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10/03/1995MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 3, 1995 - 7:00 P.M. CITY HALL - COUNCIL CHAMBER - 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: Jeff Jorgensen, City Attorney; Kim Condon, Assistant City Clerk; John Dunn, City Administrative Officer, Ken Hampian, Assistant City Administrative Officer; Wendy George, Assistant to the CAO; Ann Slate, Personnel Director; Mike McCluskey, Public Works Director, John Moss, Utilities Director; Jeff Hook, Associate Planner; Bob Neumann, Fire Chief; Gary Henderson, Water Division Manager; Dan Gilmore, Utilities Engineer, Dave Pierce, Water Projects Manager, Ron Munds, Solid Waste Coordinator; Arnold Jonas, Community Development Director; Tom Baasch, Chief Building Inspector, John Mandeville, Long Range Planning Manager Mayor Settle presented a proclamation to Telegram- Tribune reporter Ken McCall in recognition of his skilled reporting and professionalism. PUBLIC COMMENT PERIOD P.C.I. Jeff Gwvnne read a letter from the residents of Diablo Drive expressing concern about the potential traffic impacts as a consequence of the Emerald Hills project. P.C.2. Carol Hall. Jaycee Drive, said the City had denied a detached sidewalk installation on her block that was needed. Staff directed to continue to work with her and develop a more flexible sidewalk policy. P.C.3. Okra Harwav announced that October 11 will be Stop America's Violence Everywhere (S.A.V.E.) Day. P.C.4. Christine Mulholland said that the "Let It Be Nature Preserve" had been hosting Alex Madonna's cows for two days. Staff directed to look into the matter. CONSENT AGENDA Moved by Williams /Smith to approve the Consent Agenda as recommended by the City Administrative Officer, with the exception of C -7; motion carried C -1 COUNCIL MINUTES Council considered the minutes of: n C� City Council Meeting Tuesday, October 3, 1995 - 7:00 p.m. Page 2 Wednesday, July 19, 1995 - 6:00 p.m. Wednesday, July 19, 1995 - 7:00 p.m. Tuesday, July 25, 1995 - 7:00 p.m. Tuesday, August 15, 1995 - 5:30 p.m. Tuesday, August 15, 1995 - 7:00 p.m. Monday, August 21, 1995 - 7:00 p.m. Tuesday, September 12, 1995 - 7:00 p.m. Tuesday, September 19, 1995 - 7:00 p.m. Moved by Williams/Smith to waive oral reading and approve minutes as amended; motion carried (54)• C -2 TRIP REDUCTION (File No. 556) Council considered giving final passage to a Trip Reduction and Travel Demand ordinance. (Continued from 9119195) Moved by Williams /Smith to give final passage to Ordinance No. 1284; motion carried (5 -0). C-3 AFFORDABLE HOUSING AMENDMENTS (File No. 425) Council considered giving final passage to an ordinance amending the Municipal Code revising the City's affordable housing incentives and standards. (Continued from 9119195) Moved by Williams/Smith to give final passage to Ordinance No. 1282; motion carved (5 -0). C-0 HAZARDOUS WASTE COST RECOVERY (File No. 706) Council considered giving final passage to an ordinance creating a new Chapter 8.32 of the Municipal Code for the purpose of the recovery of costs related to hazardous waste or substance spills, releases, and other incidents. (Continued from 9119195) Moved by Williams /Smith to give final passage to Ordinance No. 1283; motion carried (5 -0). C-5 ANNUAL LEAGUE CONFERENCE RESOLUTIONS (File No. 362) Council considered authorizing voting delegate to support the proposed annual conference resolutions from the League of California Cities. Moved by Williams /Smith to support resolutions; motion tamed C-0 TOURIST SURVEY (File No. 1055) Council considered approving a Promotional Coordinating Committee's recommendation for funding in the amount of $5,000 to the Visitors and Conference Bureau for a tourism survey. Moved by Williams /Smith to approve funding and authorize the Mayor to sign amendment to the Visitors and Conference Bureau's contract; motion tamed (5 -0). C -7 RESIDENTIAL CURBSIDE RECYCLING RFP (File No. 482) Council considered approving a Request for Proposal (RFP) for residential curbside recycling services and authorized staff to solicit proposals. Steve McGrath. representing RALCCO Recycling, felt San Luis Garbage had an unfair hold on the downtown cardboard recycling business. City Council Meeting Tuesday, October 3, 1995 - 7:00 p.m. Page 3 After discussion, moved by Romero/Williams to approve RFP; motion carried (4-1, Council Member Roalman voting no). COUNCIL LIAISON REPORTS LRA. Council Member Williams reported on progress made at the September 29th Mardi Gras meeting. LR.2. Council Member Smith said she had spoken to Residents For Quality Neighborhoods (RON) and that their primary concerns were water resources, escalating water rates and lack of student housing. LR.3. Vice Mayor Romero told Council that the target date for opening of the Performing Arts Center was September or October of 1996. L.R.4. Vice Mayor Romero, Council liaison to the CMC Citizens' Committee, said he had learned that CMC work crews for creek clean -up would no longer be available due to budgetary problems and suggested that City funding for guards' salaries could extend this service. PUBLIC HEARINGS 1. APPEAL - SODA WORKS PROPERTY (File No. 407) Council held a public hearing to consider an appeal by Mary Mitchell - Leitcher of an administrative determination to deny request for deferral of fees for the demolition/rehabilitation of the Soda Works property located at 1015 Nipomo Street Arnold Jonas. Community Development Director, summarized the agenda report. Mayor Settle opened the public hearing. Mary Mitchell- Leitcher, the appellant, explained the reasons for her appeal, including the background of the damage the building suffered during the March storms, and her desire to defer payment of permit and application fees until her Small Business Administration loan is funded. She agreed to sign a promissory note in the amount of approximately $2700. Mayor Settle closed the public hearing. After discussion, moved by Smith/Williams to grant request contingent upon execution of the promissory note; motion carved (4 -1, Council Member Roalman voting no). 2. ARCHAEOLOGICAL PRESERVATION GUIDELINES (File No. 457) Council held a public hearing to consider a Cultural Heritage Committee recommendation to adopt Archaeological Preservation Guidelines. (Continued from 9119195) Jeff Hook, Associate Planner and staff representative to the Cultural Heritage Committee, made the presentation. Wendy Waldron. CHC member and co-author of the guidelines, thanked Council for their consideration of the guidelines, which will supply a practical procedure for evaluating the effects of City- permitted actions on archaeological resources. She stressed that the guidelines do not add requirements beyond those included in the California Environmental Quality Act (CEQA) and urged that the Council act favorably in support of the guidelines. Staff responded to questions from Council regarding specific concerns of Native American Indians. City Council Meeting Tuesday, October 3, 1995 - 7:00 p.m. 'Mayor Settle opened the public hearing. Page 4 Jade Lane Odum, Cultural Resources Manager for the Chumash Council, felt many Chumash concerns were omitted and the guidelines were geared more toward developers and City government. Betsy Bertrando San Luis Obispo Archaeologic Facility at Cuesta, said that artifacts could be curated at that facility. Mayor Settle closed the public hearing. Moved by Romero/Williams to adopt Resolution No. 8459 approving guidelines as amended to delete "or other perennial creeks" and add Brizzolara and Acacia Creeks in Section 1.30 B., and adding a provision that artifacts be curated in County when possible; motion carved (5-0). COMMUNICATIONS Comm. 1 Mayor Settl requested that the November 14 Study Session on the Airport Annexation be cancelled due to Council Member Roalman's unavailability on that date, and rescheduled to Tuesday, December 12, 1995. (General consensus) Comm. 2 Council Member Smith asked her colleagues to consider bringing the issue of student housing concerns before Council at a future date, including creation of a committee to pro - actively address this problem. (General consensus) IBUSINESS ITEMS 3. JENNIFER STREET PEDESTRIAN BRIDGE (File No. 94-03A) Council considered authorizing design of the project to include a staircase as recommended by the Cultural Heritage Committee and the Architectural Review Committee. (Continued 9119195) Mike McCluskev. Public Works Director, summarized the item before them. Mayor Settle asked for public input. Astrid Gallagher. San Luis Obispo, shared concerns about the dangers of the ramp as opposed to the staircase. After discussion, moved by Smith/Roaiman to authorize design to include staircase; motion carried (3 -2, Council Members Romero and Williams voting no). 4. WATER SUPPLY (File No. 517) Council considered a report concerning the City's water supply alternatives. John Dunn. City Administrative Officer, presented an overview of the report. John. Moss. Utilities Director, Gary Henderson, Water Division Manager, Dan Gilmore . Utilities Manager, and Dave Pierce. Water Projects Manager, each presented components of the report. Mavor Settle asked for public comment. Robert Findley. Templeton, representing Water Resources, Inc., presented a proposal to bring groundwater from the North County, south. City Council Meeting Tuesday, October 3, 1995 - 7:00 p.m. Page 5 Bill Thoma. President of the Chamber of Commerce, asked the Council to move forward to pursue 1 every water alternative project Penny Rappa. San Luis Obispo, encouraged Council to accept the concept of a multi-source approach to water alternatives. Eric Greening. Atascadero, expressed concerns about the emergency use, as defined by staff, of State Water and hoped Council would direct staff to give a cost estimate of a hybrid Salinas /Nacimiento project that would be an untreated Nacimiento pipeline terminating in Salinas Dam so that the back -up capacity could be achieved in the Nacimiento storage and not in raising the dam. Richard Kranzdorf. San Luis Obispo, said he thought the report had seriously understated use per - person, per -day and that the State Water Project was being unnecessarily hyped once again. He felt conservation had been minimized in the staff report. Christine Mulholland. City resident, reminded Council that the people of San Luis Obispo had rejected State Water twice and asked that staff be directed to spend no more time and money pursuing the State Water Project, and felt Nacimiento was the least environmentally damaging project that can provide all of the water that we will need. Don Smith, San Luis Obispo, felt it hurt the City to bring up State Water again after the citizens had turned it down twice, and that Nacimiento and desalination were the only reliable sources of water. Carla Saunders, San Luis Obispo, said the City residents had thoroughly debated all aspects of the State Water option and, voted it down twice. Pat Veesart, City resident, said the Council - adopted 145 gallons per - person, per -day planning figure did not reflect actual usage which averages approximately 98 gallons, necessitating participation in 60 -70 million dollars worth of water projects, and echoed previously expressed sentiments regarding reconsideration of State Water. Jeffrey Land. Director of the Environmental Center of SLO County, said any thorough analysis of natural resource use and management requires a full understanding of supply and demand issues and did not see a thorough analysis of demand issues and asked if conservation is a water supply option, why it wasn't being included in the staff report. Phil Ashley. La Cita Court, objected to staffs discussion of the State Water Project and said the EIR was not adequate and reiterated his comments at the Council meeting of July 5, 1995, regarding the State Water Project construction easement. Scott Gregory a registered municipal advocate representing the Chamber of Commerce, thought it was important to adequately study all options available before making any decisions, and asked Council not to rule out continued study on any water supply options, Including State Water. Naoma Wright. San Luis Obispo, asked how many more times the citizens would have to say no to State Water. Ken Schwartz San Luis Obispo, cautioned against approval of proposed general plan amendments resulting In increased density or urban expansion if subsequent development would adversely affect groundwater supplies or recharge areas needed for existing or expanded agricultural uses on lands designated agricultural. City Council Meeting Tuesday, October 3, 1995 - 7:00 p.m. Page 6 After discussion, moved by Roalman/Smith to reaffirm three primary projects; Water Reuse, Salinas and Nacimiento, but to reject any further evaluation of State Water, motion carried (4-1, Council Member Romero voting no). Vice Mayor Romero stated for the record that he opposed the motion due to direction to staff regarding exclusion of State Water. Moved by Romero/Williams to direct staff to bring back to Council three policies that would allow water to become available for development: saved reserve for completion of infill, water reuse as a new water source, and revised, less restrictive retrofit policy; motion carried (4-1, Council Member Roalman voting no). 4. CITY CLERK POSITION (File No. 622) Consideration of the City Clerk position. Ann Slate, Personnel Director, outlined the considerations before Council regarding this matter. Moved by Settle/Williams to appoint Assistant City Clerk Kim Condon, Acting City Clerk, effective immediately, appoint Council Members Smith and Williams to serve as a subcommittee to review and update the job description, and begin the process of recruitment upon return of a report from the subcommittee, with a proposed completion date of April 1, 1996; motion carried (5 -0). 11:45 p.m. There being no further business to come before the City, nci , Mayor Settle adjourned the meeting to October 17, 1995 in the Council Chamber. APPROVED BY COUNCIL: Kid Con on, Acting City Clerk KC:dr CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 17, 1995 - 6:30 P.M. CITY HALL - PLANNING CONFERENCE 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 1 Present: Jeff Jorgensen, City Attorney 1. Conference with Legal Counsel - Existing Litigation (pursuant to Government Code § 54955.9(a)) Name of Case: Cody v. City of San Luis Obispo Council discussed existing litigation with Jeff Jorgensen, City Attorney.