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01/17/1995CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 17, 1995 - 6:00 PM CITY HALL - COUNCIL HEARING ROOM - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams, Vice -Mayor Dave Romero and Mayor Allen Settle Absent: None City Staff Present: John Dunn, City Administrative Officer, Jeff Jorgensen, City Attorney A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (pursuant to Government Code Section 54956.9) Name of Case: Dunlap v. City of San Luis Obispo. WCAB No. GRO122" B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (pursuant to Government Code Section 54957) Title: City Clerk Consultant: Dan McFadden i 7:00 PM Mayor Settle declared a recess to open session in the Council Chamber ,49re a public report of the action taken in closed session would be given. z APPROVED BY COUNCIL: DRG:jsb MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 17, 1995 - 7:00 PM CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: City clerk Council Members Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams, Vice -Mayor Dave Romero and Mayor Allen Settle City Council Meeting Tuesday, January 17, 1995 - 7:00 p.m. Absent: None City Staff Page 2 Present: John Dunn, City Administrative Officer; Diane Gladwell, City Clerk; Jeff Jorgensen, City Attorney; Ken Hampian, Assistant City Administrative Officer, Mike McCluskey, Public Works Director; Arnold Jonas, Community Development DirectortB Neumann, Fire Chief Jeff Jorgensen. City Attorney, reported the Council met in closed session and authorized a settlement of $25,382 in the case of Dunlap v. City of San Luis Obispo, and regarding the performance evaluation of the City Clerk. PUBLIC COMMENT PERIOD P.C.I. Geoff Wea, Field Representative of Assemblyman Jack O'Connell, introduced himself and Invited the Council to their Open House on 2/17195. CONSENT AGENDA Moved by RomeroNVIlliams to approve the Consent Agenda as recommended by the City Administrative Officer, motion carried (5-0). C -1 LEASE OF OFFICE SPACE (File No. 551) Consideration of approving an agreement between the City and the Senate Rules Committee of the California Legislature for lease of City-owned office space at the Marsh Street Parking Garage. Moved by Romero/Williams to adopt Resolution No. 8382 approving the agreement between the City and the Senate Rules Committee of the California Legislature for lease of City -owned office space at the Marsh Street Parking Garage; motion carried (5-0). C4 „HISTORIC REGISTER NOMINATION (File No. 457) Council considered nominating the Carnegie Library to the National Register of Historic Places. Moved by Romero/Williams to forward a letter to the State Historical Resources Commission supporting the nomination; motion carried (5 -0). APPOINTMENTS A -1 PLANNING COMMISSION APPOINTMENT (File No. 123) Council considered filling an unexpired term on the Planning Commission ending on March 31, 1998. Mayor Settle and Council Member Kathy Smith, subcommittee to the Planning Commission, presented their recommendation of Janet Kourakis. C City Council Meeting Tuesday, January 17, 1995 - 7:00 p.m. Page 3 Moved by Settle /Smith to appoint Janet Kourakis to fill an unexpired term ending on March 31, 1998; motion carried (5-0). COUNCIL LIAISON REPORTS C.L.R.1. Council Member Williams reported on several cost saving efforts of the Joint Use Committee. PUBLIC HEARINGS 1. TREE APPEAL - CREEKSIDE MOBILE HOME PARK (File No. 407) Council held a public hearing to consider an appeal by Pat Fleming of a Tree Committee decision to deny tree removal at 3960 S. Higuera Street ( Creekside Mobile Home Park). (Continued from 1014194 and 1/3195.) Michael McCluskev. Public Works Director, reviewed the request and determination of the Tree Committee. Council discussed the request from Creekside Mobile Home Community for an additional continuance, and determined to proceed with the public hearing (consensus). Mayor Settle declared the public hearing open. Pat Fleming. Manager of Creekside Mobile Home Community, reviewed pavement damage caused by the trees and various alternatives they had explored. He requested the City indemnify Creekside If the removal request was denied. Bruce Bennett, San Luis Obispo, spoke in support of the Tree Committee decision. Lisa Leutwvler, San Luis Obispo, favored retaining the trees. Ray Neimish. Creekside Mobile Home resident, spoke in support of retaining the trees. Mayor SetUe declared the public hearing closed. Council discussed potential liability to the City if the removal request was denied; City Attorney Jeffrey Jorgensen stated there was no potential liability to the City. Moved by Romero/Smith to adopt, Resolution No. 8383 upholding the Tree Committee's decision to deny the removal request at 3960 South Higuera Street, Creekside Mobile Home Park; motion carried (5-0). Council encouraged the City Arborist to work with Mr. Fleming on alternate solutions (consensus). 2. CABLE TELEVISION RATE REDUCTION (File No. 142) ' A public hearing was scheduled to consider prescribing Sonic Cable Television's rates for basic service tier and related equipment and service charges, and ordering refunds to subscribers. City Council Meeting Tuesday, January 17, 1995 - 7:00 p.m. Page 4 Ken Hampian. Assistant City Administrative Officer, reviewed Sonic's request to continue this item to January 24th. Moved by Romero/Williams to continue this item to January 24, 1995; motion named (5 -0). 3. SIGN APPEAL - 2115/2121 BROAD STREET (File No. 407) Council held a public hearing to consider an appeal by K.L. Gupta of an Architectural Review Commission decision to deny an exception to the sign regulations for a 32 -square foot sign proposed in a Commercial- Neighborhood zone at 2115 and 2121 Broad Street (ARC 156-04). Arnold Jonas. Community Development Director, reviewed the sign approved the Planning Commission. Mayor Settle declared the public hearing open. K.L. Gupta. Shell Beach, requested a larger sign to accommodate two businesses at the location. Noah Rivera. Los Osos, owner of Chili Peppers restaurant, supported the request for a larger sign. Bill Hunter. Santa Maria, sign contractor, spoke in support of the larger sign. Mayor Settl e declared the public hearing closed. Moved by Smith/Roalman to adopt Resolution 8384 denying the appeal and upholding the action of the Architectural Review Commission; motion carried (5 -0). 4.A. FRENCH ANNEXATION/PRE-ZONING (File No. 441) Council held a public hearing to consider pre- zoning to Low - Density Residential and annexation of a 14-acre parcel adjacent to City limits at 4380 Broad Street (ANNXIR 110 -93); Charles French, applicant; and: 4.13. EDNA -ISLAY SPECIFIC PLAN TEXT AMENDMENT (File No. 441) Council held a public hearing to consider a text amendment to the Edna -Islay Specific Plan to make annexation policies consistent with those in the Land Use Element (SP 154 -94). Arnold Jonas. Community Development Director, reviewed annexation and water policies. Mayor Settl e declared the public hearing open. John French, applicant, requested expeditious action and reviewed meetings with neighbors and LAFCo. Ben Parker. 4423 Poinsettia, expressed concerns about traffic impacts and requested an alternative circulation pattern. Dave Hanna. San Luis Obispo, stated the development would increase traffic, and requested access ' via Fuller as a more viable alternative. 1 City Council Meeting Tuesday, January 17, 1995 - 7:00 p.m. Kathy Bean. 4453 Poinsettia, expressed concerns about increased traffic. Colin Fincher. San Luis Obispo, stated he was concerned about flooding in the area. Gifford Beaton, San Luis Obispo, reviewed flooding and circulation concerns. Mayor Settle declared the public hearing closed. Council discussed emergency access, circulation, creek setbacks, and flooding concerns. Page 5 Moved by Williams /Smith to: 1) Indicate support for the proposed annexation, and 2) Adopt Resolution No. 8385 changing the Edna -Islay Specific Plan text to make annexation policies consistent with those in the Land Use Element, based on findings contained in this report; motion carried (4-1, Council Member Roalman voting no). Moved by Williams/Smith to introduce to print Ordinance No. 1275 concurring with the negative declaration of environmental impact and amending the zoning map from "Low - Density- Residential" (County zoning) to Low -Density Residential, with a specific overlay (R -1 -SP), based on findings contained in this report; motion carried (4-1, Council Member Roalman voting no). Moved by Romero/Settle to direct staff to investigate the possibility of including parcels A & B and Fuller Road in the annexation; motion carried (4-1, Council Member Roalman voting no). 8:45 PM Mayor Settle declared a recess. 8:55 PM Council reconvened; all Council Members presets. COMM.1. Mayor Settle received a request from Charles Dills to perform archeological recoveries of artifacts when buildings are moved from designated sites; Council discussed guidelines established by the Cultural Heritage Committee and the Architectural Review Commission. COMM.2. Arnold Jonas, Community Development Director, stated the Environmental Quality Task Force (EQTF) had requested a joint study session, tentatively set for February 14, 1995 at 12:00 noon in Council Hearing Room; (consensus). BUSINESS ITEMS 5. BUS SHELTER PROPOSAL (File No. 540) Council considered a proposal by Martin Media to use transit shelters as a marketing tool via lighted billboards. Michael McCiuskey. Public Works Director, reviewed the proposal for lighted advertisements on bus shelters proposed by Martin Media, and inconsistencies with existing City policies. Tom Martin. 201 Hilltop, Paso Robles, stated the proposal was intended to generate a request for proposals (RFP) that Martin Media could respond to competitively, and reviewed the benefits of the program. City Council Meeting Tuesday, January 17, 1995 - 7:00 p.m. Page 6 Alan Cantrell, Arroyo Grande, Regional Transit Management, said the program would bring revenue to the County transportation system, and the County would not pursue the program If the City did not approve it. Emmons Blake, 634 Al Hil Dr., urged Council to reject the proposal. Paul Carlin. 165 Lawrence, spoke against the proposal. Woody Combrink, 1432 Toro St, speaking as an individual, stated the City needed more buses, not shelters, and expressed concern about the advertising encroaching on established businesses. Moved by Smith/Roalman to support the recommendation of the Architectural Review Commission to decline pursuing the program further; motion carried (5-0). 6. OPEN SPACE MAPPING (File No. 462) Council considered appropriating $12,000 from the unappropriated General Fund balance for development of a resource data base in Geographic Information System (GIS) format of the City's greenbelt area and entering into an agreement with the Cal Poly Landscape Architecture Department to perform the appropriate services. (Continued from 12113194.) Paul LeSage, Director of Parks and Recreation, reviewed the proposal. Council discussed the work of different organizations, including the Land Conservancy. Moved by RomeroWilliams to appropriate $12,000 from the unappropriated General Fund balance for development of a resource data base in Geographic Information System (GIS) format of the City's green belt area, and to authorize the Mayor to execute Agreement No. A- 04-95 -CC with Cal Poly Landscape Architecture Department to perform the appropriate services with the Cal Poly Landscape Architecture Department; motion carried (5-0). 7. OPEN SPACE ACQUISITION. PRIORITY PLAN (File No. 462) Council considered appropriating $15,000 from unappropriated General Fund balance for development of an Open Space Acquisition Priority Plan and authorizing the Mayor to execute an agreement with the Land Conservancy of San Luis Obispo to perform the appropriate services. (Continued from 12113194.) Paul LeSage, Director of Parks and Recreation, reviewed the request. Moved by Williams /Roaiman to approve funds and authorize Mayor to execute Agreement No. A -05- 95-CC with the Land Conservancy; motion carried (5-0). 9:55 PM there being no further business to come before the City Council, Mayor Sete adjourned the meeting to Saturday, January 21,1995 at 8:30 AM in the City/County Ugrary Corpmunity Room. APPROVED BY COUNCIL �/, 7ff, t r/tt�l;- , DWne -R. Gladwell, ity Clerk DRG.jsb