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01/21/1992167 City Council Meeting Tuesday, January 21, 1992 - 7:00 P.M. PRESENTATION Page 2 Presentation made from representatives from PG & E and the California Energy Commission recognizing the City of San Luis Obispo for its outstanding energy program. Certificates and plaques of appreciation were given to Tom Harrington, the Energy Coordinator, and Lane Wilson, Parks & Buildings Division Manager, on behalf of the City. CONSENT AGENDA Moved by Roalman / Ranpa (5 -0), the Consent Agenda was approved as recommended by the City Administrative Officer with the exception of C -3 as noted. C -1 COUNCIL MINUTES Moved by Roalman /Ranna (5 -0), the following minutes were approved as amended. Tuesday, December 3, 1991 at 7:00 P.M., and Tuesday, December 10, 1991 at 7:00 P.M. C -2 ANNUAL FINANCIAL REPORT (File No. 202) Council considered the Comprehensive Annual Financial Report (CAFR) for Fiscal Year 1990 -91. Moved by Roalman /Ranna (5 -0), the CAFR for Fiscal Year 1990 -91 was received and riled as recommended. C -3 PROPERTY TAX MANAGEMENT SERVICE (File No. 295) Council considered an agreement for property tax management services. Bill Statler, Finance Director, reviewed the agenda staff report with the recommendation that Council authorize the Mayor to sign an agreement with Hinderliter, DeLlamas and Associates to provide property tax management services to the City at an annual cost of $10,000. He stated that the firm would provide the City with a better understanding of one of our key revenue sources, create a useful data base of the City's taxable property, improve our revenue potential, and assist with our business tax enforcement efforts. He felt that the private sector was the most cost effective way to provide this highly technical service. After brief discussion, moved by Ranpa / Roalman, to authorize the Mayor to sign Agreement A 4)7 -92 -CC as recommended by staff. Councilwoman Pinard expressed concern that she felt that it was too expensive to go outside. She felt that the expertise to provide this service was in -house and would encourage the Finance Department to take this task on. Motion carried (3 -2, Councilwoman Pinard and Mayor Dunin voting no). C4 SEWER MAIN IMPROVEMENT PROJECT (File No. CP P42R) Council considered plans and specifications for Sewer Main Improvement Project: High Street - Beebee to Parker, City Plan No. P42R, estimated to cost $34,700 (excluding contingencies). City Council Meeting Page 3 Tuesday, January 21, 1992 - 7:00 P.M. Moved by Roalman /Rauoa (5 -0), approved plans and specifications for Sewer Main Improvement project, authorized staff to solicit for bids, and authorized CAO to award a contract (A -08- 92-CC) if the lowest responsible bid is within engineer's estimate as recommended. C -5 OPEN SPACE EASEMENT DEDICATION (File No. 462) Council considered accepting an open space easement for the Jeong residence at 367 Hill Street (U 1463). Moved by Roalman /Rapoa (5 -0), Resolution No. 7067 was adopted accepting the open space easement as recommended. C-6 STATUS REPORT - OPEN SPACE ELEMENT (File No. 462) Council considered status report and revised schedule for the Open Space Element. Moved by Roalman /Rauaa (5 -0), received and filed the January 1992 Open Space Element status report and the revised Element schedule as outlined in Exhibit 1 as recommended. C -7 POLICE STATION VENTILATION SYSTEM (File No. 91 -39) Council considered a contract for the design and installation of a heating, ventilating and air conditioning system (HVAC) at the Police Station located at 1042 Walnut Street at a cost of $17,500. Moved by Roalman /Rappa (5 -0), approved and authorized the Mayor to sign an Agreement A -09 -92 -CC with Brummel /Myrick Associates to design, provide plans and specifications, verify construction compliance with plans, and verify start -up procedures for HVAC system at the Police station as recommended. C-8 CAPITAL PROJECT COORDINATIONS & COMMUNICATION (File No. 242) Council considered establishing a policy for coordination and communication in the completion of capital improvement projects in the downtown area. Moved by Roalman /Rappa (5 -0), Resolution No. 7068 was adopted establishing a policy for the coordination of capital improvement projects in the downtown area and other portions of the community. C -9 CONGESTION MANAGEMENT (File No. 1155) Council considered designating the San Luis Obispo Area Coordinating Council ( SLOACC) as the Congestion Management Agency for San Luis Obispo County to review traffic levels, transit standards and trip reduction. Moved by Roalman /Rappa (5 -0), Resolution No. 7069 was adopted designating the SLOACC as the Congestion Management Agency for the County. ..------------------------------------------------ COUNCIL LIAISON REPORTS There were no Council Liaison reports. 1 169 City Council Meeting Tuesday, January 21, 1992 - 7:00 P.M. BUSINESS ITEM 1. UNREiNFORCED MASONRY ORDINANCE (File No. 707) Page 4 Council considered an ordinance establishing seismic strengthening standards for unreinforced masonry buildings (continued from 12/3/91 and 1/7/92). Tom Baasch. Chief Building Olricial, reviewed the agenda report with the recommendation that Council introduce the ordinance to print approving the seismic strengthening standards for unreinforced masonry buildings as recommended in the staff report. Upon question, he stated that the BIA had sent a letter now recommending support as well. His recommendation was introducing the ordinance to print, establishing the standards, and administrative regulations to require all URM buildings to be structurally analyzed within 18 months and that any URM building subject to major remodel or occupancy change be strengthened to the established standards as recommended in the staff report. Moved by Ranoa /Roalman, Ordinance No. 1203 was introduced to print as recommended by staff. Motion carried (4 -1, Councilwoman Pinard voting no). Moved by Raona/Roalman, that staff be directed to return with the fire sprinkler ordinance to revise the compliance date consistent with the URM ordinance. Motion carried unanimously (5 -0). After additional discussion and upon general consensus, staff was directed to return within 6 months with a report on financing mechanism relative to actual structural modifications and within two months provide Council with a report which outlines a specific program for crediting structural analysis costs to building permit fees. PUBLIC HEARINGS 2. HOMELESS SHELTER - TEMPORARY USE PERMITS (File No. 1046) Council held a public hearing to consider homeless shelters as a temporary use in churches in any zoning district (continued from 1/7/92). Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council ratify the Community Development Director's determination that provision of short-term emergency shelter is a historical ancillary function of churches, and may continue without obtaining a use permit if conducted in conformance with generally accepted criteria which would limit the potential for. neighborhood impacts. Mavor Dunin declared the public hearing open. Roger Volk, 160 Los Robles, San Luis Obispo, questioned whether the City was violating its own zoning requirements if they allowed homeless shelters in churches in residential neighborhoods. Brad Goens, P.O. Box 13035, San Luis Obispo, spoke in support of stairs recommendation. Mavor Dunin declared the public hearing closed. Moved by Pinard /Roalman to ratify the Community Development Director's determination as recommended i`!U City Council Meeting Page 5 Tuesday, January 21, 1992 - 7:00 P.M. 3. APPEAL - IIOMELESS SILL TL•'R (Idle No. 407) Council held a public Bearing to consider several appeals by neighboring properly owners opposing an action by the Planning Commission to approve the extension of Use Permit 1423 which would allow the continuation of the homeless shelter at 750 Orcult Road; Kurt Kupper, property owner. Councilman Jerry Reiss stepped down due to a possible conflict of interest as he owned properly at the corner of Duncan and Orcutl Road. Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council (1) adopt a resolution to deny [lie appeals thereby upholding the Planning Commission's action allowing continuation of the homeless shelter use, and (2) encourage the Council after discussion of the Planning Commission's letter on neighborhood concerns, direct tlu Economic Opportunity Commission, Human Relations Commission and their staff to concentrate on finding solutions to as many neighborhood compatibility issues as possible. Councilwoman Ranm expressed a concern that the Council rcalTirm its position that, although it supports human services needs financially, it is not the lead agency for this program. She felt that was an imporuint reminder to all involved. A1:�vor Dunin agreed that the City contributes most of the financial support to the program but also has appealed to other cities in the County that this is not only the problem for the City of San Luis Obispo but for the County as well. lie explained that [Ile city is contributing $120,000 and all other cities combined only total $3,000; the County was contributing $97,000. Mayor Dunin declared the public hearing open. Rocer Ilrown, 1700 Harmony, San Luis Obispo and an appellant, felt (here needed to be bcllcr distinction in clarifying lice physical handicapped unemployed from those who arc simply unwilling to help themselves. lie did not feel that the safety issues for properties located near the shelters had been adequately addressed and urged (lie Council to deny the use permit. Rorer Volk, 160 Los Robles, San Luis Obispo and a properly owner in the area, urged against allowing the homeless shelter in this location. Ile felt it was dangerous that as this neighborhood grew in residential and commercial businesses that they were going to be more threatened. lie was concerned about the lack of response he perceived from the police dcparlmcnl and expressed concern about the trash, defecation and other problems related to the homeless who were. turned away from the shelter. lie also fell there was a conflict of interest by the City in making this decision as they were the property owner. Doris Dixon- Ahren, Rigetti Road and a property owner at 810 and 830 Orcult Road, also opposed to allowing a shelter at this location. She was tired of having their property rights violated. If the police department cannot patrol better, how were the properly owners expected to manage it. She also felt the size and location of the shelter were inadequate. Stanley dell property owner adjacent to the shelter, staled he had no problem with anyone who was going to be a good neighbor. His experience with the loitering and trespassing was a problem that was not being adequately addressed, and he was concerned about the safety of the 85 home owners that would be moving near here into his new residential development. ile urged that the Police Chicf be directed to put an officer on at (cast during the overflow of the afternoon and direct staff to conic up with addtional sites. Prier Dunan, 2220 Exposition and representing Photo Ad, explained that they have attempted to be good neighbors, felt they were being ignored, and that the Planning Commission's recommendation had not been , taken to heart to seek other alternatives. lie staled that they had spent over $6,000 to provide a fence to protect their property and were still having problems with lrespassors. 1 City Council Meeting Tuesday, January 21, 1992 - 7:00 P.M. Page 6 Chuck Roeder. Duncan Lane and an appellant, stated no one has talked to him as far as resolving this issue. He did not feel that the shelter conformed with any of the standards that were required (particularly parking standards) in addition to the issues related to trash and garbage. He urged against the use permit. Bill Portzel representing the Crossroads Shopping Center and nine adjacent property owners, also felt that it would be unproductive to post the property because you don't want a no- trespassing sign when you are encouraging the public to shop in your stores. Sam Trett, owner of the gas station next to the shelter, also urged against the use permit. Bob Baker, Warren Paints, stated he had not been contacted. He urged against the shelter's use permit because of problems associated with the overflow people as well as the parking issue. Ken Jones. 1113 Rancho Drive and owner of 3450 Broad Street, also was concerned with the individuals turned away from the shelter. He was concerned about the fire hazards that they represented and suggested using Camp San Luis. John Reed manager of Yogurts in the Crossroads Shopping Center, was also concerned about loitering. Marion Wheeton, property owner in the neighborhood, lives alone and did not feel safe to go out in her yard. She was concerned about being accosted by panhandlers. Gwen Dwyer, manager of the Homeless Shelter, spoke in support of their request. She stated that they have served over 900 people this year and expect to serve over 1,200 next year. She agreed that the site was inadequate and urged that another site be looked at as well. She explained that it was important that the shelter be near the facilities such as medical care, transportation and markets. She felt that the response by both the police and the fire had been excellent; that they were trying to meet all the conditions of the use permit, and they were good neighbors. Many of the problems associated with those that are turned away is something that the community needs to learn to deal with. Dennis Ukawa, Program Coordinator for the Homeless Shelter, spoke in support. He stated that he has never had any problem with either he or his family who live at the Roanoak Shelter. Since the program instituted "Clean and Sober" many of their problems had disappeared. He keeps the statistics and felt that they were within the national average. Rev. Carolyn Colbert, 1140 Iris St. and President of the Ministerial Association, spoke in support of the homeless shelter's request. She has been staying at the Saint Stephens Shelter trying to get a feeling of how the homeless felt and better understands the ditricult situation. Marion WoliT Human Relations Commission Chairperson, spoke in support of the shelter. She felt that they had been very cooperative in trying to work with the neighbors. Linda Seal y. resident of San Luis Obispo, spoke on behalf of Rabbi Manhoff and the congregation Beth David. She urged that the shelter be allowed to continue its use permit. Pegv Fowler, Director of Grass Roots, also spoke in support of the shelter. Mike Scott, a former resident of the homeless shelter, explained how much the shelter had benefited him and others, and he hoped that the Council would continue its support. Milton Butler, a 13 -year veteran who was on the streets for about 5 years, stated that frequently the homeless have disabilities that others are unaware of because they are not visible disabilities and urged compassion and support of the shelter. 171 172 City Council Meeting Page 7 Tuesday, January 21, 1992 - 7:00 P.M. Dan Herron a resident in Arroyo Grande, supported the location for the shelter. He felt it was important that transportation be located close by. Jack Foster, property owner near McMillen and Orcutt Roads, felt the homeless shelter was creating a bad environment for the community. It presented safety problems that the shelter had not adequately addressed. They are unable to control the individuals who were a part of the overflow. He did not feel that the police department was supportive enough, their inability to respond promptly. Also, their property values had been devalued. Dora Harder. 77 Buchon Street, also urged against the shelter. She felt the Council was not being supportive of the majority of the citizens. She thought that the shelter worked better when it was on Kansas Avenue. Miley Abernathy. Board of Directors and Past Shelter Coordinator, spoke in support of the shelter's needs. Brad Goens also spoke in support of the shelter. He felt that most of the issues had been addressed and that they were trying to be good neighbors. Biz Steinbere, representing the Economic Opportunity Commission, spoke in support of the homeless shelter at this location. Georee Movlan. representing the Housing Authority, stated there is no good location for a homeless shelter but the Orcutt site seemed to have the most redeeming features. He also supported an attempt at regionalism and making a commitment throughout the County to support additional facilities or provide financial assistance. Joel Daringer, lives on Johnson Avenue, spoke in support of the homeless shelter. Roberta Sherry, Los Osos, also spoke on behalf of the Beth David Congregation urging support. Rov HanfT, 565 Lawrence Drive, spoke on behalf of several neighbors who felt that another location needed to be reviewed. 9:40 P.M. Mayor Dunin declared a recess. 955 City Council reconvened; all Councilmembers present Councilman Roalman stated that as the Council's representative on the Economic Opportunity Commission, he did not believe that it was financially feasible to try to relocate the facility. He supported the shelter at its current location. He recognized that the needs of the shelter were going to continue to grow and would support an expansion, possibly somewhere else in the County. He also urged that we provide as much cooperation as possible with the neighbors. After brief discussion, moved by Roalman /Ranna to support staffs recommendation and adopt Resolution No. 7070 (4 -0-1, Councilman Reiss absent) to deny the appeals and uphold the Planning Commission's action allowing the continuation of the shelter and direct the EOC, HRC and staff to concentrate on finding solutions to as many neighborhood compatibility issues as possible. Councilwoman Pinard requested that heavier enforcement be provided. Mayor Dunin again reiterated that the County should be the lead agency. He also urged that the armory in the Atascadero area be opened. He felt that the north part of the County, because they represented 31% of the City's homeless, also should share responsibility as should all cities in the County. Councilwoman Rapp a again urged reaffirmation that the City is not the lead agency 173 City Council Meeting Page 8 Tuesday, January 21, 1992 - 7:00 P.M. Councilman Reiss returned to the dias. 4. FIRE TRAINING FACILITY/ECOSLO AGREEMENT (File No. 727) Council considered modification the Fie Training Facility Project and ECOSLO agreement. At the request of staff and moved by Rapes /Roalman that this item be continued without discussion to a future Council Meeting. Motion carried unanimously (5 -0). 5. ORCUTT ROAD WIDENING (File No. 537) Councilman Reiss stated that he had to step down due to a possible conflict of interest as he was a property owner in the area. Council considered design alternatives for Orcutt Road widening (continued from 8/27/91). After brief discussion, moved by Ramla /Pinard that this item be continued without discussion until after review of the Circulation Element. Motion carried (44)-1, Councilman Reiss being absent). Councilman Reiss returned to the dias. 1 6. COUNCIL WORK SESSION (File No. 112) Council considered scheduling a one -day Council work session. John Dunn, City Administrative Officer, reviewed the agenda report with the recommendation that Council determine whether they desire to hold a one -day Council work session and, if so, establish time, date, and place. After discussion and upon general consensus, Council agreed that a work session would not be held at this time. COMM.1. Councilman Reiss expressed concern about North County not commiting to a fair share towards the homeless shelter and suggested use of a per capita formula to provide a more equitable financial contribution. 10:45 P.M. Mayor Dunin adjourned the meeting to closed session to discuss litigation City vs. Schicker. 11:05 P.M. there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Tuesday, January 28, 1992 at 7:00 P.M. in the Council Chambers. APPROVED BY COUNCIL: 2/18/92 v 1 Pa Voges, City k PV:cm