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.
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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.
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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.
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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".
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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.
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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
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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