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Home My WebLink About08/16/1988218 City Council Minutes Page 2 Tuesday, August 16, 1988 - 7:00 P.M. 1 Absent: None City Staff Present: John Dunn, City Administrative Officer; Roger Picquet, City Attorney; Pam Voges, City Clerk; Michael Multari, Community Development Director; Dave Romero, Public Works Director; Steve Henderson, Assistant to CAO; Erwin Willis, Acting Fire Chief; Jim Gardiner, Police Chief; Bill Hetland Utilities Director C O N S E N T A G E N D A Moved by Settle /Rappa (5 -0), to appprove the Consent Agenda as recommended by the City Administrative Officer with the exception of C -6 and C -9 as noted. C -1 COUNCIL MINUTES The following minutes were approved as amended (5 -0); Monday, July 18, 1 1988 - 4:00 p.m. and Tuesday, July 19, 1988 - 7:00 p.m. C -2 PLANS & SPECIFICATIONS - CHLORINE BUILDING Plans and specifications for "Chlorine Building ", City Plan No. L -22M; bid estimate $55,000 including engineering and contingencies, approved as recommended. Staff authorized to advertise for bids as recommended (5 -0). C -3 PUBLIC WORKS CONTRACT (File #88 -05) Resolution No. 6477 (1988 Series), adopted awarding contract to Scovell Tree Surgery for "Street Tree Trimming Project" in the amount of $56,400 and transfer of funds authorized as recommended. City Plan No. N -37Y; bid estimate $100,000 (5 -0). C -4 PUBLIC WORKS CONTRACT (File #88 -07) Resolution No. 6478 (1988 Series), adopted awarding contract to Union Asphalt Inc., in the amount of $656,712.50 as recommended for "Street Reconstruction and Resurfacing Project" at various locations. City Plan No. M -08A: bid estimate $757,575.00 (5 -0). 11 Z19 City Council Minutes Page 3 Tuesday, August 16, 1988 - 7:00 P.M. C -5 TRANSIT AGREEMENT (File #1151) Resolution No. 6479 (1988 Series), adopted ratifying the Joint Powers Agreement for transit services between the City and the San Luis Obispo Area Coordinating Council as recommended (5 -0). C -6 STAFF POSITION (File #507) Council considered the establishment of a permanent Water Conservation Coordinator position for the City. Moved by Settle /Rappa (5 -0), to approve the full -time position as recommended. At 9:30 p.m., moved by Mayor Dunin /Reiss, that item C -6 be reconsidered at the end of the meeting. At the end of the meeting, Mayor Dunin stated he would like to change his vote on item C -6 to reflect a no vote. He would urge the Council to . reconsider and suggested this position rather than being made permanent, be placed on a three year contract position. 1 Moved by Rappa /Settle (4 -1, Mayor Dunin voting no), to approve the full -time position as recommended. C -7 MOTORCYCLE TRAINING (File #701) Resolution No. 6480 (1988 Series), adopted approving an Indemnity and Hold Harmless Agreement in favor of the City of San Mateo, arising out of Motorcycle Training Course as recommended (5 -0). C -8 FEASIBILITY STUDY - (File #462) Resolution No. 6481 (1988 Series), adopted to support feasibility study proposed by the San Luis Obispo Land Conservancy as recommended (5 -0). C -9 FINAL MAP - TRACT 1376 (File #410/1376) Council considered the approval of the final map for Tract 1376, Units 1 and 11, a 131 -lot subdivision at 1100 Tank Farm Road (Edna - Islay Specific Plan Area, Pacific Corp., subdivider. After discussion it was moved by Pinard /Reiss (5 -0), to adopt Resolution No. 6482 (1988 Series), approving the final map as recommended. Councilwoman Pinard asked that this item be discussed to be sure that all requirements by the Fire Department would be included, if not in the final map of this phase, in the next phase coming to the City. 220 City Council Minutes Page 4 Tuesday, August 16, 1988 - 7:00 P.M. P U B L IC HEAR I N G S 1. ZONING - TEXT AMENDMENT R1372 (File #463) Council held a public hearing to consider giving final passage to Ordinance No. 1120 amending the zoning regulations as recommended for Section 17.24 - 17.48 concerning maximum lot coverage allowed for churches, synagogues and temples; Grace Church, applicant (continued from 7/18/88 and 8/2/88). Mike Multari, Community Development Director, reviewed the agenda report with the recommendation that Council give final passage to the ordinance as recommended. He stated that a letter had been received from the American Civil Liberties Union dated 8/15/88 requesting Council to defer a final decision on the recommendation to amend the zoning regulations until they could review certain possible constitutional issues. Mayor Dunin declared the public hearing open. Hank Alberts, 1191 9th St., Los Osos, on behalf of the American Civil Liberties Union, requested a continuance. He stated that there may be some concern with violation of the first and the fourteenth amendments 1 that deal with separatiion of church and state and equal protection. Bob Davis, 1855 San Luis Drive, spoke in support of the proposed ordinance. Lee Ramsey, 1000 Mill St., also urged support of the ordinance. Mayor Dunin declared the public hearing closed. Moved by Settle /Reiss (3 -2, Pinard and Rappa voting no), to give final passage to Ordinance No. 1120 (1988 Series), as recommended. 2. APPEAL - 950 OLIVE STREET (File #407) Council held a public hearing to consider an appeal by R. Desai of a decision by the Architectural Review Commission to deny a request for banners at 950 Olive Street (Travelodge); R. Desai, applicant and appellant. Hike Multari, Community Development Director, briefly reviewed the agenda report with the recommendation that Council adopt the resolution which would deny the appeal and uphold the decision of the Architectural Review Commission to deny the signs. Mayor Dunin declared the public hearing open. Mr. Desai, the appellant, spoke in support of his appeal and submitted a letter by Mr. and Mrs. Norman Drain who also urged that the banner signs be left. 221 City Council Minutes Page 5 Tuesday, August 16, 1988 - 7:00 P.M. Mayor Dunin declared the public hearing closed. After discussion, moved by Rappa /Pinard (5 -0), to adopt Resolution No. 6483 (1988 Series), which would uphold the decision by the Architectural Review Commission to deny the request for banners. 3. TENTATIVE MAP - TRACT 1360 (File #407) Council held a public hearing to consider a Planning Commission recommendation to approve a vesting tentative map for Tract 1360 creating a 141 -lot residential subdivision in three phases; 4400 Poinsettia Street: Tierra Engineering (Jerry Michael), subdivider. 4. USER FEES (File #109 ) Council held a public hearing to consider establishing and adjusting user fees as follows: A. adjustment of golf course fees at Laguna Lake Golf Course (approximately 230 increase). B. establishing public safety alarm system fees. C. establishing a fee for filing a Notice of Intent to Circulate a Petition. A. Golf Course Fees Dave Elliott. Administrative Analyst for the Public Works Department, 1 reviewed the agenda report with the recommendation that Council, by resolution, approve the following changeS in golf course green fees effective 9/1/88: 1) eliminate the fees for 18 -hole play, the monthly Mike Multari, Community Development Director, briefly reviewed the agenda report with the recommendation that Council adopt the resolution which would approve the tentative map subject to the conditions recommended by the Planning Commission. Mayor Dunin declared the public hearing open. John French, spoke in support of the proposed tentative map. He suggested that one of the conditions concerning street lights be amended to allow 1 something lower than the standard 21 -22 foot street pole. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Settle /Rappa (5 -0), to adopt Resolution No. 6484 (1988 Series), approving a vesting tentative map for Tract 1360 with amendments to Conditions 8 and 15 and the addition of two conditions regarding street lighting and bridge materials. 4. USER FEES (File #109 ) Council held a public hearing to consider establishing and adjusting user fees as follows: A. adjustment of golf course fees at Laguna Lake Golf Course (approximately 230 increase). B. establishing public safety alarm system fees. C. establishing a fee for filing a Notice of Intent to Circulate a Petition. A. Golf Course Fees Dave Elliott. Administrative Analyst for the Public Works Department, 1 reviewed the agenda report with the recommendation that Council, by resolution, approve the following changeS in golf course green fees effective 9/1/88: 1) eliminate the fees for 18 -hole play, the monthly 222 City Council Minutes Tuesday, August 16, 1988 - 7:00 P.M. Page 6 fees and the 10% Senior discount; 2) raise all remaining green fees 23% to cover all program costs including direct costs, indirect costs in Capital Improvement; and 3) adjust green fees effective July 1 in subsequent years to keep'pace with the Consumer Price Index and to continue covering all program costs. Mayor Dunin declared the public hearing open. Howard Bentzinger, 1720 Royal Ct., spoke against the proposed fees and urged the Council to recommend something other than that proposed by staff. Vern Mattson, 1028 Meryl Ln., spoke in opposition to the fees. Clint Keller, 770 Hanford St., Pismo Beach and a member of A.A.R.P. also felt that the fees would be too restrictive for Seniors. Carrie Terry, 1037 Tiffany Dr., SLO, spoke against the fee increase. Phyllis DeSheets, 1490 Desconso and Vice - President of the Ladies Club, also spoke in opposition to the fees. Jerri Houser, 1180 Oceanaire, spoke in opposition. Mike Van Ducey, suggested that Council look at a discount for Cal Poly students as well as Seniors. William Nolton, 1135 Oceanaire Dr., also spoke in opposition. Carol Nolton, who considers herself a "Golf Widow ", also spoke in opposition. :Mayor Dunin declared the public hearing closed. After discussion it was moved by Rappa /Mayor Dunin (5 -0), that the matter of the golf course fees be referred to staff for a report back with a fee schedule and policy consideration to make golf course fees consistent with the City's other recreational facilities. Further, that staff consider comments made by Mr. Bentzinger in the Public Hearing (this action would remove the golf course as an enterprise system). 9:15 p.m., Mayor Dunin delcared a recess. 9:30 p.m., City Council reconvened, all Councilmembers present. B. Establishing Public Safety Alarm System Fees Jim Gardiner, Chief of Police, reviewed the agenda report with the recommendation that Council adopt the resolution establishing a alarm permit fee of $5.00 payable every two years for the issuance and renewal of security /fire alarm permits. J L 223 City Council Minutes Page 7 Tuesday, August 16, 1988 - 7:00 P.M. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed fees. Mayor Dunin declared the public hearing closed. Moved by Reiss /Settle (5 -0), Resolution No. 6485 (1988 Series), was adopted establishing the public safety alarm system fees as recommended. Council also urged that a educational program begin to inform the public of these fees. C. Establishing a fee for filing a Notice of Intent to Circulate a Petition Roger Picquet, City Attorney, briefly reviewed the agenda report with the recommendation that Council adopt the resolution establishing a $200.00 fee for filing of initiatives. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed fee. Mayor Dunin declared the public hearing closed. Moved by Settle /Rappa (5 -0), to adopt Resolution No. 6486 (1988 Series). establishing a fee of $1.00 for filing a Notice of Intent to Circulate a Petition. B U S I N E S S I T E M S 5. WATER ALLOCATION IMPLEMENTATION (File *517 ) Council considered administrative follow -up to Water Allocation Procedures and Conservation Standards: A. designate projects eligible for the special reserve; B. require certain water - saving features for all projects receiving water allocations; C. adopt landscape water - conservation guidelines; and D. review administrative interpretation for the Water Allocations Regulations. Mike Multari, Community Development Director, reviewed the agenda report with the recommendation that Council adopt resolutions to: A) designate projects eligible for this special reserve; B) require the water - saving features; and C) adopt landscape water - conservation guidelines. 224 City Council Minutes Page 8 Tuesday, August 16, 1988 - 7:00 P.M. Mayor Dunin asked for public comment. John French, Developer, spoke in support of the recommendations. Mayor Dunin closed the public portion. After discussion, moved by Settle /Rappa (5 -0), to adopt Resolution No. 6487 (1988 Series), designating the projects eligible for the special reserve as recommended. Moved by Settle /Rappa (5 -0), to direct staff to report back on a possible Water Allocation ordinance amendment that would address incentives for more moderately priced housing in the special reserve. Moved by Settle /Rappa (4 -1, Pinard voting no), to adopt Resolution No. 6488 (1988 Series), (Exhibit B), requiring water conservation features for projects receiving water allocations with an amendment to change the effective date of the toilets with a maximum flush of 1.5 gallons from 9/1/88 to 1/1/89. Moved by Pinard /Reiss (5 -0), to postpone further discussion of the Architectural Review Commission landscape guidelines to a later meeting. u D. Administrative Interpretation Mike Multari, Community Development Director, urged Councilmembers to contact him if they had concerns or questions regarding his administrative interpretation of the Water Allocation Regulations. This item was received and filed upon general consensus, with any item to return to the Council if problems were identified and not resolved. 6. SIDEWALKS (File *530) Council considered the approval of preliminary determination that curb. gutter, and sidewalk improvements are required in various areas of the city. Dave Romero, Public Works Director, briefly reviewed the agenda report with the recommendation that Council, after making modifications, direct staff to proceed. Mayor Dunin asked for public comment. None was forthcoming. Mayor Dunin closed the public portion of the meeting. Moved by Settle /Rappa (5 -0), to approve the list of improvements as recommended and to direct staff to proceed. ?25 City Council Minutes Page 9 Tuesday, August 16, 1988 - 7:00 P.M. 7. ELECTION SURPLUS FROM CAMPAIGN FUNDS (File x324) Council considered the authorization of surplus funds in the amount of S833.40 from Mayor Dunin's election campaign fund to be placed in a special account. Mayor Dunin requested Council to accept this gift with conditions from Mayor Dunin of excess campaign funds. After brief discussion, moved by Reiss / Rappa (5 -0), to accept the gift as recommended. C O M M U N I C A T I O N S C -1 PROMOTIONAL /ADVERTISING AGREEMENTS After discussion and upon general consensus, staff was directed to bring back the advertising services agreement with SJ Francis and Associates to Council at its meeting of 9/6/88 for further discussion (5 -0). C -2 LEAGUE OF CALIFORNIA CITIES Upon general consensus, Council authorized the CAD to send a letter opposing Assembly Bill 3341 regarding compulsory and binding arbitration (5 -0). C -3 HOMELESS - EOC Upon general consensus, Councilwoman Rappa was requested to serve as the alternate at the Economic Opportunity Commission meeting when the agenda reviewed the Salvation Army's request that EOC handle the homeless function that they previously held through August (5 -0). C -4 HEALTH NET AS CITY PROVIDER Upon request by Councilman Settle, and upon general consensus. the Personnel Director was directed to report back regarding the article about the projected high costs passed on by Health Net Insurance used by the City (see article in Medical Economics dated 7/88). At 11:45 p.m., Mayor Dunin adjourned the meeting to closed session to discuss Personnel Matters. At 1:00 a.m., there being no further business to come before the City Council, Mayor Dunin adjourned the meeting Pa Voges, Cit} Jerk APPROVED BY COUNCIL: 9/20/88 lb • 1 1