HomeMy WebLinkAbout11/19/1991, C-1 - MINUTES DRAFT ' _9t Ani D 1_
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, SEPTEMBER 17, 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 Staff
Present: John Dunn,City Administrative Officer,Ken Hampian,Assistant City Administrative
Officer,Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Wayne Peterson, City
Engineer, Arnold Jonas, Community Development Director; Bill Statler, Finance
Director,Dave Romero,Public Works Director,Tom Baasch,Chief Building Inspector;
PUBLIC COMMENT_ WwW �--�---------
P.C.I. Kathy Cleeves. 67- Higuera,spoke of her concerns about loss of business and lack of notification as a
result of a City construction project at the intersection of Higuera and Nipomo Streets.
P.C1. Brad Goans.P.O.Box 13035,San Luis Obispo,reported on the International War Crimes Tribunal held
on September 14, 1991.
P.C3. Tad Hillier,1022 Morro,read a letter into the record expressing frustration at the lack of notification
relative to downtown projects.
P.C.4. Gary Felsman.2234 Santa Ynez,urged against the rezoning of the Frontier Motel to allow a fraternity
or sorority as he felt it was inconsistent with the character of the neighborhood.
P.C.S. Mike diMilo.781-1/2 Peach,encouraged better scheduling of street maintenance projects.
P.C.6. Lynn Block,BIA Administrator,encouraged better communication of street projects impacting downtown
merchants.
P.C.7. John Kellerman. Jr.. 1180 Madonna Road, also expressed opposition to the rezoning to allow a
fraternity/sorority on Henderson Street.
P.C.S. Dick Cleeves. 670 Higuera Street, expressed concern about lack of notification concerning street
construction projects.
Upon general consensus, Mayor Dunin to execute a letter requesting the utility companies notify the City as
far in advance as possible regarding construction scheduling projects.
A.I. BENCH DONATION
Councilwoman Pinard requested the Council accept a bench donation to be placed in front of Copeland's in
the downtown area. Upon general consensus, Council supported the request.
City Council Meeting Page 2
Tuesday,September 17, 1991
CONSENT AGENDA
Moved by Ranoa/Dunin (5-0),to add Item 6 as Consent Agenda Item C-8 which was a tent permit application
by the Chamber of Commerce for the SLO Expo Event at the Mission Plaza.
Moved by Rapp/Roalman (5-0), to add Item 8 to the agenda concerning downtown properties. Council
considered the economic impact to the downtown and surrounding community of the change of use from Vons
to Payless on the sale of the French Pavilion.
Moved by Ranoa/Roalman, the Consent Agenda was unanimously approved as recommended by the City
Administrative Officer with the exception of C-3, C-5,and C-8 as indicated.
C-1 COUNCIL MINUTES
Moved by RaIlpa/Roalman (5-0), the following minutes were approved as amended:
Tuesday, May 21, 1991 at 7:00 P.M.,
Tuesday,June 4, 1991 at 7.00 P.M, and
Tuesday,June 11,1991 at 7:00 P.M
C-2 TRAFFIC SIGNAL INSTALLATION
Moved by Rappa/Roalman(5-0),awarded Contract A-97-91-CC in the amount of$94,675 to Lee Wilson Electric
of Arroyo Grande for Traffic Signal Installation at Los Osos Valley Road and Descanso, as recommended.
C-3 STREET ABANDONMENT
Council considered request to abandon portions of Mutsuhito and Frederick Avenues between Victoria Avenue
and the former Pacific Coast Railroad right-of-way. Councilwoman Pinard requested that this item be
continued for additional discussion.
Moved by Rappa/Reiss (5-0),to continue this item without discussion to date certain Tuesday,October 1,1991.
C4 COUNTY DEVELOPMENT FEES
Moved by RaDva/Roalman (5-0),approved and authorized the Mayor to execute a letter to the San Luis Obispo
County Board of Supervisors concerning the city's opposition to proposed countywide development fees as
recommended.
C-5 FREE TRANSIT DAY
Council considered request to designate September 24, 1991 as "Free Transit Day". Councilwoman Pinard
requested that this be extended to a full week as it was last year. She did not feel one day was sufficient.
Moved by Pinard/Reiss (5-0),Resolution No.7028 was adopted designating the week of September 23 through
28, 1991 as Free Transit Week.
City Council Meeting Page 3
Tuesday,September 17, 1991
C-6 CONFLICT OF INTEREST CODE
Moved by RaDva/Roalman (5-0), Resolution No. 7029 adopted updating list of designated employees and
advisory body members required to file Conflict of Interest Statements as recommended.
C-7 BICYCLE ADVISORY COMMITTEE STAFF APPOINTMENTS
Moved by Rapp@/Roalman (5-0), CAO staff appointments to the Bicycle Advisory Committee were approved
as recommended. The Committee will consist of the Citizen and Staff Representatives. The Citizen
Representatives are Wes Conner,Jamie Lopes,Richard Marshall,Gary Simms,and Wayne Williams. The Staff
Representatives are Linda Fitzgerald, Terry Sanville, Craig Anderson (Coordinator), Bruce LaHargoue, and
Dave Pierce. John Rawles, City TtatfTic Engineer,will serve as a resource person to the Committee.
C-8 TENT PERMIT- SLO EXPO
Moved by Ranua/Roalman.Resolution No.7032 was adopted (5-0) approving the tent permit for the Chamber
of Commerce as recommended.
BUSINESS ITEMS
1. DEVELOPMENT REVIEW FEES (File No.202)
Council held a public hearing to consider increasing planning, building & safety and engineering fees to be
effective November 16, 1991.
Bill Statler, Finance Director, reviewed the agenda report with the recommendation that Council adopt the
resolution in the packet increasing the fees as identified. This would provide for cost recovery ratios of 91%
for building& safety, 56%for planning,and 100%for engineering. He gave an extended report and included
review of other bodies who had reviewed the fees including the Planning Commission and the Architectual
Review Commission. He stated that the most controversial was the appeal fee and that was an area that the
council might wish to look at additional alternatives.
Tom Baasch. Chief Building Inspector, reviewed the building & safety fees and explained how the fees were
derived at. He explained that in January of 1991 a Building Process Task Force was formed for the purpose
of reviewing and improving the city's review and development process. The task force is responsible for
determining ways to improve the city's internal coordination and communication,streamlining procedures,and
providing better information to guide applicants through the process. The task force had identified three
specific areas: 1) Building permit process; 2) Preliminary discretionary approvals through the planning
process; and 3) Field inspection functions.
John Dunn. City Administrative Officer,also reviewed the importance of the fee increase.
Mayor Dunin asked for public comment.
Gil Hoffman,Chairman of the Planning Commission,987 Capistrano Court,expressed dismay that the report
did not include many of the comments recommended by the Planning Commission. He was specifically
concerned that the minutes had not been included. There were several issues where the Planning Commission
would have liked to have made revisions and felt that the fees were too high. He was opposed to the appeal
charge and requested that council delay taking action until they had a better opportunity to review the input
by the other bodies.
835 P.M. Mayor Dunin declared a recess.
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City Council Minutes Page 4
Tuesday, September 17, 1991
8:55 P.M. City Council reconvened, all Councilmembers present.
Allen Settle spoke in support of the Planning Commission recommendations and urged against any appeal
fee.
Brett Cross. 1217 Mariners Cove,also concerned that minutes had not been made available for the council's
review.
Roy Hang agreed with comments made by Mr. Hoffman. He was also opposed to the appeal fees.
John Kellermanspoke in opposition to the fees and suggested it be phased.
Mark Denenza.representing the Building Industry,supported the Building Task Force and congratulated the
City for forming it. He disagreed with the fundamental premise that the fees were providing for a full cost
recovery. The fees were too high and it was not just the developer driving the need for building. He was also
opposed to the appeal fees.
Stan Bell,stated that the engineering fees were too high to be considered for full cost recovery. He would have
preferred to have seen some kind of accountability rather than just a flat fee. He felt the impact of the fees
would shut down the building industry.
Carol Florence, Property Management Association,also spoke in opposition to the fee.
Ed Nolanrepresenting the Contractor's Association,was concerned about the loss in jobs, pay cuts, and felt
that the increase fees were too dramatic.
Maggie Cox.representing the Chamber of Commerce,expressed concern that the compounded effect of all the
fees recently approved by the council would be very detrimental to the industry.
Keith Gurneeechoed the comments made by the chair of the Planning Commission including not supporting
an appeal fee.
Mayor Dunin declared the public hearing closed.
Councilwoman Pinard said she did not support the fee process. She would like some kind of accountability to
be further explored.
Councilwoman Ranna did not support a built-in escalation fee or the appeal fee but could support the fee
increase.
Councilman Roalman was supportive of staffs recommendations and their approach. He felt that 1-1/2% of
a typical building cost was fair as far as fees were concerned.
Councilman Reiss was not prepared to act on this item tonight. He would like additional opportunity to review
the comments and concerns expressed by the public.
Mayor Dunin could support the concept of the fees but felt that there was a negative impact for first time
buyers. He also would like to see some type of accountability.
After additional discussion,moved by Roalman/Ranna, Resolution No.7030 (3-2, Councilmembers Reiss and
Mayor Dunin voting no),was adopted increasing the planning,building&safety and engineering fees effective
November 16, 1991 but deleting the appeal fee and providing a two-year review period.
City Council Minutes Page 5
Tuesday,September 17, 1991
2. PLANNED DEVELOPMENT REZONING - PD 1530 (File No. 462)
Council held a public hearing to consider amending the existing development plan allowing for large office use
to allow government offices for CalTrans as recommended by the Planning Commission for property at 285
South Street; French Bros.,applicant.
Moved by Pinard/Roalman (5-0), due to the lateness of the hour this item was continued to date certain
Tuesday, October 1, 1991.
3. VILLA ROSA TENTATIVE MAP-TRACT 2066 (File No.410)
Council held a public hearing to consider a Planning Commission recommendation to approve a vesting
tentative map creating an 89-unit residential planned development condominium and two commercial lots
located at 843 Mutsubito Avenue and 2988 Broad Street; R-3-PD and C-S zoning; Stan and Elizabeth Bell
subdividers.
Arnold Jonas.Community Development Director,briefly reviewed the agenda report with the recommendation
that council adopt a resolution approving the vesting tentative map subject to the exceptions, findings, and
conditions recommended by the Planning Commission.
Mayor Dunin declared the public hearing open.
Mike Multari, representing the applicant,spoke in support of the proposed map.
Henry Hammer, Cal Poly Professor, objected to what he considered to be relaxing the solar water heating
requirements.
George Leonsolar contractor,also felt that this requirement should be included.
Larry Mever. mechanical engineer,also spoke in support of retaining solar water heating requirements.
John Ewin¢ also spoke in support of requiring solar water heating for the project.
Roy Hanff. had concerns relative to health and safety issues of the project.
Mayor Dunin declared the public hearing closed.
Moved by Rappa/Reiss (4-1,Councilman Roalman voting no),after brief discussion, Resolution No.7031,was
adopted approving the vesting tentative map subject to the exceptions, finding, and conditions recommended
by the Planning Commission and amendments as submitted by the applicant.
4. TENTATIVE MAP-TRACT 2073 (File No.410)
Council held a public hearing to consider a tentative tract map creating a nine-unit residential air-space
condominium conversion on property located at 3150 Rockview Place; Leon Maksoudian, subdivider.
Moved by Pinard/Roalman (5-0), to continue this item without discussion due to the lateness of the hour to
date certain Tuesday, October 1,1991.
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City Council Meeting Page 6
Tuesday,September 17, 1991
S. APPEAL- SLO BEAU'T'Y COLLEGE (File No. 407)
Council held a public hearing of an appeal by Morris Goatley of the San Luis Beauty College of a Community
Development Department staff determination denying water allocation transfer from 712 Marsh Street to 12330
Los Osos Valley Road.
Moved by Pinard/Roalman (5-0), to continue this item without discussion for further study to date certain
Tuesday, October 1, 1991.
6. (See Consent Agenda - C-8)
7. SPECIAL TRANSPORTATION TO OFF-SHORE OIL HEARINGS (File No.542)
Council considered provision for special transportation to the Of-Shore Oil Hearings to be held in Santa
Maria on Wednesday, September 18, 1991.
Ken Hamoian.Assistant City Administrative Officer, stated that at the request of Councilman Roalman the
Council was being asked to decide whether to provide special transportation to Santa Maria on September 18
to provide greater citizen representation at public hearings being held relative to off-shore development. He
stated that it would cost approximately$52.00 per hour for the first five hours and$23.00 per hour thereafter.
The approximate total cost was $400.00.
Councilman Reiss was conceived that this could be precedent setting for other non-profit groups requesting
similar bus service and,therefore,could not support it.
Atter brief discussion,it was moved by Roalman/Rapp (3-2,Councilman Reiss and Mayor Dunin voting no),
to approve the request as submitted.
8. DOWNTOWN PROPERTIES (File No. 418)
Council held a public hearing to consider the economic impact to the downtown community of the change in
use of Von's to Payless and the sale of the French Pavilion.
Due to the lateness of the hour,this item was continued to date certain Tuesday, October 1, 1991.
1L-15 P.M. Mayor Dunin adjourned the meeting to closed session to discuss proposed litigation pursuant to
Section 549569 of the Government Code relative to a claim Bled by Mr. Azawi in the settlement amount of
$350,000.
11:25 P.M.there being no further business to come before the City Council,Mayor Dunin adjourned to Monday,
September 30, 1991 at 12:00 Noon.
Approved
Pam Voges, City Clerk
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DRAFT
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY,OCTOBER 7, 1991 - 12:00 NOON -2:00 P.M.
COUNCIL HEARING ROOM, CITY HALL -990 PALM STREET D-.4. ,.•'i-u,es
SAN LUIS OBISPO, CALIFORNIA
A 1
ROLL CALL C)`
Councilmembers 'F
Present: Vice Mayor Bill Roalman,Councihnembers Pinard(arrived at 12:10 P.M.),Rappa and
Mayor Dunin
Absent: Councilmember Reiss
City Staff
Present John Dunn,City Administrative Officer,Ken Hampian,Assistant City Administrative
Officer,Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Dave Romero, Public
Works Director, Cyndi Butterfield
PUBLIC COMMENT
There was no public comment
STUDY SESSION
1. AB 939 & RECYCLING UPDATE (File No.482)
Council reviewed the California Integrated Waste Management Act of 1989, known as AB 939,and received an
update on all programs the City is in the process of implementing to meet the waste diversion and reduction
goals of AB 939. This included curbside recycling,commercial recycling,the new sort facility,and the recycling
promotional program.
Cyndi Butterfield, Solid Waste Coordinator, reviewed the agenda staff report with the recommendation that
Council use this strictly as an informational sharing meeting and no action would be required. She said it was
to provide the Council an overview of the Act and stated that the law mandated all jurisdictions to divert 25%
of the waste stream from landfills by 1995 and 509o' by the year 2000.
Council held general discussion.
Councilwoman Raps suggested that staff look at the possibility of exploring a Joint Powers Agreement for
carrying out this program.
Councilwoman Pinard requested that the procurement policy come back to the Council or at least a status
report identifying the concern raised relative to the current price differentials of several items.
Condi Butterfield stated that the procurement policy would come back to the Council for revision as the City
develops the overall plans for the program.
2. SUPERVISORIAL REDISTRICTING (File No.324)
Council considered a report regarding the proposed new Supervisorial districts in the County of San Luis
Obispo.
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City Council Meeting Page 2
Monday, October 7, 1991
John Dunn. City Administrative Officer, briefly reviewed the proposed plan and explained that the City has
been largely represented by Supervisor from District 5 and,by a lesser extent,by the supervisor from District
3. The primary differences in the 1991 redistricting plan would further extend District 3 into the eastern
portion of the City,bring District 2 into a portion of the City north of Highland and would bring a portion of
the southernmost district,District 4,into the orchid/southwest portion of the City. The"majority Supervisor"
in terms in representing greater number of citizens would be the District 3 Supervisor.
Councilwoman Pinard expressed concern that having up to four Board of Supervisors rather than the current
two would be breaking up the City into too small of areas to adequately represented as it should be.
After discussion,moved by Dunin/Pinard. (4-0-1 Councilman Reiss absent),to appoint Councilwoman Rappa
(Councilman Roalman as alternate) and the City Administrative Officer to represent the City to the Board of
Supervisors at it's October 8, 1991 meeting beginning at 11:00 A.M. and to urge the Board to reconsider
redrawing the supervisorial redistricts to provide larger City representation by limiting the City to two and or
three Districts rather than the current proposed four.
3. STUDENT BEHAVIOR IN THE COMMUNITY
Council considered an oral presentation by Policy Chief Gardiner on student behavior in the community on
Friday,September 27, 1991.
Mayor Dunin requested that this item be held over to the City/Cal Poly Student Liaison Committee for
recommendations.
Atter brief discussion, moved by Ragpa/Roalman, (4-0-1 Council Reiss absent),that this item be referred to
the City's representative on the City/Cal Poly Student Liaison Committee and that the Committee be requested
to review possible actions that could be taken against inappropriate student behavior and look for other ways
to better communicate with the student population.
4. ANNUAL LEAGUE RESOLUTIONS (File No.362)
Council considered a packet of proposed resolutions to be voted on at the Annual League of City Conference
to be held October 13 through 16, 1991.
Atter brief discussion and upon general consensus, Council directed the City's representative to support the
resolution as proposed with particular emphasis on Resolution No. 46 and Resolution No. 48.
COUNCIL LIAISON REPORTS
There were no Council Liaison Reports.
COMMUNICATIONS
COMM1. Dottie Connor urged Council support of writing a letter to appropriate legislators uring them to
take action to keep the Alcoholic Beverage Control (ABC) office in San Luis Obispo County.
After general discussion, Council concurred with this approach.
City Council Meeting Page 3
Monday, October 7,1991
2:00 P.M. Mayor Dunin adjourned the meeting to closed session to discuss a personnel matter with Frank
Espinoza, Maintenance Worker II.
220 P.M.there being no further business to come before the City Council,Mayor Dunin adjourned the meeting
to Monday October 21, 1991 at 830 A.M. in the City/County Library Community Room.
Approved:
Pam Voges, City Clerk
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