HomeMy WebLinkAbout04/16/1996John Mandeville, Long Range Planning' Manager, explained that the reason for the meeting today
was to hear from County planning staff on their Land Use update efforts.
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Alex Hinds. County Planning Director, said.the San Luis Obispo Area Plan was targeted to go
before the County Planning Commission in July. He then briefly reviewed the goals and strategies
for adopting the San Luis Obispo County General Plan.
Dana LilleY, Senior Planner and Project Manager for the San Luis Obispo Area Plan, and Jim Lopes,
Planner, were also in attendance and answered questions presented by Council.
The Council reviewed each map item as outlined in the agenda report with the County planning
staff.
Council directed staff to prepare a letter to the County Planning Commission outlining discussions
today to be presented to Council at a future meeting prior to transmittal. (General Consensus.)
1:25 p.m. There being no further business to come before the City Council, a or Settle adjourned
• • the meeting to Tuesday, April 16, 1996, at 7:00 p.m. in the Council C 6r.
APPROVED BY COUNCIL: May 7, 1996
KC:dr Ki Co do , Asst. City Clerk
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, APRIL 16, 1996 - 7:00 P.M.
CITY HALL - COUNCIL CHAMBER - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice Mayor
Dodie Williams, and Mayor Allen Settle
Absent: None
Capital Improvement
Board
Present: Board Members Kathy Smith, Dave Romero, Bill Roalman, Dodie Williams,
and Allen Settle
Absent: None
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Kim
Condon, Assistant City Clerk; Ken Hamplan, Assistant City Administrative
Officer, Mike McCluskey, Public Works Director; Keith Opalewski, Parking
Manager; Arnold Jonas, Community Development Director, Glen Matteson,
Associate Planner, John Mandeville, Long Range Planning Manager; Neil
Havlik, Natural Resources Manager; Jim Gardiner, Police Chief; Bill Statler,
Finance Director
City Council Meeting :,..;= ;:.•',.Y.;.... "' ` Page 3
Tuesday, April 16, 1996 - 7:00 p.m.
C5. - COST ALLOCATION PLAN FOR 1995 -97 (File No. 236)
Council considered approving the cost allocation plan and enterprise fund reimbursements for
1995 -97.
Moved by Smith/Williams to approve the cost allocation plan and enterprise fund reimbursements
for 1995 -97; motion carried (5 -0).
C6. INVESTMENT MANAGEMENT PLAN (File No. 272)
Council considered the Investment Management Plan.
Moved by Smith/Williams to adopt Resolution No. 8523 approving the Investment Management
Plan; motion carried (5 -0).
C7. SALARY ADJUSTMENTS FOR APPOINTED OFFICIALS (File No. 622)
Council considered salary adjustments for the City Administrative Officer and the City Attorney.
Moved by Smith/Williams to 1) adopt Resolution No. 8524 adjusting annual salary for the City
Administrative Officer; and 2) adopt Resolution No 8525 adjusting annual salary for the City
Attorney; motion carried (5 -0).
C8. SYMPHONIC BANDS AND ENSEMBLES CONFERENCE (File No. 102)
' Council considered endorsing the World Association of Symphonic Bands and Ensembles (WASBE)
Conference scheduled to be held In the City of San Luis Obispo from July 5 - 11, 1999.
Moved by Smith/Williams to adopt Resolution No. 8526 endorsing the World Association of
Symphonic Bands and Ensembles (WASBE) Conference scheduled to be held in the City of San
Luis Obispo from July 5 -11, 1999; motion carried (5 -0).
C9. SHORT RANGE TRANSIT PLAN UPDATE (File No. 549)
Council considered a budget amendment request for the Short -Range Transit Plan.
Moved by SmithlWilliams to approve a CIP project for a Short Range Transit Plan and appropriate
$25,000 to the project budget; motion carried (5 -0).
C10. LOCAL AGENCY /STATE MASTER AGREEMENT (File No. 93-67)
Council considered a Supplement to the Local Agency /State Master Agreement for Federal Aid
Projects.
Moved by Smith/Williams to adopt Resolution No. 8527 approving Program Supplement No. 020 to
the Local Agency /State Master Agreement for Federal Aid Projects No. 05 -0016 for the Bridge
Replacement Project — Higuera Street at San Luis Obispo Creek (93 -67); motion carried (5 -0).
C11. 1996 LEASE BOND FINANCING PROGRAM (File No. 213)
' (Previously No. CIB 2.)
Council considered approving the 1996 Lease Bond Financing Program.
City Council Meeting Page 4
Tuesday, April 16, 1996 - 7:00 p.m.
Moved by SmithWilliams to approve implementation of the 1996 bond financing program by
introducing to print Ordinance No. 1297 approving lease and acquisition agreements between the
City and the San Luis Obispo Capital Improvement Board (Board); these arrangements will serve
as collateral for the 1996 lease revenue bonds that will be issued by the Board; motion carried (5 -0).
CIB 1. 1996 LEASE REVENUE BONDS (File No. 242)
Council considered approving the 1996 Lease Revenue Bonds.
Moved by Smith/Roalman to: 1) approve minutes of meeting held on June 7, 1994; 2) elect the
Mayor as President, and Vice -Mayor as Vice - President, of the Capital Improvement Board; and, 3)
adopt Resolution No. 8528 approving the sale of the 1996 lease revenue bonds; motion carried (5-
0).
LIAISON REPORTS
LR1. Council Member Smith reported she had attended a meeting of the Human Relations
Commission where grants4n -aid were discussed, and that she and Mayor Settle had spoken to
Residents for Quality Neighborhoods, who expressed concern about student noise and parking
issues.
LR2., Mayor Settle said he had attended a meeting of an organization for the preservation of the
adobes and reminded his colleagues about the Adobe Tour on Friday, April 26.
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LR3. Council Member Romero said he and Mayor Settle had attended a recognition ceremony by
the American Society of Civil Engineers for the Salinas Dam. 1
PUBLIC HEARINGS
1. CREEK SETBACK ORDINANCE (File No. 596)
Council held a public hearing to consider: 1) approving the negative declaration of environmental
impact (action included in documents for parts (1) and (2) of recommendation); 2) directing staff
to modify ordinance sections 17.16.025.E.2.e regarding findings for exceptions, and sections
17.16.025.B.1 and B.2, 17.1.025.D.2.c and D.3.c regarding riparian associated vegetation; 3)
introducing to print an ordinance to add creek setback provisions to the Zoning Regulations; and,
4) adopting a resolution amending the General Plan Open Space Element Creek Map and to add
a definition of "encroachment."
Mayor Settle stated that he had a conflict of interest and would not be participating in discussion
on this topic.
Council Member Romero stated that although he was a joint owner of a mobilehome on a creek,
after consulting with the City Attorney and Fair Political Practices Commission, he had no conflict
of interest.
Council Member Roalman explained that although he lives on a creek, he is a tenant and, therefore,
had no conflict of interest.
Glen Matteson. Associate Planner, said the ordinance would replace the current administrative
policy and was called for by the 1994 Land use Element.
Vice Mayor Williams opened the public hearing.
Bob Davis, owner of the property at 2015 Monterey Street, said he had a lease option on the Motel
Inn, and that this ordinance would render this property virtually undevelopable.
City Council Meeting Page 5
Tuesday, April 16, 1996 - 7:00 p.m.
F.E. McNamara, 390 Higuera, said the ordinance would not. benefit property owners and was an
infringement on property rights.
Ken Jones. 3450 Broad Street, though owners should be allowed to landscape setbacks and then
be given credits for commercial areas.
Bud Wampler, 10 Verdi, said if it's not broken, don't fix it.
Jack Hindmarsh, an attorney representing the 2083 Partnership, owner of a parcel on Broad Street,
said that 25% of his client's property would be taken away by this ordinance and disputed the
staffs definition of a creek.
Peter Sterios, an architect associated with the 2083 Partnership, spoke about the ramifications of
this ordinance on the development of the property on Broad.
Lionel Johnston, San Luis Obispo, said waterways should be protected and thought the ordinance
was not tough enough.
John Mitchell, San Luis Obispo, said the ordinance did not address projects approved but not yet
built, and that there should be some accounting for parcel size when determining the setback.
John French, 3942 Hollyhock, a partner in one of the affected properties, applauded the City for
tryingAo protect the creeks, but said that this ordinance might actually exceed the limits of the
riparian habitat, while usurping people's property.
Dean Haupt, owner of Rancho Grande Motors, said the ordinance would hamper future expansion
on his site.
Tim O'Keefe, a Cal Poly instructor, supported a strong ordinance to protect creeks, and said that
although property owner rights should be ranked high, citizen rights were also a priority.
Dennis Aherne, San Luis Obispo, said that the ordinance is unnecessary and that the administrative
policy seemed to be working well.
Carla Saunders ; City resident, asked Council to consider the streamlined creek ordinance submitted
by the City creeks Coalition group.
Gerald Palmer, San Luis Obispo, supported the ordinance.
George Sushan, an affected property owner, said the ordinance should contain a specific list of
plants and felt setbacks are easements.
Richard Kresia, City resident living adjacent to Old Garden Creek and a professional fisheries
biologist, urged Council to consider the streamlined creek setback ordinance submitted by the City
Creeks Coalition.
Phil Ashley. La Cita Court, asked Council to support the streamlined creek setback ordinance.
David Chipping, Los Osos, also expressed support for the City Creeks Coalition ordinance.
Marshall Ochviski, Osos Street, said he thought the current administrative policy worked fine. .
Joe Cardoza owner of two parcels with a creek traversing the property, was concerned about loss
of buildable ground on his sites due to the 20' setback.
Evelyn DelMartini. San Luis Obispo, strongly favored preserving private property rights and asked
if property owners included in this ordinance would be notified.
City Council Meeting
Tuesday, April 16, 1996 - 7:00 p.m.
Page 6
Vice Mayor Williams closed the public hearing.
In response to Council questions, Neil Havlik, Natural Resources Manager, explained the
importance of setbacks and said that some impacts that have already occurred could be offset.
After discussion, moved by Roalman/Romero to continue this item to a future study session.
9:45 p.m. Vice Mayor Williams declared a recess.
10:00 p.m. Mayor Settle reconvened the meeting; all Council Members present.
2. RESIDENTIAL PARKING PERMIT DISTRICT (File No. 557)
Council held a public hearing to consider establishing of residential parking permit district in the
Park View Homes area.
Mike McCluskey, Public Works Director, said that the petition for this district had arrived in
September, 1995, with the correct number of signatures, and that this would be the first district
being formed for basic quality of life issues.
Jim Gardiner, Police Chief, said the proposed parking restrictions would be difficult to enforce
because the first hours of restricted parking take place when the police department has the most
emergency calls.
Mayor Settle opened the public hearing.
Stephen Hall, 170 Ramona, representing the proponents of the district, said that this parking
district was needed to restore the quality of life in the neighborhood.
Luther Bertrando, 267 Foothill, did not support the district.
Debra Bertrando, 188 Del Norte Way, did not support the district because the underlying issue was
not related to parking.
Liz Clark, 194 Del Norte Way, said this wasn't a parking issue and urged Council to deny the
request.
Judi Carscaden, 156 Del Sur Way, felt the real motivation behind this was an attempt to rid the
neighborhood of the student population and asked Council to vote against the district.
Loren Nicholson, 156 Del Norte Way, said that parking on his narrow street is severely impacted
by the number of cars in the neighborhood.
Adrienne Dickinson, 182 Del Norte Way, said the parking restrictions would be a hardship to
families with teenage children who also have cars.
Erica Daley 186 Ramona Drive, opposed the parking district and recommended the neighborhood
and students work together to solve the problem.
Gary Simas, 126 Del Sur Way, contended that the main issue was a parking problem and support
formation of the parking district.
Susan Hicks, 10 La Entrada, opposed the parking district and said the problem should be solved
in another way.
Lori Hall, 170 Ramona Drive, supported the parking district.
City Council Meeting Page 7
Tuesday, April 16, 1996 - 7:00 p.m.
Mendi Stubson, 167 Del Norte, read a letter from Maya Ashworth about a situation where emergency
vehicles had difficulty reaching her home during a life- threatening emergency.
William Geiaer. 138 Ramona Drive, said he was not anti - student, but felt this was a way to limit.the
number of unrelated people in a rental unit.
Tom Mever, 187 Ramona Drive, said the problem was a city-wide student housing problem and the
parking district might limit some of the problems.
Richard Kresia, San Jose Court, said three, four and five cars per house cannot be accommodated
and supported the parking district.
Paul Marmino said responsibility should shift to the landlords for providing new parking.
Mayor-Settle closed the public hearing.
After, discussion, moved by Roalman/Romero to adopt Resolution No. 8529 establishing a
residential parking permit district In the Park View Homes area with restricted parking between the
hours of 12:00 a.m. and 7:00 a.m. daily; motion carried (4-1, Vice Mayor Williams voting no.)
Council directed staff to re -survey homes on La Entrada to determine if they should be included
in the: district -
3. APPEAL— 671 PARK AVENUE (File No. 407)
Council held a public hearing to consider an appeal by Sherman Baggett of the Planning
Commission's action denying a use permit to allow six adults to live in a residence at 671 Park
Avenue; Sherman Baggett, applicant.
Mayor Settle opened the public hearing.
Sherman Baaaett, the appellant, maintained that the central issue at 671 Park Avenue was parking.
Louie. Scon-gins, 1680 Hillcrest, asked Council to deny the appeal.
Delores Scoagins, 1680 Hiilcrest, supported denial of the appeal.
Tony Herrara. 676 Grove, read a letter from Dennis Howland, 1690 Hillcrest, asking Council to deny
the appeal. -
Harrv_Fierstein, 640 Park, said he was opposed to having six adults in a house.
Arline Fierstein. 640 Park, urged Council to deny the appeal.
Tim McNulty, 1670 Phillips Lane, asked Council not to grant the use permit.
Tom Kay, representing Residents for Quality Neighborhoods, felt it was important to maintain
regulations that have been adopted and deny this appeal.
Nicole Ba4aett. 671 Park, said that she and her roommates had been good neighbors and asked
Council to support the appeal.
Sherman Baggett spoke once again to restate that parking was the issue.
Mayor Seftle closed the public hearing.
City Council Meeting Page 8
Tuesday, April 16, 1996 - 7:00 p.m.
After discussion, moved by Roalman/Williams to adopt Resolution No. 8530 denying the appeal;
motion carried (5-0).
4. HISTORICAL DESIGNATION FOR CITY HALL (File No. 457)
Council held a public hearing to consider adding City Hall, 990 Palm Street, to the Master List of
Historic Resources.
Mike McCluskey. Public Works Director, briefly summarized the agenda report and said that the
historic designation would not affect future City Hall expansion.
Mayor Settle opened the public hearing.
Then: were no speakers.
Mayor Settle closed the public hearing.
Moved by Roalman/Smith to add San Luis Obispo City Hall, 990 Palm Street to the City's Master
List of Historic Resources; motion carried (5 -0).
COMMUNICATIONS
Comm. 1. Council Member Roalman asked staff to respond to a letter from massage therapist
Steve Eabry regarding licensing of massage technicians in San Luis Obispo. Council directed
Police Chief Jim Gardiner to respond in a memorandum. (General consensus.)
BUSINESS ITEMS
5. BUSINESS TAX VERIFICATION PROGRAM (File No. 297)
Council considered authorizing staff to discuss the Business Tax Verification Program with
business organizations.
Bill Statler, Finance Director, said that staff was simply asking for Council's permission to speak
to business owners.
After discussion, moved by Roalman /Smith to authorize City staff to meet with the business
community to discuss a proposed business tax verification program; motion carried (5 -0).
12:30 a.m. There being no further business to come before the City Council and Capital
Improvement Board, Mayor Settle adjourned the meeting to the Council Hearing Room for Closed
Session. ".4
APPROVED BY COUNCIL: 517/96
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