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HomeMy WebLinkAbout07/19/1994MINUTES CLOSED SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 19, 1994 - 6:00 PM CITY HALL - COUNCIL HEARING ROOM - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Penny Rappa, Bill Roalman, Dave Romero, Vice -Mayor Allen K. Settle and Mayor Peg Pinard Absent: None City Staff Present: John Dunn, City Administrative Officer, Diane Gladwell, City Clerk Council held a Closed Session regarding labor negotiations pursuant to Government Code §54957.6. The Agency Negotiator was John Dunn, the Unrepresented Employee was City Clerk Diane Gladwell. The closed session was continued to 7/20/94 at 6:00 p.m. 7:00 PM Council adjourned the meeting to the Council Chambers for open session. APPROVED BY COUNCIL- 9/20/94 gaLf R. GlaidwellLdity Clerk DRG:cm 1 MINUTES . REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO TUESDAY, JULY 19, 1994 - 7:00 PM CITY HALL - COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL' Council Members Present: Council Member Penny Rappa, Bill Roalman, Dave Romero, Vice -Mayor Allen Settle and Mayor Peg Pinard Absent: None City Staff Present: John Dunn, City Administrative Officer, Diane Gladweil, City Clerk; Jeff Jorgensen, City Attorney; Ken Hampian, Assistant City Administrative Officer, Mike McCluskey, Public Works Director; Bob Neumann, Fire Chief John Dunn. City Administrative Officer, stated the Council had met in closed session pursuant to Government Code §54957.6, and made a determination which would be discussed under agenda Item PUBLIC COMMENT PERIOD P.C.1. Kim Brown. 651 Brizzolare #3, complained about landlord Duncan Osborn's tack of property maintenance at the Bizzolara apartments. P.C.2. Gary Fowler. 777 Mill St., objected to paying for overtime police protection in the Mission Plaza area. P.C.3. Kelly Covert. Grand Avenue, spoke in favor of the Eyecycle Program. CONSENT AGENDA Moved by Settle /Romero to approve the Consent Agenda with the exception of C-7 as noted; motion carried (5-0). C-1 COUNCIL MINUTES Council considered the minutes of: Tuesday, May 10, 1994 at 7:00 pm, and Tuesday, May 17, 1994 at 6:30 pm Moved by Settle/Romero to waive oral reading and adopt minutes; motion carried (5-0). City Council Meeting Page 2 Tuesday, July 19, 1994 - 7:00 PM C-2 SLOCOG JOINT POWERS AGREEMENT (File No. 1154) Council considered ratifying the 1994 -95 SLOCOG Joint Powers Agreement (JPA) between the City and member cities and the County. Moved by Settle /Romero to adopt Resolution No. 8312 ratifying the JPA and its amendments, and authorize the Mayor to sign the JPA on behalf of the City; motion carried (5-0). C-3 1994 CHIP SEAL PROJECT (Fie No. 94-21) Council considered specifications for the 01994 Street Chip Seal Coast Projecr, City Plan No. 9421 estimated to cost $143,000, including contingencies. Moved by Settle /Romero to approve specifications, authorize staff to advertise the bids, and authorize City Administrative Officer to award the contract if the. lowest responsible bid is within the budget; motion carried (5-0). C-4 SAUNAS RESERVOIR LICENSE AGREEMENT AMENDMENT (File No. 1104) Council considered Amendment No. 5 to the Corps of Engineers Ucense for the Salinas Reservoir. Moved by Settle /Romero to approve Amendment No. 5 and authorize the Mayor to sign the amendment; motion carried (5-0). C -5 SESLOC FEDERAL CREDIT UNION (File No. 634) Council considered authorizing the City Administrative Officer to apply for membership with SESLOC Federal Credit Union to provide additional credit union services to City employees and officials. Moved by Settle /Romero to authorize the City Administrative Officer to submit an application to SESLOC Federal Credit Union; motion carried (5-0). C-6 EYECYCLE PROGRAM (File No. 801) Council considered a sponsorship arrangement between the City and the Eyecycle Program. Moved by Settle /Romero to authorize the Parks and Recreation Director to offer Eyecycle as a part of Its recreation programming; motion carried (5-0). C-7 UNREINFORCED MASONRY LOAN PROGRAM (File No. 707) Council considered authorizing the City Administrative Officer to administer an interest -free loan program for the strengthening of unreinforced masonry (URM) buildings. Moved by Settle /Raooa to continue this item to July 26, 1994; motion carried (5-0). C-8 ETHICS POLICY (File No. 609) Council considered the revised City Code of Ethics. Moved by Settle /Romero to adopt Resolution No. 8313 revising Code of Ethics; motion carried (5-0). City Council Meeting Page '3 Tuesday, July 19, 1994 - 7:00 PM APPOINTMENTS A -1 ARCHITECTURAL REVIEW COMMISSION (File No. 123) Council considered an appointment to the Architectural Review Commission to Till an unexpired term. Moved by Romero/Pinard to appoint Linda Day to a term commencing on August 1, 1994 and expiring on March 31, 1996; motion carried (5-0). COUNCIL LIAISON REPORTS C.L.R.1. Council Member Roaiman reported that the Air Pollution Control District (APCD) Board representation for all seven cities in the County had been unanimously approved. C.L.R.2. Council Member R8RPa reported on the Integrated Waste JPA progress. PUBLIC HEARINGS 1. ALTA VISTA PARKING DISTRICT (File No. 554) Council held a public hearing to consider establishing a new boundaries for the existing preferential parking district south of the Cal Poly Campus and establishing a $10 penalty for parking vehicles in yards and setting fees for replacement of parking permits at $15 and $25 (continued from 5/24/94 and 7/7/94). Mike McCiuskey. Director of Public Works, reviewed the proposed modification. Mayor Pinard declared the public hearing open. Barron Wiley. 1621 McCollum, objected to the °chopping up° of the district. Beverly Green. 138 Orange Dr., requested the parking time be extended to 2:00 a.m. to mitigate Impacts when the Performing Arts Center is finished. Joe Somsel. 236 Albert Dr., supported the 2:00 a.m. to 5:00 a.m. time period. Tom Kay, 369 Chaplain, asked Council to reconsider the hours of 2:00 a.m. to 5:00 p.m. Monday through Friday, and the extension to Longview and Orange Dr. Dave Thompson, 1335 Foothill Blvd., stated he agreed with the overall proposal and urged 8:00 a.m. to midnight hours. Dominic Perello, 1591 Slack St., described the parking losses on the campus, especially due to the construction of the new gym, and discussed time period alternatives. Larry Vos. 188 Hathaway, stated he preferred 8:00 a.m. to midnight and extension of the district all the way down Hathaway. Mayor Pinard declared the public hearing closed. Moved by Settle/Romero to adopt a resolution establishing new boundaries for the preferential parking district for the Alta Vista neighborhood and rescinding resolution 7008, leave in the two City Council Meeting Page 4 Tuesday, July 19, 1994 - 7:00 PM parcels at 1677 and 1661 McCollum, and modifying the time to 8:00 a.m. to 8:00 p.m.; motion was lost (Council Members Rappa, Roalman and Mayor Pinard voting no). Council discussed impacts and alternatives for time restrictions. Moved by Rappa/Pinard to adopt Resolution No. 8314 establishing new boundaries for the preferential parking district for the Alta Vista neighborhood, expanded to include 1661 and 1677 McCollum Street from 8:00 am to 5:00 pm, and rescinding Resolution 7008; motion carried (4-1, Council Member Roalman voting no). Moved by Roalman /Settle to expand the hours to be 2:00 am - 8:00 am throughout the District; motion carried (3-2, Council Members Rappa and Romero voting no). Moved by Rappa /Settle to adopt Resolution No. 8315 establishing the civil parking penalty for Municipal Code section 10.36.233 (parking in yard) at $10 and setting the fees for replacement parking permits at $15 and $25; motion carried (5-0). 8:30 PM Mayor Pinard declared a recess. 8:45 PM Council reconvened, all Council Members present. 2. MOBILE HOME PARK RENT STABILIZATION (File No. 428) Council held a public hearing to consider amending Section 5.44060(E) of the Mobile Home Park Rent Stabilization ordinance to clarity that automatic adjustments to rent shall not be included in base space rent for the purpose of determining CPI increases (continued from 7/7/94). Council Member Romero stepped down from the dias due to a possible conflict of interest. ,Jeff Jorgensen. City Attorney, reviewed the proposed amendment. Mayor Pinard declared the public hearing open. Donald Adams. President of the Laguna Lake Mobile Home Owners Association, stated the proposal was equitable because small increases have a large impact on the residents. David Evans. Western Mobile Home Park Owners Association, reviewed the history of the compromises reached in the ballot proposal approved In 1988, and urged Council not to change the regulations. Dennis Law. 3046 Pacific, representing the Park Owners, stated that there were no problems with current regulations, and only a small number of residents were dissatisfied. Richard Kern. Laguna Lake Mobile Home Park, stated that current regulations constituted double jeopardy and penalized residents. Sally Minor. 3500 Bullock Lane, spoke in support of the proposal. Ray Neimish. 3960 S. Higuera, requested Council consider the proposal. Mayor Pinard declared the public hearing closed. r J City Council Meeting Page 5 Tuesday, July 19, 1994 - 7:00 PM Moved by Settle /Raooa to introduce to print Ordinance No. 1268 amending Section 5.44.060(E) of the Mobil Nome Park Rent Stabilization Ordinance to clarify that automatic adjustments to rent shall not be included in base space rent for the purpose of determining CPI increases; motion carried (4 -0-1, Council Member Romero not participating). 3 APPEAL - 2006 RACHEL (File No. 407) Council held a public hearing to consider an appeal by Pete Evans of an Architectural Review Commission decision to approve a four -unit apartment project at 2006 Rachel; Kathy Dang, applicant (continued from 5/24/94). Arnold Jonas. Community Development Director, reviewed the proposed project. Mayor Pinard declared the public hearing open. Michael Wollman, 1040 San Carlos Dr., stated the project would have a negative impact on the safety and character of the neighborhood. Pete Evans. Appellant, stated the development was not consistent with the General Plan, and would have significant negative impacts on the neighborhood. Chuck Croster, representing Kathy Dang, the applicant, stated the density and aesthetics were carefully planned to mix with the neighborhood. Allen Michaels. 1973 San Luis Dr., stated he was the original owner of the property and supported the project Dave Foosi. 2056 Rachel, spoke in favor of the project. Jack Artuso.1604 Morro #1R, supported the project and stated the surrounding neighborhoods were very dense. Mayor Pinard declared the public hearing closed. Moved by Romero / Rappa to adopt a resolution denying the appeal, amended to require a two -way drive past the tree with 10 parking spaces required; motion was lost (2 -3, Council Member Roalman, Vice Mayor Settle and Mayor Pinard voting no). Council discussed project alternatives. Moved by Settle/Roalman to continue this item to the next available meeting, upholding the appeal, and direct staff to explore with applicant two 2- bedroom units similar to plans presented this evening; motion carried (3-2, Council Members Rappa and Romero voting no). 4. APPEAL - FARMERS' MARKET (File No. 407) Council held a public hearing to consider an appeal by Gregory Campbell of a Business Improvement Board decision to deny his application to participate in Thursday Night Farmers' Market (continued ' from 7/7/94). Lynn Block, Administrator of the Business Improvement Association (BIA), reviewed the appeal. City Council Meeting page 6 Tuesday, July 19, 1994 - 7:00 PM Mayor Pinard declared the public hearing open. Greg Campbell, Appellant, 2680 Victoria, stated his vending machine met the definition of retail business in the BIA regulations. Ken Carpenter. 7770 Higuera, spoke in favor of the appellant. Pam Copeland. President of the BIA, stated that the appellant had an unlicensed vending machine In the lobby of his apartment building. She stated that allowing the appeal would set a precedent to allow all newspaper stands and vending machines to participate in Farmers Market. Steve Gilroy, owner of Nothing But the Best, stated the vending machine did not constitute a business. Judy Be11is, Thursday Night Activity Coordinator for the BIA, explained how the location of a business is determined. Mayor Pinard declared the public hearing closed. Moved by Rappa /Romero to adopt Resolution No. 8316 denying the appeal; motion carried (4-1, Vice Mayor Settle voting no). 5. ORCUTT ROAD SETBACK LINE AMENDMENT (File No. 537) Council held a public hearing to consider adopting a revised setback line for Orcutt Road, between Broad Street and the SPRR (continued from 4/19/94 and 5/24/94). Mike McCluskev, Public Works Director, reviewed the revised setback line. Mayor Pinard declared the public hearing open. No one spoke for or against this item. Mayor Pinard declared the public hearing closed. Moved by Settle /Rapes to introduce to print Ordinance No. 1269 approving a negative declaration on environmental impact and adopting a revised setback line for Orcutt Road, between Broad Street and the Southern Pacific Railroad right of way; motion carried (5-0). COMMUNICATIONS COMMA. Council Member Romero requested that the 1911 Act sidewalk repair and construction program be reinstated; program to be considered in January 1995 with the budget (general consent). BUSINESS ITEMS 6. ZONING AMENDMENT - SECOND UNIT REGULATIONS (File No. 463) 1 Council considered giving final passage to an ordinance amending the second unit regulations to City Council Meeting Page 7 ' Tuesday, July 19, 1994 - 7:00 PM allow larger and detached units in some cases, to change the parking requirements, and other minor changes (continued form 6/21/94 and 7/7/94). Arnold Jonas. Community Development Director, reviewed the proposed amendments. Tony Herrera. 676 Grove Street, preferred the existing regulations remain. Mad! Gates, 125 Serrano Heights, stated enforcement of regulations was ineffective, and the proposal would result in negative community impacts. George Klukas, 1721 Corralitos, urged council to halt the downgrading of residential neighborhoods. Victoria Wood. 972 Church, spoke in opposition. Rebecca Keisler, 101 Del Sur, urged Council to preserve the character of neighborhoods. Janet Kourskis, San Luis Obispo, urged Council not to allow the amendments to second units. Moved by Settle/Roalman to deny final passage of Ordinance No. 1267; motion carried (4-1, Council Member Romero voting no). 7. POWER BLOWER REGULATIONS (File No. 703) Council considered giving final passage to an ordinance amending the noise regulations and restricting hours of operation of power blowers in residential and non - residential zones (continued from 4/19/94, 5/3/94, 5/24/94, 5/31/94, and 7/7/94). Arnold Jonas, Community Development Director, reviewed the proposed ordinance. Alan Friedman, San Luis Obispo, stated he wanted to ban power blowers. Moved by Roalman /Settle to give final passage to Ordinance No. 1261; motion carried (3-2, Council Members Rappa and Romero voting no). 8. MANAGEMENT COMPENSATION (File No. 623) Council considered establishing a management compensation plan for Department Heads and Appointed Officials (continued from 7/7/94). John Dunn. City Administrative Officer, reviewed the proposal. Moved by Raona/Romero to adopt Resolution No. 8317 amended to eliminate Group V and include the City Clerk in Group IV; motion carried (5.0). 9. INFILTRATION AND INFLOW (File No. 517) ' Council considered a report concerning Wastewater Drainage Basin B Infiltration and Inflow Investigation results. City Council Meeting Tuesday, July 19, 1994 - 7:00 PM Page 8 Moved by Raooa /Romero to continue this item to a study session after the LUE completion; motion carried (5-0). 11:05 PM there being no further business to come before the City Council, Mayor Pinard adjourned the meeting Wednesday, July 20, 1994 at 7:00 PM. APPROVED BY COUNCIL: 9/20/94 DRG:cm ne R. Gladwe City Clerk MINUTES STUDY SESSION OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, JULY 20, 1994 - 7:00 PM CITY HALL - COUNCIL HEARING ROOM AND COUNCIL CHAMBERS - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: C Council Members Present: Council Members Penny Rappa, Bill Roalman, Dave Romero, 1 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, Arnold Jonas, Community Development Director; John Moss, Utilities Director; Gary Henderson, Water Division Manager, Sue Baasch, Administrative Analyst; Ron Munds, Water Conservation Coordinator PUBLIC COMMENT PERIOD There were no public comments. STUDY SESSION 1. URBAN WATER MANAGEMENT PLAN (File No. 517) Council considered the Water Conservation Program analysis and other related issues regarding the Urban Water Management Plan.