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08/15/1995MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO 1 TUESDAY, AUGUST 15, 1995 - 7:00 P.M: CITY HALL - COUNCIL CHAMBER - 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA ROLL CALL: Council Members Present: Council Members Bill Roalman, Kathy Smith, Dodie Williams, Vice Mayor Dave Romero and Mayor Allen Settle 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; Jim Gardiner, Police Chief; Mike McCluskey, Public Works Director; Paul LeSage, Recreation Director Jeff Jorgensen. City Attorney, reported that the Council had held a Closed Session immediately preceding this meeting to consider two items. In the first matter, Council tentatively approved a ' labor agreement with the San Luis Obispo Firefighters' Association, although the terms could not be disclosed until officially approved by Council. The second items was Public Employee Performance Evaluation of the City Clerk and that performance evaluation is ongoing. PUBLIC COMMENT PERIOD P.C.I. Patrick McDonnell, San Luis Transportation, submitted a petition from Laidlaw transit system employees who want to become City employees. CONSENT AGENDA Moved by RomeroWiiliams to approve the Consent Agenda as recommended by the City Administrative Officer; motion carried (5 -0). C -1 LAGUNA LAKE PREFUMO ARM SEDIMENT REMOVAL (File No. 95-14) Council considered specifications for "Material Removal: Prefumo Arm of Laguna Lake," Specification No. 9414; current engineer's estimate, $100,000. Moved by Romero/Williams to 1) approve specification; 2) authorize staff to advertise for bids; and, 3) authorize CAO to award the contract if the lowest responsible bid is within the estimate; motion carried (5 -0). C -2 JANITORIAL SERVICES - INVITATION FOR BIDS (File No. 9654) Council considered an Invitation for Bids (IFB) for "Janitorial Maintenance Services," Specification No. 9654, for parking areas, swimming pool areas, and park restroom areas; annual cost estimate $71,900. Moved by RomerolWilliams to 1) approve IFB; 2) authorize staff to advertise for bids; and, 3) authorize CAD to award agreements if the accepted bid prices are within the total cost estimate; motion carried (5-0). City Council Meeting Tuesday, August 15, 1995 - 7:00 p.m. Page 2 C3 CITY HALL SEISMIC SAFETY AND HVAC IMPROVEMENTS PROJECT (File No. 91 -01) ' Council considered awarding an agreement for engineering services on the "City Hall Seismic Safety and HVAC Improvements," Specification No. 91 -01, in the amount of $79,919 to Howard F. Stup & Associates. Moved by RomeroWilliams to 1) award agreement to Howard F. Stup and Associates; and, 2) authorize the Mayor to execute the agreement; motion carved (5 -0). C-0 BUS MAINTENANCE FACILITY EXPANSION (File No. 96 -01A) Council considered a Request for Proposals (RFP) for "Design Services: Bus Maintenance Facility Expansion," Specification No. 96 -01A, estimated to cost $28,000. Moved by Romero/Williams to 1) approve RFP; 2) appropriate an additional $11,000 in federal grant revenue and state subventions to the project account; and, 3) authorize the CAD to award an agreement for design services if the cost does not exceed cost estimate; motion carried (5 -0). ► C-5 STATE OF CALIFORNIA GRANT (File No. 728) Council considered specifying that at least $1,315,806 will be contributed by the City towards the construction of a new headquarters fire station and authorizing the Fire Chief as the designated agent for signatures. Moved by RomeroWilliams to adopt Resolution 8446 authorizing contribution and designated Fire Chief as agent for the City; motion carried (5-0). C-6 ESCORP ATHLETIC FIELD (File No. 801) Council considered approving the lease of the Escorp Athletic Field, located at 1150 Laurel Lane, by the City of San Luis Obispo for use as a youth athletic field. Vicki Janssen. Laurel Lane, said although she supported she had concerns about plans for lighting, loud speakers, hours of operation and security, and parking. Paul LeSaoe, Parks and Recreation Director, responded that no lighting was planned in the near future, that this is a practice field, not a game field, so ten parking spaces was acceptable, and the field would be locked up when not in use. Moved by RomeroWilliams to adopt Resolution 8447 approving lease and authorizing the Mayor to execute the agreement; motion carved (5 -0). C -7 MISSION LANE PARKING (File No. 557) Council considered the request of the Fire and Engineering Departments to limit parking to the east side of Mission Lane only, to relieve vehicle congestion and ensure access to emergency vehicles. Moved by Romero/Williams to approve request and authorize posting of "No Parking" area on Mission Lane; motion carried (5-0). C-8 ANNUAL TRANSPORTATION CLAIM (File No. 1155.1) Council considered approving the 1995 -96 Claim for Transportation Development Act (TDA) Subventions for Local Transportation Funds and State Transit Assistance Funds, and approving amendments which will bring the 1995 -96 budget into conformance with the 1995196 claim for TDA subventions. City Council Meeting Tuesday, August 15, 1995 - 7:00 p.m. Page 3 Moved by RomeroWilliams to adopt Resolution 8448 approving the annual claim and budget amendments; motion carried (5-0). COUNCIL LIAISON REPORTS There were no Council Liaison Reports. PUBLIC HEARINGS 1. APPEAL - FROG & PEACH, INC. (File No. 407) Council held a public hearing to consider appeals of a Planning Commission action to approve Use Permit A76-05, a request to establish a bar downtown 723 Higuera Street; Frog & Peach, Inc., applicant Arnold Jonas, Community Development Director, reviewed the staff report. Mayor Settle opened the public hearing. Paul Brown, an appellant, said that there was a very high concentration of liquor licenses in the proposed area. Allan Bueno agreed with the Planning Commission's decision to approve the use. 1 Tricia Mulay. San Luis Obispo, supported the Planning Commission's action. Michael Colvin, Shell Beach, supported the ability to open this establishment, Charlie Noffett. San Luis Obispo, supported the new bar. Jon Diggery. San Luis Obispo, was in support of the new business. Bill Walter, San Luis Obispo, was concerned about what another bar would do to future and character of the downtown. Vincent Crooks, San Luis Obispo, asked Council to allow the free enterprise system to work. Michael Hesser, San Luis Obispo, supported the business. Mike. Spangler, a local retailer, said although he was not in favor of additional drinking establishments in the downtown he encouraged the Council to approve the application. Gary Fowler, San Luis Obispo, asked Council to grant the right to open the establishment. John Wessel, the owner of the building at 723 Higuera Street, asked that the use be approved. Dan Steele, a City resident and business owner, said he hoped Council would allow the new business to open. Heather Smith, San Luis Obispo, supported the new business. Dirk Gaspar was in favor of the Library. Martin Johnson, San Luis Obispo, said free enterprise and competition would only make the downtown better and felt to deny this use would be anti- business. City Council Meeting Tuesday, August 15, 1995 - 7:00 p.m. Page 4 Erik Parks, a former employee of the California Alcohol and Beverage Control, felt targeting students might create a number of problems in the future. Wade Johnston, a downtown business owner, expressed opposition to the proposed use. Dan Hale, a downtown resident, felt there were too many bars in the downtown already. Steve Boyle, a 47 -year resident, urged Council to reject the appeal. Paul Tyre said the Library would be something brand new and exciting for San Luis Obispo for tourists and residents alike. Louis Raviaa, an employee of a downtown business, was opposed to the appeal for reasons of employment and business downtown. Ed Scholtz said he did not want to see the downtown go the way of the Central Coast Mall and felt the appeal had no foundation. Melissa Cady, manager of the business at 712 Higuera, feared that this would turn out to be a cheap bar and was concerned about the nature of the street. Julie Towery owner of the property at 715 Higuera, was opposed to the Library. Jeff Menous, owner of SLO Maid Ice Cream, supported the proposed business venture. Jules Clark, employed by company that developed a "safe ride home program," said the Frog & Peach has purchased a year membership with this program and had vouchers available to their patrons on Thursday, Friday and Saturday for safe rides home. Sandra Pound, a downtown resident, believed in diversity of business but was concerned about the location of the proposed bar due to the concentration of bars in this area. Paul Metchik, representing the Library, said that public necessity and convenience could be found for this use in the downtown and the ABC had found this census area appropriate for existence of another bar in this area. Jim Kilbride, owner of Natural Selection, said he would rather see some other business there than a bar but supported the proposed use. Mayor Settle closed the public hearing. After discussion, moved by RomeroWilliams to: A) adopt Resolution No. 8449 denying the appeal and upholding the Planning Commission's action to determine that there is sufficient evidence to support that public necessity or convenience warrant an exception to the undue concentration of licenses facilities within the City; motion carried (4-1, Council Member Roalman voting no); and, moved by Romero/Williams to B) adopt Resolution No. 8450 denying the appeal, and upholding the Planning Commission's action to approve the user permit, based on findings, and subject to conditions; motion carried (4-1, Council Member Roalman voting no). 2. APPEAL - HOME OCCUPATION PERMIT (File No. 407) Council held a public hearing to consider an appeal by Dana Shaheen of a Planning Commission action to approve a home occupation permit (A 50 -95) for a theater production business office which includes a prohibition of on -site theater set construction at 537 Jeffrey Drive. Arnold Jonas. Community Development Director, briefly explained the reasons for this appeal. 1 1 1 City Council Meeting Tuesday, August 15, 1995 - 7:00 p.m. Mayor Settl e opened the public hearing. Page 5 Dana Shaheen, the applicant, said that he had addressed concerns expressed by his neighbors and that the construction was not building of sets, but small technical props. Jenny Shaheen, wife of the applicant, told Council that they were asking to continue to do what they had been doing for the past three years and that construction was limited to small set pieces. Julianna wnninahoff. 464 Jeffrey, supported the Shaheen's home occupation. Marge Castle, Los Osos, supported the Shaheen's business. Mayor Settle closed the public hearing. After discussion, moved by Romero /Smith to adopt Resolution No. 8451. upholding the appeal as amended to add "or screened structure" to Condition #2, to strike "12" from Condition #14 and replace with "36," and to add Condition #15 prohibiting exterior spray painting; motion carried (5-0). 3. GENERAL PLAN MAP AMENDMENT - SINSHEIMER PARK (File No. 463) Council held a public hearing to consider a General Plan Land Use Element map amendment to show about two acres at the southwest edge of Sinsheimer Park (900 Southwood Drive) as Park rather than Open Space (GP 55 -95); San Luis Coastal Unified School District, owner. Arnold Jonas. Community Development Director, said the designation was being changed so that active recreation could take place at this location. Mayor Settle opened the public hearing. French Morgan said he lived at the bottom comer of Del Campo in probably the closest single - family residence to the project and was in favor of this proposal but had concerns about children In the vicinity of the tracks. After discussion, moved by Williams /Romero to adopt Resolution No. 8452 approving a negative declaration of environment impact and adopting the amendment; motion carried (5 -0). 4. GENERAL PLAN MAP AMENDMENT - BRIDGE STREET (File No. 463) Council held a public hearing to consider a General Plan Land Use Element map amendment to move the development limit line to the base of the South Street Hills on a parcel at 271 Bridge Street; John J. & Henrietta Lucas, owners (property in escrow to another party). Arnold Jonas. Community Development Director, summarized the agenda report. Mayor Settl e opened the public hearing. No one spoke to the issue. After discussion, moved by Romero/Smith to adopt Resolution No. 8453 approving a negative declaration of environment impact and adopting the amendment; motion carried (5 -0). There were no Communications. COMMUNICATIONS City Council Meeting Tuesday, August 15, 1995 - 7:00 p.m. Page 6 BUSINESS ITEMS S. SPAY /NEUTER PROGRAM FOLLOW -UP (File No. 761) Council considered a follow -up report and recommendation that staff develop a letter of Agreement with the County Department of Animal Regulation in the amount of $10,000 ($5,000 for each fiscal year of the 1995 -97 Financial Plan) for the administration of a spay /neuter program, and authorize the City Administrative Office to execute the agreement. Jim Gardiner. Police Chief, gave an overview of the agenda report. Kathy LeMoine, Administrative Officer for the Department of Animal Regulation, said the animal ordinance for the County was under consideration by the Board of Supervisors and the issue of feral cats was at this time in a proposal stage. Mayor Settl presented the issue for public comment. Mary Green. Vice President of San Luis Obispo Volunteers for Animals, urged Council to establish a volunteer -run agency in City offices for the implementation of a "no strings attached" policy for the issuance of spay /neuter assistance certificates. Susan Howe. Morro Bay, said feral cat management programs have been in existence locally for many years, and urged Council to adopt a "no strings attached" policy in issuing spay /neuter certificates. Penny Wilson of Oceano asked Council to consider putting together a small volunteer unit to administer these funds in order to spay /neuter as many animals as possible. Elaine Genosci. a City resident, was concerned with the funds being directed to the division of Animal Regulation. Diana Duncan urged Council to use these funds for both feral and domesticated cats. Mayor Settl returned the discussion to the Council. After discussion, moved by Romero/Williams to approve and authorize the City Administrative Officer to execute a letter of agreement with the County Department of Animal Regulation in the amount of $10,000 to administer a spay /neuter program; motion carried (5-0). 6. PUBLIC WORKS DEPARTMENT ANALYSIS (File No. 101) Council considered the Public Works Department Organizational Analysis and Improvement Program. Mike McCluskev, Public Works Director, said the goal of the analysis was how to make a good program better and how to further develop the self- directed work team approach. After discussion, moved by Williams /Roalman to direct staff to implement recommendations including suggestions from Vice Mayor Romero; motion carried (5 -0). 41:00 p.m., there being no further business to come before the City Council vor Settle adjourned the meeting to September 5, 1995 at 7:00 p.m. in the Council Cha ber. APPROVED BY COUNCIL: Diane FZ adw`H; City Clerk By: Kim Condon, Assistant City Clerk DRG:drkc 1 1 1