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08/18/1992MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, AUGUST 18, 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, Jerry Reiss, Bill Roalman and Mayor Dunin Absent: None 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, Bob Neumann, Fire Chief; Ann McPike, Personnel Director, Bill Hetland, Utilities Director; John Moss, Wastewater Division Manager PUBLIC COMMENT PERIOD P.C.1. Nick Newbumer explained the situation existing at The Village on Broad Street regarding the discontinuance of accepting housing assistance for the residents of the facility. CONSENT AGENDA Moved by RaDOa /Roalman the Consent Calendar was unanimously approved (5-0) as recommended by the City Administrative Officer with the exceptions of C-2, C-3, C-4, C-6, C-7, C -9, and C-11 as noted. C-1 COUNCIL MINUTES Moved by Raooa /Roalman (5-0), the following minutes were approved as amended: Tuesday, July 7, 1992 at 7:00 P.M.; Tuesday, July 21, 1992 at 6:00 P.M.; and Tuesday, July 21, 1992 at 7:00 P.M. C -2 COPYING CHARGES (File No. 109) Council considered a report to support the City's current photocopy charges to the public. The recommendation was for Council to reaffirm the Council's previous action when they adopted a resolution that established the current photocopying charges of $.25 per page or to select an alternative to the present charge. Mayor Dunin asked for public comment. City Council Meeting Page 2 Tuesday, August 18, 1992 - 7:00 P.M. David Friend believed that It was unfair to request $.25 per page, particularly foragenda related items. Roy Harrft was also opposed to the $.25 charge. He felt that it was important for citizens to stay informed and this would have a negative impact on his ability to be familiar with current issues. Brett Cross suggested that a private purveyor be hired to install copy machines at important locations. Councilwoman Ranoa stated that she could support having a coping machine. She suggested the driver's license of the individual could be held until they return the material. This would be similar to how the County provides for coping services. Councilman Reiss was concerned that agenda related Items be provided the public at no charge. After discussion, moved by Reiss / Pinard to provide copies of agenda items at no cost to the public. Motion carried unanimously (5-0). The policy to retain the $.25 per copy charge for all other documents remains. Upon general consensus, Council also requested that staff monitor the use of making copies of agenda reports to the public and if there was an abuse of the system, to bring It back to the Council. The Council indicated that the public should not be limited in obtaining Council agenda related information, but requests for copies should be reasonable, i.e. 1 -3 agenda Items, and provide sufficient time for staff to provide it in compliance with the Public Records Act. C-3 ANIMAL CONTROL AGREEMENT (File No. 761) Council considered approving the annual Animal Control contract between the County of San Luis Obispo and the City at a cost of $60,350. Moved by Rauaa /Roalman. Resolution No. 8045 was adopted authorizing the Mayor to execute a contract (A- 80- 92 -CC) with the County for Animal Regulations Services for FY 1992 -93 as recommended. Motion carried (4-1, Councilman Roalman voting no). C-4 TRANSPORTATION STUDIES CONTRACT AMENDMENT (File No. 401) Council considered amendments to the contract with DKS Associates to fund the preparation of transportation studies associated with the draft Circulation Element at a cost of $22,816. Councilwoman Pinard expressed concern about the $45,000 that was previously earmarked for neighborhood planning studies which would be conducted after adoption of the Circulations Element. She wanted to see those retained. After discussion, it was moved by Roalman to support the financing for alternatives 2 and 3 identified in the report. Rem #2 was the specific programs to be established to reduce traffic Highway 1 Including trip reduction programs for Cuesta College, Cal Poly, California Men's Colony, Hearst Castle, and commuter traffic from the north coast. Item #3 was operational changes to be made within the existing ROW that have limited land use impacts but.improved traffic flow on several streets. Motion died for lack of a second. 1 City Council Meeting Page 3 Tuesday, August 18, 1992 - 7:00 P.M. approving Alter additional discussion, It was moved by Rappa /Reiss to adopt Resolution N o . 8046 the amended consultant services agreement with DKS Associates and the $45,000 of the contract amount earmarked for neighborhood planning studies be conducted when appropriate after the adoption of the Circulation Element. Motion carried (3-2, Councitmembers Pinard and Roalman voting no). C-5 SIGN REGULATIONS CORRECTIONS (File No. 424) Council considered correcting the Sign Regulations to make them more understandable. Moved by Rappa /Roalman (5-0), Ordinance No. 1218 was introduced to print determining that the recommended changes are not for purposes of environmental review and correcting the references to zone districts, and other minor corrections as recommended. C-6 TRAFFIC SIGNAL UPGRADE (File No. CP- T -14C) Council considered the rejection of the only bid received on July 16, 1992 for "Traffic Signal Upgrade: Santa Rosa at Monterey, Santa Rosa at Palm and Santa Rosa at Mill), City Plan No. T -14C estimated to cost $85,000 including contingencies. Staff recommendation was to reject the lone bid and authorize staff to readvertise and the CAO to award contract to the lowest responsible bidder. 1 Mayor Dunin asked for public comment. David Friend supported the rejection of the bid but urged tabling of the project until the state determines what kind of a shortfall would be sent to the cities. Roy Han ff felt that the project was too expensive. Wayne Peterson, City Engineer, briefly reviewed the agenda report with the recommendation that Council support the recommendation as identified in the report. Moved by Roalman /Rappa to reject the lone bid, authorize staff to readvertise and authorize the CAO to award the contract (A- 52- 92-CC) to the lowest responsible bidder within engineer's estimate as recommended. Motion carried (5-0). C-7 STREET RECONSTRUCTION PROJECT (File No. CP S-12A) Council considered the approving of plans and specifications for "Street Reconstruction and Resurfacing Project, Various Locations," City Plan No. S -12A estimated to cost $670,000 including contingencies. David Friend urged against the project stating that he felt it was too expensive at this time of fiscal unrest at the state level. After brief discussion, moved by Rappa/Reiss to approve the plans and specifications for the Street Reconstruction and Resurfacing Project, authorize staff to advertise for bids and authorized the CAO to award the contract (A- 82- 92-CC) if the lowest responsible bid is within the engineer's estimate as recommended. Motion carried (4-1, Councilwoman Pinard voting no). City Council Meeting Page 4 Tuesday, August 18, 1992 - 7:00 P.M. C-e SEISMIC SAFETY CORRECTIONS (File No. CP S-35X) Council considered plans and specifications for Seismic Safety Corrections to Fire Station No. 3, City Plan No. S-W), engineers estimate $20,000 including contingencies. Moved by RapR@ /Roalman (5-0) to approve the plans and specifications for Seismic Safety Corrections, authorized staff to advertise for bids and authorized the CAO to award contract (A- 83- 92-CC) If the lowest responsible bid is within the engineers estimate as recommended. C-9 DISPOSAL /RECLAMATION WASTEWATER BIOSOLIDS (File No. WW 92-08) Council considered approving a Request for Proposals for Operations and Maintenance Services for Management and Disposal /Reclamation of City's Biosolids at an estimated cost of $150,000. After brief discussion, moved by Roalman /Raona to approve the RFP for Operations Maintenance Services for Management and Disposal /Reclamation of Citys Biosolids, authorize staff to solicit bids, and authorize CAO to award contract (A- 84- 92 -CC) if lowest responsible proposal is within staff estimate as recommended. Motion carried (5-0). C-10 BIA ADMINISTRATOR CONTRACT (File No. 471) Council considered approving the contract of employment between the City and Lynn Block, BIA Administrator, for the period of July 3, 1992 through July 3, 1993. Councilwoman Pinard was concerned that there is a 2 -1 ratio of administrative's costs vs. promotional costs which she felt was excessive. After brief discussion, moved by Rappa / Dunin to adopt Resolution No. 8047 approving the contract of employment (A- 85- 92-CC) between the City and Lynn Block as recommended. Motion carried (4-1, Councilwoman Pinard voting no). C-11 CITY CLERK APPOINTMENT (File No. 151/621) Council considered the appointment of a new City Clerk and establishing compensation and benefits, and approving an agreement with current City Clerk for interim consultant services and adjusting the salary of current City Clerk. A. Moved by Roalman /Rama to adopt Resolution No. 8048 (3-2, Councilman Reiss and Mayor Dunin voting no) to appoint Diane Gladwell City Clerk and setting forth the employment agreement (A- 86-92- CC). B. Moved by Roalman/RaRoa to adopt Resolution No. 8049 (3-2, Councilman Reiss and Mayor Dunin voting no) establishing compensation and benefits for Diane Gladwell. C. Moved by Roalman /Raona to adopt Resolution No. 8050 (4-1, Councilman Roalman voting no) authorizing the Mayor to execute an agreement (A- 87- 92 -CC) with Pam Voges to provide professional services on an interim basis through November 6, 1992. City Council Meeting Page 5 Tuesday, August 18, 1992 - 7:00 P.M. 1 Roalman voting no to D. Moved by Roalman/Raeoa to adopt Resolution No. 8051 (41, Councilman Roa rna Ot g ) adjust the salary for the City Clerk Pam Voges as recommended. Following a 9:00 P.M. break, Councilman Roalman requested reconsideration of hem C-11 D regarding the adjustment salary for the City Clerk. He stated that he did not realize that this was included in the previous motion and did support the Resolution. He stated, for the record, that he felt the office was well run under Ms. Voges and, in fact, the office was so well run, he did not see it necessary to have the position overlapped with the new City Clerk which was why he did not support Resolution in C-41 C but could support Resolution in C-11 D regarding the salary increase. The Resolution No. 8051 was then readopted and approved unanimously (5-0). C-12 SLOCEA MOA APPROVAL (File No. 623) Council considered approving the Memorandum of Agreement between the City of San Luis Obispo and the SLO City Employee's Association for the period of 7/1/92 through 6/30/94. Moved by Raooa /Roalman. Resolution No. 8052 was adopted approving the Memorandum of Agreement (A- 88- 92 -CC) as recommended. Motion carried (5-0). C-13 LEAGUE VOTING DELEGATE (File No. 362) 1 Council considered appointing a voting delegate and alternate to the Annual League Conference to be held October 10 through 13, 1992. Pam Voges, City Clerk, stated that the recommendation was being requested for amendment to appoint Mayor Ron Dunin as the voting delegate and City Administrative Officer, John Dunn, as the alternate as Penny Rappa was not going to be available on the date of the voting. Moved by Raoaa/Roalman to appoint Mayor Dunin and John Dunn as recommended. Motion carried (5-0). APPOINTMENT A7. PLANNING COMMISSION (File No. 123) Council considered an appointment to the Planning Commission to fill an unexpired term ending 3/31/95. Councilman Roalman stated that the Council Subcommittee (comprised of Councilman Pinard and Councilman Roalman) had been unable to reach a unanimous recommendation to the City Council, and therefore, was recommending a split recommendation of two candidates, Melody DeMerrit and Mary Biilington Whittlesey. He stated that they were both well qualified as were other applicants and requested that the Council make the final determination. Councilman Roalman reviewed the attributes of Ms. Whittlesey. Moved by Roalman /Rapps to appoint Mary Biilington Whittlesey to the Planning Commission with term expiring 3/31/95. Motion failed (2 -3, Councilmembers Pinard, Reiss and Mayor Dunin voting no). City Council Meeting Page 6 Tuesday, August 18, 1992 - 7:00 P.M. Councilwoman Pinard then reviewed the attributes of Melody DeMerrit. 1 Moved by Pinard/Dunin to appoint Melody DeMenit to the Planning Commission. Motion failed (1-4, Councilmembers Rappa, Reiss, Roalman and Mayor Dunin voting no). Moved by Reiss / Dunin to appoint Charles Senn to the Planning Commission for a term expiring 3/31/95. Motion carried (3-2, Councilmembers Pinard and Roalman voting no). PRESENTATION Presentations were made by Mayor Dunin to four recipients of the City's Employee Suggestion Award Program which included Dave Smith, Elwyn UttleTield, Bill Reynolds, and Paul Post. COUNCIL UAISON. REPORTS There were no Council Uaison Reports. PUBUC HEARINGS 1. TENTATIVE MAP -GEORGE STREET (File No..411) Council held a public hearing to consider the Hearing Officer's recommendation to create four lots from two with exception to the subdivision and grading standards for property located at 1105 George Street (MS-91 -192); Davin Gallagher, applicant (continued from 8/4/92). Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that Council adopt a resolution approving the tentative map as recommended. Mayor Dunin declared the public hearing open. Devin Gallagher spoke in support of the project and provided a slide presentation. Tina Woodel, project architect, suggested adding amendments to the approval of the resolution to include minor and incidental review. David Friend. spoke in support of the project. Mayor Dunin declared the public hearing closed. Bruce Sievertsen, member of the Architectural Review Commission, was available for questions. After brief discussion, moved by Raona /Pinard to adopt Resolution No. 8053 approving the tentative map for MS 91 -192 subject to the findings and conditions and including the amendments proposed by Arnold Jonas in tonight's discussion. Motion carried (5-0). 2. THURSDAY NIGHT FEES (File No. 472) Council held a public hearing to consider approving changes to the Thursday Night /Farmers Market Rules and Regulations and fee structure. City Council Meeting Page 7 Tuesday, August 18, 1992 - 7:00 P.M. hearing to consider approving changes to the Pam Voaes. City Clerk, requested that the public lies g pP 9 9 Thursday Night /Farmers Market Rules and Regulations and fee structure be continued to date certain Tuesday, September 1, 1992- Moved by Rapp / Pinard to continue this item without discussion to date certain as recommended. Motion carried (5-0). 3. ARCHITECTURAL REVIEW PROCEDURES (File No. 403) Council held a public hearing to consider streamlined architectural review procedures for aesthetically insignificant projects. Arnold Jonas. Community Development Director, briefly reviewed the agenda report with the recommendation that Council introduce an ordinance to print streamlining architectural review and adopts resolution amending the Architectural Review Guidelines concerning aesthetically insignificant projects. Councilwoman Pinard expressed concern that the Community Development Department, not the Council, will determine what is significant and that the public would not be noticed minor projects. Mayor Dunin declared the public hearing open. ' Bruce Sievertsen spoke in support of the ordinance. Dave Romero spoke in support of the ordinance. David Friend spoke in support. Roy Hanff, 569 Lawrence Dr., was opposed. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Raooa /Reiss to introduce Ordinance No. 1219 to print streamlining architectural review for aesthetically insignificant projects. Motion carried (4-1, Councilwoman Pinard voting no). Upon general consensus, Council agreed that a follow -up report be brought back to the Council monitoring these decisions. Moved by Rapoa /Reiss, Resolution No. 8054 was adopted amending the Architectural Review Guidelines concerning aesthetically insignificant projects as recommended. Motion carved (4-1, Councilwoman Pinard voting no). 4. REZONING - R 27 -92 (File No. 463) Council held a public hearing to consider an amendment to the Zoning Regulations to allow certain ' retail uses in eleven areas with Neighborhood Commercial (C-N) zoning within the City limits, subject to modifications as recommended by the Planning Commission; John Rossetti, applicant. City Council Meeting Page 8 Tuesday, August 18, 1992 - 7:00 P.M. Arnold Jonas. Community Development Director, reviewed the agenda report with the 1 recommendation that Council introduce an ordinance to print amending the Zoning Regulations, Title 17 of the Municipal Code, subject to modifications as recommended by the Planning Commission. Mayor Dunin declared the public hearing open. Brett Cross, representing the Planning Commission, stated that the Planning Commission had concerns about what the appropriate uses of the C-N zone but believed any amendment would be more appropriate when the Land Use Element comes back. Vic Montoomery, 3026 S. Higuera and representing the applicant, spoke in support of the ordinance but suggested some amendments to Page 4-7 of the ordinance relative to retail sales and repair of bicycles as well as the types of uses to be allowed In C-N zones. John Rossetti spoke in support of the ordinance. Mayor Dunin declared the public hearing closed. After brief discussion, moved by Dunin /Raaoa to introduce Ordinance No. 1220 to print amending the Zoning Regulations, Title 17 of the Municipal Code, subject to modifications as recommended by the Planning Commission with a new footnote #8 to read: Motion carried unanimously (5-0). Moved by Roalman /Reiss to add a new category for retail sales and repair of bicycles that are allowed in the C-N zone without an Administrative Use Permit required. Motion carried (5-0). 9:30 P.M. Mayor Dunin declared a recess. 9:45 P.M. City Council reconvened; all Councilmembers present. 5. PLANNED DEVELOPMENT - PD 1451 (File No. 463) Council held a public hearing to consider a Planning Commission recommendation to approve a request to rezone the Wafter Center from Office Special Considerations (O-S) to Office Planned Development (O-PD) to expand types of uses allowed at 3190 -3240 South Higuere Street; Don Wafter, applicant. Arnold Jonas. Community Development Director, reviewed by the agenda report with the recommendation that Council introduce an ordinance to print approving the planned development rezoning application as recommended by the Planning Commission. Mayor Dunin declared the public hearing open. Brett Cross, representing the Planning Commission, explained how the Planning Commission got to the recommendation to only allow 30% rather than staff's recommendation of only 25% to allow tenants other than governmental service agencies and social services businesses and private non- profit social services occupying that much of the gross lease space on the parcels. City Council Meeting Page 9 Tuesday, August 18, 1992 - 7:00 P.M. Bruce Fraser representing the applicant, supported the recommendation by the Planning Commission and staff with the exception that Council allow 50% of the gross lease rather than 30 %. Mayor Dunin declared the public hearing closed. Councilman Roalman stated he could support an increase from 30% to 40% of the gross lease space and moved the ordinance to print with that amendment. Motion died due to lack of a second. Moved by Rappa/Reiss to introduce Ordinance No. 1221 to print (4-1, Councilman Roalman voting no) approving the planned development rezoning application PD 1451 with the amendment to section 3 condition 3 to allow up to 50% of the gross lease space for tenants. COMMUNICATIONS COMMA. Request by Vice -Mayor Rappa to agendize amendments to the planned development for The Village. After brief discussion and upon general consensus, staff encouraged to expedite the administrative actions of this ftem to facilitate normal processing of the application. 11:15 P.M. there being no further business to come before the City Council, Mayor Junin adjourned the meeting to closed session to discuss personnel and litigation issues. 11:40 P.M. there being no further business, Mayor Dunin adjourn T eeting. APPROVED BY COUNCIL 9/15/92 v Pam oges, City CI PV:cm r MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, SEPTEMBER 1, 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, Jerry Reiss, Bill Roalman and Mayor Dunin Absent: None 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, Bill Statler, Finance Director; Bob