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Home My WebLink About06/18/1996CLOSED SESSION OF THE CITY COUNCIL ' CITY OF SAN LUIS OBISPO TUESDAY, JUNE 18, 1996 - 6:30 P.M. LIBRARY CONFERENCE ROOM - 995 PALM STREET SAN LUIS OBISPO, CALIFORNIA 1 1 ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice Mayor Dodie Williams, and Mayor Allen Settle Absent: None City Staff Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer City Council held a closed session to discuss the following issues: A. CONFERENCE WITH PROPERTY NEGOTIATORS Pursuant to Government Code § 54956.8 Property: 1011 Higuera Street Negotiating Parties: City of San Luis Obispo, Mike McCluskey Property Owner Representative, R.J. Gould Negotiation: Whether to acquire. B. CONFERENCE WITH LABOR NEGOTIATOR Pursuant to Government Code § 54957.6 Agency Negotiator: Ken Hampian and Ann Slate Employee Organization: San Luis Obispo Police Staff Officers' Association 7:00 P.M. Mayor Settle declared a recess to convene in open sessioq in the Council Chamber, where a public report of the action taken in closed session was tg- be�given. APPROVED BY COUNCIL: 712196 im ondon, Assistant City Clerk MINUTES REGULAR MEETING OF THE. CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JUNE 18, 1996 -7:00 P.M. LIBRARY COMMUNITY ROOM - 995 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 City Staff Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Cindy Clemens, Assistant City Attorney; Kim Condon, Assistant City Clerk; Ken Hampian, Assistant City Administrative Officer; Wendy George, Assistant to the City Administrative Officer; Mike McCluskey, Public Works Director; John Moss, Utilities Director; Gary Henderson, Water Division Manager; Bob Neumann, Fire Chief; Bill Statler, Finance Director; Linda Asprion, Revenue Manager, Carolyn Dominguez, Accounting Manager; Ann Slate, Personnel Director; Jim Gardiner, Fire chief; Paul LeSage; Recreation Director; Kathy Koop, Principal Recreation Supervisor, Arnold Jonas,. Community Development Director; John Mandeville, Long Range Planning Manager, Glen Matteson; Associate Planner PRESENTATION _ Allen Cooper, President of the Obispo Beautiful Association, presented Obispo Beautiful Awards to the City for "Remodel - Commercial Marsh Street Improvements," "Civic SLO Water Treatment Plant," "Remodel -Civic SLO Water Treatment Plant," and "Remodel -Civic Parks; Throop, Anholm, Santa Rosa, Meadow and Sinsheimer." PUBLIC COMMENT PERIOD P.C.1. Jeff Smith, General Manager of Sonic Cable, said that the cable company is currently upgrading with fiber optic technology. P.C.2. Hal Se-gal, an 18 -year City resident, expressed objection to the "Chorro Street Obstacle Course" and felt a dangerous precedent was being set by these drastic traffic calming devices. P.C.3. Kurt Kupper presented Council with artifacts from the Mathews property. P.C.4. Diane Glaser, 242 Ferrini, presented Council with a petition signed by 300 people who object to the planned expansion of Teach School. P.C.S. Stephanie Vallerie, Ferrini Drive, also expressed concerned about the planned school expansion. L7 1 CONSENT AGENDA = , Moved by Smith/Romero to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried (5-0). C1. COUNCIL MINUTES (CONDON) City Council Meeting Tuesday, June 18, 1996 - 7:00 p.m. Consideration of the minutes of: Tuesday, May 21, 1996 at 6:30 p.m.; Tuesday, May 21, 1996 at 7:00 p.m.; Tuesday, June 4, 1996 at 6:00 p.m.; and, Tuesday, June 4, 1996 at 7:00 p.m. Page 2 Moved by Smith/Romero to waive oral reading and approve minutes as amended; motion carried (5-0)• C2. NORTH COUNTY WATER TASK FORCE MISSION STATEMENT (File No. 512) Council considered endorsing the Mission Statement developed by the North County Water Task Force. Moved by Smith/Romero to endorse Mission Statement; motion carried (5 -0). C3. APPROPRIATION LIMIT FOR FISCAL YEAR 1996 -97 (File No. 234) Council considered establishing the Appropriation Limits for the 1996 -97 Fiscal Year. Moved by Smith/Romero to adopt Resolution No. 8544 establishing Appropriation Limits; motion carried (5 -0).. C4. NARCOTICS TASK FORCE AGREEMENT (File No. 735) Council considered an Inter - Agency agreement for operation of the San Luis Obispo County Narcotic Task Force from July 1, 1996 through June 30, 1999. Moved by Smith /Romero to adopt Resolution No. 8545 approving agreement and authorizing the Mayor to execute; motion carried (5 -0). C5. SINSHEIMER PARK MASTER PLAN (File No. 811) Council considered approving the development of a Master Plan for the completion of Sinsheimer Park. Moved by Smith/Romero to approve development of a Master Plan; motion carried (5 -0). C6. CREEK WATERSHED ORTHOPHOTOGRAPHY AGREEMENT (File No. 591) Council considered an agreement to provide digital orthophotography for the San Luis Obispo Creek Watershed. Moved by Smith/Romero to award the agreement to provide digital orthophotography In the amount of $34,450 to Golden State Aerial Surveys and authorize the Mayor to execute the agreement; motion carried (5 -0). C7. DISPOSITION OF PROPERTY (File No. 168) Council considered declaring 972 Nipomo Street and 609 Palm Street to be surplus property and ' directing staff to prepare a bid package and offer the property for sale. Moved by Smith /Romero to declare property surplus, and direct staff to prepare a bid package and offer the property for sale to highest bidder; motion carried (5 -0). City Council Meeting Tuesday, June 18, 1996 - 7:00 p.m. C8. LOCAL AGENCY /STATE MASTER AGREEMENT SUPPLEMENT (File No. 541) Page 3 Council considered a supplement to the Local Agency /State Master Agreement Federal Aid Projects. Moved by Smith/Romero to adopt Resolution No. 8546 approving program supplement No. 019 to the Local Agency /State Master Agreement for Federal Aid Projects No. 05 -5016 for emergency repair and restoration; motion carried (5 -0). C9. LEAVE OF ABSENCE - ARC (File No. 123) Council considered approving a leave of absence for Architectural Review Commissioner Laura Joines who will be unable to attend three consecutive meetings due to a teaching assignment in Europe. Moved by Smith/Romero to approve leave of absence; motion carried (5 -0). LIAISON REPORTS L.R.I. Vice Mayor Williams said she had attended the June 12 meeting of the . Promotional Coordinating Committee. PUBLIC HEARINGS 1. HUMAN RELATIONS COMMISSION GRANTS -IN -AID (File No. 1045) Council held a public hearing to consider approving the 1996 -97 Human Relations Commission 1 Grants- In-Aid funding to 34 agencies in the total amount of $91,500. Paul LeSage, Recreation Director, Kathy Kooa. Principal Recreation Supervisor and staff to the HRC, and Trish Avery the Commission's chair, explained how the Human Relations Commission had arrived at their recommendations. Mayor Settle opened the public hearing. No one spoke. Mayor Settle closed the public hearing. After discussion, moved by Williams /Romero to 1) approve recommendations; 2) authorize use of $2,100 carryover funds from the 1995 -96 Human Relations Commission Budget as detailed in the staff report; and, 3) adopt Resolution No. 8547 authorizing staff to develop and execute agreements with each Grants -In -Aid recipient as outlined in Attachment.1 and inclusive of any modifications made by Council; motion carried 2. CREEK SETBACK ORDINANCE (File No. 596) Council held a public hearing to consider a revised Creek Setback Ordinance. Mayor Settle stepped down due to a conflict of interest, as did Jeff Jorgensen, City Attorney. Cindy Clemens, Assistant City Attorney, was present at the staff table. Arnold Jonas. Community Development Director, briefly introduced the item. Glen Matteson, Associate Planner, reviewed the revisions to the ordinance that had been made since the Council's last consideration of this issue. City Council Meeting Page 4 Tuesday, June 18, 1996 - 7:00 p.m. Vice Mayor Williams opened the public hearing. Bob Davis, owner of the Apple Farm, was troubled by the issue of riparian vegetation, especially concerning tree drip -line in relation to the tremendous overhangs of the sycamore trees on his property. He urged Council not to take action this evening. Rod Levin, owner of properties on Marsh, expressed concerns regarding measurement on setbacks making it very difficult for some property owners to development and asked Council to study the ordinance further before taking final action. Jack McKeen, representing Mrs. Rose McKeen - Riley, the owner of properties at 1204 Iris Street and - - 1309 Richard Street, said he believed the 20 -foot setback would make it impossible to develop the - - Iris Street property and cautioned Council against taking of private. property and depriving people of their rights to develop their property. Carl Markhart, representing the Elks Lodge, said the Elks were concerned about the responsibility - for the maintenance of the creek setback and maintaining the integrity of the landfill that the lodge sits on. Phil Ashley, La Cita Court, read a letter into the record, also distributed to Council, on problems he perceived in the ordinance. Bud -Wampler, Verde Drive, urged the Council to let these issues continue to be decided on an administrative basis and also object to the determination of what was significant riparian vegetation. Vice Mayor Williams closed the public hearing. After discussion, moved by Roalman/Williams to continue this item to Tuesday, July 23, 1996 at 7:00 p.m.; motion carried (4 -0-1; Mayor Settle not participating). Staff was directed to return with updated creek map. 8:50 p.m. Mayor Settle, returning to the dais, called for a recess. 8:57 p.m. Mayor Settl e reconvened the meeting; all Council Members present. 3. BUDGET FOR FISCAL YEAR 1996 -97 (File No. 230) (This item was the fifth public hearing held.) Council held a public hearing to consider approving amendments to the 1995 -97 Financial Plan and appropriating funds for the 1996 -97 Fiscal Year. John Dunn. City Administrative Officer, gave an"overview of the City's financial condition Bill Statler, Finance Director, presented the 1996 -97 budget, summarizing proposed expenditure changes. Mayor Settle opened the public hearing. Steve Seacrest, Conejo Drive, thanked staff for suggesting interim measures to solve Conejo flooding problems but said they are not sufficient. Walter Shroeder, 1722 Conejo, also expressed concern about uncontrolled water from the Andrews drainage area. David Beem, City resident, brought attention to the disrepair of the building on the Mathews City Council Meeting Page 5 Tuesday, June 18, 1996 - 7:00 p.m. property. Ronnie Todd. Higuera Street, was also concerned about the conditions on the Mathews property. Mark McCollough, President of the SLO Firefighters' Association, said the association supported the staff recommendation to fund the fire overtime budget, but not the apprentice program proposal. Mayor Settle closed the public hearing. After discussion, moved by Williams /Smith to adopt Resolution No. 8548 approving amendments to the-1995 -97 Financial Plan and appropriating funds for the fiscal year 1996 -97 in the amount of $49,274,800; motion carried (5 -0). 4. APPEAL — INDOOR SHOOTING RANGE (File No. 407) (This item was the third public hearing held.) Council held a public hearing to consider an appeal of the Planning Commission's denial of a use permit for an indoor shooting range at 161 High Street (A39 -96); Robert Fisher, Appellant. ~ Arnold Jonas, Community Development Director, said the Planning Commission had denied that use permit based on a finding of inconsistency with general plan policies related to neighborhood conservation. Mayor Settle opened the public hearing. Robert Fisher, the applicant, said there was a need for this facility and outlined the activities that would take place at the business. Barbara Brunson, 174 High Street, spoke on behalf of several neighbors who were concerned about lack of parking, increased traffic, hours of operation, and negative impacts on the neighborhood. Vicki Bryan, 2044 Beebee Street, was also troubled about the lack of parking and increased traffic In the neighborhood. Beverly Barrios said the building is located directly behind her home and was concerned about the safety of her grandchildren. Tony Machado, 172 High Street, objected to the this type of business being located near a residential neighborhood. Mayor Settle closed the public hearing. After discussion, moved by Williams /Smith to deny the appeal and uphold the Planning Commission's action; motion carried (5 -0). S. GENERAL PLAN AMENDMENT /RECLASSIFICATION (File No. 463) (This item was the fourth public hearing held.) Council held a public hearing to consider General Plan and Zoning map and text amendments to , allow development of a 1.6 -acre site on the westerly side of Calle Joaquin, south of Los Osos Valley Road and immediately south of Motel 6 (GP /R 7 -96); John Franks, applicant. The CAO recommendation was to: 1) approve in concept the following amendments: A) the General Plan Land Use Element map from Open Space to Tourist; B) the General Plan Open Space Element Greenbelt map, to eliminate the site from the "greenbelt;" C) General Plan text to allow City Council Meeting Page 6 Tuesday, June 18, 1996 - 7:00 p.m. development of the site; and D) Zoning map from Conservation /Open Space, minimum 10 -acre ' home site (COS -10) to Tourist Commercial (C -T). 2) Approve in concept the addition of the "Special Considerations" overlay zone to the site, specifying several "special considerations," as recommended by the Planning Commission; 3) advise the applicant that any further development or annexation of the property may be subject to additional open space dedication; 4) deny the applicant's request for a fee waiver; and, 5) direct staff to return to the Council on July 2, 1996 for possible formal adoption. Arnold Jonas, Community Development Director, said the applicant was requesting an amendment to the LUE, Zoning, and Greenbelt maps, and an amendment to the LUE text, and explained that the project itself was intended to be in the City and in the County. He also indicated that some r difficulties had arisen in that the applicant's initial proposed had not accurately portrayed the property that was in the City as opposed to in the County. Mayor Settle opened the public hearing. Bob Elster, representing John Franks, said that his client concurred with the Planning Commission's recommendation and that the County has indicated a willingness to have this application go ahead. Melvin Caldwell, staff coordinator for the District 50 Little League, spoke in support of this facility. Phil-Ashley. San Luis Obispo, objected to the loss of habitat and impact of this project on the ecosystem. Mayor Settle closed the public hearing. ' After discussion, moved by Roalman/Smith to 1) not to support the project in concept; motion carried (3 -2; Council Members Williams and Romero voting no). COMMUNICATIONS Comm. 1. Mayor Settle said that the Council would be attending a meeting on Thursday, June 20, 1996, beginning at 7:00 p.m. at the Alumni House, held by Cal Poly officials to address neighborhood concerns about the new university parking structure associated with the Performing Arts Center. Comm. 2. Vice Mayor Williams said that she had received a letter from Board of Supervisors Chair Bud Laurent about the resolution agreeing to become a transportation partner with the Local Government Commission's Center for Livable Communities, asking if the City would adopt a similar resolution. Staff commented that the item had been referred to the Public Works Director and would be coming back to Council shortly. BUSINESS ITEMS 6. BUSINESS TAX VERIFICATION PROGRAM (File No. 297) Council considered the Business Tax Verification Program. Bill Statler, Finance Director, reviewed the agenda report. Mayor Settle asked for public comment; no one came forward to address the Council. City Council Meeting Page 7 Tuesday, June 18, 1996 - 7:00 p.m. Moved by Roalman/Williams to approve implementation of an ongoing business tax verification program effective with the 1996 -97 renewal process (July 1, 1996); motion carried (5 -0). 11:40 p.m. There being no further business to come before thq_.City Council, Mayor Settle adjourned the meeting to Tuesday, July 2, 1996 at 7:00 p.m. in t , -Library Community Room, 995 Palm Street. APPROVED BY COUNCIL: 7/2/96 DR:bv i on on ssistant City Clerk CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 2, 1996 - 6:30 P.M. LIBRARY CONFERENCE ROOM - 995 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 City Staff Present: Jeff Jorgensen, City Attorney; John Dunn, City Administrative Officer City Council held a closed session to discuss the following issue: CONFERENCE WITH LEGAL COUNSEL - Pursuant to Government Code § 54956.9 Existing Litigation: McCartin v. City of San Luis Obispo 7:00 P.M. Mayor Settle declared a recess to convene in open session in the Council Chamber, where a public report of the action taken in closed session was to be given. APPROVED BY COUNCIL: 7/16196 KC:bv 16 m ondor6.AsMstant City Clerk 1