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City Council Minutes
Tuesday, December 4, 1990 - 7:00 pm.
City Staff
Page 2
Present: John Dunn, City Administrative Officer; Kenneth Hampian, Assistant
Administrative Officer, Cindy Clemens, Assistant City Attorney; Jeffrey Jorgensen,
City Attorney; Pam Voges, City Clerk, Arnold Jonas, Community Development
Director, Mike Dolder, Fire Chief; Ann McPike, Personnel Director, Dave Romero,
Public Work Director, Mike Smith, Hazardous Material Inspector, Rob Bryn,
Code Enforcement Officer
Mayor Dunin reviewed tonight's agenda, making various recommendations for changes of the agenda. He
stated that the No Smoking Presentation by the Tobacco Coalition of an American Cancer Society National
Honor would be postponed until Tuesday, December 18, 1990.
He reminded Council that there was an added item, C -5 consent item, entitled
Fire Engine Purchase ", the consideration of specifications for a 1500 GPM Four Door, Cab Forward, Triple
Combination Fine Engine, estimated to cost $230,000 (continued from 4/17/90). The proposed
recommendation was that, by motion, approve specifications for the Fire Engine, authorize staff to solicit
bids, and authorize the City Administrative Officer to award the contract as recommended.
Council, by general consensus, supported both of those changes. It was then moved by Raooa /Pinard to
continue items 3 and 4. Item 3 was a public hearing to consider an appeal by Sylvia Cegelis, of an
Architectural Review Commission action regarding the setback of a proposed monument sign for HomeFed
Bank, located at Santa Rosa and Marsh Street; HomeFed Bank, applicant. Item 4 was a public hearing to
consider an appeal by Gary Kunkel of a Planning Commission action to deny a home occupation permit for
a glassworking business at 1075 Capistrano Court; Ron and Leslie Bearce, applicants. Motion carried
unanimously.
PUBLIC COMMENT
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P.C.I. Brett Cross. 1217 Mariner's Cove, spoke to concerns about the readiness to serve charge inequity
for residential water users.
CONSENT AGENDA
Moved by RaRR@lPinard the consent calendar was unanimously approved as recommended by staff.
C -1 CONTRACT PAY ESTIMATES
Contract pay estimates and change orders approved (5 -0) and ordered paid as recommended.
C -2 AMENDMENT TO COURT STREET PREDEVELOPMENT AGREEMENT (File No. 435)
Council considered an amendment to the Court Street Predevelopment Agreement and Agreement to Lease.
Council approved (5 -0) and Mayor authorized to execute the First amendment of Predevelopment
Agreement to Lease (A 154- 90-CC) as recommended.
C -3 ZONING REGULATIONS AMENDMENT (File No. 463)
Council considered giving final passage to an ordinance amending the Zoning Regulations, Section
1722.020, Uses Allowed by Zone, to allow child day care in the service- commercial (C-S) and industrial (M)
zones subject to an administrative use permit (continued from 11/20/90).
Ordinance No. 1182 (5-0) given final passage amending the zoning regulations as recommended. ,
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City Council Minutes Page 3
Tuesday, December 4, 1990 - 7:00 pm.
F. C-4 CONTRACT COPY SERVICES (File No. 161)
Council considered a Request for Proposal (RFP) for Contract Copy Services for outside copy service.
Council approved (5-0) the RFP for Contract Copy Services (Contrail file
90-66) and authorized the CAO to award a contrail (A 155- 90-CA) to the most responsive contractor if the
average cost per copy is less than 4.5 cents as recommended.
C -5 FIRE ENGINE PURCHASE (Contrail File 90-22; SPCN F -90-7)
Council considered specifications for a 1500 GPM four -door, cab - forward, triple combination fire engine;
estimated to cost $230,000 (continued from 4/17/90).
Specifications for fire engine approved (5 -0), staff authorized to solicit bids, and CAO authorized to award
contrail as recommended.
COUNCIL LIAISON REPORTS
Councilwoman Rauua. as BIA Council liaison representative, spoke to recent actions of the BIA in helping
to promote the downtown and their work with City merchants in raising funds to help provide free parking
for the month of December.
PUBLIC HEARING
1. SIDEWALK ASSESSMENTS (File No. 533)
Council held a public hearing to consider confirming costs to property owners for curb, gutter and sidewalk
improvements at various locations throughout the community.
Dave Romero . Public Works Director, briefly reviewed the agenda report and stated that all the property.
owners had installed the necessary improvements except 16 who had the City construct the improvements.
Of those, 16 had paid over a three year period with the exception of two property owners, Mr. Marcel Cote
and McCarthy Tank and Steel. He suggested taking these two properties separately. Regarding Mr. Cote's
assessment, he suggested this item be deferred until staff had an opportunity to review his concerns and
recommended this item come back to Council on January 2, 1991.
Mayor Dunin declared the public hearing open.
Marcel Cote stated he did have additional questions regarding the assessment and asked for a continuance.
He also requested additional time (beyond the three years) to pay the charge.
After brief discussion, moved by Dunin /Rappm that the assessment of property at 521 Funston be deferred
to the first Regular Meeting in January (1/2/91). Motion carried unanimously.
Dave Romero then introduced the second item which was the McCarthy Tank and Steel property at 313
South Street.
Jon Sei representing the McCarthy's at McCarthy Steel, spoke in protest of the proposed assessment in
the amount of $14,206 for curb, gutter and sidewalk at 313 South Street (see transcript dated this date and
made a part of this record).
After discussion, it was moved by Roalman /Rappa (4-1, Mayor Dunin voting no) to separate out the
McCarthy property and adopt the resolution confirming the costs as presented by stag.
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City Council Minutes
Tuesday, December 4, 1990 - 7:00 pm.
Page 4
At the request of City Attoryney Jeff Jorgensen, he asked that the fast motion be treated as a preliminary
motion. It was then moved by Roalman /Pinard (4-1, Mayor Dunin voting no) to adopt Resolution No. 6906
confirming the assessments with the exception of the Cote property, which would
be continued until January 2, 1991.
2. ABATEMENT OF PUBLIC NUISANCE (File No. 402)
Council held a public hearing to consider declaring a public nuisance at the commercial property located at
1756 Monterey Street and establishing methods for abating the nuisance (continued from 11/7/90).
Mayor Dunin declared the public hearing open and directed the Community Development Director to
present the matter before the Council.
Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that
Council adopt the resolution in the packet, that would declare the property a public nuisance, and also
outlined abatement measures.
Mayor Dunin directed the City Clerk to swear in the witnesses.
Pam Voees. City Clerk swore in Arnold Jonas, Community Development Director, Mike Smith, Hazardous
Materials Inspector, Mike Dolder, Fire Chief; and Rob Bryn, Planning Enforcement Officer.
Rob Bryn. Planning Enforcement Officer, presented a slide presentation showing the property, and
identifying that which needed to be abated.
Mike Dolder. Fire Chief, reviewed some of the hazardous materials on the property.
Mike Smith. Hazardous Materials Inspector, spoke to the physical review and inspection of the site that he
had conducted as late as that day.
Pam Voees. City Clerk, swore in Robert Wilcox, the owner of the property located at 1756 Monterey.
Robert Wilcox. property owner that was subject to abatement, indicated the property was 909c' abated at this
time. He urged that Council allow him to continue with his operations to sell tires. Upon question by City
Attorney Jeff Jorgensen, he stated that he could be in full compliance within 30 days, and that he could
remove all the outside storage of tires, stop operations as a retail tire store, withdraw all advertising
identifying the premises as a retail tire store, remove the illegal pole sign and replace the perimeter fence to
the satisfaction of the City's Chief Building Inspector.
Star Jenkins. 285 Buena Vista, urged Council to declare this location a public nuisance.
Charles Nathlet a neighboring property owner, also felt the property was an eyesore.
Mayor Dunin declared the public hearing closed.
After discussion, it was moved by Pinard /Rannaa (5 -0) to adopt Resolution No. 6907 declaring a public
nuisance did exist, and outlining required abatement measures, with an amendment to provide that it come
into compliance within 45 days, rather than the recommended 30 days.
9:05 p.m., Mayor Dunin declared a recess; 9:20 p.m., City Council reconvened, all Councilmembers present.
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City Council Minutes Page 5
1 Tuesday, December 4, 1990 - 7:00 p.m.
3. APPEAL - SIGN REGULATIONS (File No. 407)
Council held a public hearing to consider an appeal by Sylvia Cegelis, of an Architectural Review
Commission action regarding the setback of a proposed monument sign for HomeFed Bank located at
Santa Rosa and Marsh Streets; HomeFed Bank, applicant.
As previously indicated, this item was continued to date certain, December 18, 1990, in order to allow
applicant time to submit additional information (5A).
4. APPEAL - HOME OCCUPATION PERMIT (tile No. 407)
Council held a public hearing to consider an appeal by Gary Kunkel of a Planning Commission action to
deny a home occupation permit for a glassworking business at 1075 Capistrano Court; Ron and Leslie
Bearce, applicants.
As previously indicated, this item was continued to date certain, December 18, 1990, to allow additional time
to negotiate possible mitigation for concerns about proposed use.
BUSINESS ITEMS
S. ALANO CLUB PARKING FEES (File No. 477)
Council considered modification of parking user fees for the Alano Club property located in Railroad
Square.
1 Dave Romero . Public Works Director, reviewed the agenda report with the recommendation that Council, by
motion, direct staff to discontinue the double credit for the Alano Club six off -site parking spaces and
require them to pay the established rate for all required parking spaces. He felt that the concept of giving
double credit to the Alano Club is beneficial to them, but not-equitable to the other property owners. If the
Council continues to provide the double credit option for the Alano Club, it reduces the parking revenue
from Railroad Square Parting Service area, and establishes special provisions that not be applied
uniformly. If the option were implemented for all property owners, the parking revenue would be
substantially reduced. The annual loss of revenue ranges from $840 if Alano Club continues alone, to
$7,176 if aB eligible property owners were given double credit.
Mayor Dunin asked for public comment.
Bud Beeche r. representing the Alano Club, spoke in support of the reduced rate, stated they would be
unable to keep their doors open if they were assessed these additional parking charges.
Chris Pei e also spoke in support of the Alano Club and their reduced parking requirement.
Cliff Hansen. 3424 Gregory Court, also spoke in support.
Mayor Dunin declared the public hearing closed.
Moved by Dunin /Reiss (4 -1, Councilwoman Rappa voting no that all expenses related to the Alano Club
for parking be waived. Motion carried.
6. WATER INITIATIVE (File No. 323)
Council considered a Certificate of Sufficiency on the Water Action To Eliminate Rationing initiative
' petition and referral of the measure to appropriate departments for reports on the effect of the proposed
initiative.
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City Council Minutes
Tuesday, December 4, 1990
Page 6
John Dunn, City Administrative Officer, stated that the Council did not
need to discuss this item tonight unless the Council had any additional impacts it would like explored in
which case direction should be given this evening.
Mayor Dunin asked for public comment.
Richard Kransdorf was upset that notification wasn't clearer that this item was not being discussed this
evening.
After brief discussion and upon general consensus, the Certificate of Sufficiency was received and filed and
staff was directed to prepare reports on the effect of the proposed initiative as recommended in the staff
report.
COMMUNICATIONS
Comm. 1. UNIFORM DISTRICT ELECTIONS
Council considered a report regarding a request by Cuesta College and the Unified School District to the
Board of Supervisors to move their election date from November of odd years to November of even years.
Pam Voges. City Clerk, stated that the Board of Supervisors would be taking up this request at its Tuesday,
December 11, 1990 Board Meeting. She recommended that staff be directed to report back on the proposed
impacts to the City of San Luis Obispo's election process if the County approves these requests by the
school districts to move their election date from 11/91 to 11/92, specifically, staff was to analyze the fiscal
impact on voter turn out.
Upon general consensus, staff was directed to report back as recommended.
A. 10:00 p.m., Mayor Dunin adjourned the meeting to Closed Session to discuss Personnel and
Litigation. With respect to Litigation, the Closed Session was being held pursuant to:
Government Code Section 54956.9, Subparagraph B,
significant exposure to litigation.
10:40 pm, there being no further business to come before the City Council Mayor Dunin adjourned the
meeting to Monday, December 10, 1990 at 9:00 a.m., for Council - Management Team Workshop.
APPROVED BY COUNCIL: 2/19/91
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ROLL CALL
Voges, City Clerk
MINUTES
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
MONDAY, DECEMBER 10, 1990 - 9.00 A.M. TO 4:00 P.M.
STAFF CONFERENCE ROOM - 3RD FLOOR - CITY /COUNTY LIBRARY
995 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
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Councilmembers '
Present: Vice-Mayor Jerry Reiss, Councilmembers Peg Pinard, Penny
Rappa, Bill Roalman and Mayor Ron Dunin
Absent: None