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10/06/1992MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 6, 1992 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers Present: Councllmembers Peg Pinard, Jerry Reiss, Bill Roalmen, Vice -Mayor Penny Rappa, and Mayor Dunin Absent: None City Staff: Present: John Dunn, City Administrative Officer; Ken Hampian, Assistant City Administrative Officer; Jeff Jorgensen, City Attorney; Diane Gladwell, City Clerk; Wayne Peterson, Acting Public Works Director; Arnold Jonas, Community Development Director; Bob Neumann, Dire Chief PUBLIC COMMENT PERIOD P.C.1. GegMia Sanford, 2027 Swazey St., spoke in protest of the fee increase for non -profit booths at Farmers' Market. ' P.C.2. Zaxs Masferrer, P.O. Box 4844, representing Planetary Survival Alliance, spoke in protest of the fee increase for non -profit booths at Farmers' Market. P.C.3. Mark Dusek, 145 South St. Space A -26, read a prepared statement in protest of the fee Increase for non -profit booths at Farmers' Market. P.C.4. PPggav Koteen, 253 Via San Blas and representing Atheist United Group, spoke in protest of the fee increase for non -profit booths at Farmers' Market. P.C.5. Carlyn Christianson, 177 Santa Rosa St. and Planned Parenthood Director, spoke in protest of the fee increase for non -profit booths at Farmers' Market. Council did not reach consensus to instruct staff to review the fees. CONSENT AGENDA Moved by Reooa/Roalman to approve the Consent Calendar as recommended by the City Administrative Officer with the exception of C-5, C-8 and C-10 as noted; motion carried (5-0). C-1 COUNCIL MINUTES Moved by Rang /Roalman, the following minutes were adopted as amended; motion carried (5-0). ' Tuesday, September 1, 1992 at 7:00 P.M.; and Tuesday, September 15, 1992 at 7:00 P.M. City Council Meeting Page 2 Tuesday, October 6, 1992 - 7:00 PM C-2 CONTRACT PAY ESTIMATES Council considered contract pay estimates and change orders. Moved by Rama /Roalman, approved the contract pay estimates and change orders and ordered paid as recommended; motion carried (5-0). C-3 ZONING AMENDMENT - CHILD CARE FACILITIES (File No. 463) Council considered giving final passage to an ordinance amending the zoning regulations regarding child care facilities; City of San Luis Obispo, applicant (continued from 9- 15 -92). Moved by Rapp, /Roalman, Ordinance No. 1225 was given final passage as recommended; motion carried (5-0). C-4 WATERMAIN IMPROVEMENT PROJECT (File No. S-10P) Council considered plans and specifications for °Watermain Improvement Project: Victoria - Humbert to Francis and Francis - Victoria to SPRR°, City Plan No. S-1013; engineer's estimate is $46,500. Moved by Raoaa /Roalman, approved Agreement No. A- 109 -92-CC as recommended; motion carried C-5 LAGUNA LAKE GOLF COURSE IRRIGATION IMPROVEMENTS (File No. N-03Y) Council considered the withdrawal of a bid submitted by Karieskint -Crum and award of contract to Encino Engineering in the amount of $77,700. Council was concemed about the award of the contract to an agency outside the local area. Moved by Rapoa /Roalman to approve the withdrawal of bid and award the contract to Encino Engineering for City Plan No. N -03Y as recommended; motion carried (4-1, Councilmember Pinard voting no). C-6 CREEK CLEAN -UP EVENT (File No. 502) Council considered co-sponsorship of Volunteer Creek Clean -up Event scheduled for October 17, 1992 organized by Central Coast Salmon Enhancement (CCSE). Moved by Rama /Roalman, Resolution No. 8072 was adopted as recommended; motion carried (5-0). C-7 LOW INCOME UTILITY BWJNG ASSISTANCE (File No. 516) Council considered implementing a low income assistance program for City water and sewer customers consisting of 150A rate reductions, one -time payment assistance and hardware retrofit. City Council Meeting Page 3 Tuesday, October 6, 1992 - 7:00 PM Moved by RapoaLRoalman, Resolution No. 8073 was adopted as recommended; motion carried (5-0). C-8 HOUSING GRANT (File No. 1011) Council considered a request by People's Self -Help Housing Corporation that the City submit a HOME housing grant application in the amount of $1,000,000 to the California State Department of Housing and Community Development. John Dunn, City Administrative Officer, requested that this item be continued at the request of People's Self-Help Housing Authority. Moved by Pinard /Dunin this item was continued to date certain, Tuesday, October 20, 1992; motion carried (5-0). C-9 LEAGUE OF CALIFORNIA CITIES RESOLUTIONS (File No. 362) Council considered the Annual Conference resolutions. Moved by Raooa/Roalman to authorize voting delegate to support the resolutions as proposed unless Council provides alternate direction; motion carried (5-0). 1 C-10 RESOLUTION OF APPRECIATION - DUNIN Council considered a Resolution of Appreciation to Mayor Ron Dunin. Mayor Dunin stepped down due to a possible conflict of interest. Vice -Mayor Rama presided. Moved by Raooa/Roalman, Resolution No. 8075 was adopted as recommended; motion carried (44-1, Mayor Dunin abstaining). Mayor Dunin again presided. COUNCIL LIAISON REPORTS There were no Council Liaison Reports. PUBLIC HEARINGS 1. STREET ABANDONMENT (File No. 535) Council held a public hearing to consider the abandonment of a portion of Mill Street between Broad and Nipomo subject to reservation of easements and other conditions (continued from 9/1/92). Councilmember Pinard stepped down due to a possible perceived conflict of interest. City Council Meeting Page 4 Tuesday, October 6, 1892 - 7:00 PM Counciimember Reiss stated that he was formerly on the Board of Regents for Mission College Prep. He did not feel this was a conflict of interest that would restrict his ability to vote on the issue. Councilmember Raooa stated that she was a member of Mission parish and her children had attended the grade school. She did not feel this was a conflict of interest that would restrict her ability to vote on the issue. Wayne Peterson, Acting Public Works Director, reviewed the Council agenda report. Council questioned staff regarding utilities, right -of -way width issue, property use issues through an encroachment permit and future and current circulation Issues. Mayor Dunin declared the public hearing open. William Tickell, the architect representing the applicant, reviewed the history of the property and explained future plans to connect the two school properties through a master plan process. Marshall Ochylski, representing the Mission School, stated he felt the encroachment permit was a short-term solution. There was conceptual agreement with the Mission Gardens Condominium Project and, therefore, requested the abandonment with a 45 day period to allow negotiations to continue with Mission Gardens. Council discussed the problems relating to an encroachment permit as it pertained to liability for the public pathway near Mission Gardens, issues relating to the circulation, the Downtown Plan, demolition work and parking plans. Kathleen Warfield, the managing agent for Mission Gardens Homeowners Association, spoke in support of the application. Jim Tetusuli. Principal of Old Mission School and representing Mission College Prep School, spoke In support of the abandonment. Helen Teeter homeowner at Mission Gardens Condominiums, spoke in support of the abandonment. Gary Fowler, 777 Mill, spoke in opposition of the abandonment and stated he felt that the encroachment permit was a better option. Marshall Ochylski spoke of construction problems relating to an encroachment permit. Mayor Dunin declared the public hearing closed. Wayne Peterson, Acting Public Works Director, suggested some alternative wording for Section G addressing the easement width determination. Council clamed that the common driveway easement specified in V had been increased to 30' but could be reduced to 20' to accomodate the turning radius of large vehicles. Jeff Jorgensen, City Attorney, suggested a change in language in Section F from "landlocked lots of record". 1 L City Council Meeting Tuesday, October 6, 1992 - 7:00 PM Page 5 Council discussed issues relating to traffic circulation and future plans and the suitability of the encroachment permit. Moved by RoffljDunin Resolution No. 8076 was adopted with modifications to Sections F &Gas recommended by staff, motion carried (3 -1 -1, Councilmember Roalman voting no and Councilmember Pinard abstaining). Councilmember Pinard returned to the dies. 8:26 P.M. Mayor Dunin declared a recess. 8:47 P.M. City Council reconvened; all Counciimembere present. Moved by Dunin to hear Item #3 out of agenda order. Motion died for lack of a second. 2. APPEAL - CREEK REPAIRS (File No. 407) Council held a public hearing to consider an appeal by Bill Henson of the Community Development Director's determination to issue a Mitigated Negative Declaration of environmental impact for creek repairs proposed adjacent to the Laguna lake Mobile Estates mobile home park located at 1801 Prefumo Canyon Road. Mayor Dunin stepped down due to a possible conflict of interest. vice -Mayor Raaca presided. Amold Jonas, Community Development Director, reviewed the plans and timing of the creek repair project He also stated that staff had no objection to reducing the review period to six months and proposed Section 2 Subparagraph 1 be changed to reflect rather than a one year review. Council questioned staff regarding mitigation measures, project timing, six -month monitoring periods, warranties and standards. Vice -Mayor Raooa declared the public hearing open. Betty Henson 860 Thelma Drive, submitted pictures and packets to Council and expressed concerns that the efforts were not stringent enough to protect private property from erosion. Bill Henson, 860 Thelma Drive, spoke regarding the encroachments and water erosion causing loss of property. Lloyd Dietrich, 1837 Garnet Dr., spoke pertaining to planting lots for sale, encroachments and easements. Wilsteen Reinhart 1713 Thelma Drive, had questions pertaining to plant material and the monitoring of the project. City Council Meeting Page 6 Tuesday, October 6, 1992 - 7:00 PM Julie Moore. Laguna Lake Mobile Home Park, read letter from Creekside residents stati ng that their property was less marketable because of a erosion. Gary Collister. 2760 Spring Street, Long Beach, spoke representing Laguna Lake encouraged the work to be completed. David Romero partial owner of a lot at 1007 Jane Drive, spoke in favor of the project stating that if nothing was done it posed a significant risk. Vice -Mayor Rama declared the public hearing closed. After discussion, moved by Roalman /Reiss to adopt Resolution No. 8077 denying the appeal and upholding the Community Development Director's determining with amendments to Section 2 Subparagraph 1 ; motion carried (44-1, Mayor Dunin abstaining). Mayor Dunin returned to the dies and once more presided. 3. APPEAL - THE VILLAGE (File No. 407) Council held a public hearing to consider an appeal by Roger Picquet of a Planning Commission action to deny an appeal of the Community Development Director's determination that a Planned Development Amendment is not necessary to allow property owner withdrawal from participation in a program providing rent subsidies for housing in the senior project known as the Village, located at 55 Broad Street Arnold Jonas. Community Development Director, presented the Council agenda report stating that there was no requirement for a City approval to withdraw from a subsidized housing program. Council discussed project review process and the intent of Council at the time the project was converted from student housing to senior housing. Mayor Dunin declared the public hearing open. Roger Picauet, applicant, spoke stating that the owner should submit to City review to withdraw from the Section 8 program because it changed the planned development. Scott McKecknev, whose mother lives at the property, requested governmental assistant allowing his mother to stay. Nick Neuburoer, general manager of The Village, 55 Broad St., addressed his concerns relating to government control of tenants and property rights issues. George Moylan, Housing Authority, gave background on the Section 8 housing program. Julie Kluver, Marketing Coordinator at The Village, summarized the Planning Commission minutes and stated that there was no basis in law for the appeal. Roy Hamff. 569 Lawrence Drive, spoke regarding intent and the taking of property. 1 City Council Meeting Tuesday, October 6, 1992 - 7:00 PM t Helen Frenklin, 55 N. Broad, stated that people should live where they could afford. Mayor Dunin declared the public hearing dosed. Page 7 After discussion, moved by Roalman /Reiss, Resolution No. 8078 was adopted denying the appeal as recommended; motion carried (4-1, Councilmember Rappa voting no). 4. APPEAL - CONEJO AVENUE (File No. 407) Council held a public hearing to consider an appeal by Rue[ J. Czech of a Planning Commission interpretation of a tract map condition for Tract 940, limiting development on each parcel to one single- family residence, developed as a single structure; Lou and Christine Zimmerman, applicants. Arnold Jonas, Community Development Director, reviewed the agenda report recommending approval of the appeal subject to conditions. Mayor Dunin declared the public hearing open. Ruel Czech, 850 Pacific, Cayucos, project architect, described the detached art studio and sewing room and spoke in favor of the project. Lou Zimmerman, applicant, stated that he would be amenable to the deed restriction. ' Jeff Jorgensen. City Attorney, suggested a restrictive covenant on the property to prohibit rental of the unit. Councilmember RapRi requested the applicant to state for the record that he agreed to the deed restriction to limit the property to a single family resident, to which the applicant responded 'Yes". Brett Cross. Planning Commissioner, was concerned with the possibility of a rental unit above the garage. Major Dunin declared the public hearing closed. Moved by Roalman /Raooa. Resolution No. 8079 was adopted to uphold the appeal subject to findings and conditions including amendments providing deed restrictions; motion carried (4-1, Counc[lmember Pinard voting no). BUSINESS ITEMS S. WATERLINE IMPROVEMENT PROJECT (File No. S-0513) Council considered plans and specifications for °Waterline Improvement Project: Higuera Street - Broad to Osos°, City Plan No. S-0513; engineer's estimate $180,000 including contingencies and potential bonus. Ken 1gMRj n. Assistant City Administrative Officer, reviewed the need for the Waterline Project. Councilmember Rauoa left Council Chambers at 11:30 P.M. City Council Meeting Page 8 Tuesday, October 6, 1992 - 7:00 PM Councilmember RaRR@ returned to the dias at 11:34 P.M. Tony Gomez, representing the Business Improvement Association, thanked City staff and stated that the City Public Works and the BIA had worked together well to establish a compromise in the program. Wayne Peterson, Acting Public Works Director, stated the importance of the project Moved by Raooa /Reiss, to approve plans and specifications for City Plan S-0513 and authorize staff to advertise for bids and contract award by City Administrative Officer to the lowest responsible bidder as recommended; motion carried (5-0). 5A. ADDENDUM TO AGENDA ITEM #5 (File No. S-05P) Council considered an addendum to Item No. 5 to approve an allocation in the amount of $7,500 from the Water Main Improvement Project account to support a promotional /advertising campaign to mitigate the effects of the Higuera Street Waterline Improvement Project ($5,000 direct contribution; Up to $2,500 in matching funds to Business Improvement Association /merchant contributions). Moved by Raooa /Reiss to approve allocation as recommended; motion carried (5-0). COMMUNICATIONS COMMA. Councilmember Reiss requested a new microphone for the public podium. ' COMM.2. Mayor Dunin reported that Cal Poly enrollment was 14,500 Full -Time Equivalent Students out of 16,700 total students. 11:40 P.M. there being no further business to come before the City Council, Mayor Dunin adjourned the meeting to Saturday, October 17, 1992 at 8:00 AM at the Embassy Suites Hotel for conference on "Designing the Future of San Luis Obispo County". APPROVED BY COUNCIL: 11/10/92 I Dian, R. Gladwell DRG:cm MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, OCTOBER 20, 1992 - 7:00 P.M. COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL Councilmembers llwll Present: Councilmembers Peg Pinard, Jerry Reiss, Bill Roalman, Vice 1 Mayor Penny Rappa, and Mayor Ron Dunin