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HomeMy WebLinkAbout07/02/199151 City Council Minutes Page 2 Tuesday, Judy 2, 1991 - 7:00 p.m. PUBLIC COMMENT No public comment was received. CONSENT AGENDA Moved by Reiss /Rauuw. the Consent Agenda was unanimously approved as recommended by the City Administrative Officer with the exception of C -9 as noted (4 -0-1, Councilwoman Pinard absent). C -1 COUNCIL MINUTES Moved by Reiss /RaMM (44-1, Councilwoman Pinard absent), the following minutes were approved as amended: Wednesday, May 29, 1991 at 12:00 Noon; and Monday, June 3, 1991 at 12:00 Noon C -2 CONTRACT PAY ESTIMATES Moved by Reiss /Rapp (44-1, Councilwoman Pinard absent), contract pay estimates and change orders approved and ordered paid as recommended C -3 SEWER USE ORDINANCE (File No. 526) Moved by Reiss /Ranna.Ordinance No. 1195 (44-1, Councilwoman Pinard absent) given final passage amending the City Sewer Use Ordinance in order to meet the requirements of the National Pretreatment Program as recommended (continued from 6/18/91). ' C4 SALARY ADJUSTMENTS FOR APPOINTED OFFICIALS (File No. 622) Moved by Reiss /RapQa (4 -0-1, Councilwoman Pinard absent), Resolution Nos. 6993. 6994, and 6995 were adopted adjusting annual salaries for the City Administrative Officer, City Attorney and City Clerk respectively as recommended C -5 EOC HOMELESS SHELTER AGREEMENT (File No. 1011) Moved by Reiss /Rapua to authorize the Mayor to execute AMement No. A- 87 -91 -CC (4 -0-1, Councilwoman Pinard absent) with the Economic Opportunity Commission in the amount of $120,000 for Homeless Services during 1991 -92 as recommended C-6 BIA ADMINISTRATOR CONTRACT (File No. 471) Moved by Reiss /Rapp. Resolution No. 6996 (4 -0-1, Councilwoman Pinard absent) was adopted approving Ammement No. A- 88 -91-CC as contract of employment between the City of San Luis Obispo and Lynn Block. BIA Administrator, for the period of July 3, 1991 through July 3, 1992 as recommended. C -7 INFORMATION SYSTEMS POLICY (File No. 108) Moved by Reiss /RapRa, Resolution No. 6997 (4 -0-1, Councilwoman Pinard absent) was adopted approving policies guiding the acquisition, use and management of the City's Information Systems over the next four years as recommended C -8 SEWER MAIN PROJECT (File No. P -59R) ' Council considered plans and specifications for "Sewer Main Reconstruction Project: Laurel - Orcutt Easement," City Plan No. P -59R, estimated to cost $41.000 including contingencies. 52 City Council Minutes Page 3 Tuesday, July 2, 1991 - 7:00 p.m. ' Moved by Reiss /RaRra (4-0-1, Councilwoman Pinard absent), to 1) approve plans and specifications, 2) authorize staff to advertise for bids, and 3) authorize the City Administrative Officer to award a contract if lowest responsible bid is within engineer's estimate as recommended. C -9 ECONOMIC CONSULTING SERVICES AGREEMENT (File No. 461) Consideration of an agreement for General Plan update economic consulting services. Moved by Reiss /Rap oa. to authorize the Mayor to execute Agreement No. A- 89 -91-CC (3 -1 -1, Councilman Roalman voting no, Councilwoman Pinard absent) with Mundie and Associates for economic information for the Land Use Element update with a cost not to exceed $40,000. .--- - -� -M- PUBLIC HEARINGS �-- _�__� ............. 1. APPEAL - 1023 MARSH STREET (File No. 407) Council held a public hearing to consider an appeal by Joe Ramirez of a decision by the Architectural Review Commission to deny changes to approve plans for a carwash remodel at 1023 Marsh Street (Sunset North Carwash). (Continued from 6/18/91.) Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that Council adopt the resolution in the packet to deny the appeal and uphold the commission's action as recommended. Mayor Dunin declared the public hearing open. Joe Ramirez, applicant and appellant, spoke in support of his appeal and expressed concerns about Conditions #4 and #6. Dave Garth. representing the Chamber of Commerce, spoke in opposition to the appeal. Melinda Bradford, representing the Architectural Review Commission, reviewed the commission's concerns. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Roalman /Reiss to adopt Resolution No. 6998 (3 -1 -1, Councilwoman Raana voting no, Councilwoman Pinard absent) to deny the appeal and uphold the commission's actions with amendments to Conditions #4, #6 and #7 relative to building facias, equipment enclosure, and a pedestrian walkway. BUSINESS ITEMS 2. FOURTH OF JULY PARADE (File No. 832) Council considered a resolution which would support a Fourth of July Independence Day Parade (continued from 4/16/91). Mayor Dunin reviewed the report stating that the Business Improvement Association (BIA) had taken action to sponsor the Fourth of July Independence Day Parade with the theme "SLO Salutes the Guardians of Our Independence" and is a special welcome home to the veterans of Desert Storm and their families. There was a resolution in the Council's packet to that effect and he urged the Council to adopt it. Councilman Roalman stated that he could support it with a couple of additional whereas's. He submitted a , copy of the revised language and made a motion to adopt the resolution including the two whereas's he had recommended. Motion failed for lack of a second. 53 City Council Minutes Page 4 Tuesday, July 2, 1991 - 7:00 p.m. After additional discussion, moved by Dunin /Reiss. Resolution No. 6999 (3 -1 -1, Councilman Roalman voting no, Councilwoman Pinard absent) was adopted to support the Fourth of July Parade as submitted. Mayor Dunin asked for public comment. Hank Alberts, representing the American Civil Liberties Union (ACLU), felt that the parade as currently approved violated both the 1st and. 14th Amendments. He urged the Council to deny the parade application unless the other entries, which had previously been denied, were allowed to participate. Alan Martin, representing the Business Improvement Association, read a prepared statement into the record urging Council support of the parade. Randy Davies, 1534 Osos Street, urged the Council to allow all entries into the parade. Marion Wolff, 3128 Spring Court, also supported the inclusion of all applicants. Richard Kranzdorf.160 Graves Avenue, supported all participants. Deanna Constable, P.O. Box 1004 in San Luis Obispo, opposed the denial of any applicants as a matter of freedom of speech. Claridy Skeem, P.O. Box 5204, spoke in support of all applicants. Christina Perralta spoke in support of allowing all entries. Richard Stevens, 1114 Garden Street and a Vietnam veteran, spoke in support of the parade and was upset about comments recently provided by the print media by one of the sponsors of the parade. He also supported including all parade applicants. Richie Ray Walker spoke in support of the parade. Pat Vise 1570 Hansen Lane, one of the entrants who had been denied, also urged the inclusion of all entries. Betty She tzer urged that everyone be allowed to participate. Glen White was opposed to the anti -war activists being allowed in the parade. Brad Goans, P.O. Box 13035 in San Luis Obispo, a veteran, was concerned about not being able to participate in the parade and felt that all entrants should be allowed. Diane Blakesly urged that all participants be included. Alan Martin, a member of the BIA, again clarified the BIA's involvement with the parade versus the picnic being held on the same date and that their involvement was limited to the parade. Randy Miosa stated he did not support war and was upset that the BIA did not include all entries. Dennis Johnston, 4051 Broad Street, also supported the inclusion of all entries. Mrs. Kenneth Wright. 400 Foothill Boulevard, expressed concern about a sign that had been paraded by a Mr. Champ Massey. Steve Shumins also urged the Council to allow all entries. Richard Kreisa felt he'd been denied his constitutional rights as a rejected entrant. 54 City Council Minutes Page 5 Tuesday, July 2, 1991 - 7:00 pm. Pete Evans. 2040 Rachel Street, spoke in support of allowing all people in the parade. Dan Krieger. 662 Islay, supported all participants. Liz Krieger spoke of freedom rights. Kay Franklin. 261 Margarita #21, agreed that all people should be included. Lynn Cooper spoke in support of the BIA's efforts to sponsor the parade and what they were trying to do. Steve Owens. SLO businessman, spoke in support of the BIA. Sam Rafael supported all groups being allowed to participate. Larry Meek. 1308 San Marcos Court, spoke in support of the BIA's position. Desmond Kearn, 1700 Osos Street. felt everyone should be allowed to participate. Wally Stalen urged Council to rescind the permit. Randy Davis thanked Bill Roalman for his support. Dick Kreisa again spoke to his 1st Amendment rights. Richard Stevens spoke in support of all entries. Ray Lovas urged that people work together to welcome the troops home. ' Mike Spangler, former member of the BIA, suggested that the groups get together and compromise. Mayor Dunin closed the public comment. After discussion, moved by Roalman /Reiss to direct the BIA to allow all groups which applied to be in the parade to be able to participate. Motion carried (4 -0 -1, Councilwoman Pinard absent). 930 pm. Mayor Dunin declared a recess. 9:45 p.m. City Council reconvened, all Councilmembers present. 3. EXCHANGE OF PROPERTY (File No. 168) Council considered an exchange of property between the City of San Luis Obispo (Laguna Lake Municipal Golf Course, 11175 Los Osos Valley Road) and Laguna Lake Mobile Estates (1801 Perfumo Canyon Road). (Continued from 5/7/91 and 6/4/91.) Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution of intention to exchange land based on findings and subject to the conditions as indicated in the report. Mayor Dunin stepped down due to a possible conflict of interest. Vice Mayor Roalman presiding. Dave Romero clarified for the record that he did own property in the Laguna Lake Mobilehome Park. 55 City Council Minutes Page 6 Tuesday, July 2, 1991 - 7:00 p.m. Councilman Roalman asked for public comment. Ken Dezinsa representing the park owners, spoke in support of their request. Harry Davis. 1004 Kerry Drive and a Laguna Lake Mobile Estates owner, requested that any necessary repairs to the creek be paid by the owners and not passed on to the tenants in any way. Lloyd Dietrich. 1937 Garnette Drive and also an owner in the mobilehome park, expressed concerns about the exchange. Betty Henson. 1860 Thelma Drive and a property owner in the park, urged against the request. Bill Henson expressed concern about the children's playground area which had become dilapidated; he felt that this was something that should have been corrected a long time ago. Dave Romero stated that upkeep of the playground was a requirement in the original permit and that the area could be brought up to code standards prior to accepting the easement. Councilman Reiss expressed concern about erosion along the creek and felt that this maintenance problem would be ongoing. He could not support the request as currently proposed. After discussion, moved by Roalman /Ranpa to continue this item to the next available meeting that would enable a full complement of the Council. Staff directed to look into alternatives to provide bringing the playground into an upgraded state and also to provide sufficient fire protection. Motion carried unanimously (3 -0-2, Mayor Dunin and Councilwoman Pinard absent). ' Mayor Dunin returned to the dias. 4. BROAD STREET ANNEXATION EIR SERVICES (File No. 441) Council considered the approval of a consultant services agreement for the Broad Street Annexation Environmental Impact Report. Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that Council approve and authorize the City Administrative Officer to execute a contract %ith John L. Wallace and Associates in the amount of $21,920 for preparation of the Broad Street Annexation EIR, and authorize the Finance Director to transfer funds. No public comment was offered. After brief discussion, moved by Ranna /Reiss to approve Agreement No. A- 90 -91 -CA (3 -1 -1, Councilman Roalman voting no, Councilwoman Pinard absent) authorizing the CAO to execute as recommended. 5. CITY /CAL POLY HOUSING STUDY (File No. 425) Council considered a joint City/Cal Poly Student Housing Preference Study (continued from 6/18/91). Arnold Jonas, Community Development Director, briefly reviewed the agenda report with the recommendation that Council 1) ratify selection of MPC and Associates as the consultant for the desired study, and 2) authorize the Mayor to execute a contract with the consultant and Cal Poly at a cost not to exceed $74,000 to be shared equally by the City and Cal Poly. Mayor Dunin asked for public comment. 1 Brett Cross, 12117 Mariner's Cove, felt that the agreement was too expensive and urged against it. 56 City Council. Minutes Page 7 Tuesday, July 2, 1991 - 7:00 p.m. Councilman Roalman.was also concerned that the study would not really do what we were asking for. After brief discussion, moved by RanRa %Reiss to approve Agreement No. A- 91 -91 -CC (3 -1 -1, Councilman Roalman voting no, Councilwoman Pinard absent) as recommended. 6. 1991 -93 PROMOTIONAL PROGRAM (File No. 1055) Council considered recommendations from the Promotional Coordinating Committee (PCC) regarding the 1991- 93 Promotional Program. Alison Lloyd Administrative Analyst, reviewed the agenda report with the recommendation that Council 1) consider appropriate funding levels for the City's contracts, and 2) authorize the Mayor to execute two -year contracts with the Chamber of Commerce and the San Luis County Visitor's and Conference Bureau for promotional services as recommended in the staff report. Mayor Dunin asked for public comment. Dan Pittawav, representing the PCC, spoke in support of their recommendations. Dave Garth stated he was available for questions. Joni Eilar, on behalf of the Visitor's and Conference Bureau, spoke in support. Jan Lynch, representing the Hotel /Motel Association, spoke in support. Mitchell Hirschman, with Quality Suites, spoke in support of the request. Ann Denshaw, co -owner of the Adobe, spoke in support. After discussion, moved by Roalman /Rani) to adopt the recommendation by the Promotional Coordinating Committee for the individual contracts with the Chamber of Commerce and the Tourist Water Awareness Program of $5,800 as proposed by staff. Motion carried (4 -0-1, Councilwoman Pinard absent). Moved by Roalman to approve the Chamber of Commerce and Visitor's and Conference Bureau contracts as previously budgeted under the 1991 -92 budget requests. Motion failed for lack of a second. Moved by Raoua /Reiss to approve the Chamber of Commerce's request for visitor's services and promotion as recommended by the PCC. Motion carried (3 -1 -1, Councilman Roalman voting no, Councilwoman Pinard absent). 1135 pm. Mayor Dunin adjourned the meeting to closed session to discuss possible litigation 12:10 a.m. There being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Monday, July 8, 1991 at 830 a.m. / APPROVED BY COUNCIL: 8 -20-91 V PV:jb Pal Voges, City 1 rk 1