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03/17/1992212 City Council Meeting Tuesday, March 17, 1992 - 7:00 P.M. MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, MARCH 17, 1992 -'1:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Page 2 Present: Councilmembers Peg Pinard, Penny Rappa, Jerry Reiss, Bill Roalman and Mayor Dunin Absent: City Stab Present: John Dunn, City Administrative Officer, 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; Ann McPike, Personnel Director, Jim Gardiner, Police Chief; Dave Romero, Public Works Director, Jim Stockton, Recreation Director, Bill Hetland, Utilities Director, Deb Hossli, Administrative Analyst PUBLIC COMMENT PERIOD P.C.1. Betty Owen submitted additional educational materials concerning the gay and lesbian discrimination issue and urged the Council to direct staff to develop an educational program for the City of SLO. Council indicated allowing private parties an opportunity to work on this issue first. P.C.2. John French submitted a letter into the record urging the Council to appoint a task force to review all City construction and building standards and to evaluate the cost and benefit of all new standards and ordinances. Staff directed to review and report on the list of suggestions. P.C3. Dana Belmonte urged the Council to direct staff to form a task force to develop an educational gay and lesbian anti - discrimination program and appoint a gay /lesbian liaison person to work with the City. P.C.4. Jim Du2an also supported development of a gay and lesbian anti /discrimination educational program. No action taken. P.CS. Hugh _Vosti also urged some action on the gay rights issue. No action taken. P.C.6. Keith Gurnee expressed concerns about the open space process specifically the use of the facilitator and urged the Council to review the status of the program and the committee. He also suggested the City explore purchase of property on the southern limits of the City (Pereira Property) with City open space funds to preserve this land as a greenbelt to the City. CAO directed to report back on status of open space program and staffing. 1 1 L J 213 City Council Meeting Page 3 Tuesday, March -17,1992 - 7:00 P.M. CONSENT AGENDA Moved by Rana /Roalman the Consent Agenda was unanimously approved as recommended by the City Administrative Officer with the exception of C -2, C -3, C4, C -5, C -0, C -10, C -15 and with the addition C -17 (5- 0). C -1 COUNCIL MINUTES Moved by Rana /Roalman (5 -0) the following minutes were approved as amended. Monday, February 24, 1992 at 830 A.M.; and Tuesday, February 25, 1992 at 7:00 P.M. C -2 CORP YARD EXTERIOR PAINTING (File No. CP S -28X) Council considered plans and specification for "Corporation Yard Exterior Painting, City Plan No. S -28X1, estimated to cost $60,000 including contingencies. Mayor Dunin expressed concern that this project be deferred in light of the budget constraints. Moved by Dunin / Pinard, project deferred until the next budget cycle. Motion carried unanimously. C -3 UTILITY TRENCH REPAIR (File No. CP S -14A) Council considered plans and specification for the "1992 Utility Trench Repair Project. City Plan No. S -14A ", estimated to cost $70,182 including contingencies. Mayor Dunin again expressed similar concerns that the project be deferred. After brief discussion, moved by Rappa /Roalman to approve the plans and specifications as recommended by the City Administrative Officer and approved the contract award (A- 22- 92 -CC). Motion carried (4-1, Councilwoman Pinard voting no). C-4 SINSHEIMER STADIUM LIGHTS REPLACEMENT (File No. CP S -201) Council considered plans and specifications for "Sinsheimer Stadium Lights Replacement, City Plan No. S- 20Y", estimated to cost $40,000 including contingencies. After brief discussion, moved by Roalman /Ranoa (5 -0) to approve specifications for "Sinsheimer Stadium Lights Replacement, City Plan No. S -20Y", authorize the soliciting of bids, and contract award (A- 23- 92 -CC) by the City Administrative Officer if the lowest bid is within the engineer's cost estimate as recommended. C -5 RFP - HEAVY DUTY TRANSIT BUSES (File No. 544) Council considered a draft contract and specification for a Request for Proposals (RFP) for the acquisition of two (2) heavy duty transit vehicles estimated to cost $210,000 each. Brief discussion was held regarding how soon cleaner diesel might be available. 214 City Council Meeting Page 4 Tuesday, March 17, 1992 - 7:00 P.M. 1 After brief discussion, moved by Dunin/Rappa (5 -0) to approve the draft contract (A- 2492 -CC) and specifications for the acquisition of two heavy duty transit vehicles and authorize the soliciting of Requests for Proposals as recommended. C-6 RECREATION CENTER COMPLETION (File No. 823) Council considered the appropriation of $92,900 from Parkland Development Fund to Parkland Improvement Project for completion of the rehabilitation of the Recreation Center. Mayor Dunin asked for public comment. Roy Hamff. 569 Lawrence Drive, was concerned about the number of additional expenses from that which was originally approved by Council. Councilman Reiss also felt the number of change orders were excessive. Alter discussion, moved by Roalman/Rappaa to appropriate $92,000. Motion failed (2 -3, Councilmembers Pinard, Reiss and Mayor Dunin voting no). Moved by Reiss / Dunin, to appropriate $92,900 from the General Fund Balances rather than from the Parkland Development Fund for the asbestos abatement cost and recommended project improvements. Motion carried (3 -2, Councilmembers Rappa and Roalman voting no). Upon general consensus, CAO directed to report back on the level of change orders to the project. C -7 BROAD STREET ANNEXATION (File No. 441) Council considered approval of an amendment to the consultant service contract (A- 90- 91 -CA) for the Broad Street Annexation environmental impact report (EIR), not to exceed $9,300. Moved by Rapna/Roalman (5 -0) to amend the Broad Street Annexation EIR contract (A- 90- 91 -CA) to allow an additional 30 days for completion of the final EIR, and authorize the Finance Director to transfer $9,300 to cover the added EIR costs as recommended. C-8 URBAN STREAMS RESTORATION GRANT (File No. 596) Council considered approval of a joint application with Central Coast Salmon Enhancement, Inc., for an Urban Streams Restoration Program Grant which names the City of San Luis Obispo as a grant co- sponsor (continued from 3/3/92). Moved by Raooa /Roalman (5 -0) to approve the joint application with Central Coast Salmon Enhancement, Inc„ for an Urban Streams Restoration Program Grant, and adopted Resolution No. 7087 indicating the City's agreement to be a co- sponsor on the grant as recommended. C -9 TIME EXTENSION - TRACT 1764 (File No. 410) Council considered a one -year time extension to file the final map for Vesting Tract Map No. 1764, a six -unit residential fee simple condominium project proposed at the east end of Iris Street, next to French Hospital (1250 Iris Street); R -2-S zone; Burt Caldwell & Mike Reitkerk, subdividers. 215 City Council Meeting Page 5 Tuesday, March 17, 1992 - 7:00 P.M. Moved by Rappa1Roalman (5-0), Resolution No. 7088 ( "A ") was adopted approving the requested one year time extension for filing the final map for Vesting Tract Map No. 1764, subject to all the findings and conditions of tentative map approval as recommended. C -10 FIRE TRAINING FACILITY /ECOSLO AGREEMENT (File No. 722) Council considered a Request for Proposals (RFP) for the development of plans and specifications for a new Training Facility at the Prado Road site, and modification of the rental agreement with ECOSLO for continued use as a recycling center. John Dunn. City Administrative Officer, requested that this item be continued one week to be discussed at thesame time as other changes at the corporation yard were considered. Moved by Rapna /Dunin (5 -0), this item continued without discussion to date certain Tuesday, March 24,1992. C -11 EMERGENCY GRANT (File No. 1042) Council considered a recommendation from the Human Relations Commission (HRC) to award $2,000 to Aids Support Network (ASN) on behalf of HP & Company, a recovery resource center, from the Grants -In -Aid Emergency Reserve. Moved by Rama /Roalman (5 -0) to approve and authorize the Mayor to execute an agreement (A- 25- 92-CC) with ASN on behalf of HP & company to provide an emergency grant of $2,000 as recommended. C -12 ALCOHOL SERVICES FUNDS (File No. 1112) Council considered a resolution opposing the Governor's proposal to divert Proposition 99 monies to non - tobacco education related activities. Moved by Rauua /Roalman (5 -0), Resolution No. 7089 was adopted opposing the Governor's proposal to divert Proposition 99 monies to non - tobacco education related activities as recommended. C -13 WHALE ROCK COMMISSION AGENDA (File No. 921) Council considered the agenda for the Whale Rock Commission meeting of Thursday, March 26, 1992. Moved by Rapp@ /Roalman (5 -0) to receive and file the agenda for the Whale Rock Commission meeting.of Thursday, March 26, 1992 as recommended. C -14 CITY FACILITY NAME CHANGE (File No. 523) Council considered changing the official name of the City's Wastewater Treatment Plant (WWTP) to City of San Luis Obispo Water Reclamation Facility. Moved by Rapp /Roalman (5 -0), Resolution No. 7090 was adopted changing the name of the City's Wastewater Treatment Facility to City of San Luis Obispo Water Reclamation Facility as recommended. 216 City Council Meeting Page 6 Tuesday, March 17, 1992 - 7-00 P.M. I C -15 PERFORMING ARTS CENTER DESIGN SERVICES (File No. 854) Council considered the approval of funding of $115,000 for preliminary design services for the Performing Arts Center. Councilman Reiss questioned whether or not the $95,000 for Cal Poly s advanced share. for architectural services were guaranteed to be refunded in the event the project did not go through. Staff could not assure Mr. Reiss that those monies would be refundable. After brief discussion, moved by Dunin /Roalman to (1) approve $115,000 for design services, (2) approve the architectural contract (A- 26- 92 -CC) with Warnecke /DMJM, (3) approve $118,600 for remaining architectural services, and (4) approve an advance of $95,000 for Cal Poly s share as recommended (4 -1, Councilwoman Pinard voting no). C -16 SWIM CENTER IMPROVEMENTS (File No. CP S -24X) Council considered Swim Center Improvement CIP including project priorities, funding, and Hi -Rate Filtration System plans and specifications for "Swim Center Improvement Project, Media Hi -Rate Filtration System, City Plan No. S -24X", estimated to cost $84,000 without contingencies. Moved by Raooa /Roalman (5 -0) to (1) approve Alternative #1 for reprioritization and funding of CIP Swim Center Improvement Projects, in order to fund the Hi -Rate Filtration System in FY 1991 -92 as previously directed by Council; and (2) approve plans and specification for "Swim Center Improvement Project, Media Hi -Rate Filtration System, City Plan No. S -24X ", and authorize soliciting of bids and contract award (A -27- 92-CC) by the City Administrative Officer, if lowest responsible bid is within the engineer's estimate as recommended. C -17 TRANSIT CAPITAL IMPROVEMENT GRANT (File No. 542) Council considered a Transit Capital Improvement (TCI) grant application for the Multi-Modal Transit Transfer Center Project siting and preliminary engineering. Moved by Rappa /Roalman (5 -0), Resolution No. 7091 was adopted committing $20,000 in 1992 -93 City TDA funds to serve as a 509c' local match toward a Transit Capital Improvement (TCI) grant, and approve the local match contingent upon the San Luis Obispo Regional Transit Authority providing a $10,000 contribution to the City as their share of the local match requirement as recommended. ADVISORY BODY APPOINTMENTS Al. PLANNING COMMISSION (File No. 123) Moved by Roalman /Pinard to appoint Brett Cross to a 1 year term expiring 3/31/93; appoint Allen Settle to a 2 year term expiring 3/31/94; and reappoint Gil Hoffman to a 4 year term expiring 3/31/96. Motion carried (4 -1, Councilwoman Rappa voting no). A2. PROMOTIONAL COORDINATING COMMITTEE (File No. 123) Moved by Rappa/Dunin to reappoint Jack Gatz to a 4 year term expiring 3/31/96; and appoint Barbara Gregg to a 3 year term expiring 3/31/95. Motion carried unanimously (5 -0). City Council Meeting Page 7 Tuesday, March 17, 1992 - 7:00 P.M. A3. PARKS AND RECREATION COMMISSION (File No. 123) Upon general consensus, the recommendation for the appointments of the Parks and Recreation Commission were continued without discussion to a future meeting. A4. PERSONNEL BOARD (File No. 123) Moved by Pinard/ eiss to reappoint Charles Adoff to a 4 year term expiring 3/31/96; and reappoint Dann Torrance to a 3 year term expiring 3/31/95. Motion carried unanimously (5 -0). A5. CULTURAL HERITAGE COMMITTEE (File No. 123) Councilman Roalman requested this item be continued for report from the Council Subcommittee and staff to provide some flexibility concerning residency-requirements for the three historical districts prior to making recommendations. Upon general consensus, this item continued as suggested. A6. ARCHITECTURAL REVIEW COMMISSION (File No. 123) Moved by Reiss /Ranna to reappoint Bruce Sievertson to a 4 year term expiring 3/31/96; and appoint Jim Homer to a 4 year term expiring 3/31/96. Motion carried unanimously (5 -0). A7. HOUSING AUTHORITY (File No. 123) Moved by Dunin /Rappa to reappoint Leland Balatti to a 4 year term expiring 3/31/96; and reappoint Ruth Wirshup to a 4 year term expiring 3/31/96. Motion carried unanimously. PRESENTATIONS A. Ron hlunds, Water Conservation Coordinator, and Mayor Dunin presented Certificates of Appreciation to several businesses and individuals who participated in establishing the City's first water conserving demonstration garden. B. Presentation was made by Ben Parker from the California Department of Forestry and Fire Prevention to the City Council of The National Arbor Day Foundation's designation of the City of San Luis Obispo as a Tree City USA. COUNCIL LIAISON REPORTS There were no Council Liaison Reports. 1 217 218 City Council Meeting Page 8 Tuesday, March 17, 1992 - 7:00 P.M. I PUBLIC HEARINGS 1. 7:00 P.M. PUBLIC NUISANCE ABATEMENT (File No. 723) Council held a public hearing to determine whether a public nuisance exists at 663 Church Street, and appropriate abatement; Ilmar Peter Jackson, property owner (continued from 2/18/92). Mayor Dunin opened the Public Nuisance Abatement hearing stating that this was the time and place set to declare a public hearing in the matter of 663 Church Street Further, he declared the public hearing open and directed the Fire Chief to present the matter before the Council. Pam Voees. City Clerk, swore in witnesses Fire Chief Bob Neumann and Fireman Matt Luchata. Chief Neumann reviewed the agenda report with the recommendation that Council adopt a resolution declaring a public nuisance and outlining the required abatement measures. He stated that for the past several years efforts by the Fire Department to bring the property under compliance by having it abated several times has not resolved the issue and he would again recommend that the abatement is required as a fire hazard is evident. Mayor Dunin asked whether the property owner or agent was present. Ilmar Jackson asked to speak. Pam Voaes, City Clerk, swore in Mr. Jackson. Mr. Jackson spoke in opposition to the abatement. He felt that his property should be left alone and he was considered about personal articles being removed without his permission. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Ranoa /Roalman, Resolution No. 7092 was adopted (5 -0) declaring a public nuisance and outlining the required abatement measures as recommended. 2. WOMEN'S SHELTER GRANT APPLICATION (File No. 1002) Council held a public hearing to consider a request by the Women's Shelter Program.for City sponsorship of a Community Development Block Grant (CDBG) application in the amount of $444,000 to purchase and remodel their shelter facility (continued from 2/18/92). Deb Hossli. Administrative Analyst, reviewed the agenda report with the recommendation that Council adopt a resolution approving the Block Grant application and the Citizen Participation Plan as recommended Mayor Dunin declared the public hearing open. No one spoke for or against the proposed grant. Mayor Dunin declared the public hearing closed. Moved by Reiss /Pinard. Resolution No. 7093 was adopted (5 -0) approving the Community Development Block Grant application in the amount of $444,000 to purchase and remodel the Women's Shelter, and directed staff to forward the application to the State Department of Housing and Community Development; and approved the Citizen Participation Plan for the Community Development Block Grant Program as recommended. 219 City Council Meeting Page 9 Tuesday, March 17, 1992 - 7.00 P.M. 3. APPEAL - 1673 LA ViNEDA (File No. 407) Council held a public hearing to consider an appeal by Mac Short of an Architectural Review Commission action requiring a 20' setback from riparian vegetation for a house located at 1673 La Vineda; Mac Short, applicant (continued from 3/3/92). Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation to adopt a resolution denying the appeal and upholding the ARC's action. Mayor Dunin declared the public hearing open. Mike Underwood, ARC Chairman, spoke in support of the ARC's action and urged Council concurrence. Steve Poltz, architect, spoke in support of the appeal. Phil Ashl ey. neighbor and rear property owner, urged the Council to follow its policy of requiring a 20' setback and deny the appeal. He requested the record reflect the previous litigation, vegetation removal discussions, and administrative record, as part of this hearing. Judith Whitinire, 1537 LaCita Court, supported the ARC's decision to deny the request. Mac Short, property owner, spoke in support of his appeal. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Reiss /Dunin to uphold the appeal and direct staff to return with appropriate findings and conditions. Motion carried (3 -2, Councilmembers Pinard and Roalman voting no). Councilwoman Pinard felt the 20' setback was important for fire safety purposes and the riparian habitat would serve as a buffer. Upon general consensus, staff directed to bring back 20' riparian policy as to how the policy is interrupted and to clarify consistency of the policy in how its applied to new applications. Further, staff directed to clarify when and who can approve the "S" designation. 4. GP /R 1545 - 1206 & 1208/1214 PEACH STREET (File No. 407) Council held a public hearing to consider an appeal of a Planning Commission's action to deny a request to amend the lane Use Element (LUE) map and zoning map (GP /R 1545) from Medium -High Density Residential, Historical and Architectural Preservation to Office, Historical and Architectural Preservation for property located on the northwest corner of Peach and Toro Streets (1206, 1208, and 1214 Peach Street); Dan and Sue Phalen, applicants /appellants. Arnold Jonas, Community Development Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution to deny the appeal and uphold the Planning Commission's action denying the request. Mayor Dunin declared the public hearing open. Keith Gurnee, representing the property owner and appellants, spoke in support of the appeal. Mayor Dunin declared the public hearing closed. 220 City Council Meeting Page 10 Tuesday, March 17, 1992 - 7:00 P.M. After brief discussion, moved by Roalman/ Ranua, Resolution No. 7094 was adopted (5 -0) to deny the appeal and uphold the Planning Commission's action as recommended. 5. GP /R 1548 - 200 FERRINI ROAD (File No. 407) Council held a public hearing to consider an appeal of a Planning Commission action denying a proposal to amend the General Plan Land Use Element map and rezone an 11,315 square foot lot from Low Density Residential to Medium -High Density Residential on the west -side of Ferrini Road between Foothill Boulevard and North Chorro Street; Ron Shriner, applicant /appellant. 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. Chuck Crotse r. applicant, spoke in support of his appeal. Stephanie Valeer, 348 Ferrini, spoke in opposition to the rezoning. Ben Bellefenille. 226 Ferrini, spoke in opposition. Ann Barboza. 248 Ferrini, spoke in opposition. Vic Barboza spoke in opposition. Edna Scuri, 2907 Ferrini, spoke in opposition. Adelle Calausi spoke in opposition. Melvin McAlister, 691 Cerra Romauldo, spoke in opposition. Elinor Bonin spoke in opposition. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Pinard /Rapna, Resolution No. 7095 was adopted (5 -0) denying the appeal and upholding the Planning Commission's action as recommended. 6. GP /R 1537 - 399 FOOTHILL BOULEVARD (File No. 462) Council held a public hearing to consider amending the General Plan Land Use Element Map and Zoning map to change the designation from Neighborhood Commercial to Low Density Residential, Special Considerations for property located at the southwest corner of Foothill Boulevard and Tassajara Street; City of San Luis Obispo, applicant. Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution amending the General Plan from Neighborhood Commercial to Low Density Residential and introduce an ordinance to print rezoning the site from C -N to R -1 -S and identifying the special considerations for the basis of the overlay zone. Mayor Dunin declared the public hearing open. City Council Meeting Page 11 Tuesday, March 17, 1992 Dan LamburE urged that the current rezoning be retained. Dottie Connor, representing the Neighborhood Quality Committee, urged the Council to rezone the property to residential. Roy Han ft; 569 Lawrence Dr., urged the Council to retain R -1. Steve Hicks, partial owner of the property, spoke in support of the C -N zoning. Mayor Dunin declared the public hearing closed. Moved by Pinard /RaBpa to adopt a resolution to rezone the property from C -N to R -1. Motion failed (2 -3, Councilmembers Reiss, Roalman and Mayor Dunin voting no). Moved by Reiss /Roalman to direct staff to prepare appropriate legislation supporting the Planning Commission's recommendation to rezone the property from C -N to C -N -S. Motion carried (3 -2, Councilmembers Pinard and Rappa voting no). 7. WATER OFFSET PROGRAM (File No. 517) Council considered a report which evaluated the water offset program. Arnold Jonas. Community Development Director, briefly reviewed the report with the recommendation that Council retain the toilet retrofit /development off -set program as recommended. Councilwoman Pinard urged that there be some kind of standards and monitoring of the program. She did not believe that there was sufficient proof as is. After discussion, moved by Raooa /Dunin to retain the program as recommended. Motion carried (4 -1, Councilmember Pinard voting no). There being no further business to come before the City Council. Mayor Dunin adjourned the meeting at 11:35 P.M. to Tuesday, March 24, 1992 at 7:00 P.M. APPROVED BY COUNCIL: 4 /21/92 v Pam Voges, City C(! PV-.cm 1 223