HomeMy WebLinkAbout05/18/1993MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 18, 1993 - 6:30 P.M.
COUNCIL CHAMBER - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Council Members
Present: Council Members Dave Romero, Allen K. Settle, Vice -Mayor Bill
Roalman, and Mayor Peg Pinard
Absent: Council Member Penny Rappa
City Staff
Present: John Dunn, City Administrative Officer; Jeff Jorgensen, City Attorney
Council held a closed session to discuss existing litigation regarding Lambing vs. City of San Luis
Obispo, Tyson vs. City of San Luis Obispo, and Los Osos Valley Association vs. City of San Luis
Obispo; no action taken.
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 18, 1993 - 7:00 P.M.
COUNCIL CHAMBER - CITY HALL - 990 PALM STREET .
SAN LUIS OBISPO, CALIFORNIA
MOMENT OF INSPIRATION: The Stage Choir from San Luis High School sang several songs.
ROLL CALL
Council Members
Present: Council Members Dave Romero, Allen K. Settle, Vice -Mayor Bill
Roalman, and Mayor Peg Pinard
Absent: Council Member Penny Rappa
City Staff
Present: John Dunn, City Administrative Officer, Jeff Jorgensen, City Attorney;
Diane Gladwell, City Clerk; Ken Hampian, Assistant City Administrative
Officer; Arnold Jonas, Community Development Director, Ron
Whisenand, Development Review Manager; Bob Neumann, Fire Chief
PUBLIC COMMENT PERIOD
P.C.1. Henry Case asked for action on parking district modification; issue referred to the City
Administrative Officer. (general consent)
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Tuesday, May 18, 1993 - 7:00 P.M.
CONSENT AGENDA
Moved by Romero[Roalman to approve the Consent Calendar as recommended by the City
Administrative Officer with the exceptions of C-2, C4, C-8, and C-12 as noted; motion carried (4 -0-1,
Council Member Rappa absent).
C-1 COUNCIL MINUTES
Council considered approval of the minutes of Tuesday, April 6, 1993 at 7:00 P.M.
Moved by Romero/Roalman to waive oral reading and approve; motion carried (4.0 -1, Council Member
Rappa absent).
C-2 TRANSIENT OCCUPANCY TAX INCREASE (File No. 296)
Council considered giving final passage to an ordinance increasing the Transient Occupancy Tax from
9% to 10% effective October 1, 1993 (continued from 4/27/93).
Moved by Romero/Roalman to give final passage to Ordinance No. 1232 increasing the Transient
Occupancy Tax as recommended; motion carried (2 -2 -1, Council Member Settle and Mayor Pinard
voting no, Council Member Rappa absent).
Moved by Settle /Romero to continue this item to March 25, 1993 at 7:00 P.M.; motion carried (4 -0-1,
Council Member Rappa absent).
C-3 PARKING METER RATE INCREASE (File No. 551)
Council considered giving final passage to an ordinance changing parking meter rates to 40 and 60
cents per hour effective July 1, 1994, and 50 and 70 cents per hour effective January 1, 1998
(continued from 5/4/93).
Moved by Romero /Roalman to give final passage to Ordinance No. 1233; motion carried (4 -0-1,
Council Member Rappa absent).
C-4 LATE FEE ON DELINQUENT ACCOUNTS (File No. 202)
Council considered giving final passage to an ordinance providing for penalties on delinquent
business and transient occupancy taxes (continued from 5/4/93).
Moved by Romero /Roalman to give final passage to Ordinance No. 1234; motion carried (3 -1 -1,
Council Member Settle voting no, Council Member Rappa absent).
C-5 PUBLIC WORKS STANDARD SPECIFICATIONS
Council considered standard specifications for the construction of public works projects.
Moved by Romero/Roalman to adopt Resolution No. 8168 approving standard specifications; motion
carried (4 -0-1, Council Member Rappe absent).
C-6 SPRINKLER RETROFIT COMPENSATION (File No. 707)
Council considered sprinkler retrofit compensation for property owners in the "Downtown Core".
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Tuesday, May 18, 1993 - 7:00 P.M.
Moved by RomerojRoalman to adopt Resolution No. 8169 authorizing compensation of property
owners for underground waterline connections required for sprinkler- retrofit and direct staff to develop
a program for fund disbursement for actual costs up to $150 per linear foot for required waterlines;
motion carried (4 -0-1, Council Member Rappa absent).
C-7 WATER FACILITY LABORATORY ANALYSIS (File No. 93-13)
Council considered specifications for Water Reclamation Facility Laboratory Analyses, authorizing the
solicitation of bids and award of contract by the CAD to the lowest responsible bid within cost
estimate.
Moved by Rom oalman to approve specifications, authorize advertising, and authorize CAO to
award contract; motion carried (4 -0-1, Council Member Rapps absent).
C-8 GRAND AVENUE MEDIAN PROJECT (File No. 93 -14A)
Council considered plans and specifications for °Median Construction, Striping and Street Resurfacing
Project: Grand Avenue°; engineer's estimate $454,000 with approximately $59,300 in funding from
State (S13 300) funds.
Moved by Romero /Roalman to approve project, authorize staff to advertise for bids, and CAO to award
a contract; motion carried (3 -1 -1, Council Member Settle voting no, Council Member Rappa absent).
C-9 SCHEDULE FOR REVIEW AND ADOPTION OF 1993 -95 FINANCIAL PLAN (Fie No. 233)
Council considered the timeline for review and adoption of the 1993 -94 Budget and 1993 -95 Financial
Plan.
Moved by Romero jRoalman to receive and approve schedule; motion carried (4 -0-1, Council Member
Rappa absent).
C-10 INTER- AGENCY NARCOTIC TASK FORCE (File No. 735)
Council considered approving an inter - agency agreement with the County for participation of San Luis
Obispo Police Department in the San Luis Obispo County Narcotic Task Force.
Moved by Romero /Roalman to adopt Resolution No. 8170 approving Agreement No. A- 41 -93-CC with
the County; motion carried (4 -0-1, Council Member Rappa absent).
C-11 REIMBURSEMENT AGREEMENT- SO. CALIFORNIA GAS CO. (File No. 144)
Council considered a reimbursement agreement with the Southern California Gas Company for future
direct connection to the Industrial Way watermain.
Moved by Romero/Roalman to approve Agreement No. A- 40 -93-CC with the Southern California Gas
Company; motion carried (4 -0-1, Council Member Rappa absent).
C-12 SOUTHERN CALIFORNIA GAS COMPANY SITE ASSESSMENT (Fite No. 93-11) '
Council considered awarding a contract for the execution of Phase 1 and Phase 11 Environmental Site
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Tuesday, May 18, 1993 - 7:00 P.M.
Assessment for the Southern California Gas Company Property.
Moved by Romero /Roalman to continue this Item to Tuesday, June 1, 1993; motion carried (4 -0-1,
Council Member Rappa absent).
C-13 APPOINTMENT - TREE COMMITTEE (File No. 123)
Council considered an appointment to the Tree Committee to an unexpired term ending March 31,
1997.
Moved by Romero /Roalman to appoint Eve Vigil to the Tree Committee as recommended; motion
carried (4 -0-1, Council Member Rapps absent).
COUNCIL LIAISON REPORTS
C.L.R.1. Council Member Romero reported on the California Men's Colony population change;
Council requested a written summary.
PUBLIC HEARINGS
1. ARC APPEAL - PROPOSED CHURCH AT 2070 FIXLINI (File No. 418)
Council held a public hearing to consider appeals by Mary Beth Schroeder and Jack and Carol Hinson
of the Architectural Review Commission's schematic approval of a new church on a 4.5 acre site on
1 the east side of Johnson Avenue north of General Hospital (2070 Fixiini); Church of Jesus Christ of
the Latter -Day Saints, applicant.
Arnold Jonas, Community Development Director, briefly reviewed the report.
Mayor Pinard declared the public hearing open.
Mary Beth Schroeder objected to the project based upon invasion of privacy and health reasons. She
requested the street be rerouted through County property, a 7 -foot solid masonry fence be
constructed, and the lights be turned off at 10:30 P.M.
Carol Hinson, 2051 RAW, requested a cul-de -sac at the eastern end of Fixiini, the trash containers
be moved to Johnson, and a fire hydrant not be located at the end of Fixiini, which would restrict
parking in front of her home.
Jack Hinson, 2051 Fixiini, requested that the church negotiate with the County for an alternate
driveway.
Dave Brannon, project architect, stated that the project was designed to ensure everyone had input
and had incorporated five major interest groups into the process; they had adequately considered and
provided for the concerns of the Schroeders and the Hinsons. It would be impossible to move the
driveway without violating other elements and because the issue of General Hospital was still influx.
Landscaping would adequately shield the neighbors, and moving the trash to Johnson would result
in more noise.
1 Steve Nelson. 1580 Lime St., stated the project would enhance the Hinson's property and the
Schroeder's property was in the left comer of the lot; he would hate to see a block wall.
City Council Meeting Page 5
Tuesday, May 18, 1993 - 7:00 P.M.
David Walsh, 1597 Jeffrey Dr., assured the City, the Hinsons and the Schroeders that they are
sensitive, good neighbors and would accommodate their needs.
Mary Beth Schroeder stated she had a pie shaped property not located on Fixlini and never agreed
to the project.
Mayor Pinard declared the public hearing closed.
Council discussed issues pertaining to all objections raised.
Moved by Romero /Roalman to adopt Resolution No. 8171 denying the appeals as amended to include
a provision for a 6' high block wall located along the entire frontage (northerly property boundary),
and discretionary movement of the fire hydrant within the easement (4 -0-1, Council Member Rappa
absent).
2. REZONING & SUBDIVISION - LAUREL LANE (File No. 463)
Council held a public hearing to consider subdivision and planned development rezoning to create
46 residential lots, private streets and recreation area, on a 7-acre parcel on the southwest comer of
Laurel Lane and Southwood Drive (1190 Laurel Lane - PD B-93 & TR 13 -93); Stan and Elizabeth Bell,
applicants. . .
Moved by Settle /Romero to continue this item to Tuesday, May 25, 1993; motion carried (4 -0-1,
Council Member Rappa absent).
8:29 P.M. Mayor Pinard declared a recess.
8:38 P.M. City Council reconvened; Council Members Rappa and Romero absent.
3. ZONING AMENDMENT - SANTA BARBARA STREET (File No. 463)
Council held a public hearing to consider an amendment of the general plan Lane Use Element and
zoning maps to allow for the siting of a new fire station at the corner of Broad and Santa Barbara
Streets; City of San Luis Obispo Fire Department, applicant.
Arnold Jonas. Community Development Director, reviewed the report.
8:40 P.M. Council Member Romero returned to the dias.
Mayor Pinard declared the public hearing open.
Carol Pruitt. 1026 Grand Avenue, Arroyo Grande, stated he was representing Mid State Bank who
owns the surrounding property and expressed concerns about egress, traffic impacts to surrounding
property, the status of the South Street northern extension, and felt the rezoning was premature.
John Dunn, City Administrative Officer, stated that Public Works was analyzing traffic
recommendations.
Jeff Jorgensen, City Attorney, stated that the preliminary studies showed that traffic impacts would
be reduced by the rezoning, and the recommendations for street improvements would change
depending upon the outcome of the final project proposal.
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Tuesday, May 189 1993 - 7:00 P.M.
Council discussed a letter from the Church of Christ objecting to noise and access issues relating to
the project.
Bob Neumann. Fire Chief, stated that the existing fire station is within one block of three churches
and that they would mitigate imparts via traffic studies.
Bob Bowers. Minister for the Church of Christ, questioned the decision to move the fire station.
Mayor Pinard declared the public hearing closed.
Council discussed desirability of this site to achieve a reduction In response times, need for
emergency preparedness, and reduction of the need for the laurel Lane station.
Moved by Settle/Romero to approve mitigated negative declaration of environmental impact; to adopt
Resolution No. 8172 amending the general plan Lane Use Element map to change the designation of
a 2.4 acre site at 2160 Santa Barbara Street from Service - Commercial /light Industrial to
Public /Semipublic; and introduce to print Ordinance No. 1236 rezoning the subject site from Service -
Commercial (C-S) to Public Facility (PF); motion carried (4 -0-1, Council Member Rappa absent).
4. PREVAILING WAGE (File No. 176)
Council held a public hearing to consider eliminating the prevailing wage requirement for public works
construction projects (continued from 4/20/93).
' John Dunn, City Administrative Officer, requested Council postpone discussion of the issue.
Moved by Settle /Roalman to table this Item; motion carried (4 -0-1, Council Member Rappa absent).
BUSINESS ITEMS
5. ADVERTISING SERVICES RFP (File No. 93-12)
Council considered an advertising contract Request for Proposals (RFP).
Jack Getz, Chair of the Promotional Coordinating Committee (PCC), stated that they needed to go
forward to provide continuous advertising campaign.
Jesse Norris. Chair of the Advertising Subcommittee of the PCC, reviewed various programs provided
by the proposal, stated that the forthcoming $50,000 would be used for new projects, and
recommended approval.
Anne Dinshaw, San Luis Obispo, recommended the incorporation of new strategies and targeted
marketing efforts; stated that the RFP was very general and did not provide adequate direction to
responding agencies.
Kathy Smith, member of the PCC, cautioned against taking away creativity from the advertising
agencies.
Council discussed various suggestions with the speakers represented.
City Council Meeting Page 7
Tuesday, May 18, 1993 - 7:00 P.M.
Moved by Roalman /Settle to approve RFP as amended to identify the following concerns: 1) promote
off - season tourism; 2) promote low- demand nights, and 3) promote creative calendar of events
throughout the year, motion carried (4 -0-1, Council Member Rappa absent).
6. ROSEMONT PROJECT (File No. 463)
Council considered a request to enable three houses at the northwest end of Highland Drive, the
Rosemont Project on the east slope of Bishop Peak, and an offer to grant the City ownership of about
140 acres of open space, with addition of the planned development zone and approval of a preliminary
development plan (PD 89 -92); John Rosetti, applicant.
Arnold Jonas. Community Development Director, briefly reviewed the report.
Council questioned seismic liability issues.
Jeff Jorgensen, City Attorney, stated that liability was not the driving force but suggested adding
language that stated: 'Prior to the land division or issuance of a grading or building permit, applicant
shall submit for City Attorney approval a recordable covenant, running with the land and binding with
the applicant and applicant's successors, heirs and assigns, indemnifying the City of San Luis Obispo
from any and all liability for earth movement or any other geologic hazard arising out of development
of this site.°
Council made suggestions to altering Condition #8A to include fences and other structures.
Council Member Roalman suggested the addition of Condition #21 as: '145 acres of open space shall
be preserved in a natural condition, protecting wildlife habitats for future and present citizens of San
Luis Obispo.'
Victor Montgomery. 3620 Higuera St., representing John Rosetti, requested that Condition #19 be
altered to allow swimming or lap pools.
Council discussed geological and liability issues and suggested an alteration in Condition #7 that
outdoor lighting shall not be visible from beyond the boundaries of the three lots.
Council discussed the location of the tank.
Moved by RoalmanjRomero to introduce to print Ordinance No. 1237 as amended: #7- lighting not
visible beyond boundaries of the 3 lots, #SA- including fences and other structures, #16A-
indemnification clause from City Attorney, and #21-open space language from Vice Mayor Roalman;
motion carried (3 -1 -1, Council Member Settle voting no and Council Member Rappa absent).
7. CAL POLY FIRE SERVICES (File No. 701)
Council considered contract emergency response serviceswith California Polytechnic State University.
Bob Neumann. Fire Chief, stated that they would not respond to medical calls, just structure fires and
that mutual aid agreements would ultimately result in those same services. He clarified that the City
was not responsible for the design of emergency systems on the campus.
Council discussed concerns about response in peak periods, the cost of the service, and response
times to the campus.
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City Council Meeting Page e
Tuesday, May 16, 1993 - 7:00 P.M.
1
David Allen Evans, student at Cal Poly, opposed the proposal based upon response times, stating that
he was discouraging Cal Poly from closing their fire station.
Frank Liebans, Vice President of Administration for Cal Poly, stated that other campuses contract fire
services and stated after study, Cal Poly supports the proposal. He indicated that the first responder
would be the Public Safety personnel from Cal Poly.
Joe Risser, Director of Public Safety Services for Cal Poly, stated that they felt that they would have
higher level of services provided more economically from the City.
Ray Holstettler, Cal Poly Fwe Services, opposed the proposal based upon Cal Poly's high incident
rates.
Council discussed issues relating to ambulance services, response times of the County vs. the City
(the County fire services are located 19 minutes from the university), and concerns about financial
impacts, liability, disaster response, and below standard fire suppression issues on the campus.
Council asked for a commitment from Cal Poly to keep access ways unblocked.
Moved by Roalman R mero to authorize staff to negotiate within parameters of the report and input
by Council (3.1 -1, Council Member Settle voting no, Council Member Rappa absent).
COMMUNICATIONS
COMMA. Council Member Romero requested that Council direct staff to explore providing water
services to proposed annexation on Tank Farm and Higuera; no consensus reached.
11:15 P.M. there being no further business to come before the City Council, Mayor Pinard adjourned
the meeting to Tuesday, May 25, 1993 at 7:00 P.M.
APPROVED BY COUNCIL: 7/6/93
Di a R. G adwell y Wlerk
DRG:cm
MINUTES
STUDY SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, MAY 25, 1993 - 7:00 P.M.
COUNCIL CHAMBER - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Council Members
Present: Council Members, Dave Romero, Allen K. Settle, Vice-
Mayor Bill Roalman, and Mayor Peg Pinard
Absent: Council Member Rappa