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05/19/1992City Council Meeting Page 2 Tuesday, May 19, 1992 - 7:00 P.M. P.C.2. Richard Schmidt expressed concern about the rapidly increasing cost of State Water due to other agencies dropping out. P.C.3. Richard Kransdorf invited the Council to attend a press conference on Thursday, May 21, at 1:00 P.M. In front of City Hall. P.C.4. Charles Palmer. 485 Estero, Morro Bay, made an offer to the Council to prepare a water rate analysis relative to the City s growth needs which he would submit in writing. CONSENT AGENDA Moved by Reiss /Pinard (5-0), the Consent Agenda was unanimously approved as recommended by the City Administrative Officer with the exceptions of C -5 and C-7 as noted. C -1 COUNCIL MINUTES Moved by Reiss /Pinard (5-0), the following minutes were approved as amended: Monday, April 6, 1992 at 7:00 P.M., Tuesday, April 7, 1992 at 7:00 P.M., and Tuesday, April 28, 1992 at 7:00 P.M. C -2 MASS TRANSPORTATION COMMITTEE AMENDMENTS (File No. 123) Council considered giving final passage to an ordinance amending the Mass Transportation Committee (MTC) membership requirements (continued from 4/21/92 and 5/5/92). Moved by Reiss /Pinard (5-0), Ordinance No. 1207 was given final passage amending the MTC membership requirement to: a) exempt the Cal Poly representative from term limitations and b) replace the Human Relations Commission representative with a student representative as recommended. C -3 SEWERLINE IMPROVEMENT PROJECT (File No. S-07R) Council considered plans and specifications of "Sewerline Improvement Project: Marsh Street Siphon at San Luis Creek between Osos and Santa Rosa, City Plan No. S -07R ", estimated to cost $32,145 including contingencies. Moved by Reiss /Pinard (5-0), approved plans and specifications for °Sewerline Improvement Project: Marsh Street Siphon at San Luis Creek between Osos and Santa Rosa, City Plan No. S-07R ; authorized soliciting of bids; and awarded contract (A- 49- 92 -CC) by CAO if lowest responsible bid is within the Engineer's estimate as recommended. C-4 VEHICLE FUELS. LUBRICANTS. & SOLVENTS (File No. CY 92 -003) 1 Council considered specifications for °Vehicle Fuels, Lubricants and Solvents, Specification No. CY City Council Meeting Tuesday, May 190 1992 - 7:00 P.M. 92-0030, estimated to cost $204,133. Page 3 Moved by Reiss/Pinard (5-0), approved specifications for 'Vehicle Fuels, Lubricants and Solvents, Specifications No. CY 92 -003% authorized soliciting of bids; and award contract (A- 50- 92-CC) by the CAO if the lowest responsible bid is within the Engineer's cost estimate as recommended. C-5 NEIGHBORHOOD IMPROVEMENT PROJECT (File No. P -11B) Council considered a 'Neighborhood Improvement Project: Chorro /Broad Streets, City Plan No. P- 11130. At the request of Councilwoman Pinard, moved by Roalman /Rappa to continue this item without discussion to a future meeting as a business item. Motion carried unanimously (5-0). C-6 NATIONAL REGISTER APPLICATION (File No. 452) Council considered supporting the inclusion of the Tribune - Republic Building located at 1763 Santa Barbara Street, on the National Register of Historic Places. Moved by Reiss/Pinard (5-0), Resolution No. 8011 was adopted supporting the National Register ' application as recommended. C-7 DALIDIO LAND VALUE ANALYSIS (File No. 432) Council considered the approval of a land value analysis for the proposal of the Dalidio Property, approximately 65 acres at Madonna Road and Dalidio. After brief discussion, moved by Rappa /Reiss to approve and authorize the Mayor to execute an agreement (A- 48- 92 -CC) in the amount of $16,900 with Economic Research Associates to complete a land value analysis of the proposal for the Dalidio Property as recommended. Motion carried (3-2, Councilmembers Pinard and Roalman voting no). C-8 BIA BOARD OF DIRECTORS (File No. 123) Council considered confirming an appointment to the Business Improvement Association Board of Directors to fill an unexpired term. Moved by Reiss /Pinard (5-0) to confirm the appointment of Dan Smith to the Business Improvement Association Board of Directors, to an unexpired term expiring 3/31/93 as recommended. C-9 STATE WATER UNALLOCATED RESERVES (File No. 1124) Council considered State Water Project Unallocated Reserves (continued from 4/21/92). Moved by Reiss/Pinard (5-0), directed staff to recommend to the San Luis Obispo County Flood City Council Meeting Page 4 Tuesday, May 19, 1992 - 7:00 P.M. Control and Water Conservation District to only subscribe for the amount of state water for which contracts have been executed as recommended. C-10 ART ACQUISITION POLICY COMMITTEE APPOINTMENTS (File No. 853) Council considered appointment to the Art Acquisition Policy Committee for the Performing Art Center. Moved by Reiss / Pinard (5-0), to appoint Lon Lundberg and Kathryn Luckett as City- designated members of the Art Acquisition Policy Committee as recommended. ADVISORY BODY APPOINTMENTS Al. PARKS AND RECREATION COMMISSION (File No. 123) Council considered a report by Council Subcommittee (Reiss /Dunin) of recommendation for two appointments to the Parks and Recreation Commission. Moved by Reiss /Dunin (5-0) to reappoint Lee Anne Hagmaier to a 4-year term expiring 3/31/96 and appoint Roger Picquet to a 4 -year term expiring 3/31/96 as recommended. A2. PERSONNEL BOARD (File No. 123) Council considered a report by Council Subcommittee (Pinard /Reiss) of a recommendation for one 1 appointment to the Personnel Board for an unexpired term expiring 3/3/196. Moved by Pinard /Reiss to appoint Diane Glaser for a 4 -year term expiring 3/31/96 as recommended. COUNCIL LIAISON REPORT There was no Council Liaison Report. PUBLIC HEARING 1. SIDEWALK CONSTRUCTION AND REPAIR (File No. 533) Council held a public hearing to consider confirming costs for sidewalk construction and repair to various property owners throughout the City. Wayne Peterson, Acting Public Works Director, reviewed the agenda report with the recommendation that Council adopt a revised resolution confirming costs to property owners for construction and /or repairs conducted under the 1911 Act as amended at 5:00 this evening which included amendments to both Exhibits A and B for those property owners who had identified either paying their repair costs in full or selected the three year option. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed action. City Council Meeting Page 5 Tuesday, May 19, 1992 - 7:00 P.M. Mayor Dunin declared the public hearing closed. Moved by Rappa /Reiss. Resolution No. 8012 was adopted (5-0) confirming costs as amended. 2. MIXED USE ZONE (File No. 463) Council held a public hearing to consider a Planning Commission recommendation to add a mixed - use zone to the Zoning Regulations (CR 1538), (continued from 5/5/92). Glen Matteson. Associate Planner, reviewed the agenda report with the recommendation that Council introduce an ordinance to print in summary form, approving a negative declaration of environmental impact and adding a mixed -use zone to the Zoning Regulations as recommended. Mayor Dunin declared the public hearing open. Vic Montgomery, 772 Mill Street, thought that the zone idea was a good one but it should be optional rather than required. If required, financing could be a problem for some projects. He also did not want it to be reactionary and that a property owner would be told exactly what he could or could not do with his property. He felt that the process if implemented now would be more difficult than a planned development project. He believed that the use permit requirement would be redundant. Mayor Dunin declared the public hearing closed. Councilwoman Pinard expressed concern about the possible loss of residential zoning. She felt that the original idea was to add residential to commercial areas because of safety reasons particularly for nighttime use. These regulations seem to be going in the opposite direction. She suggested an amendment to the mixed -use zone under Purpose that would read °The City desires the safety provided by including residential components in commercial areas and identifies housing as the City's number one priority". Councilwoman Rapp@ also expressed concern about the use permit being required. Mayor Dunin preferred making the requirement optional. Councilman Reiss was concerned that financing for next years projects would be difficult and in some cases, only way to get financing would be to change the zoning from residential to commercial. After discussion, moved by Ranpa /Reiss to introduce Ordinance No. 1210 to print in summary form, approving a negative declaration of environmental impact and adding a mixed -use zone to the Zoning Regulations with amendments to the Purpose to delete the word "required" to include the language provided by Councilwoman Pinard to read "The City desires the safety provided by including residential components in commercial areas and identifies housing as the City's number one priority°; and an amendment to Section 17.5.040 subsection B (1) to read "Sites specific property development standards are needed to protect all or000sed uses in particular, residential and other all Proposed uses of the site°. Motion carried (5-0). City Council Meeting Page 6 Tuesday, May 19, 1992 - 7:00 P.M. MAP - 9 POINSETTA File No. 410 3. TENTATIVE 3 35 ( ) Council held a public hearing to consider a Planning Commission recommendation to approve the tentative map for Tract No. 2100, a subdivision to divide a 1.47 acre site into eight to ten residential lots, on Poinsettia Street, north of Tank Farm Road (3935 Poinsettia); Marigold Partners applicant. Arnold Jonas, Community Development Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution approving the tentative map, with findings and conditions as recommended. Mayor Dunin declared the public hearing open. Vic Montgomery, 3026 S. Higuera St. and representing the applicant, spoke in support of the proposed recommendations. He was supportive of either map. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Roalman /Reiss, Resolution No. 8013 was adopted (5-0) approving the tentative map with findings and conditions as recommended. 4. WATER ALLOCATIONS (File No. 517) A. VILLA ROSA PROJECT Council held a public hearing to consider a request to grant a water allocation to the Villa Rosa project located at 843 Mutsuhito Avenue; Villa Rosa Co., applicant. B. WATER ALLOCATION REGULATIONS Council held a public hearing to consider amending the Water Allocation Regulations, as previously directed by Council, to prevent allocations from reserves at the end of mandatory conservation. Glen Matteson. Associate Planner, reviewed the agenda reports and recommended to 1) consider a request to grant a water allocation to the Villa Rosa project located at 843 Mutsuhito Avenue; and 2) consider amending the Water Allocation Regulations, as previously directed by the Council, to prevent allocations from reserves at the end of mandatory conservation. Mayor Dunin declared the public hearing open. Mike Multari , representing Stan and Elizabeth Bell, spoke in support to allow the Villa Rosa project 1) be eligible for the water reserve now or later and 2) allocate water to the Villa Rosa project now. Mayor Dunin declared the public hearing closed. Moved by Roalman /Ragga to deny the request to make the water available to the Villa Rosa project consistent with previous Council direction. 1 City Council Meeting Page 7 Tuesday, May 19, 1992 - 7:00 P.M. Councilman Reiss felt this project was in the right direction to reach the City's goal to provide affordable housing in the community. Mayor Dunin agreed. Councilwoman Rapoa was very supportive in expanding housing but believes the City needs to get back in balance with City's available water resources. Councilwoman Pinard stated she could not support it because she believed the City should stay within its safe annual yield and was one of the reasons for the current situation. Motion carried (3-2, Councilmember Reiss and Mayor Dunin voting no). Moved by Raoaa /Roalman to introduce Ordinance No. 1211 to print in summary form to 1) find that the change is categorically exempt from further environmental review, and 2) amending the Water Allocation Regulations to eliminate the current water allocation reserve amounts and to simplify and update the regulations as recommended by staff. Motion carried (3-2, Councilmember Reiss and Mayor Dunin voting no). 5. 1673 LA VINEDA - 20' SETBACK (File No. 407) Council held a public hearing to consider confirming final action on an appeal by Mac Short of an Architectural Review Commission action requiring a 20' setback from riparian vegetation for a house located at 1673 La Vineda; Mac Short, applicant; (continued from 3/3/92 and 3/17/92). Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution upholding the appeal as Council had previously taken action and indicated include the changes to the initial study that supported Council's actions. Mayor Dunin declared the public hearing open. Phil Ashley stated that he was supportive of the mitigation measures. He would like to see the creek policy changed to an ordinance so that there would be clarity for the future. Mayor Dunin declared the public hearing closed. Moved by Reiss /Roalman, Resolution No. 8014 was adopted (5-0) to uphold the appeal including changes to the initial study as recommended. 8:40 P.M. Mayor Dunin adjourned the meeting to closed session to discuss a personnel issue. 9:10 P.M. City Council reconvened; all Councilmembers present. BUSINESS ITEMS 6. LOS NOMADAS ENVIRONMENTAL STUDY (File No. 482) Council considered the City's possible role as lead agency for preparation of an Environmental Impact Report (EIR) for a 705 acre recreational planned development known as °Los Nomadas° located at 450 Orcutt Road (continued from 5/5/92). City Council Meeting Page 8 Tuesday, May 19, 1992 - 7:00 P.M. Arnold Jonas, Community Development Director, reviewed the agenda report with the 1 recommendation that after review of the project concept plans that Council give direction to staff and the applicant regarding whether or not it wished to act as a lead agency in processing and preparing the Environmental Impact Report. Mayor Dunin asked for public comment. Keith Gurnee representing the principals of Los Nomadas, stated that the real question before the Council was whether or not the City wish to be the lead agency and retain control over this project. The applicant had submitted complete applications to both the City and County agencies. Mayor Dunin declared the public comment period closed. Councilman Roalman believed the property is inappropriate for annexation. He felt that to be a lead agency would in essence be °leap- frogging° into the Edna Valley. Councilman Reiss believed it was in the City's best interest to be the lead agency so that it would also have control over the direction of the project. Councilwoman Rauoa felt that the project was similar to when the City acted as the lead agency for the Laguna subdivision. Councilwoman Pinard stated that it is currently zoned agricultural and outside the urban reserve line and, therefore, would be inappropriate for the Council to act on lt. After discussion, moved by Pinard /Roalman to deny the project from being processed through the City. Motion failed (2 -3, Councilmembers Rappa, Reiss and Mayor Dunin voting no). Moved by Reiss / Dunin to support the City as a lead agency for the preparation of the Environmental Impact Report for Los Nomadas. Motion carried (3-2, Councilmembers Pinard and Roalman voting no). PERFORMING ARTS CENTER FUNDING (File No. 854) Council considered the allocation of additional funding for the Performing Arts Center. John Dunn. City Administrative Officer, reviewed the staff report stating the additional contributions of $500,000 would be used towards the construction of the Performing Arts Center in order to accomplish desired design and quality objectives in the facility. These additions included a second balcony, acoustical treatment, installation of a second elevator, and building below -grade seating and wagon storage. Dr. Mike Martin. of Cal Poly, explained the need for the various funding levels. Warren Sinsheimer, President of the Performing Arts Center, answered a variety of questions regarding the original architects over - design of $7.5 million and the importance of what the construction of the Performing Arts Center would mean to the community in terms of additional jobs and revenue. Upon question by Councilman Roalman as to whether the City could opt to take back any excess funds rather than augment additional funding if the bids came below the engineer's estimate, it was City Council Meeting Page 9 Tuesday, May 19, 1992 - 7:00 P.M. stated that the bid would probably have a variety of alternatives that could come back to the Council. After additional discussion, moved by Raooa /Reiss to approve an additional contribution up to $500,000 towards the construction of the Performing Arts Center. Motion carried (5-0). 8. MANAGEMENT COMPENSATION PLAN (File No. 622) Council considered increasing salary ranges for management positions and converting a floating holiday to a fixed holiday (continued from 4/7/92). Councilwoman Pinard felt the request was ill -timed given the current economic issues facing the City. Councilwoman Rauoa spoke in support of the voluntary cap that the Management Team had placed on the ranges. After discussion, moved by Raapa /Reiss to adopt Resolution No. 8015 to increase the salary ranges and entitle management employees to convert the floating holiday as recommended. Motion carried (4-1, Councilwoman Pinard voting no). Councilwoman Pinard expressed concern about possible discrimination regarding what she believed to be the inequity of the City Clerk's salary over time. After discussion, moved by Pinard/Rapoa that the position of City Clerk be looked at vis -a -vis historical pattern regarding salary range. Motion carried (4-1, Councilman Roalman voting no). COMMUNICATIONS COMM.1. Council considered agendiang a property maintenance ordinance as requested by Residents for Quality Neighborhood. Staff directed to report back. COMM.2. Council considered a request by Mayor Dunin to appoint a Blue Ribbon Task Force to examine the city's economic situation. Staff directed to report back on the concept and makeup of a 5 member committee. COMM.3. Council considered a request by Councilwoman Pinard to support SB 1141, a comprehensive bicycle bill. Mayor directed to write letter in support. COMM.4. Council considered a request by Councilman Roalman to direct staff to prepare a resolution opposing the State's proposed budget cuts eliminating the SLO County California Conservation Corps (CCC Training Center, Service District, and Construction Unit. Mayor sent letter in support. COMM.5. Consideration of a request by City Clerk to amend Council Meeting Dates. Council supported changing the June 2, 1992 meeting to June 1, 1992 and rescheduling June 3, 1992 to June 8, 1992. COMM.6. The legal opinion prepared by Daniel J. Curtin, Jr., regarding State Water was made ' public information. City Council Meeting Page 10 Tuesday, May 19, 1992 - 7:00 P:X 10:30 P.M. there being no further business to come before the City Council, Mayor Dunin adjourned ' the meeting the Wednesday, May 27, 1992 at 8:00 A.M. for Appointed Officials Evaluation. APPROVED BY COUNCIL- 6/16/92 v Pat Voges, City PV:cm MINUTES CLOSED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, MAY 27, 1992 - 8:00 -9:00 A.M. COUNCIL HEARING ROOM - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman and Mayor Dunin Absent: None City Staff Present: John Dunn, City Administrative Officer, Pam Voges, City Clerk; Ann McPike, Personnel Director r. Absent: Jeff Jorgensen, City Attorney Also Present: Arlene Willits, Management Consultant Council held a closed session to discuss appointed officials evaluation process. 8:45 A.M. Mayor Dunin adjourned the meeting to 4:00 P.M.. in theGauncil Chambers. APPROVED BY COUNCIL- 6/16/92 City PV:cm 1