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MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 15, 1992 - 7:00 P.M. 'Draft Minufes
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ROLL CALL of-2:L:293
Council Members
Present: Penny Rappa, Bill Roalman, Dave Romero, Allen K. Settle, and Mayor
Peg Pinard
Absent: None
City Staff
Present: John Dunn, City Administrative Officer; Ken Hampian, Assistant City
Administrative Officer; Jeff Jorgensen, City Attorney; Diane Gladwell,
City Clerk; Arnold Jonas, Community Development Director; Wayne
Peterson,Acting Public Works Director;Ann Slate,Personnel Director;
Jim Gardiner, Police Chief
PUBLIC COMMENT PERIOD
P.C.1. Pastor Deane Keller of Grace Church, offered an invocation.
P.C.2. George Schroff spoke concerning his arrests and requested an investigation.
CONSENT AGENDA
Moved by Settle/Romero to approve the Consent Calendar as recommended by the City
Administrative Officer; motion carried (5-0).
C-1 WATERMAIN IMPROVEMENT PROJECT (File No. T-05P)
Council considered plans and specifications for "Watermain Improvement Project: Penny Lane -
Buchon to End," City Plan No. T-0513; engineer's estimate $21,500.
Moved by Settle/Romero to approve plans and specifications,authorize soliciting of bids and contract
award by CAO as recommended; motion carried (5-0).
C-2 SEWERMAIN IMPROVEMENT PROJECT (File No. S-42R)
Council considered plans and specifications for "Sewermain Improvement Project: Prefumo Creek .
Crossing near Oceanaire Drive," City Plan No. S-42R; engineer's estimate $26,500.
Moved by Settle/Romero to approve plans and specifications,authorize soliciting of bids and contract
award by CAO as recommended; motion carried (5-0).
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City Council Meeting Page 2
Tuesday, December 15, 1992 - 7:00 P.M.
C-3 LAGUNA LAKE IMPROVEMENTS (File No. 883)
Council considered appropriating$13,970 from the Parkland Development Fund for Laguna Lake Park
improvements (a fire hydrant, restroom alterations, and access trail).
Moved by Settle/Romero to authorize the appropriation of funds for Laguna Lake Park improvements;
motion carried (5-0).
C-4 ANNUAL FINANCIAL REPORT (File 233)
Council considered the Comprehensive Annual Financial Report for Fiscal Year 1991-92.
Moved by Settle/Romero to receive and file the report; motion carried (5-0).
C-5 TIME EXTENSION - TRACT 1827 (File No. 410)
Council considered a one-year time extension for filing the final map for Vesting Tract Map No. 1827
(Fairview Station), an 18-unit residential condominium project proposed on the southwestern corner
of Florence Avenue and Bushnell Street (2175 Florence Street); P.E.T.R.A. Enterprises, subdivider.
Moved by Settle/Romero to adopt Resolution No. 8099 approving the requested extension; motion
carried (5-0).
C-6 CANVASS RESULTS - NOVEMBER 1992 ELECTION (File NO. 324)
Council considered canvass results of the General Municipal Election held Tuesday, November 3,
1992.
Moved by Settle/Romero to adopt Resolution No. 6100; motion carried (5-0).
C-7 BUS REHABILITATION (File No. 92-43)
Council considered awarding a contract for the rehabilitation of three transit buses.
Moved by Settle/Romero to approve award and contract (A-120-92-CC); motion carried (5-0).
PRESENTATION
Vic Sterling presented a check to the City of San Luis Obispo from the Southern California Gas
Company in the amount of $17,500 to defray the costs of purchasing of 10 vehicles fueled by
Compressed Natural Gas.
City Council Meeting Page 3
Tuesday, December 15, 1992 - 7:00 P.M.
COUNCIL LIAISON REPORTS
C.L.R.1. Council Member Rapp spoke concerning a request by the Fire Fighters Group to the
Council of Governments (COG)to establish a Joint Powers Authority (JPA)to obtain grant funds for
the development of a Hazardous Materials Regional Plan. She also reported that a meeting is being
held Wednesday, December 16, 1992 regarding regional rail projects.
PUBLIC HEARINGS
1. UNREINFORCED MASONRY MITIGATION PROGRAM (File No. 707)
Council held a public hearing to consider an ordinance amending the Municipal Code to clarify
Seismic Zone to be used for required structural analysis of unreinforced masonry (URM) buildings
(continued from 11/17/92.)
Tom Baasch. Chief Building Official, reveiwed the City's efforts and approach.
Council discussed issues relating to concurrent sprinkler retrofit deadlines,upgrade costs,the State's
utilization of funds and economic impacts. The change from Zone 3 to Zone 4 to match the state's
lessened requirements for Zone 4.
Mayor Pinard declared the public hearing open.
Lance Evans, representing the Chamber of Commerce, reviewed the Seismic Task Force's
recommendation to support the proposed ordinance.
Mayor Pinard declared the public hearing closed.
Moved by Settle/Roalman, Ordinance No. 1230 was introduced to print; motion carried (5-0).
2. TENTATIVE MAP - TRACT 1885 (File No. 410)
Council held a public hearing to consider a tentative map creating a 16-unit air-space office
condominium at 1411 Marsh Street between California and Pepper Streets; Jay Farbstein,
owner/subdivider.
Arnold Jonas. Community Development Director, and John Moss, Acting Utilities Director, reviewed
the tentative map and recommendation for requiring water meters for each unit.
Council asked for clarification of Planning Commission action,commercial condominium conversion
inconsistencies, and potential dispute resolution between tenants.
Gilbert Hoffman, Planning Commissioner, stated that the Planning Commission found that an
exception was not required because subdivision act requires water be stubbed to each lot; the
condominium is one lot and that Council finds a master meter acceptable; and deleting items 1-4 of
section 2.
Mayor Pinard declared the public hearing open.
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City Council Meeting Page 4
Tuesday, December 15, 1992 - 7:00 P.M.
Jay Farbstein. 1411 Marsh Street,stated his intent was to retain ownership and lease out the majority
of units. He spoke against separate units because most of his tenants use small amounts of water,
shared restrooms, and would be expensive and disrupt tenants.
Mayor Pinard declared the public hearing closed.
Council discussed the contradictions between state subdivision map act requiring recordation of a
single lot subdivision, municipal water code providing for single meters to premises, and the
consistent application of law.
Jeff Jorgensen, City Attorney, stated that the more restrictive code applied, but the water regulations
provided for the Utility Director to make exceptions.
Moved by Roalman/Pinard to adopt Resolution B denying the exception for single meters; motion
failed 2-3 (Council Members Rappa, Settle and Romero voting no).
Moved by Settle/Raooa, Resolution No. 8101 was adopted as amended to eliminate exception
requirements, to include item #7 stating retrofit conditions, amending section 2 to state that single
meters are not mandated by subdivision regulations because it is a single lot; motion carried (4-1,
Mayor Pinard voting no).
Moved by Ranoa/Romero to direct staff to bring into conformity the City's condominium conversion
regulations with other applicable codes within the City; motion carried (5-0).
Council requested Planning Commission minutes be submitted with Council agenda packets.
8:35 PM Mayor Pinard declared a recess.
8:50 PM Council reconvened; all Council Members present.
3. CONDOMINIUM CONVERSION - CON 34-92 (File No. 423)
Council held a public hearing to consider a request to convert a 9-unit apartment complex located at
533 Pismo Street to air-space condominiums,and to allow exceptions for street yard, open space,and
condominium development standards; Derek Eastwood, applicant.
Arnold Jonas, Community Development Director, reviewed the project.
Mayor Pinard declared the public hearing open_ .
Derek Eastwood, applicant, clarified the location of the storage unit.
Mayor Pinard declared the public hearing closed.
Moved by Raaaa/Romero, Resolution No.8102 was adopted approving the condominium conversion
with exceptions subject to the findings and conditions recommended by the Planning Commission;
motion carried (5-0).
City Council Meeting Page 5
Tuesday, December 15, 1992- 7:00 P.M.
BUSINESS ITEM
4. SUBCOMMITTEE APPOINTMENTS - BUSINESS MEETING (File No. 418)
Council considered Council Subcommittee appointments for a meeting with the business community.
John Dunn. City Administrative Officer, reviewed Council's request to form a committee to explore
business issues in the community.
Council adopted Mayor Pinard's suggestion that she and Allen Settle serve on the subcommittee by
general consent.
COMMUNICATIONS
COMMA. Vice Mayor Roalman asked Council to reconsider the appointments of two Department
Heads (Public Works Director and Long Range Planner) at their meeting of Tuesday,January 5, 1993.
Council reached general consent.
COMM.2. Council Member Settle asked Council to agendize the fee adjustment required of non-
profit organizations for their participation in Thursday Night Activities. Council reached majority
consensus (3-2, Council Members Rappa and Romero voting no).
COMM.3. Mayor Pinard stated she received a request from Sherry Swenson to coordinate and
observe Disabled Awareness Day in conjunction with Cal Poly and other organizations. Council
reached general consent (5-0).
COMM.4. Council Member Romero requested Council consider adding an invocation to the
Council agenda;general consent was achieved to consider this during review of Council Policies and
Procedures.
COMMS. Mayor Pinard requested staff not submit late items. Council Member Rappa stated she
calls or checks on Friday for late items; Mayor Pinard stated she was concerned about public review
of the entire package; Council Member Settle was concerned about Planning Commission's
interpretation.
9:13 P.M. Mayor Pinard declared a recess to closed session regarding labor negotiations and existing
litigation.
11:05 P.M. Council reconvened in open session to report that direction was given to negotiators.
11:07 P.M.there being no further business to come before the City Council, Mayor Pinard adjourned
the meeting to date certain Tuesday, January 5, 1993 at 6:15 P.M. for closed session regarding
personnel matters.
APPROVED BY COUNCIL:
Diane R. Gladwell, City Clerk
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