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HomeMy WebLinkAbout09/15/1992, C-1 - MINUTES DRAFT nATE �ITEiW MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 4, 1992 - 7:00 P.M. =• COUNCIL CHAMBERS - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA Q_ ROLL CALL --7•�.9a-- Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman, and Mayor Dunin Absent: None City Staff Present: John Dunn, City Administrative Officer;Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas, Community Development Director; Jim Gardiner, Police Chief; Tom Baasch, Chief Building Official PUBLIC COMMENT PERIOD P.C.I. Richard Schmidt asked for copies of all charges/costs incurred by the City for its legal representation regarding the State Water Project court issue. P.C.2. Cal Massey requested staff review the drainage at Prado Road and South Higuera. P.C.3. Richie Ray Walker urged the Council to support the will of the people relative to the State Water issue. P.C.4. Ray Ball stated he supported the process used by the City and the courts in determining whether the State Water decision was a legislative or administrative action. CONSENT AGENDA Moved by Raaoa/Roalman (5-0),the Consent Calendar was unanimously approved as recommended by the City Administrative Officer with the exceptions of C-4, C-6, C-7, and C-S as noted. C-1 COUNCIL MINUTES Moved by Rappa/Roalman (5-0), the following minutes were approved as amended: Tuesday, June 16, 1992 at 6:30 P.M.; Tuesday, June 16, 1992 at 7:00 P.M.; and Tuesday, June 30, 1992 at 7:00 P.M. C-2 CONTRACT PAY ESTIMATES Council considered approving contract pay estimates and change orders. City Council Meeting Page 2 Tuesday, August 4, 1992- 7:00 P.M. Moved by Raeaa/Roalman (5-0), contract pay estimates and change orders were approved as recommended. C-3 FREE TRANSIT DAY (File No. 542) Council considered designating Tuesday, September 15, 1992 as "Free Transit Day" as a part of the city's contribution to and recognition of the statewide"Alternate Transportation/Ridesharing°activities. Moved by Raaaa/Roalman (5-0), Resolution No. 8042 was adopted designating Tuesday, September 15, 1992 as "Free Transit Day" as recommended. C-4 TRANSIT JOINT POWERS AGREEMENT (File No. 541) Council considered the ratification of the San Luis Obispo Council of Governments Joint Powers Agreement in matters of transit and transportation planning. Councilwoman Pinard expressed concern that the Council of Government JPA is hiring its own staff and she believed that it should continue to use its existing City and County staff as this appears to be another layer of government. Moved by Rappa/Dunin to take action to adopt Resolution No. 8043 ratifying the Joint Power Agreement and its amendments between the City and members cities and the County; and allowing the Mayor to sign it on behalf of the City as recommended. Motion carried (4-1, Councilwoman Pinard voting no). C-5 SOLICITOR PERMITS Council considered giving final passage to an ordinance allowing Council to delegate the issuance of solicitor permits (continued from 7/21/92). Moved by Raooa/Roalman (5-0), Ordinance No. 1215 was given final passage regarding the issuance of solicitor permits as recommended. C-6 MASS TRANSPORTATION COMMITTEE (File No. 123) Councilman Roalman stepped down due to a possible conflict of interest. Council considered three appointments and two reappointments to the Mass Transportation Committee. Councilwoman Pinard suggested that staff work with the Chamber of Commerce and the BIA to find a business representative that would be agreeable to both. Moved by Raoaa/Dunin to reappoint Joseph Risser (no term limitation) and James Forrer to a 4-year term expiring 3/31/96, and appointed Brian Christensen to a 2-year term expiring 3/31/94 and Walter City Council Meeting Page 3 Tuesday, August 4, 1992 - 7:00 P.M. Vance to a 3-year term expiring 3/31/95 to the Mass Transportation Committee as recommended. Motion carried (4-0-1, Councilman Roalman absent). Councilman Roalman returned to the dias. Moved by Raoaa/Roalman to direct the staff to work with the Chamber of Commerce and the BIA to provide an agreed upon business representative. Motion carried (4-1, Councilwoman Pinard voting no). C-7 BROAD STREET ANNEXATION (File No. 441) Council considered giving final passage to an ordinance pre-zoning the 78 acres annexation known as the Broad Street Annexation to C-S-PD, C-D-D and M-S (continued from 7/21/92). Councilwoman Pinard was concerned that a condition could be placed in a pre-annexation agreement to stipulate that the City has no liability relative to the drainage. Jeff Jorgensen, City Attorney, stated that the City would not be assuming any liability regarding this drainage issue and did not believe it was necessary to be made a part of the agreement. After brief discussion, moved by Raooa/Reiss, Ordinance No. 1216 was given final passage (4-1, Councilwoman Pinard voting no) to prezone the 78-acre site as recommended. C-8 STONERIDGE DRIVE ANNEXATION (File No. 441) Council considered giving final passage to an ordinance prezoning the property above the Development Limit Line C/OS-40 and the 10.4 acres below the Development Limit Line R-1-PD for the Stoneridge Drive Annexation (continued from 7/21/92). After brief discussion, moved by Rappa/Reiss, Ordinance No. 1217 was given final passage to prezone the Stoneridge Annexation as recommended. Motion carried (3-2, Councilmembers Pinard and Reiss voting no). COUNCIL LIAISON REPORTS There were no Council Liaison Reports. PUBLIC HEARINGS 1. PLAN CHECK FEES Council held a public hearing to consider establishing a 50%reduction in plan review fees for building permit applications involving identical buildings (continued from 6/1/92, 7/7/92, and 7/21/92). Tom Baasch. Chief Building Official, reviewed the agenda report with the recommendation that Council adopt a resolution establishing a 50% reduction in the plan review fees as recommended. City Council Meeting Page 4 Tuesday, August 4, 1992 - 7:00 P.M. Mayor Dunin declared the public hearing open. Mike Multari, 641 Higuera and representing Stan and Elizabeth Bell, spoke on behalf of supporting the plan check fee reduction. He also urged that staff be directed to report back on the real cost involved in plan checking as he believed that those figures would show even a lower amount. David Friend. 555 Ramona, thought this was an excellent plan and urged Council's adoption. Roy Hanff, 569 Lawrence Drive, spoke in support. Mayor Dunin declared the public hearing closed. Moved by Roalman/Raaoa, Resolution No.8044 was adopted as recommended. Motion carried (5-0). 2. TENTATIVE MAP - GEORGE STREET (File No. 411) Council held a public hearing to consider the Hearing Officer's recommendation to create four lots from two with exceptions to the subdivision and grading standards for property located at 1105 George Street (MS 91-192); Devin Gallagher, applicant. Moved by Raaaa/Roalman, this item was continued without discussion to date certain, Tuesday, August 18, 1992 at the request of the applicant. Motion carried (5-0). 3. THURSDAY NIGHT FEES (File No. 472) Council held a public hearing to consider approving changes to the Thursday Night/Farmers Market Rules and Regulations and fee structure. Moved by Roalman/Raooa, this item was continued without discussion to date certain Tuesday, August 18, 1992 at the request of the BIA. Motion carried (5-0). BUSINESS ITEM 4. REGIONAL HOUSING NEEDS (File No. 462) Council considered policy options regarding regional housing needs for the City of San Luis Obispo (continued from 7/7/92). Arnold Jonas, Community Development Director, briefly reviewed the agenda report requesting the Council evaluate the regional housing policy options and by motion give direction to staff regarding their preferred policy to incorporate in the city's draft housing element update. After brief discussion, moved by Reiss/Dunin to defer decision pending resolution of the work now underway to update other elements of the General Plan, and allow possible legislative action to establish a more realistic process for determining fair share housing numbers. Motion carried (5-0). City Council Meeting Page 5 Tuesday, August 4, 1992 - 7:00 P.M. After addition discussion, moved by Raaoa/Roalman to Mayor was authorized to write a letter opposing the Housing Element Senate Bill 1589 (Kopp). Motion carried (5-0). 8:15 P.M. Mayor Dunin adjourned the meeting to closed session to discuss 3 pending litigated items: 1) Serpa vs. City; 2) Carpenter vs. Poe; and 3) Ball vs. City. 8:40 P.M. there being no further business to come before the City Council, Mayor Dunin adjourned the meeting. APPROVED BY COUNCIL: Pam Voges, City Clerk PV:cm DRAFT MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 18, 1992 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman and.Mayor 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, Acting Public Works Director; Arnold Jonas, Community Development Director; Bob Neumann, Fire Chief; Ann McPike, Personnel Director; Bill Hetland, Utilities Director;John Moss, Wastewater Division Manager PUBLIC COMMENT PERIOD P.C.I. Nick Newburaer explained the situation existing at The Village on Broad Street regarding the discontinuance of accepting housing assistance for the residents of the facility. CONSENT AGENDA Moved by Rappa/Roalman the Consent Calendar was unanimously approved (5-0) as recommended by the City Administrative Officer with the exceptions of C-2, C-3, C-4, C-6, C-7, C-9, and C-11 as noted. C-1 COUNCIL MINUTES Moved by Rappa/Roalman (5-0), the following minutes were approved as amended: Tuesday, July 7, 1992 at 7:00 P.M.; Tuesday, July 21, 1992 at 6:00 P.M.; and Tuesday, July 21, 1992 at 7:00 P.M. C-2 COPYING CHARGES (File No. 109) Council considered a report to support the City's current photocopy charges to the public. The recommendation was for Council to reaffirm the Council's previous action when they adopted a resolution that established the current photocopying charges of $.25 per page or to select an alternative to the present charge. Mayor Dunin asked for public comment. City Council Meeting Page 2 Tuesday, August 18, 1992 - 7:00 P.M. David Friend believed that it was unfair to request$.25 per page, particularly for agenda related items. Roy Han ff was also opposed to the $.25 charge. He felt that it was important for citizens to stay informed and this would have a negative impact on his ability to be familiar with current issues. Brett Cross suggested that a private purveyor be hired to install copy machines at important locations. Councilwoman Ranoa stated that she could support having a coping machine. She suggested the driver's license of the individual could be held until they return the material. This would be similar to how the County provides for coping services. Councilman Reiss was concerned that agenda related items be provided the public at no charge. After discussion, moved by Reiss/Pinard to provide copies of agenda items at no cost to the public. Motion carried unanimously (5-0). The policy to retain the $.25 per copy charge for all other documents remains. Upon general consensus, Council also requested that staff monitor the use of making copies of agenda reports to the public and if there was an abuse of the system, to bring it back to the Council. The Council indicated that the public should not be limited in obtaining Council agenda related information, but requests for copies should be reasonable, i.e. 1-3 agenda items, and provide sufficient time for staff to provide it in compliance with the Public Records Act. C-3 ANIMAL CONTROL AGREEMENT (File No. 761) Council considered approving the annual Animal Control contract between the County of San Luis Obispo and the City at a cost of $60,350. Moved by Raooa/Roalman, Resolution No. 8045 was adopted authorizing the Mayor to execute a contract (A-80-92-CC) with the County for Animal Regulations Services for FY 1992-93 as recommended. Motion carried (4-1, Councilman Roalman voting no). C-4 TRANSPORTATION STUDIES CONTRACT AMENDMENT (File No. 401) Council considered amendments to the contract with DKS Associates to fund the preparation of transportation studies associated with the draft Circulation Element at a cost of $22,816. Councilwoman Pinard expressed concern about the $45,000 that was previously earmarked for neighborhood planning studies which would be conducted after adoption of the Circulations Element. She wanted to see those retained. After discussion, it was moved by Roalman to support the financing for alternatives 2 and 3 identified in the report. Item #2 was the specific programs to be established to reduce traffic Highway 1 including trip reduction programs for Cuesta College, Cal Poly, California Men's Colony, Hearst Castle, and commuter traffic from the north coast. Item #3 was operational changes to be made within the existing ROW that have limited land use impacts but improved traffic flow on several streets. Motion died for lack of a second. City Council Meeting Page 3 Tuesday, August 18, 1992 - 7:00 P.M. Afteradditional discussion, it was moved by Rappa/Reiss to adopt'Resolution No. 8046 approving the amended consultant services agreement with DKS Associates and the$45,000 of the contract amount earmarked for neighborhood planning studies be conducted when appropriate after the adoption of the Circulation Element. Motion carried (3-2, Councilmembers Pinard and Roalman voting no). C-5 SIGN REGULATIONS CORRECTIONS (File No. 424) Council considered correcting the Sign Regulations to make them more understandable. Moved by Rappa/Roalman (5-0), Ordinance No. 1218 was introduced to print determining that the recommended changes are not for purposes of environmental review and correcting the references to zone districts, and other minor corrections as recommended: C-6 TRAFFIC SIGNAL UPGRADE (File No. CP-T-14C) Council considered the rejection of the only bid received on July 16, 1992 for"Traffic Signal Upgrade: Santa Rosa at Monterey, Santa Rosa at Palm and Santa Rosa at Mill), City Plan No. T-14C estimated to cost $85,000 including contingencies. Staff recommendation was to reject the lone bid and authorize staff to readvertise and the CAO to award contract to the lowest responsible bidder. Mayor Dunin asked for public comment. David Friend supported the rejection of the bid but urged tabling of the project until the state determines what kind of a shortfall would be sent to the cities. Roy Han ff felt that the project was too expensive. Wayne Peterson, City Engineer, briefly reviewed the agenda report with the recommendation that Council support the recommendation as identified in the report. Moved by Roalman/Rappa to reject the Ione bid, authorize staff to readvertise and authorize the CAO to award the contract (A-52-92-CC) to the lowest responsible bidder within engineer's estimate as recommended. Motion carried (5-0). C-7 STREET RECONSTRUCTION PROJECT (File No. CP S-12A) Council considered the approving of plans and specifications for "Street Reconstruction and Resurfacing Project, Various Locations," City Plan No. S-12A estimated to cost $670,000 including contingencies. David Friend urged against the project stating that he felt it was too expensive at this time of fiscal unrest at the state level. After brief discussion, moved by Rappa/Reiss to approve the plans and specifications for the Street Reconstruction and Resurfacing Project, authorize staff to advertise for bids and authorized the CAO to award the contract (A-82-92-CC) if the lowest responsible bid is within the engineer's estimate as City Council Meeting Page 4 Tuesday, August 18, 1992 - 7:00 P.M. recommended. Motion carried (4-1, Councilwoman Pinard voting no). C-8 SEISMIC SAFETY CORRECTIONS (File No. CP S-35X) Council considered plans and specifications for Seismic Safety Corrections to Fire Station No. 3,City Plan No. S-35X, engineer's estimate $20,000 including contingencies. Moved by Rappa/Roalman (5-0) to approve the plans and specifications for Seismic Safety Corrections, authorized staff to advertise for bids and authorized the CAO to award contract (A413-92-CC) if the lowest responsible bid is within the engineer's estimate as recommended. C-9 DISPOSAL/RECLAMATION WASTEWATER BIOSOLIDS (File No. WW 92-08) Council considered approving a Request for Proposals for Operations and Maintenance Services for Management and Disposal/Reclamation of City's Biosolids at an estimated cost of $150,000. After brief discussion, moved by Roalman/Rappa to approve the RFP for Operations Maintenance Services for Management and Disposal/Reclamation of City's Biosolids,authorize staff to solicit bids, and authorize CAO to award contract (A-84-92-CC) if lowest responsible proposal is within staff estimate as recommended. Motion carried (5-0). C-10 BIA ADMINISTRATOR CONTRACT (File No. 471) Council considered approving the contract of employment between the City and Lynn Block, BIA Administrator, for the period of July 3, 1992 through July 3, 1993. Councilwoman Pinard was concerned that there is a 2-1 ratio of administrative's costs vs.promotional costs which she felt was excessive. After brief discussion, moved by Rappa/Dunin to adopt Resolution No. 8047 approving the contract of employment(A-85-92-CC) between the City and Lynn Block as recommended. Motion carried (4-1, Councilwoman Pinard voting no). C-11 CITY CLERK APPOINTMENT (File No. 151/621) Council considered the appointment of a new City Clerk and establishing compensation and benefits, and approving an agreement with current City Clerk for interim consultant services and adjusting the salary of current City Clerk. A. Moved by Roalman/Rappa to adopt Resolution No. 8048 (3-2, Councilman Reiss and Mayor Dunin voting no)to appoint Diane Gladwell City Clerk and setting forth the employment agreement (A-86-92- CC). B. Moved by Roalman/Rappa to adopt Resolution No. 8049(3-2, Councilman Reiss and Mayor Dunin voting no) establishing compensation and benefits for Diane Gladwell. City Council Meeting Page 5 Tuesday, August 18, 1992 - 7:00 P.M. C. Moved by Roalman/Raooa to adopt Resolution No. 8050 (4-1, Councilman Roalman voting no) authorizing the Mayor to execute an agreement (A-87-92-CC) with Pam Voges to provide professional services on an interim basis through November 6, 1992. D. Moved by Roalman/Randa to adopt Resolution No. 8051 (4-1, Councilman Roalman voting no) to adjust the salary for the City Clerk Pam Voges as recommended. Following a 9:00 P.M. break, Councilman Roalman requested reconsideration of Item C-11 D regarding the adjustment salary for the City Clerk. He stated that he did not realize that this was included in the previous motion and did support the Resolution. He stated, for the record,that he felt the office was well run under Ms. Voges and, in fact, the office was so well run, he did not see it necessary to have the position overlapped with the new City Clerk which was why he did not support Resolution in C-11 C but could support Resolution in C-11 D regarding the salary increase. The Resolution No. 8051 was then readopted and approved unanimously (5-0). C-12 SLOCEA MOA APPROVAL (File No. 623) Council considered approving the Memorandum of Agreement between the City of San Luis Obispo and the SLO City Employee's Association for the period of 7/1/92 through 6/30/94. Moved by Raoaa/Roalman, Resolution No. 8052 was adopted approving the Memorandum of Agreement (A-88-92-CC) as recommended. Motion carried (5-0). C-13 LEAGUE VOTING DELEGATE (File No. 362) Council considered appointing a voting delegate and alternate to the Annual League Conference to be held October 10 through 13, 1992 Pam Voqes, City Clerk, stated that the recommendation was being requested for amendment to appoint Mayor Ron Dunin as the voting delegate and City Administrative Officer, John Dunn, as the alternate as Penny Rappa was not going to be available on the date of the voting. Moved by Raooa/Roalman to appoint Mayor Dunin and John Dunn as recommended. Motion carried (5-0). APPOINTMENT Al. PLANNING COMMISSION (File No. 123) Council considered an appointment to the Planning Commission to fill an unexpired term ending 3/31/95. Councilman Roalman stated that the Council Subcommittee (comprised of Councilman Pinard and Councilman Roalman) had been unable to reach a unanimous recommendation to the City Council, and therefore, was recommending a split recommendation of two candidates, Melody DeMerrit and Mary Billington Whittlesey. He stated that they were both well qualified as were other applicants and requested that the Council make the final determination. L i-io City Council Meeting Page 6 Tuesday, August 18, 1992 - 7:00 P.M. Councilman Roalman reviewed the attributes of Ms. Whittlesey. Moved by Roalman/Raoaa to appoint Mary Billington Whittlesey to the Planning Commission with term expiring 3/31/95. Motion failed (2-3,Councilmembers Pinard, Reiss and Mayor Dunin voting no). Councilwoman Pinard then reviewed the attributes of Melody DeMerrit. Moved by Pinard/Dunin to appoint Melody DeMerrit to the Planning Commission. Motion failed (1-4, Councilmembers Rappa, Reiss, Roalman and Mayor Dunin voting no). Moved by Reiss/Dunin to appoint Charles Senn to the Planning Commission for a term expiring 3/31/95. Motion carried (3-2, Councilmembers Pinard and Roalman voting no). PRESENTATION Presentations were made by Mayor Dunin to four recipients of the City's Employee Suggestion Award Program which included Dave Smith, Elwyn Littlefield, Bill Reynolds, and Paul Post. COUNCIL LIAISON REPORTS There were no Council Liaison Reports. PUBLIC HEARINGS 1. TENTATIVE MAP - GEORGE STREET (File No. 411) Council held a public hearing to consider the Hearing Officer's recommendation to create four lots from two with exception to the subdivision and grading standards for property located at 1105 George Street (MS-91-192); Devin Gallagher, applicant (continued from 8/4/92). Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution approving the tentative map as recommended. Mayor Dunin declared the public hearing open. Devin Gallagher spoke in support of the project and provided a slide presentation. Tina Woodel, project architect, suggested adding amendments to the approval of the resolution to include minor and incidental review. David Friend spoke in support of the project. Mayor Dunin declared the public hearing closed. Bruce Sievertsen, member of the Architectural Review Commission, was available for questions. After brief discussion, moved by Rappa/Pinard to adopt Resolution No. 8053 approving the tentative map for MS 91-192 subject to the findings and conditions and including the amendments proposed by Arnold Jonas in tonight's discussion. Motion carried (5-0). 2-1W City Council Meeting Page 7 Tuesday, August 18, 1992 - 7:00 P.M. 2. THURSDAY NIGHT FEES (File No. 472) Council held a public hearing to consider approving changes to the Thursday Night/Farmers Market Rules and Regulations and fee structure. Pam Voges. City Clerk, requested that the public hearing to consider approving changes to the Thursday Night/Farmers Market Rules and Regulations and fee structure be continued to date certain Tuesday, September 1, 1992. Moved by Rappa/Pinard to continue this item without discussion to date certain as recommended. Motion carried (5-0). 3. ARCHITECTURAL REVIEW PROCEDURES (File No. 403) Council held a public hearing to consider streamlined architectural review procedures for aesthetically insignificant projects. Arnold Jonas, Community Development Director, briefly reviewed the agenda report with the recommendation that Council introduce an ordinance to print streamlining architectural review and adopt a resolution amending the Architectural Review Guidelines concerning aesthetically insignificant projects. Councilwoman Pinard expressed concern that the Community Development Department, not the Council, will determine what is significant and that the public would not be noticed minor projects. Mayor Dunin declared the public hearing open. Bruce Sievertsen spoke in support of the ordinance. Dave Romero spoke in support of the ordinance. David Friend spoke in support. Roy Hanff, 569 Lawrence Dr., was opposed. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Rappa/Reiss to introduce Ordinance No. 1219 to print streamlining architectural review for aesthetically insignificant projects. Motion carried (4-1,Councilwoman Pinard voting no). Upon general consensus, Council agreed that a follow-up report be brought back to the Council monitoring these decisions. Moved by Rappa/Reiss, Resolution No. 8054 was adopted amending the Architectural Review Guidelines concerning aesthetically insignificant projects as recommended. Motion carried (4-1, Councilwoman Pinard voting no). City Council Meeting Page 8 Tuesday, August 18, 1992 - 7:00 P.M. 4. REZONING - R 27-92 (File No. 463) Council held a public hearing to consider an amendment to the Zoning Regulations to allow certain retail uses in eleven areas with Neighborhood Commercial (C-N)zoning within the City limits,subject to modifications as recommended by the Planning Commission; John Rossetti, applicant. Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that Council introduce an ordinance to print amending the Zoning Regulations,Title 17 of the Municipal Code, subject to modifications as recommended by the Planning Commission. Mayor Dunin declared the public hearing open. Brett Cross, representing the Planning Commission, stated that the fanning Commission had concerns about what the appropriate uses of the C-N zone but believed any amendment would be more appropriate when the Land Use Element comes back. Vic Montgomery, 3026 S. Higuera and representing the applicant, spoke in support of the ordinance but suggested some amendments to Page 4-7 of the ordinance relative to retail sales and repair of bicycles as well as the types of uses to be allowed in C-N zones. John Rossetti spoke in support of the ordinance. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Dunin/Raaaa to introduce Ordinance No. 1220 to print amending the Zoning Regulations,Title 17 of the Municipal Code, subject to modifications as recommended by the Planning Commission with a new footnote #8 to read: Motion carried unanimously (5-0). Moved by Roalman/Reiss to add a new category for retail sales and repair of bicycles that are allowed in the C-N zone without an Administrative Use Permit required. Motion carried (5-0). 9:30 P.M. Mayor Dunin declared a recess. 9:45 P.M. City Council reconvened; all Councilmembers present. 5. PLANNED DEVELOPMENT - PD 1451 (File No. 463) Council held a public hearing to consider a Planning Commission recommendation to approve a request to rezone the Walter Center from Office Special Considerations (O-S) to Office Planned Development (O-PD)to expand types of uses allowed at 3190-3240 South Higuera Street; Don Walter, applicant. City Council Meeting Page 9 Tuesday, August 18, 1992 - 7:00 P.M. Arnold Jonas. Community Development Director, reviewed by the agenda report with the recommendation that Council introduce an ordinance to print approving the planned development rezoning application as recommended by the Planning Commission. Mayor Dunin declared the public hearing open. Brett Cross, representing the Planning Commission, explained how the Planning Commission got to the recommendation to only allow 30% rather than staff's recommendation of only 25% to allow tenants other than governmental service agencies and social services businesses and private non- profit social services occupying that much of the gross lease space on the parcels. Bruce Fraser,representing the applicant,supported the recommendation by the Planning Commission and staff with the exception that Council allow 50% of the gross lease rather than 30%. Mayor Dunin declared the public hearing closed. Councilman Roalman stated he could support an increase from 30%to 40% of the gross lease space and moved the ordinance to print with that amendment. Motion died due to lack of a second. Moved by Raaoa/Reiss to introduce Ordinance No. 1221 to print (4-1, Councilman Roalman voting no)approving the planned development rezoning application PD 1451 with the amendment to section 3 condition 3 to allow up to 50% of the gross lease space for tenants. COMMUNICATIONS COMMA. Request by Vice-Mayor Rappa to agendize amendments to the planned development for The Village. After brief discussion and upon general consensus, staff encouraged to expedite the administrative actions of this item to facilitate normal processing.of the application. 11:15 P.M. there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to closed session to discuss personnel and litigation issues. 11:40 P.M. there being no further business, Mayor Dunin adjourned the meeting. APPROVED BY COUNCIL: Pam Voges, City Clerk PV:cm