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HomeMy WebLinkAbout08/20/1991, C-1 - MINUTES ,fig oAGM MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MAY 7, 1991 -7:00 P.M. COUNCIL CHAMBERS -CITY HALL-990 PALM STREET Draft Minutes SAN LUIS OBISPO, CALIFORNIA to be approved ROLL CALL at Council Meeting Councilmembers Present: Vice-Mayor Bill Roalman,Councilmembers Peg Pinard,Penny Rappa,Jerry Reiss and Mayor Ron Dunn Absent: None City Staff Present: John Dunn, City Administrative OQloer, Ben Hampian, Assistant Administrative Officer,Jeff Jorgensen,City Attorney; Pam Voges,City Clerk; Bob Neumann,Acting Fire Chief;Jim Gardiner, Police Chief; Dave Romero, Public Works Director, Dave Pierce, Projects Manager; John Moss, Wastewater Division Manager, Carol Hoon, Recording Secretary PUBLIC COMMENT There was no public comment CONSENT AGENDA Moved byRanna/Roahnan to approve the consent calendar as recommended by the City Administrative Officer with the exception of C-3 as noted. C-1 COUNCIL MINUTES Council approved the following minutes as amended (5-0): Tuesday,March 26, 1991 at 330 p.m.,and Wednesday,April 3,1991 at 7:00 pm. C-2 CONTRACT PAY ESTIMATES Council considered contract pay estimates and change orders. Contract pay estimates and change orders approved (5-0) and ordered paid as recommended. C-3 BRIDGE IMPROVEMENT PROJECT- LACUNA GOLF COURSE (File No.91-14) Council considered plans and specifications for "Bridge Improvement Project,Laguna Golf Course at No.2 Tee," City Plan No. P-23Y; estimated to cost$40,000. Councilwoman Pinard expressed concern for replacing the foot bridge with a much larger project She felt that the use of heavy equipment across the bridge was not often enough to warrant the larger project and cost Moved by Rapp/Pinard to continue this item with staff expanding on the two alternatives suggested in the staff report (5-0). City Council Minutes Page 2 Tuesday,May 7, 1991 -7.00 p.m. C-4 RECYCLING/WASTE REDUCTION LEGISLATION (File No.482) Council considered supporting State legislation on recycling and waste reduction. Moved by Rauna/Roalman to adopt Resolution No.6968(5-0) supporting AB 750 which expands the California Beverage Container Recycling Act (AB2020) to include wine and liquor bottles; and 2) adopt Resolution No. 6969 supporting AB 1423 and SB 235 which require producers of packaging containers to utilize specified minimum levels of recycled material in the manufacture of their products. C-5 HOUSEHOLD HAZARDOUS WASTE FUNDS (File No.706) Council considered retaining monies allocated to the City by the California Integrated Waste Management Board in the amount of$8,939. Moved by Rapna/Roalman to approve (5-0) monies being returned to the City of San Luis Obispo in the amount of $8939 to remain in a fund managed by the San Luis Obispo Area Coordinating Council as recommended. C-6 SURPLUS CITY PROPERTY (File No. 165) Council considered declaring Public Works equipment and material listed in Exhibit A as surplus. Moved by Ranna/Roalman to adopt Resolution No.6970(5-0)declaring property listed in Exhibit A as surplus as recommended. C-7 DOWNTOWN REFUSE CONTAINER PLACEMENT (File No. 142) Council considered giving final passage to an ordinance amending the Municipal Code regarding hours of placement of garbage containers on public right-of-way in the Business Improvement Area (continued from 4/3/91). Moved by Rapp/Roalman to give final passage to Ordinance No.1192 (5-0)regarding the placement and pick- up of garbage containers as recommended. C-8 CONSENT TO COMMON USE- PG&E (File No.501) Council considered approving an agreement(Consent to Common Use)with Pacific Gas and Electric Company to maintain a 16-inch Water Main within PG&E's right-of-way. Moved by Rama/Roalman to adopt Resolution No.6971 (5-0) approving Agreement#A-25-91-CC with PG&E as recommended. C-9 FINAL MAP APPROVAL-TRACT 2044 (File No.410) Council considered giving final map approval for Tract 2044,an 8-unit commercial airspace condominium at 225 Prado Road; Prado Corporate Center,subdividers. Moved by Rappa/Roalman to adopt Resolution No. 6972 (5-0) approving the final map for Tract 2044 as recommended. C-10 FINAL MAP APPROVAL-TRACT 2017 (File No.410) Council considered giving final map approval for Tract 2117,a planned unit development condominium at 570 Dana Street;,lames and Mary Duenow,subdividers. City Council Minutes Page 3 Tuesday,May 7, 1991 -7:00 pan. Moved by Raooa/Roalman to adopt Resolution No. 6973 (5-0) approving the final map for Tract 2017 as recommended. ADVISORY BODY APPOINTMENTS A-1 CITIZENS ADVISORY COMMITTEE APPOfNTME (File No. 123) Council considered two appointments to the Citizen's Advisory Committee. This item was continued to date certain May 21, 1991 for additional staff report. A-2 PERSONNEL BOARD Council considered an appointment to the Personnel Board to Ml an unexpired term ending 3/31/92. Moved by Rauua/Pinard to appoint Linda Barra to fill an unexpired term on the Personnel Board expiring 3/31/92 (5-0). COUNCIL LIAISON REPORTS C.L.1. Councilwoman Rappg reported on the Solid Waste Task Force tipping fee increase of$2.00. C.L.2: Councilwoman Rama reported that tomorrow is the last meeting of the Coalition Task Force. She emphasized the importance of cooperating with the other entities to find cost effective ways to finance programs. PUBLIC HEARINGS 1. BIKEWAY IMPROVEMENTS (File No.462) Council held a public hearing to consider approving the installation of a bike path on California Blvd.,and bike lanes on California Blvd.,Grand Avenue and Foothill Blvd.,granting the project a negative declaration subject to mitigation measures to permit night parking on portions of California Blvd.and Grand Ave,and directing staff to proceed with desired improvements. Dave Romero. Public Works Director,gave an extensive background of the Bikeway Improvement Program. He is currently working under the Bicycle Facilities Plan adopted in May 1985. The plan uses II-B bicycle lanes which are the safest for the rider. Progress has been slow because the plan requires street widening or the removal of street parking. Council adopted a work program that called for the creation of a continuous network of bikeways throughout the City to encourage bike use as an alternative to the automobile. A committee of bicycle advocates and City staff was recommending that class II-B bike lanes should be developed on six arterial streets on commuter routes leading to Cal Poly. The City currently has approximately 18 miles of Type B bike lanes. Staff resolved to bring the matter forward in two phases. Phase I involves California Blvd,Foothill Blvd,and Grand Ave. He recommended approval of the installation of a bike path on California Blvd, and bike lanes on California Blvd, Grand Ave,and Foothill Blvd, granting the project a negative declaration subject to mitigation measures A and B,which would permit night parking on portions of California Blvd.and Grand Ave,and directing staff to proceed with the desired improvements. Mayor Dunin declared the public hearing open. Ann Cook,168 Cuesta,felt traffic was heaviest in the mornings and evenings. She was opposed to removal of street parking and expressed concern for children walking to school on the street Kim Maa student representative on Cal Poly's Public Safety committee, was in support of safe biking. She felt the advantages of reduced trafTrc and air pollution outweighed the disadvantage of less parking and G-1-3 City Council Minutes Page 4 Tuesday,May 79 1991 -7:00 p.m. supported the staff recommendation. Jim Merkel.392 Pismo,felt the City needed a safe place for bicyclists to ride. He did not support night closure of the bike lane. He felt a citizen's committee was needed to assess the bikeway program. Julie Millsap.was in support of the staff report and felt a part-time bikeway project manager was needed. She encouraged application for funding from Proposition 116. David Morrow. Planner for Air Control District,felt bikeways were the cheapest way to control air pollution. Myles O'Kelly.8615 Los Osos Valley Road,felt more signage was necessary to denote where bike lanes begin and end and at dangerous intersections. He felt there was sufficient space on Foothill to accommodate parking and the bike lane. Clarita Skein.8615 Los Osos Valley Road,was in support of a completely separate bike path system. Paul Allen,supported the staff proposal. Steven Jefferson,642 California Blvd.,felt there was adequate spacefor both parking and the bike lane. He could not support eliminating parking which would hinder his business. Tom Welliver.424 Foothill,felt the speed limit should be reduced on Foothill. He stated this would only reduce trip time by approximately 40 seconds. Valerie Hughes.713 Grand,opposed the bike lane on Grand. She felt It was dangerous for residents to have to park a few blocks away at night. Emily Cletsoway, 1520 Frederick,felt there was no need to eliminate the parking. Christie Strone. 713 Grand, felt bicycle use in the city was low because of the good bus system. She felt the needs of the residents were important. Stephanie Mill. 696 Foothill, manager for Zeta Tau Sorority House, was concerned for maintaining good relations with their neighbors. If parking is removed, the sorority members will have to park in front of neighboring homes. Beth Tompkins. 1239 Foothill,was opposed to removal of the parking. Kim Fischell. 1239 Foothill, felt there was an existing problem with parking on Foothill and was opposed to removal of parking in the Foothill area Tom 258 California,was opposed to the removal of parking on California Boulevard. Luther Protrondo,267 Foothill,was opposed to removal of parking on Foothill and felt the speed limit should be reduced on Foothill. Carl Lease.258 California,felt bicycling was inherently dangerous and an extra two feet of roadway would not help the riders. He felt eliminating the parking would not eliminate the cars and they would only have to park elsewhere. Katherine Brewer,1540 Marsh,supported decreased automobile use. She felt the area at the end of California Boulevard was unique in that there have been four recent commercial conversions. Adequate parking does not currently exist and removal of all parking would make matters worse. Mr. McNamara 390 Higuera,was opposed to the loss of parking. City Council Minutes Page 5 Tuesday, May 7, 1991-7.00 p.m. Pat Wenkle.1450 Marsh,understood the need for bicycle safety,but was also concerned about the safety of the residents. Neighboring business employees are already parking in front of his house. Gary Peterson.360 N.Tassajara,felt riding between traffic and parked can was the most dangerous situation. He felt this was an appropriate beginning to creating a safe environment for cyclists. Richie Ray Walker,28 La Entrada,was against parking removal. Joanne Ishi.244 Foothill,was opposed to the removal of parking. Harrison Carpenter.248 Foothill,was opposed. Ron Shear. 238 Foothill,was opposed to the removal of parking. He felt there was maximum usage of all parking spaces on the weekend. He felt the problems on Foothill were with the amount of traffic, not the bicycles. Jessie Ray. property owner on Foothill, felt the speed of the traffic on Foothill was a problem and that the removal of parking would not make it safer for bicyclists. Georgie Moyer.property owner on Foothill,was opposed to removing parking and as a property owner felt he was paying lases to use the roads. Sheila Baker.249 Longview,supported the bikeway proposal and stated that bicyclists are consumers and are spending money in San Luis Obispo. Wes Anderson.259 Foothill,felt there was enough room for parking and bicyclists. Ally TraDD.was opposed to removal of parking. She felt education,better signage,and improved busing would help to eliminate traffic. Diane Blakesly.business owner on California Blvd.,felt that to encourage business,parking must be available. She felt more problems would exist for people crossing traffic on foot if parking were removed. Susan Polk Serrano Drive,and property owner at 341 Foothill and business owner at 550 Foothill,felt there was not adequate parking for visitors of her tenants. She was opposed to removal of parking. Essie Malone. 1500 Marsh,felt removal of parking would have a negative impact on businesses. Becky Lewis. 572 Foothill, did not experience difficulty riding her bicycle on Foothill. She was opposed to removal of parking. John Peteramthought it was important to promote alternatives to driving. Myron Grahamwas opposed to removal of parking. He opposed the parking of automobiles in front yards. Joan Petersonproperty owner on Grand Ave.,expressed that all of her tenants were opposed to the removal of parking. Valerie Endres,790 Islay,encouraged cycling,but not at the expense of neighborhoods. Ann Brown property owner on Foothill and Rosita,felt tenants should be able to park in a safe place. She was concerned with the speed limit on Foothill. Mike DoPert.Slack Street,supported the staff recommendation and urged cooperation with Cal Poly. City Council Minutes Page 6 Tuesday,May 7, 1991 -7:00 p.m. Loren Frank.2250 Sing,supported the bike program and felt it was important to develop a coordinated system of bike paths. Eric Weir,2250 Sing,encouraged Council to take steps to promote safe bicycling. Dave Padgett 107 Foothill,felt there would be more stress on the arterial system if parking were eliminated. He supported increased signage and decreasing the speed limit. Fitz Besco.860 Osos,stated he rode his bicycle almost daily and also worked as a driver for a courier service. He felt it was not necessary to eliminate parking. Naoma Wright.400 Foothill,was opposed to parking removal. Matthew Caligarv. 1824 Hayes,supported the bike program. Evelyn Delmartini,1720 Santa Ynez,felt that with only an 18%bicycling population,82%of the residents would be inconvenienced. She supported better signage and bus ridership. James Tramnion, 137 Foothill,felt it would be hazardous to park and cross Foothill. He was opposed to the removal of parking, but supported a reduced speed limit on Foothill. Richard Rossi.285 Foothill,questioned the outcome of traffic speed if parking were removed. William Shands. 1122 ,felt the rights of bicyclists were not more important than the rights of residents. Tim Farrell.522 Kentucky,spoke in support of the bikeway improvements. 930 p.m. Mayor Dunin declared a recess. 9:45 p.m, City Council reconvened, all Councilmembers present. Mayor Dunin closed the public hearing. Councilman Reiss was concerned with the public's references to the speed limit on Foothill Boulevard and the signage for bicyclists. He did not have a solution which he thought would be satisfactory to the majority of the people- Councilwoman Rappa expressed her reaffirmation of support for the bike plan over the past live years. She stated that Proposition 116 monies are available and felt the council needed to be assertive to take advantage of it. She felt it was time to make it clear where bikes belong and saw the integrated bikeway program as a solution. Councilman Roalman supported the bike plan and as a bicyclist felt a safe system was needed. He felt other alternatives to fossil fuel were warranted. He viewed the bike network as an essential part of an integrated plan including the trolley and bus system for alternative modes of transportation. He thought a safe,integrated bike system was in the best interest to the community. He saw this decision as the opportunity to either move ahead with the bikeway program or lose it. Mayor Dunin felt this proposal was an engineer's approach to the problem. He expressed concern for the speed on Foothill Boulevard and safety education to all users of the roadway. He did not support the staff recommendations as submitted. He suggested a committee be formed with a specific structure of people who understand circulation,pollution and would view alternate modes of transportation. The committee would be charged with making recommendations to resolve the issue of providing safe bicycle routes without negatively impacting neighborhoods. —co City Council Minutes Page 7 Tuesday,May 7, 1991 -7:00 p.m. Moved by Dunin/Reiss to reject the stats recommendation at this time (3-2, Councilmembers Ragpa and Roalman voting no). Motion made by Dunin/Pinard to instruct the City Administrator to form a technical committee to address the resolution of the future of bicycle use in the City, incorporating Council comments. Councilman Reiss stated he had heard some criticism of other committees the CAO had formed and did not think the CAO should be making the appointments. Councilwoman Pinard.who seconded the motion,withdrew the referral to the CAO. The maker of the motion concurred. Councilman Roalman stated the City already had a review committee that worked with staff and dratted a plan and did not see the need for another. Mayor Dania did not think the previous committee was qualified to see the overall picture and suggested the new committee would be more representative of all views. Councilwoman Ranna reminded the Council that there was an adopted Bikeways Plan. Perhaps the correct approach,if the Council did not like the current adopted plan,would be to bring it back for amendment. Previous motion called. Motion by Dunin/Pinard to form a technical committee to address future bike use in the City carried (3-2, Councilmembers Reiss and Roalman voting no). Upon question,Councilman Reiss was asked why he voted no. He stated that if the group is going to look at the plan and maybe redo it,then he probably could have supported it,but that wasn't clear. It may be that we really need to start with a basic plan. 1030 p.m. Mayor Dunin declared a recess. 10:40 p.m. City Council reconvened, Councilwoman Pinard arriving at 1050 p.m. Atter brief discussion, moved by Roalman/Rapua to direct staff to proceed with the bikeway along the Palm trees on the west side of California Blvd. between Foothill and Hathway and to bring back analysis of the options for one or two way bike traffic on that section and to bring back further analysis of the continuance of the bike lane north of Foothill for the meeting of July 16, 1991. Motion carried unanimously. 2. GENERAL PLAN AMENDMENT. REZONING AND ANNEXATION (File No. 462) Council held a public hearing to consider a General Plan Amendment/Rezoning to change the land use designation of the site at 980 Industrial Way from rural industrial to service commercial/light industrial and rezoning the property"M",manufacturing,in conjunction with the annexation of a 33 acre site located at the northwest corner of Sacramento Drive and Industrial Way, City of San Luis Obispo,applicant. Ren Hamaian.Assistant Administrative Officer,stated that the Telegram Tribune had requested continuance of this item to date certain,June 4, 1991 pending the final determinations by their structural engineer. Moved by Pinard/Reiss to continue this item to date certain,June 4, 1991 (5-0). Moved by Rappaf Reiss to direct staff to return on May 21, 1991 with the resolution amending the annexation policies as set forth (4-1, Councilwoman Pinard voting no). �� 7 City Council Minutes Page 8 Tuesday,May 7, 1991 -7.00 p.m. BUSINESS ITEMS 3. WASTEWATER MANAGEMENT PLAN IMPLEMENTATION (File No.9047) Council considered the Wastewater Management Plan Implementation, Unit 3 Wastewater Treatment Plant Improvements Project-City Plan No. R-28S,State Revolving Fund (SRF) Loan No.C-0564031-130,award of construction contract John Moss.Wastewater Division Manager,reviewed the history of the project and recommended awarding the contract for construction of the Unit 3 Wastewater Treatment Plant Improvements to the second low bidder, Kaweah Construction in the amount of$13,091,807,and reject the low bidder,as non-responsive. Todd Mirolhi. representing Alder Construction and Engineering, discussed his client's conformance to the requirements of the SWRCB's for positive efforts in soliciting MBE/WBE businesses. (See file for written correspondence). Albert Perrini.President,Kaweah Construction,felt Alder Construction did not follow the rules for completing the bid forms and supported the recommendation to award the bid to Kaweah Construction. Cindy Clemens.Assistant City Attorney,cited the problems with Alder's bid and recommended awarding the contract to the second low bidder, Kaweah Construction. She felt the State may place the low interest loan funds to be used for this project in jeopardy if Alder's bid was accepted, due to their failure to fully comply with the requirements of the CWG bulletin no. 113-A and Public Contracts Code Section 4104. Councilman Roalman stated that as he was not an attorney,he would have to trust the staff recommendation and supported awarding the contract to Kaweah Construction. Moved by Roalman/Dunin to adopt Resolution No.6974(5-0)awarding Contract A-124-90-CC for construction of the Unit 3 Wastewater Treatment Plant Improvements to the second low bidder, Kaweah Construction, in the amount of$13,091,807,and reject the bid of Alder Construction as non-responsive as recommended. Award to be made contingent upon receipt of approve to award(ATA) from the State Water Resources Control Board (SWRCB) Division of Loans and Grants. 4. PARKING STRUCTURE REPAIR PROJECT (File No.91-10) Council considered plans and specifications for crack repair for the Palm Street and Marsh Street parking structures; estimated to cost$42,000 (continued from 3/19/91). Moved by Reiss/Rappa to continue this item to date certain,May 21, 1991. S. EXCHANGE OF PROPERTY (File No. 168) Council considered an exchange of property between the City of San Luis Obispo Laguna Lake municipal Golf Course, 11175 Los Osos Valley Road) and Laguna Lake Mobile Estates (1801 Prefumo Canyon Road). Sue Loftin,representing California Park Properties,Inc.,voiced her consent to a one time continuance of this item to date certain,June 4, 1991. Moved by Ranna/Reiss to continue this item to date certain,June 4, 1991. 6. SIDEWALK IMPROVEMENT PROJECT (File No.91-04) Council considered plans and specifications for"Sidewalk Improvement Project Santa Barbara Street-Church Street to Morro Street," City Plan No. R-40B; estimated to cost $15,010.60 for original project; $15,620 for alternate project (continued from 9/19/90 and 4/3/91). City Council Minutes Page 9 Tuesday,May 7, 1991 -7:00 p.m. Dae to the lateness of the hour,moved by Reiss/Rappg to continue this item to date certain,Tuesday,May 21, 1991. There being no further business to come before the City Council,Mayor Danin adjourned the meeting at 12:10 a.m. to closed session regarding the Mission Plaza Expansion. APPROVED BY COUNCIL: ch Pam Voges, City Clerk By: Carol Hoon, Recording Secretary �-I - 9 MEff DATE®ate# C- MINUTES REGULAR MEETING OF THE CITY COUNCIL Draft Minutes CITY OF SAN LUIS OBISPO to be approved TUESDAY,JULY 2, 1991 -7:00 P.M. COUNCIL CHAMBERS -CITY HALL-990 PALM STREET af. � s®tiR§ SAN LUIS OBISPO, CALIFORNIA S ROLL CALL Councilmembers Present: Vice-Mayor Bill Roalman,Councilmembeis Penny Rappa,Jerry Reiss and Mayor Ron Dann Absent Councilwoman Peg Pinard City Staff Present: John Dunn,City Administrative Officer;Ken Hampian,Assistant City Administrative Officer; Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas, Community Development Director,Bob Neumann,Fire Chief;Ann McPike,Personnel Director, Jim Gardiner, Police Chief; Dave Romero, Public Works Director, Jim Stockton, Recreation Director, Bill Hetiand, Utilities Director, Alison Lloyd, Administrative Analyst;Lynn Block,BIA Administrator PUBLIC COMMENT No public comment was received. CONSENT AGENDA Moved by Reiss/Rappa, the Consent Agenda was unanimously approved as recommended by. the City Administrative Officer with the exception of C-9 as noted (4-0-1, Councilwoman Pinard absent). C-1 COUNCIL MINUTES Moved by Reiss/Ranna(4-0-1,Councilwoman Pinard absent),the following minutes were approved as amended: Wednesday,May 29, 1991 at 12:00 Noon; and Monday,June 3, 1991 at 12:00 Noon C-2 CONTRACT PAY ESTIMATES Moved by Reiss/Rama (44)-1, Councilwoman Pinard absent), contract pay estimates and change orders approved and ordered paid as recommended. C-3 SEWER USE ORDINANCE (File No.526) Moved by Reiss/Rauna.Ordinance No.1195(4-0-1,Councilwoman Pinard absent)given final passage amending the City Sewer Use Ordinance in order to meet the requirements of the National Pretreatment Program as recommended (continued from 6/18/91). C4 SALARY ADJUSTMENTS FOR APPOINTED OFFICIALS (File No.622) Moved by Reiss/Rap iia (4-0-1, Councilwoman Pinard absent), Resolution Nos. 6993. 6994. and 6995 were adopted adjusting annual salaries for the City Administrative Officer,City Attorney and City Clerk respectively as recommended. �_� _/o City Council Minutes Page 2 Tuesday,July 2, 1991 -7:00 p.m. C-S EOC HOMELESS SHELTER AGREEMENT (File No. 1011) Moved by Reiss/Ra ppa to authorize the Mayor to execute Agreement No. A-87-91-CC (4-0-1,Councilwoman Pinard absent) with the Economic Opportunity Commission in the amount of$120,000 for Homeless Services during 1991-92 as recommended. C-6 BIA ADMINISTRATOR CONTRACT (File No.471) Moved by Reiss/Rat) Resolution No. 69% (4-0-1,Councilwoman Pinard absent) was adopted approving Aeement No.A-88-91-CC as contract of employment between the City of San Luis Obispo and Lynn Block, BIA Administrator,for the period of July 3,1991 through July 3,1992 as recommended. C-7 INFORMATION SYSTEMS POLICY(File No. 108) Moved by Reiss/Ranna. Resolution No. 6997 (4-0-1, Councilwoman Pinard absent) was adopted approving policies guiding the acquisition,use and management of the City's Information Systems over the next four years as recommended. C-8 SEWER MAIN PROJECT(File No. P-59R) Council considered plans and specifications for "Sewer Main Reconstruction Project: laurel - Orcutt Easement,' City Plan No.P-59R,estimated to cost$41,000 including contingencies. Moved by Reiss/Rappa (4-0-1, Councilwoman Pinard absent), to 1) approve plans and specifications 2 authorize stag to advertise for bids, and 3) authorize the City Administrative Officer to award a contract if lowest responsible bid is within engineer's estimate as recommended. CA ECONOMIC CONSULTING SERVICES AGREEMENT (File No.461) Consideration of an agreement for General Plan update economic consulting services. Moved by Reiss/Rappg, to authorize the Mayor to execute Aifeement No. A-89-91-CC (3-1-1, Councilman Roalman voting no,Councilwoman Pinard absent)with Mundie and Associates for economic information for the Land Use Element update with a cost not to exceed $40,000. PUBLIC HEARINGS 1. APPEAL- 1023 MARSH STREET (File No.407) Council held a public hearing to consider an appeal by Joe Ramirez of a decision by the Architectural Review Commission to deny changes to approve plans for a caiwash remodel at 1023 Marsh Street (Sunset North Carwash). (Continued from 6/18/91.) Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution in the packet to deny the appeal and uphold the commission's action as recommended. Mayor Dunin declared the public hearing open. Joe Ramirez.applicant and appellant,spoke in support of his appeal and expressed concerns about Conditions #4 and#6. Dave Garth.representing the Chamber of Commerce, spoke In opposition to the appeal. Melinda Bradford=representing the Architectural Review Commission,reviewed the commission's concerns. City Council Minutes Page 3 Tuesday,July 2,1991 -7:00 p.m. Mayor Dunin declared the public hearing closed. A@er brief discussion, moved by Roalman/Reiss to adopt Resolution No. 6998 (3-1-1, Councilwoman Rapp voting no, Councilwoman Pinard absent) to deny the appeal and uphold the commission's actions with amendments to Conditions #4,#6 and#7 relative to building facias,equipment enclosure,and a pedestrian walkway. ��- BUSINESS ITEMS 2. FOURTH OF JULY PARADE (File No.832) Council considered a resolution which would support a Fourth of July Independence Day Parade (continued from 4/16/91). Mayor Dunin reviewed the report stating that the Business Improvement Association (BIA) had taken action to sponsor the Fourth of July Independence Day Parade with the theme °SLO Salutes the Guardians of Our Independence'and is a special welcome home to the veterans of Desert Storm and their families. There was a resolution in the Council's packet to that effect and he urged the Council to adopt iL Councilman Roalman stated that he could support it with a couple of additional whereas's. He submitted a copy of the revised language and made a motion to adopt the resolution including the two whereas's he had recommended. Motion failed for lack of a second. After additional discussion, moved by Dunin/Reiss. Resolution No.6999 (3-1-1,Councilman Roalman voting no,Councilwoman Pinard absent) was adopted to support the Fourth of July Parade as submitted. Mayor Dunin asked for public comment Hank Albertsrepresenting the American Civil Liberties Union (ACLU), felt that the parade as currently approved violated both the 1st and 14th Amendments. He urged the Council to deny the parade application unless the other entries,which had previously been denied,were allowed to participate. Alan Martinrepresenting the Business Improvement Association,read a prepared statement into the record urging Council support of the parade. Randy Davies.1534 Osos Street,urged the Council to allow all entries into the parade. Marion Wolff.3128 Spring Court,also supported the inclusion of all applicants. Richard Kranzdorf.160 Graves Avenue,supported all participants. Deanna Constable. P.O. Box 1004 in San Luis Obispo, opposed the denial of any applicants as a matter of freedom of speech. Ciaridy Skeem. P.O. Box 5204,spoke in support of all applicants. Christina Perralta spoke in support of allowing all entries. Richard Stevens. 1114 Garden Street and a Vietnam veteran,spoke in support of the parade and was upset about comments recently provided by the print media by one of the sponsors of the parade. He also supported including all parade applicants. Richie Ray Walker spoke in support of the parade. Pat Vis erL 1570 Hansen Lane,one of the entrants who had been denied,also urged the inclusion of all entries. e-12, City Council Minutes Page 4 Tuesday,July 2, 1991 -7:00 p m. Betty Shetzer urged that everyone be allowed to participate. Glen White was opposed to the and-war activists being allowed in the parade. Brad Goans.P.O.Box 13035 in San Luis Obispo,a veteran,was concerned about not being able to participate in the parade and felt that all entrants should be allowed. Diane Blakesly urged that all participants be included. Alan Martina member of the BIA, again clarified the BIA's involvement with the parade versus the picnic being held on the same date and that their involvement was limited to the parade. Randy Miosa stated he did not support war and was upset that the BIA did not include all entries. Dennis Johnston.4051 Broad Street,also supported the inclusion of all entries. Mrs.Kenneth Wright.400 Foothill Boulevard,expressed concern about a sign that had been paraded by a Mr. Champ Massey. Steve Shumins also urged the Council to allow all entries. Richard KWsa felt he'd been denied his constitutional rights as a rejected entrant. Pete Evans.2040 Rachel Street,spoke in support of allowing all people in the parade. Dan Krieger.662 Islay,supported all participants. Liz Krieger spoke of freedom rights. Kay Franklin.261 Margarita#21,agreed that all people should be included. Lynn Cooner spoke in support of the BIA's efforts to sponsor the parade and what they were trying to do. Steve Owens.SLO businessman, spoke in support of the BIA. Sam Rafael supported all groups being allowed to participate. Larry Mee 1309 San Marcos Court,spoke in support of the BIA's position. Desmond Kearn, 1700 Osos Street,felt everyone should be allowed to participate. Wally Stalen urged Council to rescind the permit. Randy Davis thanked Bill Roalman for his support Dick Kreisa again spoke to his 1st Amendment rights. Richard Stevens spoke in support of all entries. Ray Lovas urged that people work together to welcome the troops home. Mike Snaneler.former member of the BIA,suggested that the groups get together and compromise. Mayor Dunin closed the public comment City Council Minutes Page 5 Tuesday,July 2, 1991 -7:00 p.m. After discussion, moved by Roalman/Reiss to direct the BIA to allow all groups which applied to be in the parade to be able to participate. Motion carried (4-0.1, Councilwoman Pinard absent). 9.30 p.m. Mayor Dunin declared a recess. 9:45 pm City Council reconvened; all Councilmembers present. 3. EXCHANGE OF PROPERTY (File No. 168) Council considered an exchange of property between the City of San Luis Obispo(Laguna Lake Municipal Golf Course, 11175 Los Osos Valley Road) and Laguna Lake Mobile Estates (1801 Perfumo Canyon Road). (Continued from 5/7/91 and 6/4/91.) Arnold Jonas.Community Development Director,briefly reviewed the agenda report with the recommendation that Council adopt a resolution of intention to exchange land based on findings and subject to the conditions as indicated in the report. Mayor Dunin stepped down due to a possible conflict of interest. Vice Mayor Roalman presiding. Dave Romero clarified for the record that he did own property in the Laguna Lake Mobilehome Park. Councilman Roalman asked for public comment. Ren Dezinsa. representing the park owners,spoke in support of their request. Harry Davis.1004 Kerry Drive and a Laguna Lake Mobile Estates owner,requested that any necessary repairs to the creek be paid by the owners and not passed on to the tenants in any way. Lloyd Dietrich.1837 Garnette Drive and also an owner in the mobilehome park,expressed concerns about the exchange- Betty Henson.1860 Thelma Drive and a property owner in the park,urged against the request. Bill Henson expressed concern about the children's playground area which had become dilapidated; he felt that this was something that should have been corrected a long time ago. Dave Romero stated that upkeep of the playground was a requirement in the original permit and that the area could be brought up to code standards prior to accepting the easement. Councilman Reiss expressed concern about erosion along the creek and felt that this maintenance problem would be ongoing. He could not support the request as currently proposed. After discussion, moved by Roalman/Rappa to continue this item to the next available meeting that would enable a full complement of the Council. Staff directed to look into alternatives to provide bringing the playground into an upgraded state and also to provide sufficient fire protection. Motion carried unanimously (3-0-2,Mayor Dunin and Councilwoman Pinard absent). Mayor Dunin returned to the dias. 4. BROAD STREET ANNEXATION ELR SERVICES (File Na 441) Council considered the approval of a consultant services agreement for the Broad Street Annexation Environmental Impact Report. City Council Minutes Page 6 Tuesday,July 2, 1991 -7:00 p.m. Arnold Jonas.Community Development Director,briefly reviewed the agenda report with the recommendation that Council approve and authorize the City Administrative Officer to execute a contract with John L.Wallace and Associates in the amount of$21,920 for preparation of the Broad Street Annexation EIR, and authorize the Finance Director to transfer funds. No public comment was offered. After brief discussion, moved by Raona/Reiss to approve Agreement No. A-90-91-CA (3-1-1, Councilman Roalman voting no,Councilwoman Pinard absent) authorizing the CAO to execute as recommended. S. CITY/CAL POLY HOUSING STUDY (File No.425) Council considered a joint City/Cal Poly Student Housing Preference Study(continued from 6/18/91). Arnold Jonas,Community Development Director,briefly reviewed the agenda report with the recommendation that Council 1)ratify selection of MPC and Associates as the consultant for the desired study,and 2)authorize the Mayor to execute a contract with the consultant and Cal Poly at a cost not to exceed$74,000 to be shared equally by the City and Cal Poly. Mayor Dunin asked for public comment. Brett Cross. 1217 Mariner's Cove,felt that the agreement was too expensive and urged against it. Councilman Roalman was also concerned that the study would not really do what we were asking for. After brief discussion, moved by Ranua/Reiss to approve Agreement No. A-91-91-CC (3-1-1, Councilman Roalman voting no,Councilwoman Pinard absent) as recommended. 6. 1291-93 PROMOTIONAL PROGRAM (File No.IOS1) Council considered recommendations from the Promotional Coordinating Committee(PCC)regarding the 1991- 93 Promotional Program. Alison Lloyd. Administrative Analyst, reviewed the agenda report with the recommendation that Council 1) consider appropriate funding levels for the City's contracts, and 2) authorize the Mayor to execute two-year contracts with the Chamber of Commerce and the San Luis County Visitor's and Conference Bureau for promotional services as recommended in the staff report. Mayor Dunin asked for public comment. Dan Piittawav,representing the PCC,spoke in support of their recommendations. Dave Garth stated he was available for questions. Joni Eilar.on behalf of the Visitor's and Conference Bureau,spoke in support Jan Lynch. representing the Hotel/Motel Association,spoke in support. Mitchell Hirschman,with Quality Suites,spoke in support of the request. Ann Denshaw,co-owner of the Adobe,spoke in support. After discussion, moved by Roalman/Rauoa to adopt the recommendation by the Promotional Coordinating Committee for the individual contracts with the Chamber of Commerce and the Tourist Water Awareness Program of$5,800 as proposed by staff. Motion carried (4.0-1, Councilwoman Pinard absent). C-1-16 City Council Minutes Page 7 Tuesday,July 2, 1991 -7:00 pm Moved by Roalman to approve the Chamber of Commerce and Visitor's and Conference Bureau contracts as previously budgeted under the 1991-92 budget requests. Motion failed for lack of a second. Moved by Rama/Reiss to approve the Chamber of Commerce's request for visitors services and promotion as recommended by the PCG Motion carried (3.1-1,Councilman Roalman voting no, Councilwoman Pinard absent). 1135 pm Mayor Dunin adjourned the meeting to closed session to discuss possible litigation. 12:10 am There being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Monday,July 8, 1991 at 830 am. APPROVED: PV;jb Pam Voges,City Clerk