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HomeMy WebLinkAbout02/01/1994MINUTES REGULAR MEETING OF THE CITY COUNCIL 1 CITY OF SAN LUIS OBISPO TUESDAY, FEBRUARY 1, 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, Bill Roalman, Vice -Mayor Allen K. Settle and Mayor Peg Pinard Absent: None City Staff Present: John Dunn, City Administrative Officer; Diane Gladwell, City Clerk; Jeff Jorgensen, City Attorney; Ken Hampian, Assistant City Administrative Officer, Mike McCluskey, Public Works Director, Arnold Jonas, Community Development Director; Bill Statler, Finance Director, Bob Neumann, Fire Chief; Ann Slate, Personnel Director, Jim Gardiner, Police Chief; Paul LeSage, Recreation Director PUBLIC COMMENT PERIOD P.C.1. The King and Queen of Mardi Gras invited the community to the event on 2/12/94. P.C.?- Dick Cleaves. President of the Business Improvement Association (BIA), updated Council on activities conducted by the BIA during the past year. P.C.3. Lynn Block. Administrator of the BIA, reviewed the assessment done for the BIA by the National Main Street Center. P.C.4. Ed Shaw 4469 Sunflower, protested the purchase of three homes in the Clover Creek development by Regency Health Services. P.C.S. Donna Lewis. 4473 Poinsettia St., protested the placement of several disabled care facilities In the Clover Creek area. P.C.& John Grady. 4490 Poinsettia St., also protested the placement of several disabled care facilities In the Clover Creek area. Jeff Jorgensen. City Attorney, stated that State and Federal laws pre - empted any local jurisdiction action relating to residential care facilities. CONSENT AGENDA Moved by Settle /Romero to approve the Consent Agenda as recommended by the City Administrative Officer with the exception of C-2 and C -5 as noted; motion carried (5-0). City Council Meeting Tuesday, February 1, 1994 - 7:00 P.M. C-1 COUNCIL MINUTES Council considered the minutes of: Thursday, December 16, 1993 at 7:00 PM; Tuesday, January 4, 1994 at 7:00 PM; and Tuesday, January 11, 1994 at 7:00 PM Page 2 Moved by Settle /Romero to waive oral reading and approve minutes; motion carried (5-0). C-2 PERFORMING ARTS CENTER FINANCING (File No. 854) Council considered retaining the City's option to debt finance the Performing Arts Center at a later date if a future fiscal analysis determines debt financing to be the best source of funding for the City. Council discussed the proposed withdrawal of Cal Poly funding for transit systems and the relationship between the City and the University. Moved by Settle/Romero to adopt Resolution No. 8265 declaring the City's intention to reimburse expenditures relating to the Performing Arts Center Project from the proceeds of tax- exempt obligations of the City; motion carried (5-0). Moved by Roalman /Settle to direct staff to bring back the Cal Poly bus transportation funding issue as soon as possible; motion carried (5-0). C-3 SIGN ILLUMINATION (File No. 424) Council considered giving final passage to an ordinance amending Municipal Code regarding the use of illuminated signs in the Ir zoning districts (continued from 1/18/94). Moved by Settle /Romero to give final passage to Ordinance No. 1253; motion carried (5-0). C-4 WATER STORAGE TANK PROJECT (File No. 93-57) Council considered specifications for °Water Storage Tank Repair. Serrano, Ferrini, Slack; Specification No. 93-ST estimated to cost $100,000 including 10% contingencies. Moved by Settle /Romero to approve bid solicitation and CAO to award of contract within the budget; motion carried (5-0). C-5 COST ALLOCATION PLAN (File No. 234) Council considered the cost allocation plan for 1993 -94. It was clarified that enterprise funds and capital outlay accounts were in compliance with generally accepted accounting Principals. Moved by RapoafSettle to approve the cost allocation plan; motion carried (5-0). 1 1 1 C City Council Meeting e . , Page 3 Tuesday, February 1, 1994 - 7:00 P.M. C-6 RISK MANAGEMENT ANNUAL REPORT (File No. 182) Council considered the Risk Management Annual Report for 1992 -93. Moved by Settle /Romero to receive and file the Risk Management Annual Report; motion carried (5-0). C-7 TRACT 1750 - EXTENSION OF AGREEMENT (File No. 410) Council considered an amendment to the subdivision agreement for Tract No. 1750 (Units 1 & 2), extending the time to submit surety to guarantee the subdivision improvements; Rob Rossi, subdivider. Moved by Settle/Romero to adopt Resolution No. 8266 amending the subdivision agreement to allow for an additional 90 days to submit the surety guaranteeing the subdivision improvements for Tract No. 1750 (Units 1 & 2); motion carried (5-0). COUNCIL LIAISON REPORTS C.LR.1. Council Member Romero stated that a volunteer effort by California Men's Colony (CIVIC) and others was underway to install crossing gates at a train crossing on private property near California Boulevard. PUBLIC HEARINGS 1. CLAY STREET ABANDONMENT (File No. 535) Council held a public hearing to consider the abandonment of the Clay Street right -of -way between Dana Street and Briaolara Street; Leo Evans, applicant (continued from 1/4/94). Mike McCluskey. Director of Public Works, reviewed the abandonment proposal. Mayor Pinard opened the public hearing. No one spoke for or against the abandonment. Mayor Pinard closed the public hearing. Council discussed creek setbacks and ownership issues. Moved by Romero/Settle to adopt Resolution No. 8267 abandoning Clay Street, between Highway 101 and Stenner Creek, subject to reservation of drainage, open space and public utility easements; motion carried (5-0). 2. TRANSPORTATION DEVELOPMENT IMPACT FEES (File No. 438) Council held a public hearing to consider establishing transportation development impact fees to become effective May 2, 1994. Moved by Rapaa /Romero to continue this item to Tuesday, March 8, 1994; motion carried (5-0). City Council Meeting Page 4 Tuesday, February 1, 1994 - 7:00 P.M. 3. LOT UNE ADJUSTMENT - GRAND AVENUE (File No. 532) Council held a public hearing to consider a lot line adjustment (LLA 170 -93) to divide two parcels, each 40' X 150", into two parcels, each 75' X 80' with exceptions to lot depth and size, on the southwest comer of Fredericks Street and Grand Avenue (411 Grand Avenue); Marian L Bailey, applicant. Arnold Jonas Community Development Director, reviewed the lot line proposal. Mayor Pinard opened the public hearing. Patrick Bailey, 411 Grand Ave, P.O. Box 420118, Miranda, California, reviewed the history of the property. Mayor Pinard closed the public hearing. Moved by Romero/Ranp_a to adopt Resolution No. 8268 approving the lot line adjustment with the findings indicated in the resolution; motion carried (5-0). 8:30 P.M. Mayor Pinard declared a recess. 8:45 P.M. Council reconvened; all Council Members present. 4. PUBUC SAFETY FEES (File No. 109) 1 Council held a public hearing to consider updating public safety fees such as fingerprinting, police reports, occupancy permits, and plan checking to be effective March 1, 1994. Bill Statler. Finance Director, stated the fees had not been updated since 1983. Bob Neumann. Fire Chief explained the proposed fees. Mayor Pinard declared the public hearing open. Per C. Mathiesen, Route 1, Box 226, spoke in opposition to the fees. Mayor Pinard declared the public hearing closed. Council discussed various fees. Moved by RaomafRomero to adopt Resolution No. 8269 with amended Exhibit 2 showing fingerprint cards at $5.00 each; motion carved (4-1, Vice -Mayor Settle voting no). Moved by Raoaa /Pinard to direct City Administrative Officer to follow existing Special Event policies in place until Council deals with Special Event fees; motion carried (5-0). Moved by Romero /Raaoa to utilize previous code wording (page 4-18) for Fire Department false alarm fees; motion carried (5-0). r 1 1 1 City Council Meeting Page 5 Tuesday, February 1, 1994 - 7:00 P.M. S. CAMPAIGN ELECTION REGULATIONS (File No. 323) A. Council held a public hearing to consider amendments to the City's Campaign Election Regulations ordinance including raising the contribution limit from $100 to $120 as recommended by the Campaign Regulations Committee. Chair GlennaDeane Do vev reviewed the deliberations and recommendations of the committee. Mayor Pinard opened the public hearing. Pat Veesart. 976 Buchon, spoke in opposition to increasing the contribution and disclosure threshold limits. Carla Sanders. 660 Oakridge, also spoke in opposition to increasing the limits. Richard Schmidt, San Luis Obispo, spoke in opposition to increasing the limits. Mayor Pinard closed the public hearing. Moved by Roalman /Settle to introduce to print Ordinance No. 1254 as amended to show $100.00 contribution Omit and $25.00 disclosure threshold; motion carried (5-0). B. Council held a public hearing to consider a Municipal Lobbying ordinance. Chair GlennaDeane Dove v reviewed the discussion of the committee. Mayor Pinard opened the public hearing. Pat Veesart. 976 Buchon, endorsed the concept. Carla Sanders. 660 Oakridge, reviewed other municipal lobbying ordinances and supported the pursuit of them. Janet Kourakis, San Luis Obispo, requested Council to consider this type of ordinance. Soro Rizzo owner of Cafe Roma, stated that the proposal could result in a bureaucratic nightmare. Harold Halocynan, 1025 1/2 Ella St., stated money in campaigns allowed wide dispersal of information. Mayor Pinard dosed the public hearing. Moved by Roalman /Settle to ask the Campaign Regulations Committee to continue to review and make recommendations regarding a municipal lobbying ordinance; if members do not wish to continue, Council Members are to submit names to the Mayor for appointment recommendations; motion carried (3-2, Council Members Rappa and Romero voting no). City Council Meeting Page 6 Tuesday, February 1, 1994 - 7:00 P.M. BUSINESS ITEMS S. NATIONAL MAIN STREET CENTER ASSESSMENT (File No. 472) Council considered the findings of an assessment recently completed by the National Main Street Center of the Business Improvement Association (BIA) and its programs. Dick Cleeves, BIA President and Lynn Block, BIA Administrator, reviewed the findings of the report. 7. HIGH VOLTAGE WIRE UNDERGROUNDING (File No. 411) Council considered a request to waive undergrounding of high voltage wires along Tank Farm Road for Minor Subdivision No. 91 -152; R. Howard Strasbaugh, subdivider. Moved by RaRpa /Settle to continue this item to Tuesday, March 1, 1994; motion carried (5-0). 8. SOLID WASTE RATE AND FRANCHISE ANALYSIS (File No. 521) Council considered agreements related to solid waste rate and franchise analysis services (continued from 1/25/94). Council Member Rappa stated she had reviewed all records and listened to the Council tape of the previous meeting. John Moss, Utilities Director, and Sue Baasch, Administrative Analyst, reviewed their recommendation. 1 After discussion, moved by Raooa /Romero to 1) approve an agreement with Ernst and Young not to exceed $49,978 for solid waste rate and franchise consultant services; 2) approve appropriation of $50,000 from the General Fund to pay for services; and 3) approve Agreement No. A- 01 -94-CC with San Luis Garbage Company to reimburse the General Fund for the full cost of these services over a two-year period; motion carried (3-2, Vice Mayor Settle and Mayor Pinard voting no). COMMUNICATIONS COMMA. Diane Gladwell. City Clerk reviewed closed sessions scheduled for Monday, February 7, 1994 at 11:00 AM in the Council Hearing Room and Wednesday, February 16, 1994 at 11:00 AM in the Personnel Conference Room. COMM.2. Council Member Romero updated Council on Cal Trans' proposal to move their maintenance office outside the City's Urban Reserve Line. COMM.3. Council indicated their desire to designate Council Member Romero as liaison to Centennial Train Committee and Arnold Jonas as alternate (consensus). 10:45 P.M. there being no further business to come before the City Council, Mayor Pinard adjourned the meeting to closed session on Monday, February 7, 1994 at 11:00 AM. APPROVED BY COUNCIL 3/15/94 ! Dine R. ladweSl City Clerk DRG:cm