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HomeMy WebLinkAbout06/01/1993MINUTES REGULAR MEETING OF THE CITY COUNCIL ' CITY OF SAN LUIS OBISPO TUESDAY, JUNE 1, 1993 - 7:00 P.M. COUNCIL CHAMBER - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL' Council Members Present: Council Members Penny Rappa, Dave Romero, Allen K. Settle, Vice - Mayor Bill Roalman, and Mayor Peg Pinard Absent: None City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Diane Gladwell, City Clerk; Ken Hampian, Assistant City Administrative Officer; Bill Statler, Finance Director; Bob Neumann, Fire Chief; Jim Gardiner, Police Chief; Jim Stockton, Recreation Director; Deb Hossli, Administrative Analyst PUBLIC COMMENT PERIOD P.C.I. George Moylan and Lenny Grant presented housing alternatives for the Emerson School site. ' P.C.2. Lynn Block asked that the BIA's request to utilize $15,000 of the Economic Stability funds.be agendized. CONSENT AGENDA Moved by PinardlSettle the Consent Agenda was unanimously approved as recommended by the City Administrative Officer with the exception of C-3, C-6 and C-16 as noted; motion carried (5-0). C-1 COUNCIL MINUTES Council considered the minutes of Tuesday, April 13, 1993 at 7:00 P.M. Moved by Pinard /Settle to waive oral reading and approve the minutes as amended; motion carried (5-0). C-2 CONTRACT PAY ESTIMATES Council considered contract pay estimates and change orders. Moved by Pinard /Settle to approve contract pay estimates and ordered paid; motion carried (5-0). C-3 TRANSIENT OCCUPANCY TAX (File No. 296) ' Council considered giving final passage to an ordinance increasing the Transient Occupancy Tax from 9% to 10% effective October 1, 1993 (continued from 4/27/93 and 5/18/93). City Council Meeting Page 2 Tuesday, June 1, 1993 - 7:00 P.M. 1 Moved by Pinard /Settle to give final passage to Ordinance No. 1232; motion carried (3-2, Council Member Settle and Mayor Pinard voting no). C-4 ZONING REGULATIONS AMENDMENT (File No. 463) Council considered giving final passage to an ordinance amending Table 9 (Zoning Use Matra) of the zoning regulations (continued from 5/11/93). Moved by Pinard /Settle to give final passage to Ordinance No. 1235; motion carried (5-0). C-5 ZONING AMENDMENT - SANTA BARBARA STREET (File No. 462) Council considered giving final passage to an ordinance rezoning a site at the comer of Broad and Santa Barbara Streets from Service- Commercial (C-S) to Public Facility (PF); continued from 5/18/93. Moved by Pinard /Settle to give final passage to Ordinance No. 1236; motion carried (5-0). C-6 ROSEMONT PROJECT (File No. 463) Council considered giving final passage to an ordinance confirming the negative declaration of environmental impact, adding the planned development (PD) zone to the existing conservation /open space zone with a forty acre minimum parcel size (C-OS -40), and approving the revised preliminary development plan with appropriate findings and conditions (continued from 5/28/93). Arnold Jonas. Community Director, reviewed the applicant's request for withdrawal, and 1 stated that Council had the ability to return the urban reserve line to its former state. Moved by Roalman /Settle to accept applicant's withdrawal; motion carried (5-0), Moved by Roalman /Settle to direct staff to return to Council with an item to make the urban reserve line where it was before this project; motion carried (3-2, Council Member Rappa and Romero voting no). C-7 PERSONNEL BOARD BY -LAWS (File No. 612) Council considered revisions to the Personnel Board's By -Laws. Moved by Pinard /Settle to approve revisions; motion carried (5-0). C-8 APPROPRIATION LIMIT FOR FY 1993 -94 (File No. 233) Council considered the Appropriation Limit for Fiscal Year 1993 -94. Moved by Pinard /Settle to adopt Resolution No. 8174 establishing Appropriation Limit; motion carried (5-0)• C-9 HISTORIC PROPERTY - 1105 GEORGE STREET (File No. 457) Council considered of a recommendation by the Cultural Heritage Committee nominating the property at 1105 George Street to the City's Master List of Historic Resources; Davin Gallagher, property owner. City Council Meeting . Page 3 i. Tuesday, June 1, 1993 - 7:00 P.M. ' Moved by Pinard /Settle to adopt Resolution No. 8175 amending the Master List of Historic Resources to add a house located at 1105 George Street; motion carried (5-0). C-10 BIKE LANE PROJECT (File No. S-41A) Council considered awarding a contract for "Bike Lane /Street Resurfacing Project, Santa Rosa and Santa Barbara Streets ", City Plan No. S-41A. Moved by Pinard /Settle to approve and authorize the Mayor to execute a contract (A- 21- 93-CC) with R. Burke Corporation in the amount of $204,205.00; motion carried (5-0). C-11 FEE WAIVER- 1203 PISMO STREET (File No. 407) Council considered a request to waive fee for a new application for architectural review of an apartment addition to a site containing a one - bedroom house at 1203 Pismo Street (related to Council action on 4/20/93). Moved by Pinard /Settle to waive the $650 Architectural Review application fee; motion carried (5-0). C-12 WATER RECLAMATION FACILITY PROJECT (File No. 93-18) Council considered plans and specifications for °Water Reclamation Facility Hazardous Materials Building°, Specification No. 93-18, estimated to cost $25,000. Moved by Pinard /Settle to approve plans and specifications, authorize staff to solicit bids and authorize CAO to award contract to the lowest responsible bid within engineer's estimate; motion carried (5-0). C-13 BIA ADMINISTRATOR CONTRACT (File No. 471) Council considered an employment contract renewal for Lynn Block, BIA Administrator. Moved by Pinard /Settle to adopt Resolution No. 8176 approving the Agreement No. A- 42 -93-CC with Lynn Block for one year beginning July 1, 1993; motion carried (5-0). C-14 WATER & WATER RECLAMATION PLANTS CHEMICAL BIDS (File No. 93-20) Council considered specifications for 1993 -95 Water and Water Reclamation Treatment Chemicals estimated to cost $289,000 in 93/94 and $317,800 in 94/95. Moved by Pinard /Settle to approve specifications for chemical bids, authorize staff to solicit for bids, and authorize CAO to award a contract to the lowest responsible bid within engineer's estimate; motion carved (5-0). C-15 SWIM CLUB AGREEMENT (File No. 811) Council considered an agreement between the City of San Luis Obispo and San Luis Obispo Swim Club, Inc., for use of the SLO Swim Center for a period of one year beginning July 1, 1993. Moved by Pinard /Settle to adopt Resolution No. 8177 approving Agreement No. A-43- 93-CC; motion carried (5-0). City Council Meeting Page 4 Tuesday, June 1, 1993 - 7:00 P.M. C-16 HOMELESS SHELTER (File No. 1046) Council considered advancing $4,000 in expected 1993 -94 Homeless Shelter funding to the Economic Opportunity Commission to keep the shelter open the last two weeks for the fiscal year. Moved by Pinard /Settle to remove this item from consideration as requested by the applicant; motion carried (5-0). C-17 CABLE TELEVISION ORDINANCE (File No. 143) Council considered giving final passage to an ordinance governing cable television operators in the City. Moved by Pinard /Settle to give final passage to Ordinance No. 1238; motion carried (5-0). C-18 SOUTHERN CALIFORNIA GAS COMPANY SITE ASSESSMENT (File No. 93-11) Council considered awarding a contract for the execution of Phase I and Phase II Environmental Site assessment for the Southern California Gas Company Property located at 2160 Santa Barbara Street. Moved by Pinard /Settle to approve the award and authorize the Mayor to execute a contract with Science and Engineering Analysis Corporation (SEACOR) in the amount of $11,480; motion carried COUNCIL LIAISON REPORTS , C.L.R.1. Council Member Rapp requested support at COG in opposing a regional transportation proposal; Council authorized CAO John Dunn to represent the City's position. PUBLIC HEARINGS TRANSPORTATION DEVELOPMENT FEES (File No. 525) Council held a public hearing to consider implementing transportation development impact fees calculated under the standards of AB 1600 with a recommended fee for a single family residence of $2,152 with fees for non - residential projects varying based on land use type and square footage (continued from 4/6/93 and 4/27/93). John Dunn, City Administrative Officer, reviewed budgetary problems and alternatives for financing infrastructure improvements. Bill Statler, Finance Director, stated they had worked with the development community in developing the program and fees. David M. Griffith. consultant, reviewed the development of the Transportation Impact Fee Study which Identified three types of projects: streets, transit and bikeways. The cost per trip was developed, weighting existing benefit and new development needs. Council discussed the methodology and assumptions in the report, which assumed a service level , equivelent to present levels. City Council Meeting Page 5 Tuesday, June 1, 1993 - 7:00 P.M. ' Joe Colgan. representing David M. Griffith, stated that new development drove the need for additional traffic improvements. Council discussed timing, equity of the fees and other cities' methodologies. Mayor Pinard declared the public hearing open. Don Hubbard representing the Business Coalition, spoke in opposition, stating that the fee would discourage economic help health. Dennis Marasco. 641 Higuera, President of the Building Industry Association, stated the fees were premature and opposed bike paths, and asserted that the economy could not afford the fees. After questioning, he stated that the fees would make it unaffordable to build, and the Association would consider trade -offs to the fees, including curtailing processing time and taking risk out of the development process. Maggie Cox. 270 Foothill Blvd., representing the San Luis Obispo Manufacturers and Distributors Coalition, spoke in opposition stating there were no provisions for manufacturing industry and the fees would be disastrous to businesses. Upon questioning, she suggested a credit list for innovative programs. Carol Florence, representing the San Luis Obispo Property Association, stated that the fees would negatively impact job growth in the City and suggested the issue be referred to the Economic Strategy Task Force (ESTF). ' Terry Westrooe, representing the hotel industry, spoke in opposition based on renovation costs. Upon questioning, Bill Statler, Finance Director, stated that the fees would not apply to renovations unless the project added more rooms, in which case the fee would just be applied to the new rooms. Randy Rea. 1088 Higuera, representing the Copeland's project, expressed apprehension about being penalized for new buildings when they were replacements. Bill Statler, Finance Director, clarified that if buildings were rebuilt within two years, they received a credit for the previous structure. Peter Terhune, Palm Street Enterprises, expressed his apprehension of the fees and the provision for Council to hear all appeals. Bryan Cook 785 Islay, stated he just purchased a home in the Villa Rosa project and would not have been able to qualify for a higher price. Lyle Meek, 551 Stanford, suggested using sales tax revenues as the financing alternative. Andrew Merriam, San Luis Obispo, spoke in opposition to the fees and suggested sending the issue to the ESTF. Steven Barasch, 225 Prado Rd., spoke in opposition of the fees, stating that growth paid for its own ' infrastructure. 9:13 P.M. Mayor Pinard declared a recess. City Council Meeting Page 6 Tuesday, June 1, 1993 - 7:00 P.M. 9:35 P.M. City Council reconvened; all Council Members present. Suzanne Yost, Vice-President in charge of legislation for the Chamber of Commerce, reviewed sales tax revenue losses, a breakdown of fees to build a project, and opposed the fee as an unfair burden on a struggling industry. Charlie Fruit Chair of the ESTF, reviewed the task force's proposal to review the fees. Pat Vaasa rt. representing the Alternative Transportation Task Force of the Sierra Club, stated that the impact fee was justified, but there should be an exception for low or very-low income housing. Jeffrey Emerick American Institute of Architects, suggested revision to eliminate Inconsistencies. Mayor Pinard declared the public hearing closed. Council discussed concerns about the fairness, appropriateness, and the timing of the fees, impacts on industry and the economy, and the need to provide revenues to build infrastructure. Moved by RanoafRorn to refer this issue to Economic Strategy Task Force (ESTF) to return to Council in approximately 120 days; ESTF to explore 1) Is basic fee appropriate ?; 2) If not, what fee is appropriate ?; 3) If fee is appropriate, how to minimize impact?; motion carried (5-0). 2. REZONING & SUBDIVISION - MARIGOLD PROJECT (File No. 463) Council held a public hearing to consider 1) a request to amend the zoning map from C-S-S, C44-SP and R -S-SP to C-S-PD to allow a mixed -use shopping center at 3950 Broad Street; and 2) a request to subdivide a 17.2 acre parcel Into six parcels; Marigold Partners, applicant. Arnold Jonas. Community Development Director, briefly reviewed the report. Mayor Pinard declared the public hearing open. Victor Montgome!X representing the applicants, reviewed the history of the project and neighborhood meetings. Rather than provide housing on the project site, the partners had agreed to give the Housing Authority $100,000 upon implementation. He stated that the partners objected to Condition #22 of the Ordinance, and Condition #6 of the Resolution, which were traffic impact fees. Council inquired about right and left turn access into the project and how the neighborhood concerns had been resolved; parking spaces and storage for bulk materials. Various safety aspects of the project were discussed including housing within the project. The applicant stated that they opposed the housing because of the complicated financial arrangements required by residential and commercial loans. Council discussed providing walkways in front of cars and improving the amenities of the detention basin to provide for a children's play area. Victor Montgomery , representing the applicant, stated that they would build the children's play area 1 If the City would provide liability coverage, maintenance, and handicapped access. City Council Meeting Page 7 Tuesday, June 1, 1993 - 7:00 P.M. Brian Christensen. 818 Pismo St., stated that it was standard to require a recreation facility in detention basins. He stated that this was a regional center, and that the PD designation must be consistent with the Land Use Element and should be unique; but this proposal was common, non - imaginative, and undervalued In landscaping. James Stews R 618 Michelinda, Arcadia, stated that he was very proud of the project, and it was sensitive to the community. Carol Brown, 808 Data, stated that the children's play area proposed In the water detention basin would not be safe because It was too deep, and that the Homeowner's Association does not want the Iiabifity. She expressed concerns about Increased traffic on Tank Farm Road and crossing to the north side. Arnold Jonas. Community Development Director, stated Engineering had reviewed traffic Impacts and determined that changes were not warranted. Mayor Pinard declared the public hearing closed. Arnold Jonas. Community Development Director, clarified that the PD designation only required one finding of unique characteristic. Council discussed Condition #4 requiring that market operations cease in the old location before the ' new one is occupied. Mayor Pinard stated that If the existing language was used, that It should indicate that it Is not meant to prohibit use (of the detention basin) Imperpituity; applicant agreed. After discussion, moved by Range /Rome to introduce to print Ordinance No. 1240 as amended to delete Condition #22; and adopt Resolution No. 8178 as amended to delete Condition #6; motion carried (4-1, Mayor Pinard voting no). 3. LOT LINE ADJUSTMENT - LUNETA DRIVE (File No. 532) Council held a public hearing to consider a lot line adjustment creating a flag lot and a standard lot from two standard lots at 585 and 593 Lunsta Drive; Gilbert R. Moore, applicant. Moved by Settle /Roalman to continue this item at the applicant's request to Tuesday, June 15, 1993 at 7:00 P.M.; motion carried (5-0). 4. WATER FUND RATE REVIEW (File No. 516) Council held a public hearing to consider setting water service charges for 1993 -94 and 199495. Bill Statier. Finance Director, briefly reviewed the need to raise an additional $300,000 per year and stated that 46% of the proposal was attributable to ground water supplies. John Moss. Acting Utilities Director, stated that they had lost the use of the Auto Park well last year, and the Denny's well had increasing nitrate problems which would place additional reliance on surface supplies. City Council Meeting . Page 8 Tuesday, June 1, 1993 - 7:00 P.M. Council discussed the accuracy of the City's safe annual yield and annual water demand figures. Jeff Jorgensen, City Attorney, stated that the City must perfect its right to appropriate ground water N it wants to utilize that source of water in the future. Council discussed delays In Salinas Dam and incentives to hold down costs in the enterprise fund. Mayor Pinard declared the public hearing open. No one spoke for or against this item. Mayor Pinard declared the public hearing closed. Council discussed deferring or eliminating the treatment proposed for the Auto Park well, and the Impacts of the multi- source approach to water supplies. John Dunn. City Administrative Officer, stated that the City's groundwater supplies saved the City during the drought from building a de- salinization plant. In times of drought, the City could use up to 1,500 acre feet of groundwater; the City needed to maintain control over the supply. Moved by RoalmanjRaoga to adopt a resolution increasing water rates by 6% effective July 1, 1993; motion tailed (2-3, Council Members Romero, Settle and Mayor Pinard voting no). After discussion, moved by Rama lRomero to continue this item to Tuesday, July 20, 1993; motion ' carried (5-0). BUSINESS ITEMS 5. ARC APPOINTMENT (File No. 123) Council considered an appointment to the Architectural Review Commission to fill an unexpired term. Moved by Romero /Settle to appoint Geneva Dingas to Till an unexpired term ending March 31, 1996; and to thank Bruce Sievertson for serving the City and the Architectural Review Commission; motion carried (5-0). 6. CHC APPOINTMENT (File No. 123) Council considered an appointment to the Cultural Heritage Committee to fill an unexpired tern. Moved by Roalman /Romero to appoint Jim Danaher to till an unexpired term ending March 31, 1996; to thank Jack Lewis for serving the City and the Cultural Heritage Committee; motion carried (5-0). Mayor Pinard adjourned the meeting to the Capital Improvement Board E I 1 City Council Meeting Tuesday, June 1, 1993 - 7:00 P.M. CALL TO ORDER ANNUAL MEETING OF THE CAPITAL IMPROVEMENT BOARD Diane Gladwell, Secretary, called the Roll Call; Board Member Peg Pinard resided. ROLL CALL: Page 9 Present: Board Members Peg Pinard, Penny Rappa, Dave Romero, Bill Roalman and Allen K. Settle Absent: None 7. CAPITAL IMPROVEMENT BOARD (File No. 242) The annual meeting of the Capital Improvement Board-was held. Bill Statler, Finance Director, briefly reviewed the report with the recommendation that Council approve the minutes, elect officers, and adjourn the meeting. Moved by Settle/Roalman to approve the minutes of the June 16, 1992 meeting; to elect Peg Pinard as President, Bill Roalman as Vice- President; and to adjourn to the next regularly scheduled meeting; motion carried (5-0). 12:05 A.M. President Pinard adjourned the meeting. Peg Pinard, President is R. Glad ell, S etary COMMUNICATIONS COMM.1. Mayor Pinard introduced a request from the Visitor's and Conference Bureau (VCB) for San Luis Obispo to become a Sister City to Maebaru, Japan; Mayor authorized to send a letter to the VCB inviting them to develop and staff a program (general consent). COMM.2. Council Member Raooa requested a letter asking the County to gather information on existing solid waste reduction programs at Cal Poly, CMC and Camp San Luis (general consent). COMM.3. Mayor Pinard requested that a policy be developed to reduce the number of motorized vehicles in parades; Mayor authorized to send a letter and begin dialogue to de- emphasize motorized entries (general consent). COMMA. John Dunn. City Administrative Officer, asked if BIA's funding request from Economic Development funds should be agendized; Council indicated agreement (general consent). 1 12:32 A.M. Mayor Pinard declared a recess to closed session regarding real property negotiations pertaining to the Munch Estate, 322 Bullet Lane. City Council Meeting Page 10 Tuesday, June 1, 1993 - 7:00 P.M. 12:40 A.M. City Council reconvened to open session to report no action taken. 12:41 A.M. there being no further business to come before the City Council, Mayor Pinard adjourned the meeting to Wednesday, June 2, 1993 at 7:00 P.M. Iz APPROVED BY COUNCIL: 7/6/93 i e R. Gladwell Clerk DRG:cm MINUTES STUDY SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, JUNE 2, 1993 - 7:00 P.M. COUNCIL HEARING ROOM - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Council Members Present: Council Members Penny Rappa, Dave Romero, Allen K. Settle, and Vice -Mayor Bill Roalman Absent: Mayor Peg Pinard ' City Staff Present: John Dunn, City Administrative Officer, Jeff Jorgensen, City Attorney; Diane Gladwell, City Clerk; Ken Hampian, Assistant City Administrative Officer, Mike McCluskey, Public Works Director; Arnold Jonas, Community Development Director; Bill Statler, Finance Director, Bob Neumann, Fire Chief; Ann Slate, Personnel Director; Jim Gardiner, Police Chief; Jim Stockton, Recreation Director; John Moss, Acting Utilities Director PUBLIC COMMENT PERIOD There were no public comments. STUDY SESSION INTRODUCTION John Dunn. City Administrative Officer, reviewed the proposed reduction of 30.7 positions and the strategies proposed to dose the $3.3 million revenue /expenditure gap. 2. FOLLOW -UP SINCE LAST BUDGET WORKSHOP (File No. 233) Council discussed various strategies and efforts to reduce state funding reductions.