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HomeMy WebLinkAbout04/16/1991rim MINUTES t REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, APRIL 16, 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 Stab Present: John Dunn, City Administrative Officer, Ken Hampian, Assistant Administrative Officer, Jeff Jorgensen, City Attorney, Kim Condon, Assistant City Clerk-, Arnold Jonas, Community Development Director, Bill Statler, Finance Director, Bob Neumann, Acting Fire Chief, Bill Hetland, Utilities Director, Ken Weathers, Water Division Manager, Keith Opalewski, Parking Coordinator, Carol Hoon, Recording Secretary PUBLIC COMMENT P.C.I. Deanna Constable, P.O. Box 12204, expressed distress over a Yellow Ribbon Fourth of July. She felt it connoted a pro-war attitude. P.C.2. Brian Jacob. 480 N. Chorro #12, invited the community to an event scheduled for April 19 -20. Poly Agriview is an event stressing the quality of education, rather than the quantity of people in attendance. Invitations were issued and the program is scheduled to end at 3:00 p.m. each day. P.C3. Gail Gilman, 750 Osos Street, was opposed to a Yellow Ribbon Fourth of July. P.C.4. Brad Goans. P.O. Box 13035, felt the war itself was illegal and could not support the celebration. P.C.S. Gary Fowler. 777 Mill Street, expressed concern for the ECOSLO center on Prado Rd. regarding the cleanliness of the operation and the bins being left in the public right of way. He also was concerned about the S.L.O. train center. He stated that the city signs were broken and that there was a trash problem in the parking lot. CONSENT AGENDA Moved by Pinard /Roalman (5 -0) to approve the consent agenda as recommended by the City Administrative Officer with the exception of C -3, C-6, C -8, C -9, and C -12 as noted. C -1 COUNCIL MINUTES The minutes of Tuesday, March 5, 1991 at 7:00 p.m. were approved (5 -0) as amended. C -2 TRAFFIC WORK ORDERS Moved by PinardJRoalman to adopt (5 -0) Resolution No. 6956 approving traffic work orders as recommended. i. City Council Minutes Tuesday, April 16, 1991 - 7:00 pm. C -3 PARKING MANAGEMENT PLAN (File No. 554) Page 2 Council considered modifying the provision for the establishment of 10 -hour parking meter permits to include an option to offer a reduced rate of $5.00 per month for qualified residents with 10 -hour meters in front of their homes. Councilwoman Pinard felt the residents should be charged the same as those residents in the permit district adjacent to Cal Poly. Mayor Dunin agreed and felt it was unfair to charge the residents for the land which they are already paying taxes on. Moved by Pinard /Reiss to adopt Resolution No. 6957 (4 -1, Councilman Roalman voting no) to modify the provision for the establishment of 10 -hour parking meter permits to include an option to offer a reduced rate of $5.00 per year for qualified residents with 10 -hour meters in front of their residences. C4 WATER MAIN RECONSTRUCTION PROJECT (File No. 91-09) Council considered plans and specifications for "Water Main Reconstruction Project: Meadow Street - Lawrence Drive to Mitchell Street ", City Plan No. R -36P estimated to cost $31,810 excluding contingencies. Moved by Pinard /Roalman to authorize staff to advertise for bids and City Administrative Officer to award contract as recommended. C -5 WASTEWATER TREATMENT PLANT /SEWER MAIN IMPROVEMENTS (File No. 523) Council considered the Wastewater Treatment Plant and Sewer Main Improvement Projects, an_ d dedication of funds for repayment of State Revolving Fund loans. Moved by Pinard /Roalman to adopt (5 -0) Resolution No. 6958 approving sewer fund user charge revenues for repayment of State Revolving Fund Loans as recommended. C-6 WASTEWATER MANAGEMENT PLAN - ARCHAEOLOGICAL SERVICES (File No. 90-67) Council considered awarding a contract for archaeological services during Units 3 and 4 Wastewater Treatment Plant Improvements and Phase I Collection System Improvements. Councilwoman Pinard felt it was too expensive to have someone stand by the site to watch the work. She thought the machine operators could be trained to watch for cultural resources. Jeff Jorgensen, City Attorney, stated that the City must meet mitigation through an independent source and this requirement was a condition of the environmental report for the project. Rill Hetland, Utilities Director, stated that this was a traditional approach to this type of sensitive site. Councilwoman Ranoa agreed with the recommendation and felt this was normal, acceptable required mitigation. Moved by Rappa /Roalman to authorize the Mayor (3 -2, Councilwoman Pinard and Mayor Dunin voting no) authorized to execute Agreement A- 21 -91 -CC for Archaeological services with C.A. Singer with fees to be billed at an hourly rate of $40.00 plus 2090 overhead in an amount not to exceed $78,000 as recommended. 1 City Council Minutes Page 3 Tuesday, April 16, 1991 - 7:00 pm. C -7 NUISANCE ABATEMENT - 663 CHURCH STREET (File No. 722) Council considered declaring the property at 663 Church Street a public nuisance and ordering a public hearing be set to declare property at 663 Church Street a public nuisance and order abatement procedures. Moved by Pinard /Roalman to adopt (5 -0) Resolution No. 6959 setting a public hearing on Tuesday, May 21, 1991 at 7:00 p.m. to consider declaring property at 663 Church Street a public nuisance as recommended. C-8 TROLLEY VEHICLE EVALUATION (File No. 542) Council considered the acquisition of a heavy -duty trolley vehicle. Councilman Reiss expressed concern with the noise and pollution of a diesel vehicle and supported buying two smaller vehicles. He felt the noise. and smell would drive pedestrian shoppers from the downtown. Ken Hamnian. Assistant City Administrative Officer, stated that the diesel vehicle was lower in hydrocarbon and carbon monoxide emissions and the County Air Pollution Control District favored the diesel vehicle. Moved by Roalman / Rappa to direct staff (3 -2, Councilman Reiss and Mayor Dunin voting no) to prepare specifications for the acquisition of a heavy -duty trolley vehicle to be used as the City's primary vehicle as recommended. C -9 RFP FOR PROMOTIONAL SERVICES (File No. 91 -13) Council considered a Request for Proposals (RFP) for a promotional services contract for the Promotional Coordinating Committee. After brief discussion, moved by Reiss /Roalman to approve the RFP (5 -0) and to authorize distribution and advertising of an RFP for promotional services contract for the PCC as amended to extend bid date to Friday, May 17, 1991. C -10 COMMUNITY /SENIOR CENTER CONTRACT AMENDMENTS (File No. 90-33) Council considered an amendment to the Community/Senior Center Agreement with Jay Farbstein & Associates to include a supplemental work plan and a revised timeline for the project. Moved by Pinard /Roalman to amend the Community/Senior Center Study contract (A- 48- 90 -CCN) and the Mayor authorized to execute the amendment for an amount not to exceed $50,000 as recommended. C -11 APPEALS BOARD FOR HANDICAPPED ACCESS (File No. 123) Council considered an appointment to the Appeals Board for Handicapped Access. Moved by Pinard /Roalman to appoint (5 -0) Robert Stevens to the Appeals Board for Handicapped Access for a four -year term ending March 30, 1995. C -12 YELLOW RIBBON FOURTH OF JULY (File No. 802) Council considered supporting the "Yellow Ribbon Fourth of July" activities scheduled for Independence Day. At the request of Mayor Dunin and on general consensus, this item was withdrawn from the agenda. (3 -2, Councilmembers Pinard and Rappa opposed.) 0 51 City Council Minutes Page 4 Tuesday, April 16, 1991 - 7:00 pm. C -13 CALIFORNIA RURAL LEGAL ASSISTANCE ANNIVERSARY (File No. 302) Council considered a resolution congratulating the California Rural Legal Assistance on its twenty-fifth anniversary. Moved by Pinard /Roalman to adopt (5 -0) Resolution No. 6960 congratulating the California Rural Legal Assistance as recommended. C -14 WASTEWATER MANAGEMENT PLAN (File No. 90-65) Council considered awarding a contract for Phase I Collection System Improvements, Wastewater Treatment Plant and Hathway Street. Moved by Pinard/Roalman to approve (5 -0) Contract A- 19 -91-CC and the Mayor authorized to execute and award the contract to Dalton Construction Company in the amount of $3,271,470 for installations of a sewermain between the Wastewater Treatment Plant and Hathway Street (CP# N -5111) as recommended. C -15 ASBESTOS ABATEMENT (File No. 90 -36) Council considered additional asbestos abatement at the Recreation Center. Moved by Pinard /Roalman to ratify (5 -0) CAO approval of an amendment to the contract (A- 95- 90-CC) with REMTECH in the amount of $36,534 for additional asbestos abatement as recommended. COUNCIL LIAISON REPORTS C.L.I. Councilwoman Rauua reviewed her written report and stated that the Parking Management Application for a CalTrans grant is in progress with the BIA. C.L2. Councilwoman Ranua reported on the SB 2557 coalition and their action to transfer $10 million to a high yield interest account. C.L3. Councilwoman Rapna reported on SB 358 (freeway logo program) and was hopeful that San Luis Obispo would be included in the pilot program. BUSINESS ITEMS IA. DESALINATION /NACIMIENTO LAKE (File No. 517) Council considered desalination and Nacimiento Lake as water supply sources. Bill Hetland. Utilities Director, reviewed the agenda report emphasizing the key dates for the desalination decision. He recommended that the short-term desalination project be put on hold for one year and that consultant contracts be terminated at the appropriate point. Mayor Dunin asked for public comment. Don Smith, Vista del Lago, spoke in support of permanent desalination facilities. Gary Kunkel, representing W.A.T.E.R., supported pursuing desalination as a water source. He felt rationing should be phased out. Jim Merkel, supported a growth moratorium over desalination and felt the fuel costs and pollution for operation of the desalination plant were too high. 1 C J City Council Minutes Page 5 Tuesday, April 16, 1991 - 7:00 pm. Moved by Roalmanf Rappa to direct staff (5 -0) to place short-term desalination project on hold for one year and terminate consultant contracts as recommended. Ken Weathers . Water Division Manager, reviewed the City's options regarding lake Nacimiento as a water source. He recommended that the City expediently pursue obtaining water from Nacimiento Reservoir. The initial step is to obtain a formal water entitlement from the County and determine the feasibility of other agencies participating in a joint project. Preliminary design and environmental review would then be contracted for with outside rums. 9:05 p.m. Mayor Dunin declared a recess. 9:20 p.m. City Council reconvened, all Councilmembers present. Mayor Dunin asked for public comment. Don Smith. 1111 Vista del Lago, supported the use of Lake Nacimiento as a water supply and felt it should be actively pursued. Terry Simons. Long Range Planner with Development Services, supported the use of Lake Nacimiento and stated that Development Services could supply the pipeline from Lake Nacimiento to Whale Rock at a cost of $600 per acre foot. Ken Schwartz, supported Alternative No. 2, pumping the water from Lake Nacimiento via Paso Robles and Cuesta Grade. He suggested that any future EIR's for growth inducement be contracted to one person so that the process is not repeated several times. He also felt that the City's General Plan should be updated quickly. Councilwoman Pinard expressed concern for preparing for an emergency situation while working toward a permanent solution. Bill Hetland. Utilities Director, stated that the critical timing in the project is getting the water allocation and the cooperation from the participating agencies. The City would then be in the position to move ahead expeditiously. Councilwoman Rappa stated that the Bureau of Reclamation for The Monterey County Flood Control is looking at increasing the supply out of Nacimiento or San Antonio. She felt it would be beneficial to monitor and comment on this study. Councilman Reiss expressed concern for the short period of time to get a water supply into the City if next winter yields little or no rain. He felt the quickest supply would be desalination. He did not think both programs could be run simultaneously from a financial standpoint Moved by Roalman /Rapp to pursue (5 -0) the Nacimiento Reservoir allocation in an expeditious manner as recommended and determine the feasibility of other agencies participating in a joint project Councilwoman Ranna suggested incorporating the comments into the letter regarding the cooperation from those entities involved. Mayor Dunin suggested that a copy of the letter be sent to all the cities involved. Staff directed to incorporate the additions and send the letter to the Board of Supervisors requesting that initial discussions commence. City Council Minutes Page 6 Tuesday, April 16, 1991 - 7:00 pm. 1B. MANDATORY WATER CONSERVATION (File No. 517) Council considered approving a 15% mandatory water conservation program effective April 1, 1991. Bill Hetland. Utilities Director, reviewed the staff report with the recommendation that Council adopt a resolution implementing a 15% mandatory conservation program with a 35 unit ceiling per billing cycle for single family residential accounts. While the level of mandatory conservation is recommended to be reduced, he also recommended that a more aggressive, long -term approach to water conservation be undertaken. (See Appendix A.) Councilwoman RavRa supported a water etHcfent landscape ordinance. She would like to see the nurseries and homeowners associations made aware of the ordinance. She also suggested using the vacant windows in the downtown for displays to promote water efficient landscaping. Mayor Dunin supported 15% rationing, an emphasis on education, and a zeroscape campaign. He did not agree with per capita allocation. Mayor Dunin asked for public comment. Gary Kunkel. W.A.T.E.R., felt private sources should be allowed to provide water. Brett Cross. 1217 Mariner's Cove, felt a more progressive rate schedule was needed. He supported a marginal cost approach to pricing. Jim Merkel, suggested a competitive demand management program. He felt all homes should be retrofitted. After discussion, moved by Rapna /Dunin to adopt (3 -2, Councilmembers Pinard and Roalman voting no) Resolution No. 6961 implementing 159x' water conservation program effective April 16, 1991 as recommended. On general consensus, staff directed to look at ways to rind another year of water through conservation, retrofitting and other means as feasible. PUBLIC HEARINGS 2. PARKING REVENUE PLAN (Phase I) (File No. 552) Council held a public hearing to consider amending the Municipal Code to raise overnight parking fines, increase core meters 20 cents per hour, increase the penalty for late payment of parking tines, and increase parking structure rates; all increases effective June 1, 1991. John Dunn, City Administrative Officer, briefly reviewed the multi- faceted financial plan to eliminate the parking program's negative cash flow. Keith Oaalewski. Parking Manager, briefly reviewed the history of the parking program and made a comparison with other cities. Mayor Dunin declared the public hearing open. Fred Peterson. 728 Higuera, felt raising the meter rates would not solve the revenue deficit. He thought the a strong customer base should be established before raising the rates. Ted Frankel, 736 Higuera; supported the 90 minute free parking and felt it contributed to a positive image for the downtown. n City Council Minutes Page 7 Tuesday, April 16, 1991 - 7:00 p.m. Chris Hoben. Morro Street merchant, supported the trolley and 90- minute free parking. She felt the parking structures should be promoted. Liz Geisen. 728 Higuera, questioned increasing the business licensing tax. She felt the parking situation created a problem of perception with the downtown. Monte Lukov. Administrator for the Business improvement Association, stated that the BIA currently has an extensive advertising program utilizing new and radio media and will promote the 90- minute free parking. Mayor Dunin dosed the public hearing. Mayor Dunin supported immediate adoption of the 90- minute free parking, but suggested waiting for 3 months for the other fines. After brief discussion, moved by Roalman /Rappa to introduce the following ordinances and resolutions (4- 1, Mayor Dunin voting no): A) Ordinance No. 1193 introduced to print amending Section 10.64.030 (Parking Fines) of the Municipal Code to raise expired meter and overnight fines from $5.00 to $8.00 effective June 1, 1991 as recommended; B) Ordinance No. 1194 introduced to print amending Section 10.052.010 (Parking Meter zone Rates) to increase core meters within the area described in Exhibit E from 30 to 50 cents per hour effective September 1, 1991 as amended; C) Resolution No. 6962 adopted increasing the penalty for late payment of parking fines an additional $10 if unpaid 60 days from date of issuance effective June: 1, 1991 as recommended; D) Resolution No. 6963 adopted increasing parking structure rates to 40 cents per hour with the first 90 minutes free and a maximum of $320 per day effective May 1, 1991 as amended. 3. TENTATIVE MAP - 862 MEINECKE (File No. 410) Council held a public hearing to consider a tentative map for Tract 2059 creating a 5 -unit air -space office condominium at 862 Meinecke Avenue; Arnold Volny, subdivider /owner. Arnold Jonas. Community Development Director, briefly reviewed the staff report with the recommendation that Council adopt a resolution approving the tentative map subject to the findings and conditions. Mayor Dunin declared the public hearing open. Mike Hodges representing the subdivider, spoke in support of the tentative map. Mayor Dunin declared the public hearing closed. Moved by Reiss /Rauaa to adopt (5 -0) Resolution No. 6964 approving tentative map subject to the findings and conditions as recommended. 4. APARTMENT CONVERSION (File No. 423) Council held a public hearing to consider allowing conversion of 9 existing apartments to residential condominium units at 3150 Rockview Place; Y.L. Maksoudian, applicant. Arnold Jonas, Community Development Director, briefly discussed the two major issues concerning the conversion request. The project only has nine units where ten are normally required for a condominium City Council Minutes Page 8 Tuesday, April 16,1991 - 7:00 pxL reconversion and the private open space area for two of the units does not meet some of the minimum width requirements. He recommended approval of the condominium conversion request subject to conditions and findings. These being 1) The provision of one additional parking space or five additional bicycle spaces; 2) Refurbishment to a condition suitable for purchase by others than the present owners including the fire protection requirements; 3) Retrofitting of all units with water conserving fixtures without rebate; and 4) Approval subject to redesign of open space areas for the two units in question to minimize the need to approve an exception to the minimum width requirements. Mayor Dunin declared the public hearing open. John Wallace , representing the applicant, presented several suggestions for the project: 1) He requested that the five additional bicycle spaces be required instead of the one additional parking space; 2) He felt the standard formulas for open space dimensions may not apply to this project and was requesting that an exception is allowed with the discretion of the Community Development Director, and 3) He requested that the retrofitting be mandatory, but was asking for the credits to accrue to the Homeowners Association to help future funding. Mayor Dunin closed the public hearing. After brief discussion, moved by Rappa /Roalman to adopt (5 -0) Resolution No. 6965 allowing the conversion request as amended with added Condition #4, under Section I, for exception to open space. dimension and change Conditions 1 and 2 under Section 3, to .install bike racks and install fire sprinklers in back two buildings. There being no further business to come before the City Council, MavorZunin adjourned the meeting at 1150 pm. to Closed Session to discuss Bolivar v. City of Sa spo. APPROVED BY COUNCIL: S/21/91. ch Condo Assistant City Clerk MINUTES ADJOURNED MEETING OF THE CITY COUNCIL TUESDAY, APRIL 23, 1991 - 7:00 P.M. COUNCIL HEARING ROOM - 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 Administrative Officer. Jeff Jorgensen, City Attorney; Kim Condon, Assistant City Clerk; Arnold Jonas, Community Development Director, Bill Statler, Finance Director, Dave Romero, Public Works Director, Alison Lloyd, Administrative Analyst 1 1