HomeMy WebLinkAbout02/19/1991, C-1 - COUNCIL MINUTES c4 of sAn Us ompo
0 5 Office of the City Clerk 549-7103
of
February 13, 1991
RE: TRANSI.ENT OCCUPANCY TAR, ITEM #1,
CITY COUNCIL MEETING AGENDA FOR
FEBRUARY -19, 1991
THIS ITEM IS RECOMMENDED TO BE CONTINUED
TO THE NEXT REGULAR MEETING AND YOU WILL
BE NOTICED AT THAT TIME. PLEASE CALL
OUR OFFICE IF YOU HAVE ANY QUESTIONS.
zr
PAM VOGES,CITY CLERK•990 PALM STREET
Post Office Box 8100•San Luis Obispo,CA 93403-8100•805/549.7100
- �� ABEHDA
M I N U T E S
REGULAR FETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 4, 1990 - 7:00 P.N.
COUNCIL CHAMBERS - CITY HALL - 990 PALM STREET p'eh Minutes
SAN LUIS OBISPO, CALIFORNIA to be approved
ROLL CALL at Council Meeting
Councilmembers �? �
Present: vice-Mayor Jerry Reiss, Councilmembers Peg Pinard, Penny
Rappa, Bill Roalman and Mayor Ron Dunin
Absent: None
City Staff
Present: John Dunn, City Administrative Officer; Kenneth Hampian,
Assistant Administrative Officer; Cindy Clemens, Assistant
City Attorney; Jeffrey Jorgensen, City Attorney; Pam Voges,
City Clerk; Arnold Jonas, Community Development Director;
Mike Dolder, Fire Chief; Ann McPike, Personnel Director;
Dave Romero, Public Work Director; Mike Smith, Hazardous
Material Inspector; Rob Bryn, Code Enforcement Officer
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Mavor Dunin reviewed tonight's agenda, making various recommendations for
changes of the agenda. He stated that the No Smoking Presentation by the
Tobacco Coalition of an American Cancer Society National Honor would be
postponed until Tuesday, December 18, 1990.
He reminded Council that there was an added item, C-5 consent item, entitled
"Fire Engine Purchase", the consideration of specifications for a 1500 GPM
Four Door, Cab Forward, Triple Combination Fire Engine, estimated to cost
$230,000 (continued from 4/17/90) . The proposed recommendation was that, by
motion, approve specifications for the Fire Engine, authorize staff to solicit
bids, and authorize the City Administrative Officer to award the contract as
recommended.
Council, by general consensus, supported both of those changes. It was then
moved by Ravua/Pinard to continue items 3 and 4. Item 3 was a public hearing
to consider an appeal by Sylvia Cegelis, of an Architectural Review Commission
action regarding the setback of a proposed monument sign for HomeFed Bank,
located at Santa Rosa and Marsh Street; HomeFed Bank, applicant. Item 4 was a
public hearing to consider an appeal by Gary Kunkel of a Planning Commission
action to deny a home occupation permit for a glassworkinj business at 1075
Capistrano Court; Ron and Leslie Bearce, applicants. Motion carried
unanimously.
PUBLIC COMMENT
P.C.1. Brett Cross, 1217 Mariner's Cove, spoke to concerns about the
readiness to serve charge inequity for residential water users.
CONSENT AGENDA
Moved by Ravua/Pinard the consent calendar was unanimously approved as
recommended by staff.
C-1 CONTRACT PAY ESTIMATES
Contract pay estimates and change orders approved (5-0) and ordered paid as
recommended.
C-2 AMENDMENT TO COURT STREET PREDEVELOPMENT AGREEMENT (File No. 435)
Council considered an amendment to the Court Street Predevelopment Agreement
and Agreement to Lease.
Council approved (5-0) and Mayor authorized to execute the First amentment of
Predevelopment Agreement to Lease (A 154-90-CC) as recommended.
City Council Minutes Page 2
Tuesday, December 4, 1990 - 7:00 p.m.
C-3 ZONING REGULATIONS AMENDMENT (File No. 463)
Council considered giving final passage to an ordinance amending the Zoning
Regulations, Section 17.22.020, Uses Allowed by Zone, to allow child day care
in the service-commercial (C-S) and industrial (M) sones subject to an
administrative use permit (continued from 11/2090) .
Ordinance No. 1182 (5-0) given final passage amending the zoning regulations
as recommended.
C-4 CONTRACT COPY SERVICES (File No. 161)
Council considered a Request for Proposal (RFP) for Contract Copy Services for
outside copy service.
Council approved (5-0) the RFP for Contract Copy Services (Contract file
90-66) and authorized the CAO to award a contract (A 155-90-CA) to the most
responsive contractor if the average cost per copy is less than 4.5 cents as
recommended-
C-5 FIRE ENGINE PURCHASE (Contract File 90-22; SPCN F-90-7)
Council considered specifications for a 1500 GPM four-door, cab-forward,
triple combination fire engine; estimated to cost $230,000 (continued from
4/17/90) .
Specifications for fire engine approved (5-0), staff authorized to solicit
bids, and CAO authorized to award contract as recommended.
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COUNCIL LIAISON REPORTS
Councilwoman Raooa, as BIA Council liaison representative, spoke to recent
actions of the BIA in helping to promote the downtown and their work with City
merchants in raising funds to help provde free parking for the month of
December.
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PUBLIC HEARING
1. SIDEWALK ASSESSMENTS (File No. 533)
Council held a public hearing to consider confirming costs to property owners
for curb, gutter and sidewalk improvements at various locations throughout the
community (also see transcript dated 12/4/90 and included as part of the
minutes) .
Dave Romero, Public Works Director, briefly reviewed the agenda report and
stated that all the property owners had installed the necessary improvements
except 16 who had the City construct the improvements. Of those, 211 had paid
over a three year period with the exception of two property owners, Mr. Marcel
Cote and McCarthy Tank and Steel. He suggested taking these two properties
separately. Regarding Mr. Cote's assessment, he suggested this item be
deferred until staff had as opportunity to review his concerns and recommended
this item come back to Council on January 1, 1991.
Mayor Dunin declared the public hearing open.
Marcel Cote stated he did have additional questions regarding the assessment
and asked for a continuance. He also requested additional time (over the
three years) to pay the charge.
After brief discussion, moved by DunialRavva that the assessment of roertp at
521 Funston be deferred to the first Regular Meeting in January (1/3/791) .
Notion carried unanimously.
Dave Romero then introduced the second item which was the McCarthy Tank and
Steel property at 313 South Street.
City Council Minutes Page 3
Tuesday, December 4, 1990 - 7:00 p.m.
Jon Seitz, representing the McCarthy's at McCarthy Steel, spoke in protest of
the proposed assessment in the amount of $14,206 for curb, gutter and sidewalk
at 313 South Street (see transcript dated this date and made a part of this
record) .
After disucssion, it was moved by Roalman/Raona (4-1, Mayor Dunin voting no)
to deny the protest on the McCarthyproperty and adopt the resolution
confirming the costs as presented by staff.
At the request of City Attorney Jeff Jorgensen, the first motion was to be
treated as a preliminary motion. It was thea moved by Roalman/Pinard
(4-1, Mayor Dunin voting no) to adopt Resolution No. 6906 confirm g the
assessments with the exception of the Cote property, which would be continued
until January 3, 1991.
2. ABATEMENT OF PUBLIC NUISANCE (File No. 402)
Council held a public hearing to consider declaring a public nuisance at the
commercial property located at 1756 MontereyStreet and establishing methods
for abating the nuisance (continued from 117/90) .
Mayor Dunin declared the public hearing open and directed the Community
Development Director to present the matter before the Council.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt the resolution in the packet, that would
declare the property a public nuisance, and also outlined abatement measures.
Mayor Dunin directed the City Clerk to swear in the witnesses.
Pam Voges, City Clerk swore in Arnold Jonas, Community Development Director;
Mike Smith, Hazardous Materials Inspector; Mike Dolder, Fire Chief; and
Rob Bryn, Planning Enforcement Officer.
Rob Bryn, Planning Enforcement Officer, presented a slide presentation showing
the property, and identifying that which needed to be abated.
Mike Dolder, Fire Chief, reviewed some of the hazardous materials on the
property.
Mike Smith, Hazardous Materials Inspector, spoke to the physical review and
inspection of the site that he had conducted as late as that day.
Pam Voges, City Clerk, then swore in Robert Wilcox, the owner of the property
located at 1756 Monterey.
Robert wilcox, property owner that was subject to abatement, indicated the
property was 908 abated at this time. He urged that Council allow him to
continue with his operations to sell tires. Upon question by City Attorney
Jeff Jorgensen, he stated that he could be is full compliance within 30 days,
and that he could remove all the outside storage of tires, stop operations as
a retail tire store, withdraw all advertising identifying the premises as a
retail tire store, remove the illegal pole sign and replace the perimeter
fence to the satisfaction of the City's Chief Building Inspector.
Star Jenkins, 285 Buena Vista, urged Council to declare this location a public
nuisance.
Charles Nathlet, a neighboring property owner, also felt the property was an.
eyesore.
Mayor Dunin declared the public hearing closed.
After discussion, it was moved by Pinard/Randa (5-0) to adopt Resolution No.
6907 declaring a public nuisance did exist, and outlining required abatement
measures, with an amendment to provide that it come into compliance within 45
days, rather than the recommended 30 days.
City Council Minutes Page 4
Tuesday, December 4, 1990 - 7s00 p.m.
9:05 p.m., Mayor Dunin declared a recess; 9:20 p.m., City Council reconvened,
all Councilmembers present.
3. APPEAL - SIGN REGULATIONS (File No. 407)
Council held a public hearing to consider an appeal by Sylvia Cegelis, of an
Architectural Review Commission action regarding the setback of a proposed
monument sign for HomeFed Bank located at Santa Rosa and Marsh Streets;
HomeFed Bank, applicant.
As previously indicated, this item was continued to date certain, December 18,
1590, in order to allow applicant time to submit additional information
4. APPEAL - HOME OCCUPATION PERMIT (file No. 407)
Council held a public hearing to consider an appeal by Gary Kunkel of a
Planning Commission action to deny a home occupation permit for a glassworking
business at 1075 Capistrano Court; Ron and Leslie Bearce, applicants.
As previously indicated, this item was continued to date certain, December 18,
1990, to allow additional time to negotiate possible mitigation for concerns
about proposed use.
BUSINESS ITEMS
S. ALANO CLUB _PARKING FEES (File No. 477)
Council considered modification of parking user fees for the Alano Club
property located in Railroad Square.
Dave Romero, Public Works Director, reviewed the agenda report with the
recommendation that Council, by motion, direct staff to discontinue the double
credit for the Alano Club six off-site parking spaces and require them to pay
the established rate for all required parking spaces. He felt that the
concept of giving double credit to the Alano Club is beneficial to them, but
not equitable to the other property owners. If the Council continues to
provide the double credit option for the Alano Club, it reduces the parking
revenue from Railroad Square Parking Service area, and establishes special
provisions that can not be applied uniformly. If the option was implemented,
the parking revenue would be substantially reduced. The annual loss of
revenue ranges from $840 if Alano Club continues alone, to $7,176 if all
eligible property owners were given double credit.
Mayor Dunin asked for public comment.
Bud Beecher, representing the Alano Club, spoke in support of the reduced
rate, stated they would be unable to keep their doors open if they were
assessed these additional parking charges.
Chris Pele also spoke in support of the Alano Club and their reduced parking
requirement.
Cliff Hansen, 3424 Gregory Court, also spoke in support.
Mayor Dunin declared the public hearing closed.
Moved by Dunin/Reiss (4-1, Councilwoman Rappa voting no) that all expenses
related to the Alano Club for parking be waived. Notion carried.
6. WATER INITIATIVE (File No. 323)
Council considered a Certificate of Sufficiency on the Water Action To
Eliminate Rationing initiative petition and referral of the measure to
appropriate departments for reports on the effect of the proposed initiative.
City Council Minutes Page 5
Tuesday, December 4, 1990 - 7:00 p.m.
John Dunn, City Administrative Officer, stated that the Council did not
need to discuss this item tonight unless the Council had any additional
impacts it would like explored in which case direction should be given this
evening.
Mayor Dunin asked for public comment.
Richard Rransdorf was upset that notification wasnt' clearer that this item
was not being discussed this evening.
After brief discussion and upon general consensus, the Certificate of
Sufficiency was received and filed and staff was directed to prepare reports
on the effect of the proposed initiative as recommended in the staff report.
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COMMUNICATIONS
Comm. 1. UNIFORM DISTRICT ELECTIONS
Council considered a report regarding a request by Cuesta Colleire and the
Unified School District to the Board of Supervisors to move their election
date from November of odd years to November of even years.
Pam Voges, City Clerk, stated that the Board of Supervisors would be taking up
this request at its Tuesday, December 11, 1990 Board Meeting. She recommended
that staff be directed to report back on the proposed impacts to the City of
San Luis Obispo's election process if the County approves these requests by
the school districts to move their election date from 11/91 to 11/92,
specifically, staff was to analyze the fiscal impact on voter turn out.
Upon general consensus, staff was directed to report back as recommended.
A. 10:00 p.m., Mayor Dunin adjourned the meeting to Closed Session to
discuss Personnel and Litigation. With respect to Litigation, the Closed
Session was being held pursuant to:
Government Code Section 54956.9Subparagraph B,
significant exposure to litigation.
10:40 p.m. , there being no further business to come before the City Council,
Mayor Dunin adjourned the meeting to Monday, December 10, 1990 at 9:00 a.m.,
for Council-Management Team Workshop.
APPROVED BY COUNCIL:
PV:nlo Pam Voges, City Clerk
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� - r - s
i SIIAGOIDA
MINUTE S � -/�-YI MR
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, DECEMBER 18, 1990 - 7:00 P.M. Draft Minutes
COUNCIL CHAMBERS, CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA to be approved
at Council Meeting
ROLL CALL
Councilmembers
Present: Vice-Mayor Jerry Reiss, Councilmembers Penny Rappa, Bill
Roalman and Mayor Ron Dunin
Absent: Councilmember Peg Pianrd
City Staff
Present: John Duna, City Administrative Officer; Deb Hossli,
Administrative Analyst; Jeffrey Jorgensen, City Attorney;
Kim Condon, Assistant City Clerk; Arnold Jonas, Community
Development Director; Mike Dolder, Fire Chief; Jim
Gardiner, Police Chief; Dave Romero, Public Works
Director; Bill Hetland, Utilities Director
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PUBLIC COMMENT
Donna Vilerdes, 734 Orcutt Road, spoke to her concerns about enforcement of the
leash law.
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PRESENTATION
Randy Wright, President of the San Luis Obispo Chapter of the .American Cancer
Society, and Dr. Stephen Hansen, presented the City Council with a special
citation for helping to provide a safe and healthy environment for its citizens
by passing a strict and comprehensive smoking ban.
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CONSENT AGENDA
Moved by Reiss/Roalman, the Consent Calendar was unanimously approved as
recommended by the City Administrative Officer with the exceptions of C-2, C-
3 and C-7.
C-1 COUNCIL MINUTES
Council considered the minutes of the meeting of Tuesday, November 7, 1990 at
7:00 p.m.
Moved by Reiss/Roalman, (4-0-1, Councilwoman Pinard absent) the minutes of
Tuesday, November 71 1990 at 7:00 p.m. were approved as amended.
L- / -Co
C-2 SIDEWALK CLEANING (File. No. 477)
Council considered a request by the Business Improvement Association for a City
contribution of $15,000 to assist in cleaning downtown sidewalks.
Councilman Roalman questioned the cost of the proposed cleaning and inquired
about the reason for the shortfall in funds.
Monte Lukov, BIA Administrator, explained how several factors, including the
drought and escalated contract costs, have led to the insufficiency in funds.
After brief discussion, moved by Ravva/Reiss, (3-1-1, Councilman Roalman voting
no, Councilwoman Pinard absent), Council approved a transfer of $15,000 to the
Business Improvement Association account for sidewalk cleaning as recommended.
C-3 AWARD OF CONTRACT - UTILITIES (File No. 90-54)
Council considered awarding a contract for the purchase of one Van Mounted TV
Inspection System for Wastewater Collection Systems in the amount of $106,250
(continued from 10/2/90) .
Mayor Dunin expressed concern that additional costs associated with the project
such as maintenance costs and labor, were not reflected in the staff report.
Bill Hetland, Utilities Director, said that the two employees who would be
operating the video inspection system were already City employees and that they
would not require additional secretarial support.
A representative of Flexible Video Systems assured the Council that the company
offers a two-year warranty on the equipment.
After brief discussion, moved by Raova/Roalman, (3-1-1, Mayor Dunia voting no,
Councilwoman Pinard absent), to award contract to Flexible Video Systems in the
amount of $106,250 for the purchase of one Van Mounted TV Inspection System and
Mayor authorized to executed the agreement (A133-90-CC) as recommended.
C-4 ACCEPTANCE OF PUBLIC IMPROVEMENTS - TRACT 1652 (File No. 410)
Council considered accepting public improvements for Tract 1652, a 25-lot planned
unit development located at 275 North Chorro Street; Takken-Barris, subdividers.
Moved by Reiss/Roalman, (4-0-1, Councilwoman Pinard absent), Resolution No. 6908
adopted accepting public improvements for Tract 1652 located at 275 North Chorro
Street as recommended.
C-5 MASTER LIST OF HISTORICAL RESOURCES AMENDMENT (File No. 454)
Council considered a recommendation by the Cultural Heritage Committee that the
two-story structure at 1763 Santa Barbara Street be included on the Master List
of Historic Resources.
Moved by Reiss/Roalman, (4-0-1, Councilwoman Pinard absent), Resolution No. 6909
adopted including 1763 Santa Barbara Street on the Master List of Historic
Resources as recommended.
G-1 -�
C-6 HISTORICAL PRESERVATION FINANCIAL ,PROGRAM (File No. 454)
Council considered applications to the city's Historical Preservation Financial
Assistance Program.
Moved by Reiss/Roalman (4-0-1, Councilwoman Pinard absent), Resolution No. 6910
adopted approving financial support for the rehabilitation of residential
structures located at 1045 and 654 Islay Street, and 1763 Santa Barbara Street
as recommended.
C-7 TREE INVENTORY & MAINTENANCE PROGRAM (File No. 505)
Council considered a Request for Proposals for consulting services and computer
software to inventory and track maintenance activities for all trees for which
the city has responsiblity in an amount not to exceed $50,000.
Mayor Dunin felt the money would be better spent repairing the sidewalks where
there is currently root damage.
After brief discussion, moved by Raooa/Roalman, (3-1-1, Mayor Dunin voting no,
Councilwoman Pinard absent) the RFP for Tree Inventory S Maintenance Management
Program was approved, staff authorized to solicit for bids, and City
Administrative Officer authorized to award a contract as recommended.
C-8 ADVISORY BODY HANDBOOK (File No. 122)
Council considered approving minor revisions to the Advisory Body Handbook.
Moved by Reiss/Roalman, (4-0-1, Councilwoman Pinard absent), Resolution No. 6911
adopted approving the revised Advisory Body Handbook as recommended.
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APPPOINTMENTS
Al. ARCHITECTURAL REVIEW COMMISSION (File No. 123)
Council considered an appointment to the Architectural Review Commission to fill
an unexpired term ending 3/31/93.
Moved by Reiss/Roalman (4-0-1, Councilwoman Pinard absent), Curtis Illingworth
appointed to the Architectural Review Commisssion to fill an unexpired term
ending 3/31/93.
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PUBLIC HEARINGS
1. APPEAL - SIGN REGULATIONS (File No. 407)
Council considered an appeal by Sylvia Cegelis of an Architectural Review
Commission action regarding the setback of a proposed monument sign ,for HomeFed
Bank located at Santa Rosa and Marsh Streets; HomeFed Bank, applicant (continued
from 12/4/90)>.
Arnold Jonas, Community Development Director, reviewed the staff report with a
recommendation that Council uphold the action of the ARC.
Mayor Dunin opened the public hearing.
Howard McCupoin, Integrated Sign Associates, 116 Pioneer Way, El Cajon, said that
the appellant would be willing to accept the two-foot setback with reduced
landscaping.
After brief discussion, moved by Roalman/Ravva, (4-0-1, Councilwoman Pinard
absent), Resolution No. 6912 was adopted upholding the appeal and approving a
4' x 4' sign with a one-foot setback.
2. APPEAL - HOME OCCUPATION PERMIT (File No. 407)
Council considered an appeal by Gary Kunkel of a Planning Commission action to
deny a home occupation permit for a glassworking business at 1075 Capistrano
Court; Ron and Leslie Bearce, applicants (continued from 12/4/90) .
Arnold Jonas, Community Development Director, gave an overview of the staff
report with a recommendation that the appeal be denied on the grounds that the
home occupation does not comply with the Municipal Code.
Mayor Dunin opened the public hearing.
Gary Kunkel, 571 Cuesta Drive, reported on the steps the applicant had taken and
would take in the future to address neighbors' concerns and urged the Council
to uphold the appeal.
Don Ross, an architect residing at 982 Bluebell Way, said he was currently
reviewing the applicants' plans for architectural changes to the structure in
order to correct fire safety concerns and asked that the appeal be upheld.
Kelly Condron, 1080 Capistrano Court, objected to the granting of a home
occupation permit.
George Clucas, 1727 Corralitos, suggested the Council tighten regulations on home
occupation permits.
Marty Moraski, 1070 Capistrano Court, said that he was opposed to the issuance
of the permit.
Dan Eister, a County resident and a glass blower, spoke in support of the appeal.
Dottie Connor, Residents for Quality Neighborhoods, asked the Council to consider
the findings of the Planning Commission and deny the appeal.
Ron King, 1060 Capistrano Court, expressed concern that the Bearce's would
continue their glassworking business as a hobby if Council denied the .appeal
and requested that the Council deal with this issue in their findings this
evening.
Judy Sharp, a glassworker and County resident, spoke in support of the use
permit.
Rod Manz, 571 Cuesta Drive, told the Council he believed the Bearce operation
is safe.
G -e -9
Dave Wilson, 333 Elks Lane, a glass worker, said he felt glassworking was a safe
artistic endeavor and supported the appeal.
Marty Williams, a Cambria resident, spoke to the safety of glassworking and
supported the appeal.
Leslie Hearce, the applicant, urged Council to support their appeal and issue
the permit.
Will Hearce, 298 Pismo Street, supported the appeal.
Jim Longabaugh, 1055 Capistrano Court, was against the issuance of the permit
due to traffic concerns.
Ron Hearce, the applicant, cited the changes that have been made since the
Planning Commission hearing and urged support of the appeal.
Mayor Dunin, closed the public hearing.
Mike Dolder, Fire Chief, clarified fire safety issues that had arisen during the
public comment period and addressed the issue of the Hearce's continuing their
glassworking as a hobby.
Arnold Jonas reiterated that denial of the appeal was based on the home
occupation's nonconformance to the Municipal Code and not solely on fire safety
concerns.
After discussion, moved by Roalman/Raopa, (4-0-1, Councilwoman Pinard absent),
Resolution No. 6913 adopted denying the appeal for a home occupation permit for
a glassworking business at 1075 Capistrano Court and upholding the decision of
the Planning Commission as recommended.
3. APPEAL - PAVEMENT EXCEPTION (File No. 407)
Council considered an appeal by Steven Frank of a Hearing Officer action to deny
a driveway width exception for an industrial deep lot subdivison (MS 90-168)
located at 3580 Sacramento Drive; Robison Electronics, subdivider.
Arnold Jonas, Community Development Director, gave the staff report with the
notation that the increased driveway width being required was from 20 feet to
24 feet.
Mayor Dunin opened the public hearing.
Steven Frank of 440 Country Club Drive, the appellant and the applicant's
representative, gave the Council pictures of the existing driveway, pointing out
the utilities that would have be moved in order to widen the driveway, and asked
the Council to allow the existing roadway to remain.
Ted Jergenson, 220 Machado Lane and an employee of ,Robison Electronics, said he
uses the driveway daily, there are no traffic problems and the 20 foot roadway
is more than adequate.
Mayor Dunin closed the public hearing.
After further discussion, moved by Rapp/Dunin (4-0-1, Councilwoman Pinard
absent), Resolution No. 6914 adopted approving Minor Subdivison 90-168 and
upholding the appeal for a requested exception to driveway width standards as
amended to include conditions that in the event existing access easement to
Ricardo Court is terminated, the paved access driveway to Parcel B shall be
widened to 24 feet and that if access to Parcel A is taken from the access
driveway in the stem of Parcel B, the paved access driveway shall be widened to
24 feet.
4. APPEAL - FENCE HEIGHT EXCEPTION (File No. 407)
Council was to have considered an appeal by Randy Estes of a Planning Commission
action to approve a fence height exception to allow an 8-foot high fence/wall
at 790 Foothill Boulevard, Mike Charles, applicant.
Appeal was withdrawn prior to the meeting at the request of the appellant.
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BUSINESS ITEMS
5. MODIFYING SPEED LIMITS - (File No. 774)
Council considered an ordinance amending Section 10.56.010 of the Municipal Code
modifying the speed limit on Tank Farm Road from Morning Glory Way to Orcutt Road
from 50 mph to 45 mph.
Dave Romero, Public Works Director, reviewed the staff report with a
recommendation that the ordinance be passed to print.
Moved by Raooa/Reiss, Ordinance No. 1183 passed to print amending Section
10.56.010 of the Municipal Code modifying the speed limit on Tank Farm Road from
50 mph to 45 mph between Morning Glory Way and Orcutt Road as recommended.
6. REFERENDUM - TRACT 1750 (File No. 324)
Council considered certifying the Referendum petition circulated against
Ordinance No. 1179 (a 353 unit residential development project) and whether to
present the issue to the voters at a special or regular election for the purpose
of voting to approve or deny the ordinance.
Moved by Roalman/Ravoa (4-0-10 Councilwoman Pinard absent), Council received and
filed the Certificate of Sufficiency as recommended.
Moved by Roalman/Raooa (4-0-1, Councilwoman Pinard absent), Council continued
its consideration of placing the measure on the ballot at a Regular or Special
Election or whether to repeal the ordinance was continued to the January 2, 1991
meeting.
7. ADVISORY BODY SUBCOMMITTEE APPOINTMENTS FOR 1991 (File No. 122)
Council considered Council Subcommittee appointments for the period December 1,
1990 through November 30, 1991.
Councilwoman Rama suggested that the Solid Waste Coordinator, Cynthia
Butterfield, should serve as alternate to the Solid Waste Task Force.
Councilman Roalman volunteered to serve as representative to the CMC Advisory
Committee..
Moved by Ravva/Reiss (4-0-10, Councilwoman Pinard absent), Council Subcommittee
appointments for the period December 1, 1990 through November 30, 1991.
8. APPOINTMENT OF VICE MAYOR
Council considered acknowledging the efforts of the outgoing Vice Mayor and
appointing a new Vice Mayor for 1991.
Council acknowledged outgoing Vice Mayor Jerry Reiss.
Mayor Dunin asked for nominations for the new Vice Mayor.
Moved by Ravva/Dunin (4-0-11 Councilwoman Pinard absent), Bill Roalman was
appointed Vice Mayor for calendar year 1991.
11:00 p.m., there being no further business to come before the City Council,
Mayor Dunin adjourned the meeting of the City Council to Closed Session to
discuss Spangler v. the City of San Luis Obispo. Neat City Council meeting to
held on Wednesday, January Z, 1991 at 7:00 p.m.
APPROVED BY COUNCIL:
Pam Voges, City Clerk
By: Rim Condon
Assistant City Clerk
MINUTES
ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
WEDNESDAY,JANUARY 2, 1991 -7:00 P.M.
COUNCIL CHAMBER- C17Y HALL-990 PALM STREET
SAN LUIS OBISPO,CALIFORNIA Draff MinutK
to be approved
ROLL CALL at.Council Meeting
Cuuncilmembers o;-R� — 9/
Present: Vice Mayor Bill Roalman, Councilmembers Peg Pinard, Penny Rappa,Jerry Reiss
and Mayor Ron Dunin
Absent: None
City Staff
Present: John Dunn, City Administrative Officer-, Ken Hampian,Assistant City
Administrative Officer,Jeff Jorgensen, City Attorney-, Pam Voges, City Clerk, Glen
Matteson,Associate Planner, Dave Romero, Public Works Director, Mike Dolder,
Fire Chief, Bill Statler,Finance Director, Gary Henderson, Utilities Engineer
—...............___. -------------_w...-------------------
PUBLIC COMMENT PERIOD
P.C.1. Rov Hantf, 569 Lawrence Drive,expressed concern that the Council accept public testimony on all
items, not only those that are legally held as public bearings.
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CONSENT AGENDA
Moved by Ranpa/Roalman (5-0) to approve the Consent Calendar as recommended by the City
Administrative Officer.
C-1 COUNCIL MINUTE
Council approved (5-0) the minutes as submitted of Tuesday,November 20, 1990 at 7:00 p.m.,and Monday,
December 10, 1990 at 9:00 a.m.
C-2 CONTRACT PAY ESTIMATES
Council considered contract pay estimates and change orders as recommended.
Contract pay estimates and change orders approved (5-0) and ordered paid as recommended.
C-3 MODIFYING SPEED LIMI (File No.774)
Council considered giving final passage to Ordinance No. 1183 amending Section 1056.10 of the Municipal
Code modifying speed limits on Tank Farm Road between Morning Glory Way and Orcutt Road from 50 to
45 mph.
Moved by Rapp/Roalman (5-0) final passage was given to Ordinance No. 1183 amending Section 1056.010
of the Municipal Code modifying speed limits on Tank Farm Road between Morning Glory Way and Orcutt
Road from 50 to 45 mph as recommended.
City Council Minutes Page 2
Wednesday,January 2,1991 -7:00 p.m.
C-4 NACIMiENTO WATER PROJECT (File No.517)
Council considered requesting the Board of Supervisors to work with Monterey County water officials
regarding the use of the Nacimiento Water Project as a long-term water source.
Moved by RaDua/Roalman (5-0) to adopt Resolution No.6914 urging the Board of Supervisors to initiate
discussions regarding Nacimiento as a supplemental water source as recommended.
C-5 SETTLEMENT-SPANGLER V. CITY (File No. 189)
Council considered authorizing a settlement in the can of Michael Spangler v.the City of San Luis Obispo
relating to alleged damages to real property at 1.43 Higuera Street.
Moved by Rauua/Roalman (5-0) to adopt Resolution No.6915 authorizing settlement in the case of
Spangler v. City as recommended.
APPOINTMENTS
Al. PARK AND RECREATION COMMISSION (File No. 123)
Council considered nominations for appointments to the Park and Recreation Commission to fill unexpired
terms ending 3/31/91 and 3/31/92.
Moved by Rapp/Roalman (5-0) to appoint Leen Hagmaler to the Park and Recreation Commission to
fill an unexpired term ending 3/31/92 and Leslie Vartanian to a term expiring 3/31/95 as recommended.
A2. PLANNING COMMISSION (File No. 123)
Council considered an appointment to the Planning Commission to fill an unexpired term ending 3/31/94.
At the request of Councilman Roalman this item was continued to a future council meeting until after
interviews are held.
COUNCIL LIAISON REPORTS
Councilman Roalman reported on recent actions taken by the County Water Advisory Committee relative to
State Water.
PUBLIC HEARINGS
1. SIDEWALK ASSESSMENT (File No.533)
Council considered the confirmation of costs to property owner,Marcel Cote',for curb,gutter and sidewalk
improvements at 521 Funston (continued from 12/04/90).
Dave Romero, Public Works Director,reviewed the agenda report with the recommendation that Council
adopt a resolution confirming costs for improvements as recommended.
Mayor Dunin declared the public hearing open.
Marcel Cote'expressed some concern about the payment schedule. He wanted to be sure he could pay this
over a 3-year period.
City Council Minutes page 3
Wednesday,January 2,1991 -7.00 p.m.
Mayor Dunin declared the public hearing dosed.
Atter brief discussion,moved by Ranua nard (5-0) Resolution No.6916 was adopted confirming costs for
Improvements at 521 Funston as recommended by staM
BUSINESS ITEMS
2. MOVING ELECTION DATE (Fide No.324)
Council considered moving of the City's election date and other pending election issues.
Pam Voges,City Cleric,explained that the next four Issues are election related with the first regarding
moving the City's election date from November of odd years to June or November of even years.
She stated the issue came up as the result of a recent Board of Supervisors action to allow requests by
several county school districts to move their election dates to the State and County's general election held in
November of even years.
Because the City is a chartered city,the change must be voter approved. It would greatly reduce election
costs because it would consolidate elections with the County,State and National elections being held at the
same time. Leaving the election In November of odd years without benefit of the school districts would
increase the City's pro rata share by approximately$14,000 with a reduced voter turnout between 3 and 5
per cent If the election was moved and consolidated with the State and Board of Supervisors races,the
election could be held as tow as$18,000 for an overall savings of$27,000 each election and, Increase voter
turnout by as much as 100 per cent from the City's current 35 per cent to as much as 70 per cent.
A major disadvantage in moving the election date is the argument that local issues can become more
obscured by state and county issues and provide less of an opportunity to Identify local candidates and
measures.
She stated a Charter initiative would be required to move the election and the Council could hold a Special
or Regular Election for that purpose.
She suggested that the Council discuss the other issues before it this evening prior to identifying spec
wording on the measures. If the Council was not interested in moving the election date no action was
required at this time.
Councilwoman Pinard questioned whether the additional voters who would vote in the gubernatorial and
presidential elections actually voted for local measures as well.
Mayor Dunin asked for public comment.
Martha Schwartz spoke In support of leaving the election date as It Is.
Roy Hang also felt that the election date,although more expensive,would be better left in the odd year to
allow sufficient opportunity for review of specific local issues.
Don Smith spoke in opposition to moving the election date.
Tim Farrell also opposed moving the election date.
Mayor Dunin dosed the public portion.
City Council Minutes Page 4
Wednesday,January 2,1991 -7.00 p.m.
Councilman Roalman stated he was in support of moving the election date from the odd year to the even
year but he did not feel that a special election was warranted for this purpose.
Councilwoman RaBPa felt it would be confusing by placing these Issues at a June election. It was her
preference to move the election date to provide better turnout and reduce costs. She could support
November of the even year.
Councilman Reiss also was conceived about costs and could support putting the ballot in November of even
years.
Councilwoman Pinard said she could not support a November change. If the date needed to be changed at
all,she would support moving it to the June primary, but her primary position would be to leave it as is to
ensure that local issues get the attention they deserve.
Mayor Dunin supported November of even years.
Atter discussion and by general consensus to move the City's regular election date to November of even
numbered years.
3. STATE WATER PROJECT (File No.324)
Council considered a ballot measure concerning the State Water Project (continued from 11/17 and
12/11/90).
Ken Hamuian,Assistant City Administrative Officer,reviewed the agenda report with the recommendation
that Council determine the timing for an election concerning City participation in the State Water Project.
And, further,whether or not the election should be binding or advisory.
He stated that on July 31, 1990,the Council approved in concept the holding of an election regarding City
participation in the State Water Project. The Council directed staff to begin a dialogue with the County
relative to holding an election on a countywide consolidated basis. That had proved unfruitful and since
that time, staff has a better understanding of the possible scenario for elections occurring within the San
Luis Obispo and Santa Barbara Counties.
He stated that November 1991,may be the last opportunity to put the Issue before the electorate. This is
because of a kind of"domino effect"which is expected to be triggered by Santa Maria in January 1991,and
will ultimately impose a deadline on both Santa Barara County and our county.
He stated that the timeframe for completing the final EIR for the coastal branch and the local projects may
affect the Council when it determines to schedule the State Water Project issue for an election. According
to the State Department of Water Resources,due to the volume of comments received regarding the draft
EIR,the State did not anticipate certification of the final document until the Spring of 1991.
He stated that although this is primarily a philosophical issue,it may be helpful for Council to consider
this question in the context of election timing. If it Is considered advantageous to schedule the issue for an
early special election,the Council may prefer an advisory election so that community input is obtained at
an early time but a final decision deferred until the EIR is available. Whether the Council chooses a
binding or advisory vote,the specific ballot language will be a matter of importance.
Councilman Roalman stated he would like to see the State Water issue at the November election.
Councilwoman Ranoa would like to see a special election and place this at that time.
Councilman Reiss would prefer the elections consolidated and placed at a special election as an advisory
vote only.
City Council Minutes Page 5
Wednesday,January 2, 1991 -7:00 p.m.
Mayor Dunin supported a special election also as an advisory vote.
(Please see end of Item No.5 for final action taken on this.)
4. WAT.E.R. INMATIW (File No.314)
Council considered an analysis of the WAT.E.R. Initiative (continued from 12/4/90).
John Dunn.City Administrative Officer,explained for the Council that there was an amendment to the
recommendation of the staff report to: (1) Receive the stat[report analyzing the potential impacts of the
WAT.E.R. Initiative and direct the City Clerk to place the measure on the ballot for action by the voters of
San Luis Obispo;and (2) Formally oppose the WAT.E.R. Initiative based on the key points outlined In the
staff report but not direct stat[to draft the appropriate ballot argument.
Ken Hampian.Assistant City Administrative Officer,explained that the WAT.E.R. Initiative had qualified
for the next regular municipal election but,consistent with state law,Council had referred the initiative to
staff for an analysis of its potential impacts on December 4,1990,and the analysis was identified as follows:
(1) The initiative's requirement that mandatory rationing be terminated within one year,even ander
drought conditions,could result in the City exhausting its reservoir supply In approximately one year, (2)
The initiative wrongly assumes that the potential negative consequences of ending rationing during the
drought can be avoided if only the City would "expedite its own efforts to find,treat,and supply water". He
said that City efforts to bring other supplies "on line" are already being pursued as agressively as possible.
In the last eighteen months over$1.75 million had been spent to develop additional water supplies; over fifty
test wells had been drilled;approximately 1,500 acre feet of ground water had been brought on line and,
numerous other projects including desalination were being pursued. (3) The issue that the WATJLR.
Initiative could result in severe financial consequences to the City and to Its residents. For a variety of
reasons the initiative can result in: (a) a burden of low-yielding,poor quality,highly expensive water
projects technically and economically unrealistic (b) the inability of the City to exercise sound financial
decision making; (c) reduction In general fund service levels such as police and lire protection;and (d)
severe damage to the local economy. (4) The initiative ignores such things as environmental impacts,
growth management,consistency with the general plan,safe annual yield and,water quality. (5) The
initiative raises several significant legal issues including"Impairing essential government functions".
Mayor Dunin asked for public comment.
Leslie Bearce, 1075 Capistrano,spoke in support of the WAT.E.R. Initiative.
Richard Kransdod, 160 Graves Ave.,spoke in opposition of the ordinance and urged It placed on the ballot.
Gary Kunkel,571 Cuesta,spoke In support of the initiative and read a prepared statement into the record,
(please see File No.324).
8:45 p.m.Mayor Dunin declared a recess.
9:00 p.m. City Council reconvened;all Councilmembers present.
Vice Mayor Roalman felt that the initiative was politically motivated and would not support it.
Councilwoman Rauna agreed.
Councilwoman Pinard concurred with statements by Rappa and Roalman.
Councilman Reiss felt that the ordinance should be sent to voters; he would not support it.
C -1 -�
City Council Minutes Page 6
Wednesday,January 2,1991 -7:00 p.m.
After discussion,moved by Rapg@Mnard (5-0) to receive the staff report analyzing the potential Impacts of
the WAT.E.R. Initiative and directed the City Clerk to place the measure on the ballot for action by the
voters at a Special Municipal Election to be held Tuesday,April 9.1991.
Moved by Ranpa1Pinard (4-1,Mayor Dunin voting no) to formally oppose the WAT.E.R. Initiative for the
reasons outlined in the staff report.
S. REFERENDUM -TRACT 1750 (EDNA-I I,A)I (File No.324)
Council considered placement of the Referendum of Tract 1750 at a Regular or a Special Election or to
repeal the ordinance.
Pam Y=s,City Clerk,reviewed the agenda report with the recommendation that Council• (1) Repeal the
ordinance against which the petition is tiled;OR (2) By general consensus,support placing a ballot
measure at the next Regular Municipal Election to be held on Tuesday,November 5, 1991,for the purpose
of giving final passage to Ordinance No.1179: OR (3) By general consensus,place the measure at a Special
Municipal Election at a date to be determined.
She stated that on October 2, 1990,the Council took action on a 3.2 vote,Councilmembers Pinard and
Roalman voting no, to give final passage to Ordinance No.1179.
This ordinance approved the planned development of Tract 1750,commonly known as the Edna-Islay
Development Project,and would amend the zoning regulations allowing 353 residential dwelling units off
Tank Farm Road east of the railroad tracks. A referendum petition was circulated and filed within the
thirty days of its adoption and later certified as having received the required ten percent of the City's voters
qualifying it for the General Election. Council must now: (1) Place the ordinance at the City's next Regular
Election; (2) Repeal the ordinance; OR(3) Place it at a Special Election to be held anytime sooner.
Mayor Dunin opened the public hearing.
Roger Picauet representing Pacifica Corporation, 1104 Palm Street,spoke in support of the project and was
available for questions.
Phil Ashley felt that the Council should require an environmental Impact report and not place the item on
the ballot.
John Chestnut.314 Higuera,urged placement of this on the ballot
Moved by RoalmanfRanna (5-0) to receive and file the certificate.
Moved by Rappa/Dunin (3-2,Councilmembers Pinard and Roalman voting no) to adopt Resolution No.
917 giving notice of holding a Special Election on Tuesday,April 9, 1991.
Moved by Ranna/Reiss (4-1,Councilwoman Pinard voting no) to place the issues related to: (1) Moving
the election date; (2) State Water Project; (3) WAT.E.R. Initiative; (4) Referendum on Tract 1750 at the
Special Election.
11:00 p.m.,there being no further business to come before the City Council, Mayor Dunin adjourned the
meeting to Tuesday,January 15, 1991,at 630 pm.
APPROVED BY COUNCIL
PV:san Pam Voges, City Clerk
C'
�2-ry-yr
MINUTES
CLOSED SESSION OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY,JANUARY IS,1991 -6:30 P.M.
COUNCIL HEARING ROOM- CITY HALL-990 PALM STREET
SAN LUIS OBISPO,CALIFORNIA
630 p.m.Closed session was held to discuss litigation regarding Bolivar v. City of San Luis Obispo.
7:00 p.m.There being no further business to come before the City Council,Mayor Dunin adjourned at 7:00 p.m.
to hold the City's Regular Meeting.
Dfa4t Minutes
MINUTES
to be approved
ti
il M
t Council een
REGULAR MEETING OF THE CITY COUNCIL a 9
CITY OF SAN LUIS OBISPO _ �!/�
TUESDAY,JANUARY 15,1991 -7:00 P.M.
COUNCIL CHAMBERS -CITY HALL-990 PALM STREET
SAN LUIS OBISPO,CALIFORNIA
ROLL CALL
Councilmembers
Present: Vice-Mayor Bill Roalman,Councilmembers Peg Pinard,Jerry Reiss,and Mayor Ron Dunin
Absent: Councilmember Penny Rappa
City Staff
Present: John Dunn,City Administrative Officer, Ken Hampian,Assistant Administrative Officer,
Glen Matteson,Associate Planner,Jeffrey Jorgensen,City Attorney, Pam Voges, City Clerk;
Arnold Jonas,Community Development Director, Mike Dolder,Fire Chief;Ann McPike,
Personnel Director, Dave Romero,Public Works Director, Bill Hetiand,Utilities Director,
John Moss,Wastewater Division Manager
------------
PUBLIC COMMENT
P.C.1. Gary Kunkel submitted a letter requesting an amendment to the water rationing measure. Atter brief
discussion,staff directed to bring back revised language as suggested by City Attorney,Jeff Jorgensen.
~ � PRESENTATIONS _....
A. Mayor Dunin made a presentation to outgoing Fire Chief,Mike Dolder.for his eight plus years of service
to the community.
B. Mayor Dunin presented a plaque to outgoing Vice-Mayor Jerry Reiss. having served one year as vice-
mayor.
C. Second annual BIA Beaatil9Cation awards. Mayor Dunin presented the award for best maintenance.
Councilman Roalman presented Best Merchandising, Councilwoman Pinard awarded Best Remodeling,
Councilman Reiss, Best New Construction. The special award was presented by the Mayor, as well as the
Mayor's Award for Overall Excellence. (Please see File 102 for the list of other presentees and recipients.)
City Council Minutes Page 2
Tuesday,January IS,L991
CONSENT CALENDAR
Moved by Roalman/Pinard to approve the Consent Calendar as recommended by the City Administrative
Officer,with the exceptions of C-1,C-3,and C-S as noted. (4-0-1,Councilwoman RaRRa absent)
C-1 CLOUD SEEDING SERVICE (File No.517)
Council considered an agreement for cloud seeding services in an agreement with the County of San Luis
Obispo to participate in the project.
Mr.Lionel Dennis Johnston.1088 Price Street,urged the Council not to approve the proposal. He felt that it
was a poor use of City resources.
Mr.Joseph B.Adams.Jr,of the Peach Tree Inn Motel,also spoke against the proposal.
Moved by Roalman/Reiss (3-1-1,Councilwoman Pinard voting no, Councilwoman Rappa absent) to approve
agreement for cloud seeding services with Atmospherics,Inc. (A01-91-CC)in an amount not to exceed$387,400
for a three year period and agreement approved with the County Water Conservation District (A02-91-CC)
relating to cloud seeding as recommended.
C-2 COUNCIL COMPENSATION (File No.313)
Council considered a recommendation by the Council Compensation Committee regarding the City Council
Compensation package for the two year period January 1,1991 through December 31,1992. Recommendation
of the Council Compensation Commitee approved and Resolution No.6587 to remain in effect as recommended.
(4-0-1, Councilwoman Rappa absent)
C-3 CHARTER AMENDMENT (File No.324)
Council considered a charter amendment to allow the City to move its election from November of the odd
numbered years to November of the even numbered years (Continued from 1/2/91).
Moved by Roalman/Reiss, Resolution No. 6920 was adopted (3-1-1 Councilwoman Pinard voting no,
Councilwoman Rappa absent) giving notice of a Special Municipal Election on April 9, 1991 to vote upon
proposed Charter Amendment to move the election date as recommended by stafE
C4 RESOLUTION OF APPRECIATION (File No.106)
Consideration of a Resolution of Appreciation to Fire Chief Mike Dolder for his many years of service to the
City.
Moved by Roalman/Pinard (4-1,Councilwoman Rappa absent),Resolution of Appreciation No.6921 adopted
for Chief Dolder as recommended.
C-S TRANSPORTATION DEVELOPMENT ACT FUND (File No. 1155.1)
Council considered the 1990-1991 annual claim for transportation deveolpment act funds totaling$819,S37.00.
Moved by RoalmanJPinard (4-0-1,Councilwoman RaBpa absent), this item was continued to date certain,
Tuesday, February S, 1991 at the request of Councilwoman Pinard for full complement of the Council,
tentatively scheduled for February S,1991.
City Council Minutes Page 3
Tuesday,January 15,1991
C-6 SPECIAL ENGINEERING SERVICES (File No.511)
Consideration of amending the Agreement to provide special engineering services pertaining to the water
distribution and supply system.
Moved by Roalman/Pinard(4-0-1,Councilwoman RapR$absent)Amendment No.2 approved to the agreement
(A13-90-CC)with Boyle Engineering for engineering services pertaining to groundwater program at a cost not
to exceed $30,000 as recommended.
C-7 UTILITIES PROTECT-WASTEWATER TREATMENT PROJECT (File No.R-28S)
Consideration of rejecting bids for the Wastewater Treatment Plant Improvements Project, Unit 3
Improvements,City Plan No.R-28S,and direct staff to readverlim.
Moved by Roalman/Pinard (44-1, Councilwoman Rapp absent) all bids rejected and staff directed to
readvertise for bids as recommended.
------------
APPOINTMENTS
Al. PLANNING COMMISSION (File No. 123)
Council considered an appointment to the Planning Commission to till an unexpired term ending 3/31/94
(continued from 1/2/91).
Moved by Mayor Dunin/Councilman Reiss to appoint Dodie Williams to the Planning Commission to fill an
unexpired term ending 3/31/94 as recommended(3-1-1,Councilman Roalman voting no,Councilwoman Rapp
absent).
PUBLIC HEARINGS
1. WASTEWATER TREATMENT PLANT EXPANSION EIR (File No.525)
Council held a public hearing to consider A) certification of the environmental impact report supplement for
the revised wastewater treatment plant upgrade project;B)an application to the State Water Resources Control
Board for a low-interest loan for the revised wastewater treatment plant project;and C) conceptual approval
for the revised wastewater treatment plant upgrade project (continued from 8/7/90).
Glen Matteson, Associate Planner, reviewed the agenda report explaining that the City is upgrading its
wastewater treatment plant to meet state water quality standards. The Council certified an environmental
Impact report for the project in March 1990. Since the EIR was certified,project designers recommended some
changes to the previously proposed project in response to preliminary Council direction. The proposed changes
include different chemical processes and some treatment steps,different locations for some equipment and for
the point of discharge to San Luis Obispo Creek,use of two new tanks rather than existing ponds to equalize
daily flows,and a new laboratory and Administration Building. The new equipment locations would require
changes to the City's existing bus maintenance yard. Four major concerns that emerged were the view of the
site from the highway,bus parking,smells and health effects of upstream discharge,and the creation of ponds.
It was his recommendation that Council adopt the resolution that would certify the EIR supplement as
recommended in the staff report.
Bill Hetland, Utilities Director,briefly reviewed the agenda report concerning the wastewater treatment plant
improvements and project revisions and stated he was asking for Council to provide conceptual approval of
the revised unit for wastewater treatment plant improvements and approve the use of a state revolving fund
loan to fund the revised project The total cost of the upgrades is currently estimated at 35 million dollars.
�- 1 -Zr
City Council Minutes Page 4
Tuesday,,January 15,1991
The City had applied for a low-interest loan from the state to help fund the projects. The state requires that
loan applicants hold a public hearing to consider concept approval of the proposed project and approve the
use of the SRF loan monies for funding of the project.
Mayor Dunin declared the public hearing open.
Ron Holland, Carrisa Court, San Luis Obispo,expressed concern about the location of the outflow location,
explaining that it not only had unpleasant odors,he felt it was dangerous for children who play in the creek
near that area.
Don Wright Carrisa Court, echoed comments made by Mr. Holland. He felt that the odors and the health
issues were sufficient to leave the outflow location where it currently is.
Rick Crocker. property owner near the subject area,also expressed concerns about the suds coming from the
outflow location.
Maggie Van Vincent,a nurse,and living in The Meadows,also expressed concerns about the odor and health
problems.
Mayor Dunin declared the public hearing closed after staff responded to several questions.
Moved by Roalman/Mayor Dunin to adopt the Resolution No. 6922 (441-1,Councilwoman RAPBa absent) to
certify the environmental impact report supplement
Moved by Roalman/Reiss to approve the use of a state revolving fund loan to fund the revised project as
recommended (4-0.1,Councilwoman Ranna absent).
After discussion moved by Pinard/Roalman to provide conceptual approval to the revised wastewater treatment
plant improvements reserving the outflow location and bus facilities issues. Motion carried, (4-0-1,
Councilwoman Rauna absent).
Then moved by Roalman/Reiss to keep the outflow in Its present location. Motion carried (4-0-1,
Councilwoman Ragpa absent).
Moved by Mayor Dunin that staff prepare a report on how the present Fire Department facility is being used
and why it is in such a poor visual condition. Motion failed for lack of a second
Moved by Pinard/Mayor Dunin to ask Councilman Roalman to ad as liason with ECOSLO urging them to
clean up the site. No final action taken.
2. APPEAL- HOMESTEAD MOTEL (File No.407)
Council held a public hearing to consider an appeal by JJ.Shan of an Architectural Review Commission action
to deny an exception to the Sign Regulations to allow a nonconforming freestanding sign at 920 Olive Street,
the Homestead Motel (ARC90-100); Elmer and Shirley Diehl,managers.
_Arnold Jonas, Community Development Director,reviewed the agenda report stating that the signage of the
Homestead Motel has been In violation of the Sign Regulations since 1982. The ARC first reviewed signs at
this site in January 1983, but the item was continued to allow further study of sign location size and height
The applicant did not return with those revisions and the project was denied without prejudice on October 17,
1983. In 1987 and in 1990, the Homestead Motel was cited for violations. At this point Council was being
requested to adopt a resolution to deny the appeal and concur with the action of the Architectual Review
Commission to deny the exception.
G - � - 02
City Council Minutes Page 5
Tuesday,January 15, 1991
Mayor Dunin declared the public hearing open.
Elmer Diehl, manager of the Homestead Motel, spoke in support of his appeal. He felt that the sign
represented their"bread and butter"and that It was important to be allowed to retain their sign as it was.
Mayor Dunin declared the public hearing dosed.
After brief discussion, moved by Roalman/Pinard, Resolution No. 6923 was adopted denying the appeal (3.
1.1, Mayor Dunin voting no, Councilwoman Ragpa absent) and concurred with the ARC action to deny the
exception as recommended by stall
3. APPEAL- DEMOLITION PERMIT (File No.407)
Council held a public hearing to consider an appeal by Joe Bond of a condition which the Architectural Review
Commission placed on a demolition request for two houses and a garage at 2572 and 2574 Lawton Street;Jerry
Vieth,applicant
Arnold Jonas,Community Development Director,reviewed the agenda report stating that in December of 1990,
the ARC had reviewed a demolition request for two small houses and a garage at 2572 and 2574 Lawton Street.
The demolition request is part of a minor subdivision proposal. The applicant wished to remove the structures
because they crossed proposed new lot lines and would preclude access to the new lots. The ARC had
recommended one finding and two conditions. The appellants were opposed to condition Number 2, which
reads "The design of the new houses shall be at least as compatible with the neighborhood as the existing
house in terms or massing,architectural style,and height." It was the recommendation that Council adopt a
resolution which would uphold the appeal, but only if approval of the minor Subdivision 90-286 includes a
condition accomplishing the same intent as the appealed ARC condition.
Mayor Dunin asked for public comment.
Alan Coopermember of the Architectural Review Commission, explained that had this project had an "S"
designation,it might have made a difference in their recommendation. He also urged that some clarification
be made as to how the demolition permit process works.
ce Boud,representing Jerry Vieth,the applicant,spoke In support of their request and of the condition urging
that it be deleted or amended.
Mel Santos, representing his mother-in-law who lived on Caudill Street,urged that the project be Inkeeping
with neighborhood compatibility.
a Fick s,564 Mitchell,was concerned about the building envelope,hydrologic run-off,and riparian habitat
Mayor Dunin declared the public hearing dosed.
After discussion,moved by Roalman/Mayor Dunin to adopt Resolution No.6924 (4-0-1,Councilwoman Rappa
absent) to uphold the appeal and include a condition accomplishing the same intent as the appealed ARC
condition,which was recommended by the stag
Councilwoman Pinard requested that the demolition ordinance come back for review and also that the Fire
Department not approve any additional burns while the city is in a state of drought.
4. TENTATIVE MAP-2572 AND 2574 LAWTON STREET (File No.430)
Council held a public hearing to consider a tentative map creating three lots from two on the eastern side of
Lawton Street between Mitchell Drive and Caudill Street;Jerry and Janet With subdividers.
City Council Minutes Page 6
Tuesday,January 15, 1991
Arnold Jonas. Community Development Director,reviewed the agenda report with the recommendation that
Council adopt the resolution to approve the tentative map with an exception to the lot depth requirement
subject to findings,conditions,and code requirements as recommended in the staff report.
Mayor Dunin declared the public hearing open.
Ice Boud,representing the applicant,spoke in support of the tentative map.
Frank Brown. 168 Caudill, and representing his mother-in-law, expressed concern about the drainage of the
property near her home, off of Caudill.
Mayor Dunin declared the public bearing closed.
Councilwoman Pinard wanted to be sure that the ARC was reminded that the reason the Council wanted a"S"
designation is because of their concerns of the building envelope and hydologic ran-off.
Councilman Roalman was also concerned about the drainage ditch and how it would affect the riparian habitat,
questioning if the lot lines could be adjusted to address the concern.
After discussion, moved by Reiss/Mayor Dunin to adopt the resolution approving the tentative map with an
exception to the lot depth requirements subject to findings,conditions,and code requirements as recommended
in the staff report on Page 44 with an explanation as to why the Council would support an S designation.
Motion failed on a 2-2-1, Councilmembers Pinard and Roalman voting no, Councilwoman Ranpa absent. It
was then moved by Pinard/Roalman to continue this item to date certain,February 5,1991 for fall complement
of the Council. Motion carried unanimously (4-0-1, Councilwoman RaBna absent).
S. TENTATIVE MAP-3935 POINSETTIA (File No.410)
Council held a public hearing to consider a tentative map for Tract 1358 creating 12 residential lots at 3935
Poinsettia and a Specific Plan amendment to eliminate portions of two streets intended to extend into adjacent
County area.
At the request of staff, this Item was continued without discussion by motion of Roalman/Pinard to date
certain,Tuesday, February 5, 1"1. (4-0.1, Councilwoman Raoua absent).
There being no further business to come before the City Council,Mayor Dunin adjourned the meeting at 11:10
p.m. to Tuesday,January 22,1991 at 7:00 p.m.
APPROVED BY COUNCIL
PV:cmh Pam Voges,City Clerk