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11/16/19821 1 M I N U T E S REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO - TUESDAY, NOVEMBER 16, 1982 - 7:00 P.M. COUNCIL CHAMBERS, CITY HALL, 990 PALM STREET SAN .LUIS OBISPO, CALIFORNIA PLEDGE OF ALLEGIANCE unT.T. rAT.T. Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin, Allen Settle and Mayor Melanie C. Billig Absent: None City Staff ` Present: Paul Lanspery, Administrative-Officer; Geoff Grote, Assistant Administrative Officer; George Thacher, City Attorney; Pamela Voges; City Clerk; Toby.Ross, Community Development Director; Wayne Peterson, City Engineer; Rudy Muravez, Finance Director; Dave Romero, Public Works Director; Jim.Stockton, Recreation Director; Glen Matteson, Assistant Planner C O N S E N T C A L E N D A R C -1 CLAIMS AGAINST THE CITY On motion of Councilman Settle, seconded by Councilwoman Dovey, claims against the city for the month of November 1982 be approved -and ordered paid subject to the approval of the City Administrative Officer. Motion carried, all ayes. C -2 RESOLUTION OF APPRECIATION - HOWARD MANKINS On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 4990 (1982 Series), a•Resolution of Appreciation.of)the City's gratitude to Howard Mankins for his dedicated service to the citizens of San Luis.Obispo County. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor.Billig NOES: None ABSENT: None C -3 BIA APPOINTMENTS On motion of Councilman Settle, seconded by Councilwoman Dovey, the following individuals were appointed to the Downtown Business Improve- ment Area Board of Directors with terms expiring November 1, 1984: 1) Frank Dufault, 2) Dick Westrope, 3) Ken Porche, Jr., 4) Linnaea Phillips, and 5) Jack Whitehouse. Motion carried, all ayes. C -4 APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEE On motion of Councilman Settle, seconded by Councilwoman Dovey, the > following people were appointed to -the Citizens Advisory Committee as "follows: Henry Hammer, Joaquin Neves, Thomas Harrington, terms to City Council Minutes Tuesday, November 16; 1982 - 7.:00 p.m. Page 2 expire 3/31/84; Henry Roble and Ingrid Reti, terms to expire 3/31/83. Motion carried, all ayes.; C -5 PARK HOTEL On motion of'Colincilman Settle; seconded by'Councilwoman Dovey, the following resolution was introduced: Resolution No. 4991 (1982 Series), a resolution of the Council of the City of San Luis Obispo designating the Park Hotel (1817 Osos Street) as a historically significant structure as recommended by the Cultural Heritage Committee. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None C -6 REPORT ON BIDS - UNDERGROUND FUEL TANK INSTALLATION On motion of Councilman Settle, seconded by Councilwoman Dovey, the following resolution was introduced: Resolution No. 49.92 (1982 Series), a resolution of the Council of the City of San Luis Obispo awarding contract for "Underground Fuel Tank Installation ", City Plan No. G -37, to Nielsen Construction Company in the amount of $12,735.00. Passed and adopted on the following roll call vote: AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None C -7 PLANS AND SPECIFICATIONS - WASTEWATER TREATMENT PLANT On motion of Councilman Settle, seconded by Councilwoman Dovey; that plans and specifications for "Wastewater Treatment.Plant - Digester #1, Mixer Conversion ", City Plan No. F -17; bid estimate $26,726,-without contingencies be approved and staff authorized to call for bids. Motion carried, all ayes.. C -8. PLANS AND SPECIFICATIONS — TRAFFIC SIGNALS & STORM DRAIN On motion of Councilman Settle, seconded by Councilwoman Dovey, that plans and 'specifications for "Traffic Signals and Storm Drain ";; City Plan No. C -08 (Madonna /Calle Joaquin Signal); E -46 (Foothill /Patricia/ La Entrada Signals); E- 47.(South Higuera /Tank Farm Signals); and.F -37 (Patricia Drive Storm Drain), bid estimate total $213,300, without contingencies be approved and staff authorized to call for bids. Motion carried, all ayes. C -9 COUNTY REFERRAL - TRACT 994 Council considered a development, referred by the County of San Luis Obispo, located northeast of Sidney Street outside city limits;.(Goldtree Tract); Homor Odom, applicant. After brief discussion it was moved by Councilman.Settle, seconded by Councilwoman Dovey, to authorize Mayor to work with staff in revising the letter recommending denial of Tract 994, including concerns regarding city and county policies concerning Land Use Element, and forward to the Board of Supervisors for their consideration. Motion carried, all ayes. C -10 STUDENT ORGANIZATIONAL HOUSING After brief discussion it was moved by Councilman Settle, seconded by Councilwoman Dovey, to have this item continued to the December..7, 1982, Council meeting. Motion carried, all ayes. 7 1 City Council Minutes Tuesday, November 16,1982 - 7:00 p.m. Page 3 P U.B L I C H E R I.N G S 1. 1981-82-FINANCIAL STATEMENTS Presentation of the 1981 -82 Financial Statements by'City auditors Peat, Marwick, Mitchell and Company. Tom Snow; with Peat Marwick, Mitchell and Company, briefly reviewed the the financial reports dated September 22, 1982,,and October 5, 1982, highlighting city's areas that needed improvement: 1) Internal accounting ::control,.including the utility billing system and off -site cash. A review of the recommendations made by the firm in the prior year indicated that almost all had either been implemented or were in process. 2) The major recommendation regarding;purchasing and fixed assets was also included in the 1982 -83 budget goals.and objectives. At the close of 1981 -82 the city was in a'healthy financial position and within its -budget estimates. Upon question, Rudy Muravez, Finance Director, reviewed the carry -over funds of the B.I.A. in the amount of $11,000. He explained that although these monies were carry -over from last year and available to the B.I.A., they would have to come.back.before the Council,for.formal adoption of the expenditure. Councilman Griffin suggested the B.I.A. might consider establishing a reserve policy. Mayor•Billig declared the public.hearing open. No-one spoke for-or against the proposed financial audit.' Mayor Billig declared the public hearing closed. Councilman Griffin commented that the Administrative Officer,:in.response to his concerns, would be submitting more specific information and ' response to the recommendations.highlighted in the financial audit. He e suggested that the budget subcommitte might wish.to review and assist the auditors:in looking over.last,year•'s report, prior to.getting into next year's audit.: r After brief discussion it was moved by Councilman Settle,.seconded by Councilman Dunin, to accept the report and receive and file the 1981 -82 Financial Statements.: Motion.carried on the following roll call vote:, AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig NOES: None ABSENT:i None 2. GROWTH MANAGEMENT REGULATIONS Council held a public hearing to consider an ordinance revising the Growth,Management Regulations limiting the number.of dwellings which may be authorized by.build•ing permits .(continued:from 2/22/82). . Toby:Ross,.Community Development Director, reviewed the Council agenda report (file no. 466) and recommended introduction of the ordinance to print-:(in. .synopsis form).as proposed by staff and including any.amendments suggested by Council. Further,,he was recommending that the 24 -month interval be used as the time interval to "trigger-" the system. He also submitted a supplement to.Exhibit A which.included additional language which could be used to modify the regulations if the Council concurred with some of the input.as submitted under "citizen participation" concerning exempt projects, exemptions to monthly limitations and a sunset clause. Mayor Billig declared the public hearing open. City Council Minutes Tuesday, November ;16.;'1982 - 7:00 p.m. Page 4 Stan Bell stated he was pleased to see some of his comments included in the draft regulations. He was still concerned with the fourth item he suggested regarding accumulative allocation. It. was his opinion the ordinance should provide that the Council annually review the number of homes to -be allocated and that•a maximum number of 3•percent per year not be mandatory. The proposed ordinance was establishing .a year.2000 goal restricting growth to a maximum of 3 percent each year. This would achieve the stated goal in'low construction years. The past.two years history should be considered when determining the percentage of allocations granted. He did not feel the regulations were needed at this time. If the Council did wish to implement them, they should not implement %them until the Strategic Planning Program had been adopted by Council. - Jay Whisenant, Architect with-MDW; agreed. with Stan Bell with regard to the carry -over allocation. He felt there was not a serious impact on the city's resources at this time and, therefore, the..ordinance" was not necessary. He questioned whether this was to be utilized as a growth management ordinance or an incentive factor for developers. Mayor Billig declared the public hearing closed. Council reviewed the merits of the ordinance; in particular, those concerns that had been listed under citizen participation reaching consensus as follows: 1. Add to Section 9902.5, Exempt Projects: (6) "Prior to January 1, 1985, only, any single- family dwelling could be constructed on a lot which existed upon the effective date of these regulations (January 7, 1983), regardless of the.number.of single - family dwellings being built at one time by the developer." General consensus (5 -0). 2. Change Section 9902.2, Exceptions 'to Monthly Limitations:. - Paragraph added to that Section to read, "The-City Council shall in .the case of �. all applications for the development of a student housing complex consider an exemption under the terms of this section." General consensus (5 -0)'. - 3. Add to Section 9905, Definitions: "Student Housing'complex. means any development of dwellings or group quarters facilities which, due to its design, location and management, will be occupied entirely-by university students and their dependents." General consensus (5 -0). 4. Add a new Section 9908, Council Review of Regulations: "City staff shall prepare an evaluation and report no later than January 31, 1985, concerning the effect of these regulations since their adoption." (5 -0) 5. Annual and Monthly Limits: After brief'discussion Council agreed to an 18 month.schedule.as opposed to the 12 -month schedule previously suggested (5 -0). On motion of Councilman Settle, seconded by Councilman Griffin, the following ordinance be introduced, as .amended, in .synopsis form:. Ordinance No. 940 (1982 Series)., an ordinance of the City..of San•Luis Obispo repealing Ordinance 884 and adopting limitations on the number of dwellings which may be constructed together with a rating-scheme-for allocating residential building permits. Introduced to print on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None - ABSENT: None City Council Minutes Tuesday, November 16,'1982 - 7:00 p.m Page 5 Staff was further directed to establish criteria concerning student housing complex definition. Council also asked that notification be sent to the.Contractors Association and AIA.prior.to.final.passage of the•ordinance. (5 -0) 3. ZONING REGULATIONS AMENDMENTS Council held a public hearing to consider an ordinance to revise the Zoning Regulations concerning procedures, property development standards Arid uses allowed in- various zones (continued from 8/31/82, 9/21/82 and 10/26/82). Toby Ross, Community Development Director, reviewed the Council agenda report (file no. 463) with the recommendation that Council introduce the revised Zoning Regulations ordinance in synopsis form with the inclusion of the supplemental matrix. Mayor Billig declared the public hearing-open. No one spoke for or against the proposed regulations.. Mayor Billig declared the public hearing closed. Councilman Settle discouraged the use of:certain references that end with "etc. ", "certain ", and• "alike" and the level of restricted use within some of the zones. He stated this could have a harmful effect, especially on proposed projects which may have merit but which.would be frozen out because the use within the zone (not the density.or the zone itself) is restrictive and too limited. Council discussed various amendments they would like .to. see: added to the Zoning.Regulations the.next.time_.it comes.up:for review. These items included: O 'school tenant uses;.2),discharges to public sewer system; 3).mineral extraction; 4) less use of words i.e. etc., alike, related. After brief discussion it was moved by Councilman Griffin, seconded by Councilman Dunin, 1the following, ordinance :be. introduced in synopsis form: Ordinance No. 941 (1982 Series), an ordinance of the City of San Luis; ispo. amending .the iZoning, Regulations. including the matrix supplement to Exhibit A. Introduced to print on the following roll call vote: AYES: Councilmembers Griffin, Dunin, Dovey and Mayor Billig NOES: Councilman Settle 'ABSENT: None On motion of Councilman Dunin, seconded by Councilman Settle, to direct the,CAO_ and Mayor to write a. letter to the school district encouraging them'to meet with the Community:Development Director regarding various permit uses. (5 -0) 8:20 p.m: -Mayor Billig declared a recess.. 8:35 p.m.. City Council. reconvened, all Councilmembers present. 4. PARKING STRUCTURE_ A. Council considered a.resolution modifying contract with MDW for - architectural' services in the amount of $210,200 in connection with the parking garage proposal. Wayne Peterson,.City Engineer, briefly reviewed .the recommended. action to adopt the resolution approving the amendment dated August 19, 1980, between the City.:and.MDW Associates (see file no. 554).. Mayor Billig opened the discussion for public comment. No-one spoke for or against the proposed resolution. Mayor Billig closed public discussion. City Council Minutes Tuesday, November 16,'1982 - 7:OO p.m. Page 6 On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4993 (1982:,Series), a resolution of the Council of the City of San Luis Obispo approving an amendment to the agreement dated August 19, 1980, between the,City and MDW Associates for architectural services in connection with the parking garage project. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor':Billig NOES: None ABSENT: None, B. Council considered a resolution to approve an-agreement between the City and Jones, Hall, Hill and White for approximately $30,000 to provide legal services for.lease= purchase financing of a multi. -story parking structure in San Luis Obispo.. Wayne Peterson, City Engineer, briefly reviewed the staff recommended action to adopt the resolution to provide the.legal services;f_o_r_...the financing of a multi -story parking structure: Mayor Billig opened discussion for public comment. No one spoke for against the proposed resolution. Mayor Billig closed public portion. On motion of Concilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: .Resolution No. 4994 (1982 Series), a resolution of the Council of the City of San Luis Obispo approving an agreement-between the City.and Jones;.Ha11;.Hill.and White to-provide legal services for a lease - purchase financing of a multi-story-parking structure. Passed and adopted on the folldwing.roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None 5. MARSH STREET PARKING LOT Council considered a resolution of Preliminary Determination and Inten- tion to make acquisitions and improvements for the Parking Assessment District of 1983 at the Marsh Street surface parking lot. Wayne Peterson, City Engineer, reviewed the Council agenda report (file no. 554) with the recommended.action: that Council adopt.the.P.reliminary Determination and Intention to make acquisitions and improvements-for the downtown Parking Assessment District 1983. He cautioned that the Council note the schedule attached was tentative only and there would be revisions made to it. The main time factor that could not be solidly adhered to would be concerning the acquisitions of various properties. This resolution was the first step in the process of forming an.assessment district. A boundary map has been filed in the City Clerk's Office setting out the boundaries for the proposed assessment district. This particular resolution identifies the properties which would be purchased with the proceeds of the assessment district and describes in-general terms of the project. The resolution calls for the filing of an engineer's report at a future date to more completely describe the project. The passage of the resolution would not guarantee that the Council would need to continue the project or approve it in the future; however, failure to pass the resolution would prohibit Council from proceeding with the project: Mayor Billig opened discussion for public comment. No one spoke for or against the proposed resolution. Mayor Billig closed public portion. 1 1 City Council Minutes Tuesday, November 16,, 1982 - 7:00 p.m. Page 7 On motion of Councilwoman Dovey, seconded by Councilman Settle, the following resolution was introduced: Resolution No. 4995 (1982 Series), a resolution of Preliminary Determination: and Intention to make acquisi- tions and improvements for the downtown Parking Assessment District of 1983. Passed and adopted on the following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: ;_ None C O M M U N I C A T I O N 1, CHILD DISCRIMINATION After brief discussion Council directed the City Administrative Officer to write a letter to the Human Relations.Commission notifying them of Council's support for the HRC to pursue its research and evaluate child discrimination in housing. (5 -0) - 2. CIP UPDATE & TREE PLANTING PROGRAM Council set December 14, 1982, for discussion of CIP Update concerning streets and sidewalks and downtown street tree plantings. (5 -0) 8:45 p.m..Mayor Billig adjourned the Council to closed session to discuss litigation matters. 10:00 p.m. City Council reconvened in open session, all Councilmembers present. There being no further business to come before the City Council, Mayor Billig adjourned the meeting at 10:00 p.m. to Tuesday, November 23, 1982, at 5:30 p.m. in the Hearing Room. a e a Voges, C' y Clerk APPROVED BY COUNCIL: 1/4/83 M I N U T E S SPECIAL CALLED MEETING OF THE CITY COUNCIL CITY-OF SAN LUIS OBISPO. FRIDAY, NOVEMBER 19, 1982 - 1:00 P.M. - COUNCIL:HEARING ROOM, CITY HALL, 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA STUDY SESSION ROLL =CALL Councilmembers Present: GlennaDeane Dovey, Ron Dunin, Robert Griffin; Allen Settle and Mayor Melanie C. Billig Absent: None