HomeMy WebLinkAbout08/04/1987M I\ T F S
REGULAR MEETING OF THE CITY COU %CIL
CITY OF SAN LUIS OBISPO
TUESDAY. AUGUST 4, 1987 - 7:00 P.M.
COUNCIL CHAMBER, CITY HALL. 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
COMIC iimemberS
Present: GlennaDeane Dovey. Vice -Mayor Robert E. Griffin. Penny
Rappa. Allen K. Settle and Mayor Ron Dunin
A;) s P.n t: None_
City Staff
Present: John Dunn, City Administrative Officer: Roger P.icduet, City
Attorney: Pam Voges. City Clerk: Michael Multari. Conunuiii-.p
Development Director: Dave Romero, Public Works Director:
Toby Ross. Assistant CAO; Steve Henderson. Assistant to CAO:
Mike Dolder, Fire Chief: Bill Hetland. Utilities Manager:
Ann Crossey. Personnel Director; Jim Stockton. Recreation
Director; Candace Havens, Parking Program Coordinator: Dave.
Elliott. Administrative Analyst
C O N S E N T _A G E N D A
Moved by Rappa /Settle (5 -0), the Consent Agenda was approved as
recommended by the City Administrative Officer. The following actions
taken as indicated:
C -1 COUNCIL MINUTES
Council minutes of Tuesday, June 2, 1987 - 7:00 p.m. and Tuesday. .June 16,
1987 - 7:00 p.m. were approved as amended (5 -0).
C -2 CONTRACT PAY ESTIMATES (ROMERO)
Contract pay estimates and change orders approved and ordered paid as
amended.
C -3 CLAIM AGAINST THE CITY - MARCOM (File *189)
Claim against the City by Edward H. Marcom in the amount of S4.532.50 for
damage to car wash at 393 Marsh Street allegedly caused by city sewer line
failure during electrical undergrounding project was denied as recommended
(5 -0).
C -4 ADVISORY BODY APPOINTMENTS (File 1125)
Bruce Seivertson and Charles Quinlan appointed to the Cultural Her.ita;r
Committee as recommended with terms to expire 3 -31 -88 and 3 -31 -89
respectively.
C -5 PLANS AND SPECS - TRAFFIC SIGNAL (Romero)
Plans and specifications for "Traffic Signal InstallaLion and Road
Widening" on South Higuera and Los Osos Valley Road. City Plan No. M -OiC
bid estimate $61,000 approved and staff authorized to advertise for bids
as recommended. Staff directed to write a letter to the Los Verdes Home
Association and Montessori School District noticing them of the city's
plan to install the signal as previously requested.
1
L
City Council Minutes Page 2
Tuesday, August 4, 1987 - 7:00 p.m.
C -6 STENNER CANYON RESERVOIR PROJECTS (File =87- 17:'87 -16)
C -7 SUBDIVISION IMPROVEMENTS _ TRACT 1232 (File =410 -1232)
Resolution To. 6285 (1987 Series), was adopted as recommended accepring
subdivision improvements for Tract 1232, creating a 13 -unit air -space
condominium project at 1490 Descanso; Harreson Raynier and Rif -hard Webster
(Laguna Hill Park), subdividers (5 -0).
C -8 SUBDIVISION IMPROVEMENTS - TRACT 1272 (File 4410 -1232)
Resolution_No. 6286 (1987 Series), was adopted as recommended accepting
subdivision improvements for Tract 1272, creating a 1471ot residential
subdivision located at 2377 Flora Street and 2348 Johnson Avenue: Joe
Boud, et al. subdividers (5 -0).
C -9 FIREFIGHTER'S AGREEMENT (File #624)
Resolution No. 6287 (1978 Series), was adopted as recommended approving
the Memorandum of Agreement between the City and the Firefighter's
Association for a period of three years (July 1, 1987, through .Jane 30.
1990) (5 -0).
C -10 SALVATION ARMY GRANT (File #1011)
' Resolution No. 6288 (1978 Series), was adopted as recommended approving a
grants -in -aid contract with the Salvation Army for fiscal year 1987 -88 for
$25.000 (5 -0).
C -11 PROPERTY RESCISSION (File #554)
Resolution No_ 6289 (1987 Series), was adopted as recommended declaring
necessity no longer exists and authorization withdrawn for eminent domain
proceedings for real property at 751 Marsh Street (Crocker Building)
(5 -0).
C -12 PROPERTY ACQUISITION /DISPOSITION (File #165/161)
Resolution Co. 6290 (1987 Series), was adopted as recommended approving
option agreement and related documents regarding acquisition of property
on Orcutt Road (1.94 acres adjacent to the Southern Pacific Railroad) and
sale of surplus property on 642 Emily Street (5 -0).
A D V I S O R Y B 0 D Y A P P O I N T M E N T
A. PLANNING COMMISSION APPOINTMENT (File #125)
Recommendation by the Council Subcommittee (Griffin and Duni_n) of 2
appointment to the Planning Commission to fill an unexpired term expiring
'
March 31, 1988. Moved by Grif_in!Dun.in to appoint ,Jerry Reiss to the
Planning Commission to fill the unexpired term ending March 31. 1988 (4 -1.
Councilwoman Rappa voting no).
P U B L I C H E A R I N G S
1. FLOOD PREVENTION (File #597)
Council held a public hearing to consider giving final passage to
Ordinance No. 1093 ammending the flood prevention regulations of the
Municipal Code to bring it into conformity with requirements of the Flood
Insurance Administration of FEMA (continued from 7- 21 -87).
Resolution No.
6284 (1987 Series), was adopted awarding contract
for
Stenner Canyon
Reservoir No.
2. Cover and Lining project. City Plan
No.
L -17M: bid estimate
$290.000
without contingencies. to Sta.-Flex
Corporation in
the amount of
$288,000. Also awarded was contract
for
_
Stenner Canvon
Reservoir No.
2, Piping Modification Project, City
Plan No.
L -21M: bid estimate
$20.000
without contingencies. to R. Baker Corporation
'
in the amount
of $36.354 as
recommended (5 -0).
C -7 SUBDIVISION IMPROVEMENTS _ TRACT 1232 (File =410 -1232)
Resolution To. 6285 (1987 Series), was adopted as recommended accepring
subdivision improvements for Tract 1232, creating a 13 -unit air -space
condominium project at 1490 Descanso; Harreson Raynier and Rif -hard Webster
(Laguna Hill Park), subdividers (5 -0).
C -8 SUBDIVISION IMPROVEMENTS - TRACT 1272 (File 4410 -1232)
Resolution_No. 6286 (1987 Series), was adopted as recommended accepting
subdivision improvements for Tract 1272, creating a 1471ot residential
subdivision located at 2377 Flora Street and 2348 Johnson Avenue: Joe
Boud, et al. subdividers (5 -0).
C -9 FIREFIGHTER'S AGREEMENT (File #624)
Resolution No. 6287 (1978 Series), was adopted as recommended approving
the Memorandum of Agreement between the City and the Firefighter's
Association for a period of three years (July 1, 1987, through .Jane 30.
1990) (5 -0).
C -10 SALVATION ARMY GRANT (File #1011)
' Resolution No. 6288 (1978 Series), was adopted as recommended approving a
grants -in -aid contract with the Salvation Army for fiscal year 1987 -88 for
$25.000 (5 -0).
C -11 PROPERTY RESCISSION (File #554)
Resolution No_ 6289 (1987 Series), was adopted as recommended declaring
necessity no longer exists and authorization withdrawn for eminent domain
proceedings for real property at 751 Marsh Street (Crocker Building)
(5 -0).
C -12 PROPERTY ACQUISITION /DISPOSITION (File #165/161)
Resolution Co. 6290 (1987 Series), was adopted as recommended approving
option agreement and related documents regarding acquisition of property
on Orcutt Road (1.94 acres adjacent to the Southern Pacific Railroad) and
sale of surplus property on 642 Emily Street (5 -0).
A D V I S O R Y B 0 D Y A P P O I N T M E N T
A. PLANNING COMMISSION APPOINTMENT (File #125)
Recommendation by the Council Subcommittee (Griffin and Duni_n) of 2
appointment to the Planning Commission to fill an unexpired term expiring
'
March 31, 1988. Moved by Grif_in!Dun.in to appoint ,Jerry Reiss to the
Planning Commission to fill the unexpired term ending March 31. 1988 (4 -1.
Councilwoman Rappa voting no).
P U B L I C H E A R I N G S
1. FLOOD PREVENTION (File #597)
Council held a public hearing to consider giving final passage to
Ordinance No. 1093 ammending the flood prevention regulations of the
Municipal Code to bring it into conformity with requirements of the Flood
Insurance Administration of FEMA (continued from 7- 21 -87).
City Council Minutes Pave
Tuesday. August 4. 1987 - 7:00 p.m.
Dave Romero. Public works Director, recommended that Council Give fir.ai
passage to the ordinance as recommended.
Manor Dunin declared the public hearing open. No one spoke for or against
the proposed ordinance.
Ma }`or Dunin declared the public hearing closed
Moved by Settle/Dover (5 -0), Ordinance _No. _1093 was given final passiige as
recommended. - -- - - --- - --
2. THEATRE LOADING ZONES (File x552)
Council held a public hearing to consider giving final passage to
Ordinance No. 1096 amending the Municipal Code to allow Loading in white
zones in front of theatres at all times (continued from 7 -21 -87 and
7- 27 -87).
Dave Romero. Public works Director, reviewed the agenda report with the
recommendation that Council give final passage to the ordinance.
Mayor Dunin declared the public hearing open. No one spoke for or against
the proposed passage. Mayor Dunin declared the public hearing closed.
)loved by Dovey /Griffin (5 -0), ordinance _No. 1096 given final passage. as
recommended.
3. WEED ABATEMENT (File x723)
Prior to giving his report on the weed abatement program. Fire Chief Mike
Dolder. was asked to give a brief update on the Santa Margarita fire.- He
stated at this time the fire has burned approximately six hundred acres
and was expected to be under control by the following day. ,
Upon general consensus, Council requested he report back on the
surrounding areas of fire abatement in the county.
After discussion and upon general consensus, the Fire Chief was asked to
contact the county with the possibility of a joint approach for weed
abatement on the periphery of the city on county land. In the event that.
staff was unable to work out a mutually agreeable agreement with county
staff, the Council stated they would be willing to meet with the Board of
Supervisors. Staff to report back on their efforts.
Council held a public hearing to consider confirming costs to property
owners for the removal of weeds in various areas of the city (total. of 36
properties with weed assessments of $23,833).
Mike Dolder, Fire Chief, asked the Council to adopt the resolution with
revisions as of 4:30 this afternoon.
.Mayor Dunin declared the public hearing open. No one spoke for or against
the proposed assessments.
Mayor Dunin declared the public hearing closed.
Moved by Dovey /Griffin (5 -0), Resolution No. 6291 (1987 Series) was
adopted confirming costs to property owners as amended.
Moved by Griffin /Settle (5 -0), Resolution No. _6297 (1987 Series) was
adopted approving the Resolution of Appreciation for Police Chief Doti
Englert.
4. UNDERGROUND UTILITIES (File :563)
Council held a public hearing to consider an ordinance modifying
Underground Utility District No. 11 to provide undergrounding of overhead
public utility lines and poles on So. Higuera Street near South Street
(continued from 7 -21 -87 and 7- 27 -87).
City Council Minutes i
Tuesday, August 4, 1987 - 7:00 p.m.
Dave Romero, Public works Director. reviewed.the agenda report with
recommendation that Council adopt the ordinance which would modifv the
underground utility district as recommended by staff (Alternative yo. 1).
Bob Bover, representing PG &E, responded to Council questions.
}for Dunin declared the public hearing open.
Bob Bover representing PG& E clarified finding levels that are a•, ;j .1;ibiit
For the undergrounding.
Per Mathiesen of Mat's "Dr?ke and Alignment. spoke in support of thr.
recommended action. He urged. however, aF�iinst going to the. bac:< uF the
property line for undergrounding as he felt that it would cause him to go
out of business due to the high expense.
flavor Dunin declared the public hearing closed.
Councilmembers Griffin and Settle stated for the record that. they had had
an opportunity to listen to the tapes from the previous meeting concerning
this item.
Councilman Griffin also stated that he felt that a policy statement that
was more discerning of the type of streets for the major entry into the
community should be reviewed.
Upon general consensus the underground utility policy statement to come
back with revisions as discussed at the previous two meetings.
5. APPEAL - B.I.A. (File #536)
Council held a public hearing to consider an appeal by Michael Frucht of a
decision by the Business Improvement Association to deny him the use of
the street in front of his business (Michael's Delicatessen) at 785)
Higuera Street on Thursday nights.
Roger Picquet, City Attorney, asked that this item be continued to allow
time for staff to come back with a report. He suggested the item be
continued to date certain September 1. 1987.
Moved by Settle/Rapp a (5 -0), this item be continued to date certain
September 1, 1987.
6. AMUSEMENT ARCADE (File 4705)
Council held a public hearing to consider a request to allow a video game
arcade in the Central Coast Plaza Mall located at 321 Madonna Road. Space
' 75. Larry Stearn, applicant.
Mike Multari, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council adopt the resolution which
would approve the use permit based on findings and subject to conditions
as noted.
Mayor Dunin declared the public hearing open.
Larry Stearn, Northridge, CA, spoke in support of his appeal.
Mayor Dunin expressed concern about the numbers of employees on the floor
and would urge that at least two to three persons. be on the Floor at all
times.
Councilwoman Rapp a suggested that staff be encouraged
to look at the!
original ordinance and the
ordinance policy statement
for possible
revisions. She had several
suggestions for this. She
then moved that
Council continue this item
to the first meeting in September
to allow
sufficient review by staff.
Motion failed for lack of
a second.
Moved by Settle./Dove y (4 -1.
Councilwoman Rappa voting
no), Ordinance No.
'
1097 (1987 Series), be introduced to print modifying the
Undergrounding
Utility District No. 11 as
recommended.
Upon general consensus the underground utility policy statement to come
back with revisions as discussed at the previous two meetings.
5. APPEAL - B.I.A. (File #536)
Council held a public hearing to consider an appeal by Michael Frucht of a
decision by the Business Improvement Association to deny him the use of
the street in front of his business (Michael's Delicatessen) at 785)
Higuera Street on Thursday nights.
Roger Picquet, City Attorney, asked that this item be continued to allow
time for staff to come back with a report. He suggested the item be
continued to date certain September 1. 1987.
Moved by Settle/Rapp a (5 -0), this item be continued to date certain
September 1, 1987.
6. AMUSEMENT ARCADE (File 4705)
Council held a public hearing to consider a request to allow a video game
arcade in the Central Coast Plaza Mall located at 321 Madonna Road. Space
' 75. Larry Stearn, applicant.
Mike Multari, Community Development Director, briefly reviewed the agenda
report with the recommendation that Council adopt the resolution which
would approve the use permit based on findings and subject to conditions
as noted.
Mayor Dunin declared the public hearing open.
Larry Stearn, Northridge, CA, spoke in support of his appeal.
Mayor Dunin expressed concern about the numbers of employees on the floor
and would urge that at least two to three persons. be on the Floor at all
times.
Cit_d "o:ncil Minutes Pr�F
Tuesday. august 4. 1987 - 7:00 p.m.
Maynr_Dunin declared the public hearing closed.
Councilwoman Rap a stated she didn't have a problem with tho proposl,d use.
6LIt was concerned with the approach. She suggested that the zoning
ordinance should come back for possible amendment regarding video uses,
after discussion it was moved by Rap ap /Dovey (5 -0) to adopt the Resolu_t._on
\n. 6292. approving the use permit to allow the video arcade hased on the
Findings and subject to the conditions with amendments as dir:cussed by
Council this evening.
D; ren fral consensus, staff was directed *.o bring back ponsibie
to the Ordinance affecting, the operation of the electronic game aII11lSl'_IIIe!1C
renters and with revisions to the problem of addressing possible
nun - conforming status if neighboring uses change.
7. GENERAL PLAN /REZONING - OSOS (GP /R 13101 (File =463)
Council held a public hearing to consider amending the Land Use Element
map and zoning map to change the designation from service commercial /light
industrial with special considerations /historic (C- S -S -II) to
retail- commercial with special considerations /historic (C- R -S -H) at 1819
Osos Street: Vintage Properties, applicant.
Michael Multari. Community Development Director, reviewed the agenda
report with the recommendation that Council adopt the resolut.inn amending
the general plan and to introduce the ordinance that would rezone the
railroad square area to (C- R -S -H) as recommended.
Mayor Dunin declared the public hearing open.
Al McVay. 992 Monterey Street, stated that after three hearings before the I
Planning Commission, they were unable to make a majority recommendation.
He would encourage Council's approval and was available for questions..
Mayor Duriin declared the public hearing closed.
Moved by Settle /Griffin (5 -0), Resolution No. 6293 (1987 Series). w,is
adopted amending the Land Use Element map as recommended.
Moved by Settle /Griffin. Ordinance No. 1098_. was introduced to print
rezoning the property at 1819 Osos Street from (C- S -S -H) to (C- R -S -H) as
recommended (5 -0).
Moved by Rappa /Dunin (5 -0), to direct staff to look at the concept of the
specific plan when the Land Use Element update is undertaken.
8:50 p.m. Mayor Dunin declared a recess.
9:00 p.m. City Council reconvened. All councilmembers present..
P U B L I C C O M M E N T
1. Lucille Janisse and Walter
Foster reviewed their petit.ion of over
2.730
signatures urging review
of Sonic
Cable TV's franchise and stated
their
concerns over the poor service
and
higher rates.
After
brief discussion and upon
general
consensus staff was directed r.0
I
report
back on alternatives and
options
available.
8. CITY /COUNTY LIBRARY (File #571)
Council considered an award of contract for "City /County Library Project"
at 955 Palm Street: estimated cost $2,715.000. Bids were opened on
July 9, 1987, by the County of San Luis Obispo.
Candace Havens. Parking Program Coordinator. reviewed the agenda report
with the recommendation that Council adopt the resolution awarding the
contract to Maino Construction Company.
Council !Minutes Page 6
Tuesday, .august ?. 1987 - 7:00 p.m.
Mavor_Dunin asked for public comment.
After brief discussion. moved by Settle Dunin (5 -0), to adopt Resolut.ion_
G "94 (1987 Series) awarding the contract to Maino Construction Company
in the amount of S2,882,911 and $125,000 be appropriated to Cover
additional project costs and include minor wording changes by Councilwoman
Dovey.
9. DESIGN SERVICES - _ VENTURA _GROUP (File #571)
Council considered an amendment to an agreement for design services with
r -he Ventura Group Architects in connection with the remodeling of i Cite
nwnr.d building at 955 Morro Street estimated at S32.640.
Dave Elliott, Administrative Analyst, briefly reviewed the a .rendri report
with the recommendation that Council adopt the resolution approving the
amendment including the transfer of $35,000 to cover the additionai costs.
After brief discussion, moved by Settle / Dunin (5 -0). Resolution No. 6295
(1987 Series) was adopted approving amendment no. 3 to the agreement for
the design services with Ventura Group Architects including the transfer
of 535.000 from the reserve sharing fund CRP appropriation to the 955
remodeling project with minor amendments as proposed.
10. WATER POLICY STATEMENT (File #512)
Council reviewed the draft Water Policy Statement prepared by the League
of California Cities.
Bill Hetland, Utilities Manager, briefly reviewed the agenda report with
the recommendation that Council review and comment on the statement.
Council delegate (Rappa) to forward the draft statement to represent Elie
1 Council's position to the Channel Counties Division of the League of
California Cities.
After brief discussion, moved by Rappa /Settle (3 -2, Councilmembers Dovey
and Dunin voting no), the staff recommendation was approved.
Councilwoman Rappa to forward the draft Water Policy Statement to the
League as recommended.
Upon general consensus, the City Administrative Officer was directed to
write a letter to the U.C. Cooperative Extension Director encouraging the
r.ontinuation of stressing the importance of education and understanding of
California's water concerns.
11. DESIGN SERVICES - PARKING STRUCTURE #2 (File #551)
Dave Romero. Public Works Director, reviewed the agenda report with the
recommendation that Council adopt the resolution approvin; the agreement
with Conrad Building Systems to provide design services as recommended.
Bruce Fraser, architect. was available for questions.
After brief discussion, moved by Settle/Dove y (5 -0). Resolution No. C3296
was adopted approving the agreement with Conrad Building Systems to
provide design services as recommended.
C O M M U N I C A T I O N S
Comm. 1. Communication was received and filed from _Warren Sinshei_mer.
Cal Poly Foundation, concerning the proposed formation and charge for tine
performing arts facility.
10:40 p.m. Mayor Dunin adjourned the meeting to Monday, august 24. 1987 at
i p.m. for the continued discussion of the stewater ManagementiWat.er
Operational Plan.
Prom Voges, City r r<
APPROVED BY COUNCIL: 10- -20 -87
gy