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Home My WebLink About07/06/1993MINUTES CLOSED SESSION OF THE CITY COUNCIL ' CITY OF SAN LUIS OBISPO TUESDAY, JULY 6, 1993 - 6:00 PM 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; Council convened in dosed session to discuss litigation issues and real property negotiations. 7:00 PM Mayor Pinard convened the session to regular meeting. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 6, 1993 - 7:00 PM 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; Mike McCluskey, Public Works Director; Arnold Jonas, Community Development Director Jeff Jorgensen. City Attorney, reported that Council had met in closed session regarding litigation pursuant to Government Code Section 54956.9: Title: Los Osos Valley Associates v. City of San Luis ' Obispo and authorized an appeal to the 2nd District Court of Appeals; and real property negotiations regarding 314 -319 Higuera, Mr. Mathews, and authorized continuing discussions. City Council Meeting Tuesday, July 6, 1993 - 7:00 P.M. PUBLIC COMMENT PERIOD Page 2 P.C.I. Cliff Branch reviewed problems with visual impacts to southern entrance to the City (Highway 101). P.C.2. Gregory Campbell stated his concern regarding Mission Plaza and the homeless. CONSENT AGENDA- Moved by Roalman/Rappa to approve the Consent Agenda as recommended by the City Administrative Officer with the exception of C-11 as noted; motion carried (5-0). r - C-1 COUNCIL MINUTES Council considered the minutes of: Tuesday, May 18, 1993 at 6:30 P.M.; Tuesday, May 18, 1993 at 7:00 P.M.; Tuesday, June 1, 1993 at 7:00 P.M.; Wednesday, June 2, 1993 at 7:00 P.M.; Tuesday, June 8, 1993 at 7:00 P.M.; and Wednesday, June 9, 1993 at 7:00 P.M. Moved by Roalman/Rappa to waive oral reading and approve the minutes; motion carried (5-0). C-2 CONTRACT PAY ESTIMATES Council considered contract pay estimates and change orders. Moved by Roalman/Ranna to approve and order paid as recommended; motion carried (5-0). C-3 SLOCOG TRANSFER OF STATUS :1 Council considered transfer of applicant status from the SLOCOG to the City of San Luis Obispo for Proposition 116 grant applicants. Moved by Roalman /Rapp@ to adopt Resolution 8185 approving transfer of applicant status; motion carried (5-0). C-4 MODIFIED WATER RATES FOR CUESTA COLLEGE Council considered Amendment No. 1 to the agreement for sale of water to San Luis Obispo County Community College District (Cuesta College) setting a water rate methodology. Moved by Roalman /Rapp@ to approve and authorize Mayor to execute Amendment No. 1; motion carried (5-0). 1 City Council Meeting Page 3 Tuesday, July 6, 1993 - 7:00 P.M. C-5 PERS SERVICE CREDIT AMENDMENT Council considered giving final passage to an ordinance amending the Public Service Employees' Retirement System contract to provide two additional years service credit for certain members (continued from 6/9/93). Moved by Roalman /RaDOa to give final passage to Ordinance No. 1241; motion carried (5-0). C-6 SIGN REGULATIONS AMENDMENT Council considered giving final passage to an ordinance amending the City Sign Regulations relating to sign Illumination within the City's Office (0) zoning districts (continued from 6/15/93). Moved by Roalman /Rappa to give final passage to Ordinance No. 1242; motion carried (5-0). C-7 TERMINATION OF GROUND LEASE Council considered termination of assignment of ground lease of City property by San Luis Obispo County YMCA, Inc., to Commerce Bank of San Luis Obispo (City Property 1020 Southwood Drive). Moved by Roalman /Raooa to adopt Resolution No. 8186 approving termination of assignment. 1 C-8 CITY /COUNTY LIBRARY HOURS Council considered Amendment #1 to the City /County Library Joint Powers Agreement (JPA) reducing the hours of operation of the library from 54 hours per week to 50 hours per week beginning July 12, 1993; motion carried (5-0). Moved by Roalman /Raopa to approve and authorize Mayor to execute Amendment No. 1; motion carried (5-0). C-9 TIME EXTENSION - TRACT 1848 Council considered a request for a one -year extension of the time to file the final map for a subdivision creating a 32 -unit airspace condominium on the west side of McMillan Avenue, north of Orcutt Road (2925 and 2995 McMillan Avenue); Roger Brown, Jack Foster, subdividers. Moved by Roalman /Raooa to adopt Resolution No. 8187 granting the request for a one -year time extension; motion carried (5.0). C-10 BIA FUNDING AGREEMENT Council considered an agreement with the Downtown Business Improvement Association for $15,000 in 1992 -93 Economic Stabilization funding or order to carry out a business retention program (continued from 6/15/93). City Council Meeting Page 4 Tuesday, July 6, 1993 - 7:00 P.M. Moved by Roalman/Raooa to approve and authorize Mayor to execute Agreement No. A- 47- 93-CC; motion carried (5-0). C-11 WOMEN'S SHELTER Council considered an agreement with the Women's Shelter to provide $198,000 toward the purchase of their facility. Council Member Romero expressed concerns about. the funding approach, and asked what the consequences were if the Women's Shelter could not raise the $118,000 balance. Jeff Jorgensen, City Attorney, stated the Shelter could ask for additional funds from the City. Council discussed the appropriateness of funding from other agencies, since the shelter cares for many County residents, and concerns if the City would eventually own the property. Moved by RaopafRoalman to approve and authorize Mayor to execute Agreement No. A- 48- 93-CC; motion carried (5-0). C-12 AIRPORT AREA NEGOTIATIONS SUBCOMMITTEE Council considered designating Council Members Roalman and Romero as participants in negotiations regarding the Airport Area Annexation. 1 Moved by Roalman/Rappa to approve Council Members Roalman and Romero as Council Subcommittee to the Airport Area Annexation meetings; motion carried (5-0). C-13 PROPERTY TAX DISTRIBUTION Council considered an alternative method of distributing property tax levies and assessments by the County of San Luis Obispo. Moved by Roalman/Raooa to adopt Resolution No. 8188 approving an alternative method of distributing property tax levies; motion carried (5-0). COUNCIL LIAISON REPORTS C.LR.1. Council Member Raooa encouraged Council to ride on the demonstration of the high- speed tilt train on July 13th. PUBLIC HEARINGS 1. TREE APPEAL - MARLENE DRIVE Council held a public hearing to consider an appeal by Richard Kriet of a Tree Committee decision to deny a request to remove a Monterey Pine tree located at 206 Marlene Drive. City Council Meeting Page 5 Tuesday, July 6, 1993 - 7:00 P.M. ' Mike McCluskev, Public Works Director, reviewed the process leading to the appeal before Council and current status of the tree. Mayor Pinard declared the public hearing open. Richard Kriet. 206 Marlene Dr., stated that there was beetle damage to the tree, and the tree was lifting the patio and sidewalk. He began the tree removal request because he wanted to replace the retaining wall, and described various procedural problems he encountered during the process. When questioned, he stated he intended to replace the tree. Mayor Pinard declared the public hearing closed. Council discussed the beetle infestation and condition of the tree, damage to surrounding structures and drainage problems. Moved by Roalman /Settle to adopt Resolution No. 8189 as amended approving the tree removal request; motion carried (5-0). 2. MINOR SUBDIVISION 3963 POINSETTIA Council held a public hearing to consider a request for a tentative map creating three lots from one lot and approving an exception to average depth requirement for one lot, at 3963 Poinsettia Street (Minor Subdivision MS 62 -93); French Bros. Development Co., subdivider. Moved by Settle /Romero to continue this item to Tuesday, July 20, 1993. BUSINESS ITEMS 3. EMISSION REDUCTION OF OZONE DEPLETING SUBSTANCES Council considered 1) developing City policy to reduce emissions of ozone depleting substances (ODS) within the City organization; 2) generating an in -house information and education program; and 3) working with the Air Pollution Control District (APCD) to develop regional programs aimed at control and reduction of ODS's. Cyndi Butterfield. Solid Waste Coordinator, reviewed the policy and its implementation. Council discussed the staff time and expense of the program, the impact on the City organization and current policies. Rod Idler, 2250 King St., spoke about State requirements and awareness of City operations. Moved by Romero/Rapp to approve the development of a City policy to reduce emissions of ozone depleting substances (ODS) within the City organization; to generate an in -house information and education program; and to work with the Air Pollution Control District to develop regional programs aimed at control and reduction of ODS's; motion carried (5-0). 1 City Council Meeting Page 6 Tuesday, July 6, 1993 - 7:00 P.M. 4. URBAN COMMUNITY DEVELOPMENT BLOCK GRANT Council considered a Cooperation Agreement with the County of San Luis Obispo regarding City participation in the Urban County Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development (HUD). Jeff Hook. Associate Planner, reviewed the process and stated they estimated receiving $800,000 in funds for the City in early 1994. Council discussed administrative costs, County processing of City requests and impacts of that approach, the ability to withdraw from the agreement and approaches to ensure control. Moved by Settle /Roalman to adopt Resolution No. 8190 as amended; Section 3 add: 'consistent with City policies and the General Plan "; authorizing the Mayor to sign Agreement No. A- 49- 93-CC; transmittal letter setting forth the City's interests in participating in agreement; motion carried (5-0). 5. ARC APPOINTMENT Council considered an appointment to the Architectural Review Committee to fill an unexpired term. Council Member Romero summarized the Subcommittee's recommendation. Moved by Romero /Settle to appoint Laura Joines to an unexpired term commencing 8/1/93 and ending 3/31/96; motion carried (5-0). 6. PLANNING COMMISSION APPOINTMENT Council considered an appointment to the Planning Commission to fill an unexpired term. Vice -Mayor Roalman summarized the Subcommittee's recommendation. Moved by Roalman /Pinard to appoint Sandi Sigurdson to fill an unexpired term ending 3/31/94; motion carried (5-0). COMMUNICATIONS COMMA. Mayor Pinard requested staff be directed to explore utilization of retention basins (general consent). COMM.2. Mayor Pinard requested staff be directed to explore parking lot issues, physical design and land uses of shopping centers (general consent). 9:13 P.M. there being no further business to come before the City Council, Mayor Pinard adjourned the meeting to Tuesday, July 13, 1993 at 7:00 P.M. APPROVED BY COUNCIL: 8/17/93 1 ne R. GI dwell, ' y Clerk DRG:cm