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HomeMy WebLinkAbout01/02/1991412 City Council Minutes Wednesday, January 2, 1991 - 7:00 p.m. C -3 MODIFYING SPEED LIMITS (File No. 774) Page 2 Council considered giving final passage to Ordinance No. 1183 amending Section 10.56.10 of the Municipal Code modifying speed limits on Tank Farm Road between Morning Glory Way and Orcutt Road from 50 to 45 mph. Moved by Rappa /Roalman (5 -0) final passage was given to Ordinance No. 1183 amending Section 10.56.010 of the Municipal Code modifying speed limits on Tank Farm Road between Morning Glory Way and Orcutt Road from 50 to 45 mph as recommended. C4 NACIMiENTO WATER PROJECT (File No. 517) Council considered requesting the Board of Supervisors to work with Monterey County water officials regarding the use of the Nacimiento Water Project as a long -term water source. Moved by Rappa /Roalman (5 -0) to adopt Resolution No. 6914 urging the Board of Supervisors to initiate discussions regarding Nacimiento as a supplemental water source as recommended. C -5 SETTLEMENT - SPANGLER V. CIW (File No. 189) Council considered authorizing a settlement in the case of Michael Spangler v. the City of San Luis Obispo relating to alleged damages to real property at 1-43 Higuera Street. Moved by RanDa /Roalman (5 -0) to adopt Resolution No. 6915 authorizing settlement in the case of Spangler v. City as recommended. Al. PARK AND RECREATION COMMISSION (File No. 123) Council considered nominations for appointments to the Park and Recreation Commission to fill unexpired terms ending 3/31/91 and 3/31/92. Moved by Ranna /Roalman (5 -0) to appoint LeeAnn Hagmaier to the Park and Recreation Commission to 611 an unexpired term ending 3/31/92 and Leslie Vartanian to a term expiring 3131195 as recommended. A2. PLANNING COMMISSION (File No. 123) Council considered an appointment to the Planning Commission to fill an unexpired term ending 3/31/94. At the request of Councilman Roalman this item was continued to a future council meeting until after interviews are held. COUNCIL LIAISON REPORTS Councilman Roalman reported on recent actions taken by the County Water Advisory Committee relative to State Water. 1 1 1 413 City Council Minutes Wednesday, January 2, 1991 - 7:00 pm. PUBLIC HEARINGS Page 3 1. SIDEWALK ASSESSMENT (File No. 533) Council considered the confirmation of costs to property owner, Marcel Cote', for curb, gutter and sidewalk improvements at 521 Funston (continued from 12/04/90). Dave Romero . Public Works Director, reviewed the agenda report with the recommendation that Council adopt a resolution confirming costs for improvements as recommended. Mayor Dunin declared the public hearing open. Marcel Cote' expressed some concern about the payment schedule. He wanted to be sure he could pay this over a 3 -year period. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Rapp /Pinard (5-0) Resolution No. 6916 was adopted confirming costs for improvements at 521 Funston as recommended by staff. BUSINESS ITEMS 2. MOVING ELECTION DATE (File No. 324) Council considered moving the City's election date and other pending election issues. Pam VoW City Clerk, explained that the next four issues are election related with the first regarding moving the City's election date from November of odd years to June or November of even years. She stated the issue came up as the result of a recent Board of Supervisors action to allow requests by several county school districts to move their election dates to the State and County's general election held in November of even years. Because the City is a chartered city, the change must be voter approved. It would greatly reduce election costs because it would consolidate elections with the County, State and National elections being held at the same time. Laving the election in November of odd years without benefit of the school districts would increase the City's pro rata share by approximately $14,000 with a reduced voter turnout between 3 and 5 per cent. If the election was moved and consolidated with the State and Board of Supervisors races, the election could be held as low as $18,000 for an overall savings of $27,000 each election and, increased voter turnout by as much as 100 per cent from the City's current 35 per cent to as much as 70 per cent. A major disadvantage in moving the election date is the argument that local issues can become more obscured by state and county issues and provide less of an opportunity to identity local candidates and measures. She stated a Charter initiative would be required to move the election and the Council could hold a Special or Regular Election for that purpose. She suggested that the Council discuss the other issues before it this evening prior to identifying specific ' wording on the measures. If the Council was not interested in moving the election date no action was required at this time. Bud City Council Minutes Page 4 Wednesday, January 2, 1991 - 7:00 pm. Councilwoman Pinard questioned whether the additional voters who would vote in the gubernatorial and presidential elections actually voted for local measures as well. Mayor Dunin asked for public comment. Martha Schwartz spoke in support of leaving the election date as it is. Roy Hang also felt that the election date, although more expensive, would be better left in the odd year to allow sufficient opportunity for review of specific local issues. Don Smith spoke in opposition to moving the election date. Tim Farrell also opposed moving the election date. Mayor Dunin closed the public portion. Councilman Roalman stated he was in support of moving the election date from the odd year to the even year but he did not feel that a special election was warranted for this purpose. Councilwoman Ranna felt it would be confusing by placing these issues at a June election. It was her preference to move the election date to provide better turnout and reduce costs. She could support November of the even year. Councilman Reiss also was concerned about costs and could support putting the ballot in November of even years. Councilwoman Pinard said she could not support a November change. If the date needed to be changed at all, she would support moving it to the June primary, but her primary position would be to leave it as is to ensure that local issues get the attention they deserve. Mayor Dunin supported November of even years. After discussion and by general consensus to move the City's regular election date to November of even numbered years. 3. STATE WATER PROJECT (File No. 324) Council considered a ballot measure concerning the State Water Project (continued from 11/17 and 12/11/90). Ken Hampian. Assistant City Administrative Officer, reviewed the agenda report with the recommendation that Council determine the timing for an election concerning City participation in the State Water Project. And, further, whether or not the election should be binding or advisory. He stated that on July 31, 1990, the Council approved in concept the holding of an election regarding City participation in the State Water Project. The Council directed staff to begin a dialogue with the County . relative to holding an election on a countywide consolidated basis. That had proved unfruitful and since that time, staff has a better understanding of the possible scenario for elections occurring within the San Luis Obispo and Santa Barbara Counties. He stated that November 1991, may be the last opportunity to put the issue before the electorate. This is because of a kind of "domino effect" which is expected to be triggered by Santa Maria in January 1991, and will ultimately impose a deadline on both Santa Barbara County and our county. 415 City Council Minutes Page 5 Wednesday, January 2, 1991 - 7:00 pm. He stated that the timeframe for completing the final EIR for the coastal branch and the local projects may affect the Council when it determines to schedule the State Water Project issue for an election. According to the State Department of Water Resources, due to the volume of comments received regarding the draft EIR, the State did not anticipate certification of the final document until the Spring of 1991. He stated that although this is primarily a philosophical issue, it may be helpful for Council to consider this question in the context of election timing. If it is considered advantageous to schedule the issue for an early special election, the Council may prefer an advisory election so that community input is obtained at an early time but a final decision deferred until the EIR is available. Whether the Council chooses a binding or advisory vote, the specific ballot language will be a matter of importance. Councilman Roalman stated he would like to see the State Water issue at the November election. Councilwoman Rauna would like to see a special election and place this at that time. Councilman Reiss would prefer the elections consolidated and placed at a special election as an advisory vote only. Mayor Dunin supported a special election also as an advisory vote. (Please see end of Item No. 5 for final action. taken on this.) 4. WAT.E.R. INITIATIVE (File No. 324) Council considered an analysis of the WAT.E.R. Initiative (continued from 12 /4/90). John Dunn, City Administrative Officer, explained for the Council that there was an amendment to the recommendation of the staff report to: (1) Receive the staff report analyzing the potential impacts of the WAT.E.R. Initiative and direct the City Clerk to place the measure on the ballot for action by the voters of San Luis Obispo; and (2) Formally oppose the WAT.E.R. Initiative based on the key points outlined in the staff report but not direct staff to draft the appropriate ballot argument Ken Hampian. Assistant City Administrative Officer, explained that the WAT.E.R. Initiative had qualified for the next regular municipal election but, consistent with state law, Council had referred the initiative to staff for an analysis of its potential impacts on December 4, 1990, and the analysis was identified as follows: (1) The initiative's requirement that mandatory rationing be terminated within one year, even under drought conditions, could result in the City exhausting its reservoir supply in approximately one year, (2) The initiative wrongly assumes that the potential negative consequences of ending rationing during the drought can be avoided if only the City would "expedite its own efforts to find, treat, and supply water". He said that City efforts to bring other supplies "on line" are already being pursued as agressively as possible. In the last eighteen months over $1.75 million had been spent to develop additional water supplies; over fifty test wells had been drilled; approximately 1,500 acre feet of ground water had been brought on line and, numerous other projects including desalination were being pursued. (3) The issue that the WAT.E.R. Initiative could result in severe financial consequences to the City and to its residents. For a variety of reasons the initiative can result in: (a) a burden of low - yielding, poor quality, highly expensive water projects technically and economically unrealistic (b) the inability of the City to exercise sound financial decision making; (c) reduction in general fund service levels such as police and fire protection; and (d) severe damage to the local economy. (4) The initiative ignores such things as environmental impacts, growth management, consistency with the general plan, safe annual yield and, water quality. (5) The initiative raises several significant legal issues including "impairing essential government functions ". Mayor Dunin asked for public comment Leslie liearce. 1075 Capistrano, spoke in support of the WAT.E.R. Initiative. 416 City Council Minutes Page 6 Wednesday, January 2, 1991 - 7:00 p.m. Richard Kransdod, 160 Graves Ave., spoke in opposition of the ordinance and urged it placed on the ballot. Gary Kunkel. 571 Cuesta, spoke in support of the initiative and read a prepared statement into the record, (please see File No. 324). &45 p.m. Mayor Dunin declared a recess. 9:00 pm. City Council reconvened; all Councilmembers present. Vice Mayor Roalman felt that the initiative was politically motivated and would not support it. Councilwoman RaMn agreed. Councilwoman Pinard concurred with statements by Rappa and Roalman. Councilman Reiss felt that the ordinance should be sent to voters; he would not support it. After discussion, moved by RaMM /Pinard (5 -0) to receive the staff report analyzing the potential impacts of the W.A.T.E.R. Initiative and directed the City Clerk to place the measure on the ballot for action by the voters at a Special Municipal Election to be held Tuesday, April 9, 1991. Moved by Rappa1Pinard (4.1, Mayor Dunin voting no) to formally oppose the WAT.E.R. Initiative for the reasons outlined in the staff report. 5. REFERENDUM - TRACT 1750 (EDNA- ISLAY) (File No. 324) Council considered placement of the Referendum of Tract 1750 at a Regular or a Special Election or to repeal the ordinance. Pam Voges. City Clerk, reviewed the agenda report with the recommendation that Council: (1) Repeal the ordinance against which the petition is filed; OR (2) By general consensus, support placing a ballot measure at the neat Regular Municipal Election to be held on Tuesday, November 5, 1991, for the purpose of giving final passage to Ordinance No. 1179: OR (3) By general consensus, place the measure at a Special Municipal Election at a date to be determined. She stated that on October 2, 1990, the Council took action on a 3 -2 vote, Councilmembers Pinard and Roalman voting no, to give final passage to Ordinance No. 1179. This ordinance approved the planned development of Tract 1750, commonly known as the Edna -Islay Development Project, and would amend the zoning regulations allowing 353 residential dwelling units off Tank Farm Road east of the railroad tracks. A referendum petition was circulated and filed within the thirty days of its adoption and later certified as having received the required ten percent of the City's voters qualifying it for the General Election. Council must now: (1) Place the ordinance at the City's next Regular Election; (2) Repeal the ordinance; OR (3) Place it at a Special Election to be held anytime sooner. Mayor Dunin opened the public hearing. Roger Picauet representing Pacifica Corporation, 1104 Palm Street, spoke in support of the project and was available for questions. Phil Ashiev felt that the Council should require an environmental impact report and not place the item on the ballot. John Chestnut. 314 Higuera, urged placement of this on the ballot. 417 City Council Minutes Page 7 Wednesday, January 2, 1991 - 7:00 pm. Moved by Roalman Ra a (M) to receive and file the certificate. Moved by Ranoa /Dunin (3-2, Councilmembers Pinard and Roalman voting no) to adopt Resolution No. 6917 giving notice of holding a Special Election on Tuesday, April 9, 1991. Moved by Rappa /Reiss (4-1, Councilwoman Pinard voting no) to place the issues related to: (1) Movin- the election date; (2) State Water Project; (3) W.A.T.E.R. Initiative; (4) Referendum on Tract 1750 at the Special Election. 11:00 p.m., there being no further business to come before the City Council, Mayor adjourned the meeting to Tuesday, January 15, 1991, at 630 pm. , . APPROVED BY COUNCIL: 2/19/91 PV.san Voges, MINUTES CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 15, 1991 - 630 P.M. COUNCIL DARING ROOM - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA 630 pm. Closed session was held to discuss litigation regarding Bolivar v. Citv of San Luis Obispo. 7:00 p.m. There being no further business to come before the City Council, Mayor Dunin adjourned at 7:00 p.m. to hold the City's Regular Meeting. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 15, 1991 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Vice -Mayor Bill Roalman, Councilmembers Peg Pinard, Jerry Reiss, and Mayor Ron Dunin Absent: Councilmember Penny Rappa City Staff Present: John Dunn, City Administrative Officer, Ken Hampian, Assistant Administrative Officer; Glen Matteson, Associate Planner, Jeffrey Jorgensen, City Attorney; Pam Voges, City Cleric; Arnold Jonas, Community Development Director, Mike Dolder, Fire Chief; Ann McPike, Personnel Director, Dave Romero, Public Works Director, Bill Hetland, Utilities Director, John Moss, Wastewater Division Manager PUBLIC COMMENT P.C.1. Gary Kunkel submitted a letter requesting an amendment to the water rationing measure. After brief discussion, staff directed to bring back revised language as suggested by City Attorney, Jeff Jorgensen.