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04/07/1992229 City Council Meeting Page 2 ' Tuesday, April 7, 1992 - 7:00 P.M. CONSENT AGENDA Moved by Roalman /Pinard, the Consent Agenda was unanimously approved as recommended by the City Administrative Officer with the exception of C -3 as amended, C4, C -8, C -10, C -15, and C -18 as noted. C -1 COUNCIL MINUTES Moved by Roalman /Pinard (5 -0), the following minutes were approved as amended. Tuesday, February 18, 1992 at 7:00 P.M. C -2 CONTRACT PAY ESTIMATES Council considered contract pay estimates and change orders. Moved by Roalman /Pinard (5 -0) to approve contract pay estimates and change orders and ordered paid as recommended. C -3 CREEK WALL REPAIR (File No. 871) Council considered the wall repair of the Mission Plaza Creek. Moved by Roalman /Pinard (5 -0) to approve the Mission Plaza Creek wall repairs in concept and directed staff to prepare plans and specifications and obtain necessary processing approvals using Alternative B (laid up concrete rubble walls) as the basic approach. C4 FIRE ENGINE /LADDER TRUCK (File No. F92 -1) Council considered specifications for one 1500 GPM, four -door, custom cab - forward combination Fire Engine /Ladder Truck. Moved by Pinard /Roalman (4 -0-1, Councilman Reiss absent) to continue this issue without discussion to a future meeting. C -5 SPRINKLER RETROFIT TIME REQUIREMENTS (File No. 726) Council considered an amendment to Ordinance No. 1170 to link time requirements for sprinkler retrofit of un- reinforced masonry (URM) buildings in the commercial fire zone to guidelines set forth in Ordinance No. 1203 governing seismic retrofit of URM buildings. Moved by Roalman /Pinard (5 -0), Ordinance No. 1205 was introduced to print amending Municipal Code Title 15, Chapter 15.08, Sections 15.08.160 and 15.08.180 to link the time requirements for fire sprinkler retrofit of URM buildings to time guidelines set forth in Ordinance No. 1203 as recommended. C-6 TRANSIT SERVICE NEGOTIATIONS (File No. 541) Council considered SLO Transit Service agreement negotiations. 230 City Council Meeting Page 3 Tuesday, April 7, 1992 - 7.00 P.M. Moved by Roalman /Pinard (5 -0) approved the recommended ranking of firms which submitted proposals; authorized staff to negotiate a transit service agreement (A -01- 92 -CC) with Mayflower Contract Services, Inc., and return to the Council for contract approval; and authorized staff to negotiate with DAVE Transportation Services, Inc., if negotiations with Mayflower are unsuccessful. C -7 GOOD NEIGHBOR DAY (File No. 1162) Council considered a request from Associated Students, Inc., for City support of Good Neighbor Day. Moved by Roalman /Pinard (5 -0) authorized a donation of $300 in support of Good Neighbor Day as recommended. C-8 PARKING MANAGEMENT COMMITTEE (File No. 123) Council considered establishing the Parking Management Committee as a permanent advisory body and appointment of members. Moved by Pinard /Roalman (4 -0-1, Councilman Reiss absent) to continue this item without discussion for additional report. C -9 BOARD OF APPEALS AND APPEALS BOARD FOR HANDICAPPED ACCESS Council considered an appointment to the Board of Appeals and an appointment to the Appeals Board for Handicapped Access. Moved by Roalman /Pinard (5 -0) to appoint Randy Dettmer to the Board of Appeals for a four -year term ending March 31, 1996 and appoint Bryan J. Gingg to the Appeals Board for Handicapped Access for a four - year term ending March 31, 1996 as recommended. C -10 CULTURAL HERITAGE COMMITTEE (File No. 453) Council considered amending the bylaws of the Cultural Heritage Committee regarding appointment of members from the three Historical Preservution Districts. Moved by Pinard /Roalman (4 -0 -1, Councilman Reiss absent) to continue this item without discussion for additional report. C -11 ORGANIZATIONAL CHANGE (File No. 662) Council considered an organizational and classification change to better meet city -wide information system needs. Moved by Roalman /Pinard (5 -0) to eliminate the position of Support Services Manager and approve the position of Computer Systems Technician as recommended. C -12 ADVERTISING SERVICES RFP (File No. 1051) Council considered an Advertising Services Request for Proposal (RFP) submitted by the Promotional City City Council Meeting ITuesday, April 7, 1992 - 7:00 P.M. Coordinating Committee. Page 4 Councilwoman Pinard expressed concern that the City was not getting sufficient advertising for the amount of dollars being spent. She would like to see something a little more innovative than in years past. After brief discussion, moved by Rapna /Roalman to approve and authorize distribution of the Advertising Services RFP with previous advertising data to be made available to the public. Motion carried (4 -1, Councilwoman Pinard voting no). Councilwoman Pinard also requested that the Council look at appropriating some advertising funds to promote the downtown concept plan. 7:40 P.M. Councilman Reiss left the meeting. 7:45 P.M. Councilman Reiss returned to the dias. C -13 PARKING STRUCTURE CRACK EVALUATION (File No. 551) Council considered a structural report regarding cracks in the Palm Street Parking Structure. Moved by Roalman /Pinard (5 -0) to receive and file structural engineering report from H.J. Degenkolb Associates and appropriated $15,000 from the Parking fund undesignated fund balance to the parking program ' operating budget to pay for repairs as recommended in the Degenkolb report. C -14 APPROPRIATION LIMIT (File No. 234) Council considered establishing the Appropriation Limit for fiscal years 1990 -91 and 1991 -92. Moved by Roalman /Pinard (5 -0), Resolution No. 7096 was adopted establishing the Appropriation Limit for fiscal years 1990 -91 and 1991 -92 as recommended. C -15 SURPLUS CITY PROPERTY (File No. 165) Council considered declaring two motorcycles as surplus property. Moved by Pinard /Roalman (4 -0-1, Councilman Reiss absent) to continue this item without discussion to a future meeting. C -16 HATE VIOLENCE PREVENTION (File No. 1172) Council considered hate and violence prevention in schools. Moved by Roalman /Pinard (5 -0) to direct staff to add a discussion on hate violence prevention to the next Joint Cities, County, San Luis Coastal School District Advisory Committee's Meeting agenda as recommended. 1 231 232 City Council Meeting Page 5 Tuesday, April 7, 1992 - 7:00 P.M. 1 C -17 FOREST SERVICE AGREEMENT (File No. 801) Council considered an agreement with the United States Forest Service and Grant of Easement and redevelopment of entrance way, railhead and trail at Little Falls Creek in upper Lopez Canyon on City -owned property- Moved by Roalman /Pinard (5 -0) to approve and authorize Mayor to execute an agreement (A- 31- 92-CC) and Grant of Easement with the U.S. Forest Service to redevelop trail amenities on property owned by the City in upper Lopez Canyon as recommended. C -18 CITIZEN'S ADVISORY COMMITTEE STATUS (File No. 1023) Council considered the status of the Citizen's Advisory Committee. Moved by Pinard /Roalman (4 -0-1, Councilman Reiss absent) to continue this item without discussion to a future meeting. C -19 • BIKE FEST (File No. 462) Council considered the Bicycle Committee's recommendation to use $6,620 from the Bicycle Program budget for City sponsorship of the Bike Fest. Moved by Roalman /Pinard (5 -0) to receive the Bicycle Committee's work program; approve City sponsorship of Bike Fest; and approve transfer to funds in the amount of $6,620 from the bicycle project account to the Bike Fest as recommended. _--_ ---------------------------------------------------- COUNCIL LIAISON REPORTS There were no Council Liaison Reports. PUBLIC HEARINGS APPEAL - PAYLESS DRUG STORE (File No. 407) Council held a public hearing to consider an appeal by Marshall Ochylski on behalf of Payless Drug Stores of a Planning Commission action to deny Use Permit U 1551, a request to allow a 26,655 square-foot drug store on a site located on the southeast corner of Marsh Street and Johnson Avenue (1221 Marsh Street); Payless Drug Stores, applicant /appellant. Arnold Jonas, Community Development Director, reviewed the agenda report stating that staff had submitted a revised report as of today that the applicant had prepared and reviewed with staff and various neighborhood groups. The site plan showing an addition of a 30,000 square -foot Scolaris Market adjacent to the proposed Payless Drug Store. Both stores would be orientated toward Johnson Avenue. The site plan also showed a 6,000 square -foot addition to the Payless Store. The expanded project involves both Payless site as well as adjacent Telegram- Tribune property. Mayor Dunin declared the public hearing open. Marshall Ochylski, 75 Higuera Street and representing Payless Drug, spoke in support of their appeal. 233 City Council Meeting Page 6 Tuesday, April 7, 1992 - 7:00 P.M. Tiim Payne. 2076 Harbor Dr. and representing Payless Drug, reviewed the project as agreed to with the Scolari Market which would include Payless. Randy Dotell, real estate representative for Scolaris, also spoke in support of the projects. Rob Strone, representing Scolaris, also spoke in support. Alan Michaels. 1973 San Luis Drive, spoke in support of the project. Jean Miller spoke in support of the project. Dottie Connor. 216 Albert Drive and representing Quality Neighborhoods, spoke in support. LaVerne Schneider, 1356 Marsh Street, was concerned about the additional circulation but was very supportive the Payless Store on the condition that a market was also approved. Dave Garth, representing the Chamber of Commerce and resident of San Luis Drive, spoke in support of the concept plan. Mayor Dunin declared the public hearing closed. Moved by Raaua /Dunin to adopt Resolution No. 7097 (5-0) upholding the appeal of the Planning Commission's action with amendments to conditions 1 and 2 regarding expeditious handling of the project and on condition 3, that the trash be contained within the building. Motion carried unanimously. 8:25 P.M. Mayor Dunin declared a recess. 835 P.M. City Council reconvened; all City Councilmembers present. 2. NUISANCE ABATEMENT - LOUD OR UNRULY ASSEMBLAGES Council held a public hearing to consider amending the Nuisance Abatement Ordinance. Jim Gardiner, Police Chief, reviewed the agenda report with the recommendation that Council introduce an ordinance which would amend Chapter 8?4 Nuisance Abatement to designate loud or unruly assemblages and unlawful encroachments as nuisances, provide for criminal sanctions for maintaining a nuisance, and provide a private cause of action for maintaining a nuisance. He then reviewed the salient points of the ordinance stating concurrences had been sought and received from the residents of Quality Neighborhood, the Students /Liaison Committee, the Off- Campus Student Housing Association, the Association of Realtors, the Chamber of Commerce and the Property Owners Association. Mayor Dunin declared the public hearing open. Gary Fowler, 777 Mill Street, spoke in opposition to the ordinance. He felt it was too regulatory and that tenants and owners should be treated equally. Tom Kay, Chaplin Drive and representing Quality Neighborhoods, spoke in support of the ordinance. Beth Diamond spoke in support of the ordinance. ' John Belcher, on behalf of the Properties Owners Association, requested definition of "criminal intent" and was supportive of the ordinance. 234 City Council Meeting Page 7 Tuesday, April 7, 1992 - 7:00 P.M. 1 Mike Rubita spoke in support. Linda White. 2077 Slack Street, felt that the burden should be against the student not the owner and was, therefore, opposed to the ordinance. Arlene Zanchuck, 24 Chorro Street, spoke in support of the ordinance. Tom McCalms business owner, believed the owner shared a responsibility with the tenant and felt that a good lease would go a long ways towards that end. He would support the ordinance. Tom Lukes spoke in support of the ordinance. Mr. Gillespie spoke in opposition. He felt that tenants should be held responsible and that the City did not need another ordinance. Mayor Dunin declared the public hearing closed. Councilman Reiss expressed concern about treating the renter or tenant and the owner differently and, therefore, could not support the ordinance. After discussion, moved by Roalman /Rapes to introduce Ordinance No. 1206 to print amending Chapter 8.24 Nuisance Abatement as recommended. Motion carried (4 -1, Councilman Reiss voting no). 9AS P.M. Mayor Dunin declared a recess. 955 P.M. City Council reconvened; all Councilmembers present. 3. APPEAL - GREENHILLS SCHOOL (File No. 407) Council held a public hearing to consider an appeal by the Greenhills School of a Planning Commission action to deny a request to allow a private school on two lots on the north side of Meinecke Avenue east of Chorro Street; Stephen and Janine Barasch, applicants. Arnold Jonas, Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution which would deny the appeal of the Planning Commission's action to deny a request to allow a private school on two lots on the north side of Meinecke Avenue. Mayor Dunin declared the public hearing open. Janine Barasch spoke in support of their application. She stated that they had an agreement with Mid State Bank for offsite parking, was concerned that there was no zoning currently allowed in San Luis Obispo to add additional schools and explained the importance of having additional schools as an alternative for parents to send their children to. Steve Barasch, applicant, also spoke in support of their appeal. Steve Boyer, 67 Chorro, spoke in opposition. He felt that it was a dangerous area and would be a public safety concern for the children. Doris Bryant, 42 Chorro, was also opposed to the appeal. Mrs. Fulfer was opposed to the appeal. 1 1 City Council Meeting Tuesday, April 7, 1992 - 7:00 P.M. Page 8 Henry Case traffic engineer, was opposed to the appeal because of traffic concerns and circulation problems. Arlene VanChuck was opposed to the appeal and submitted a petition signed by several neighbors urging against it. Betty Nicholson. 30 Chorro Street, also opposed to the appeal and felt that it was an unsafe egress and ingress. Glenna Church spoke in support of the appeal. She felt schools like this were in critical need. Colleen Rosenthal spoke in support of the appeal. John Belcher spoke in support of the appeal. Linda White spoke in support of the appeal. Susan Sevannck spoke in support. Dr. Woods spoke in support. Diane Moleski, 1070 Capistrano Court, spoke in support. Janet Murphy, Islay Street, spoke in support. Linda Lawler. Country Club Drive, spoke in support. Dr. Felina Cruz spoke in support. John Dahusna spoke in support. / Leslie Woods, Catheo Court, spoke in support. Amy Teneck spoke in support. Gwen Shore spoke in support. Burt Poland, owner of the property between the school sites, spoke in opposition. Paula Danvaha, Pismo Beach, spoke in support. Dr. Robert Roundtree, 808 Murray, was concerned with the project and various aspects of it. Cal Massey spoke in support. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Roalman /Rapoa, Resolution No. 7098 was adopted (3 -2, Councilmembers Pinard and Reiss voting no) to uphold the appeal of the Planning Commission's action to allow the school. After additional discussion, moved by Roalman /Rappa that the Planning Commission review this use permit in one year. Motion carried (4-1, Councilman Reiss voting no). 235 236 City Council Meeting Page 9 I Tuesday, April 7, 1992 - 7:00 P.M. BUSINESS ITEMS 4. CHILD CARE POLICY (File No. 606) Council considered the establishing of a Child Care policy for the City of San Luis Obispo. Moved by Roalman /Reiss. Resolution No. 7099 was adopted (5 -0) establishing a Child Care policy for the City of San Luis Obispo as recommended. 5. WATER OPERATIONAL PLAN (File No. 517) Council considered the 1992 -93 Water Operational Plan. Moved by Roalman /Reiss to support the staff recommendation to 1) receive and rile and the report; and 2) approve reduction of City's Safe Annual yield from 7,860 acre feet per year to 7,735 acre feet per year, which includes coordinated reservoir operations and 500 acre feet per year of groundwater. Motion carried unanimously. 6. WATER CONSERVATION PROGRAM (File No. 517) A. WATER HOTLINE PHASE -OUT and B. EXITING MANDATORY WATER CONSERVATION Due to the lateness of the hour and upon general consensus, this item was continued without discussion to a future meeting. PUBLIC HEARINGS 7. TENTATIVE MAP - 3450 BULLOCK LANE (File No. 410) Due to the lateness of the hour and upon general consensus, this item was continued without discussion to a future meeting. 8. PARKING STRUCTURE RATES (File No. 557) Due to the lateness of the hour and upon general consensus, this item was continued without discussion to a future meeting. There being no further business to come before the City Council, Mayor Dunin adjourned the meeting at 11:40 P.M. to Monday, April 20, 1992 at 8:00 A.M. in the Council Hearing Room for Appointed Officials Evaluation Proms. APPROVED BY COUNCIL: 5/19/92 PV-cm Luo',A-s — Pa Voges, City C