and youth programs; motion carried (4-0-1, Council Member Rappa absent). 3. WATER TRANSFER FEASIBILITY (File No. 1104) Council considered a report evaluating the feasibility for water transfers from Salinas Reservoir to Whale Rock Reservoir. John Moss.Acting Utilities Director,reviewed the report and recommended not to proceed with future studies. Council discussed the Naciemento and Salinas Water Projects,proceeding with engineering estimates, and the political and biological constraints. Moved by Roalman/Settle to receive and file the report, and direct staff not to proceed with further studies relative to transferring water from Salinas Reservoir to Whale Rock Reservoir; motion carried (3-1-1, Council Member Romero voting no and Council Member Rappa absent). Moved by Pinard to amend the motion to send letters regarding a potential transfer of water to other agencies; motion died for lack of a second. 4. FEDERAL TRANSPORTATION FUNDING (File No. 1141) Council considered supporting transportation projects for purposes of applying for Federal Surface Transportation (STP) funding. C-/- Z9 City Council Meeting Page 7 Tuesday, August 17, 1993- 7:00 P.M. Mike McCluskey. Public Works Director, briefly reviewed the report. Council asked that community input be obtained prior to future funding proposals. Moved by Romero/Settle to adopt Resolution No. 8204 authorizing the application for Federal STP funding to support: 1)Downtown Multi-Modal Transfer Center;2) Route 1 —Foothill Blvd. Intersection Improvements; and 3) Freeway Interchange Planning Study; motion carried (4-0-1, Council Member Rappa absent). 5. APPOINTMENTS TO THE JOINT USE OF SCHOOL DISTRICT PROPERTY COMMITTEE (File No. 123) Council considered appointments to the Joint Recreational Use of School District Property Committee. Council Member Romero reviewed the appointment recommendations. Moved by Romero/Roalman reappoint Patricia Martin to a term to expire March 31, 1996,and appoint John Bria to a term to expire on March 31, 1997; motion carried (4-0-1, Council Member Rappa absent). COMMUNICATIONS COMM.1. Mayor Pinard asked staff to analyze the process to move structures especially Building Department and City requirements (consensus). 1:20 A.M. Council remained in open session; Jeff Jorgensen, City Attorney confirmed Council concurrence with direction in the matter of San Luis Medical Clinic vs. Home Federal Trust, et al., (general consent). 1:22 A.M. there being no further business to come before the City Council, Mayor Pinard adjourned the meeting to Tuesday, August 24, 1993 at 1:30 P.M. APPROVED BY COUNCIL: Diane R. Gladwell, City Clerk DRG:cm C-1- .3a