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07/13/1982M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL TUESDAY, JULY 13, 1982 — 6:40 P.M. COUNCIL HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION 1 ROLL CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin and Mayor Melanie C. Billig Absent: Allen Settle City Staff Present: Paul Lanspery, Administrative Officer; George Thacher, City Attorney; Pamela Voges, City Clerk; Toby Ross, Community Development Director; Geoff Grote, Assistant Administrative Officer; Ann McKibbin, Personnel Director; Dave Elliot, Administrative Aide /Public Services At 6:40 p.m. Mayor Billig called the meeting to order. Council convened to closed session to discuss litigation and personnel matters. 7:30 p.m. City Council reconvened,- Councilman Settle absent. 1. FREMONT COALITION PRESENTATION Penny Rappa, representing the Fremont Coalition, briefly reviewed the proposal submitted by the Fremont Foundation and presented the results of its study on-the potential of the Fremont Theatre as a performing arts center. The purpose of the survey was to analyze the needs of the community, specifically the various performing arts groups (see File No. 850). She explained that the Foundation had worked in conjunction with the Citizens' Advisory Committee, of which some members were here this evening and could respond to any questions. She felt there was an urgent need for a centrally located performing arts center and that if the Fremont proposal was not accepted there would probably not be an opportunity for any type of center in the future. Lach Foss, a member of the Foundation, reviewed the acoustics for the building, primarily the.reverberation time, loudness and clarity. Alex Shear, also with the Foundation, reviewed the lighting test methods, lighting plans, key locations; level plans, ticket area, etc. Mark Lowerson, with the Foundation, reviewed general conclusions on acoustics and lighting. Ken Haggard, with the Foundation,,spoke • on the architectural volume of the space, seats; what facilities were available, the addition of facilities with the cost_implications, They would propose that the remodeling would be.done in phases and he submitted graphs showing the three different phases with the number of seats and costs. Phase 1 with a price tag of $15,000 which would involve a minimum level of remodeling; Phase 2 at a cost-of $250,000; and Phase .3 at a cost of $2,000,000. This would allow for 1,300 seats which.is three times that of Cal Poly's theatre and twice that of the Cuesta Auditorium: Nancy Wilcox, member of the Foundation; reviewed the survey taken when they interviewed various performing arts groups. The questionnaire entailed what facilities they were presently.using, their costs, ticket charges, etc. City Council Minutes Tuesday, July 13, 1982 - 6:40 p.m. Page 2 Hank Apfelberg, representing the Citizens' Advisory Committee, briefly reviewed how the survey was conducted explaining that interviews were conducted on a one -to=one basis with performing arts.group representa- tives. He then reviewed the CAC's recommended management and administra- tion policy proposal for the Fremont Theatre suggesting numbers for Board of Directors and who those members would be. Mike Nelson, Chairman of the CAC,-stated that when they first started on this proposal they had found workings of seven previous proposals. They observed and reviewed five of them. Tony Lido, with the Foundation, explained the need for paid professionals and, although the volunteers are an instrumental part, professionals would be required to carry this out. He then reviewed the structure proposed for the Board of Directors, etc. He explained that their thought was that the City would need to either purchase or lease the property and then lease it back to the performing arts groups. Don Cutter summarized the program. He felt there were several needs that should be addressed: 1) He wished to protect the elimination of the theatre as presently proposed by Mann Theatres; 2) the building would lose significance the moment it should be divided; 3) Fremont Theatre was a significant building, not only architecturally, but that it could act as a performing arts center. If the Council did not act on this proposal now they would lose their chances forever of having an arts center because of the tremendous expense. He requested that Council consider the CAC recommendations, outline specific tasks that they would like the CAC members to address and suggest any additional matters to the Foundation they would like reviewed. He would request the Council support a full scale feasibility report and set a public hearing for discussion of this building as a performing arts center. Mayor Billig commended the Foundation for their efforts, especially as all of this has been on a volunteer basis. She explained the City wished to retain being the cultural center of the County and would suggest that the Council direct staff to go over the report from the Foundation and CAC, looking at property acquisition, status, financial aspects of the proposal with regard to the different alternatives submitted and come back with report and recommendations for public hearing. Councilman Griffin stated that he had a favorable impression.of the reports. He was proud of the groups and their efforts and the Founda- tion and the CAC working together. He wished to be sure that when staff reviewed the reports they had a copy of the CAC report and those comments expressed by Don Cutter.. Councilman Dunin emphasized that this was a community involvement and not just a City responsibility. He, too, commended the CAC and the Foundation on this report and for being so comprehensive and informa- tive. There were still many unanswered questions he would like to see addressed, i.e. cost of purchasing the building or leasing, the degree of community support to use taxpayers money:for purchase of the building, is the venture going to be self- supporting, how will it be subsidized. He suggested the Mayor and the CAO, or their designated representatives, undertake evaluation of the study and address those concerns looking at property management, where the dollars would be coming from for financing and the money for.restoration. He also questioned if simultaneous uses would be feasible and stated he felt it would be impractical not to do so, and what the time factor would be. He also clarified that represen- tatives from the Foundation in their quote of from $7 to $25 million for a performing arts center was really not accurate as those figures had been used in conjunction with the building of a civic/convention-center, not just a performing arts center. Don Cutter explained that they were exploring multi -uses. 1 City Council Minutes Tuesday, July 13, 1982 - 6:40 p.m. Page 3 Councilwoman Devey stated that she was very positive towards the idea. She agreed that the City could not do the project alone but needed citizen input and volunteers and agreed with other comments made by the other councilmembers. After brief discussion, and upon general consensus, Council directed the CAO to begin looking at the property aspects of the theatre, particularly the lease, the financial aspects (restoration) and establish to a time 1 schedule. (4 -0) Paul Lanspery, Administrative Officer, explained that the.community center was tied to a development proposal that was expected to-be coming to Council in August. Right now the total package was $16 million. This was only one portion of it. 9:00 p.m. Mayor Billig declared a recess. '9:25 p.m. the City Council reconvened, Councilman Settle absent. 2. AMENDMENTS TO TERRACE HILL PLANNED DEVELOPMENT PROJECT Council held a public hearing to consider a plan to construct 67 attached and detached residential condominium units in two cluster areas and 9 lots for houses on approximately 40 acres, generally bounded by Ella, Rachel, Fletcher, Bishop Streets and Sierra Way; R -1 -PD zone; Cuesta Valley Properties, applicant. Toby Ross, Community Development Director, briefly reviewed the proposal. He explained that it was a very involved project. He was recommending approval of the tentative tract map 1064, amendment of the planned development, tracts and street abandonments comprising.and related to, the Terrace Hill Development Plan subject to the findings and conditions attached in the draft resolutions, ordinance and street abandonment requirements. Mayor Billig declared the public hearing open. Jesse Treanor, 2290 Augusta Street, questioned if the Council had visited the site recently and had they noticed the traffic.on the hill and the assorted RV vehicles presently there. He felt there was no protection for the neighborhood. He had called the Police Department with no results. He felt the entire project should be cancelled. The plans that were originally submitted had only allowed for 7 homes, it had now grown to 9. No subdivision should be allowed without absolute protection. - . Mike Yeoman, representing Cuesta Properties', stated the changes were more a technical matter than a planning one. They were not changing physical characteristics of the plan since it-was originally presented. The technical change would allow process of the development of the project into phases due to recent "Reagonomics" otherwise the interest rate would be too absurd to expect to be absorbed by prospective buyers. Upon question by Councilman Dunin, he did review the history of the project to date and what they were requesting at this time. Councilman Dunin suggested that Mr. Yeoman and the Administrative Officer get together to determine how best to'protect- the..property as it was a shared responsibility between the City and the developer. Mayor Billig suggested protection similar to that done in the Buena Vista area. Councilman Griffin agreed that they should be working together on the protection problem. Jesse Treanor again felt that the City was bending over backwards to protect the developer. This should be the sole responsibility of the developer not the City. Mayor Billig declared the public hearing closed. City Council Minutes Tuesday, July 13, 1982 - 6:40 p.m. Page 4 On motion of Councilman Griffin, seconded by Councilman Dunin, the . following ordinance was introduced: Ordinance No. 931 (1982 Series), an ordinance of the Council of the City of San Luis Obispo to rezone property known as Terrace Hill from R -1 specific plan, R -1 special considerations, and R -2 to R -1 planned development. Introduced and passed to print on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle On motion of Councilman Griffin, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4892 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving the tentative map for Tract 926 (Buena Vista Estates), a 27 -unit residential planned development condominium located at 2030 -2031 Binns Court (lot 11 of Tract 758). Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle On motion of Councilman Griffin, seconded by Councilwoman Dovey,-the following resolution was introduced: Resolution No. 4893 (1982 Series), a resolution of the Council of the City of:San Luis-Obispo approving the tentative map for Tract 1034 (Leland Terrace) creating a 40 -unit residen- tial planned development condominium (Lots 1 and 2 of Tract 758). I Passed and adopted on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle On motion of Councilman Dunin, seconded by Councilman Griffin, the following resolution was introduced: Resolution No. 4894 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving the tentative map for Tract 1064 creating a 9 -lot residential.subdivision.in the Terrace Hill project. . Passed and adopted on the following roll call vote: AYES: Councilmembers Dunin, Griffin, Dovey and Mayor Billig NOES: None ABSENT: Councilman Settle 3. STREET ABANDONMENT Toby Ross, Community Development Director, briefly reviewed the proposed resolution of intention which would abandon a portion of Fletcher Avenue between Leona Avenue and Florence Avenue. , Mayor Billig declared the public hearing open. Ernie Miller, owner at the lot at Florence and Haskins, spoke in support of the abandonment. He stated he has waited over two years for any action to take place. He felt it was causing a hardship because they're unable to develop the property and would urge Council's approval. City Council Minutes Tuesday, July 13, 1982 - 6:40 p.m. Page 5 Mayor Billig declared the public hearing closed. On motion of Councilman Dunin, seconded by.Councilwoman Dovey, the following resolution was introduced: Resolution No. 4895 (1982 Series), a resolution of the Council of the City of San Luis Obispo abandoning a portion of Fletcher Avenue between Leona Avenue and Florence Avenue and setting a public hearing for August 3,1982. Passed-and adopted on the following roll call vote: AYES: Councilmember Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT: Councilman Settle 4. SUBDIVISION ORDINANCE Council considered an ordinance amending the subdivision regulations for the City of San Luis Obispo (continued from July 6, 1982). Toby Ross, Community Development Director, reviewed the subdivision ordinance and its major changes (File No. 411) and reviewed Page C 912 of the subdivision regulation relating to various subdivisions and the type of hearing and actions to be required by the Planning Commission, the City Council and Community Development Department. After brief discu'ssion,. and upon general consensus, the proposed proce- dures were approved with amendment to tentative tract map approval to be approved by the City.Council instead of at the Planning Commission level. However, the final tract map would be final at the Planning Commission level. (4 -0) Councilman Dunin was also concerned that minor lot line adjustments have a provision added to not require additional condition changes made at the time they are approved. He cited three personal experiences that had occurred to him when.he went in for lot line changes (paper line only) and additional conditions were required at the staff level. Mayor Billig suggested Councilman Dunin and Toby Ross meet to discuss possible alternatives. Councilwoman Dovey requested that the definition of "subdivision" be spelled out in definitions list and not just the government code section referenced. She also questioned when the R -2 50 -foot width zone was changed to 60 foot width. Mayor Billig requested that the appeal process be explained at each stage of the subdivision process using selective cross reference.. The entire appeal text would not be required. She was also concerned with wording on Page 41 on partial credit for school sites and private open space. She wished to be sure that the City. was not encouraging private recreational facilities in lieu of, public facilities. Councilman:Dunin was-also concerned with parkin -lieu fees: After brief discussion George Thacher, City Attorney, ,came up with revised wording to read, "When the City determines that a school site dedicated by the subdivider or that private recreation facility to be constructed.in accordance with subdivision approval, would provide permanent.space and facilities comparable to those customarily found in local parks. J0 fO 6JO �Jjj 00 W9 Wo OWWW Ot Wktii 10 4 �JMO %00 f0oj" 44 uiJY �� TAJ�4�0. The City shall determine the extent to which, if any, dedicated:school sites, private-open space or private recreational facilities to be constructed, fulfills the usual functions of public local parks. The remaining part of the requirement shall be satisfied by land dedica- tion, in -lieu fees, or both." City Council Minutes Tuesday, July 13, 1982 - 6:40 p.m. Page 6 Councilman Dunin was concerned that the in -lieu fees were too high. Present requirements mandated $3,000 per unit which he felt was over and above what was needed and asked staff to come back with some suggested alternatives to be more equitable with, say, apartment bnits which cost $150 per unit. After brief discussion, and upon general.consensus, to refer the subdivi- sion ordinance to staff to include the revisions made this evening and to bring it back at a public hearing. Further, the evaluation of the, park in -lieu fee amounts should be treated as a separate issue. (4 -0) 5. CAC - FINAL PASSAGE OF ORDINANCE NO. 930 Council held a public hearing to consider the final passage of Ordinance No. 930, repealing Ordinance No. 904 establishing the Citizens Advisory Committee. Mayor Billig declared the public hearing open. Mike Nelson,. Chairman of the Citizens Advisory Committee, reviewed the history of the Advisory Committee since his appointment (see his letter dated July 13). He felt that several attempts had been made at communi- cating with the City Council, including the request for a.study session which was turned down., He was opposed to the abolishment of the Citizens Advisory Committee and he could not understand why the Council felt so strongly that it should be a technical committee under the Administrative Officer as they were a cohesive group, they were trying to work together, they had made no major errors in the last year. He felt this would cut off any avenue for citizen input and would urge the Council reject the ordinance leaving the Citizens Advisory Committee alive as is. Katherine Fuess, 1135 Perfumo Street and a CAC member, urged Council rejection of final passage of the Ordinance 930. She did not approve of the way the Council had adopted the resolution at the time of the 1 introduction of the ordinance as it was not even to be effective for another month and a half. The CAC would now be an advisory body to the Administrative Officer which she felt unnecessary. She would still like a study session prior to any final action taken by the Council. Bob Colgrove, 1197 Laurel Lane and-secretary of the CAC, also requested a study session. He felt it wrong to make a major change before better communications could be established which he felt a study session would provide. Jan Halderman, CAC member, also spoke against the ordinance urging Council rejection. Bob Goldman, 860 Church Street and CAC member, felt the Council subcom- mittee had misrepresented the position when he was first appointed. He urged reconsideration of the ordinance and holding of a study session. Pete Dunan, 1035 San Adriano and CAC member, disagreed with comment made by Councilman Griffin that the CAC had created their own constituency. The CAC did recognize that communications had broken down between the Council and the Committee and that was why they had requested a study session. He felt it was unfair not to have granted it. This was not a slight reorganization but rather the abolishment of the Committee with the action the Council was going to take this evening. He did not feel the Council was acting in a businesslike manner on this position. He again reemphasized the need to rewrite the Advisory Handbook. He felt the CAC had the beginnings of being.a viable force in the community and would urge Council's reconsideration of the ordinance.- Mayor Billig declared the public hearing closed. City Council Minutes Tuesday, July 13, 1982 - 6:40 p.m. Page 7 Councilman Dunin explained that the suggestion of putting the advisory committee under the auspices of the Administrative Officer was a sugges- tion made by Councilman Settle during budget hearings. At that time the Council deferred any action but after additional thought felt that it was meritorious. They reviewed the approach and felt the Committee would be more productive under the CAO as the CAC had a long history of problems between past Councils and past members. The CAC would indeed be better under the new structure of the CAO.in his opinion. The Council does recognize the need of the Committee as being a very viable force. He felt it would help the relationship, their productivity, etc. The CAC should not be compared to the Grand Jury as was alluded to by one of the previous speakers as the Committee serves at the pleasure of the Council where the Grand Jury acts more as a watch dog. They have specific charges as mandated by the handbook.' Councilwoman Dovey responded to comment made by a Committee member regarding her position as liaison. With regard to the handbook, she had explained to the Committee members in the past that the Council was in the process of revising it. At the time:it was adopted they realized that it was not perfect. Several revisions and most all of the comments made by the CAC were being included as a part of the revision. With regard to the question, "Why is the Council doing this to the CAC ? ", she felt that restructuring was considered - because the present structure was not working, for whatever reasons. As far as citizen input was concerned, she does not remember any having been received from citizens during the last 15 months. She did not feel that this was going to be a problem. They were not closing the door :to the Committee but rather opening it. As far as holding a study session, each time this was requested their topic for discussion was, "Definition and Role:of :the.Committee." She felt that the Council was now doing this. Councilman Griffin stated that he respected those comments made by the CAC members and would hope.that they would respect his judgement as well as those of the Council. He was impressed with,the ability of the Committee to work together collectively on,various.programs and would hope they would continue with them. If.the new structure does not work, he would also be the first to suggest.making changes to it: He.also did not feel that the restructuring would diminish citizen input. Mayor Billig agreed with comments made by her fellow Councilmembers. She felt the CAC would continue as a very important advisory body and would be more productive than it has been in.the past. Lately they had been working together more effectively. A good example was their working with the CAO on the Fremont Proposal. She reminded them that the Council had requested that they work on a CAC restructure, however, this had not happened. She agreed that the handbook needed revision and it was being done. From reading the CAC minutes, she discerned many disruptive remarks had been made and a lack of respect towards the Council and poor communications. She would hope committee members would try the new committee restructure. 'Abolishment had not been the intent and still wasn't. On motion of Councilman Griffin, seconded by Councilwoman Dovey, to give final passage to Ordinance No. 930. Finally passed on'the:following roll call vote: AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig NOES: None J. ABSENT: Councilman Settle 6. EXTENSION OF MORATORIUM ORDINANCE RELATING TO VIDEO GAME AMUSEMENT CENTERS Council held a public hearing on the adoption of an ordinance which would extend the moratorium of amusement centers for an additional eight months (continued from 7 /6/82). City Council Minutes Tuesday, July 13, 1982 - 6:40 p.m. Page 8 After brief discussion, it.was moved by Councilwoman Dovey, seconded by Councilman Griffin, to introduce and give final passage to.Ordinance No. 932, an ordinance extending a moratorium of amusement centers for eight months. ' Introduced and finally passed on the following roll call vote: AYES: Councilmembers Dovey, Griffin; Dunin and.Mayor Billig NOES: None 1 ABSENT: Councilman Settle A -1 JACK FAMILY MEMORABILIA After brief discussion, it was moved by by Councilman Griffin, to adopt the fol No. 4896.(1982 Series), a resolution of Luis Obispo approving an agreement with Family records.to be transferred to Cal Library for storage-and use. Councilwoman Dovey, and seconded Lowing resolution: Resolution the Council.of the City of San Cal Poly enabling the Jack Poly's.Special Collections Passed and adopted on the following.roll call.vote: AYES:- Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle A -2 AGREEMENT WITH CUESTA COLLEGE After brief discussion, it was moved by Councilwoman Dovey, seconded by Councilman Griffin, to introduce the following resolution: Resolution No. 4897 (1982 Series), a.resolution of the Council.of the City of San Luis Obispo approving an agreement with Cuesta College Community Services for use of the Cuesta College auditorium and staff services for "Austria Salutes California." Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Griffin, Dunin and Mayor Billig NOES: None ABSENT: Councilman Settle C O M M U N I C A T I O N S Mayor Billig requested George Thacher -bring the Council up to date on the present status of the PUC approving a grant application for Cal Coast for the Transit Bus operations. She questioned why the PUC had failed to act on the Cal Coast application. George Thacher, City Attorney, stated that the PUC had questioned their own authority and whether or not they would be able to take any action. They were now reviewing this, as was he. They were also concerned that the two bus operations were both operating on the-same routes. The PUC has scheduled a conference for July 21 for a decision. He would be looking at the question of whether this was, in fact, in the PUC's jurisdiction. Upon question he stated that the City, as an interested party, could urge the PUC to act as expeditiously.as possible and offer help in the jurisdictional problem. Mayor Billig questioned a statement made in the newspaper regarding a confidential memo. George Thacher explained that the newspaper indicated the confidential memo, which was addressed to members of the North Coastal Transit Board, 1 City Council Minutes Tuesday, July 13, 1982 - 6:40 p.m. Page 9 had indicated that it was written by a City staff member. This was, however, not the case as he had questioned any staff members that might be involved. Mayor Billig asked the staff to respond to the reasons for the selection of the bus using diesel•vs. natural gas fuel. Dave Elliott, Public Services Assistant, explained that the requirements for the diesel vs. the gas had been made primarily as the City wished to increase the capacity of the coaches and no.natural gas vehicle had a larger capacity than.what.presently existed. This was. written in as a part of the specifications and was advertised.as part of the bid. After brief discussion, and upon general consensus, the Mayor was directed to write a letter to'.the:PUC urging expeditious resolution of granting an application to Cal Coast for the bus operation. (4 -0) There being no further business to come before.the,City Council, Mayor Billig adjourned the meeting at 11:58 p.m..to Tuesday, July 27, 1982 at 7:00 p.m. n Pamela Voges, ity Clerk APPROVED BY COUNCIL: 8/31/82 M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,.JULY 27, 1982 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET ..SAN LUIS OBISP.O, CALIFORNIA PLEDGE OF ALLEGIANCE ROLL CALL Councilmembers Present: GlennaDeane Dovey, Robert Griffin:and Ron Dunin Absent: Allen Settle and Mayor Melanie C. Billig City Staff Present: George Thacher, City Attorney; Toby Ross,.Community Development Director; Geoff Grote, Assistant City Administrative Officer; Roger Neuman, Police Chief; Dave Romero, Public Services Director; Trude Lisagor, Recording Secretary.: VICE -MAYOR DUNIN RESIDING C O:N S E N T C A L E.N D A R C -1 CLAIMS AGAINST THE CITY On motion of Councilman Griffin, seconded by.Councilwoman Dovey, the claims against the City for the month of July 1982 be approved and ordered paid. Motion carried, Councilman Settle and Mayor Billig absent.