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HomeMy WebLinkAbout12/03/1991, C-1 - MINUTES MEEnNG AGENDA ®RAFT -AT' 1`2-"' M` MINUTES CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY,OCTOBER 1, 1991 -630 P.M. COUNCIL CHAMBERS - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present- Vice Mayor Bill Roalman,Councilmembers Penny Rappa,Jerry Reiss and Mayor Ron Dunin Absent: Councilwoman Peg Pinard City Staff Present: John Dunn,City Administrative Officer,Ken Hampian,Assistant City Administrative Officer, Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Dave Romero, Public Works Director 630 P.M.Mayor Dunin adjourned the Council to closed session pursuant to Section 54956.9 of the Government Code relative to significant exposure to litigation as a result of Madonna Construction Company relative to the Marsh Street parking structure contract 6S5 P.M. There being no further business to come before the City Council, Mayor Dunin adjourned the meeting. Approved: Pam Voges, City Clerk MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 1, 1991 -7:00 P.M. COUNCIL CHAMBERS - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Vice Mayor Bill Roalman,Councilmembers Peg Pinard,Penny Rappa,Jerry Reiss and Mayor Ron Dunin Absent: None City Staff Present: John Dunn,City Administrative Officer;Ken Hampian,Assistant City Administrative Officer; Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas, Community Development Director;Bill Statler,Finance Director,Bob Neumann,Fire Chief;Jim Gardiner,Police Chief;Dave Romero,Public Works Director; Bill Hetiand, Utilities Director, Deb Hossli,Administrative Analyst City Council Meeting Page 2 Tuesday, October 1, 1991 PUBLIC COMMENT P.C.I. Naoma Wright, 400 Foothill Boulevard, requested the City make a greater effort to require Cal Poly students to adhere to City regulations. P.C.2. Bryan Kennedy,667 Monterey,urged better enforcement of noise regulations relative to McClintock's Saloon on Higuera Street. P.C3. Gary Felsman. 2234 Santa Ynez, 1) felt that it was not appropriate that the Planning Commission continued to discuss the Frontier/Donnington Motel application after it had been pulled from the agenda,and 2) did not support the$75,000 City/Cal Poly study. P.C.4. Keith Gurnee. 108 Broad Street,requested that Council review and revise the Tri-Polar policies in its current discussion of the General Plan. ----------------------------------------- PRESENTATIONS A. Presentation by Mayor Dunin and Councilwoman Raopa to Kevin Niles, Building Maintenance Technician, as part of the Employee Suggestion Award Program to acknowledge him for his suggestion to add new time- clocks and rewire lighting fixtures and controls in two City parking structures for energy savings; cost savings in excess of$6,700. B. Presentation by Police Chief Jim Gardiner to the City Council and the City Administrative Officer thanking them for their support of the D.A.R.E. program. CONSENT AGENDA Moved by Rappa/Roalman (5-0),to approve the Consent Agenda as recommended by the City Administrative Officer with the exceptions of C-5, C-6, C-8, C-9, and C-10 as indicated. C-1 COUNCIL MINUTES Moved by Rauua/Roalman (5-0),the following minutes were approved as amended: Tuesday,July 16, 1991 at 7:00 P.M.; Monday,July 29, 1991 at 830 A.M.; Monday,August 5, 1991 at 830 A.M.;and Tuesday,August 6, 1991 at 7:00 P.M. C-2 CONTRACT PAY ESTIMATES Moved by Rappa/Roalman (5-0),contract pay estimates and change orders were approved and ordered paid as recommended. C-3 ENERGY AWARENESS MONTH (File No. 495) Moved by Rapi)a/Roalman (5-0),Resolution No.7033 was adopted designating City participation in National Energy Awareness Month as recommended. City Council Meeting Page 3 Tuesday,October 1,L991 C4 HIGHWAY ELECTRICAL FACILITIES (File No. 1141) Moved by Rappa/Roalman(5-0),Amendment#3 to the agreement with the State Department of Transportation for sharing costs of highway electrial facilities was approved and authorized the Mayor to execute the amendment as recommended. C-5 WATER TREATMENT PLANT CONTRACT AMENDMENT (File No.517) Council considered an amendment to the contract with Black and Veatch Engineers for the design of the Water Treatment Plant Upgrade and Expansion for an amount not to exceed$35,000 (continued from 8/29/91). Mayor Dunin expressed the concern that he would like to see staff more diligent in executing contracts and having them carried out in a timely fashion. He felt the$35,000 was a result of poor follow through. After brief discussion, moved by Rapna/Roalman (3-2, Councilman Reiss and Mayor Dunin voting no), Amendment No.l (A-112-90-CC)was approved for the contract with Black and Veatch Engineers in the amount not to exceed$35,000 as recommended. C-6 STREET ABANDONMENT (File No.535) Council considered a request to abandon portions of Mutsuhito and Frederick Avenues between Victoria Avenue and the former Pacific Coast Railroad right-of-way (continued from 9/17/91). Atter discussion,moved by Rappa/Roalman (5-0),Resolution of Intention No.7034 was adopted to set a public hearing for Tuesday, October 29, 1991 to consider abandonment of the requested street portions as recommended. C-7 WASTEWATER TREATMENT PLANT IMPROVEMENTS (PHASE 111) (File No. P-38S) Moved by Rauna/Roalman (5-0), Contract No. A-117-91-CC was approved with U.W. Peterson Construction in the amount of$54,811.02 for Wastewater Treatment Plant Improvement(Phase III); Digester#3 Repair and Mayor authorized to execute as recommended. C-8 SEISMIC SAFETY CORRECTIONS (File No. 707) Council considered engineering services on the Seismic Safety Corrections project for City-owned buildings. Councilwoman Pinard expressed concern that this project is premature. She did not know what the seismic standards were yet. Priorities were not significant enough at this time to go forward. After additional discussion, moved by Ranna/Roalman (3-2 Councilwoman Pinard and Mayor Dunin voting no),to: 1) award Aereement No.A-132-91-CC for engineering services to Howard P. Stup &Associates in the amount of$46,116-00-,2)authorize the Mayor to execute the agreement;and 3)authorize the City Administrative Officer to execute a future amendment to the agreement establishing a fee (zero) for construction of administration services as recommended. C-9 GENERAL PLAN UPDATE CONSULTANT (File No.461) Council considered approval and authorization for the Mayor to execute an agreement with Fugro-McClelland to prepare an EIR for the Land Use Element and Circulation Element updates, for a total cost not to exceed $85,000. After discussion, moved by Rapoa/Roalman (4-1 Mayor Dunin voting no), to approve the recommendation as submitted. �-3 City Council Meeting Page 4 Tuesday, October 1, 1991 C-10 GRADING EXCEPTION (File No.402) Council considered an exception to the grading ordinance for a house and driveway to be built on the northeast side of Santa Ynez Avenue,southeast of San Miguel Avenue in the Monterey Heights neighborhood. Councilwoman Pinard cautioned about granting early grading exceptions because of the past history of problems that the city has had by doing so. After discussion,moved by_Roalman/Rapp (4-1 Councilwoman Pinard voting no), Resolution No. 7035 was adopted to authorize an exception to the grading ordinance as recommended. APPOINTMENTS Al. CULTURAL HERITAGE COMMITTEE (File No. 123) Councilwoman Pinard on behalf of the Council's subcommittee(Pinard/Roalman) recommended Denise Fourie to fill the vacancy on the Cultural Heritage Committee. Moved by Pinard/Roalman (5-0), to appoint Denise Fourie to the Cultural Heritage Committee to fill an unexpired term ending 3/31/94 as recommended. PUBLIC HEARINGS 1. PLANNED DEVELOPMENT REZONING- PD 1530 (File No. 462) Council held a public hearing to consider amending the existing development plan allowing for large office use providing for government offices for CalTrans as recommended by the Planning Commission for property at 285 South Street; French Bros.,applicants (continued from 9/17/91). Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that council introduce an ordinance to print which will amend the planned development ordinance to allow certain large government offices as recommended by the Planning Commission. Mayor Dunin declared the public hearing open. John French.4363 Sunflower,spoke in support of the application to allow government use. He stated that the use by CalTrans would be extremely low impact; that it was close to their existing facilities and would be an enhancement and not deter from the tri-polar concept. Keith Gurnee. representing Don Walters who has government office zone space on South Higuera Street, reviewed for the council the history of the tri-polar concept over the last eight years. He felt that it was important to maintain those policies,although stated that many years ago when the policies were developed it did not account for the expansion that would occur by governmental agencies. In order to be fair to his client, he felt that the council should provide some kind of equity possibly expand it to provide limited utilities' services as well. Bruce Fraser.890 Peach St.,supported the comments by Mr.Gurnee and urged that the council relook at the tri-polar policies. lam? City Council Meeting Page 5 Tuesday,October 1, 1991 Tom Polak District 5 Director of CalTrans, urged support of CalTrans' request to move into the Westwinds Project and explained the process and the decision to move there. Jan Reeser,also with CalTrans, spoke in support of the location on South Street. Rick Rodewald.attorney for Waiter Bros.,felt that if the council relaxed its standards for Westwinds Property, then it should also provide similar equity on South Street. Mayor Dunin declared the public hearing closed. After discussion, moved by Roalman/Reiss (3-2 Councilmembers Pinard and Rappa voting no), to introduce Ordinance No. 1201 to print,to approve an amendment to the Plan Development 1435-B allowing government offices at 265-285 South Street as recommended by the Planning Commission. Moved by Dunin/Roalman (5-0),to direct staff to require that CalTrans prepare a trip reduction program as part of the use permit process. Moved by Ranna/Roalman (5-0),to reevaluate the tri-polar policy,review expanded governmental needs,look at a larger area and send the reaffirmation to the Planning Commission. Arnold Jonas.Community Development Director,stated that this is included as part of the general plan land use discussion and would be coming back to the Council. 8:55 P.M. Mayor Dunin declared a recess. 9.05 P.M. City Council reconvened; all Councilmembers present. 2. TENTATIVE MAP-TRACT 2073 (File No.410) Council held a public hearing to consider a tentative tract map creating a nine-unit residential air-space condominium conversion on the property located at 3150 Rockview Place; Leon Maksoudian, subdivider (continued from 9/17/91). Arnold Jonas.Community Development Director,briefly reviewed agenda report with the recommendation that the council adopt a resolution approving the tentative tract map No.2073 subject to findings and conditions recommended by the Planning Commission in consistent with Council Resolution No. 6965. Mayor Dunin declared the public hearing open. John Wallace.representing the applicants,spoke in support and urged council to amend condition No.8 to read "Subdivider shall refurbish and repair fire safety equipment prior to final map approval,to the approval of the Fire Marshall. Subdivider shall install sprinklers in building 3. Subdivider shall either install fire sprinklers in building 2, or improve the existing driveway to building 2 to meet city fire access standards." Mayor Dunin declared the public hearing closed. Moved by Rappa/Reiss(5-0),Resolution No.7036 was adopted to approve the tentative map for Tract 2073 with an amendment to condition 8 as requested by the subdivider. 3. BUSINESS TAX ORDINANCE (File No.293) Council held a public hearing to consider implementing a revised business tax ordinance to improve the equity, administration,and revenue generation abilities of the City's business tax program. City Council Meeting Page 6 Tuesday, October 1.1991 Bill Statler. Finance Director, reviewed the agenda report with the recommendation that Council A) adopt a revised business tax ordinance to improve the equity,administration, and revenue generation abilities of the City's business tax program to be effective November 25, 1991;and 2) adopt a resolution establishing fees (0) for the issuance of duplicate,branch establishment,and change of location business tax certificates to become effective November 25,1991.He stated that communications had been received from the BIA and the Chamber requesting that the date of the business tax be moved from the April 15th date to July. Staff had no problem with this amendment Mayor Dunin declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Dunin declared the public hearing closed. Moved by Rauna/Roalman (5-0), Ordinance No. 1202 was introduced to print revising the business tax ordinance to become effective November 25, 1991. Moved by Ranpa/Roalman (5-0), Resolution No. 7037 adopted establishing fees (zero) for the issuance of duplicate,branch establishment,and change of location busines tax certificates to become effective November 25, 1991. 4. APPEAL- SLO BEAUTY COLLEGE (File No.407) Council held a public hearing to consider an appeal by Morris Goatley (San Luis Beauty College) of a Community Development Department staff determiniation denying water allocation transfer from 712 Marsh Street to 12330 Los Osos Valley Road (continued from 9/17/91). At the request of the appelent to withdraw this item, it was moved by Ranpa/Pinard (5-0) to withdraw the appeal as requested. BUSINESS ITEMS 5. ECOSLO FUNDING (File No. 1011) Council considered a request of ECOSLO for a City contribution to fund new and expanded services at the Environmental Center. Deb Hossli. Administrative Analyst, reviewed the agenda report with the recommendation that council 1) approve in concept a contribution of$40,600 to ECOSLO over a two-year period($20,000 in 1991-92 and$20,600 in 1992-93)to fund new and expanded services at the Environmental Center,and 2) authorize the CAO to enter into a two-year agreement for$40,600 with ECOSLO for Environmental Services as described in the staff report. Mayor Dunin asked for public comment Birt Runner. representing ECOSLO, spoke in support of the staffs recommendation although urged the council to support it at a higher level. Mayor Dunin was concerned that there was not sufficient accountability and that there was too much of a special interest emphasis by ECOSLO. He needed clarification of exactly what the money was for. After discussion,moved by Roalman/Rapna (3-2, Councilman Reiss and Mayor Dunin voting no),to approve the staff recommendation to support the requested$40,600,was approved and the CAO authorized to enter into an agreement with ECOSLO as recommended. City Council Meeting Page 7 Tuesday, October 1, 1991 6. PARKING EXCEPTION-TRACT 1362 (File No.410) Council considered a request by the Sueldo Commerce Park Property Owners Association to amend City imposed requirements of the CC & Its concerning parking for a 20-unit service-commercial/industrial air- space condominium located at 3563 Sueldo Street. Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that the council adopt a resolution to deny their request to changes in the CC & Rs regarding parking. Mayor Dunin asked for public comment. Michael Draze. 1674 La V'meda,spoke in support in amending the CC & Rs particularly relative to allow the parking exception. Jim Batchelor.also spoke in support of the exception. Tom Friedman.President of the Homeowner's Association,spoke in support of their request for an amendment to the CC & Rs_ Dennis Eihernn.537 Cerro Romauldo Avenue,urged the Council allow the property owners to have control of their parking IoL Gary Dove,also spoke in support of the proposal which he felt would help the situation. Roy Hanff, urged the council that when they approve development projects of any sort they provide sufficient parking and felt this was another example of where development was allowed to proceed without providing sufficient parking spaces. Diane Graves.1674 La Vineda,did not believe the property owners had initially been given sufficient notification to speak to this item. She urged support of the resolution to resolve this issue as proposed. After discussion,moved by Rapua/Pinard(5-0),Resolution No.7038 was adopted approving the changes to the CC & Rs with Council review in one year. 7. WASTEWATER MANAGEMENT PLAN IMPLEMENTATION - UNIT 4 IMPROVEMENTS (File No. R- 29S) Council considered award of contract for Wastewater Management Plan Implementation, Unit 4 Wastewater Treatment Plan Improvements Project, City Plan No. R-29S. Bill Hetland. Utilities Director, briefly reviewed the agenda report with the recommendation that Council approve the award and authorize the Mayor to execute the contract with Alder Construction in the amount of $10,486,781 for the construction of Unit 4 Wastewater Treatment Plant. The award to be made contingent upon receipt of Approval to Award from the State Water Resources Control Board Division of Loans and Grants. This came in substantially lower than was estimated. Moved by Rappa/Roalman (5-0), to approve and authorize the Mayor to sign Contract A-135-91-CC in the amount of$10,486,781 as recommended. City Council Meeting Page S Tuesday, October 1, 1991 COMMUNICATIONS COMM Upon general consensus, discussion of revising the Supervisorial districts to be added to the Monday, October 7, 1991 agenda. COMM2 Councilwoman Pinard authorized to write to various entities/organizations to obtain additional information regarding transit operations and facilities as requested. COMMS Upon general consensus,council directed staff to write a letter of support to Southern California Gas Company asking to be included in the testing of their natural gas vehicle. COMMA Upon general consensus,City Administrative Officer directed to meet with the County Administrative Officer to discuss requests for additional funding for the City/County Museum. COMMS Upon general consensus,Council supported sending flowers to the family of Councilwoman Doris Olsen of Arroyo Grande expressing their sympathy of her death. COMMA Upon general consensus, Mayor Dunin requested that Council receive a report from Police Chief Gardiner updating them on the student incident that took place on Friday,September 27,1991 at the Council's next meeting. There being no further business to come before the City Council,Mayor Dunin adjourned the meeting at 11:40 P.M. to Monday October 7, 1991 at 12:00 P.M. Noon. Approved Pam Voges, City Clerk FV-cm ��d DRAFT MINUTES ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO MONDAY, OCTOBER 21,1991 -830 A.M.--+4rs-F*C CITY/COUNTY LIBRARY- COMMUNITY ROOM SAN LUIS OBISPO, CALIFORNIA !::; ;�;:;.�;•�4 ROLL CALL _l '.:•;.. . . I of Councilmembers Present Vice Mayor Bill Roalman, Councilmembers Peg Pinard, Penny Rappa,Jerry and Mayor Dunin (arrived at 1:00 P.M.) Absent None City Staff Present John Dunn, City Administrative Offlcer, Pam Voges, City Clerk; Arnold Jonas,Community Development Director, Bill Statler, Finance Director, Glen Matteson,Associate Planner, Suzanne Lampert,Financial Consultant 830 A.M.Vice Mayor Bill Roalman presiding. —���- ------- PUBLIC COMMENT PERIOD P.C1. Elizabeth Hawkins Peterson,1428 Nipomo,urged the Council to deny the use permit at 639 Pismo Street due to noise disturbances and other negative behavior by the occupants. After brief discussion,staff directed to review use permit and conditions. P.C2. John French expressed concern that the City is using City funds in promoting South County garden nurseries as part of its water conservation program. Upon general consensus, staff directed to review and report back on this matter. STUDY SESSION I. GENERAL PLAN UPDATE (File No.463) Council held an all day session to consider the General Plan Update, specifically; 1) Response to non- residential growth rate questions;2)County growth management and settlement pattern;3)Affordable housing; 4) Air Quality/Clean Air Plan;5) Sustainable Community;and 6) Neighborhoods. (Continued from 7/31/90, 8/28/90,9/25/90, 1/28/91,5/6/91,7/29/91,8/5/91, and 9/16/91.) 1). NON-RESIDENTIAL GROWTH RATE After lengthy discussion and upon general consensus,council: Directed staff to examine other cities similar to San Luis Obispo for comparision of net costs/budgets on development of city budget City Council Meeting Page 2 Monday, October 21,1991 — Explore the facilitation of transit facilities for Cuesta College — Delete non-discount stores — Directed staff to amend language on page 1-7 relative to the Men's Colony,Cuesta and Cal Poly to make more positive statements; and supported participation in a campus effort — Council questioned whether it is realistic to consider only houses in the city limits in calculating of the ratio as it pertained to the jobs/housing issue — Council questioned if the 1%is a realistic percentage given a market-driven economy — Council questioned whether the shopping center near Madonna would be negatively impacted — Room limitations: suggested adding rooms Mayor Dunin asked for public comment. Andrew Merriam,representing the owners of the Dalidio property,stated that the proposed Dalidio proposal for the expansion of a shopping center,would, in essense, be denied if the growth management portion of the L.U.E. is implemented as currently configured. He felt the fiscal stablity of the City is dependent on the Council allowing a revised policy. Alan Cooner submitted a letter for the record and recommended the Council a)consider a regional commercial center as a priority; and b) that more incentives for residential housing be provided for the downtown. Carla Saunderswith the Citizens Planning Alliance,again reminded the Council of the City's limited resources and its inability to expand until those unmet resources have been met. John French felt the City had a obligation to the community as the County seat and urged support of government working with other public institutions rather than discourage business from locating in the City. Don Smith urged the City to discourage expansion of public institutions in and near the "City's borders and encouraged Cuesta, Cal Poly and the County to stay within its resources. 1030 A.M_Vice Mayor Roalman declared a recess. 10:45 A.M. City Council reconvened;all Councilmembers present, Mayor Dunin absent. Upon general consensus, Council agreed that a policy statement should reflect that the City encourages expansion of the downtown and Dalidio as two key areas for an expanded shopping area. Upon general consensus(3-1-1),Council amended the language to read that major department stores be located in the downtown area and Madonna Plaza. City Council Meeting Page 3 Monday,October 21, 1991 2) COUNTY GROWTH MANAGEMENT Councilwoman Rauoa requested that this section reflect what is really happening in the County and the City's desire to work with the County. Upon general consensus, Council identified the following questions or concerns: Can we accept deteriorating levels of service standards? Make "level" language consistent with the County? Get more involved with the County growth management? 12:05 PJYL Vice Mayor Roalman declared a recess. 1:10 P.M.City Council reconvened,all Councilmembers present (Councilwoman Pinard arriving at 1:15 P.M.) After discussion,the following areas were identified for response: Requested an estimate of the cost impacts on housing Analysis showing potential utilization of development credit Requested an integrated cities/County approach Mayor Dunin asked for public comment. Bob Roundtree.808 Murray,was concerned about the city's unbridled growth. Rob Strone. 1 Buena Vista, felt that the regional responsibilities should be created through consistent "City policies by way of the General Land Use Element being consistent with the County's. Charles Senn,representing the Property Owner's Association,offered their help in putting a program together. Carla Saunders,representing Citizens Planning Alliance,also stated their group was available for help. 3) NEIGHBORHOODS Upon general discussion,the following issues were discussed: — Uneven owner/renter cost distribution — Traffic flow through neighborhoods — Noise: from traffic and from other incompatible land uses — Zoning intensification Carla Saunders, Dottie Conner,Janet Kourakis,and Bob Roundtree spoke briefly. 3:25 P.M.Mayor Dunin declared a recess. City Council Meeting Page 4 Monday, October 21, 1991 3:40 P.M. City Council reconvened; all Councilmembers present. — Develop a policy for neighborhood protection strategy — Have a designated staff person assigned to monitor neighborhood preservation — Study existing growth to modify neighborhood quality concerns — Adopt a budget policy — Student impact housing;look at ways of better integrating renters/owners — Define "active support",get an update on growth enforcement Upon general consensus, the CAO was directed to review and provide a status report of the number of complaints and ways the City can address them. 430 P.M. Mayor Dunin adjourned the meeting to 630 P.M. 630 P.M. City Council reconvened;all Councilmembers present (Councilwoman Pinard arrived at 7:05 P.M.) 4) AFFORDABLE HOUSING Council discussed the following: — Provide options and flexibility of how to meet housing needs — Don't want to discourage annexation (due to high fees) — How can the City insure we are meeting our current needs — Look into how affordablility can be achieved over time 5) AIR QUALITY Council held general discussion and agreed Enhance the City as a model air quality community through promoting propane vehicles, provide education/conservation programs, develop a transit plan serving the airport,and make programs city wide. 6) SUSTAINABLE COMMUNITY William Alexander, a retired Cal Poly professor, congratulated the City for looking at how to become a sustainable community in the future. Council held general discussion and suggested the following ways to make San Luis Obispo sustainable: Identify this issue as part of the general Plan City Council Meeting Page 5 Monday, October 21, 1991 Support business in the County by providing incentives to bring them here and keep them Develop additional programs (education, credits, competition enforcement, put in goals) 7) TRI-POLAR General discussion was held. Council supported expanding use of the third leg in the South Higuera area. No decision was reached on whether or not to expand use in the Tri-Polar area. 9•.20 P.M.there being no further business to come before the City Council,Mayor Dunin adjourned the meeting to Tuesday, October 29, 1991 at 7:00 P.M. Approved: Pam Voges, City Clerk PV:cm DRAFT MINUTES ADJOURNED REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 29, 1991 -7:00 P.M. COUNCIL CHAMBERS, CITY HALL-990 PALM STREET SAN LUIS OBISPO,CALIFORNIA ROLL CALL -; `30- Councilmembers of 12L- 91 Present Vice Mayor Bill Roalman, Councilmembers Pinard, Rappa, Reiss and Mayor Dunin Absent: None City Stats Present John Dunn, City Administrative OMcer, Ken Hampian,Assistant Administrative OQ-icer•,Jeff Jorgensen, City Attorney; Pam Voges,City Clerk; Arnold Jonas, Community Development Director, Bill Statler, Finance Director, Bob Neumann, Fire Chief; Dave Romero, Public Works Director, Deb Hossli, Administrative Analyst;Jan DiLeo, Planner, Erwin Willis, Battalion Chief PUBLIC COMMENT P.C.1. Brett Cross. 1217 Mariner's Cover,expressed concern about Consent Item #4, the agreement with the County of San Luis Obispo Flood Control District Zone#9 relative to Prefumo Creek Gabion Project. P.C2. Randy Davis. 1534 Osos Street,expressed thanks to Council for their funding support of ECO-SLO. P.C3. Gary Felsman.2234 Santa Ynez Avenue,provided material for Council relative to how the City of San Diego controls student housing,particularly fraternities and sororities. P.C.4. Brad Goans. P.O.box 13035,provided materials and a status report on the "Devastation of Iraq". CONSENT AGENDA Moved by Randa/Roalman(5-0),the Consent Agenda was approved as recommended by the City Administrative Otlicer with the exceptions of C-2, G4, C-8, C-11, C-16, and C-17 as noted. C-1 COUNCIL MINUTES Moved by Rama/Roalman (5-0), the following minutes were approved as amended. Tuesday,August 20, 1991 at 4:00 p.m., Tuesday,August 27, 1991 at 7:00 pm, Tuesday,September 3, 1991 at 4:00 p.m., Monday,September 16, 1991 at 830 am, and Monday, September 30, 1991 at 12:00 p.m. City Council Meeting Page 2 Tuesday, October 29, 1991 C-2 TRAFFIC WORK ORDERS Council considered approval of the Traffic Work Orders for the period July 1,1991 through September 30,1991. Councilwoman Pinard was concerned that Council does not have an opportunity to review work orders prior to commencement of the work. She did not support the loss of parking in additional red zones. Mayor Dunin concurred. He would prefer to approve the work orders prior to the start of work. Moved by Ranm/Roalman. Resolution No.7039 was adopted (3-2, Councilwoman Pinard and Mayor Dunin voting no) approving the Traffic Work Orders for the period of July 1, 1991 through September 30, 1991 as recommended. C-3 HIGHWAY MAINTENANCE (File No. 1154) Council considered an amendment to the agreement regarding maintenance of State highways within the City of San Luis Obispo which addressed the maintenance of certain connector streets near the junction of Highways 1 and 101. Moved by Randa/Roalman (5-0),approved amendment to highway maintenance agreement as recommended. C4 FLOOD CONTROL AGREEMENT (File No.591) Council considered an agreement between the City of San Luis Obispo and County of San Luis Obispo Flood Control District Zone 9 for 1991-92. After brief discussion, moved by RoalmaniRappa. Resolution No. 7040 (5-0) was approved authorizing the Mayor to execute an Agreement(A-14491-CC)with San Luis Obispo County Flood District Zone 9 for the City to perform reimbursable creek maintenance as recommended in the staff report. C-5 RIGHT-OF-WAY CERTIFICATIONS (File No. 1142) Council considered giving the Director of Public Works authority to execute right-of-way certifications for Federal-Aid projects. Moved by Rapp/Roalman(5-0),to approve giving the Director of Public Works the authority to execute right- of-way certifications for Federal-Air projects as recommended. C-6 RFP FOR PARKS IRRIGATION TELEMETRY (File No. R-16Y) Council considered a request for proposals for "Parks Irrigation Telemetry and Control, Design and Construction",City Plan No. R-16Y,estimated for an amount not to exceed $40,000. Moved by Rauea/Roalman (5-0), approved RFP for Parks Irrigation Telemetry, authorized staff to solicit proposals,and authorized Mayor to execute the agreement as recommended. C-7 AGREEMENT- MISSION PLAZA EXTENSION (File No. 875) Council considered an agreement between the City and Ted Frankel, property owner of 680 Higuera Street, for shared costs of Mission Plaza Extension improvements. City Council Meeting Page 3 Tuesday, October 29, 1991 Moved by Ranna/Roalman (5-0),Ag=ment No.A-145-91-CC was approved with Ted Frankel for shared costs of Mission Plaza Extension and the Mayor was authorized to execute the agreement as recommended. C-8 DOWNTOWN CHRISTMAS METER BAGGING (File No.471) Council considered contributing$3,000 in 1991 and$1,500 in 1992 towards the Business Improvement Area's Christmas season parking meter bagging program. Councilwoman Pinard felt that the City was already heavily supporting the downtown merchants in other ways and could not,therefore,support this request Lynn Block. BIA Administrator,reviewed the need for the meter program and explained contributions being made by the BIA to this program as well. Moved by Rapno/Reissthe contributions were approved as recommended (4-1 Councilwoman Pinard voting no). C-9 GRANTS-IN-AID RESERVE FUNDING (File No. 1045) Council considered revised guidelines for the use of Grants-In-Aid reserve funds for the Human Relations Commission and Promotional Coordinating Committee. Moved by Rauna/Roalman (5-0), Resolution No.7042 was adopted approving the Grants-in-Aid Reserve Use Guidelines for the Human Relations Commission and Promotional Coordinating Committee as recommended. C-10 WHALE ROCK COMMISSION AGENDA (File No.921) Moved by Rauna/Roalman (5-0),the agenda for the Whale Rock Commission meeting of Wednesday,October 30, 1991 was received and flied as recommended. C-11 PLANNED DEVELOPMENT REZONING- PD 1530 (File No.462) Council considered giving final passage to an ordinance approving an amendment to planned development PD 1435-B to allow government offices at Westwind Business Park located at 265-285 South Street (PD 1530); French Bros.,applicants (continued from 9/17/91 and 10/1/91). Moved by Roalman/Reiss (3-2, Councilmembers Pinard and Rappa voting no), Ordinance No. 1201 was approved for final passage approving an amendment to PD 1435-B allowing government offices at 265-285 South Street (PD-1530) as recommended. C-12 BUSINESS TAR ORDINANCE (File No.293) Council considered giving final passage to an ordinance adopting a revised business tax ordinance (continued from 10/1/91). Moved by Rappa/Roalman (5-0), Ordinance No. 1202 was approved for final passage adopting a revised business tax ordinance as recommended. City Council Meeting Page 4 Tuesday,October 29, 1991 C-13 NATURAL GAS-FUELED CITY VEHICLES (File No.790) Moved by Rama/Roalman (5-0), authorized Mayor to sign a Letter of Interest to Southern California Gas Company expressing the City's desire to acquire replacement CNG fueled vehicles for the City fleet as recommended. C-14 BIA BOARD OF DIRECTORS (Fide No.123) Moved by Ranoa/Roaiman (5-0),Tad Hillier was confirmed to the BIA Board of Directors to fill an unexpired term ending 3/31/93 as recommended. C-15 JOINT RECREATIONAL USE ADVISORY COMMITTEE (File No. 123) Moved by Rapna/Roalman(5-0),Larry Voss was appointed to fill an unexpired term on the Joint Recreational Use of School District Property Advisory Committee ending 3/31/93 as recommended. C-16 EMERSON SCHOOL AGREEMENT(File No. 168) Council considered an amendment to the purchase agreement for the Emerson School site and approval to negotiate for Architectural Services for new Headquarters Fire Station at that site. Councilman Reiss expressed concern about the selection process for award to the Architectural Services Agreement He preferred,when possible,that local architects be awarded local contracts. He felt that several of the firms identified on the list that were local were more than qualified to perform the work. Mayor Dunin agreed. After discussion,moved by Roalman/Raopa to approve and authorize the Mayor to execute an amendment to the purchase agreement for the Emerson School property with the San Luis Obispo Unified School District. Motion failed (2-3,Councilmembers Pinard, Reiss and Mayor Dunin voting no). Moved by Reiss/Raima that this item be continued for additional report relative to the award of contract Motion carried unanimously(5-0). C-17 ORGANIZATION REVIEW(File No. 101) Council considered an Organization Review of Community Development, Public Works and Recreation Departments. Councilwoman Pinard suggested the following amendment to page C-17-0: 'With transit designated as A+ Council priority, with the APCD Mandates on clean air and transit, with the impending consideration of expansion contained in the short range transit plan,and with the recent urbanization designation of our transit system, the consultant needs to more clearly spell out the Council's intent with respect to transit within City government" After brief discussion,moved by Ranna/Roalman(5-0),the Council approved the RFP and authorized the CAP to award the contract to the lowest responsible bidder not exceeding $35,000 with Councilwoman Pinard's amendment C��r City Council Meeting Page 5 Tuesday, October 29, 1991 COUNCIL LIAISON REPORTS L.Rl. Councilwoman Rap na reported on recent approval of a regional transit agreement. LIU. Councilwoman Ranna reported that Pierre Rademaker has been appointed acting BIA President to fill a recent vacancy left by Tom Donat. L.R3. Councilwoman Ranua directed to write a letter to the Airport Land Use Commission urging them to amend their land use to allow child day care. PUBLIC HEARINGS 1. STREET ABANDONMENT (File No.535) Council held a public hearing to consider the abandonment of a portion of Mutsuhito and Frederick Avenues in conjunction with the development of Villa Rosa (Tract 2066 -continued from 9/17/91 and 10/1/91). Dave Romero.Public Works Director,briefly reviewed the agenda report with the recommendation that Council adopt a resolution to abandon the rights-o[--way of portions of Mutsuhito and Frederick Avenue subject to recordation of Tract No.2066. Mayor Dunin declared the public hearing open. Roy HanfT.569 Lawrence Drive,spoke against abandonment of the streets. Mayor Dunin declared the public hearing dosed. After brief discussion,moved by Rama/Reiss.Resolution No.7043 was adopted(5-0) finding and determining that portions of Mutsuhito and Frederick Avenues, between Victoria and the Pacific Coast Railroad Right- of-Way is unnecessary for present or prospective public purposes and ordering the abandonment of same subject to recordation of Tract 2066. 2. TENTATIVE MAP - MS 91-115 - IRIS & GEORGE STREETS (File No. 463) Council held a public hearing to consider the Subdivion Hearing Officer's recommendation to approve a tentative map creating two lots, with exceptions to lot area, width and depth, from one lot located between George and Iris Streets between Ruth and Henry Streets; Evans and Johnston, subdividers. Arnold Jonas.Community Development Director,briefly reviewed the agenda report with the recommendation that Council adopt a resolution approving the tentative map for Minor Subdivision 91-115 including exceptions, subject to findings and conditions as recommended. Mayor Dunin declared the public hearing open. John Evans. 136 George Street and applicant,spoke in support of the request. Mayor Dunin declared the public hearing closed. Moved by Reiss/Rapp (5-0), Resolution No. 7044 was adopted approving the tentative map for Minor Subdivision 91-115 including exceptions,subject to findings and conditions as recommended. City Council Meeting Page 6 Tuesday,October 29, 1991 Upon general consensus, Fire Chief, Bob Neumann, directed to work with the Southern Pacific Railroad regarding the feasibility of providing an asphalt berm over one of two remaining railroad tracks (near Iris and Henry Streets) to provide access for emergency vehicles. 3. TENTATIVE MAP-TRACT 2077-VILLAGE PARK (File No. 410) Council held a public hearing to consider a Planning Commission recommendation to approve a vesting tentative map for Tract 2077,a 43 residential condominium unit which would replace a motel and mobile homes at 145 South Street;Village Park Associates,applicant. Arnold Jonas.Community Development Director,briefly reviewed the agenda report with the recommendation that Council adopt a resolution approving the vesting tentative tract map, with appropriate findings and conditions. Mayor Dunin declared the public hearing open. Mike Multari.641 Higuera Street,spoke in support of the project. Councilwoman Pinard expressed concern that the development be sensitive to either including ECO Block or something similar. Gary Felsman.2234 Santa Ynez,urged that some Class 2 bike lanes be provided as part of the development. Mayor Dunin declared the public hearing closed. Councilman Roalman expressed concern that the project not be approved during the drought. Atter brief discussion,moved by Rarma/Reiss (4-1 Councilman Roalman voting no), Resolution No.7045 was adopted to approve the vesting tentative tract map with appropriate findings and conditions as recommended. 4. OPEN SPACE ELEMENT SCHEDULE (File No.462) Council considered the schedule for the Open Space Element review. Jan Dileo Long Range Planner,reviewed the Open Space Element schedule and asked the Council to support it in concept. Councilwoman Pinard expressed concern that the timeline be moved up in order to provide the voters an opportunity to speak to this issue in November 1992. Mayor Dunin agreed. It was suggested that the RFP be revised to include a statement to this affect. After discussion, moved by Rama/Pinard (5-0) to support the schedule for the review of the Open Space Element as amended to provide a shorter review schedule and to allow this issue be placed on the November 1992 ballot and include Planning Commission and City Council review time frames. Upon general consensus, Council also agreed that progress reports be provided every three months. 8:20 P.M.Mayor Dunin declared a recess. 8:40 P.M. City Council reconvened;all City Councilmembers present City Council Meeting Page 7 Tuesday, October 29, 1991 S. COUNTY CLEAN AIR PLAN (File No. 462) Council considered the 1991 Clean Air Plan for the County of San Luis Obispo. Arnold .Yonas. Community Development Director, briefly reviewed the report with the recommendation that Council authorize the Mayor to send a letter to the Air Pollution Control District and the County Board of Supervisors transmitting Council comments. There was a draft letter attached in the packet for their review. Larry Allen and Bob Rair,Air Pollution District,reported on recent issues effecting the program. Councilwoman Pinard urged that the City be more aggressive with its program and encouraged striving for a lower level ratio of 1S rather than 1.7 person per vehicle. After brief discussion and upon general consensus, the Mayor was authorized to send a letter to the Air Pollution Control District and the County Board of Supervisors. COMMUNICATIONS COMM1. Council supported the transfer of approximately $200.00 of Councilman Reiss' business budget funds to help decay costs incurred by Councilwoman Pinard related to books,tapes and periodicals purchased for Council educational benefit. COMM2. Council supported writing a letter to the Los Angeles City Council uring them to take a pro-active position in adopting non-smoking legislation and provided them with samples of the City's successful example of enforcing its Smoking Ordinance. A. 10.20 P.M.Mayor Dunin adjourned the meeting to closed session to discuss personnel matter and property acquisition. B. 11:05 P.M. there being no further business to come before the City Council, Mayor Dunin adjourned the meeting the Monday,November 4, 1991 at 12:00 Noon. APPROVED- Pam Voges;City Clerk PV-.cm