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01/07/1992158 City Council Meeting Tuesday, January 7, 1992 - 7:00 P.M. PRESENTATIONS Page 2 A. Presentation by Irma Famularo and Kathleen, Cross, Co- directors of the Board of ARTernatives, thanking the City Council for its support. B. Presentation by Mayor Dunin of Employee Suggestion Award to John Caudill, Field Service Technician in the Police Department, for his suggestion relative to handling vehicle change - overs. CONSENT AGENDA Moved by Roalman /Reiss, the Consent Calendar was unanimously approved as recommended by the City Administrative Officer with the exceptions of C -5 and C -10 as noted. Motion carried (4-1, Councilwoman Pinard absent). C -1 COUNCIL MINUTES Moved by Roalman /Reiss (4 -0-1, Councilwoman Pinard absent), the following minutes were approved as amended: Tuesday, November 19, 1991 at 7:00 P.M.; and Monday, November 25, 1991 at 6:00 P.M. C -2 CONTRACT PAY ESTIMATES Council considered contract Pay estimates and work orders. Moved by Roalman /Reiss (4 -0-1, Councilwoman Pinard absent), contract pay estimates and change orders were approved and ordered paid as recommended. C -3 PACIFIC GAS & ELECTRIC ACT -2 PROGRAM (File No. 495) Council considered the approval of City participation in Pacific Gas & Electric's Act -2 Program (Advanced Customer Technology Test for Maximum Energy Efficiency). Moved by Roalman /Reiss (4 -0-1, Councilwoman Pinard absent), to approve participation in the Act -2 Program and instruct staff to work with PG & E, consultant, architect and contractor to produce a project which is a model for energy efficiency as amended. C-4 RFP - SLO TRANSIT SERVICE (File No. 541) Council considered the approval of a draft agreement and Request for Proposals (RFP's) to provide transit service for SLO Transit for Fiscal Years 1992/93 - 1994/95 (draft agreement and RFP is available in Council Office for inspection). Moved by Roalman /Reiss (4 -0-1, Councilwoman Pinard absent), approved and authorized the City Administrative Officer to distribute a Request for Proposals (RFP) and proposed new contract (A -01- 92-CC) for SLO Transit Service for Fiscal Years 1992/93 - 1994/95 as recommended. City Council Meeting Page 3 Tuesday, January 7, 1992 - 7:00 P.M. C -5 RFP - CABLE TELEVISION CONSULTANT (File No. 143) Council considered a request to approve and authorize the distribution of a Request for Proposals (RFP) for consultant assistance with renegotiating the City's cable television franchise agreement estimated to cost $50,000. Councilwoman Pinard was concerned with the amount of money for the study. She suggested that the League of California Cities be contacted and that various correspondence had been received from Congressman Panetta as to what was happening at the national level. The City would not gain much more by hiring a consultant for this purpose. Jeff Jorgensen. City Attorney, urged that the Council support the use of a consultant. He felt it was important to hire someone with specific expertise who can stay abreast of the constant changes and that it would be in the City's best interest to be sure that the best franchise agreement is approved. Ken Hamuian, Assistant City Administrative Officer, said that there is a substantial amount of evaluation required including the existing performance of the cable operator, technical issues such as signal quality and assessment of the engineering channels. After discussion, moved by RoalmanjRanna to approve the staff recommendation, to approve (1) the RFP for consultant assistance with the renegotiating the City's cable television franchise agreement authorizing its release; and (2) authorizing the City Administrative Officer to review the RFP's received, select the most qualified consultant and execute a contract (A -02.92 -CC) for an amount not to exceed $50,000 as authorized In the 1991 -93 Financial Plan as recommended. 1 Motion carried (4 -1, Councilwoman Pinard voting no). C-6 BUS MAINTENANCE FACILITY CLEAN -UP (File No. 542) Council considered a request for a budget amendment in the amount of $4,500 in support of hydraulic oil spill clean -up and repairs at the Bus Maintenance Facility. Moved by Roalman /Reiss (4-0-1, Councilwoman Pinard absent), to approve an appropriation in the amount of $4,500 from TDA fund balance to cover vendor costs of demolition, clean -up and reconstruction in connection with underground hydraulic oil leak at the Bus Maintenance Facility as recommended. C -7 OPEN SPACE ELEMENT ADVISORY COMMITTEE APPOINTMENTS (File No. 123) Council considered the Parks and Recreation Commission's recommendation for appointments to the Open Space Element Advisory Committee (OSEAC). Moved by Roalman /Reiss (4 -0-1, Councilwoman Pinard absent), to appoint 17 members to the Open Space Element Advisory Ad Hoc Committee as recommended by the Parks and Recreation Commission. C-8 WORK PROGRAM FOR OPEN SPACE ELEMENT (File No. 461) Council considered hiring a consultant to facilitate and organize workshops for the Open Space Element Advisory Committee. 1 159 160 City Council Meeting Page 4 Tuesday, January 7, 1992 - 7:00 P.M. I Moved by Roalman /Reiss (4 -0-1, Councilwoman Pinard absent), (1) authorized the selection of Pete Dangermond for workshop organization and facilitation, and (2) authorized the Mayor to sign the consultant contract (A4)3- 92-CC) for an amount of compensation not to exceed $13,000 for the - facilitation and organization of community workshops, the provision of information, and review of relevant documents as recommended. C -9 BIA BOARD OF DIRECTORS (File No. 123) Council considered confirming a new member to the Business Improvement Association Board of Directors. Moved by Roalman /Reiss (4-0-1, Councilwoman Pinard absent), to approve the appointment of Charlie Bears to the BIA Board of Directors for unexpired term ending March 31, 1992 as recommended. C -10 RFP - HEADQUARTERS FIRE STATION RECREATION ADMINISTRATION BUILDING (File No. 727) Council considered a proposed RFP process for new Headquarters Fire Station /Recreation Administration Building. Laurel Houaham- Hiestt, 987 Osos Street, asked for clarification regarding what constituted residency for local preference, whether you had to be a resident or your business could be in the City of San Luis Obispo. Bob Neumann, Fire Chief, explained that if the business or if the resident lived in the City of San Luis Obispo, they would be considered local. Moved by Rapoa /Roalman to approve the RFP process and direct staff to initiate the procedure of retaining architectural services for the design of the Headquarters Fire Station/ Recreation Administration Building as recommended. Motion carried (5 -0). COUNCIL LIAISON REPORTS L.R.I. Vice -Mayor Rappa informed the Council that the Airport Land Use Commission will consider admending their Land Use Policy to allow day care facilities within the vicinity of the airport. PUBLIC HEARINGS 1. STREET ABANDONMENT - SAN LUIS DRIVE (File No. 535) Council held a public hearing to consider the final abandonment of a portion of excess San Luis Drive right- of-way northeasterly of Corralitos Avenue, adjacent to 2097 San Luis Drive; R -1 zone; Charles Hanks, applicant (continued from 12 /3/91). Dave Romero, Public Works Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution abandoning a portion of San Luis Drive right -of -way subject to conditions noted in the staff report. Mayor Dunin declared the public hearing open. Steve Frank, applicant, spoke in support of the staff recommendation. Mayor Dunin declared the public hearing closed. 161 City Council Meeting Page 5 Tuesday, January 7, 1992 Moved by Reiss /Roalman. Resolution No. 7063 was adopted (5 -0) abandoning a portion of San Luis Drive right- of-way as recommended. 2. SIDEWALK IMPROVEMENTS - SANTA BARBARA STREET (File No. 533) Council held a public hearing to confum costs for installation of curb, gutter and sidewalk under City ordinance for public convenience and necessity on the westerly side of Santa Barbara Street between Church and Morro Streets (1814 Morro Street) (continued from 9/18/90 and 6/18/91). Dave Romero . Public Works Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution confirming costs as recommended; however, he stated that the property owner had paid the total assessment of $7,417.88 which can be removed as a lien. Mayor Dunin declared the public hearing open. ` No one spoke for or against improvements. Mayor Dunin declared the public hearing closed. Moved by Reiss/Dunin, Resolution No. 7064 was adopted confirming costs as amended. Motion carried (4- 1, Councilwoman Pinard voting no). Moved by Reiss /Roalman, to credit the property owner with the difference in cost between the detached 1 sidewalk actually constructed and the integral sidewalk called for by City policy. Motion carried (4-1, Councilwoman Pinard voting no). Councilwoman Pinard expressed her concern that the Council should be fair and extend this policy to all property owners and not just show favoritism to this one. 3. APPEAL - MISSION STREET PLAY LOT (File No. 407) Council held a public hearing to consider an appeal by Merrill C. Gaines of an Architectural Review Commission action to approve renovation of a City -owned play lot (Mission Street Play Lot) located at 870 Mission Street. Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that the Council adopt a resolution denying the appeal and upholding the Architectural Review Commission's action approving the project as recommended. He explained that the applicant, Mr. Merrill Gaines, called earlier today requesting a continuance of this item as he was out of town and unable to be present. Upon general consensus, Council agreed to hold the hearing. Mayor Dunin declared the public hearing open. Greg Macedo, a resident of the neighborhood, urged the Council to deny the appeal and uphold the ARC's action as recommended. Alexis Slim also spoke in support. Nancy Nemeoretty spoke in support of the Play Lot. Mayor Dunin declared the public hearing closed. 162 City Council Meeting Page 6 Tuesday, January 7, 1992 Mayor Dunin stated for the record that a petition had been received signed by 26 concerned citizens urging support of the Play Lot. After brief discussion, moved by Pinard Reiss, Resolution No. 7065 was adopted (5 -0) denying the appeal and upholding the Planning Commission's action to approve the project as recommended. 4. APPEAL - DELTA UPSILON FRATERNITY HOUSE (File No. 407) Council held a public hearing to consider an appeal by David Jones, President of Delta Upsilon, of a Planning Commission action allowing continued fraternity use, but deny requested amendment to the use permit to allow Rush Week (U 1515) for a fraternity house located at 720 and 726 Foothill Boulevard Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution to deny the appeal and uphold the Planning Commission's action. Mayor Dunin declared the public hearing open. David Jones. 726 Foothill Blvd., gave a lengthy presentation urging the Council to allow at least one rush event for the fraternity on a trial basis. He explained that the rush events are not parties, that fraternities are good neighbors, and that they make every attempt to stay within the parameters set forth by their use permit. He stated the rushes were necessary to help keep them financially viable. At the time of the Planning Commission's review, the fraternity was working on a parking plan to address the problem and had been unable to complete it at that time. At this point, the proposal is ready and they can meet the requirements. Fran Winter. 710 Foothill Blvd., stated that she has not had a problem with the fraternity and supported their having a rush. Seth Catalli. Vice President of the fraternity, explained that they were a small fraternity and they wish to keep it that way. They are proud of the way they keep their building and their landscaping. He urged the Council to give them an opportunity for the rush events. Glenda Parosi, property manager of the property, spoke in support of allowing the fraternity to rush. Anna Barbosa, 234 Ferrini Road, in representing the petitioners reviewed various disturbances that she had witnessed at the fraternity. She did not believe they were responsive to their neighbors and was concerned about the parking. AI Bonin, 272 Del Mar Court and owner of the adjoining Linea Apts., spoke against the fraternity being allowed to have their rush. He felt that there was already a real problem with parking and this would only create additional problems. Kirt Caoer, 1314 Foothill Blvd., stated that there were no outstanding warrants on the fraternity and urged the Council's support of allowing rush. Elinor Bonin spoke in opposition of the fraternity's request. Mike Flora, 143 Ferrini, opposed the fraternity being allowed rush events at the site. Gary Gilkinson, spoke in support of the fraternity's request. Willie and Bess Sedada spoke in support of the request. Edna Scurry . Ferrini Road, urged the Council against allowing rush events because of the shuttle service. 163 City Council Meeting Page 7 Tuesday, January 7 1992 - 7.00 P.M. Victor Barbosa also witnessed a party at the fraternity and urged against their request. Richard Tsurusd, 140 Ferrini #14, urged against. 9:00 P.M. Mayor Dunin declared a recess. 9:15 P.M. City Council reconvened; all City councilmembers present. David Jones. President of the fraternity, responded to some of the issues raised during the public portion of the meeting. Councilman Roalman spoke in support of the neighborhood; agreed with the findings and conclusions of the Planning Commission. After discussion, moved by Roalman /Ranua. Resolution No. 7066 (4 -1, Mayor Dunin voting no) denying the appeal and upholding the Planning Commission's action as recommended. 5. UNREINFORCED MASONRY ORDINANCE (File No. 707) Council considered adoption of seismic strengthening standards for unreinforced masonry buildings by creating a new appendix chapter in the Building Code (continued from 12/3/91). A request had been received from the BIA requesting the continuance of this item. Moved by Pinard /Ranua to continue this item without discussion to date certain Tuesday, January 21, 1992 to allow time for additional review and comment. Motion carried unanimously (5 -0). ..------------------------------- --- ---- ....- .-- ................ COMMUNICATIONS COMMA. Communication from Councilman Reiss proposing an ordinance to prohibit cigarette vending machines within the City. After brief discussion and upon general consensus, this item was referred to staff for preparation of an ordinance and report. COMM2. Councilwoman Pinard appointed as Council representative to attend the County Board of Supervisors public hearing on the Clean Air Plan to be held January 21, 1992. COMM 3. Saint Stephen's Church - Homeless Temporary Use Permit. Upon general consensus, staff was directed to bring to Council as its next regular meeting the issuance of temporary use permits for homeless shelters in churches in any zoning district and of waiving development fee. There being no further business to come before the City Council, Mayor Dunin adjourned the meeting at 1130 P.M. to Monday, January 13, 1992 at 7:00 P.M. APPROVED BY COUNCIL: 2/4/92 v Pa Voges, City C PV-cm