HomeMy WebLinkAbout05/21/1991City Council Minutes Page 2
Tuesday, May 21, 1991 - 7:00 p.m.
PUBLIC COMMENT
No public comment was received.
CONSENT AGENDA
Moved by Roalman /Rama (5 -0) to approve the Consent Calendar as recommended by the City Administrative
Officer with the exceptions of C -2 and C-8 as noted.
C -1 COUNCIL MINUTES
Moved by Roalman /Raooa (5 -0), the following minutes were approved as amended:
Monday, April 8. 1991 at 4:00 pm.,
Tuesday, April 16, 1991 at 7.00 p.m.,
Tuesday, April 23, 1091 at 7:00 p.m.,
Monday April 29, 1991 at 7:00 p.m., and'
Monday May 1, 1991 at 8:00 am.
C -2 DOWNTOWN DESIGN COMMITTEE STAFF SUPPORT (File No. 431)
Council considered approving an agreement for consultant staff support for the Downtown Physical Plan Design
Committee.
Councilmembers Pinard and Roalman expressed concern about the amount of monies the City is using for
contract services.
After general discussion, moved by Ranua /Reiss to authorize the City Administrative Officer to execute
Agreement A- 27 -91-CA with Crawford, Multari and Starr in an amount not to exceed $12,500 to provide
continued staff support for the Downtown Physical Design Committee as recommended (3 -2, Councilmembers
Pinard and Roalman voting no).
C -3 PURCHASE AUTHORIZATION (File No. 167)
Council considered approving the purchase of materials, supplies and equipment from the Department of
General Services, State of California under the Cooperative Purchasing Program.
Moved by Roalman /Rappa (5 -0), Resolution No. 6975 was adopted authorizing the City Administrative Officer
or his designee to purchase materials, supplies and equipment from the Department of General Services as
recommended.
C4 SPECIAL ELECTION CANVASS RESULTS (File No. 324)
Council. considered the results of the Special Municipal Election held Tuesday, April 9. 1991.
Moved by Roalman /Ranna (5 -0), Resolution No. 6976 was adopted declaring the results of the April 9, 1991.
Special Municipal Election as recommended.
C -5 ACCEPTANCE OF LATE CLAIM (File No. 189)
Council considered granting the late claim application of Matt Kokkonen.
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CERTIFICATE
I, Pam Voges, the City Clerk of the City of San Luis Obispo, certify that the following is
the final statement of votes cast at the Special Municipal Election held in the City of San
Luis Obispo, California, on April 9, 1991.
-1 - Number of registered voters in City- 229116
2 - Number of votes cast in the City: 79974
3 - Tabulation of votes on Measure A (Exhibit "A")
4 - Tabulation of votes on Measure B (Exhibit "W)
5 - Tabulation of votes on Measure C (Exhibit "C)
6 - Tabulation of votes on Measure D (Exhibit 'D ")
Witness my hand and the seal of the City Clerk of San Luis Obispo this day of
Ilqjt9 1991.
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City Council Minutes Page 3
Tuesday, May 21, 1991 - 7:00 p.m.
Moved by Roalman /Rappa (5 -0), Resolution No. 6977 was adopted granting late claim application as
recommended.
C-6 SLO BROADCASTING LEASE AGREEMENT (File No. 521)
Moved by Roalman /Rappa (5 -0), Council adopted Resolution No. 6978 approving A Bement A- 28 -91 -CC
between the City and SLO Broadcasting for joint use of properties located at 2895 South Higuera and 35 Pradq
Road for a net fee of $300 per month adjusted annually as recommended in the staff report.
C -7 WASTEWATER TREATMENT PLANT IMPROVEMENTS - UNIT 4 (File No. 91 -19)
Moved by Roalman /Rana (5 -0), to approve plans and specifications for Unit 4 Wastewater Treatment Plant
Improvements Project estimated to cost $12,691,631 and authorize staff to solicit bids.
C-8 CONSULTANT AGREEMENT - WATER TREATMENT PLANT (File No. 511)
Council considered hiring a consultant to prepare an Environmental Impact Report (EIR) for upgrade of the
Stenner Canyon Water Treatment Plant. Councilwoman Pinard was concerned with the amount of money that
was being requested for an EHt report which she thought could be done in- house.
After discussion, moved by Rappa /Roalman (3 -2, Councilmember Pinard and Mayor Dunin voting no) to adopt
Resolution No. 6979 authorizing the selection of Technical Analysis Corporation to prepare the Environmental
Impact Report and authorize the Mayor to sign an agreement (A- 29- 91 -CC) with compensation not to exceed
$29,820 as recommended.
C -9 WATER AND WASTEWATER CHEMICAL BIDS (File No. 91 -17)
Moved by Roalman /Rappa (5 -0), to approve plans and specifications of 1991 -93 Water and Wastewater
Treatment chemical bids and authorize staff to advertise for bids and authorize the City Administrative Officer
to award a contract to the lowest responsible bidder as recommended.
C -10 ENGINEERING AGREEMENT - WASTEWATER TREATMENT PLANT (File No. 526)
Moved by Roalman /Rappa (5 -0), to approve and authorize the Mayor to execute an agreement to perform Value
Engineering Analysis, Unit 4 Wastewater Treatment Plant improvements (Agreement A- 30- 91 -CC) with G.S.
Dodson and Associates, in the amount of $28,000 for consultant services as recommended.
C -11 PARKING MANAGEMENT COMMITTEE APPOINTMENTS (File No. 123)
Moved by Roalman /Rana (5 -0), to appoint Pierre Rademaker as BIA Representative and reappoint Forest
Watts (BIA), Brad Bilsten (Property owner), Lorraine Maksoudian and Richard Marshall (Citizens -at- large)
for the balance of the term of the Parking Management Committee which is due to sunset on March 31, 1992.
COUNCIL LIAISON REPORTS
C.L.I. Councilwoman Rappa reported that the BIA had obtained a Transportation Management Grant to
allow them to do a feasibility study for a Transportation Management Program using Cal Trans' funding of
$15,000.
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City Council Minutes Page 4
Tuesday, May 21, 1991 - 7:00 p.m.
PUBLIC HEARINGS r_
1. TENTATIVE MAP - 175 SERRANO HEIGHTS (File No. 411)
Council held a public hearing to consider a tentative parcel map for Minor Subdivision No. 90 -037 creating two
lots from one lot, including exceptions to the subdivision regulations for property located beyond the end of the
City - maintained portion of Serrano Heights Drive; Homer Brown, subdivider (continued from 4/3/91).
Arnold Jonas. Community Development Director, stated that a letter had been received today from the
applicant, William Brown, agent for Terry Jane Glandon and Homer Brown, stating that they would like this
item to be withdrawn and removed from the agenda.
Moved by Ranpa /Roalman (5 -0), this item was withdrawn at the request of the applicant as recommended.
2. NUISANCE ABATEMENT - CHURCH STREET (File No. 722)
Council held a public hearing to consider declaring the property at 663 Church Street a public nuisance with
appropriate abatement measures (continued from 4/16/91).
Pam Voees. City Clerk, swore in staff members Bob Neumann, Interim Fire Chief, and John Madden, Fire
Inspector, prior to opening of the public hearing.
Bob Neumann. Interim Fire Chief, briefly reviewed the agenda report and recommended that Council adopt the
resolution in'their packet and declare the public nuisance as outlined with required, abatement measures.
John Madden. Fire Inspector, also spoke to the enforcement action that had been taken to date and public
safety concerns of the property.
Mayor Dunin declared the public hearing open. No one spoke for or against the proposed abatement. Mayor
Dunin declared the public hearing closed.
Moved by Roalman /Ranna (5 -0), to adopt Resolution No. 6980 to declare property at 663 Church Street a
public nuisance and order its abatement as recommended.
3. INDUSTRIAL USERS PERMIT FEES (File No. 109)
Council held a public hearing to consider establishing industrial users permit fees for those industrial users
discharging to the city's wastewater system (continued from 2/19/91).
John Moss. Wastewater Division Manager, reviewed the agenda report with the recommendation that Council
establish and adopt a resolution setting industrial users permit fees for discharge to the city's wastewater
system. Fees would include 1) significant and categorical users annual permit fees of $680; 2) Class I users
annual permit fees of $210; 3) Class II annual permit fees of $64; 4) monthly compliance monitoring, sampling
and follow -up inspections for noncompliance /violations to be billed at the hourly rate established in the Public
Works Department "labor and Equipment Rates" document; and 5) annual permit fees to become effective and
due July 1, 1991, with the proportionate amount included with the City's bi- monthly utilities billing.
Mayor Dunin declared the public hearing open.
Pierre Matteson. with Matt's Alignment at 258 Higuera Street, did not feel that he should be considered an
industrial discharge user because all of his hazardous wastes are removed by private means and therefore
should not be subject to the fees.
Dale Price, 670 Higuera Street with American Muffler, felt that all the residents should be responsible, not just
the users. He also spoke against the proposed fees.
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City Council Minutes
Tuesday, May 21, 1991 - 7:00 p.m.
Page 5
Jim Hobbs, repairman for Small Tool Company, was also opposed to the fee structure.
John Roeder, recycler, was opposed to the fees and stated that he was not even connected to the City's sewer
system and should not be charged.
Bill Hetland. Utilities Director, stated staff would review Mr. Roeder's claim.
Moor Dunin declared the public hearing closed.
After brief discussion, moved by Roalman /Rappa, (4 -1, Mayor Dunin voting no), to adopt Resolution No. 6981
setting the industrial users permit fees for discharge to the City's wastewater system as recommended by statT.
4. APPEAL - OFFICE BUILDING AT 1533 HIGUERA STREET (File No. 407)
Council considered an appeal of an Architectural Review Commission action to deny a new office building at
1533 Higuera Street; Ron Wyse, applicant.
Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that
Council adopt the resolution which would deny the appeal subject to the recommended findings in the report.
He stated that the report concluded, based on the ARC's direction, city design guidelines and policies, and on
staff's analysis, the proposed office building was 1) incompatible with the neighborhood's prevailing
architectural character, 2) inconsistent with city policies to preserve the residential character of transitional
office /residential zones; and 3) set an undesirable design precedent for the neighborhood.
Mike Underwood, Vice Chairman of the Architectural Review Commission, spoke in support of the
recommendation to deny the appeal.
Councilman Reiss expressed concern about why the ARC had given schematic approval to the project and then
denied it.
Councilman Roalman stated for the record that he had once lived in the house.
Mayor Dunin declared the public hearing open.
Menzie Cliff, a resident in the neighborhood, spoke in support of maintaining the residential character of the
neighborhood and urged that it be kept residential.
Ron Wvs e. owner of the property, spoke in support of the project and urged the Council to uphold their appeal.
Barry Williams, architect, stated he had reviewed previous tapes by the various advisory bodies which gave
approval of the schematic plan and felt that it would be very unfair at this point to be denied after the applicant
had met all the conditions and requirements.
Winnifred Alexander spoke in support of the office complex and felt that the neighborhood is in a transitional
stage, moving from residential to office, which was appropriate and therefore the appeal should be upheld.
Mayor Dunin declared the public hearing closed.
After discussion, moved by Roalman /Reiss, to adopt Resolution No. 6982 (3 -2, Councilwoman Ranna and 111avor
Dunin voting no) to deny the appeal and uphold the Architectural Review Commission's actions as
recommended.
9:05 pm. Mayor Dunin declared a recess.
9:20 p.m. City Council reconvened, all Councilmembers present.
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City Council Minutes Page 6
Tuesday, May 21, 1991 - 7:00 pm.
BUSINESS ITEMS
5. MINOR ANNEXATION POLICY (File No. 463)
Council considered a new policy regarding the processing of general plan amendment requests for properties
located outside the City limits during the general plan update.
Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that
Council adopt a resolution, labeled Exhibit A in the packet, which would allow processing of general plan
amendments associated with annexations within the urban reserve, except for identified major expansion areas,
prior to the Land Use Element update.
Mayor Dunin asked for public comment.
Ned RoQOway. 1163 Main Street, Morro Bay, supported the resolution and urged that the Broad Street
annexation be included.
Evie Hill, felt that it would be unwise to amend the annexation policy with the possible exception of the Broad
Street property.
Allen Settle, spoke against amending the annexation policy and felt that the existing policy should be retained.
Carla Sanders, representing the Citizens Alliance Group, was opposed to the amendment of the policy until
additional water resources are available.
Made Cox, representing the Chamber of Commerce, spoke in support of the recommendation to adopt
Resolution A.
Roy Hanff, 565 Lawrence Drive, spoke in support of leaving the annexation policy as is.
John French. 4360 Sunflower, questioned the time frame as to when the LUE would be completed. He requested
an accounting of what it has cost to date for having the LUE review and felt that until those costs could be
identified and a time frame established, it is unfair to hold any annexations until the LUE was completed.
John Dunn. City Administrative Officer, stated that the staff was looking at ways of speeding up the LUE
process and that would be coming to the Council shortly.
Councilwoman Pinard raised the issue that the Telegram- Tribune had indicated to staff today that they were
no longer interested in the Cooperage property near The Graduate which, in her opinion, was what precipitated
the request for the annexation policy change and felt that it may not be necessary as originally thought.
Upon question, Arnold Jonas explained that previous Council action directed staff to proceed with the Broad
Street annexation and, unless directed otherwise, staff will proceed along those lines. Resolution A would
accommodate this and several other areas as well. In all cases, each area would have to be individually
reviewed and approved by the Council.
Councilwoman Rauna commented that the City can't annex unless resources are available so the issue of
sufficient resources is moot. She considers the areas in the City's urban reserve as the eventual area of the
City and didn't see that changing. She would like concensus from the Council to that effect. She further stated
that is what the Open Space Element is being based upon.
Councilman Roalman stated that he had been the one who had originally suggested annexing the Broad Street
property as it made sense that if you provided City services that the City should also have benefit of the sales
City Council Minutes Page 7
Tuesday, May 21, 1991 - 7:00 p.m.
tax that it is currently losing to the County. He did not wish, however, to completely revise the annexation
Policy.
Councilman Reiss stated he could support the stag' recommendation and wished to move ahead with the LUE
as quickly as possible and could therefore support Resolution A
Councilwoman Pinard again stated that she could only support the Broad Street area at this time.
After discussion, moved by RaRpa/Reiss to adopt Resolution No. 6983 (Resolution B) (3,2 Councilmembers
.Pinard and Roalman voting no) to allow processing of general plan amendment requests for properties located,
outside of City limits.
6. PARKING STRUCTURE REPAIR PROJECT (File No. 91 -10)
Council considered plans and specifications for crack repair for the Palm Street and Marsh Street parking
structures; estimated to cost $42,000 (continued from 3/19/91 and 5/7/91).
Dave Romero. Public Works Director, reviewed the staff report with the recommendation that Council approve
the plans and specs for the crack repair and authorize solicitation of bids and award a contract if the lowest
responsible bid is within the engineer's estimate.
Councilman Reiss was concerned that the parking structures were experiencing such failure, even if it wasn't
structural failure, this early and that maybe an impartial analysis by another engineer should be conducted to
identify whether the previous analysis of the failures or cracks was adequate. He also questioned whether or,
not the contractor should be liable for a portion of this.
Mayor Dunin asked for public comment.
Roy Hanff felt that it was a waste of taxpayer's money and did not support the recommended action.
Pete Evans also supported Councilman Reiss's concerns and urged against the approval.
Moved by Rappa /Roalman to approve the plans and specifications for the crack repair project, authorize- staff
to solicit bids, and authorize the CAO to award contract to the lowest responsible bidder within the engineer's
estimate. Motion failed (2 -3, Councilmembers Pinard, Ranna• and Reiss voting no).
Moved by Reiss /RanRa to direct staff to obtain an independent analysis to review whether existing engineering
analysis is adequate. Motion carried (3 -2, Councilwoman Pinard and Mayor Dunin voting no).
7. SIDEWALK IMPROVEMENT PROJECT (File No. 91-04)
Council considered plans and specifications for "Sidewalk Improvement Project: Santa Barbara Street - Church
Street to Morro Street;" City Plan No. R40B; estimated to cost $15,010.60 for original project; $15,620 for
alternate project (continued from 9/19/90, 4/3/91 and 5/7/91).
Dave Romero. Public Works Director, requested that this item be continued to a future meeting to allow him
an opportunity to speak with the property owner.
Upon general concensus, this item was continued as recommended.
8. CITY ELECTION CAMPAIGN REGULATIONS (File No. 326)
Council considered an ordinance to amend the City's Election Regulations (continued from (4/3/91).
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City Council Minutes Page 8
Tuesday, May 21, 1991 - 7:00 p.m.
Pam Voees. City Clerk, briefly reviewed the agenda report with the recommendation that Council introduce the
ordinance to print amending the City's Election Regulations as recommended in the staff report which included
two primary changes from the last meeting which were to leave the $100 contribution per person and to include
a $100 late filing fee of disclosure statements.
Mayor Dunin left the meeting. Vice Mayor Roalman presiding.
Pete Evans spoke in support of retaining the original language under criminal misdemeanor actions and civil
actions which provided that the City Attorney shall respond within 10 days, rather than the proposed 40 days,
after receipt of the request indicating whether or not he /she intends to file a civil action. He further urged to
retain the language that the City Attorney file suit within 30 days rather than 40 days as is currently being
proposed. He also suggested some minor grammatical word changes.
Mayor Dunin returned to the dais.
After discussion, moved by Roalman /Ranua, to introduce Ordinance No. 1191 to print (4 -1, Mayor Dunin voting
no) to amend the City's Election Regulations as proposed by staff and including those changes suggested by
Mr. Evans.
COMMUNICATIONS
C.1. ENERGY EFFICIENCY
Council considered a communication from Councilwoman Rappa regarding saving money through energy
efficiency. Upon general concensus, staff directed to bring back a resolution authorizing the tiling of an
application with the California Energy Commission for participation in its Energy Partnership Program.
C.2. HAZARDOUS WASTE FUNDS AWARDED TO COUNTY
Council considered a communication from Councilwoman Rauua regarding monies awarded to the County for
Hazardous Waste Programs. Upon general concensus, staff directed to draft a letter for the Mayor's signature
to the Board of Supervisors requesting a portion of Hazardous Waste Program funds ($31.000) to assist
ECOSLO to.help clean up oil saturated soil on their premises.
C3. TELEGRAM - TRIBUNE ANNEXATION
Ken Hamnian, Assistant City Administrative Officer, stated that the Telegram- Tribune had withdrawn its City
annexation request as the building would not meet their long term needs due to structural problems.
11:45 p.m. Mayor Dunin adjourned the meeting to closed session to consider the Mission Plaza expansion.
12:05 a.m. There being no further business to come before the City Council, Mayor Dunin adjourned the
meeting to Wednesday, May 29, 1991, at 12:00 p.m. �1
APPROVED BY COUNCIL: 9 -17 -91
PV:jb P m Voges, City
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