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Home My WebLink About04/13/1993MINUTES ADJOURNED MEETING OF THE CITY COUNCIL 1 CITY OF SAN LUIS OBISPO TUESDAY, APRIL 13, 1993 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Council Members Present: Council Member Penny Rappa, Dave Romero, Allen K. Settle, vice- Mayor Bill Roalman, and Mayor Peg Pinard (arrived at 7:07 P.M.) Absent: None City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Diane Gladweli, City Clerk; Ken Hampian, Assistant City Administrative Officer; Mike McCluskey, Public Works Director; Ron Whisenand, Development Review Manager; Gary Henderson, Water Division Manager PUBLIC COMMENT PERIOD There were no public comments. CONSENT AGENDA Moved by Settle /Raooa to approve the Consent Calendar as recommended by the City Administrative Officer; motion carried (4 -0-1, Mayor Pinard not present). C-1 COUNCIL MINUTES Council considered approval of the following minutes: Tuesday, February 2, 1993 at 7:00 P.M., Saturday, February 8, 1993 at 9:00 A.M., and Tuesday, February 9, 1993 at 7:00 P.M. Moved by Settle /Rama to waive oral reading and approve the minutes; motion carried (4 -0-1, Mayor Pinard not present). STUDY SESSION SOURCE REDUCTION & RECYCLING ELEMENT (File No. 482) Council considered a report on the draft Source. Reduction and Recycling Element (SRRE). Mayor Pinard entered Council Chambers at 7:07 P.M. 1 John Moss, Utilities Director, and Cyndi Butterfield, Solid Waste Coordinator, reviewed the proposal for regional implementation, activities, and responsibilities. City Council Meeting Page 2 Tuesday, April 13, 1993 - 7:00 P.M. 1 Council clarified that this was a state mandate that was not funded by the state. Council discussed issues relating to increased fees, the creation of a separate government administrative structure, regional duplication of programs and efforts, including three alternatives for implementation structures that included the formation of a district, the designation of a lead agency, or a joint powers authority, which was the task force's recommendation. Steve Devencenzi. Council of Governments, stated that one year ago the Council determined the joint powers authority to be the best approach. 8:27 P.M. Mayor Pinard declared a recess. 8:45 P.M. Council reconvened; all Council Members present. PUBLIC HEARING 2. CONDOMINIUM WATER METERS (File No. 463) Council held a public hearing to consider amending the subdivision regulations relating to water service connections and tentative map time extensions (continued from 4/6/93). Ron Whisenand, Development Review Manager, reviewed the proposed ordinance. Gary Henderson, Water Division Manager, stated that when an apartment is built it only has one owner, therefore, only one meter; conversion to condominiums requires separate - meters. Council discussed past problems with apartment dwellers determining who used water, and potential maintenance problems. Mayor Pinard declared the public hearing open. No one spoke for or against the item. Mayor Pinard declared the public hearing closed. Council discussed staff's discretion in allowing applicants to apply for single meters for apartment complexes when they anticipate condominium conversion. Moved by Roalman /Settle to introduce to print Ordinance No. 1231 adopting a negative declaration of environmental impact and amending Section 16.16.180 and 16.36.250 of the subdivision regulations; motion carried (5-0). BUSINESS ITEMS 3. WATER ALLOCATION EXEMPTION (File No. 512) Council considered a request to 1) exempt construction of a car dealership at 12350 Los Osos Valley Road from water allocation /offset requirement; and 2) waive capital facility fees for water, sewer, and a traffic signal (continued from 4/6/93). 1 Ron Whisenand, Development Review Manager, reviewed the request. City Council Meeting r. Page 3 Tuesday, April 13, 1993 - 7:00 P.M. Mayor Pinard declared the public hearing open. Brian Star. 641 Higuera Street, representing John Franghi, reviewed the history of the project, and difficulties. Mayor Pinard declared the public hearing closed. Council discussed goals for the auto center, benefits and costs of the project, and water programs. Jeff Jorgensen. City Attorney, stated that ground water under the property is a property right. Council Member Settle verified that the owner cannot become a purveyor of the ground water but must use it for their own right. Mayor Pinard stated her concern was that other communities have experienced legal trouble with their municipal water supplies when they haven't kept track of the cumulative effect of people dropping wells on private property. Vice -Mayor Roalman stated he thought the amount of water that would be used on this site is negligible; a couple acre feet possibly and, from our readings, I understand that people do have a right to sink wells in their property. Jeff Jomensen, City Attorney, indicated that the motion in front of the Council would reinstate the water element policy °the City does not encourage but may consider wells to provide domestic water for a private development. Such wells may only be used.. " (lists four criteria). Moved by Settle / oalman to rescind previous policy not to consider individual exemption requests; motion carried (4-1, Mayor Pinard voting no). Moved by Romero /Roalman to adopt Resolution No. 8153 determining that the request is categorically exempt from environmental review as a minor change to land use regulations and approve the retrofit exemption request subject to confirmation prior to issuance of a building permit; motion carried (5-0). Council discussed utilizing economic development funds for fee contributions, and extending assistance to other businesses. Moved by Roalman /Settle to authorize a fee contribution from Economic Development Funds not to exceed $14,500 for auto dealerships that relocate to the existing City designated Auto Center on Los Osos Valley Road; motion carried (3-2, Council Members Rappa and Romero voting no). 4. GRAND AVENUE RECONSTRUCTION (File No. 532) Council considered the design of the Grand Avenue Reconstruction Project which includes bicycle lanes, parking and median adjustments (continued from 4/6/93). Mike McCluskev. Public Works Director, reviewed the project. Council discussed traffic flows, the future Performing Arts Center, landscaping expense for the medians, and parking impacts. City Council Meeting Page 4 Tuesday, April 13, 1993 - 7:00 P.M. Loretta Doukas, 411 Grand Avenue, spoke in opposition of the project stating that it would have negative impacts on parking in the area. Pat Veesart. San Luis Obispo, supported the project. Cynthia Bosch, San Luis Obispo, spoke in support of the two-lane option utilizing shuttles for events. Moved by Settle /Raooa to approve design for the Grand Avenue reconstruction projects and recommended roadway improvements for implementation during fiscal year 1993 -94; to return with landscape improvements; motion carried (3-2, Vice -Mayor Roalman and Mayor Pinard voting no). Moved by Raopil/Roalman to authorize staff to move forward with landscape plans as listed in Exhibit B; motion carried (4-1, Council Member Settle voting no). 5. WOMEN'S SHELTER FUNDING (File No. 1012) Council clarified direction regarding the City's intent to commit up to $198,000 in existing Community Development Block Grant resources toward the acquisition of the Women's Shelter. Lam Campbell. Director of the Women's Shelter, stated he was supportive of going to other cities jointly with the City of San Luis Obispo, or to work with the Housing Authority to raise the $117,000. Council discussed issues pertaining to property ownership, the Housing Authority, and expediting the 1 Housing Element. After discussion, moved by Roalman / Pinard to approve the intent to commit to up to $198,000 for the acquisition of the Women's Shelter including future CDBG funds, with the understanding that the Women's Shelter will work with other agencies to raise the additional funds needed to meet the acquisition costs; motion carried (4-1, Council Member Settle voting no). COMMUNICATIONS COMMA. At the request of City Clerk Diane Gladwell, Council clarified policy relating to Council Members attending Advisory Body meetings as Council Members being encouraged to attend, assist in the process, but not influence the decision; to be incorporated in Council Policies and Procedures. COMM.2. Mayor Pinard requested staff to return to Council with legislation pertaining to interior sign illumination near residential areas (general consent). COMM.3. Council Member Settle asked that the City Attorney hold the development property transfer tax issue until after the budget; John Dunn, City Administrative Officer, stated the item was %;siting for a court clarification. 11:10 P.M. there being no further business to come before the City Council, Mayor Pinard adjourned 14 meeting. APPROVED BY COUNCIL 6/1/93 ' ne R. ladwel ltY Clerk 1 DRG:cm