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HomeMy WebLinkAbout09/20/1994MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 20, 1994 - 7:00 P.M. CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Member Penny Rappa, Dave Romero, Bill Roalman, Vice -Mayor Allen K. Settle and Mayor Peg Pinard Absent: None City Staff Present: Diane Gladwell, City Clerk; Jeff Jorgensen, City Attorney; Ken Hampian, Assistant City Administrative Officer; Mike McCluskey, Public Works Director, Arnold Jonas, Community Development Director; Bill Statler, Finance Director; Bob Neumann, Fire Chief PUBLIC COMMENT PERIOD There were no public comments. PRESENTATIONS P -1 Anne Klein Greg Thomas and Dr. Steve Hansen of the California Healthy Cities Project presented a Smoke Free Cities Leadership Award. Former Council Member Jerry Reiss sat at the dias during the presentation. CONSENT AGENDA Moved by Settle/Roalman to approve the Consent Agenda as recommended by the City Administrative Officer with the exceptions of C-4, C -5, C-8 and C-9 as noted; motion carried (5-0). C-1 COUNCIL MINDS Council considered the minutes of: Tuesday, June 14, 1994 at 7:00 p.m.; Tuesday, June 21, 1994 at 7:00 p.m.; Tuesday, June 28, 1994 at 7:00 p.m.; Thursday, July 7, 1994 at 7:00 p.m.; Tuesday, July 12, 1994 at 7:00 p.m.; Tuesday, July 19, 1994 at 6:00 p.m. and 7:00 p.m.; Wednesday, July 20, 1994 at 7:00 p.m. Tuesday, July 26, 1994 at 6:00 p.m. and 7:00 p.m.; Wednesday, July 27, 1994 at 7:00 p.m.; Tuesday, August 23, 1994 at 7:00 p.m.; Tuesday, August 30, 1994 at 6:00 p.m. and 7:00 p.m. City Council Meeting Page 2 Tuesday, September 20, 1994 - 7:00 PM Moved by Settle /Roalman to waive oral reading and adopt the minutes; motion carried C-2 DELINQUENT SOLID WASTE COLLECTION & DISPOSAL ACCOUNTS (File No. 142) Council considered authorizing the San Luis Obispo County Assessor to assess the amounts due to San Luis Garbage Company on delinquent accounts for provision of solid waste collection and disposal services as liens against the properties involved. Moved by Settle /Roalman to adopt Resolution No. 8350 authorizing liens on delinquent accounts; motion carried (5-0). C-3 LEAGUE VOTING DELEGATE (File No. 362) Council considered appointing a voting delegate and alternate for the Annual League of California Cities Conference, October 23 - 25, 1994. Moved by Settle /Roalman to appoint Vice Mayor Settle as voting delegate and Council Member Rappa as alternate; motion carried (5-0). C-4 PRELIMINARY EIR - NACIMIENTO WATER PROJECT (File No. 517) Council considered the Preliminary Engineering and Environmental Impact Report Reservation and ' Participation Agreement. Moved by Settle /Roalman to approve the revised Nacimiento Water Supply Project allocation request of 3,380 acre -feet per year (afy), approve Nacimlento Project Preliminary Engineering and Environmental Impact Report Reservation and Participation Agreement, and authorize the Mayor to execute Agreement No. A- 15.94 -CC to continue participation in the project; motion carried (5-0). C-5 PENNINGTON CREEK FISHERY PROJECT (File No. 517) Council considered approving the Pennington Creek Fishery Improvement Project, subject to agreement by California Sportfishing Protective Alliance to withdraw their protest of the City's petition for time extension. Council discussed mitigation to steelhead fishery and changes to water law. Moved by Settle/Roalman to approve the Pennington Creek Fishery Improvement Project; motion carried (5-0). C-6 DOWNTOWN HOUSING STUDY WORKSCOPE (File No. 427) Council considered the draft workscope for the Community Development Block Grant (CDBG) Downtown Housing Study. Moved by Settle/Roalman to endorse the draft workscope for the CDBG Downtown Housing Study; motion carried ("). C-7 FEDERAL TRANSPORTATION GRANT (File No. 549) City Council Meeting Page 3 Tuesday, September 20, 1994 - 7:00 PM Council considered applying for a Federal Transit Administration (FTA) Section 9 grant in the amount of $615,385 towards capital and operating support for SLO Transit. Moved by Settle /Roalman to Resolution No. 8351 authorizing staff to apply for FTA grant; motion carried (5-0). C-8 AMENDMENT TO UTILITY CONTRACT (A- 105- 92 -CC) Council considered Amendment No. 2 to the contract with Black and Veatch (A- 105- 92 -CC) for construction support services for the Water Treatment Plant Modification Project increasing the maximum compensation by $70,250. Council discussed not extending the contract. Moved by Romero /Roalman to approve Amendment No. 2 and appropriation of $70,250 from the Water Fund balance to cover the amendment; motion carried (5-0). C-9 UNIFORM, LINEN, LAUNDRY SERVICES (File No. 95.17) Council considered approving an Invitation for Bids (IFB) to Furnish Uniform, Linen, and Laundry Services, Specification No. 95.17; contract cost estimate, $115,000 ($42,400 per year over 3-1/3 years plus $9,000 in one -time costs for jackets and City emblems). Council discussed the budget for cleaning uniforms and less expensive alternatives. 1 Moved by Settle /Romero to approve IFB and authorize the CAO to award the agreement if the lowest responsible, responsive bid is below the contract cost estimate; motion carried (5-0). C-10 MARSH STREET BANNER LOCATION (File No. 805) Council considered the new banner design and location at Marsh Street and Cannel. Moved by Settle /Roalman to approve and authorize Public Works Director to pursue banner design and proposed location; motion carried (5-0). C-11 OPEN SPACE ACQUISITION (File No. 168) Council considered approving the allocation of $5,300 from the Open Space Acquisition budget to acquire 8.5 acres of wetland to be designated as City open space. Christine Peralta, San Luis Obispo, thanked Council for the acquisition. Council discussed the easement. Moved by Settle /Raoaa to approve allocation for acquisition of open space, authorize the Mayor to execute Agreement No. A-16-94-CC and name the property `Let It Be Nature Preserve"; motion carried (4-1, Council Member Romero voting no). 1 City Council Meeting Page 4 Tuesday, September 20, 1994 - 7:00 PM C-12 MUNICIPAL ADVOCATE ORDINANCE (File No. 327) Council considered giving final passage to an ordinance to provide for a procedure to publicly disclose principals and other parties of interest who are paying or being paid to influence the decisions being made by the City. (Continued from 8/30/94.) Moved by Settle/Roaiman to give final passage to Ordinance No. 1271; motion carried (3-2, Council Members Rappa and Romero voting no). APPOINTMENTS A-1 APPOINTMENT - CULTURAL HERITAGE COMMITTEE (File No. 123) Council considered an appointment to the Cultural Heritage Committee to fill an unexpired term. Moved by Romero /Raooa to appoint Peter Carr to fill the term which will end on March 31, 1997; motion carried (5-0). COUNCIL LIAISON REPORTS There were no Council Liaison Reports. PUBLIC HEARINGS ' 1. ADDITION TO HISTORIC RESOURCES MASTER LIST (File No. 454) Council held a public hearing to consider a recommendation by the Cultural Heritage Committee to add the property located at 1953 Chorro Street to the Master List of Historic Resources. Jeff Hook, Associate Planner, described the nomination. Mayor Pinard declared the public hearing open. No one spoke for or against this item. Mayor Pinard declared the public hearing closed. The Council complemented the restoration efforts of Todd and Kim Miller. Moved by Settle /Romero to adopt Resolution No. 8352 adding the property to the Master List; motion carried (5-0). 2. UNIFORM BUILDING CODE FEE SCHEDULE (File No. 109) Council held a public hearing to consider implementing the 1994 Uniform Building Code fee schedule effective December 1, 1994. Bill Stotler. Finance Director, recommended adoption. ' Mayor Pinard declared the public hearing open. City Council Meeting Page 5 Tuesday, September 20, 1994 - 7:00 PM Bill Thoma representing the Chamber of Commerce, stated the Chamber did not have enough time to review the proposal, and requested a continuance. Carol Florence, San Luis Obispo Property Owners Association, attended the public meeting, but asked for more time to review the costs. Mayor Pinard declared the public hearing closed. Council discussed cost recovery. Moved by Romero/Roalman to adopt Resolution No. 8353 implementing the 1994 Uniform Building Code fee schedule; motion carried (3-2, Council Member Rappa and Vice Mayor Settle voting no). 8:30PM Mayor Pinard declared a recess. 8:5013M Council reconvened, all Council Members present. 3. PARK -IN -LIEU FEES (File No. 109) Council held a public hearing to consider amending Park -In -Lieu fees to a two-tiered fee structure based on the 1990 census average household size for a single family dwelling and mufti - family residential dwelling: $3,180 for each single family residential unit and $2,520 for each mufti - family residential unit. Moved by RapRe /Romero to continue to a later date; motion carried (5-0). COMMUNICATIONS COMMA. Council Member Roalman asked that a resolution opposing Proposition 188 be placed on the agenda; resolution had been previously adopted by Council. COMM.2. Council Member Roalman apologized to City Clerk Diane Gladwell and requested a closed session be held on Tuesday, September 27, 1994 at 6:00 P.M. COMM.3. Vice Mayor Settle stated LAFCo had added two new members, both Special Districts. - BUSINESS ITEMS 4. HOUSING ELEMENT (File No. 462) Council considered affirming the Community Development Director's negative declaration of environmental impact and approving the September 1994 Housing Element update. Arnold Jonas, Community Development Director, and Jeff Hook. Associate Planner, reviewed the update to the Housing Element. Council discussed areas considered out of compliance with State requirements, timeframes for adoption. Miguel Donoso. California Rural Legal Foundation, Los Osos, urged the Council to form a committee to study the report. City Council Meeting Page 6 Tuesday, September 20, 1994 - 7:00 PM Moved by Settle / Roalman to adopt Resolution No. 8354 approving the Housing Element update and directing staff to make the Housing Element update available to the public and send a copy to the State Department of Housing and Community Development; motion carried (3.2, Council Members Rappa and Romero voting no). Council Member Romero stated he could not support a document that did not comply with State requirements. 5. POWER BLOWER STATUS REPORT (File No. 703) Council considered a status report on the power blower educational program and possible ban of power blowers. Arnold Jonas. Community Development Director, reviewed the program status. Larry Tolson, Parks Supervisor, stated in his 18 years of experience there were more complaints and conflicts created by power blowers now. Alan Friedman, San Luis Obispo, opposed the operation of power blowers because of noise and air pollution concerns. Terry Lee, Good Green Earth Landscaping, stated he contracts to perform the downtown cleaning with 1 power blowers, and that it would take five times as long to sweep the area. Duane Moms. California Licensed Landscape Contractors Association (CLLCA) reviewed a letter regarding backpack blowers, and asked the Council to allow the educational program to work. Wesley Kouwano. Thousand Oaks, President of the Southern California Gardeners Association, said blowers save time and labor. Council discussed noise controls, air pollution and complaints. Moved by Roalman/Raooa to extend the hours in commercial areas to 7:00am - 6:00 pm; motion carried (5-0). Moved by Romero /Pinard to adopt alternative 2 (Draft an ordinance to ban the sale and use of blowers that create noise greater than 70 dba at fifty feet at full throttle with a certification program); motion carried (3-2, Council Members Roalman and Rappa voting no). Moved by Raooa /Settle to continue working with CLLCA on Educational programs that could be instituted for our community; motion carried (5-0). 6. REQUESTED PURCHASE OF GOLF COURSE LAND (File No. 168) Council considered a request from the Congregational Church /Ad Care organization to purchase City - owned property at the Laguna Lake Golf Course in order to establish an adult day care facility. Ken Hamoian, Assistant City Administrative Officer, reviewed the proposal. City Council Meeting Page 7 Tuesday, September 20, 1994 - 7:00 PM Reverend Ken Lockwood, San Luis Obispo, said that this would be an opportunity to develop a center for Senior Services. Joan Scholz. AdCare, spoke in favor of the proposal. David Troxel. Executive Director of AdCare, thanked the Church and other agencies involved. Kathy Smith. 1070 Trevor Way, described the services of AdCare as geographically scattered, forcing them to use duplicate resources, which could be eliminated if the proposal was adopted. John Marshall, 3211 Broad, spoke about relocating the building and traffic impacts. Dodie Williams, 438 Woodbridge, spoke in favor of the proposal. Council discussed the sale at fair market value and issues with Church parking. Moved by Settle / Pinard to approve selling the property at fair market value as stated in attachment 2; for staff to bring back an agreement with provisions to 1) Address safety and visibility issues by the appropriate placement of the building; 2) Access to the golf course by installing a gate at the rear, 3) that assures long -term public benefit, and 4) to relocate the water line, if necessary; motion carried (5-0)• 7. FIRE STATION ARCHITECTURAL SERVICES RENEGOTIATED AGREEMENT (File No. 92 -04) Council considered a renegotiated agreement for Headquarters Fire Station Architectural Services with RRM Design to complete architectural design. Bob Neumann, Fare Chief, recommended Council move forward with RRM, stating there was a time - critical grant predicated upon the project being awarded to a contractor by May 15, 1995. Fred Sweanv, Santa Barbara, stated they had tied for second during the last bid, and asked to join with APS to quality for the project. Moved by Raopa /Settle to approve and authorize the Mayor to sign Agreement No. A- 17 -94-CC with RRM Design Group; motion carried (5-0). 8. COUNTY AIR POLLUTION CONTROL BOARD MEMBERSHIP Council considered proposed membership composition for the County Air Pollution Control District Board (APCD), and City Council representation on the APCD Board. Moved by Raooa /Romero to adopt Resolution No. 8355 supporting the APCD Board membership composition as recommended by the City Selection Committee; motion carried (5-0). Moved by Pinard /Roalman to appoint Vice Mayor Settle to serve on the APCD Board; motion carried (5-0). 1 City Council Meeting Tuesday, September 20, 1994 - 7:00 PM Page 8 11:34 P.M. then: being no further business to come before the City Council, Mayor Pinard adjourned the meeting Tuesday, September 27, 1994 at 6:00 P.M. APPROVED BY COUNCIL: DRG:cm ROLL CALL: Q 38�rne R. lades I, City Clerk MINUTES CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 27, 1994 - 6:00 P.M. CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Council Members: Present: 1 Absent: 1 Council Members Penny Rappa, Dave Romero, Bill Roalman and Vice -Mayor Allen K. Settle Mayor Peg Pinard A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Clerk Council held a closed session pursuant to Government Code Section 54957. After discussion, this item was continued to Friday, September 30, 1994 at 8:30 A.M. 7:00 P.M. Vice -Mayor adjourned the meeting to open session in the Council Chambers.