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Home My WebLink About07/17/19901 1 1 City Council Minutes Tuesday, July 17, 1990 - 7:00 p.m. City Staff Page 2 Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas, Community Development Director; Dave Romero, Public Works Director; Ken Hampian, Assistant City Administrative Officer; Jim Gardiner, Police Chief; Bill Hetland, Utilities Director ----------------------------------------------------------------------------- 6:00 P.M. - CLOSED SESSION - Mayor Dunin adjourned the meeting to Closed Session to discuss downtown future parking structure sites and possible property acquisition for Mission Plaza expansion. ----------------------------------------------------------------------------- 7:00 P.M. - Mayor Dunin reconvened in Regular Session; Councilman Reiss absent. There was no public comment. -- --- ----------------- - - - - -- PUBLIC COMMENT CONSENT AGENDA Moved by Rappa /Roalman, (4- 0- 1,.Vice -Mayor Reiss absent) the consent calendar was unanimously approved as recommended by the City Administrative Officer with the exceptions of C -8 and C -10 as noted. Motion carried. C -1 COUNCIL MINUTES The following minutes were approved as amended. Wednesday, June 6, 1990 - 7:00 p.m. Tuesday, June 12, 1990 - 6:00 p.m. Monday, June 18, 1990 - 7:00 p.m. C -2 TRAFFIC WORK ORDERS Council considered Traffic Work Orders for the period April 1, 1990 through June 30, 1990. Moved by Rappa /Roalman (4 -0 -1, Vice -Mayor Reiess absent) Resolution No. 6840 approving Traffic Work Orders for the period April 1, 1990 through June 30, 1990 as recommended. C -3 PUBLIC WOKRS MUTUAL AID AGREEMENT (File No. 501) Council considered a Mutual Aid Agreement with Los Angeles and Orange Counties as initial signatories, with provisions for other cityies, counties, and state agencies to become parties, which will provide assistance in the public works disciplines heavily involved in major disasters. Moved by Rappa /Roalman (4 -0 -1, Vice -Mayor Reiss absent) Mutual Aid Agreement A105 -90 -CC approved, Mayor authorized to execute the agreement and Public 3 ®1 302 City Council Minutes Page 3 Tuesday, July 17, 1990 - 7:00 p.m. Works Director designated as Coordinator for the City of San Luis Obispo as recommended. C -4 ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT 1360 (UNIT 11 (File N0.410) Council considered accepting public improvements for Tract 1360 (Unit 1) a 42- lot residential subdivision located at 4400 Poinsettia Street; Eastfork, Ltd. - French, subdividers. Moved by Rappa /Roalman (4 -0 -1, Vice -Mayor Reiss absent) Resolution No. 6841 adopted accepting public improvements for Tract 1360 (Unit 1) as recommended. C -5 SPEED LIMITS (File No. 777) Council considered giving final passage to Ordinance No. 1174 modifying speed limits on certain city streets or portions thereof. Moved by Rappa /Roalman (4 -0 -1, Vice -Mayor Reiss absent) Ordinance No. 1174 given final passage amending Section 10.56.010 of the Municipal Code as recommended. C -6 COMMUNITY /UNIVERSITY TASK FORCE (File No. 123) Council considered recommendations from the Community /University Task Force focusing on issues relating to transportation, housing, resource management, student conduct, and management of enrollment growth. Moved by Rappa /Roalman (4 -0 -1, Vice Mayor Reiss absent) Staff directed to develop proposed responses to the recommendation from the Community /University , Task Force and report back to Council regarding feasibility, cost, and plans for implementation with minor amendments as suggested by Councilwoman Pinard. C -7 TRANSIT AGREEMENT (File No. 541) Council considered a transit agreement between the trustees of California State University, California Polytechnic State University, and the City of San Luis Obispo for a route subsidy on SLO Transit. Moved by Ranna /Roalman (4 -0 -1, Vice -Mayor Reiss absent) Agreement (Al06 -90- approved and Mayor authorized to execute the agreement for the route subsidy in the amount of $98,325 for FY 1990 -91 as recommended. C -8 LEAVE OF ABSENCE - CHC COMMISSIONER (File No. 123) Council considered a request by Wendy Waldron for a three -month leave of absence from the Cultural Heritage Committee. After brief discussion, it was moved by Councilman Roalman to grant the three - month leave as requested. Motion died for lack of a second. 303 City Council Minutes Page 4 Tuesday, July 17, 1990 - 7:00 p.m. Moved by Pinard /Dunin (3 -1 -1, Councilman Roalman voting no, Vice -Mayor Reiss absent) to reaffirm the Council policy that, if a member of an Advisory Body, for any reason, fails to attend three consecutive regular meetings or a total of six regular meetings within a twelve month period, the member shall automatically be considered for replacement and, that leaves of absence are not granted to Advisory Body members except under very unusual circumstances and, when authorized in advance by the Council. Motion carried. C -9 PERFORMI_NG ARTS CENTER AGREEMENT AMENDMENT (File No. 851) Council considered an amendment to the Performing Arts Center Development Agreement reflecting a cost ceiling on the State's share of the project of $15,643,000. Moved by Rappa /Roalman (4 -0 -1, Vice -Mayor Reiss absent) amendment to the Performing Arts Center Development Agreement reflecting State cost ceiling approved as recommended. C -10 CAMPAIGN REGULATIONS COMMITTEE (File No. 324) Council considered the appointment of a five - member committee to review the current Election Regulations ordinance and report its findings and recommendations to the City Council. Councilwoman Rappa stated that a change was required to the original list of nominees and the subcommittee (Rappa /Dunin) were now recommending Dodie Williams rather than Joan Leon to serve on the committee as Mrs. Leon was moving out of the state. Moved by Rappa /Roalman (4 -0 -1, Vice -Mayor Reiss absent) to appoint Sally Punches, GlennaDeane Dovey, Roger Picquet, John French and Dodie Williams to the Campaign Regulations Committee which will sunset upon Council adoption of the revised Election Regulations ordinance as recommended. COUNCIL LIAISON REPORTS C.L.R.1 Councilman Roalman reported that the County was to hold a public hearing on the State water Project on 7/25/90 at 7:00 P.M. He stated strong sentiment was indicated at the 7/14/90 meeting to support state water, but there was still grave concern that the draft Environmental Impact Report needed to address several issues. Upon general consensus, Mayor was authorized to write a letter to the County requesting a sixty day extension to allow time for the City t.o review and make comment on the draft EIR. --------------------------------------------------------------------------- PUBLIC HEARINGS - 1. APPEAL - FLOATING DOCK - 1114 VISTA DEL LAGO (File No. 407) Council considered an appeal by Jim Dummit of a Community Development 304 City Council Minutes Page 5 Tuesday, July 17, 1990 - 7:00 p.m. Director's and Planning Commission's interpretation that floating docks are not allowed for Laguna Lake front lots in Tract 465; site of the proposed dock is 1114 Vista Del Lago; Jim Dummit, owner. Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution which would deny the appeal and uphold the Planning Commission's and Director's interpretation that floating docks are not allowed within the flood control and maintenance easement on lake front lots in Tract 465. Mayor Dunin declared the public hearing open. Jim Dummit spoke in support of his appeal. Don Smith spoke against. -- Brett Cross was opposed to the floating dock. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Raooa /Roalman (4 -0 -1, Vice -Mayor Reiss absent) Resolution No. 6842 was adopted denying the appeal and upholding the Planning Commission's and the Director's interpretation that floating docks are not allowed within the flood control and maintenance easements on lake front lots as recommended. 2. GENERAL PLAN AMENDMENT & REZONING GP /R 1455 (File No. 465) Council considered a recommendation from the Planning Commission to amend the General Plan and zoning map to change a portion of a one -third acre site on the southwest corner of Dana and Nipomo Streets (1015 Nipomo) from medium - high density residential (R -3 -H) to retail - commercial (C -C -H); Michael Leitcher and Mary Mitchell - Leitcher, applicants. Arnold Jonas, Community Development Director, briefly reviewed the agenda report with the recommendation that Council: (1) adopt a resolution approving the general plan amendment from medium -high density residential to retail - commercial and, (2) introduce an ordinance to print amending the zoning map . from.R -3 -H to C -C -H -S as recommended by the Planning Commission. Mayor Dunin declared the public hearing open. Marshall Ochvlski, representing the applicants, spoke in support of rezoning to C -C. Mary Mitchell - Leitcher, 285 Crestmont Drive, applicant, spoke in support of their request and felt that the "S" designation was redundant but did support the remainder of the recommendations. Mayor Dunin declared the public hearing closed. 305 City Council Minutes Page 6 Tuesday, July 17, 1990 - 7:00 p.m. After discussion, moved by Raooa /Roalman (4 -0 -1, Vice -Mayor Reiss absent) to adopt Resolution No 6843 approving the general plan amendment from medium - high density residential to retail - commercial and introduce Ordinance 1175 to print amending the zoning map from R -3 -H to C -C -H -S with an amendment to add a Finding #5 defining the need for the "S" designation. 3. APPEAL - PLANNING COMMISSION - GP /R 1479 (File No. 463) Council considered an appeal by RRM Design Group of a Planning Commission decision to deny a request to amend the general plan land use element map and rezone two acres from C -N to O -S at the northwest corner of Prado Road and South Higuera Street; Don Walter, applicant. At the request of the applicant, appeal withdrawn. ----------------------------------------------------------------- BUSINESS ITEMS 4. EARLY GRADING PERMIT (File No. 402) Council considered a request to stockpile and treat soils contaminated with petroleum fuel oil on property located within the Southern Pacific Railroad right -of -way, adjacent to the site of the proposed condominium project known as Fairview Station located at 2225 Bushnell Street; The Petra Group, applicants. Arnold Jonas, Community Development Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution authorizing the issuance of a grading permit to allow stockpiling on a site located within the Southern Pacific Railroad right -of -way as recommended in the staff report. After brief discussion, moved by Raona /Pinard (3 -1 -1, Councilman Roalman voting no, Vice -Mayor Reiss absent) Resolution No.6844 was adopted to authorize the issuance of the grading permit to allow stockpiling as recommended. 5. CLOUD SEEDING STUDY (File No. 517) Council considered the feasibility study for a cloud seeding program to replenish water resources. Bill Hetland, Utilities Director, reviewed the agenda report with the recommendation that Council, by motion, authorize staff to negotiate, and the Mayor to execute, an agreement for a cloud seeding feasibility study, cost not to exceed $27,400 with the firm of North American Weather Consultants. Councilwoman Raooa was concerned that this be a County -wide effort and that the County share in the costs as well as the other cities, if possible. ICouncilman Roalman stated he could support the staff recommendation. 306 City Council Minutes Page 7 Tuesday, July 17, 1990 - 7:00 p.m. Mayor Dunin suggested Request for Proposals be obtained rather than approve a feasibility study. After additional discussion, moved by Raooa /Roalman (4 -0 -1, Vice -Mayor Reiss absent) to direct staff to request cloud seeding proposals from North American Consultants or other appropriate companies by way of RFPs. Motion carried unanimously. 6. AMENDED AGREEMENT - SAN LUIS HOTEL (File No. 425) Council considered revisions to an existing agreement with the owners of the San Luis Hotel (697 Higuera Street) to provide City- assisted funding for provisions of housing at below- market rental rates (continued from 7/10/90). Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council adopt a Resolution authorizing the City Administrative Officer to negotiate and execute an amended agreement for the provision of housing at below- market rental rates with the owners of the San Luis Hotel subject to the provisions outlined in the resolution. Tim Carmel, from the law firm of Lyon & Picquet, spoke in support of the proposed agreement. Councilman Roalman suggested one -year leases and expressed concern that the owner or family members not be allowed to rent them. George Movlan, of the Housing Authority, spoke in support of the proposed agreement. After discussion, moved by Roalman / Dunin (3 -1 -1, Councilwoman Rappa voting no,. Vice -Mayor Reiss absent) Resolution No. 6845 was adopted to authorize the City Administrative officer to negotiate and execute an amended agreement (A107- 90-CC) for the provision of housing at below- market rental rates with the owners of the San Luis Hotel, subject to the provisions outlined is the resolution with amendments regarding the establishment of one -year leases with month -to -month renewals and limit owner and immediate family from rental eligibility. 8:40 P.M. There being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Tuesday, Ju 31, 1990, at 7:00 P.M. APPROVED BY COUNCIL: 9/4/90 PV:san Pam:Voges, Cit Clerk 1