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HomeMy WebLinkAbout01/04/1994MINUTES REGULAR MEETING OF THE CITY COUNCIL ' CITY OF SAN LUIS OBISPO TUESDAY, JANUARY 4, 1994 - 7:00 PM CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Member Penny Rappa, Dave Romero, Vice -Mayor Allen K. Settle and Mayor Peg Pinard Absent: Council Member Bill Roalman City Staff Present: John Dunn, City Administrative Officer, Diane Gladwell, City Clerk; Jeff Jorgensen, City Attorney; Ken Hampian, Assistant City Administrative Officer, Arnold Jonas, Community Development Director, Bill Statler, Finance Director, Bob Neumann, Fire Chief; Wayne Peterson, City Engineer PUBLIC COMMENT PERIOD P.C.I. Council presented a Certificate of Appreciation to Mr. and Mrs. Einer Anholm for donating ' property for the Anholm Park P.C.2. Council presented a proclamation to Alexa Slem and Greg Macedo expressing appreciation for play equipment donated and installed at Anholm Park P.C.3. Maureen Forgena. 2250 King St. #6, spoke in opposition to the demolition of Emerson School Buildings, stating that many non-profit organizations would like to use them. P.C.4. Betty Nielsen. 200 Ranchito Lane, spoke in opposition to the demolition of Emerson School Buildings. P.C.5. Dennis Johnston. 178 Brook St., spoke about increased crime and other problems relating to the homeless in the creek area at South Street, suggesting that Cal Poly perform a survey, the non- native bamboo be removed, and a bridge be placed so that police could access the area. CONSENT AGENDA Moved by Settle/Romero to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried (44).1, Council Member Roalman absent). C-1 COUNCIL MINUTES Council considered the minutes of: Tuesday, October 27, 1993 at 7:00 PM; and Tuesday, November 2, 1993 at 7:00 PM City Council Meeting Page 2 Tuesday, January 4, 1994 - 7:00 PM Moved by Settle /Romero to waive oral reading and approve the minutes; motion carried (4 -0-1, Council Member Roalman absent). C-2 STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (File No. 541) Council considered Program Supplement No. 004 to the State -Local Transportation Partnership Program (Agreement No. SLTPP -5016) to provide a reimbursement to the City of $115,614.00. Moved by Settle/Romero to adopt Resolution No. 8254 authorizing the City Administrative Officer to execute Program Supplement 004; motion carried (44-1, Council Member Roalman absent). C-3 ACCEPTANCE OF PUBLIC IMPROVEMENT - TRACT 1360 (UNIT 2) (File No. 410) Council considered accepting public Improvements for Tract No. 1360 (Unit 2), a 44-lot residential subdivision at 4375 Poinsettia Street in accordance with the subdivision agreement; French Brothers Development Co., subdivider. Moved by Settle /Romero to adopt Resolution No. 8255 accepting public improvements for Tract No. 1360; motion carried (4-0-1, Council Member Roalman absent). C-4 NOTICE OF INTENTION - STREET ABANDONMENT (File No. 535) Council considered a Planning Commission recommendation to abandon Clay Street right- of-way between Dana Street and Brizzolara Street and setting the hearing date for February 1, 1994; Leo Evans, applicant. Moved by Settle /Romero to adopt Resolution No. 8256 for Clay Street abandonment; motion carried (4 -0-1, Council Member Roalman absent). A -1 CITIZENS' TRANSPORTATION ADVISORY COMMITTEE (File No. 123) Council considered an appointment to the Citizens' Transportation Advisory Committee (CTAC) for a term to begin immediately and end March 31, 1996. Vice -Mayor Settle recommended Pat Veesart for appointment. Moved by Settle /Raooa to appoint Pat Veesart to the CTAC; motion carried (4 -0-1, Council Member Roalman absent). A -2 MASS TRANSPORTATION COMMITTEE (File No. 123) Council considered an appointment to the Mass Transportation Committee (MTC) to fill an unexpired tern to end March 31, 1996. Vice -Mayor Softie recommended that Council appoint Mike Spangler and thank Russell Lambert for his service. Moved by Settle /Rappa to appoint Mike Spangler to the MTC and thank Russell Lambert for his service to the MTC; motion carried (4 -0-1, Council Member Roalman absent). City Council Meeting Page 3 Tuesday, January 4, 1994 - 7:00 PM A-3 ARCHITECTURAL REVIEW COMMISSION (File No. 123) Council considered an appointment to the Architectural Review Commission (ARC) to fill an unexpired term scheduled to end on March 31, 1996. Council Member Romero recommended Peggy Mandeville for appointment. The Council discussed perceived conflicts because Peggy's husband was employed in the Advanced Planning Division of the Community Development Department. Arnold Jonas. Community Development Director, stated that he supported the appointment because the two functions were separated within the department and he did not foresee conflicts. Moved by Romero /Settle to appoint Peggy Mandeville to the ARC; motion carried (4 -0-1, Council Member Roalman absent). A-4 BICYCLE ADVISORY COMMITTEE (File No. 123) Council considered appointments to the newly established permanent Bicycle Advisory Committee (SAC). Council Member Raooa summarized the recruitment and recommendation of appointments. Moved by RORa /Settle to appoint Craig Anderson to a one -year tern expiring 3/31/95, Wayne ' Williams and Bruce Collier to two-year terms expiring 3/31/96, Ed Jester and Rod Hiltbrand to three - year terns expiring 3/31/97, and Wes Conner and Cynthia Bosche to four -year terns expiring 3/31/98; motion carried (4 -0-1, Council Member Roalman absent). PUBLIC HEARINGS 1. NONCONFORMING LOT MERGER AMENDMENT (File No. 463) Council held a public hearing to consider a request to amend the text of the zoning regulations to provide an exception process for the merger requirement for nonconforming lots. Arnold Jonas, Community Development Director, reviewed the recommendation for an Administrative Use Permit procedure in cases where the neighborhood was not negatively impacted. Mayor Pinard declared the public hearing open. No one spoke for or against the item. Mayor Pinard declared the public hearing closed. Council discussed ways to promote the preservation of historic structures rather than make It an exception. Moved by Settle /Romero to introduce to print Ordinance No. 1251 approving the text amendment to Section 17.12.020 of the Municipal Code; motion carried (4 -0-1, Council Member Roalman absent). City Council Meeting Page 4 Tuesday, January 4, 1994 - 7:00 PM 2. TAXICAB APPLICATION - CENTRAL COAST TAXI TRUST (File No. 546) Council held a public hearing to consider issuance of a Certificate of Public Convenience and Necessity to Central Coast Taxi Trust (CCT Trust) of Santa Maria (formerly Yellow Cab of Five Cities). Wayne Peterson, City Engineer, reviewed the application to continue the current operation with an ownership transfer. Mayor Pinard declared the public hearing open. Lee Fonseca manager of Yellow Cab of San Luis Obispo, 390 Buckley Road, stated that there was not enough business to sustain two taxi companies; having two cab companies with the same color violated the Municipal Code and Central Coast Taxi Trust was not operating 24 hours a day as required. Lane Hill, tnistee of Central Coast Taxi, 2706 Ocotillo, Santa Maria, stated that the cab company did have distinctive markings and that it took one year to be heard for his application. Mayor Pinard declared the public hearing closed. Jeff Jorgensen. City Attorney, stated that the original permit had been issued in error, but the Transit Manager had been satisfied that the markings were distinct. After discussion, moved by Settle /Romero to adopt Resolution No. 8257 to issue Certificate of Convenience to CCT Trust and authorize to the City Clerk to issue taxicab permits when appropriate; motion carried (4 -0-1, Council Member Roalman absent). 3. APPEAL PROCEDURE AMENDMENT RA 16493) (File No. 410) Council held a public hearing to consider amending the appeal processing time limits to allow an additional 15 days to schedule appeal hearings before the City Council. Arnold Jonas. Community Development Director, reviewed the request to increase appeal time limits. Mayor Pinard declared the public hearing open. No one spoke for or against the item. Mayor Pinard declared the public hearing closed. Moved by Romero /Raaaa to introduce to print Ordinance No. 1252 amending Section 1.20.040 of the Municipal Code to allow 45 days to set an appeal for a public hearing. BUSINESS ITEMS 4. BANNER POLICY (Fite No. 805) Council considered a banner policy amendments. Wayne Peterson, City Engineer, reviewed the proposed three banner locations and policies recommended for each. City Council Meeting Page 5 Tuesday, January 4, 1994 - 7:00 PM Jeff Jorgensen, City Attorney, stated that the Council had no obligation to provide for any banners, but because they were a quasi - public forum it was difficult to constrain banner content, but it was reasonable to limit content to activities in close proximity. Council discussed eliminating banners from Mission Plaza and the appropriateness of opening banners to all community events. Julia Pierce. 1827 Broad and a member of the La Fiesta Board of Directors, stated the banners were important to non - profits to advertise the events, suggested another location over Marsh near the freeway, and stated that hanging flags from light poles was desirable, but cost - prohibitive. Moved by Pinard /Settle to not allow banners in the Mission Plana; motion carried (4 -0-1, Council Member Roalman absent). Moved by Raoaa /Settle to direct staff to evaluate alternative locations with the elimination of Mission Plaza and evaluate appropriate criteria to open for all community events; motion carried (4 -0-1, Council Member Roalman absent). S. REMOTE ACCESS TO COMPUTER SYSTEMS (File No. 334) Council considered a policy regarding remote access to the CltWs computer systems. Bill Statler. Finance Director, reviewed the current policy, allowing access to Council Members that owned a personal IBM computer. Council discussed various productivity gains if all Council Members were allowed access to computers and E -mail. Moved by Raaoa /Settle to direct staff to provide computers to those that need PC's for home access; motion carried (4 -0-1, Council Member Roalman absent). COMMUNICATIONS COMMA. Council Member Romero requested a Study Session to discuss inconsistencies in annexation policies; staff directed to formalize discussion and return with the staff recommendation (consensus). 8:55 PM Mayor Pinard declared a recess to dosed session regarding existing litigation (cove vs. City of San Luis Obispo) and real property negotiations (Mitzubishi). 9:06 PM Council reconvened to open session to report no action taken. 9:07 PM there being no further business to come before the City Council, Mayor Pinard adjourned the meeting to Tuesday, January 11, 1994 at 7:00 PM in the Council Chamber. APPROVED BY COUNCIL 2/1/94 1 ane R. ladw , City Jerk DRG:cm