HomeMy WebLinkAbout10/01/1991t
City Council Meeting Page 2
Tuesday, October 1, 1991 - 7:00 P.M. '
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, OCTOBER 1, 1991 - 7:00 P.M.
COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: Vice Mayor Bill Roalman, Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss and
Mayor Ron Dunin
Absent: None
City Staff
Present: John Dunn, City Administrative Of iicer, Ken Hampian, Assistant City Administrative
Officer, Jeff Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold Jonas,
Community Development Director, Bill Statler, Finance Director, Bob Neumann, Fire
Chief, Jim Gardiner, Police Chief; Dave Romero, Public Works Director, Bill Hetland,
Utilities Director, Deb Hossli, Administrative Analyst
PUBLIC COMMENT
P.C1. Naoma Wright. 400 Foothill Boulevard, requested the City make a greater effort to require Cal Poly
students to adhere to City regulations. ,
P.C.2. Bryan Kennedy, 667 Monterey, urged better enforcement of noise regulations relative to McClintock's
Saloon on Higuera Street.
P.C3. Gary Felsman. 2234 Santa Ynez, 1) felt that it was not appropriate that the Planning Commission
continued to discuss the Frontier /Donnington Motel application after it had been pulled from the agenda, and
2) did not support the $75,000 City/Cal Poly study.
P.C.4. Keith Gurnee, 108 Broad Street, requested that Council review and revise the Tri -Polar policies in its
current discussion of the General Plan.
PRESENTATIONS
A. Presentation by Mayor Dunin and Councilwoman Ranna to Kevin Niles, Building Maintenance Technician,
as part of the Employee Suggestion Award Program to acknowledge him for his suggestion to add new time -
clocks and rewire lighting fixtures and controls in two City parking structures for energy savings; cost.savings
in excess of $6,700.
B. Presentation by Police Chief.lim Gardiner to the City Council and the City Administrative Officer thanking
them for their support of the D.A.R.E. program.
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City Council Meeting
Tuesday, October 1, 1991 - 7:00 P.M.
CONSENT AGENDA
Page 3
Moved by Rapna /Roalman (5 -0), to approve the Consent Agenda as recommended by the City Administrative
Officer with the exceptions of C -5, C -0, C -8, C -9, and C -10 as indicated.
C -1 COUNCIL MINUTES
Moved by Rappa /Roalman (5 -0), the following minutes were approved as amended:
Tuesday, July 16, L991 at 7:00 P.M.;
Monday, July 29,1991 at 830 A.M.;
Monday, August 5, 1991 at 830 A.M.; and
Tuesday, August 6, 1991 at 7.00 P.M.
C -2 CONTRACT PAY ESTIMATES
Moved by Rapna /Roalman (5 -0), contract pay estimates and change orders were approved and ordered paid
as recommended.
C -3 ENERGY AWARENESS MONTH (File No. 495)
Moved by Rapna /Roalman (5 -0), Resolution No. 7033 was adopted designating City participation in National
Energy Awareness Month as recommended.
C4 HIGHWAY ELECTRICAL FACILTtIES (File No. 1145)
Moved by Rapna /Roalman (5 -0), Amendment #3 to the agreementwith the State Department of Transportation
for sharing costs of highway electrial facilities was approved and authorized the Mayor to execute the
amendment as recommended.
C -5 WATER TREATMENT PLANT CONTRACT AMENDMENT (File No. 511)
Council considered an amendment to the contract with Black and Veatch Engineers for the design of the Water
Treatment Plant Upgrade and Expansion for an amount not to exceed $35,000 (continued from 8/29/91).
Mayor Dunin expressed the concern that he would like to see staff more diligent in executing contracts and
having them carried out in a timely fashion. He felt the $35,000 was a result of poor follow through.
After brief discussion, moved by Rappa /Roalman (3 -2, Councilman Reiss and Mayor Dunin voting no),
Amendment No. 1 (A- 112 -90-CO was approved for the contract with Black and Veatch Engineers in the amount
not to exceed $35.000 as recommended.
C-6 STREET ABANDONMENT (File No. 410/2066)
Council considered a request to abandon portions of Mutsuhito and Frederick Avenues between Victoria Avenue
and the former Pacific Coast Railroad right -of -way (continued from 9/17/91).
After discussion, moved by Rauna /Roalman (5 -0), Resolution of Intention No. 7034 was adopted to set a public
hearing for Tuesday, October 29, 1991 to consider abandonment of the requested street portions as
recommended.
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Tuesday, October 1, 1991 - 7:00 P.M.
C -7 WASTEWATER TREATMENT PLANT IMPROVEMENTS (PHASE III) (File No. P -38S)
Moved by Ranna /Roalman (5 -0), Contract No. A- 117 -91 -CC was approved with D.W. Peterson Construction
in the amount of $54,811.02 for Wastewater Treatment Plant Improvement (Phase 111); Digester #3 Repair and
Mayor authorized to execute as recommended.
C-8 SEISMIC SAFETY CORRECTIONS (File No. 707)
Council considered engineering services on the Seismic Safety Corrections project for City -owned buildings.
Councilwoman Pinard expressed concern that this project is premature. She did not know what the seismic
standards were yeL Priorities were not significant enough at this time to go forward.
After additional discussion, moved by Ranna /Roalman (3.2 Councilwoman Pinard and Mayor Dunin voting
no), to: 1) award Agreement No. A- 132 -91 -CC for engineering services to Howard P. Stup & Associates in the
amount of $46,116.00; 2) authorize the Mayor to execute the agreement; and 3) authorize the City Administrative
Officer to execute a future amendment to the agreement establishing a fee (zero) for construction of
administration services as recommended.
C -9 GENERAL PLAN UPDATE CONSULTANT (File No. 461)
Council considered approval and authorization for the Mayor to execute an agreement with Fugro- McClelland
to prepare an EIR for the Land Use Element and Circulation Element updates, for a total cost not to exceed
$85,000.
After discussion, moved by Ranna /Roalman (4 -1 Mayor Dunin voting no), to approve the recommendation
as submitted.
C -10 GRADING EXCEPTION (File No. 402)
Council considered an exception to the grading ordinance for a house and driveway to be built on the northeast
side of Santa Ynez Avenue, southeast of San Miguel Avenue in the Monterey Heights neighborhood.
Councilwoman Pinard cautioned about granting early grading exceptions because of the past history of
problems that the city has had by doing so.
After discussion, moved by Roalman /Rappa (4 -1 Councilwoman Pinard voting no), Resolution No. 7035 was
adopted to authorize an exception to the grading ordinance as recommended.
APPOINTMENTS
Al. CULTURAL HERITAGE COMMITTEE (File No. 123)
Councilwoman Pinard on behalf of the Council's subcommittee (Pinard /Roalman) recommended Denise Fourie
to fill the vacancy on the Cultural Heritage Committee.
Moved by Pinard /Roalman (5 -0), to appoint Denise Fourie to the Cultural Heritage Committee to till an
unexpired term ending 3/31/94 as recommended
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Tuesday, October 1, 1991 - 7:00 P.M.
PUBLIC HEARINGS
1. PLANNED DEVELOPMENT REZONING - PD 1530 (File No. 462)
Council held a public hearing to consider amending the existing development plan allowing for large
office use providing for government offices for CalTrans as recommended by the Planning Commission for
property at 285 South Street; French Bros., applicants (continued from 9/17/91).
Arnold Jonas. Community Development Director, reviewed the agenda report with the. recommendation that
council introduce an ordinance to print which will amend the planned development ordinance to allow certain
large government offices as recommended by the Planning Commission.
Manor Dunin declared the public hearing open.
John French, 4363 Sunflower, spoke in support of the application to allow government use. He stated that the
use by CalTrans would be extremely low impact; that it was close to their existing facilities and would be an
enhancement and not deter from the tri -polar concept.
Keith Gurn ee, representing Don Walters who has government office zone space on South Higuera Street,
reviewed for the council the history of the tri-polar concept over the last eight years. He felt that it was
important to maintain those policies, although stated that many years ago when the policies were developed it
did not account for the expansion that would occur by governmental agencies. In order to be fair to his client,
he felt that the council should provide some kind of equity possibly expand it to provide limited utilities'
services as well.
Bruce Fraser. 890 Peach St., supported the comments by Mr. Gurnee and urged that the council relook at the
' tri -polar policies.
Tom Polak. District 5 Director of CalTrans, urged support of CalTrans' request to move into the Westwinds
Project and explained the process and the decision to move there.
Jan Reeser, also with CalTrans, spoke in support of the location on South Street.
Rick Rodewald attorney for Walter Bros., felt that if the council relaxed its standards for Westwinds Property,
then it should also provide similar equity on South Street.
Mayor Dunin declared the public hearing closed.
After discussion, moved by Roalman /Reiss (3 -2 Councilmembers Pinard and Rappa voting no), to introduce
Ordinance No. 1201 to print, to approve an amendment to the Plan Development 1435 -B allowing government
offices at 265 -285 South Street as recommended by the Planning Commission.
Moved by Dunin /Roalman (5 -0), to direct staff to require that CalTrans prepare a trip reduction program as
part of the use permit process.
Moved by Ranna /Roalman (5 -0), to reevaluate the tri -polar policy, review expanded governmental needs, look
at a larger area and send the reaffirmation to the Planning Commission.
Arnold Jonas. Community Development Director, stated that this is included as part of the general plan land
use discussion and would be coming back to the Council.
8S5 P.M. Mavor Dunin declared a recess.
1 9:05 P.M. City Council reconvened; all Councilmembers present.
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2. TENTATIVE MAP - TRACT 2073 (File No. 410)
Council held a public hearing to consider a tentative tract map creating a nine -unit residential air -space
condominium conversion on the property located at 3150 Rockview Place; Leon Maksoudian, subdivider
(continued from 9/17/91).
Arnold Jonas. Community Development Director, briefly reviewed agenda report with the recommendation that
the council adopt a resolution approving the tentative tract map No. 2073 subject to findings and conditions
recommended by the Planning Commission in consistent with Council Resolution No. 6965.
Mayor Dunin declared the public hearing open.
John Wallace. representing the applicants, spoke in support and urged council to amend condition No. 8 to read
"Subdivider shall refurbish and repair fire safety equipment prior to final map approval, to the approval of the
Fire Marshall Subdivider shall install sprinklers in building 3. Subdivider shall either install fire sprinklers
in building 2, or improve the existing driveway to building 2 to meet city fire access standards."
Mayor Dunin declared the public hearing dosed.
Moved by Rappa /Reiss (5 -0), Resolution No. 7036 was adopted to approve the tentative map for Tract 2073 with
an amendment to condition 8 as requested by the subdivider.
3. BUSINESS TAX ORDINANCE (File No. 297)
Council held a public hearing to consider implementing a revised business tax ordinance to improve the equity, I
administration, and revenue generation abilities of the City's business tax program.
Bill Statler. Finance Director, reviewed the agenda report with the recommendation that Council A) adopt a
revised business tax ordinance to improve the equity, administration, and revenue generation abilities of the
City's business tax program to be effective November 25, 1991; and 2) adopt a resolution establishing fees (0)
for the issuance of duplicate, branch establishment, and change of location business tax certificates to become
effective November 25, 1991. He stated that communications had been received from the BIA and the Chamber
requesting that the date of the business tax not be moved from the current renewal date of April 15 to July 1.
Staff had no problem with this amendment.
Mayor Dunin declared the public heating open.
No one spoke for or against the proposed ordinance.
Mayor Dunin declared the public hearing closed.
Moved by Rappa /Roalman (5 -0), Ordinance No. 1202 was introduced to print revising the business tax
ordinance to become effective November 25, 1991.
Moved by Rappa /Roalman (5 -0), Resolution No. 7037 adopted establishing fees (zero) for the issuance of
duplicate, branch establishment, and change of location busines tax certificates to become effective
November 25, 1991.
4. APPEAL - SLO BEAUTY COLLEGE (File No. 407)
Council held a public hearing to consider an appeal by Morris Goatley (San Luis Beauty College) of a
Community Development Department staff determination denying water allocation transfer from 712 Marsh
Street to 12330 Los Osos Valley Road (continued from 9/17/91).
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Tuesday, October 1, 1991 - 7:00 P.M.
' At the request of the appellant to withdraw this item, it was moved by Ragpa /Pinard (M) to withdraw the
appeal as requested.
BUSINESS ITEMS
5. ECOSLO FUNDING (File No. 481)
Council considered a request of ECOSLO for a City contribution to fund new and expanded services at the
Environmental Center.
Deb Hossli, Administrative Analyst, reviewed the agenda report with the recommendation that council 1)
approve in concept a contribution of $40,600 to ECOSLO over a two-year period ($20,000 in 1991 -92 and $20,600
in 1992 -93) to fund new and expanded services at the Environmental Center; and 2) authorize the CAO to enter
into a two-year agreement for $40,600 with ECOSLO for Environmental Services as described in the staff report.
Mayor Dunin asked for public comment.
Kirt Kupuer. representing ECOSLO, spoke in support of the staffs recommendation although urged the.
council to support it at a higher level.
Mayor Dunin was concerned that there was not sufficient accountability and that there was too much of a
special interest emphasis by ECOSLO. He needed clarification of exactly what the money was for.
After discussion, moved by Roalman /Ranna (3 -2, Councilman Reiss and Mayor Dunin voting no), to approve
the staff recommendation to support the requested $40,600, was approved and the CAO authorized to enter into
an agreement with ECOSLO as recommended.
6. PARKING EXCEPTION - TRACT 1362 (File No. 410)
Council considered a request by the Sueldo Commerce Park Property Owners Association to amend City
imposed requirements of the CC & Rs concerning parking for a 20 -unit service - commercial /industrial air-
space condominium located at 3563 Sueldo Street.
Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that
the council adopt a resolution to deny their request to changes in the CC & Rs regarding parking.
Mayor Dunin asked for public comment.
Michael Draze.1674 La Vineda, spoke in support in amending the CC & Rs particularly relative to allow the
parking exception.
,Tim Batchelor, also spoke in support of the exception.
Tom Friedman, President of the Homeowner's Association, spoke in support of their request for an amendment
to the CC & Rs.
Dennis Eihernn, 537 Cerro Romauldo Avenue, urged the Council allow the property owners to have control of
their parking lot.
Gary Dove, also spoke in support of the proposal which he felt would help the situation.
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Roy Hanf, , urged the council that when they approve development projects of any sort they provide sufficient
parking and felt this was another example of where development was allowed to proceed without providing
sufficient parking spaces.
Diane Graves.1674 La Vmeda, did not believe the property owners had initially been given sufficient notification
to speak to this item. She urged support of the resolution to resolve this issue as proposed.
After discussion, moved by RapRa/Pinard (M), Resolution No. 7038 was adopted approving the changes to the
CC & Rs with Council review in one year.
7. WASTEWATER MANAGEMENT PLAN IMPLEMENTATION UNIT 4 IMPROVEMENTS (File No. R-
29S)
Council considered award of contract for Wastewater Management Plan Implementation, Unit 4 Wastewater
Treatment Plan Improvements Project, City Plan No. R -29S.
Bill Hetiand. Utilities Director, briefly reviewed the agenda report with the recommendation that Council
approve the award and authorize the Mayor to execute the contract with Alder Construction in the amount of
$10,486,781 for the construction of Unit 4 Wastewater Treatment Plant. The award to be made contingent upon
receipt of Approval to Award from the State Water Resources Control Board Division of Loans and Grants.
This came in substantially lower than was estimated.
Moved by Ranua/Roalman (5 -0), to approve and authorize the Mayor to sign Contract A- 135 -91 -CC in the
amount of $10,486,781 as recommended.
COMMUNICATIONS
COMM.1 Upon general consensus, discussion '
of revising the Supervisorial districts to be added to the
Monday, October 7, 1991 agenda.
COMM-2 Councilwoman Pinard authorized to write to various entities /organizations to obtain additional
information regarding transit operations and facilities as requested.
COMM3 Upon general consensus, council directed staff to write a letter of support to Southern California
Gas Company asking to be included in the testing of their natural gas vehicle.
COMMA Upon general consensus, City Administrative Officer directed to meet with the County Administrative
Officer to discuss requests for additional funding for the City/County Museum.
COMMS Upon general consensus, Council supported sending flowers to the family of Councilwoman Doris
Olsen of Arroyo Grande expressing their sympathy of her death.
COMM.6 Upon general consensus, Mayor Dunin requested that Council receive a report from Police Chief
Gardiner updating them on the student incident that took place on Friday, September 27, 1991 at the Council's
next meeting.
There being no further business to come before the City Council, Mayor Dunin adjourned the meeting at
11:40 P.M. to Monday October 7, 1991 at 12:00 P.M. Noon.
Approved
P oges, City Cle t
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Tuesday, October 1, 1991 - 7:00 P.M.
' Roy Hanff, urged the council that when they approve development projects of any sort they provide sufficient
parking and felt this was another example of where development was allowed to proceed without providing
sufficient parking spaces.
Diane Graves. 1674 La Vmeda, did not believe the property owners had initially been given sufficient notification
to speak to this item. She urged support of the resolution to resolve this issue as proposed.
After discussion, moved by Raugg /Pinard (5 -0), Resolution No. 7038 was adopted approving the changes to the
CC & Its with Council review in one year.
7. WASTEWATER MANAGEMENT PLAN IMPLEMENTATION - UNIT 4 IMPROVEMENTS (File No. R-
29S)
Council considered award of contract for Wastewater Management Plan Implementation, Unit 4 Wastewater
Treatment Plan Improvements Project, City Plan No. R -29S.
Bill Hetland. Utilities Director, briefly reviewed the agenda report with the recommendation that Council
approve the award and authorize the Mayor to execute the contract with Alder Construction in the amount of
$10,486,781 for the construction of Unit 4 Wastewater Treatment Plant. The award to be made contingent upon
receipt of Approval to Award from the State Water Resources Control Board Division of Loans and Grants..
This came in substantially lower than was estimated.
Moved by Raupa /Roalman (5 -0), to approve and authorize the Mayor to sign Contract A- 135 -91 -CC in the .
amount of $10,486,781 as recommended.
1 COMMUNICATIONS
COMM.1 Upon general consensus, discussion of revising the Supervisorial districts to be added to the
Monday, October 7, 1991 agenda.
COMM2 Councilwoman Pinard authorized to write to various entities /organizations to obtain additional
information regarding transit operations and facilities as requested.
COMM3 Upon general consensus, council directed staff to write a letter of support to Southern California
Gas Company asking to be included in the testing of their natural gas vehicle.
COMMA Upon general consensus, City Administrative Officer directed to meet with the County Administrative
Officer to discuss requests for additional funding for the City/County Museum.
COMM.5 Upon general consensus, Council supported sending flowers to the family of Councilwoman Doris
Olsen of Arroyo Grande expressing their sympathy of her death.
COMMA Upon general consensus, Mayor Dunin requested that Council receive a report from Police Chief
Gardiner updating them on the student incident that took place on Friday, September 27,1991 at the Council's
next meeting.
There being no further business to come before the City Council, Ma or Duni adl urned the meeting at
11:40 P.M. to Monday October 7, 1991 at 12:00 P.M. Noon.
APPROVED BY COUNCIL: 12 /3/91
Pa Voges, City e
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