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11/17/1992MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, NOVEMBER 17, 1992 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Council Members Present: Peg Pinard, Jerry Reiss, Bill Roalman, and Mayor Dunin Absent: Vice -Mayor Penny Rappe City Staff Present: John Dunn, City Administrative Officer; Ken Hampian, Assistant City Administrative Officer; Jeff Jorgensen, City Attorney; Diane Gladwell, City Clerk; Wayne Peterson, Acting Public Works Director; Arnold Jonas, Community Development Director; Bill Statler, Finance Director; Bob Neumann, Fire Chief; Ann McPike, Personnel Director; Deb Hossli, Administrative Analyst; David Elliott, Administrative Analyst PUBLIC COMMENT PERIOD P.C.I. Donald Smith complimented the City of San Luis Obispo for its smoking ordinance. P.C.2. Keith Gurnee, 108 Broad Street, expressed his opinion that the City should not influence the County in their State Water allocation decision. CONSENT AGENDA Moved by Reiss[Pinard to approve the Consent Agenda as recommended by the City Administrative Officer with the exceptions of C-2 and C-5 as noted (4 -0-1, Vice -Mayor Rappa absent). Mayor Dunin stated that he had inadvertently participated in the vote for the final passage for the Mobile Home Rent Stabilization Ordinance on the Consent Calendar at the November 10, 1992 Meeting. He requested that the record be amended to remove his participation in the adoption of Item C-3 due to a possible conflict of interest. Council agreed by general consensus. C -1 CONTRACT AMENDMENT - SAUNAS DAM EXPANSION EIR (File No. A- 142 -91) Council considered Amendment #1 to the contract with Woodward -Clyde Consultants for the environmental impact report (EIR) preparation phase of the Salinas Reservoir Expansion Project reducing the maximum compensation by $15,750. Moved by Reiss[Pinard to approve Amendment #1 to the contract with Woodward -Clyde (4 -0-1, Vice - Mayor Rappa absent). C-2 BROAD STREET ANNEXATION (File No. 441) Council considered approving a property tax exchange agreement with the County of San Luis Obispo for the Broad Street Annexation. 1 1 1 City Council Meeting Tuesday, November 17, 1992 - 7:00 P.M. Page 2 Council discussed issues relating to city investments in intrstructure, land use development, growth and the City's share in sales tax projections. Moved by Roalman/Reiss to adopt Resolution No. 8087 approving a property tax exchange agreement with the County of San Luis Obispo (3 -1 -1, Council Member Pinard voting no, Vice -Mayor Rappe absent). C-3 BICYCLE LANE GRANT (File No. 462) Council considered supporting the submittal of an application for the State's Bicycle Lane Account in the amount of $27,000. for bicycle lane improvement on Madonna Road. Moved by Reiss /Pinard to adopt Resolution No. 8088 authorizing the submittal of a Bicycle Lane Account application (4 -0-1, Vice -Mayor Rappa absent). C-4 URM BUILDING PERMIT FEE CREDIT (File No. 707) Council considered establishing a credit to be applied to building permit and /or ARC application fees for strengthening or replacing an unreinforced masonry (URM) building in an amount equal to the cost of the structural analysis required by the City's URM strengthening program. Moved by Reiss/Pinard to adopt Resolution No. 8089 establishing a fee credit for permits to strengthen unreinforced masonry buildings (4 -0-1, Vice -Mayor Rappa absent). C-5 APPOINTED OFFICIALS COMPENSATION (File No. 622) Council considered deferred salary adjustments for the City Administrative Officer and City Attorney (originally scheduled for adoption on June 30, 1992). Ann McPike, Personnel Director, briefly reviewed the staff report. Frank Bucov, 515 Foothill, opposed salary increases and six -month severance pay. Roy Hanff, 569 Lawrence Dr., objected to the six month severance pay. Janet Kourakis, 1577 Tanglewood, asked for an explanation of the °golden parachute". Ann McPike. Personnel Director, explained that the three appointed officials served at the pleasure of Council and could be terminated at any time without cause. The severance was an industry standard and would be returned if the employee that had been terminated found other employment. Council discussed issues relating to timing with the budget crisis, equity treatment and past commitments to raises. Moved by Roaiman /Dunin to continue this item to date certain Tuesday, December 1, 1992 (4 -0-1, Vice -Mayor Rappa absent). City Council Meeting Page 3 Tuesday, November 17, 1992 - 7:00 P.M. COUNCIL LIAISON REPORTS There were no Council Liaison Reports. PUBLIC HEARING 1. APPEAL - HENDERSON AVENUE (File No. 407) Council held a public hearing to consider an appeal by Rob Strong of a Planning Commission action to continue their action on a request to change the zoning map from C-T to C- T- R-4-PD for the block surrounded by Henderson, Buena Vista, Garfield and Highway 101; King Ventures, applicant /owner. Arnold Jonas, Community Development Director, reviewed the staff report and requested that Council allow the Planning Commission to generate the recommendation before Council's decision. Mayor Dunin declared the public hearing open. Rob Strong. One Buena Vista and representing the applicant, stated that the problem had become controversial because of staff mishandling the zoning issues. He submitted material to be included in the record addressing issues relating to the Planning Commission Hearing. He reviewed various zones and the land uses allowed under those zones. Gary Felsman, 2234 Santa Ynez, urged Council to deny the project and send it back to the Planning Commission. Linda Barium, 627 Henderson, reviewed problems in the neighborhood created by the project and asked Council to consider the Planning Commission's request Roy Hanff, 569 Lawrence Dr., asked Council to order the Planning Commissioners to attend the Council Meetings when an appeal is heard. Brett Cross, Planning Commissioner, stated that the EIR had not been completed and that the Planning Commission needs more information from the applicant to proceed. Alien Settle, Planning Commissioner and Council Member - Elect, stated that the Planning Commission had acted to help the applicant make this a simple process and that if Council acted prior to the Planning Commission It would set a bad precedent. Dotty Connor, representing the Residents for Quality Neighborhoods, expressed concerns over the project and the procedure for appealing a Planning Commission's continuance. Deb Vandam, 1975 B Abbott, stated the land use was for fraternities and not for hotels and asked Council to reread her letter. John Kellerman, 1995 Abbott, requested Council deny the appeal stating the applicant was asking for special and unique treatment. MavOr Dunin declared the public hearing closed. City Council Meeting Page 4 Tuesday, November 17, 1992 - 7:00 P.M. Moved by Roalman /PinarM to adopt Resolution N denying the appeal and directing the applicant to return to the Planning Commission to generate a recommendation.(4 -0-19 Vice -Mayor Rappa absent). 9:03 P.M. Mayor Dunin declared a recess. 9:25 P.M. Council reconvened; Vice -Mayor Rappa absent. 2. UNREINFORCED MASONRY MITIGATION PROGRAM (File No. 707) Council held a public hearing to consider clarification of Seismic Zone to be use for required structural analysis of unreinforced masonry buildings. John Dunn, City Administrative Officer, made the recommendation that the item be continued because the Seismic Safety Task Force needed additional time. Moved by Pinard /Roalman to continue this item without discussion to date certain Tuesday, December 15, 1992 with direction to staff to solicit information from Los Gatos (4 -0-1, Vice -Mayor Rappa absent). 3. MISSION PLAZA EMINENT DOMAIN PROCEEDINGS (File No. 875) Council considered initiating Eminent Domain Proceedings as to portion of three properties for the Mission Plaza Expansion Project (Spradiin,1019 -23 Broad Street; Miller & Waiter, 679 Monterey Street; and Vargas, 667 Monterey Street). Jeff Jorgensen, City Attorney, reviewed staff report stating the public uses planned for the various properties and past negotiations with the owners and their attorneys. Mayer Dunin declared the public hearing open. Herman Fitzgerald attorney representing San Luis Obispo, asked that the record specifically include the exhibits 4067, 4484, and 4866 and the reference to the other hearings on January 2, 1980 and July 22, 1981 together with the EIR and the other reports that are a part of this record. G.D. Soradlin, P.O. Box 1294, referred Council to the letters from Laskin & Graham dated November 13 and November 16, and a letter from Pete Miller dated November 17, requesting that the record show that we adopt those three letters verbatim intuitu. He raised questions regarding the low appraisals, the Environmental impact Report, and the City's ability to fund development of the areas. Pete Miller, 679 Monterey Street (half owner), requested the letter from Laskin & Graham dated November 16 be incorporated as part of the record and stated that the proposed Resolution of Necessity would commit the City to acquiring the property; they would vigorously defend this action. He also stated that the EIR was inadequate to support the project and the Council's intention was to take the whole property. Kathy Vamas, 642 Monterey Street, also adopted the letters from Laskin & Graham and Pete Miller and shared the concerns of the previous speakers. Mayor Dunin asked for additional public input. City Council Meeting Page 5 Tuesday, November 17, 1992 - 7:00 P.M. Mayor Dunin r eq uested the record show there was no public Intere st, then declared the public hearing closed. Herman Fltrgereld reviewed the points made by the property owners: they asserted that the City does not have the right to take the property, and he stated the City clearly has such authority; they asserted that CEOA was not complied with, and he stated the project had not changed since 1980 and the EIR Is valid; they asserted that the City did not make a proper offer, and he stated that the appraisals were given to the property owners as required by law, and they asserted that the City did not follow procedures, and he stated that the government code had been followed to the letter. Council inquired about the EIR and the Taylor Plan. Staff responded that there were no changes on the north side of the creek in this area or phase of the projecL Changes made in other areas would not impact this area. Moved by Roalman /Pinard to adopt Resolution Nos. 8091.8092. & 8093 of necessity initiating Eminent Domain Proceedings to acquire portions of three properties (4 -0-1, Vice -Mayor Rappa absent). 4. SLO LITTLE THEATER /CHILDREN'S MUSEUM (File No. 855/857) A. Children's Museum Lease Extension Council considered a request by the Children's Museum to extend their current agreement for using City-owned property located at 1010 Nipomo Street and receive conceptual endorsement from the Council for a permanent Museum site. Deb Hossli. Administrative Analyst, reviewed key terms of proposed agreement and the proposed museum site. Moved by Pinard/Reiss to authorizes three -year Agreement A- 128_92 -CC extension with the Children's Museum for the continued use and 1010 Nipomo (4 -0-1, Vice -Mayor Rappa absent). Moved by Pinard/Reiss to conceptually endorse 630 Monterey Street (City owned Parking Lot No. 14) as a permanent site for the Children's Museum Mayor Dunin stated the parking lot property had been purchased expressly for the purpose of the expansion of the Mission Plaza Project and related activities; the parking lot was intended. as a temporary use. The City does value cultural growth and we have been supporting all different kinds of activities; this specific activity was slightly different than other uses. Moved by Pinard /Reiss to amend the motion to include Mayor Dunin comment as part of the approval (4 -0-1, Vice -Mayor Rappa absent). B. Little Theater Lease Extension Council considered extending agreement with the San Luis Obispo Little Theater (SLOLT) for the long term use of City property at 1010 Nipomo Street. Deb Hossli, Administrative Analyst, reviewed the key terms of the Little Theater Agreement. City Council Meeting Page 6 Tuesday, November 17, 1992 - 7:00 P.M. Council inquired about the impacts of the Nipomo Bridge Project on the Children's Museum; they plan to incorporate the bridge project as a learning tool for the children. Moved by 1 n R i to authorize Mayor to execute Agreement A- 127 -92-CC with SLOLT to construct a 300 seat community theater on City -owned property located at 1010 Nipomo Street (4 -0-1, Vice -Mayor Rappa absent). C. Little Theater Library Lease Council considered a proposal from San Luis Obispo Uttle Theater ( SLOLT) to lease a portion of the Old Ubrary Building. Dave Elliott, Administrative Analyst, reviewed the advantages and disadvantages of SLOLTs proposal. Council discussed issues relating to occupancy types for the Ubrary, sprinkler upgrades, and improvements required under different occupancies as well as the condition of the property. They also discussed issues pertaining to rental subsidies, cash investments, property tax issues and bed tax increases relating to the use of the property. Richard Gove, president of SLOLT, asked the City to provide the water from the street to the building and agreed to provide the sprinkler upgrades to the building. Council questioned staff regarding the necessity for the relocation conditions in the proposed agreement as well as equitable funding, burdens for the required sprinkler upgrade. Tuna Wath, 4403 Poinsetta, spoke regarding sprinkler upgrades and protecting the City employees. Moved by Roalman /Dunin to authorize lease agreement negotiations incorporating staff recommendations, excluding provisions for nominal rent forfuture relocation (4-0 -1, Vice -Mayor Rappa absent). 5. STATE WATER PROJECT - WHALE ROCK EXCHANGE (File No. 517) Council considered a report from County staff concerning the exchange of State Water for Whale Rock Water. John Moss. Acting Utilities Director, briefly reviewed the proposal from Cayucos for the water exchange. George Brett, President of Morro Rock Mutual Water Company, spoke in favor of the water exchange. Glenn Priddy, Deputy County Engineer Waterworks District No. 8, also spoke in favor of the water exchange. Council discussed issues relating to the viability of the water bank established by the state. Donald Smith, 1111 Vista Lago, stated the water bank was a fraud and recommended Cayucos wait for Naciemento. Moved by Roalman /Pinard to direct staff NOT to negotiate an exchange of State Water. Motion was lost (2 -2 -1, Council Member Reiss and Mayor Dunin voting no, Vice -Mayor Rappa absent). City Council Meeting Page 7 Tuesday, November 17, 1992 - 7:00 P.M. Moved by Roalman /Pinard to continue this item to date certain Tuesday, December 1, 1992 (4 -0-1, Vice -Mayor Rappa absent). 6. SAUNAS RESERVOIR OWNERSHIP TRANSFER ALTERNATIVES (File No. 1104) Council considered ownership alternatives related to the Salinas Reservoir and alternative of transferring ownership to the County contingent on formulation of an agreement between the City and County protecting the City's concerns. Gary Henderson, Water Division Manager, briefly reviewed the staff report. Council discussed issues relating recreation facilities, maintenance costs and ownership rights. Moved by Roalman /Reiss to authorize agreement formulation with County to transfer ownership (44)- 1, Vice -Mayor Rappa absent). 7. WASTEWATER SLUDGE MANAGEMENT (File No. 92-08) Council considered wastewater sludge (biosolids) management and disposal /reclamation agreement with Pima Gro Systems, Inc. John Moss, Acting Utilities Director, briefly reviewed the staff report. Council discussed how other cities were coping with the problem. Moved by Roalman /Reiss to approve Agreement A- 8492 -CC as recommended by staff (4 -0-1, Vice - Mayor Rappa absent). 8. DISPOSITION OF CITY PROPERTY (File No. 518) Council considered disposition of City property at Stenner Canyon (APN 073- 281 -004). John Moss, Acting Utilities Director, briefly reviewed the history of the property and alternatives that were available to Council. Fred Glick, son of the mobile home owner, spoke in favor of alternative #1 (lease of the property) and spoke in opposition to alternative #5. Council discussed issues relating to future plans for the property and the impacts of various alternatives. Moved by Dunin /Reiss to authorize the City to enter into lease negotiations (3 -1 -1, Council Member Roalman voting no and Vice -Mayor Rappa absent). COMMUNICATIONS COMMA. Gary Henderson updated the Council on the status of the Board of Supervisors actions on State Water. No consensus was achieved. COMM.2. Council Member Pinard requested additional analysis of staffing issues. 1 City Council Meeting Page S Tuesday, November 17, 1992 - 7:00 P.M. Jerry John Dunn and Diane Gladwell expressed their thanks to departing Cou ncil Member ny Reiss and Mayor Ron Dunin. Council Member Reiss expressed his appreciation for the public's participation in Council Meetings and encouraged future participation. 12:10 A.M. there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to date certain Tuesday, December 1, 1992 at 12:00 noon. APPROVED BY COUNCIL- 12/8/92 is a R. GI well,pily Clerk DRG:cm MINUTES SPECIAL MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, NOVEMBER 30, 1992 - 12:00 NOON COUNCIL CHAMBERS - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Council Members Present: Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman and Mayor Dunin Absent: City Staff None Present: John Dunn, City Administrative Officer; Ken Hampian, Assistant Administrative Officer; Jeff Jorgensen, City Attorney; Diane Gladwell, City Clerk; Wayne Peterson, Acting Public Works Director, Jim Gardiner, Police Chief; Arnold Jonas, Community Development Director, Bill Statler, Finance Director BUSINESS ITEMS 1. RESOLUTION OF APPRECIATION - REISS Council considered a Resolution of Appreciation to Council Member Jerry Reiss for his five years of service as a City Council Member. Mayor Dunin presented a Resolution of Appreciation, a plaque and a picture of San Luis Obispo to departing Council Member Jerry Reiss. Moved by Raooa /Pinard, Resolution of Appreciation No. So 94 was adopted (5-0).