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MINUTES:....,
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, NOVEMBER 17, 1998 - 7:00 P.M.
COUNCIL CHAMBER, 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL:
Council Members
Present: Council Members Bill Roalman, Ken Schwartz, Dodie Williams, Vice
Mayor Dave Romero, and Mayor Allen K. Settle
City Staff:
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City
Attorney; Lee Price, City Clerk; Ken Hampian, Assistant City
Administrative Officer; Arnold Jonas, Community Development
Director; Bill Statler, Finance Director; Ann Slate, Personnel Director,
Jim Gardiner, Police Chief; Mike McCluskey, Public Works Director,
Paul LeSage, Parks and Recreation Director, Wendy George,
Assistant to the CAO; Neil Havlik, Natural Resources Manager; John
Mandeville, Long Range Planning Manager, Glen Matteson, Associate
Planner
PRESENTATION
P1. Presentation made of Healthy Cities Special Achievement Award by Vivian Look
from the California Healthy Cities and Communities. She recognized the City's
innovative local program, the Prado Day Center, as one of five state awards given.
CLOSED SESSION ANNOUNCEMENT
City Attorney Jeff Jorgensen reported that Council authorized further negotiations for
acquisition of certain Union Pacific Railroad property (APN # 003 - 651 -010).
PUBLIC COMMENT
There were no speakers.
CONSENT AGENDA
CAO John Dunn stated that C6 has been dropped from the agenda with no set date to return.
Council Member Schwartz pulled C7 for comment. Vice Mayor Romero pulled C3 and C5.
ACTION: Moved by Williams/Schwartz to approve the consent agenda as
recommended by the City Administrative Officer with the exception of C3, C5, C6, C7;
motion carved 5:0.
C1. APPLICATION BY THE COUNTY OF SAN LUIS OBISPO FOR GRANT FUNDS FOR THE
BISHOP PEAK TRAIL (File No. 704-06)
City Council Meeting
Tuesday, November 17,1998 - 7:00 p.m.
Page 2
Council considered a resolution in support of an application by the County of San Luis
Obispo for grant funds for the Bishop Peak Trail.
ACTION: Moved by Williams /Schwartz to 1) adopt Resolution No. 8871 supporting
an application by the County of San Luis Obispo for grant monies in the amount of
$25,000 from the Recreational Trail -Program (RTP) as administered by the California
Department of Parks and Recreation, to complete the funding of the Bishop Peak
Trail construction; and, 2) allocate $10,000 from the General Fund Unappropriated
Reserve, as grant matching funds; motion carried 5:0.
C2. AUTHORIZATION TO APPLY FOR GRANT FUNDS FROM THE NATIONAL FISH AND
WILDLIFE FOUNDATION CHALLENGE GRANT PROGRAM (File No. 704 -06)
Council considered authorizing the application for grant funds from the National Fish and
Wildlife Foundation Challenge Grant Program.
ACTION: Moved by Williams/Schwartz to approve Resolution No. 8872 authorizing
staff to complete and submit an application for grant monies in the amount of
$176,500 from the National Fish and Wildlife Foundation's Challenge Grant Program,
which would be used in support of the acquisition of land on the East Fork of San
Luis Obispo Creek, near the Filipponi property at South Higuera Street; motion
carved 5:0.
C3. PARKING ON BISHOP STREET NEAR TERRACE HILL (File No. 704-06)
Council considered approving curb parking along the north side of Bishop Street west of
Augusta Street
CAO John Dunn stated that neighbors have concerns regarding parking on Bishop Street and
suggested consideration of approving parking during the day only. Public Works Director
McCluskey commented in support and indicated staff can erect no parking signs that
designate no parking rusk to dawn.
Public Comment:
Anthony Anflatas, area resident, expressed concerns regarding parking and stated that local
police don't respond to complaints from the neighbors about noise from student parties. He
asked for closer monitoring. .
Action: Moved by Romero/Williams to approve the installation of curb parking along
the north side of Bishop Street west of Augusta Street as modified with no parking
dusk to dawn; motion carried 5:0.
C4. MEMORANDUM OF AGREEMENT BETWEEN THE CITY AND THE CITY EMPLOYEES'
ASSOCIATION (SLOCEA) (File No. 509 -02)
Council considered approving the Memorandum of Agreement between the City and the
City Employees' Association (SLOCEA).
ACTION: Moved by Williams /Schwartz to adopt Resolution No. 8873 approving the
Memorandum of Agreement; motion carried 5:0.
City Council Meeting Page 3
Tuesday, November 17,1998 - 7:00 p.m.
C5. REVENUES AND EXPENDITURES' FOR DEVELOPMENT IMPACT FEES (File No. 412-
' 10)
Council considered receiving and filing annual statements of revenues and expenditures for
development impact fees.
Vice Mayor Romero expressed concern about the number of projects paid for by
transportation impact fees and stated for the record that it is improper to collect traffic impact
fees and not use the funds for the proper purpose. These projects should be paid out of the
General Fund, he asserted.
ACTION: Moved by wlliams/Roalman to receive and file the annual statements;
motion carved 5:0.
C6. REQUEST FOR PROPOSALS —CAL POLY ANNEXATION FISCAL ANALYSIS (File No.
208-03)
Council considered approving a request for proposals (RFP) to evaluate the costs and
benefits of annexing Cal Poly.
Council Member Schwartz stated he is skeptical about annexing Cal Poly and suggested that
City staff first seek approval by Cal Poly President Baker and the Board of Trustees. He
voiced disapproval of spending $30,000 to study the issue. CAO Dunn clarified that the
agenda item was for fact- finding only and that no action to annex is being recommended at
1 this time. He emphasized that staff is not advocating annexation and reported that the
request to postpone the agenda item was made by President Baker to allow Cal Poly to review
the issue. Vice Mayor Romero commented that the concept has been around for 30 -35 years
and exclaimed that it is time to study it in more detail, unless Cal Poly disagrees.
ACTION: Moved by Roalman/Williams to continue to work with Cal Poly regarding
possible annexation; motion carved 4:1 (Schwartz).
C7. REVISION TO THE TRANSIENT OCCUPANCY TAX (TOT) PROGRAM (File No. 409 -06)
Council consideration of implementing a modified version of the Transient Occupancy Tax
(TOT) records review program based on Chamber of Commerce suggestions after meetings
with the hotellmotel operators.
This item was pulled by Council Member Schwartz who commented in opposition to the
analysis and proposal. He argued that the City has an obligation to the public to ensure that
the revenues generated by the TOT are properly recorded. He voiced disapproval of the
benefit analysis idea and proposed another method for analysis be devised.
Shelly Stanwvck, Chamber of Commerce, reported that the Chamber worked closely with City
staff and the hotel community to develop a good compromise for how to implement the
program and added that she believes that it will achieve the goal.
Finance Director Statler summarized the random drawing concept proposed and responded
to additional questions from the Council. Council Member Schwartz suggested modifying the
process to examine an equal share of small, medium and large -size hotels each year. Council
Member Roalman proposed reviewing one -third of the hotels each year for three years. Vice
City Council Meeting Page 4
Tuesday, November 17, 1998 - 7:00 p.m.
Mayor Romero recommended that all hotels be examined over a period of four years.
Discussion ensued.
ACTION: Moved by Roalman/Schwartz to adopt the staff recommendation with the
modification that all motels/hotels be audited within a 3 year period (all 37 audited
over the period, twelve in first year, twelve in second and thirteen in third year), with a
cost benefit analysis; motion passed 3:2 (Settle, Williams).
COUNCIL LIAISON REPORTS
There were no Council Liaison Reports.
PUBLIC HEARINGS
LAGUNA LAKE PARK MASTER PLAN (File No. 208 -02)
Council held a public hearing to consider amending the phasing component of the Laguna
Lake Park Master Plan and reallocate $50,000 from the Phasing Plan to a design and
construction project. Parks & Recreation. Director Paul LeSaae, provided the staff report and
recommendations. Brief Council discussion followed regarding the lake dredging process. It
was noted that additional discussion on this topic was scheduled for December 8,1998.
Mayor Settle opened the public hearing.
Christine Mullholland task force member, spoke in support of the recommendation
emphasizing that the task force wants to see the dredging accomplished. Implementation
of the Park Plan hinges on the dredging, she said, adding that the current recommenda-
tions are for what can be done now before dredging.
David Chipping, California Native Plant Society, recommended strategic grazing for
managing some plants in the area.
Phil Ashley commented in support of the recommendation.
Mayor Settle closed the public hearing.
Council Member Schwartz recommended that the boardwalks be completed as part of this
phase. Vice Mayor Romero commented that he believes the first priority should remain the
dredging. Parks & Recreation Director LeSage reported that the projects proposed were
selected because the dredging will not have an impact on them.
ACTION: Moved by WiIliams/Roalman to 1) adopt Resolution No. 8874 to approve
amending the Phasing Plan of the Laguna Lake Park Master Plan; and, 2) approve
reallocating the $50,000 designated. in the 1997 -99 Capital Improvement Program for
design of the Laguna Lake Park Master plan, to a $50,000 design and construction
project; motion carried 5:0.
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2. AMENDMENT TO OPEN SPACE ELEMENT (File No. 208 -02)
Council held a public hearing to consider amending the Open Space Element to redesignate I
certain plants listed by the California Native Plant Society from sensitive habitat to unique
resource.
City Council Meeting Page 5
Tuesday, November 17,1998 - 7:00 p.m.
Staff presentation was provided' 6y Long Range Planning Manager John Mandeville, Glenn
Matteson and Natural Resource Manager Neil Havlik:'City Attorney Jorgensen clarified that the
' proposal is to shift the category of plants and emphasized that not all instances will require
mitigation to take place off site. He said an analysis would be required on a case- by-case
basis. Council questions followed.
Mayor Settle opened the public hearing.
Jan Howell Marx, Council Member - Elect, stated she was representing herself as a member
of the public and a planning commissioner who voted in opposition to the staff
recommendation. She argued that the proposed ordinance represents a sweeping change
to accommodate one developer and, using overhead transparencies, she asserted that the
process has not been followed as defined in the policy. Reading from an excerpt of the
Open Space Element, she concluded that a standard was set and urged the Council to not
lower the standard at this time.
Hamish Marshall spoke in support of the ordinance and stated that the tarplant will not be
protected without the amendment
Matthew Kennedy legal counsel for Bank of America (DeVaul Trust), commented that
management of the DeVaul property will be best served by approving the amendment and
added that if the proposal is not accepted it will negatively impact the property.
Shelly Stanwvck. Chamber of Commerce, spoke support of the staff recommendation
because it will facilitate a compact urban form for the community. She urged the Council to
avoid another hurdle in the tentative airport area annexation process.
David Chipping, California Native Plant Society (CNPS), distributed a position paper (filed
with the City Clerk) in opposition to lowering the standard of protection and offered some
suggested revisions to the ordinance language. He urged the Council to protect the plant
in place or look at other alternatives to fully mitigate. Don't apply this standard to every
weaker plant, he added. Dr. Chipping answered questions from the Council regarding the
tarplant
Phil Ashley, career biologist, shared four concerns: 1) proposed lowering of protection
without solid evidence that the plant needs to be protected, 2) CNPS does not recognize off
site mitigation; 3) Open Space Element is consistent with the Land Use Element; don't
lower standard, and 4) Council has authority under CEQA to adopt a statement of
overriding considerations. He urged the Council to use a project -by- project mechanism,
but not to reduce the standard.
Andrew Merriam remarked that the planning community deserves a flexible standard to
create the proper community balance. He encouraged a pragmatic approach with an
opportunity for the public to comment.
David Jeffrey planning commissioner, spoke in favor of the draft ordinance arguing that it
does not lower the bar but raises it.
John French put the regulation in perspective to others. If 1994 plan is expected to be met,
the staff recommendation is a good one. Accept it and go forward, he concluded.
1 Mayor Settle closed the public hearing.
City Council Meeting
Tuesday, November 17,1998 - 7:00 p.m.
Page 6
Staff and Council comments followed. 1
Council Member Roalman suggested that an additional box be added to the flow chart in
the Open Space Element (page 36) incorporating language as suggested by Dr. Chipping:
"Species protected in "sensitive habitat" may be subject to alternative management
strategies, such as ex-situ conservation, only when there is compelling environmental
advantage to adopt such strategies. Alternative management strategies shall not
contribute to the decline of a species, and take of a protected species shall be mitigated."
Staff noted that the recommendation presented by Dr. Chipping is broader than what staff
is recommending.
Vice Mayor Romero indicated he was not in favor of suggestions made by Dr. Chipping. He
noted that he does, however, agree that the City cannot protect the plant in small pockets.
Council Member Williams agreed and urged sensitivity to the plant where and when
possible.
Council Member Roalman remarked that he would support a motion to move the CNPS-
listed plants from sensitive to unique with a statement that there must be a compelling
environmental advantage for relocation. Mayor Settle argued that "compelling
environmental advantage" is hard to measure. Council Member Roalman agreed to drop
the word "compelling ".
Council Member Schwartz spoke in favor of approving the recommendation as presented
and noted that revisions can be made later, as needed. Mayor Settle agreed.
ACTION: Moved by Williams/Romero to adopt Resolution No. 8875 to approve a '
negative declaration of environmental impact and to amend the Open Space
Element, so certain types of plants listed by the California Native Plant Society, but
not by State or Federal endangered species laws, can be protected on or off any
proposed development sites where they may be found, rather than only at their
observed locations within such sites; motion passed 4:1 ( Roalman)
COMMUNICATIONS
Mayor Settle informed the Council of an opportunity to view mitigation made in the San Luis
Creek and proposed that the Council tour the creek stabilization project. Council agreed to
meet on Tuesday, November 24'" at 3:00 p.m. to tour the project.
Vice Mayor Romero asked staff to create a task force to work with the Downtown Association
to formulate recommendations and actions to improve current negative situations occurring
during Farmers' Market and late evening hours on weekends. The City Administrative Officer
agreed to return with an update and recommendation.
There being no further business to come before the City Council, Mayor Settle adjourned the
meeting at 10:59 p.m. to Tuesday, December 1, 1998 at 7:00 p.m. in the Counc ber, 990
Palm Street, San Luis Obispo. _ r ZD
APPROVED BY COUNCIL: 12/15198
LP:dr
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Lee Price, C:M.C.
City Clerk':, -