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HomeMy WebLinkAbout02/20/1996, C-1 - City Council Meeting Page 2 Tuesday, February 6, 1996 -7:00 p.m. Wendy Waldron, Caltrans Environmental Specialist, summarized the outcome of the two "open house" public hearings that have been held to date. Council held no discussion and took no action on the presentation. This item is scheduled to come before the City Council on Tuesday, March 5, 1996. CONSENT AGENDA Moved by Williams/Romero to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried (5-0). C1. COUNCIL MINUTES (CONDON) Tuesday, January 16, 1996 at 7:00 p.m.; Tuesday, January 23, 1996 at 8:00 a.m. (Advisory Body Subcommittee); Tuesday, January 23, 1996 at 7:00 p.m.; Thursday, January 25, 1996 at 12:00 p.m. (Advisory Body Subcommittee); and Friday, January 26, 1996 at 12:00 p.m. (Advisory Body Subcommittee) Moved by Williams/Romero to waive oral reading and approve minutes as amended; motion carried (5-0). C2. RAILROAD BIKE PATH DESIGN SERVICES(File No. 9098) Council considered a Request for Proposal (RFP)for"Design Services;Railroad Bicycle Path Phase 1," Specification No. 9098.520.552. Moved by Williams/Romero to approve RFP and authorize the City Administrative Officer to award an agreement for design services if the cost does not exceed $35,000 plus contingencies; motion carred (5-0). C3. COPYING SERVICES RFP (File No. 9685) Council considered a Request for Proposal (RFP) for contract copy services. Moved by Williams/Romero to approve RFP and authorize the City Administrative Officer to award contract to the most responsive bidder; motion carried (5-0). C4. USE OF PROMOTIONAL COORDINATING COMMITTEE FUNDS (File No. 1055) Council considered a recommendation by the Promotional Coordinating Committee(PCC)to spend $10,080 of Enhanced Promotional Funds to upgrade "fulfillment" materials by including the Chamber of Commerce Visitors' Guide magazine. Moved by Williams/Romero to approve PCC recommendation and authorize the Mayor to sign an amendment to the Barnett Cox & Associates contract; motion carred (4-1; Roalman voting no). C5. MOBILEHOME RENTAL ASSISTANCE ACT (File No. 428) Council considered opposing the "Mobilehome Fairness and Rental Assistance Act," an initiative ballot measure certified for the March 26, 1996 statewide election. �-3 City Council Meeting Page 3 Tuesday, February 6, 1996 -7:00 p.m. Moved by Williams/Romero to adopt Resolution No. 8490 opposing the initiative as amended to include reference to Proposition 199. C6. PARKING CITATION LEGISLATION (McCLUSKEY/557) Council considered amendments to current requirements for the processing and adjudication of civil parking violations. Moved by Williams/Romero to: a)establish a payment plan for citations upheld at the hearing level with a single penalty amount of$75 or more with the full payment satisfied no later than 90 days; b) provide no community service program for any parking citation; c) adopt written policies and procedures for the processing and adjudication of parking citations; and, d) authorize the City Administrative Officer to appoint a qualified person as the City's official Hearing Officer; motion carried (5-0). C7. PURCHASING AUTHORITY (File No. 202) Council considered giving final passage to an ordinance amending Section 3.24.150(c) of the Municipal Code assigning responsibility for receiving bids to the City's purchasing authority. Moved by Williams/Romero to give final passage to Ordinance No. 1291; motion carried (5-0). APPOINTMENTS Al. PERFORMING ARTS CENTER ARTS COMMITTEE (File No. 123) Council considered Council Subcommittee appointment recommendations to the Performing Arts Center Arts Committee. Moved by Smith/Roaiman to appoint Carol Dunn and Evani Lupinek as City representatives to the Arts Committee for the Performing Arts Center, motion carried (5-0). A2. COUNCIL COMPENSATION COMMITTEE (File No. 123) Council considered Council subcommittee appointment recommendations to a five-member Council Compensation Committee, effective immediately, to sunset upon adoption of a new Council Compensation resolution. Moved by Roalman/Smith to appoint Pat Veesart, Diane Hull, Pierre Rademaker, Marcy Villa and Robert Griffin to the Council Compensation Committee; motion carried (5-0). LIAISON REPORTS L.R.I. Council Member Romero. Council Liaison to the CMC Advisory Committee,related statistics on the prison system across the state. L.R.2. Council Member Romero. Mass Transportation Committee Council liaison, reported on two major projects at Cal Poly that would have traffic Impacts on the City. cf'� City Council Meeting Page 4 Tuesday, February 6, 1996 -7:00 p.m. L.R.3. Council Member Romero reported from the County Economic Development Committee that grant funding would be available to economically feasible projects around the City. L.R.4. Council Member Smith reported on the first meeting of the Student Housing Task Force. L.R.S. Council Member Roalman,representative to the People's Kitchen Executive Committee,said the County had reported on the status of their grant funding to the Homeless Services Center project a meeting held earlier today. He also said that the contractor would have to pay the prevailing wage mandated by the use of federal funds. PUBLIC HEARINGS Item No. 8 was moved to the first item on tonight's agenda (general consensus). B. RAMONA DRIVEIAUGUSTA STREET PEDESTRIAN CROSSING/SPEED CONTROLS (File No. 534) Council considered a request by Augusta Street residents and Sinsheimer School PTA representatives to replace trial traffic calming facilities with permanent facilities. Mike McCluskey. Public Works Director, and Terry Sanville. Principal Transportation Planner, reviewed the staff recommendation and presented various plans for speed control on Augusta and Ramona Streets. Mayor Settle asked for comment from the audience. There were no speakers. After discussion, moved by Roalman/Romero to: 1) approve the design for Ramona Street and design Alternate 93 for Augusta Street for permanent speed-controlled pedestrian crossings, and direct staff to prepare plans and specification; 2)appropriate General Fund balances in the amount of $41,600 for project ($15,000 for construction of permanent crossing with speed controls on Ramona Drive and $31,600 for a permanent pedestrian crossing with speed controls on August Street);and, 3)amend the Council policy concerning the installation of trial traffic calming facilities to allow the installation of interim or permanent facilities prior to the adoption of required Neighborhood Traffic Management Plans; motion carried (5-0). 1. APPEAL -TREE REMOVAL AT 1307 MILL STREET(File No. 505) Council held a public hearing to consider appeals by Torre Houlgate-West and Laurence D. Houlgate of a Tree Committee action to approve the removal of a camphor tree at 1307 Mill Street; Charles Root, applicant Mike McCluskey, Public Works Director, reviewed the Tree Committee's action. Mayor Settle opened the public hearing. Crain McCollum. Mill Street, asked Council to consider alternatives to tree removal. C4-5 City Council Meeting Page 5 Tuesday, February 6, 1996 -7:00 p.m. Charles Root the applicant, said the tree in question had died back considerably over the past few years and urged Council not to overturn the Tree Committee's action. Mayor Settle closed the public hearing. After discussion, moved by SmithlWilliams to adopt Resolution No. 8491 denying the appeal and upholding the Tree Committee's action to grant removal,and directing staff to plant a replacement camphor tree; motion tamed (5-0). Council Member Romero asked if Council would agree to have staff explore the possibility of moving the sidewalk out two feet, and buying easements from property owners to allow the camphor trees on Mill Street an expanded growing area, and return with a cost estimate. Council agreed to have staff investigate costs, but not place this work effort as a top priority. (General consensus.) 2. APPEAL -TREE REMOVAL AT 1789 SAN LUIS DRIVE (File No. 505) Council was scheduled to hold a public hearing to consider an appeal by John and Sandy Wallace of a Tree Committee action to deny the removal of a tree at 1789 San Luis Drive; John Wallace, applicant. The applicants had requested earlier in the day that this item be continued to a future meeting. Moved by Roalman/Smith to continue this item to a date certain; Tuesday, March 5, 1996. 3. APPEAL- GRILLCO. INC. (File No. 407) Council was scheduled to hold a public hearing to consider an appeal by Kinko's 1 Hour Photo of a Planning Commission action to approve (on appeal) a parking reduction for a five-unit commercial center at 5, 9, 11, 13, and 19 Santa Rosa Street; Grillco, Inc., applicant. This Item was withdrawn by the appellant. Moved by Smith/Roalman to accept the withdrawal; motion carried (5-0). 4. APPEAL - FROOM RANCH ENVIRONMENTAL DETERMINATION (File No. 407) Council held a public hearing to consider an appeal by Alex Madonna of the Community Development Director's determination to require a focused environmental impact report for a 66.6- acre annexation and development project proposed along Los Osos Valley Road between Madonna Road and Highway 101 (Froom Ranch -Annx/R/ER 80-95); Alex Madonna, applicant. Arnold Jonas. Community Development Director, Ron Whisenand, Current Planning Manager, and Whitney Mcllvaine, Associate Planner, presented background on the appeal pointing out that the Council would be deciding tonight if a focused EIR was necessary,and not approving the proposed project. Mayor Settle opened the public hearing. Dennis Schmidt. Central Coast Engineering, responded to the key issues as they relate to the eleven potentially significant Impacts Identified in the staff report. e744 City Council Meeting Page 6 Tuesday, February 6, 1996 -7:00 p.m. Steve Orosz. Penfield and Smith, described the specific traffic studies he had conducted with regard to the proposed development. Marty Tanoeman, attorney for the project, explained why an additional EIR was not necessary. Sherry Medel, who lives near the property, expressed concern that a commercial development in this location would bring a heavy influx of traffic and people. Carmen Merril, also a nearby resident, opposed the commercial development of this site due to impacts on the neighborhood. Len Medel. Lima Street, opposed the development. Sarah Chesebro. representing Caltrans, expressed their concern about the developments impacts on the Los Osos Valley Road/Highway 101 interchange. Steve DiVincenzi.SLOCOG,echoed the concerns expressed by Ms.Chesebro on behalf of Caltrans. Richard Marshall. County Development Services Engineer, said that this development would have impacts on the County as well in terms of traffic and levels of service. Sandi Siaurdson. San Luis Obispo resident, urged Council to vote for the focused EIR and opposed the project. Lisa Camaso. Buchon Street, opposed the development. Larry Allen, representing the Air Quality Control District, said that his organization had major concerns not adequately addressed in the initial study and said the EIR was justified. Pat Veesart,representing the Sierra Club, supported the staff recommendation to require a focused EIR. Steve McGrath, resident, said that a project of this magnitude should have an EIR. Phil Ashley. La Cita Court, reminded Council of the recommendations in the final report by the Environmental Quality Task Force and urged Council to deny the appeal. Dennis Schmidt responded to comments made during the public hearing. Steve Orosz. Penfield and Smith, clarified issues related to traffic on Los Osos Valley Road. Mayor Settle closed the public hearing. After discussion, moved by Roalman/Smith to 1)adopt resolution denying the appeal; 2)by motion, approve workscope for consultant services to prepare an Environmental Impact Report, excluding drainage and with additional study in air quality areas, for the Froom Ranch Project (workscope to include Geology, Water Supply, Transportation/Circulation, Biology, Botany, Noise, Utility Systems and Aesthetics), and authorize staff to proceed with sending out Request for Proposal documents to qualified consulting firms,after consultation with the applicant regarding his desire to proceed with the project; and, 3)authorize the City Administrative Officer to award the contract to a qualified consulting firm,contingent upon the developer depositing with the City the amount C 1'7 City Council Meeting Page 7 Tuesday, February 6, 1996 -7:00 p.m. of the contract plus 30%; motion carried (3-2; Romero and Williams voting no). Council Member Romero stated,for the record,that his no vote reflected his disagreement with the magnitude of the workscope, although he did favor denying the appeal. Vice Mayor Williams echoed this viewpoint 10:17 p.m. Mayor Settle declared a recess. 10:33 p.m. Mayor Settle reconvened the meeting; all Council Members present 5. PLANNED DEVELOPMENT REZONING -4411 BROOKPINE (File No. 463) Council was scheduled to hold a public hearing to consider a planned development rezoning to allow smaller lots,slightly increased density, and smaller yards than are normally allowed in a low density residential zone at the southwesterly end of Brookpine (4411 Brookpine); Hertel & Sons, Inc., applicant Moved by Smith/Williams to continue this item to a date certain; Tuesday, February 20, 1996. 6. UNDERGROUND DISTRICT 13 (File No. 563) Council held a public hearing to consider amending Section 13.12.040 of the Municipal Code to establish Underground Utilities District 13 (Foothill Boulevard from Ferrini Road to Santa Rosa Street, and Santa Rosa Street north of Boysen Avenue to Montalban Street, and including Santa Rosa Park). Mike McCluskey.Public Works Director,reviewed the district's boundaries and explained when and how the changeover would occur. Mayor Settle opened the public hearing. John Edaecombe. Board of Trustees of Zion Lutheran Church, asked if the church property would be included in the district Chris Larsen. Santa Rosa, expressed concern that his tenants would be disrupted during the construction and about costs to property owners for hooking up to the underground utilities. Mayor Settle closed the public.hearing. After discussion, moved by Williams/Romero to introduce Ordinance No. 1292 to print establishing Utilities Underground District 13; motion carried (5-0). COMMUNICATIONS Comm.1. City Council agreed to take creek walk on Thursday, February 29, 1996, beginning 12:00 to 1:45 p.m. (General consensus.) Comm. 2 Council Member Smith expressed concern after hearing from two people that they did not believe they could communicate directly with Individual Council Members regarding items on the agenda. City Council Meeting Page 8 Tuesday, February 6, 1996 -7:00 p.m. Comm. 3. Mike McCluskey, Public Works Director, said five traffic controller signals had been melted down in Monday morning's electrical storm creating $10-16,000 in damages. To be considered during mid-year budget review on February 27, 1996. BUSINESS ITEMS 7. BIA THURSDAY NIGHT FARMER'S MARKET RULES (File No. 476) Council considered amendments to Thursday Night Rules and Regulations to redefine business hours, passive solicitation of donations by entertainers, barbecue permits, and BIA participants proof of worker's compensation insurance. Pete Eberle. Thursday Night Activities Coordinator, presented the revised Thursday Night Rules. Mayor Settle asked for comment from the public. Ken Carpenter.Chief Running Dog,hotdog vendor in the plaza,objected to the new Thursday Night Rules, and felt they were being implemented to prevent him from participating in Thursday Night activities, Including barbecuing. After discussion, moved by Williams/Romero to adopt a resolution approving the amended Business Improvement Association's Thursday Night Activities/TNA Rules and Regulations; motion failed (2-3; Settle, Roalman and Smith voting no.). After discussion, moved by Roalman/Smith to adopt Resolution No. 1293 approving the Business Improvement Association's Thursday Night Rules and Regulations with modification to Section 2., "Business Hours," to allow "grandfathering" accommodation for three businesses that are Impacted, referred back to the BIA staff to craft language with the assistance of the City Attorney; motion carried (3-2, Romero and Williams voting no). 9. PARKS AND RECREATION OFFICE BUILDING (Spec. No. 94-13B) Council considered appropriating an additional $68,200 to the Parks and Recreation Office Building project budget ($36,400 from the capital outlay fund completed projects account and $31,800 from the general fund unappropriated balance). Mike McCluskey. Public Works Director, explained increases in the design, construction and construction management budgets. Paul LeSaae. Parks and Recreation Director, justified additional costs for systems furniture installation. After discussion, moved by Roalman/Romero to approve appropriation of additional project funds; motion carried (5-0). 11:32 p.m. There being no further business to come before the City Council, Mayor Settle adjourned the meeting to Closed Session in the Council Hearing Room. APPROVED BY COUNCIL: Kim Condon, Assistant City Clerk Cl' 1 CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 6, 1996 - 11:35 P.M. CITY HALL - COUNCIL HEARING ROOM -990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Kathy Smith, Dave Romero, Bill Roalman, Vice Mayor Dodie Williams, and Mayor Allen Settle Absent: None City Staff Present: John Dunn, City Administrative Officer;Jeff Jorgensen, City Attorney City Council held a closed session to discuss the following issue: CONFERENCE WITH PROPERTY NEGOTIATOR (pursuant to Government Code §54956.8) Property: Bowden Adobe Negotiating Parties: City of San Luis Obispo: Jeffrey G. Jorgensen Property Owner Representative: John Kuden Negotiation: Whether to Acquire 11:40 P.M. Council reconvened In open session. Jeff Jorgensen. City Attorney, reported the results of property negotiations would not be disclosed as the parties are still In negotiation and final action was not taken. 11:41 P.M. Mayor Settle adjourned the meeting to Monday, February 12, 1996,at 12:00 p.m. In the Council Chamber of City Hall. APPROVED BY COUNCIL: KC:dr Kim Condon, Assistant City Clerk Q-/o