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06/16/1992MINUTES ADJOURNED CLOSED MEETING OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO TUESDAY, JUNE 16, 1992 - 6:30 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Councilmembers Penny Rappa, Bill Roalman and Mayor Dunin Absent: Councilmembers Peg Pinard and Jerry Reiss City Staff Present: John Dunn, City Administrative Officer; Ken Hampian, Assistant city Administrative Officer; Jeff Jorgensen, City Attorney 6:30 P.M. City Council convened in closed session to discuss litigation; specifically, Serpa vs. City of San Luis Obispo. 7:00 P.M. there being no further business to come before the C' ouncil, Mayor Dunin adjourned the meeting. APPROVED BY COUNCIL- 7/21/92 U Pal Voges, City CI PV:cm MINUTES REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO TUESDAY, JUNE 16, 1992 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Councilmembers Peg Pinard, Penny Rappa, Bill Roalman and Mayor Dunin Absent: Councilmember Jerry Reiss City Staff Present: John Dunn, City Administrative Officer; Ken Hampian, Assistant City Administrative Officer; Jeff Jorgensen, City Attorney, Pam Voges, City Clerk; Wayne Peterson, Acting Public Works Director; Arnold Jonas, Community Development Director, Ken McCool, Acting Fire Chief; Ann McPike, Personnel Director, Bill Hetland, Utilities Director; Deb Hossii, Administrative Analyst; David Gray, Administrative Analyst; Jeff Hook, Associate Planner; Keith Opalewski, Parking Manager City Council Meeting Page 2 Tuesday, June 16, 1992 - 7:00 P.M. pus c COMMENT MMENT PERT D P.C.I. David Friend expressed concern about the City allowing the Gay Rights Proclamation to be signed. P.C.2. Mike Hughes. Atascadero, thanked the Council for supporting the Gay Rights Proclamation. Councilman Roalman echoed support for the Proclamation. URGENCY ITEM STATE FISCAL CRISIS (File No. 1113) Moved by RapRi /Roalman to add the issue of State Fiscal Crisis to the agenda. Motion carried (44)-1, Councilman Reiss absent). John Dunn. City Administrative Officer, explained that the State had identified an $11 billion budget gap and as a result have identified several options in how to make cuts. The most significant of these is shifting away from cities to traditional sources of revenues; one was the vehicle license fees and a portion of property taxes in order to provide funding for state programs and service responsibilities. This could effect the City of San Luis Obispo as much as $2 million annually. He stated the City has two options available to address the major shortfall - either through increased local revenues or reduced service levels - and believed it would significantly impact our service levels. He was encouraging the Council to adopt a resolution urging the state to look for other ways to obtain their needed revenues or reducing their own budget gaps by eliminating tax loop holes in their existing system. After brief discussion, moved by Ranna /Roalman, Resolution No. 8018 was adopted declaring a financial emergency and opposing any state action to take away city revenues. Motion carried (4 -0-1, Councilman Reiss absent). CONSENT AGENDA Moved by Rappa /Roalman (4404, Councilman Reiss absent), the Consent Agenda was unanimously approved as recommended by the City Administrative Officer with the exceptions of C-3, C-5, C-6, C-7, C-9, C-10, C-11, C-12, and C-13 as noted. C -1 COUNCIL MINUTES Moved by Rapaa /Roalman (4 -0-1, Councilman Reiss absent), the following minutes were approved as amended. Tuesday, April 21, 1992 at 7:00 P.M.; Monday, May 4, 1992 at 12:00 Noon; Tuesday, May 5, 1992 at 6:45 P.M.; Tuesday, May 12, 1992 at 6:30 P.M. Tuesday, May 19, 1992 at 7:00 P.M.; and Wednesday, May 27, 1992 at 8:00 A.M. City Council Meeting Page 3 Tuesday, June 16, 1992 - 7:00 P.M. ' G 2 CIGARETTE VENDING MACHINES (F it No. 703 ) Council considered final passage to an ordinance amending the City's Municipal Code to prohibit cigarette vending machines within the City (continued from 6/1/92). Moved by Rauoa /Roalman (4 -0-1, Council Reiss absent), Ordinance No. 1212 was given final passage amending Title 8 of the ClWs Municipal Code to Include a new chapter (8.17) prohibiting cigarette vending machines in the City as recommended. G3 AWARD OF CONTRACT - TRANSIT COACHES (File No. 92 -19) Council considered award of a contract for the purchase of two transit coaches. Mayor Dunin expressed concern of the high expense of the coaches. After discussion, moved by Raooa /Dunin (4 -0-1, Councilman Reiss absent) the Mayor was authorized to execute the contract (A- 24- 92-CC) for the construction of two transit coaches with the Gillig Corporation in the amount of $410,558.88 as recommended. C-4 TRANSIT AGREEMENT (File No. 541) ' Council considered a Transit Agreement between the trustees of California Polytechnic State University and the City of San Luis Obispo for a route subsidy on SLO Transit. Moved by Raana/Roalman (4 -0-1, Councilman Reiss absent), approved and authorized the Mayor to execute a transit agreement (A- 5492 -CC) between the trustees of California State Polytechnic State University and the City of San Luis Obispo for the route subsidy of SLO Transit in the amount of $177,010 for Fiscal Year 1992 -93 as recommended. G5 1992 CHIP SEAL PROJECT (File No. S-13A) Council considered plans and specifications for the 1992 Street Chip Seal Coat Project, City Plan No. S-13A; Engineer's estimate $177,000. Councilman Roalman expressed concern about approving this public works project in light of the uncertainty of the state fiscal crisis. Moved by Roalman/Dunin (4 -0-1, Councilman Reiss absent) to continue this item to a future meeting after more is known of the state's fiscal affairs. C-6 LAGUNA LAKE GOLF COURSE IRRIGATION PROJECT (File No. N-03Y) Council considered plans and specifications for Laguna Lake Golf Course Irrigation Improvements, City Plan No. N-03Y, Engineers estimate $75,000 without contingencies. City Council Meeting Page 4 Tuesday, June 16, 1992 - 7:00 P.M. Councilman Roalman expressed concern about approving this public works project in light of the uncertainty of the state fiscal crisis. Moved by Roalmon /Racua (44)-1, Councilman Reiss absent) to continue this item to a future meeting after more is known of the state's fiscal affairs. C-7 JOHNSON PARK IRRIGATION SYSTEM PROJECT (File No. R-06Y) Council considered plans and specifications for Johnson Park Irrigation System Replacement, City Plan No. R -06Y; Engineer's estimate $49,000 Including contingencies. Councilman Roalman expressed concern about approving this public works project in light of the uncertainty of the state fiscal crisis. Moved by Roalman/RBDD8 (4 -0-1, Councilman Reiss absent) to continue this item to a future meeting after more is known of the state's fiscal affairs. C-8 STORM DRAIN PROJECT (File No. 591) Council considered an agreement with R. Strasbaugh, Inc., to participate in construction of a storm drain project on Tank Farm Road east of Higuera Street. Moved by ReoDa /Roalman (4 -0-1, Councilman Reiss absent), 1) approved the agreement (A- 56- 92 -CC) authorizing reimbursement of up to $10,000 for installation of stormdrain; 2) authorized Mayor to execute the agreement; and 3) appropriated $10,000 from Minor Capital Projects in the Flood Control Program as recommended. C-9 PARKING METER COIN COLLECTION (File No. 551) Council considered specifications for Parking Meter Coin Collection contract at a cost of $55,000. Mayor Dunin supported the current system and did not believe it was necessary to go outside. After brief discussion, moved by Rappa /Dunin to approve the specifications, authorized solicitation of Request for Proposals, and directed staff to explore alternatives including the use of City personnel for this purpose. Motion carried (3 -1 -1 -, Mayor Dunin voting no and Councilman Reiss absent). C-10 APPROPRIATION LIMIT (File No. 233) Council considered the Appropriation Limit for Fiscal Year 1992 -93. Moved by RaDDa /Roalman, Resolution No. 8019 (3 =1 -1, Councilwoman Pinard voting no and Councilman Reiss absent) was adopted establishing the Appropriation Limit for Fiscal Year 1992 -93 as recommended. I City Council Meeting Page 5 Tuesday, June 16, 1992 - 7:00 P.M. RENEWAL REVIEW PROCESS File No. 143 C-11 CABLE FRANCHISE � ) Council considered the renegotiation of the Cable Franchise Agreement. Councilwoman Pinard felt that the additional survey and tabulation being recommended was too expensive. After brief discussion, moved by Raooa /Roalman to authorize the City Administrative Officer to: 1) prepare a survey for inclusion in the City's summer newsletter to obtain community input on customer satisfaction with the present cable operator and public access needs; 2) execute an agreement (A -57- 92-CC) with Telecommunications Management Corporation to prepare, tabulate and analyze the City cable survey at a cost of $4,000; and 3) convene a focus group composed of community members to assist the City with setting cable franchise priorities for the renegotiation process as recommended in the staff report. Motion carried (3 -1 -1, Councilwoman Pinard voting no and Councilman Reiss absent). C-12 WHALE ROCK COMMISSION MEETING (File No. 921) Council considered the Whale Rock Commission meeting of June 18, 1992. Don Smith urged the Council not support a water exchange with Whale Rock. Roy Hanff, 569 Lawrence Drive, agreed. Moved by Rapoa /Roalman this item was received and tiled (3 -1 -1, Councilwoman Pinard voting no and Councilman Reiss absent). C -13 JANITORIAL SERVICES (File No. JAN 92 -001) Council considered Janitorial Service of multiple City buildings at an estimated cost of $90,000 per year. Moved by Raooa /Roalman (4 -0-1, Councilman Reiss absent) to continue this item to the end of June or the early part of July for staff to negotiate a month- to-month contract as may be necessary until more is known as far as the state budget crisis is concerned. C-14 CONFLICT OF INTEREST CODE (File No. 345) Council considered a revised list of designated employees and advisory body members required to file Conflict of Interest Statements (Form 730). Moved by Rappa /Roalman (44)-1, Councilman Reiss absent) Resolution No. 8020 was adopted updating the list of designated employees and advisory body members required to file Conflict of Interest Statements as recommended. 1 City Council Meeting Page 6 Tuesday, June 16, 1992 - 7:00 P.M. PUBLIC HEARINGS 1. 7:00 PM - STREET ABANDONMENT (File No. 535) Council held a public hearing to consider abandoning a portion of Mitchell Street between Meadow Street and the City limits (continued from 5/5/92). Wayne Peterson, Acting Public Works Director, reviewed the agenda report with the recommendation that Council adopt a resolution abandoning Mitchell Drive as recommended. Mayor Dunin declared the public hearing open. Charles Crotzer representing the applicant, spoke in support of the staffs recommendation. Mayor Dunin declared the public hearing closed. Moved by Rappa /Pinard. Resolution No. 8021 was adopted abandoning Mitchell Drive, west of Meadow, subject to reservation of easements as amended. Motion carried (4 -0-1, Councilman Reiss absent). 2. SEWER FUND RATE REVIEW (File No. 525) Council held a public hearing to consider setting sewer service charges for 1992 -93 through 1994 -95. Bill Statler, Finance Director, reviewed the agenda report and stated that the rate increase was due to several factors: 1) estimated revenues for 1993 -94, under currently scheduled rates, were 5% or $231,000 less than projected by consultants Brown and Cauldwell; staff believes the primary factor contributing to the shortfall is reduced effluent from non - residential customers due to water conservation; 2) projected revenues from interest earnings are lower than estimated by $44,000; 3) a water reclamation program is estimated to cost $86,500 during 1993 -94; no costs were included for the program as it was developed after completion of the report; 4) the pre - treatment program was projected to have a net cost of $92,000 by 1993 -94; it was originally projected that the program would be fully funded by industrial user fees; and 5) on -going capital maintenance requirements are $87,000 greater than projected. Staff is recommending setting sewer service charges as follows: residential accounts at $15.00 per month effective 7/1/92; $18.50 per month effective 7/1/93; and $19.50 effective 7/1/94. The rate structure for multi- family residential accounts is based on the concept of single meter residential equivalencies using population for household ratios from the 1990 census. Non - residential account rates are adjusted on a percentage basis consistent with the rate for single meter accounts. Mayor Dunin declared the public hearing open. Roy Hanff. Lawrence Drive, was opposed to the rate increase and believed there was an inequity relative to the residential vs. the mobile home owners. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Raaaa /Roalman, Resolution No. 8022 was adopted (3 -1 -1, Councilwoman Pinard voting no and Councilman Reiss absent) setting sewer service charges for 1992 -93 through 1994 -95 as recommended. City Council Meeting Page 7 Tuesday, June 16, 1992 - 7:00 P.M. 3. BROAD STREET ANNEXATION EIR (File No. 441) Council held a public hearing to consider the final Environmental Impact Report for the proposed Broad Street Annexation. Jeff Hook, Associate Planner, reviewed the agenda report with the recommendation that the Council adopt a resolution certifying the final EIR, including the recommended mitigation measures and monitoring program. The report summarizes the key environmental Issues and notes that 3 of the 4 significant impacts identified can be mitigated to non - significant levels. This included traffic, water and sewer service, and drainage. According to the EIR, air quality impacts upon build out, under either County or City jurisdiction, will result in the air quality impacts which cannot be mitigated entirely. Consequently, the City must adopt a *statement of overriding considerations" to proceed with the annexation. In its 1991 work program, the Council designated the Broad Street Annexation as an A -1 priority. The annexation was originally requested by the Southern California Gas Company in 1986 and referred to as the Southern California Gas Company Annexation. The Council initiated reconsideration of the annexation after continuing the item 4 years ago. In July 1991, City Council authorized staff to execute a contract in preparation of the Broad Street Annexation EIR. In March 1992 the Council amended the EIR contract to allow the consultant to respond to a broader range of public comments. The consultants submitted the final EIR which included responses to over 200 public comments. The recommended action is to adopt the resolution certifying the EIR including the recommended mitigation measures and monitoring program. Mayor Dunin declared the public hearing open. Vic Montgomery clarified that the letter from Robert A. Mott, Attorney At Law, dated June 15, 1992, concerning the Broad Street Annexation was made a part of the record. Briefly, the letter objects to the proposed EIR that would severely limit access to Highway 227. The EIR proposed a common 30- foot driveway with an adjoining owner and recommended limited access to his client's parcel. The adjoining parcel which was Williams Brothers had their own access to their property plus the proposed common driveway. The EIR provided for individual access to all other parcels fronting on Broad Street. The owners of Lots 98, 99, and 100 have the opportunity at the time of development application to request additional driveways that his client does not have provisions for on Lot 92. They were requesting the City certify the EIR with the following change to the mitigation and monitoring program recommended by staff: 1) a 40 -foot driveway access be permitted for Lot 92; and 2) the 30 -foot common driveway between Williams Brothers and Lots 91 and 92 (2083 partnership) would be used a secondary driveway only. Bill Walters, representing the Colemans, thanked the City staff and spoke in support of their request. Tom Courtney, representing Williams Brothers, also thanked the staff and urged support of the resolution. He also supported the comments made by Mr. Montgomery regarding Lot 92. He urged another independent access be provided. Mayor Dunin declared the public hearing closed. After discussion, moved by Rapp /Roalman to adopt Resolution No. 8023 certifying the final EIR, including the recommended mitigation measures and monitoring program. Motion carried (3 -1 -1, Councilwoman Pinard voting no and Councilman Reiss absent). City Council Meeting Tuesday, June 16, 1992 - 7:00 P.M. 8:40 P.M. Mayor Dunin declared a recess. 9:00 P.M. City Council reconvened; City Councilmembers present. 4. UNIFORM CODES A. BUILDING CODES (File No. 402) Page 8 Council held a public hearing to consider adoption of the 1991 editions of the Uniform Codes and the 1990 edition of the National Electrical Code, with amendments. Tom Baesch, Chief Building Inspector, reviewed the agenda report with the recommendation that Council review and introduce an ordinance to print that would 1) repeal Chapters 15.04, 15.16, 15.28, and 15.44 and Sections 15.32.010 through 15.32.240 of Title 15 of the San Luis Obispo Municipal Code; 2) create a new Chapter 15.04 adopting the 1991 editions of the Uniform Codes and the 1990 National Electrical Code with amendments, and 3) adding Section 17.08.130 to Title 17 of the San Luis Obispo Municipal Code as recommended. Mayor Dunin declared the public hearing open. LaVeme Schneider. 1356 Marsh Street, asked clarification of the fire sprinkler requirements. Mayor Dunin declared the public hearing closed. Moved by Roalman /Raaaa. Ordinance No. 1213 was introduced to print as recommended. Motion carried (4 -0-1, Councilman Reiss absent). B. FIRE CODE (File No. 726) Council held a public hearing to consider adoption of the 1991 edition of the Uniform Fire Code. Ken McCool. Fire Captain, reviewed the agenda report with the recommendation that Council introduce an ordinance to print repealing Chapter 15.08 of Tale 15 of the San Luis Obispo Code and creating a new Chapter 15.08 adopting the 1991 edition of the Uniform Fire Code with amendments as recommended. Mayor Dunin declared the public hearing open. No one spoke for or against the proposed ordinance. Mayor Dunin declared the public hearing closed. Moved by Roalman/Raooa. Ordinance No. 1214 was introduced to print as recommended. Motion carried (4 -0-1, Councilman Reiss absent). n LJ E City Council Meeting Page 9 Tuesday, June 16, 1992 - 7:00 P.M. 1 BISHOP STREET File No. 410 5. TENTATIVE MAP - 1359 & 136 ( ) Council held a public hearing to consider the Subdivision Hearing Officer's recommendation to approve a vesting tentative map (MS 91 -203) creating two lots from one lot, and to deny exceptions to access way width and setback requirements; Barbara Vance, owner. Arnold Jonas. Community Development Director, reviewed the agenda report with the recommendation that Council adopt a resolution to approve the vesting tentative map from minor Subdivision 91 -203 and deny exceptions as recommended by the Subdivision Hearing Officer. Mayor Dunin declared the public hearing open. Steve Frank, representing the applicant, spoke on behalf of the staff recommendation alternative B. He proposed certain changes which included approval of the map with deletion of conditions 1, 2, and 6 and adding a condition 10 that would state "a note to be placed on the map that the existing structure on parcel A is ever demolished or removed that either a 20 -foot access way with a 16 -foot driveway or a 20 -toot common driveway agreement with a 16 -foot private driveway be granted prior to the issuance of any building permit. Barbara Vance, applicant, spoke on behalf of her request. Dave Romero, 257 Skylark Lane, also spoke in support of the appellant. Mayor Dunin declared the public hearing closed. Afterdiscussion by Councilmembers, moved by Pinard /Dunin to adopt Resolution No. 8024 approving the vesting tentative map for MS 91 -103, and approving the exceptions as recommended by the appellant. Staff further directed to bring back driveway width standards and explore driveway configuration alternatives. Motion carried (4 -0-1, Councilman Reiss absent). 6. TENTATIVE MAP - 3765 S. HIGUERA (File No. 410) Council held a public hearing to consider a request to divide one 8.17 acre lot (MS 72 -92) into two lots with exceptions to lot size, lot design, and frontage requirements at 3765 South Higuera Street; Gregory & Jane Hind, applicants. Moved by Rappa/Roalman this item was continued without discussion at the request of the applicant to date certain Tuesday, June 30, 1992. Motion carried (4 -0-1, Councilman Reiss absent). 7. 1992 -93 BUDGET (File No. 233) Council held a public hearing to consider amendments to the 1991 -93 Financial Plan and appropriating funds for the 1992 -93 Fiscal Year. Bill Statler, Finance Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution approving the amendments as recommended. 1 Mayor Dunin declared the public hearing open. City Council Meeting Page 10 Tuesday, June 16, 1992 - 7:00 P.M. No one spoke for or against the proposed budget. Mayor Dunin declared the public hearing closed. Moved by Raooa/Roalman to adopt Resolution No. 8025 (3 -1 -1, Councilwoman Pinard voting no and Councilman Reiss absent) approving amendments to the 1991 -92 Financial Plan and appropriating funds as recommended. Mayor Dunin adjourned the meeting to the Capital Improvement Board. CALL TO ORDER ANNUAL MEETING OF THE CAPITAL MPROVEMENT BOARD Pam Vooes, Secretary, called the Roll Call; President Dunin presiding. ROLL CALL Present: Boardmembers Peg Pinard, Penny Rappa, Bill Roalman and President Ron Dunin Absent Boardmember Jerry Reiss 8. CAPITAL IMPROVEMENT BOARD (File No. 242) The annual meeting of the Capital Improvement Board was held (continued from 6/1/92). Bill Statler, Finance Director, reviewed the agenda report with the recommendation that Council approve the minutes, elect officers and adjourn to the regularly scheduled meeting. Moved by Boardmember Rapp/Roalman to approve the minutes of the November 20, 1990 meeting; elect the officers (President and Vice President) to the Capital Improvement Board as recommended; and adjourn the meeting to the next regularly scheduled meeting. President Dunin adjourned the meeting at 9:00 PM. —_R no r RFeaid t ' Pam COMMUNICATIONS COMMA. Upon general consensus, council supported a request by Councilman Roalman to direct staff to report back in late June or early July on mobilehome park vacancy decontrol issue. 11:00 P.M. there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Wednesday, June 17, 1992 at 9:00 A.M. for closed s to discuss Personnel issues. APPROVED BY COUNCIL: 7/21/92 V Pam Poges, City Cle PV:cm