HomeMy WebLinkAbout02/16/1993City Council Meeting
Tuesday, February 16, 1993 - 7:00 PM
City Staff
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Present: John Dunn, CityAdministrative Officer, Ken Hampian, Assistant
City Administrative Officer, Jeff Jorgensen, City Attorney; Kim
Condon, Assistant City Clerk; Mike McCluskey, Public Works
Director; Wayne Peterson, City Engineer, Arnold Jonas,
Community Development Director, Bob Neumann, Fire Chief;
Jim Gardiner, Police Chief; John Moss, Acting Utilities Director;
Gary Henderson, Water Division Manager
PUBLIC COMMENT PERIOD
P.C.I. The King and Queen of Mardi Gras Michael McGee and Marsha, made a statement in support
of Mardi Gras.
P.C.2. David Troxel. Director of ADCARE, explained the ADCARE programs and asked about the
Possibility of using City -owned property for the ADCARE facility.
P.C.3. Brad Goan s spoke about U.S. war crimes in the Persian Gulf and ending sanctions against
Iraq.
P.C.4. Greg Macedo said the Anholm Park renovation has taken too long.
CONSENT AGENDA
Moved by Settle Romer the Consent Calendar was unanimously approved as recommended by the
City Administrative Officer with the exception of C-4, C-5, C-7, and C-9 as noted; motion carried (4 -0-1,
Council Member Rappa absent).
C-1 COUNCIL MINUTES
Council considered adoption of the following minutes:
Tuesday, January 5, 1993 at 6:15 p.m.;
Tuesday, January 5, 1993 at 7:00 p.m.;
Tuesday, January 12, 1993 at 7:00 p.m.; and
Monday, January 20, 1993 at 12:00 p.m.
Moved by Settle/Romero. the minutes were adopted as amended; motion carried (44)-1, Council
Member Rappa absent).
C-2 CHANNEL COUNTIES LEGISLATIVE ACTION PROGRAM (File No. 364)
Council considered endorsing the League of California Cities Channel Counties Division's Legislative
Action Program for 1993.
Moved by Settle/Romero to adopt Resolution No. 8120 supporting the Channel Counties Legislative
Action Program; motion carried (4.0 -1, Council Member Rappa absent).
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Tuesday, February 16, 1993 - 7:00 PM
C-3 BIKE LANE /RESURFACING PROJECT (File No. S-41A)
Council considered plans and specifications for 'Bike Lane /Street Resurfacing Project, Santa Rosa
and Santa Barbara Streets," City Plan No. S-41A; engineers estimate $187,560: Caltrans participation
in the cost of improvements on Santa Rosa up to $48,400; State -Local Transportation Partnership
Program (SB300) estimated to be $25,000, if granted.
Moved by Settle/Romero to approve plans and specifications, authorize staff to advertise for bids, and
authorize CAO to award a contract ( Aareement No. A- 21- 93 -CC); motion carried (4 -0-1, Council
Member Rappe absent).
C-4 CONSULTANT SERVICES AGREEMENT AMENDMENT
Council considered Amendment No. 2 to the Woodward -Clyde agreement for Consultant Services
related to preparation of the environmental impact report for the Salinas Reservoir Expansion project.
Council expressed concern over the cost of this amendment in relation to the scope of work. Gary
Henderson, Water Division Manager, said that in the long run it would this additional work might
actually save the City money.
Moved by Roalman/Romero to approve Amendment No. 2 to the Woodward -Clyde agreement to
include an evaluation of the proposed alternative to relocating the Marina Facilities, increasing
maximum compensation by $8,500 to $315,800; motion approved (3 -1 -1, Council Member Settle voting
no, Council Member Rappe absent).
C-5 STENNER CANYON PROPERTY LEASE (File No. 517)
Council considered a five -year lease of a 13 acre parcel located at Stenner Canyon (continued from
11/17/92.)
Council fell that the monthly rental price of $275 was low but conceded that if the mobilehome was
moved the property would not be generating any revenue at all.
Moved by Romero /Settle to approve Agreement No. A- 22 -93-CC and authorize Mayor to execute a
five -year lease of APN 073. 281 -004 with Kenneth L Glick; motion carried (3 -1 -1, Council Member
Roalman voting no, Council Member Rappa absent).
C-6 ANHOLM PARK IMPROVEMENTS (File No. S-19Y)
Council considered modifications in specifications for play equipment at Anholm Park estimated to
cost $26,000.
Moved by Settle /Romero to approve modifications, direct staff to advertise for bids, and authorized
CAO to award contract (Agreement No. A- 67- 92 -CC); motion carried (4 -0.1, Council Member Rappa
absent).
C-7 WATER MAIN PROJECT (File No. T -0713)
Council considered plans and specifications for "Water Main Improvement Project: Johnson -
Monterey to Buchon and Pismo - Johnson to SPRR,° City Plan No. T -0713; engineers estimate
$174,000.
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Tuesday, February 16, 1993 - 7:00 PM
Moved by Settle /Romero to approve plans and specifications, direct staff to advertise for bids and
authorize CAO to award contract (Agreement No. A- 23- 93 -CC); motion carried 4-0-1, Council Member
Rappe absent).
C-8 ASSIGNMENT OF CLOUD SEEDING AGREEMENT (File No. 90-68)
Council considered assigning Cloud Seeding Agreement with Atmospherics, Inc. to the County of San
Luis Obispo.
Council questioned the project in meeting the highest priority considering the amount of expenditure.
Moved by Settle /Romero to approve the County's request and authorize the Mayor to execute
Agreement No. A- 24- 93-CC; motion carried (4 -0-1, Council Member Rappa absent).
C-9 FINANCEMERSONNEL RECORDS RETENTION (File No. 155)
Council considered a records retention and disposal policy for the Finance and Personnel
Departments (continued from 1/5/93.)
Council was concerned about the cost of the method of disposal but agreed that recycling was a
responsibility that should be taken seriously.
Moved by Settle /Roalman to adopt Resolution No. 8122 establishing a records retention and disposal
policy for Finance and Personnel; motion carried (3 -1 -1, Council Member Romero voting no, Council
Member Rappa absent).
C-10 COPYING SERVICES CONTRACT (File No. 151)
Council considered a Request for Proposals (RFP) for contract copy services.
Moved by Settle /Romero to approve RFP, authorized staff to advertise and authorized CAO to award
a contract (Agreement No. A- 01- 93 -CC); motion carried 4-0-1, Council Member Rappa absent).
C -11 ELECTION EXPENSE REPORT (File No. 323)
Council considered a report on the election expenses for the General Municipal Election of Tuesday,
November 3, 1992.
Moved by Settle /Romero to receive and file the report; motion carried (4 -0-1, Council Member Rappa
absent).
C -12 HOME COMPOSTING EDUCATION (File No. 482)
Council considered a report regarding Home Composting Education program grant application.
Moved by Settle /Romero to receive and file the report; motion carried (4 -0-1, Council Member Rappa
absent).
C-13. PERS HEALTH PROGRAM (File No. 641)
Council considered a corrected resolution electing to be subject to Public Employees' Medical and
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Tuesday, February 16, 1993 - 7:00 PM
Hospital Care Act and eligible for PERS Health Benefit Plans.
Moved by Settle/Romero to adopt Resolution No. 8123 electing to be subject to PERS Medical and
Hospital Care; motion carried (4.0 -1, Council Member Rappa absent).
PUBLIC HEARINGS
1. WATER RATE STRUCTURE (File No. 516)
Council held a public hearing to consider eliminating minimum charges and implementing a three -
tiered commodity rate structure for all customers which will charge the following rates on a monthly
basis: 1 - 5 units @ $2.00 per hundred cubic feet (ccf); 6 - 12 units @ $3.00 per ccf consumed; 13+
units @ $3.35 per cc( consumed (continued from 1/15/93.)
Bill Statler. Finance Director, reviewed the agenda report.
Mayor Pinard declared the public hearing open.
Rry Livingston. an Assistant Superintendent for the San Luis Coastal School District, asked the
Council to consider charging public facilities at a lower rate.
Lance Evans. Chamber of Commerce, said the three - tiered structure puts an unfair burden on high -
end commercial water users.
Rov Hanff. 569 Lawrence Drive, said the notion that the cost of water would be lower after the drought
was a fallacy and thought future rates should reflect the costs of maintenance and operation over the
next few years.
Howard Brown. 276 Graves Ave., protested the three - tiered rate structure and said citizens should be
charged a fixed price for water no matter how many units are used.
Carla Sanders, Oakridge Drive, supported the new rate structure.
Roger Kees, 1660 Fredericks, spoke against the new rate structure and said that it was punitive to
large families.
Charles Holden, 11327 C Los Osos Valley Road, representing Embassy Suites, expressed opposition
to raising rates in hard economic times.
Roger Idler, 3555 Sequoia, a laundromat owner, was opposed to the three -tier structure and urged
Council to consider a two - tiered rate structure.
Jesse Norris. 2047 Wilding Lane, owner of the Sands Motel, urged Council to come up with a formula
for water rates that was more equitable to the business community.
Steve McGary, 320 Calle Lupita, voiced opposition to the new rate structure.
Nick Neuberger. disagreed with the three - tiered approach because apartment dwellers sharing a single
water meter would pay for water at the highest rate.
Walt Melton. 141 Los Robles, said he felt the new rates were exorbitant.
City Council Meeting
Tuesday, February 16, 1993 - 7:00 PM
Mayor Pinard closed the public hearing.
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After discussion, Council asked staff to provide alternatives for the three - timed water rate structure.
Finance Director Bill Statler explained that the two-tiered approach to the water rate structure would
offer more flexibility, equitability while promoting conservation.
Moved by Roalman /Settle, Resolution No. 8121 was adopted amending water service rates to a two-
tiered commodity rate structure for all customers: 1 - 5 units at $2.25 per hundred cubic feet
consumed; more than five units at $280 per ccf consumed; motion carved (4 -0-1, Council Member
Rappa absent).
After further discussion, moved by Settle /Romero that the "no cost° method of making the billing
transition be employed; motion carried (4 -0-1. Council Member Rappe absent).
At 8:25 PM, Mayor Pinard called for a recess.
8:40 PM, the Council reconvened. Council Member Rappa absen L
2 APPEAL - 300 GRAND AVENUE (File No. 407)
Council held a public hearing to consider an appeal by Robert and Margaret Sigerson of a Planning
Commission action to deny an appeal of.the Hearing Officer's action approving a request to allow
more than one dwelling on an Low-density Residential (R -1) lot (A 217 -92); Albert and Caryl Cooper,
applicants
Arnold Jonas, Community Development Director, reviewed the staff report.
Mayor Pinard declared the public hearing open.
Mamaret Sigerson, 1840 Hope Street and one of the appellants, outlined several reasons for
opposition to the project including fire hazards, possible damage to the root system of an oak tree,
drainage, and privacy issues.
AI Cooper. 300 Grand Avenue, the applicant, commended staff on the report.
Robert Siaerson. 1840 Hope Street, the appellant, said it was unclear to him whether this was to be
a one -story or two -story structure. .
Mayor Pinard declared the public hearing closed.
Fire Chief Bob Neumann, said new home construction which would include fire proof roofing material
would ameliorate fire concerns but that ECO block or similar surface should be used instead of
proposed gravel driveway to ensure access by fire vehicles if necessary.
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After discussion, moved by Roalman /Settle. Resolution N0.8124 was adopted denying the appeal with
revised conditions for Architectural Commission Review to examine overlook and neighborhood
compatibility, proposed gravel driveway should meet City standards with a paved surface or ECO '
block; and change in code requirements regarding drainage easement; motion carried (4 -0-1, Council
Member Rappa absent).
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Tuesday, February 16, 1993 - 7:00 PM
3. APPEAL. - 2070 FIXUNI (File No. 407)
Council held a public hearing to consider an appeal by Phil Ashley of a Architectural Review
Commission action granting schematic approval to a new church on the east side of Johnson Avenue,
just north of General Hospital (2070 Fixlini); Church of Jesus Christ of the Latter -Day Saints, applicant.
Arnold Jonas. Community Development Director, reviewed the staff report.
Mayor Pinard, declared the public hearing open.
Phil Ashley, the appellant residing at 1586 La Cita Court, outlined his objections to the project due
to his concerns that it undermined the Administrative Creek Policy and threatens wildlife habitat.
David Brannon, the architect on the project, responded to Mr. Ashley's arguments stressing that the
Administrative Creek Policy called for setback 20 feet from the creek bank, not from riparian
vegetation.
Dennis Johnston. 178 Brook, spoke in support of the appeal.
Mary Beth Schroeder. 2085 Wilding Lane, protested the proposed church structure.
Michael Hanson, 1203 Madonna Road, a wildlife biologist, said shifting the building one -way or
another would still have the same negative impact on wildlife.
Judith Ann Whitmire. 1537 La Cite Court, expressed her opposition to the project as proposed.
JKU Holland. 3188 Flora, supported the project in its present form.
wry Gay, 1992 Johnson Avenue, supported the project.
Jack Hinson, 2051 Fbdini, asked that the church be kept as far east of his property as possible and
was in favor of the project.
Tom Richards, a church member, expressed concern over the project as planned with regards to its
impact on fish and game.
Steve Nelson, 1580 L.iaie Street, explained that the lack of parking at the church's current location
was the prime factor motivating the move.
David Walsh, 597 Jeffrey, ecclesiastical head of the church, reiterated the church's parking concerns.
Phil Ashley spoke again about his concerns.
David Brannon, gave a brief response.
Mayor Pinard declared the public hearing closed.
Mayor Pinard called for recess at 11:05 p.m.
11:22 p.m., Council reconvened. Council Member Rappa absent.
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Tuesday, February 16, 1993 - 7:00 PM
After discussion, moved by Roalman /Settle to adopt Resolution No. 8125 denying the appeal with the
amended condition that spaces in the southern portion of the lower parking lot be reconfigured to
accomplish a 20 foot setback from the riparian vegetation; motion carried (3 -1 -1, Council Member
Romero voting no, Council Member Rappa absent). Romero stated that his vote was not against the
project but against the imposition of a requirement which did not reflect adopted City policy.
By general consensus, Council asked that the findings of V.1-Holland be incorporated as part of the
landscape mitigation. Council Members also agreed that the Administrative Creek Policy should be
explored at a later date.
4. PLANNED DEVELOPMENT REZONING - PD 192 -92 (File No. 463)
Council held a public hearing to consider a planned development rezoning and preliminary
development plan to allow office uses at two locations where the base zoning is Medium- high - density
Residential (R-3) and to redesign a parking lot which has both office (0) and Medium - high - density
Residential (R-3) zoning.
Arnold Jonas. Community Development Director, reviewed the staff report and read the Municipal
Code's definition of the Planned Development zone.
Mayor Pinard declared the public hearing open.
Rob Strong applicant's representative (Strong Planning Services), One Buena Vista, said that the
Medical Clinic was trying to remain a viable entity in the downtown and had acquired the bulk of this
block in support of their medical clinic and that the proposed offices would be used for administrative
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support offices which would not involved any customer traffic.
Stewart Jenkins, 1336 Morro Street, whose property is included in the rezoning, said his vision of the
zoning overlay would encourage one San Luis Obispoan to have a mixed use which frees him and
his family from dependence on the automobile and the plan encourages owner - occupied affordable
housing in an area where that is becoming less and less possible and urged approval.
Brian Christianson, 818 Pismo St., voiced his concerns about the loss of residential properties in the
downtown and that this rezoning is inconsistent with the Land Use & Housing Element policies
regarding protection of housing in the downtown area.
Matt Kokkonen, 215 Squire Canyon, member of the Grace Church, spoke in support of the proposed
rezoning and said he understood that it would not impact the parking arrangement between San Luis
Medical Clinic and Grace Church.
Mayor Pinard declared the public hearing closed.
Council discussed policy issues regarding the retention of existing housing stock in the downtown
as a primary goal of the City and that conversions are to be discouraged. Council also questioned
If the absence of available office space in the downtown created the need for this conversion and
whether or not the proposed project met any of the specifications for PD zoning.
Moved by Roalman / Pinard. Resolution No. 8126 adopted denying the application; (4 -0-1, Council
Member
Rappa absent). Council encouraged Mr. Jenkins to pursue the rezoning of his property on
its own merit.
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Tuesday, February 16, 1993 - 7:00 p.m.
1 BUSINESS ITEM
5. SNAP PROGRAM (File No. 732)
Council considered establishing a Student Neighborhood Assistance Program (SNAP) in conjunction
with Associated Students, Inc.
Jim Gardiner. Police Chief, explained what the program would accomplish and the timeframe for
Implementation.
Moved by Roalman /Settle. Resolution No. 8127 was adopted authorizing the SNAP Program and
authorizing the City Administrative Officer to sign the appropriate contracts with Associated Students,
Inc.; motion carried (44)-1, Council Member Rappa absent).
6. FIRE STATION /RECREATION BUILDING (File No. 727)
Council considered the purchase of a 2.4 acre parcel on the comer of Santa Barbara and Round
House to construct a new Headquarters Fire Station /Recreation Administration Building.
Bob Neumann. Fire Chief, said that as of that morning the property was still available and that it would
be an ideal site for the Headquarters Fire Station.
Moved by Settle/Roalman, staff was directed to enter into discussions with the Southern California
1 Gas Company regarding the potential acquisition of the site and return to Council for further direction
once additional cost and other information is known; motion carried (4 -0-1, Council Member Rappa
absent).
Due to the lateness of the hour, the scheduled Closed Session regarding property negotiations was
continued to a future meeting.
12:30 AM, there being no further business to come before the City Council, Mayor Pinavdadidlim.ed
the meeting the date certain Tuesday, February 23, 1993 at 11:15 AM.
APPROVED BY COUNCIL: 3/16/93
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MINUTES
STUDY SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, FEBRUARY 23,1993- 11:15 AM
COUNCIL CHAMBER - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Council Members
Present: Council Member Penny Rappa, Dave Romero, Allen K. Settle, Vice-
Mayor Bill Roalman, and Mayor Peg Pinard