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HomeMy WebLinkAbout10/06/1992, C-1 - MINUTES MEETING AGENDA AFT DATE /0 h % - ITEM # CI/ MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 1, 1992 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL- 990 PALM STREET Draft Minutes SAN LUIS OBISPO, CALIFORNIA to be approved at Council Meeting ROLL CALL of La-i'y-9o� 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; Bill Statler, Finance Director; Bob Neumann,Fire Chief;Lynn Block,BIAAdministrator;Ron Munds,Water Conservation Coordinator; Todd Martin, Arborist; Gary Henderson, Water Division Manager PUBLIC COMMENT PERIOD P.C.I. Howard Brown, 276 Graves, expressed concern about the high cost of water in San Luis Obispo and urged the Council to look at lowering rates as he felt irreparable harm was being done to the community because people were allowing their trees and landscaping to die. CONSENT AGENDA Moved by Roalman/Raoaa the Consent Agenda was unanimously approved as recommended by the City Administrative Officer with the exceptions of C-2, C-3, C-5, C-9, C-11, C-12, and C-13 as noted. C-1 CONTRACT PAY ESTIMATES Council considered contract pay estimates and change orders. Moved by Roalman/Raaua (5-0), to approve contract pay estimates and change orders and ordered paid as recommended. C-2 PARKING METER COIN COLLECTION (File No. 92-26) Council considered awarding a contract for Parking Meter Coin Collection at the unit price of $0.32 per collection. Councilwoman Raaoa stated she would like to see more approaches to this contract and believed that relevant experience to the job should have played a larger part in the deliberation for the recommendation. City Council Meeting Page 2 Tuesday, September 1, 1992 Mayor Dunin spoke in support of the current system. Moved by Raapa/Dunin to reject all bids and request staff to redevelop a Request for Proposal to include 1) evaluation of alternative proposals; 2) relevant experience; and 3) include appropriate security measures. After additional discussion, Mayor Dunin withdrew his second on the motion and Councilwoman Rapp withdrew her motion. Mr. Kianti spoke in support of keeping the contract with the current provider which was himself. Brett Cross spoke in support of the recommendation by the staff. After additional discussion, moved by Roalman/Reiss to award the contract to Smith Collection Service for the Parking Meter Coin Collection and authorized the Mayor to execute the agreement (A- 93-92-CC) as recommended; motion carried (4-1, Councilwoman Rappa voting no). C-3 SEISMIC SAFETY CORRECTIONS (File No. 707) Council considered an amendment to the agreement for engineering services on the seismic safety corrections project. Moved by Roalman/Raaaa to approve Amendment No. 1 to the agreement (A-132-92-CC)with Howard P. Stup and Associates for engineering services to include work on the 955 Morro building; and authorize the Mayorto execute the amendment; motion carried (4-1,Councilwoman Pinard voting no). C-4 STATE COOPERATIVE AGREEMENT- BIKE PATH SURFACING (File No. 1111) Council considered a cooperative agreement with the State of California for surfacing and delineating bike paths on Santa Rosa Street Moved by Roalman/Raooa (5-0), Resolution No. 8064 was adopted approving the cooperative agreement (A-94-92-CC) and authorizing the Mayor to execute the agreement as recommended. C-5 BANKING SERVICES CONTRACT (File No. 92-21) Council considered awarding a contract for Banking Services. Councilwoman Pinard submitted a letter from First Interstate Bank stating that the bank was accepting state warrants during this fiscal crisis. She felt that the importance of a bank to be responsive to local concerns should have played a heavier part in the recommendation and would,therefore, not support the award of bid to Bank of America. After discussion, moved by Dunin/Roalman to award the Banking Services contract to the Bank of America and authorized the Mayor to execute the agreement (A-95-92-CC). Motion carried (4-1, Councilwoman Pinard voting no). /r J City Council Meeting Page 3 Tuesday, September 1, 1992 C-6 CURB. GUTTER & SIDEWALK IMPROVEMENTS (File No. 533) Council considered a proposed list of sidewalk improvement projects required where more than 50% of the block is already improved. Moved by Roalman/Rappa (5-0), the proposed list of sidewalk improvement projects was reviewed and finalized; and staff was directed to proceed with the distribution of °Construction Notices" to property owners as recommended. C-7 WATER MAIN IMPROVEMENT PROJECT (File No. T-0313) Council considered plans and specifications for°Water Main Improvement Project: Peach- Broad to Chorro", City Plan No. T-0313; Engineer's estimate is $36,500. Moved by Roalman/Rappa(5-0),approved plans and specifications for City Plan No.T-0313,authorized staff to advertise for bids, and authorized the CAP to award contract (A-96-92-CC) to lowest responsible bidder within the Engineer's estimate as recommended. C-8 TIME EXTENSION -TRACT 1673 (File No. 410) Council considered a request for a time extension for Tract 1673, a commercial condominium to be built on the southwest comer of South Higuera Street and Prado Road (3440 South Higuera Street); San Luis Creek Associates; John Kuden and Terry Orton, subdividers/owners. Moved by Roalman/Rappa (5-0), Resolution No. 8055 was adopted granting a one-year extension to Tile the final tract map subject to the original findings and conditions as recommended. C-9 GRAYWATER SEMINAR (File No. 517) Council considered co-sponsoring a Graywater Seminar, GRAY = GREEN 2. After brief discussion and clarification, moved by Pinard/Rappa to adopt Resolution No. 8056 (5-0) declaring the City a co-sponsor of graywater seminar, Gray = Green 2, to be held in Los Angeles on November 18, 1992 as recommended. C-10 SIGN REGULATIONS (File No. 424) Council considered giving final passage to an ordinance updating the Sign Regulations (continued from 8/18/92). Moved by Roalman/Rappa (5-0), Ordinance No. 1218 was given final passage updating the Sign Regulations as recommended. City Council Meeting Page 4 Tuesday, September 1, 1992 C-11 ARCHITECTURAL REVIEW PROCEDURES (File No. 403) Council considered giving final passage to an ordinance streamlining architectural review for aesthetically insignificant projects (continued from 8/18/92). Moved by Roalman/Rauoa. Ordinance No. 1219 was given final passage (4-1, Councilwoman Pinard voting no) streamlining architectural review process as recommended. C-12 REZONING - R 27-92 (File No. 463) Council considered giving final passage to an ordinance amending the Zoning Regulations to allow certain retail uses in the Neighborhood Commercial (C-N) zone (continued from 8/18/92). Brian Christensen, 818 Pismo Street, was opposed to the ordinance. After brief discussion, moved by Roalman/Dunin not to give final passage to the ordinance as recommended by staff but to amend the table on Exhibit A under Retail Sales and Repair of Bicycles category to require an Administrative Use Permit as opposed to being an allowed use. Motion carried (4-1, Councilwoman Pinard voting no). Moved by Dunin/Roalman (5-0),staff was directed to reevaluate the current C-N zone with the primary purpose to determine if the zone should either be modified or a new zone created to meet more present day needs. The Council directed staff to complete the review and bring a recommendation to the Council as part of the current Land Use Element update. C-13 PLANNED DEVELOPMENT- PD 1451 (File No. 463) Council considered giving final passage to an ordinance approving planned development rezoning application PO 1451. Moved by Roalman/Rapp to give final passage to Ordinance No. 1221 as recommended; motion carried (4-1, Councilman Roalman voting no). C-14 FINAL MAP - TRACT 2073 (File No. 410) Council considered approving the final map for tract 2073, a nine-unit residential air-space condominium conversion at 3150 Rockview Place; Y.L. Maksoudian, subdivider. Moved by Roalman/Raooa (5-0), Resolution No. 8057 was adopted approving the final map for Tract 2073 as recommended. C-15 STREET ABANDONMENT (File No. 535) Council considered a Planning Commission recommendation to abandon a portion of Mill Street between Broad and Nipomo Streets;Old Mission Elementary School/Mission College Prep,applicant. City Council Meeting Page 5 Tuesday, September 1, 1992 Moved by Roalman/Rappa (5-0), Resolution of Intention No. 8058 was adopted to abandon and set a public hearing for Tuesday, October 6, 1992 at 7:05 PM as recommended. C-16 TENT PERMIT (File No. 873) Council considered a request by the Chamber of Commerce to erect a tent in the Mission Plaza during the °SLO EXPO" event on September 19, 1992. Moved by Roalman/Rappa (5-0), Resolution No.8059 was adopted approving the use permit for a tent in Mission Plaza as recommended. Staff directed to bring back an amendment to the Municipal Code to allow administrative approval of tent permits. C-17 PARKING PROGRAM - SUPPLEMENTAL FEES (File No. 554) Council considered implementing a Supplemental Fee program in the Parking Management Program. Moved by Roalman/Rappa (5-0), deferred implementation of a Supplemental Fee Program to a future date when related projects and appropriate funding has been identified as recommended. COUNCIL LIAISON REPORTS There were no Council Liaison Reports. BUSINESS ITEM 1. TOT LOT RENAMING (File No. 815) Council considered a Parks& Recreation Commission recommendation to rename the Mission Street Tot Lot to "Anholm Park". Wayne Peterson, Acting Public Works Director, briefly reviewed the agenda report with the recommendation that Council approve the recommendation to rename the Tot Lot and direct staff to work with the Anholms to develop a suitable plaque and park signage. Mayor Dunin asked for public comment. Carol Pierce. 864 Mission St., spoke in support of keeping the name Mission Street. She felt that it was too difficult for children in the neighborhood to have the name changed and believed that if proper signage identified who had dedicated the property, it should be sufficient The name of the Mission should be retained. Councilman Roalman also supported leaving the name as is. He was swayed by the arguments by a letter submitted by Michael Baker. After brief discussion, moved by Reiss/Rappa to approve the recommendation of the Parks and Recreation Commission to rename the Mission Street Tot Lot to Anholm Park and direct staff to work with the Anholms to develop a plaque and signage as recommended;motion carried (4-1,Councilman Roalman voting no). 24.6.0 .6.0 City Council Meeting Page 6 Tuesday, September 1, 1992 Mayor Dunin requested that the Council consider renaming the Mission Plaza to Ken Schwartz Mission Plaza and have staff to report back on the issue. After brief discussion and upon general consensus, Council did not support a name change for Mission Plaza. 2. THURSDAY NIGHT FEES (Fite No. 472) Council held a public hearing to approve changes to the Thursday Night/Farmers Market Rules and Regulations and fee structure (continued from 8/4/92 and 8/18/92). Lynn Block. BIA Administrator, reviewed the agenda report with the recommendation that Council adopt two resolutions: 1) to approve the BIA Thursday Night Activities; and 2) approving the revised fee schedule and explain how the Board of Directors reached their recommendation. Mayor Dunin declared the public hearing open. Georgia Swayze, who maintains an informational booth in the downtown for the last 7 years, spoke in opposition to the fee increase and felt that it was unfair to non-profit groups. Charlie Kears, Chairman of the Thursday Night/BIA Activities, spoke in support of the fee increase and explained how the directors reached the various increases. Dodie Williams. 438 Woodbridge and former BIA Administrator, also spoke in support of the fee increase and gave a brief review of the history of the event. Councilman Roalman stated he could not support the recommendation by the BIA and suggested a 18% across the board increase for all groups. Councilwoman Pinard agreed with Councilman Roalman. After additional discussion, moved by Roalman/Pinard to support an 18%across the board increase; motion failed (2-3, Councilmembers Rappa, Reiss and Mayor Dunin voting no). Moved by Ragaa/Reiss to adopt Resolution No. 8060 approving the Business Improvement Association's Thursday Night Activities/Farmer's Market Rules;motion carried (3-2,Councilmembers Pinard and Roalman voting no). Moved by RapQa/Reiss to adopt Resolution No. 8061 approving Thursday Night Activities Fee Schedule as recommended; motion carried (3-2, Councilmembers Pinard and Roalman voting no). 3. APPEAL- TREE REMOVAL (File No. 407) Council held a public hearing to consider an appeal by Kay Wardell of a Tree Committee decision to deny a request to remove a tree-at 288 Hermosa Way in order to add a two-car garage and new front entry. Wayne Peterson, Acting Public Works Director, briefly reviewed the agenda report with the recommendation that the Tree Committee urged denial of the tree removal and requested that the 61'lo City Council Meeting Page 7 Tuesday, September 1, 1992 Council adopt a resolution to uphold the Tree Committee's decision. Mayor Dunin declared the public hearing open. Kay Wardell spoke in support of their appeal. Bob Wardell also spoke in support. Eva Vigil, 1890 Castillo Court and a member of the Tree Committee, urged support of the Tree Committee's decision to retain the tree. Woody Combrink, architect and a member of the Tree Committee, also spoke in support of retaining the tree. Howard Brown. Chairman of the Tree Committee, spoke in support of retaining the Vee. Todd Martin, Tree Arborist, upon question clarified that the tree was, in fact, healthy. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Rappa/Pinard to adopt Resolution No. 8062 denying the appeal and upholding the decision of the Tree Committee as recommended; motion carried (5-0). 4. REGIONAL OFFICE CENTER (File No. 463) Council held a public hearing to consider requests (GP/R 1516, PD 1517)to develop a regional office center at the northeaste corner of Prado Road and Elks Lane (40 Prado Road), east of Highway 101; Maxine Oliver Morosky, applicant. Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that Council: A) adopt a resolution to 1) amend the Land Use Element Map from Interim Conservation/Open Space to Office based on findings; and 2) amend Section C.5.b of the Land Use Element Text to add language regarding the appropriateness of office development with ancillary retail uses at the site based on findings; and B) introduce an ordinance to print amending the Zoning map from C/OS-10 to O-PD and approving the preliminary development plan, based on findings and subject to conditions. Mayor Dunin declared the public hearing open. Mike Multari spoke in support of the applicant, reviewed the project and suggested a change to condition No. 3 regarding allowing the placement of law offices which are 4,000 sq. ft. or greater. He also indicated they would like to have condition No. 4 deleted. Lastly, suggested a reconsideration of condition No. 8 regarding screened or mechanical equipment not allowed on the roof. Dennis Moresco explained the issue related to flooding. Richard Schmidt spoke in opposition of the amendment. He felt that it would be damaging to both the animals and the creek in the area. City Council Meeting Page 8 Tuesday, September 1, 1992 Mayor Dunin declared the public hearing closed. After discussion, moved by Roalman/Pinard to deny the amendment and put this on a time frame with an updated Land Use Element and Circulation Element. Councilwoman Pinard was concerned that the conferments with other adopted city policies and how this flies in the face of the tri-polar concept. Motion carried (3-2, Councilwoman Rappa and Mayor Dunin voting no). After brief discussion, the issue was reconsidered and moved by Rappa/Dunin to adopt Resolution No. 8063 and introduce to print Ordinance No. 1223 as recommended; motion carried (3-2, Councilmembers Pinard and Roalman voting no). 5. RETROFIT STANDARDS (File No. 517) Council held a public hearing to consider instituting mandatory retrofit standards upon the change of ownership, use or remodel. Gary Henderson. Water Division Manager, stated the recommendation action was to introduce an ordinance to print establishing Chapter 13.06 to the Municipal Code instituting mandatory retrofit standards upon change of ownership or remodel. Ron Munds. Water Conservation Coordinator, briefly reviewed the proposed program and spoke in support of the recommended action. Mayor Dunin declared the public hearing open. Moved by Rappa/Roalman to introduce Ordinance No. 1224 to print establishing Chapter 13.06 as recommended; motion carried (4-1, Councilwoman Pinard voting no). 6. DESIGN SERVICES - FIRE HEADQUARTERS/RECREATION ADMINISTRATION Council considered approving design services for the proposed new Fire Station (No. 1). Bob Newmann. Fire Chief, briefly reviewed the agenda report with the recommendation that Council 1) certify a list of construction management firms for the construction management service of the new Headquarters/Recreation Administration building;2)authorize CAO to negotiate a contract with VANIR Construction Management not to exceed $9,950, for architectural services, negotiations and programming phase services; and 3) authorize staff to negotiate a contract (A-97-92-CC) with VANIR Construction Management for design and construction management services of the new station with the contract to be brought back to Council for approval with the architects at a future meeting. Councilwoman Pinard felt that there was sufficient expertise on City staff to handle the construction services portion of the contract. After discussion, moved by Roalman/Rappa to support recommendations 1 and 2 as outlined by staff approving the list of construction management frons and negotiate a contract with VANIR �-1-8 City Council Meeting Page 9 Tuesday, September 1, 1992 Construction not to exceed $9,950 for architectural services; motion carried (3-2, Councilmembers Pinard and Reiss voting no). Upon general consensus, Council agreed not to authorize staff to proceed with contract negotiations for the use of VANIR Construction for construction services. Council supported the Fire Department, working with the City Engineer, develop A) an option for the continued use of the firm for presentation to the Council in conjunction with the final architectural contract. Further,a specific cost estimate should be established for the option. If the Council ultimately supports it, a new contract would be negotiated and approved by CAO following Council action and within specifically defined budget amounts. COMMUNICATIONS COMM.1. CHLOROFLUOROCARBONS Council considered a request by Councilman Roalman that staff evaluate the cost and feasibility of implementing local legislation affecting chlorofluorocarbons. Upon general consensus, staff directed to prepare a report for Council action. COMM.2. RESOLUTION CONCERNING POPULATION&NATION&CITIES ECONOMIC,SOCIAL. AND ENVIRONMENTAL HEALTH Upon general consensus, staff directed to agendize item for future Council action. 11:50 P.M. Mayor Dunin adjourned the meeting to closed session to discuss existing litigation. 12:10 A.M. there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Tuesday, September 8, 1992 at 7:00 P.M. APPROVED BY COUNCIL Pam Voges, City Clerk PV:cm DRAFT MINUTES REGULAR MEETING OF CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 15, 1992 - 7:00 PM COUNCIL CHAMBERS - CITY HALL- 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ,.,._.u}es 'o C.- ROLL ,ROLL CALL ai our,i! »4e=}ing Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman and Mayor Dunin Absent: None City Staff Present: Ken Hampian, Acting City Administrative Officer; Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas, Community Development Director;Bill Statler,Finance Director,Bob Neumann,Fire Chief; Deb Hossli, Administrative Analyst; Dave Smith, Building Maintenance Supervisor PUBLIC COMMENT PERIOD P.C.I. Jim.Dee expressed concern that the City granted a use permit to the Copeland's project to allow a 7-screen theater in the downtown which will significantly impair his ability to continue his theater business in the downtown. P.C.2. Gary Felsman. 2234 Santa Ynez, opposed what he believed was an administrative approval of a sorority RUSH party in violation to its approved City use permit. Staff responded that such an approval was not granted. CONSENT AGENDA Moved by Roalman/Raona (5-0) to approve the Consent Calendar as recommended by the City Administrative Officer with the exceptions of C-4 and C-5 as noted. C-1 COUNCIL MINUTES Moved by Roalman/Rapaa (5-0) to adopt the following minutes as amended: Tuesday, August 4, 1992 at 7:00 P.M. and Tuesday, August 18, 1992 at 7:00 P.M. C-2 HIGHWAY 227 (File No. 1145) Council considered authorizing the Mayor to sign a cooperative agreement with the State to transfer State Highway 227 to a new alignment within the city. C-NO City Council Meeting Page 2 Tuesday, September 15, 1992 - 7:00 P.M. Moved by Roalman/Raooa (5-0), Resolution No. 8065 was adopted authorizing the Mayor to sign Agreement No.A-102-92-CC with the State of California (Department of Transportation) regarding the relinquishment of a portion of State Highway 227 to the City and the relocation of State Highway 227 to a new alignment as recommended. C-3 REZONING - R 27-92 Council considered giving final passage to an ordinance amending the Zoning Regulations to allow certain retail uses in the Neighborhood Commercial (C-N)zone (continued from 8/18/92 and 9/1/92). Moved by Roalman/Raooa (5-0), Ordinance No. 1222 was given final passage amending the Zoning Regulations as recommended. C-4 REGIONAL OFFICE CENTER (File No. 463) Council considered giving final passage to an ordinance amending the Zoning Map from C/OS to 0- PD and approving a preliminary development plan to develop a regional office center at 40 Prado Road; Maxine Oliver Morosky, applicant (continued from 9/1/92). Councilman Roalman pulled this issue as he was concerned that the project had received a negative declaration and asked for clarification. After brief discussion, moved by Dunin/Reiss to give final passage to Ordinance No. 1223; motion carried (3-2, Councilmembers Pinard and Roalman voting no). C-5 RETROFIT STANDARDS (File No. 517) Council considered giving final passage to an ordinance establishing mandatory retrofit standards upon the change of ownership, use, or upon remodel (continued from 9/1/92). After brief discussion,moved by Roalman/Raooa to give final passage to Ordinance No. 1224; motion carried (3-2, Councilmembers Reiss and Mayor Dunin voting no). C-6 HUMAN RELATIONS COMMISSION 1992-93 WORKPLAN (File No. 1045) Council considered Human Relations Commission (HRC) Workplan for 1992-93. Moved by Roalman/Rappa (5-0) to approve the HRC Workplan as recommended. C-7 SURPLUS CITY PROPERTY (File No. 165) Council considered declaring two vehicles as surplus to allow for their sale. Moved by Roalman/Rappa (5-0), Resolution No. 8066 was adopted declaring City Vehicle Nos. 6409 and 8702 as surplus property as recommended. City Council Meeting Page 3 Tuesday, September 15, 1992 - 7:00 P.M. C-8 U.S. CONFERENCE OF MAYORS Council considered endorsing a resolution adopted by the U.S. Conference of Mayors concerning population and its relationship to the economic, social and environmental health of cities of the nation. Moved by Roalman/Rapgo (5-0), conceptual endorsement was given to the resolution as recommended. C-9 ANHOLM PARK PLAY LOT RENOVATION (File No. 92-37) Council considered rejecting all bids for Anholm Park (formerly Mission Street) Play Lot Renovation, City Plan S-19Y. Moved by Roalman/Raaaa (5-0) to reject all bids and directed staff to bring back a project within the available $61,000 as recommended. C-10 TRANSIT GRANT ALLOCATION (File No. 549) Council considered reauthorizing the application for a Proposition 116 Grant Allocation. Moved by Roalman/Raaaa (5-0), Resolution No. 8067 was adopted reauthorizing staff to apply for a $500,000 Proposition 116 grant allocation to purchase two transit coaches as recommended. COUNCIL LIAISON REPORTS There were no Council Liaison Reports. PUBLIC HEARINGS 1. MOBILE HOME PARK RENT STABILIZATION (File No. 428) Council held a public hearing to consider proposed amendments (see also Tape File No. 428 for a complete reading of this item)to the Mobile Home Park Rent Stabilization Ordinance concerning rent increases upon change of ownership and certain exemptions. Mayor Dunin stepped down due to a possible conflict of interest. Vice-Mayor Raoaa presided. Jeff Jorgensen, City Attorney, briefly reviewed the agenda report with the recommendation that the Council receive the report regarding the proposed amendments to the Mobile Home Park Rent Stabilization Ordinance and provide staff with direction as to any preferred amendments. He provided two ordinances in the Council packet for their consideration. He reviewed the history of the cases stating that in January 1990, the City had received a request from the Western Mobile Home Association to amend the City's Rent Stabilization Ordinance to delete its vacancy control provisions. At the June 16, 1992 City Council Meeting, Councilman Roalman presented a communication in