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HomeMy WebLinkAbout05/15/1990City Council Minutes Tuesday, May 15, 1990 - 7:00 p.m. Rappa, Bill Roalman and Mayor Ron Dunin Absent: None City--Staff Page 2 Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas, Community Development Director; Dave Romero, Public Works Director; Ken Hampian, Assistant City Administrative Officer; Mike Dolder, Fire Chief; Bill Statler, Director of Finance; Ann McPike, Personnel Director; Bill Hetland, Utilities Director; Tom Baasch, Chief Building Official; Allen Short, Water Division Manager; Erwin Willis, Fire Marshal ----------------------------------------------------------------------------- No public comment was received. CONSENT AGENDA Moved by Ravva /Roalman (5 -0) the consent calendar was unanimously approved as recommended by the City Administrative Officer, with the exceptions of C -3, C -4, C -5 and C -7 as noted. C -1 COUNCIL MINUTES The following minutes were approved as amended: Wednesday, April 4, 1990 at 7:00 p.m. C -2 PENALTIES FOR INFRACTION VIOLATIONS (File No. 302) Council considered giving final passage to an ordinance increasing the maximum penalties -for first, second and third infraction violations to provide penalities of $100, $250 and $500, respectively (continued from 5/1/90). Moved by Ravva /Roalman (5 -0) Ordiunance No. 1166 was given final passage increasing the maximum penalties for infraction violations as recommended. C -3 DOWNTOWN STREET LIGHTING PROJECT (City Plan No. N -09B) Council considered approving plans and specifications for Downtown Street Lighting Replacement Project (City Plan No. N -09B) estimated to cost $102,000 excluding contingencies (continued from 3/6/90 and 5/1/90). Moved by Raooa /Roalman (5 -0) item deferred until after review of budget to discuss water revenue shortfall (tentatively scheduled for 6/12/90). 219 220 City Council Minutes Page 3 Tuesday, May 15.1 1990 - 7:00 p.m. C -4 PLANNING COMMISSION & ARCHITECTURAL REVIEW COMMISSION COMPENSATION (File No. 406) Council considered adjusting compensation for the Planning Commission and the Architectural Review Commission. Staff was recommending Council approve an increase in compensation to Planning Commissioners equal to $25.00 per meeting, with a monthly maximum of $100.00, and mileage reimbusement for Architectural Review Commissioners at a rate of .24 cents per mile with review of Planning Commission and Architectural Review Commission compensation every four years. Councilwoman Ravva felt the Architectural Review Commission should be compensated equal to that of the Planning Commission. Moved by Roalman /Ravva (4 -1, Councilman Reiss voting no) Resolution No. 6805 adopted approving an increase in compensation to the Planning Commissioners and the Architectural Review Commissioners equal to $25.00 per meeting with a monthly mazimum of $100.00. C -5 MARGARITA SPECIFIC PLAN GUIDANCE PACKAGE (File No. 441) Council considered an outline of staff and consultant tasks and a schedule for preparing a draft specific plan for the Margarita expansion area, east of Margarita Avenue (SP 1404 /GP /R 1403) (continued from 1/31/89, 12/5/89 and 4/17/90). Councilman Roalman stated for the record that he felt this item should wait until after the General Plan Update. At this point it appeared that the project was being fast tracked. Moved by Dunin /Ratma (4 -1, Councilman Roalman voting no) the Guidance Package was approved as recommended. Motion carried. C -6 SALES TAX AUDIT (File No. 231) Council considered approving a sales tax audit and information services agreement. Moved by Rama / Roalman (5 -0) Resolution No. 6806 was adopted authorizing certain city officials and a city contractor access to sales and use tax records and Director of Finance authorized to approve and sign an agreement (A39- 90 -CC) for sales tax audit and information services with Hinderliter, De Llamas and Associates as recommended. Motion carried. C -7 SATELLITE MAPPING Council considered awarding a contract for a Horizontal Control Network throughout the City in the amount of $45,000. Moved by RaDVa /Roalman (5 -0) this item deferred until after review of budget to discuss water revenue shortfall (tentatively scheduled for 6/12190). 221 City Council Minutes Page 4 Tuesday, May 15, 1990 - 7:00 p.m. -- ----- ----- -- --- ---- --- --- - --- COUNCIL LIAISON REPORTS LR 1. CMC CITIZENS' ADVISORY COMMITTEE Upon general consensus (5 -0), the Council Liaison Reports were continued to Tuesday, May 22, 1990 at 7:00 p.m., due to the length of the agenda. ----------------------------------------------- --- -- ----- ---------- ---- -- - - -- PUBLIC HEARINGS 1. MANDATORY WATER CONSERVATION (File No. 517) Council held a public hearing to consider a revised mandatory water conservation program to establish a 35% conservation level (continued from 2/26/90, 3/6/90, and 4/17/90). Bill Hetland, Utilities Director, reviewed the agenda report with the recommendation that Council - 1) direct staff to (a) establish an optional procedure for multi -meter complexes to combine billing accounts upon request and (b) continue annual redistribution program, 2) adopt a resolution amending the Mandatory Water Conservation Implementation Policy Statement to establish a 35% conservation level, and 3) introduce and give final passage to an urgency ordinance amending Sections 13.07.060 through 13.07.110 relating to water conservation. Mayor Dunin declared the public hearing open. Joe Anderson, Kindred Court, requested clarification regarding multi - family distribution. Brett Cross, 1217 Mariner's Cove, also asked for clarification. Mayor Dunin declared the public hearing closed. Councilwoman Rappa suggested amending the proposed resolution Section 1.2 to delete "the address resident would be responsible for the manner and extent of use and runoff ". She recommended that it be left that the customer of record be responsible for payment and service. Regarding the urgency ordinance, she recommended addition that "potable City water not be used for..new or major construction projects" and recommended a new Section D to read "New landscaping is prohibited and the Council shall adopt, by resolution, procedures to implement this section ". Councilwoman Pinard urged against any type of banking of water. She felt this defeated the water conservation program purpose and would only support an annual distribution. After discussion, moved by Racpa /Reiss (5 -0) to establish an optional procedure for multi -meter complexes to combine billing accounts and continue the annual redistribution system to all customers. 222 City Council Minutes Page 5 Tuesday, May 1990 - 7:00 p.m. Moved by Rao„ _.::nin (4 -1, Councilwoman Pinard voting no) Resolution No. 6807 adopted amendxug the Mandatory Water Conservation Implementation Policy Statement establishing a 35% conservation level with amendment to Section 1.2, with wording as recommended by Councilwoman Rappa. Moved by Raooa /Roalman (5 -0) Urgency Ordinance No. 1168 adopted amending the Municipal Code relating to water conservation with amendments to include prohibiting potable water for new or major construction, and prohibiting new landscaping with staff to draft resolution establishing procedures. Motion carried. 2. MOBILE HOME RENT CONTROL (File No. 428) Council held a public hearing to consider control of rents upon the sale of mobile homes located in parks subject to Mobile Home Rent Stabilization (continued from 5/1/90). Mayor Dunin stepped down due to a possible conflict of interest; Vice -Mayor Reiss presiding. Jeff Jorgensen, City Attorney, reviewed the agenda report with the recommendation that Council introduce to print an ordinance amending Section 5.44.060C of the San Luis Obispo Municipal Code to provide for decontrol of rents upon the sale of mobile homes located in parks subject to mobile home rent stabilization. Vice -Mayor Jerry Reiss declared the public hearing open. No one spoke for or against the proposed ordinance. Vice -Mayor Reiss declared the public hearing closed. After brief discussion, moved by Roalman/Pinard (4 -0 -1, Mayor Dunin absent) to introduce to print Ordinance No. 1167 amending Section 5.44.060C of the Municipal Code to provide for decontrol of rents upon the sale of mobile homes as recommended. Councilman Roalman stated that if there was any new developments in the Hall case, he would be willing to bring this back for reconsideration. After additional discussion and upon general consensus, staff was directed to report back with an amendment to the Ordinance relative to limiting the number of times rate increases can be made under decontrol and to post or advertise all rates at least annually. Mayor Dunin returned to the dais. 3. HUMAN RELATIONS COMMISSION 1990 -91 GRANTS -IN -AID (File No. 1045) Relations Commission for Grants -In -Aid funding for FY 1990 -91. Council held a public hearing to consider recommendations by the Human 223 1 City Council Minutes Tuesday, May 15, 1990 - 7:00 p.m. Page 6 Alison Lloyd, Administrative Analyst, reviewed the agenda report with the recommendation that Council - 1) consider the recommendations from the Human Relations Commission for Grants -In -Aid funding, and determine the appropriate level of City support for FY 1990 -91, and 2) adopt a resolution authorizing staff to develop and ezecute agreements with each Grants -In -Aid recipient as listed below: 1990 -91 HRC 1990 -91 HRC Second Agency Recuest Recommend. Recommend. Casa Solana 10,000 4,000 1,000 SLO Litercay Council 7,000 2,500 SLO Child Dev. Center 13,606 8,000 1,000 Women's Shelter Prgm 11,500 8,000 1,000 Alano Club 3,276 -0- American Red Cross 7,500 3,500 1,000 4 -H Youth Program 5,310 1,600 Hotline 6,500 3,000 2,000 Poly Pals Program 1,900 650 HOC Senior Health Program 4,305 3,000 1,000 EOC Family Planning 7,500 3,500 1,000 Caring Callers 2,000 1,500 RSVP 750 Alpha 3,000 1,500 1,000 Easter Seal Society 1,500 1,000 Mental Health Association 6,000 4,000 United Methodist Center 81513 -0- Rape Crises Center of SLO 10,432 5,500 1,000 Chris Jespersen Society 9,789 2,000 Ad Care Assn., Inc. 7,176. 2,000 Am. Legion Templeton 220 2,000 -0- Salvation Army 25,000 13,500 4,000 Family Services Center 60000 4,000 Long Term Care Ombudsman 5,000 1,750 Hospice 14,000 5,000 1,000 Children's Home Society 3,000 1,500 1,000 Grassroots (ineligible) TOTAL: 186,557 81,000 16,000 Councilman Roalman stated he could support the $81,000 recommendation as requested by the Human Relations Commission. Councilwoman Ravaa suggested that this item be referred to the HRC with direction that HRC stay within the $70,000 budgeted amount and determine where the cutbacks should occur. The Council has already supported the Homeless Shelter in the amount of $117,000, and it was therefore important to stay within the budgeted amount. Councilman Reiss stated he could support the $81,000 recommendation. City Council Minutes Page 7 Tuesday, May 15, 1990 - 7:00 p.m. Councilwoman Pinard stated she would prefer the grants stay within the $70,000 budgeted amount. After discussion, moved by Rappa /Pinard (3 -2, Councilmembers Reiss and Roalman voting no) to direct staff to refer the Grants -In -Aid recommendations to the Human Relations Commission for re- evaluation with direction to amend its recommendations to stay within the budgeted amount of $70,000. Notion carried. Moved by Raoua /Roalman (5 -0) that the Human Relations Commission be directed to include as part of their work program, a review of next year's Grants -In- Aid proposed budget and provide for a reserve amount to be used for unforseen needs. Motion carried unanimously. Mayor Dunin allowed public comment. Mr. Scoaains, representing the American Legion, urged Council to reconsider their request. He felt it was unfair that although they were unable to make it to the Grants -In -Aid required training seminar, that their request had merit and should have been allowed. moved by Roalman /Raova (4 -1, Mayor Dunin voting no) that Council reaffirm support of the current Human Relations Commission Grants -In -Aid Guidelines, and that the American Legion application be denied. motion carried. Upon general consensus (5 -0), Council referred the Alano Club request to waive certain parking fees be processed as part of the Grants -In -Aid Program. 4. WOKEN'S SHELTER FUNDING (File No. 1011) Council held a public hearing to consider a request by the Women's Shelter Program for City sponsorship of a State grant which includes a $6,000 cash contribution by the City (continued from 2/6/90 and 2/20/90). Alison Lloyd, Administrative Analyst, reviewed the agenda report with the recommendation that Council: 1) adopt a resolution approving the request by the Women's Shelter Program for City sponsorship of a State Planning and Technical Assistance Grant, which includes the $6,000 cash contribution by the City, and 2) approve and authorize staff to submit a grant application for a $24,000 State Planning and Technical Assistance Grant. Mayor Dunia declared the public hearing open. No one spoke for or against the proposed request. Mayor Dunin declared the public hearing closed. Moved by Raova /Pinard (5 -0) Resolution No. 6808 adopted approving the request by the Women's Shelter for the City sponsorship as recommended. Notion carried. 225. City Council Minutes Page 8 Tuesday, May 15, 1990 - 7:00 p.m. Moved by Rapp /Reiss (5 -0) that staff be authorised to submit a grant application for $24,000 State Planning and Technical Assistance Grant as recommended. S. 1988 UNIFORM FIRE CODE (File No. 726) Council held a public hearing to consider approving the 1988 Uniform Fire Code including amendments. Mike Dolder, Fire Chief, reviewed the agenda report with the recommendation that: 1) Council introduce an ordinance to print amending the San Luis Obispo Municipal Code, Chapter 15, Section 15.08.010 adopting the 1988 Uniform Fire Code and repealing and replacing Sections 15.08.040 through 15.08.350, and 2) by motion, staff be directed to bring back the Capital Improvement Program request for a yearly allocation of $55,000 over a nine -year period for water line connections in the downtown core for buildings requiring a retrofit fire - sprinkler system by the code adoption. Mayor Dunin declared the public hearing open. Bill Pyver, chairman of the Citizen's Advisory Committee, spoke in support of the proposed recommendation. Maggie Cox, Chamber of Commerce, stated that the Chamber was supportive of the proposed amendments, but would prefer to see the implementation date be amended to January 1, 1992. Howard Carroll, President of San Luis Obispo Property Owner's Association, expressed concern for the 200 plus businesses in the downtown that will be negatively impacted for long periods of time. He felt it posed an economic hardship and would be difficult to obtain conventional funding for the improvements. Sol Aaron, Insurance Consultant, spoke in support of the City fire sprinkler requirements. Tom Bill, 86 Monterey Street, spoke in opposition, felt this was too much of a financial hardship on businesses. Sake Reindersma, AIA, suggested amended wording. He too supported an extended deadline, and felt this could have severe economic repurcussions. Vic Montgomery, 3026 South Higuera Street, echoed comments made by Mr. Carroll. He felt the City needed to work with the banks, or apply for some type of grant funding in order to make this a reality. Mary Mitchell Leitcher, 1015 Nipomo Street, felt this was too costly and would like the City to look at some type of economic relief to property owners. Rick wiagers also expressed concern about the cost. 226 City Council Minutes Page 9 Tuesday, May 15, 1990 - 7:00 p.m. Mayor Dunin declared the public hearing closed. Councilwoman R8ADa suggested that the City look at some type of redevelopment agency and look at ways to assist the property owners in order to save the older buildings, without providing too much of a hardship. She also felt the BIA needed to be active in coordinating the enactment of this bill. Councilman Roalman expressed concern about the potential economic impacts to the downtown, particularly for the small businesses. Councilman Reiss also expressed concern with the economic viability of the proposed program. Mayor Dunin urged that the City look at a redevelopment agency. He felt the City needed to develop a program to help the downtown, including a bond, if necessary. Staff and business people need to work together. The Downtown Master Plan should be completed. He would support the later date of . January 1, 1992. The viability of the downtown should be a high priority, he suggested formation of a committee to include members of the BIA, the Chamber of Commerce and staff. After discussion, moved by RavDa /Roalman (5 -0) Ordinance No. 1170 was introduced to print amending the San Luis Municipal Code to adopt the latest addition to the Uniform Fire Code. Motion carried. Moved by Ranoa /Roalman (4 -1, Councilman Roalman voting no) that staff be directed to incorporate the downtown retrofit infrastructure implementation with the CIP and bring it back, with discussion of the Water Management Plan. Motion carried. 6. 1988 UNIFORM CODE AMENDMENTS (File No. 402) Council held a public hearing to consider adopting the 1988 Uniform Administrative, Building, Mechanical, Plumbing, Housing and Dangerous Building Codes. Tom Baasch, Chief Building Official, reviewed the agenda report with the recommendation that Council introduce the ordinance to print adopting the 1988 edition of the codes as recommended in the staff report. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed amendments. Mayor Dunin declared the public hearing closed. Moved by Roalman /Raps (5 -0) Ordinance No. 1169 was introduced to print repealing Chapter 15.04 of Title 15 of the Municipal Code, and creating a new Chapter 15.04 adopting the 1988 editions of the Uniform Codes with amendments as recommended in the staff report. Motion carried. 227 City Council Minutes Tuesday, May 15, 1990 - 7:00 p.m. 7. RETROFIT FEES (File No. 517) -Page 10 Council held a public hearing to consider amending the City's fee schedule to increase fees for water conservation offsets (retrofitting). Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council, by resolution, set a fee of $50.00 for each retrofit proposal plus $10.00 for each dwelling or motel room being retrofitted. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed fees. Mayor Dunin declared the public hearing closed. Moved by Raooa /Pinard (5 -0) Resolution No. 6809 was adopted amending the City's fee schedule for retrofit proposals as recommended by staff. Motion carried. 8. APPEAL - PLANNING COMMISSION (File No. 407) Council held a.public hearing to consider an appeal by the San Luis Drive Neighborhood Association of a Planning Commission action upholding the Hearing Officer's approval of a home occupation permit for a painting contractor's business at 1921 San Luis Drive; Wayne and Deborah Johnson, applicants. Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution upholding the Planning Commission's action approving the home occupation permit subject to the recommended findings and conditions in the staff report. Mayor Dunin declared the public hearing open. Jane Anderson, speaking on behalf of the neighborhood, felt the home occupation permit process needed revisions and urged that this project be deferred until that could happen. Mayor Dunin declared the public hearing closed. After discussion, moved by Roalman / Dunin (4 -1, Councilwoman Rappa voting no) to adopt Resolution No. 6810 upholding the Planning Commission's action approving the home occupation permit as recommended. Motion carried. 9. PUBLIC ART PROGRAM (File No. 477) Council held a public hearing to consider approving a City -wide Public Art Program (continued from 2/5/90 and 5/1/90). Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution creating a Visual Arts in 228 City Council Minutes Page 11 Tuesday, May 15, 1990 - 7:00 p.m. Public Places Program. He stated that it would establish: 1) goals and objectives, 2) a streamlined review process, 3) review guidelines, 4) criteria for matching grant funding, 5) a funding level of one percent of the total construction cost for new city capital projects, and 6) incentives for private installation of public art. The City's role in funding and promoting public art would be expanded and the Arts Council would advise City staff and the Architectural Review Commission on Public Art and be a liaison between the City, developers and artists. Mayor Dunin asked for public comment. No one spoke for or against. After brief discussion, moved by Roalman /Pinard (5 -0) Resolution No. 6111 was adopted creating a Visual Arts in Public Places Program with funding allocation deferred until review of the budget to discuss water revenue shortfall. - 10. PRIVATELY DEVELOPED WELLS (File No. 517) Council held a public hearing to consider a policy for the use of privately developed wells in exchange for development rights. At the request of staff, this item was tentatively rescheduled for June 6, 1990. ----------------------------------------------------------------------------- COMMUNICATIONS C -1 Request by Councilman Roalman to oppose AB 4298 regarding recycling costs referred to staff to be agendized for 5/22/90 meeting. C -2 Request by Councilman Roalman for reconsideration of Propositions 111 and 108. Upon general consensus (3 -2, Councilmembers Rappa and Pinard voting no) Council supported agendizing reconsideration at the 5/22/90 meeting. C -3 At the request of staff, Council supported holding an additional Council meeting on Monday, June 11, 1990 at 7:00 p.m. C -4 Request by Mayor Dunin to re- examine cost of appeals to Council referred to staff for report. C -5 Upon general consensus (3 -2, Councilmembers Reiss and Dunin voting no) Council supported agendizing the request by Councilman Roalman at the next available meeting to support County Measure A on the June 5, 1990 ballot. 11:30 p.m., there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Monday, May 2 990 at 12:10 p.m. APPROVED BY COUNCIL: 6/19/90 c- i . `% PV:nlo Pam Voaes. Cit Clerk u