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HomeMy WebLinkAbout06/06/1990Ir J Fi City Council Minutes Wednesday, June 6, 1990 - 7:00 p.m. 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; Jim Gardiner, Police Chief; Glen Matteson, Associate Planner; Judy Lautner, Associate Planner; Debi Hossli, Administrative Analyst ----------------------------------------------------------------------- PUBLIC COMMENT P.C.1 Richie Ray Walker again expressed concerns about stop signs at North Broad Street. ---------------------------------------------- --- ---- --------- -- ---- ---- -- CONSENT AGENDA Moved by Roalman /Pinard (5 -0) the Consent Agenda was approved as recommended by the City Administrative Officer with the exceptions of C -9, C -11 and C -14. as noted. C -1 COUNCIL MINUTES The following minutes were approved (5 -0) as amended: Tuesday, April 17, 1990 at 6:30 p.m.; Monday, April 30, 1990 at 5:00 p.m; Monday, April 30, 1990 at 7:30 p.m.; Tuesday, May 1, 1990 at 7:00 p.m.; and Monday, May 21, 1990 at 12:10 p.m. C -2 CONTRACT PAY ESTIMATES Contract pay estimates and change orders approved (5 -0) and ordered paid as recommended. C -3 MOBILE HOME RENT CONTROL (File No. 428) Council considered giving final passage to an ordinance amending the Municipal Code to provide for decontrol of rents upon the sale of mobile homes located in parks subject to Mobile Home Rent Stabilization (continued from 5/1/90 and 5/15/90). Moved by Roalman /Pinard (5 -0) Ordinance No. 1167 given final passage providing for decontrol of rents upon sale of mobile homes as recommended. C -4 LATE CLAIM APPLICATION (File No. 189) Council considered a late claim application submitted by the estate of A.J. Duvaul for damages under the Government Tort Claims Act. Moved by Roalman /Pinard (5 -0) Resolution No. 6814 adopted granting the late claim application of the estate of A.J. Duvaul as recommended. 257 258 City Council Minutes Wednesday, June 6, 1990 - 7:00 p.m. C -5 1988 UNIFORM FIRE CODE (File No. 726) Page 3 Council considered giving final passage to an ordinance amending the Municipal Code to adopt the latest edition of the Uniform Fire Code, including amendments (continued from 5/15/90). Moved by Roalman /Pinard (5 -0) Ordinance No. 1169 given final passage adopting the 1988 editions of the Uniform Codes with amendments as recommended. C -7 EARTH STATION LEASE (File No. 521) Council considered renewal of lease with RCS% for Earth Station "receive only" facility at the City's wastewater treatement plant in the amount of one dollar per year for the term of ten years. Moved by Roalman /Pinard (5 -0) Resolution No. 6815 adopted approving agreement (A43- 90 -CC) between the City and KCB% for the lease of a site for an earth station facility at the City wastewater treatment plant as recommended. C -8 SIDEWALK IMPROVEMENT PROJECT (City Plan No. P- 07B -RB) Council considered awarding a contract for "Sidewalk Improvement Project: Meadow St. - Funston Ave. and South Street ", City Plan No. P- 07B -RB; bids opened on 5/17/90 (continued from 1/2/90). Moved by Roalman/Pinard (5 -0), Brinar Concrete awarded contract (A31- 90 -CA) in the amount of $40,644.60 as recommended. C -9 UTILITY VEHICLES (File No. PWV 90 -007) At the request of Councilman Reiss, consideration of specifications for four dump trucks, one asphalt patch truck and one 2,000 gallon water truck was continued to Tuesday, June 19, 1990. C -10 SEWER MAIN PROJECT (City Plan No. P -04R) Council considered plans and specifications for "Sewer Main Reconstruction Project: Rockview Easement ", City Plan No. P -40R; engineer's estimate $91,380.00 including contingencies. Moved by Roalman /Pinard (5 -0) plans and specifications approved for "Sewer Main Reconstruction Project: Rockview Easement, City Plan No. P -40R" (A44 -90- CCN), staff authorized to advertise for bids and CAO authorized to award contract to lowest responsible bidder as recommended. C -11 STREET REPAINTING PROJECT (City Plan No. P -52A) Council considered plans and specifications for the "1990 Street Repainting Lane Striping Project" (repainting all lines within the City limits), City Plan No. P -52A; engineer's estimate $30,000. Moved by Roalman/Pinard (4 -1, Mayor Dunin voting no) plans and specifications approved for Street Repainting Lane Striping Project (A45- 90 -CCN), staff authorized to advertise for bids and CAO authorized to award contract to lowest responsible bidder as recommended. 1 C 1 259 City Council Minutes Page 4 Wednesday, June 6, 1990 - 7:00 p.m. C -12 WASTEWATER TREATMENT PLANT DIGESTER (City Plan No. P -38S) Council considered plans and specifications for "Wastewater Treatment Plant Digester #1 - Repair, Phase 10, City Plan No. P -38S; engineer's estimate $41,000. Moved by Roalman /Pinard (5 -0) plans and specifications approved for Wastewater Treatment Plant Digester No. - Repair ", City Plan No. P -38S (A29- 90 -CA), staff authorized to advertise for bids, and CAO authorized to award contract to the lowest responsible bidder as recommended. C -13 GROUNDWATER BASIN EVALUATION (File No. 517) Council considered a groundwater evaluation study contract with Boyle Engineering Corporation. Moved by Roalman /Pinard (5 -0) Resolution No. 6816 adopted authorizing the CAO to negotiate a contract (A46- 90 -CCN) for professional engineering services with Boyle Engineering Corporation at a cost not to exceed $32,155.00 as recommended. C -14 JANITORIAL SERVICES CONTRACT (JAN 900001) Council considered a Janitorial Services Contract (Specification No. JAN - 900001) for the Corporation Yard, 955 Morro Street, 860 Pacific, the Swim Center, Sinsheimer Park Concession Stand and Meadow Park Center estimated to cost $68,400 per year. Councilmember Reiss stepped down due to a possible conflict of interest. Moved by Roalman/Pinard (4 -0 -1, Councilmember Reiss absent) specifications approved for Janitorial Services, staff authorized to advertise for bids and CAO authorized to award contract (A47- 90 -CCN) to lowest responsible bidder as recommended. C -15 COMMUNITY /SENIOR CENTER FACILITIES (File No. 861) Council considered a request for consultant proposals (RFP) to study new community and senior center facilities estimated to cost $50,000. Moved by Roalman /Pinard (5 -0) staff directed to issue a RFP (A48- 90 -CCN) for community and senior center facilities study as recommended. C -16 (File No. 622) Council considered salary adjustments for the City Administrative Office, City Attorney and City Clerk. Moved by Roalman /Pinard (5 -0) Resolution No. 6817,.Resolution No. 6822 and Resolution No. 6823 adopted adjusting annual salary for the CAO, City Attorney and City Clerk as recommended. 260 City Council Minutes Wednesday, June 6, 1990 - 7:00 p.m. C -17 PUBLIC ART SELECTION (File No. 477) Page 5 Council considered the public art selection for the Marsh Street parking structure at the corner of Marsh and Chorro Streets. Moved by Roalman /Pinard (5 -0) the selection of ceramic medallions created by Michelle Griffoul confirmed and CAO authorized to enter into a contract (A49- 90 -CC) with Ms. Giffoul in an amount not to exceed $9,000.00 as recommended. C -18 RECYCLING BILL (File No. 481) Council considered State Assembly Bill 4298 which proposes to relieve beverage container manufacturers from paying processing fee provision of the state's beverage container recycling and litter reduction act. Moved by Roalman /Pinard (5 -0) Resolution No. 6818 adopted opposing Assembly Bill 4298 as recommended. ----------------------------------------------------------------------------- PUBLIC HEARINGS 1. TENTATIVE MAP - EDNA -ISLAY SPECIFIC PLAN (File No. 410) Council held a public hearing to consider a vesting tentative map for Tract 1750 creating a 251 -lot residential subdivision and an 88 -unit residential air -space condominium within the Edna -Islay Specific Plan area; 1107 Tank Farm Road; R -1 -SP, and C /05-40; Pacifica Corporation, subdivider (continued from 5/1/90). Arnold Jonas, Community Development Director, briefly reviewed the agenda report with the recommendation that Council open the public hearing, take public testimony for a couple of hours, and continue the hearing to the July 3, 1990 Council meeting, with direction for clarifying any specific issues or concerns identified this evening. The recommended action at that time would be to adopt the resolution with amended conditions, if any, and introduce an ordinance to print approving the planned develpment rezoning. Councilwoman Pinard felt that the proposal should go through the Transit Manager to look at layout and accessibility for bus transportation. Councilman Roalman expressed a concern whether the Specific Plan should have been amended when the bikeway path issue was changed. Mayor Dunin declared the public hearing open. Mr. Ed Lorenzo, Pacifica Corporation, reviewed the history of the project and the plans for the proposal emphasizing it provide more affordable housing than required, restoration of the historical adobe, creek restoration, considerable open space, and 9.8 acres of park. John Wallace, Wallace a Associates, representing the Pacifica Corporation, provided a slide presentation of the project. Beverly Haves, representing Payak, Inc., read a letter into the record dated June 6, 1990, stating that the environmental impact report prepared for the original Edna -Islay Specific Plan, was not adequate for the proposed City 261 Council Minutes Page 6 Wednesday, June 6, 1990 - 7:00 p.m. development. A subsequent or expanded EIR should be prepared before project approval. She felt that a significant change to the project was the proposed routing of a bicycle and pedestrian pathway through a natural preserve, which included sensitive riperian habitat. Further,there were three candidate endangered species on the site, that of the Pacific Pond Turtle, Red Legged Frog and Two- striped Garter Snake. Judy Newhauser submitted a letter into the record on behalf of the Urban Creeks Council urging requirement of an amendment to the environmental impact report prepared for the Edna -Islay Specific Plan. Richie Ray Walker, 28 La Entrada, was opposed to the project, particularly in light of drought. Adele Stern, 4444 Orcutt Road, was concerned about where the houses were to be built on the east side of Islay Hill, the drainage basin, the open space easement on Islay Hill, and the exception for the buffer zone to provide mitigation of noise. Mr. John Chestnut, 314 Higuera, spoke to the credibility of the turtle study offer. Robert Stern, 4444 Orcutt Road, supported the staff recommendation, but was concerned that any buildings not occur any higher on the Islay hillside than originally proposed. Peter Miller, attorney representing Northland's N.T., took exception to some comments made by Mr. Chestnut. Brett Cross, 1217 Mariner's Cove, spoke in opposition of the project, felt it would hurt air quality and traffic circulation. He felt the project should have an environmental impact report. Melanie Billies, former Councilmember, felt that another meeting to discuss this project was in order, that there was too much information still not available. George Movlan, Housing Authority, supported the project. Mayor Dunin closed the public portion of the meeting. Councilwoman RaDDa suggested that staff look at CEQA compliance, new detention basins, and prepare an analysis for matching fund grants for the adobe prior to this item coming back to the Council. Councilman Roalman asked staff to report back on whether the Specific Plan changes should have required public hearings. After discussion, moved by Raopa /Reiss (5 -0) to continue the public hearing to date certain July 3, 1990. 9:20 p.m., Mayor Dunin declared a recess; 9:30 p.m., City Council reconvened, all Councilmembers present. 262 City Council Minutes Page 7 Wednesday, June 6, 1990 - 7:00 p.m. 2. APPEAL - PLANNING COMMISSION - APPLE -FARM (File No. 407) Council held a public hearing to consider an appeal by Bonnie Garritano, et al., of Planning Commission approval of a use permit allowing a 20% mixed use parking reduction at 2015 and 2121 Monterey Street (Apple Farm); Bob Davis, applicant (continued from 4/17/90 and 5/1/90). Mayor Dunin stepped down due to a possible conflict of interest; Vice -Mayor Reiss presiding. Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution denying the appeal and upholding the Planning Commission approval of the use permit subject to the conditions as recommended. Vice -Mayor Reiss declared the public hearing open. Bonnie aarritano expressed concern about the way the compact spaces had been counted, felt there was still sixteen short of the parking regulations. Mary Jo Devitt, 1690 San Luis Drive, nearby resident, spoke in support of the request; did not feel parking was a problem. Anna Fleming, 1879 San Luis Drive, spoke in support of the use permit allowing a mixed use parking reduction. Dean Hutton, Manager of Apple Farm, spoke in support of the application. Debra Johnson, 1921 San Luis Drive, stated she had not been approached by the San Luis Neighborhood Association, that she did support the request. John Fleming, 1879 San Luis Drive, spoke is support of the Apple Farm request. He also read a letter into the record from a Ralph L. Cooler, urging support. Rick Racouillat, Attorney, but not representing them Apple Farm this evening, spoke in support of allowing box lunches on the Mill House patio. Mr. Gerald Smith, 1819 San Luis Drive, spoke in support of the proposal, and did not think noise was a problem. He felt that the Monday Club and others were worse. Pierre Rademaker, 82 Chuparrosa, on behalf of Steve McEddy, landscape architect of the project, read a letter into the record supporting the proposal. Chase Hockey, 1842 San Luis Drive, spoke against the mixed use reduction. Joan Roberts, 1854 San Luis Drive, also opposed the request. Jane Anderson, 1927 San Luis Drive, spoke in opposition of the request. Bob Davis, the applicant, 1855 San Luis Drive, spoke in support and again urged the Council to at least give them a trial period. He was willing to reduce the hours when the box lunches would be served, eliminate food warming, incidental food preparation or whatever it would take to obtain approval. 1 1 1 City Council Minutes Wednesday, June 6, 1990 - 7:00'p.m. Page 8 Duane Yount stated that the neighbors opposing the parking request were not representing the San Luis Neighborhood Association. He urged against the request for mixed use parking reduction. Katie Davis, also an owner, spoke in support. Vice -Mayor Reiss closed the public hearing. Councilwoman Pinard stated she was supportive of the mixed use primarily because it included a trip reduction program. After discussion, moved by Pinard /Roalman (3 -1 -1, Councilwoman Rappa voting no, and Mayor Dunin absent) Resolution No. 6819 was adopted denying the appeal and upholding the Planning Commission approval of the use permit subject to conditions as amended (3 -b; serving of box lunches on the Mill House Patio restricted to the hours of 10:00 am to 2:00 pm, delete 3 -e, and use permit to be reviewed by 11/1/90). Mayor Dunin returned to the dais. 3. FCC 1990 -91 GRANTS -IN -AID (File No. 1051) Council held a public hearing to consider recommendations by the Promotional Coordinating Committee for Grants -In -Aid funding for FY 1990 -91. Councilman Roalman stepped down due to a possible conflict of interest. Debi Hossli, Administrative Analyst, reviewed the agenda report with the recommendations that (1) Council consider the recommendations from the Promotional Coordinating Committee for Grants -In -Aid funding and determine the appropriate level of City support for 1990 -91 as outlined, and (2) to adopt a resolution authorizing staff to develop and execute agreements with each Grants -In -Aid recipient as indicated below: 263 90/91 PCC Request Recom. Award Agency SLO Vocal Arts Ensemble $ 51000 $ 3,500 Cuesta College Comm. Ed. S Services 4,685 850 Civic Ballet of SLO -0- -0- Music and Arts For Youth 3,500 3,500 Cuesta College Art Gallery 3,900 2,400 Pacific Repertory Opera 3,000 2,400 EOC- Central Coast wine Festival 4,822 -0- Cal Poly Foundation for the Arts 3,260 3,260 Mozart Festival 7,000 6,500 La Fiesta $22,000 5,000 SLO Art Association 7,000 7,000 SLO Arts Council -0- -0- SLO County Youth Symphony 5,000 3,000 SLO County Symphony 7,000 6,500 ARTernatives 17,600 6,000 SLO Little Theatre 8,000 6,000 SLO Land Conservancy 7,000 -0- SLO Gold Coast Chorus 3,000 3,000 263 264 City Council Minutes Page 9 Wednesday, June 6, 1990 - 7:00 p.m. 1990 -91 PCC Agency Request Recom. Award SLO County Band 2,500 2,500 Poly Royal Executive Team 4,000 * ** TOTAL $ 118,267 $ 61,410 ** *Application was withdrawn by the Poly Royal Executive Team. Mayor Dunin declared the public hearing open. Dan Pedawav, 1111 Oceanaire, and Chair of the Promotional Coordinating Committee, stated he was available for questions. Barbara George, on behalf of Cuesta Forum, spoke in support of their request for funds. Joanne Rich, representing Mozart Festival, urged the Council to support their request for the full $7,000. Cricket Handler, spoke in support of the San Luis County Symphony. Crissa Hewitt, SLO Art Association, urged support of their request. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Reiss /Rappa (4 -0 -1, Councilman Roalman absent) Council adopted Resolution No. 6820 authorizing staff to develop and execute agreements (A50- 90 -CCN through A64- 90 -CCN) with each recipient as recommended. Councilman Roalman returned to the dais. 4. APPEAL - PLANNING COMMISSION - DEL NORTE (File No. 407) Council held a public hearing to consider an appeal by Martin and Steele Associates of a Planning Commission action to deny a request to allow a reduced street yard setback from 20 feet to 14.5 feet for a carport at 132 Del Norte Way; Howard and Shirley Walker, applicants. Due to the lateness of the hour, moved by Rappa /Roalman (5 -0) this item continued to date certain Tuesday, July 3, 1990, at the request of appellants. 5. TENTATIVE MAP - ROCRVIEW PLACE (File No. 410) council held a public hearing to consider a tentative may for Tract 1877 creating a 10 -unit residential planned development condominium at 2936 -2976 Rockview Place; William Dermody, subdivider. Arnold Jonas, Community Development L: rector, reviewed the agenda report with the recommendation that Council adopt the resolution approving the tentative map for Tract 1677 as recommended in the staff report. Mayor Dunin declared the public hearing open. I 1 1 0 City Council Minutes Page 10 Wednesday, June 6, 1990 - 7:00 p.m. Jeff Emery, representing the applicant, spoke in support. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Reiss /Rana (5 -0) Resolution No. 6821 was adopted approving the tentative map for Tract 1877 as recommended. 6. BUSINESS LICENSE TAE (File No. 202) Council held a public hearing to consider amending the Municipal Code to provide for extending the business license tax to all residential rental units. Bill Statler, Director of Finance, reviewed the agenda report with the recommendation that Council introduce the ordinance to print amending Section 5.04.230 (A) of the Municipal Code to provide for extending a business license tax to all residential rental units as recommended in the staff report. Mayor Dunin declared the public hearing open. Dottie Connor, 216 Albert Drive, spoke in support of the proposed ordinance. Arlene Saiak also urged Council support. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Rappa /Reiss (5 -0) Ordinance No. 1171 was introduced to print as recommended. ----------------------------------------------------------------------------- BUSINESS ITEMS 7. GOVERNMENT OFFICE POLICY (File No. 402) Council considered a policy to allow government offices in areas of the city other than the three Land Use Element designated lcoations. Due to the lateness of the hour, moved by Rana /Roalman (5 -0) this item was continued to date certain Tuesday, July 3, 1990 at 4:00 p.m. 8. RETROFIT PROGRAM (File No. 517) Council reconsidered the water offset (retrofit) program. Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council, after review, give staff any direction of preferred changes from the current procedures. Amendments would return in the form of an ordinance at a future meeting. Moved by Rappa /Reiss (3 -2, Councilmembers Pinard and Roalman voting no) that the retrofit program be reaffirmed, and staff directed to update Council as information concerning water savings realized from the program becomes available. 265 W City Council Minutes Wednesday, June 6, 1990 - 7:00 p.m. 9. LANDSCAPE DEFERRAL (File No. 517) Page 11 Council considered deferral of landscape planting during mandatory water conservation. Due to the lateness of the hour, this item continued indefinitely (tentatively scheduled for Tuesday, June 19, 1990). 10. TOILET REBATE PROGRAM (File No. 517) Council considered a toilet rebate program that would rebate the amount of $80.00 dollars per ultra - low - volume toilet installed after June 1, 1990. Due to the lateness of the hour moved by Raooa /Roalman (5 -0) this item continued to date certain Tuesday, July 3, 1990 at 4:00 p.m. 11. WATER ALLOCATIONS FOR CHANGED PROJECTS (File No. 517) Council considered water allocations for projects that change. Moved by Raooa /Roalman (5 -0) this item continued without discussion to date certain Tuesday, July 3, 1990 at 4:00 p.m. 12. PEDESTRIAN BRIDGE - SAN LUIS CREEK (File No. 596) Council considered a request to allow a private pedestrian bridge over San Luis Creek, linking a proposed office building at 1177 Marsh Street to an existing parking lot at 1194 Pacific Street. Due to the lateness of the hour this item continued without discussion (continued tentatively to Monday, June 18, 1990). 11:40 p.m., Mayor Dunin adjourned the City Council to closed session to discuss litigation - Court Street Project. 12:35 a.m., there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Tuesday, Jun 199r at 6:00 p.m. APPROVED BY COUNCIL: 7/17/90 PV:nlo Pa Voges, Ci Clerk 1 1 1