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HomeMy WebLinkAbout09/18/1990351 City Council Minutes Page 2 Tuesday, September 18, 1990 - 7:00 p.m. P.C.4. Gary Kunkel, 571 Cuesta Drive, stated that a recently formed committee called Citizens for Sensible Priorities was starting a recall against Councilwoman Pinard. Referred to City Clerk. P.C.S. Marshall Ochvlski spoke in support of the Council's proactive stance on many difficult issues facing the community. ----------------------------------------------------------------------------- CONSENT AGENDA Moved by RaDOa /Roalman (5 -0) the Consent Calendar was unanimously approved as recommended by the City Administrative Officer with the exceptions of C -3, C -6 and C -11 as noted. C -1 COUNCIL MINUTES The following minutes were approved (5 -0) as amended: Tuesday, August 7, 1990 at 7:00 p.m.; Tuesday, August 14, 1990 at 7:00 p.m.; Tuesday, August 21, 1990 at 7:00 p.m.; and Monday, August 27, 1990 at 7:00 p.m. C -2 RECYCLED PRODUCT PROCUREMENT POLICY (File No. 482) Council considered giving final passage to an ordinance establishing a Recycled Product Procurement Policy that would encourage the City to purchase recycled products (continued from 9/4/90). Moved by Ramm /Roalman, (5 -)0 Ordinance No. 1178 given final passage establishing a Recycled Product Procurement Policy as recommended. C-3 LAGUNA LAKE MASTER PLAN CONSULTANT (File No. 884) Council considered hiring a consultant to develop a master plan for Laguna Lake Park. Moved by Ranfla /Roalman, (4 -1, Mayor Dunin voting no) authorizing the selection of Crawford Multari and Starr as the consultant for the Laguna Lake Master Plan Study and authorized the Mayor to execute the contract (Ali- 90 -CCN) for the completion of study and preliminary design phase in an amount not to exceed $26,010 as recommended. C -4 FINAL MAP APPROVAL - TRACT 1823 (File No. 410) Council considered final map approval for Tract 1823, a 6 -unit residential airspace condominium development located at 591 Highland Drive; Cleeves and Gillespie, subdividers. Moved by Raooa /Roalman, (5 -0) adopting Resolution No. 6868 approving the final map for Tract 1823 as recommended. 352 City Council Minutes Page 3 Tuesday, September 18, 1990 - 7:00 p.m. C -5 CONSENT DECREE - REGIONAL WATER QUALITY CONTROL BOARD (File No. 517) Council considered a consent decree betweeen the City of San Luis Obispo and the State of California Regional Water Quality Control Board necessary for Wastewater Treatment Plant improvements and achieving compliance with the City's Wastewater Discharge Permit. Moved by Rappa /Roalman, (5 -0) Resolution No. 6869 was adopted approving and authorizing the Mayor to execute the Consent Decree between the City and State as recommended. C -6 WASTEWATER SLUDGE DISPOSAL/RECLAMATION PROJECT (File No. 90 -41) Council considered awarding a contract for Wastewater Sludge Disposal /Reclamation Project, Spec. No. 90 -41 (A110- 90 -CA); total estimated cost $91,350; bids opened on 8/16/90. This item continued at the request of staff to date uncertain. C -7 PREFUMO CREEK SILT REMOVAL (CP No. P -498) Council considered plans and specifications for "Material Removal Project, Prefumo Creek at Los Osos Valley Road", City Plan No. P -49H, estimated to cost $70,000 excluding contingencies. it Moved by Kappa /Roalman, (5 -0) plans and specifications approved for "Material Removal Project (A126- 90 -CA) staff authorized to solicit bids, and CAO authorized to award contract if lowest bid is within the engineer's cost estimate as recommended. C -8 AREA AGENCY ON AGING (File No. 1012) Council considered appointing a citizen -at -large to serve on the Area Agency on Aging to fill an unexpired term ending on 6/30/92. Moved by Rappa /Roalman, (5 -0) Joan Lawrence appointed to serve on the Area Agency on Aging Committee to fill a term ending on 6/30/92 as recommended. C -9 COUNCIL LIAISON TO THE BUSINESS IMPROVEMENT ASSOCIATION (File No. 475) Council considered a request by BIA President Tom Donat that the Council appoint a member to attend the BIA's monthly Board of Directors' meeting. Moved by Rama /Roalman, (5 -0) Councilwoman Rappa appointed as Council representative to the BIA Board with no set time limit to the term as recommended. C -10 AWARD OF CONTRACT - WASTEWATER DIGESTER (CP No. P -38S) Council considered awarding a contract for "Wastewater Treatment Plant Digester No. 2, Empty and Clean, Phase II," City Plan No. P -38S, (File 90 -01) 353 City Council Minutes Page 4 Tuesday, September 18, 1990 - 7:00 p.m. bids opened on 9/4/90; engineer's estimate $15,000. Moved by Rapp /Roalman, (5 -0) to award contract (A29- 90 -CA) for Wastewater Treatment Plant Digester No. 2, Phase II, to Bicsystems Management International in the amount of $29,200 as recommended. C -11 LAGUNA LAKE PARK IMPROVEMENTS (File No. 881) Council considered awarding A contract for "Laguna Lake Park Improvements ", City Plan No. N -59Y, (File 90 -02; Agreement A127- 90 -CC), and appropriating $144,000 from the Parkland Development Fund (park -in -lieu fees) to cover construction costs and contingencies. Moved by Raova /Roalman. (5 -0) contract A127 -90 -CC awarded to Whitaker Contractors, Inc. in the amount of $137,318 for improvements to Laguna Lake Park; and appropriation of $144,000 from the Parkland Development Fund as recommended. Councilwoman Pinard requested that 1) staff be sure to provide a safe restroom area for children, and 2) that the playground equipment be made very attractive in color as well as style. -------------------------------------------------------- ------------ --- - - = - -- APPOINTMENTS A. COUNCIL COMPENSATION COMMITTEE (File No. 123) Council considered the appointment of a five - member Council Compensation Committe to review and make recommendations of amendments to the 1991 Council Compensation Plan. Councilwoman Pinard reviewed the report stating that the Council Subcommittee (Pinard /Reiss) were recommending the following five people to serve: Barry Welchel (Personnel Board Member representative), Keith Gurnee (former Councilmember representative), and Judy Martindale, Nancy Poe and Pierre Rademaker (Citizens at Large) to the Council Compensation Committee. Moved by Reiss /Roalman (5 -0) to approve the composition of the committee as recommended. Motion carried unanimously. ----------------------------------------------------- ---- ------------ -- - - - - -- COUNCIL LIAISON REPORTS L.R.1. Councilwoman RaDAa reported on 1) the recently established advisory body consisting of members from the School Board, City of Morro Bay and the City of San Luis Obispo; 2) workshop being conducted October 13, 1990 by the Community Partners and Child Care; and 3) that the final agreements (JPA -MOA) pursuant to State AB 939 mandate should be coming to the Council for approval within the next few weeks regarding recycling. 354 City Council Minutes Page 5 Tuesday, September 18, 1990 - 7:00 p.m. PUBLIC HEARINGS 1. STREET ABANDONMENT - RASKIN AVENUE (File No. 535) Council held a public hearing to consider the abandonment of Raskin Avenue, between Santa Barbara Street and the Southern Pacific right -of -way, with the reservation of an easement for public sanitary sewer purposes (continued from 8/21/90). Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council adopt the resolution abandoning.Haskin Avenue subject to reservation of sanitary sewer easement as recommended. Mayor Dunin declared the public hearing open. Tim Carmel, representing Lyon 8 Picquet, Attorneys at Law, stated he was available for any questions. Emmons Blake, 634 Al -Hil Drive, questioned the status of Emily Street, a neighboring street. Mayor Dunin declared the public hearing closed. Moved by Raova /Reiss (5 -0) Resolution No. 6870 adopted approving the abandonment of Baskin Avenue as recommended. 2. PARKING REVENUE PLAN (PHASE I) (File No. 544) Council held a public hearing to consider Phase I of the Parking Revenue Plan to include proposals that would 1) raise expired meter fines, 2) establish a 40 cents per hour rate for 350 core meters and, 3) raise parking -in -lieu fees to $6,000. Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council a) introduce an ordinance to print amending the Municipal Code to raise expired meter and overnight parking fines from $5.00 to $10.00 effective January 1, 1991, b) introduce an ordinance to print amending the Municipal Code to increase 350 core meters from 30 cents to 40 cents per hour effective January 1, 1991 and c) adopt a resolution to increase parking -in -lieu fees for new construction from $4,000 to $6,000 per space and use change from $1,000 to $1,500 per space effective January 1, 1991. Bill Statler, Finance Director, reviewed the fiscal impact relative to the program stating that the Parking Program is facing a serious cash flow deficiency, and part of the action plan from the previous study session, included developing a financial program to correct the revenue shortfall. This would include a two phase program, both current and future. The first phase would correct the present program's negative cash flow through 1) 100% of parking fines to the Parking Fund, 2) increase parking fines for expired meters, 3) increase meter rates in the core area, 4) implement business City 355 City Council Minutes Tuesday, September 18, 1990 - 7:00 p.m. license supplemental fee program and, 5) would be implemented by June, 1991. The future expansion of parking lots and str would include an assessment district and Page 6 increase Parking -in -Lieu fees. That second phase would only apply to fund sctures. Possible funding options higher phase 1 rates. Keith Ovalewski, Parking Program Coordinator, reviewed the agenda report, further reviewing the Parking Program and recommendations by the Parking Committee. He stated that at the time of the review, it received support from both the Dowtown BIA as well as the Parking Committee. At this time, there seemed to be some matter of further clarification from those groups. Mayor Dunin declared the public hearing open. Monte Lukov, BIA Administrator, stated that when the BIA Members were originally polled in the spring, they had been supportive, however recent fee increases and the state of the nation's economic picture had made them reconsider their decision. Mike Spangler also expressed concern regarding the economic changes to the downtown. He feels the timing would not be right for raising the rates now. He felt there are developers who are hesitant in coming into the downtown, and this rate increase could be enough to discourage them even more. Michael Gilligan 1023 Chorro Street, expressed concern about raising the parking fines. He preferred a heavier enforcment of current parking violations. Maggie Cox, representing the Chamber of Commerce, stated that no final action had been taken as the Chamber was waiting for Council review of the Downtown Master Plan. John French submitted a letter into the record expressing his concerns about increasing the in -leiu fee 50 percent. Gary Fowler, 777 Mill Street, was opposed to the increases and felt that the City should more actively pursue its enforcement program. Ron Bearce, 1075 Capistrano, urged against the increase, specifically the in- lieu fees and felt that it was too heavy a burden at this time. Charles Long also urged against the Phase 1 increases, he felt it would discourage business in the downtown. Michael Frucht, 785 Higuera, urged against the increases as he felt it would be a detrimental impact to the downtown. Mayor Dunin declared the public hearing closed. 41 Councilwoman Rappa suggested that there might be some refinements to the Parking Management Program. She could support part of the recommendations regarding the meter rates, with the help of the BIA and the Chamber of . 356 City Council Minutes Page 7 Tuesday, September 18, 1990 Commerce to review and come back with ways of how it could be implemented. She also felt the City needed to do a better job of managing the current program and enforcement. Councilman Roalman felt additional revenues were needed to support the program and balance the budget. To delay it would only make the problem worse. He urged that the BIA come up with some specific recommendations as how to balance the shortfall. Councilman Reiss was reluctant to jeopordize the long arranged Parking Program and could not support taking money from the General Fund. He was concerned about this coming before the Downtown Master Plan and could support deferring this until 1991. He also urged better enforcement by the downtown merchants to find ways of getting their employees to park out of the core area. After discussion, moved by Roalman/Rauna (5 -0) to direct staff to work with the BIA and the Chamber of Commerce to recommend refinements and bring the Parking Fund into balance and report back within six months. Motion carried. 9:05 p.m., Mayor Dunin declared a recess; 9:25 p.m., City Council reconvened, all Councilmembers present. 3. SIDEWALK, CURB & GUTTER IMPROVEMENTS - SANTA BARBARA STREET (File No. 533) Council held a public hearing to consider a requirement that a property owner IN install curb, gutter and sidewalk on westerly side of Santa Barbara Street, between Church and Morro Streets; A.E. and S.I. Weipert, owners (continued from 8/7/90). Dave Romero, Public Works Director, reviewed the agenda report with the recommendation that Council adopt .a resolution determining that public interest, convenience and necessity require the construction of_curb, gutter and sidewalk on this portion of the street. Mayor Dunin declared the Allen Weipert, owner of requirements. Sherry Weipert felt that the traffic was too fast Mayor Dunin declared the public hearing open. the subject lot, asked for clarification as to the the intersection by their property was unsafe, that and urged staff to review this. public hearing closed. After brief discussion, moved by Roalman /Rappa (5 -0) Resolution No. 6871 was adopted to determine that the public interest, convenience and necessity required the construction of curb, gutter and sidewalk on this portion of the street as recommended. Motion carried. 357 City Council Minutes Page 8 Tuesday, September 18, 1990 - 7:00 p.m. 4. TENTATIVE MAP - 2046 SWAZEY STREET (File No. 410) Council held a public hearing to consider a tentative map for Minor Subdivision 90 -203. adjusting lot lines on two residential lots with exception to lot depth at 2046 Swaney Street; Alan Michaels, subdivider. Arnold Jonas, Community Development Director, reviewed the agenda report with recommendation that Council adopt the resolution approving the tentative map and subdivision exception as recommended by the Subdivision Hearing Officer. Mayor Dunin declared the public hearing open. Charles Crotser, 979 Osos Street, representing the applicant, stated he was available for questions. Sherry Weivert, nearby property owner, was concerned about the drainage in the area. Mayor Dunin declared the public hearing closed. After brief discussion moved by Pinard /Reiss (5 -0) Resolution No. 6872 adopted approving the tentative map and the subdivision exception as recommended by the Subdivision Hearing Officer. S. APPEAL - EARTHLING BOOKSTORE (File No. 407) Council continued its considation of an appeal by Rosi Lusardi of an Architectural Review Commission decision to deny a painted mural on the Earthling Bookstore located at 698 Higuera Street; Penny and Terry Davies, owners (continued from 8/7/90 and 8/21/90). Jeff Jorgensen, City Attorney, reviewed for the Council, that both items 5, on the Earthling Bookstore appeal, as well as item 7, Edna -Islay Specific Plan had been subject to previous public hearings, and the hearings had been closed, and it was his recommendation that they not be reopened as they had not been sufficiently advertised for that purpose. If the Council was desirous of taking public testimony, then they would need to have the items readvertised. Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution to uphold the Architectural Review Commission's action denying the appeal. He reminded the Council that at its meeting of 8/21/90, the Council tied on a 2 -2 vote, with Councilman Reiss absent, and so the item was continued for a full complement of the Council. Councilman Reiss stated for the record that he had reviewed all materials pertaining to the record, including listening to the tapes of the previous public hearing. City Council Minutes Page 9 Tuesday, September 18, 1990 - 7:00 p.m. Moved by Raooa /Reiss (3 -2, Councilmembers Pinard and Roalman voting no) Resolution No. 6873 was adopted to uphold the Architectural Review Commission's action denying the appeal as recommended. 6. CURB, GUTTER AND SIDEWALK IMPROVEMENTS - 1205 ELLA STREET (File No. 533) Council heard a request by Martha Reed regarding property at 1205 Ella Street, that it be exempted from curb, gutter and sidewalk installation under the provision of the 1911 Act (continued form 3/20/90 and 8/21/90). Dave Romero, Public Works Director, reviewed that at the March 20, 1990, Council Meeting, a protest hearing was held regarding installation of curb, gutter and sidewalk for 64 properties at various locations throughout the community. As a result of the testimony, 22 properties were exempted. The 6 properties on the south side of Ella, between Osos and Binns Court, were considered for installation, representing 338 of the frontage of this block. The Council exempted one property, 1013 Ella, near Osos, but did not exempt very difficult installations at 1205 and 1215 Ella. Ms Reed protested the installation and staff concurred with her protest, however, it was not exempted and Ms. Reed wished to have an opportunity to again address the Council. Martha Reed, P.O. Box 1054, San Luis Obispo, again urged Council to exempt her property based on the high cost that would be required, and also felt that the need for this side of the street had not been proved. i� Bob Vesslev supported Ms. Reed's request and felt there was no increase in pedestrian use that would require the finding that public necessity existed. After brief discussion moved by Rapoa /Reiss (4 -11 Councilman Roalman voting no) Council gave conceptual approval to exempt curb, gutter and sidewalk improvements at 1205 and 1215 Ella Street, with the resolution to come back to Council at the next available meeting. Notion carried. 7. EDNA -ISLAY SPECIFIC PLAN (File No. 410) Council continued its discussion of A) approval of a tentative map for Tract. 1750, a subdivision to create 245 single - family lots, 88 medium - density airspace condominiums, a neighborhood park and a small historical park, and B) a planned development rezoning to allow exceptions to lot sizes, yards and density. The proposals affect property on the east side of the railroad tracks in the Edna -Islay Specific Plan area; Pacifica Corporation, applicant (continued from 5/1/90, 6/6/90, 6/18/90, 7/3/90 and 8/21/90 ). Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council introduce the ordinance to print which would 1) amend the Zoning Map for the property from R -1 -SP and C /OS -40 -SP to R -1- SP -PD, R- 2 -SP -PD and C /OS- 40 -SP -PD as recommended, and 2) to approve the tentative map for Tract 1750 with findings and conditions as recommended in the staff report. 359 City Council Minutes Page 10 Tuesday, September 18, 1990 - 7:00 p.m. Jeff Jorgensen, City Attorney, reviewed a memorandum he previously sent to the Council on the issue of this item not being open for public hearing as the Council had closed the hearing at the last meeting. If the Council was desirous of accepting additional public testimony, he recommended that this item be continued to a future meeting to allow it to be readvertised. However, there was a timing constraint. If the Council continued the matter, they would only have until the October 2, 1990 meeting to make a final approval or it would be deemed automatically approved by October 6, 1990. Councilman Roalman urged this item be readvertised as he felt that additional public testimony might be beneficial. There were people in the audience that had not previously spoken to this itme. Mayor Dunin reviewed for the record that a letter had been received on the day of the meeting from Richard Schmidt with concerns about the project, as well as a petition signed by 100 plus persons expressing concerns about the project EIR. After discussion, moved by Raooa /Reiss (3 -2, Councilmembers Pinard and Roalman voting no) Ordinance No. 1179 was introduced to print amending the Zoning Map for the property as recommended. Moved by Ranva /Reiss (3 -21 Councilmembers Pinard and Roalman voting no) Resolution No. 6873 was adopted approving the tentative map for Tract 1750 with findings and conditions, with amendments to conditions 14, 49 and the deletion of condition number 54 as discussed. 11:30 p.m., there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Tuesday, Sep er 25, 17 7:00 p.m. APPROVED BY COUNCIL: 11/7/90 /) PV:nlo Pam Voges, di y Clerk M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 25, 1990 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Vice -Mayor Jerry Reiss, Councilmembers Peg Pinard, Penny Rappa, Bill Roalman and Mayor Ron Dunin Absent: None