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HomeMy WebLinkAbout05/05/1976M I N U T E S ADJOURNED MEETING OF THE CITY COUNCIL CITY OF SAN LUIS OBISPO WEDNESDAY, MAY 5, 1976 - 12:10 P.M. CONFERENCE ROOM, CITY HALL SAN LUIS OBISPO, CALIFORNIA Roll Call Councilmen PRESENT: Myron Graham, T. Keith Gurnee, Steve Petterson and Mayor Kenneth E. Schwartz ABSENT: Jesse Norris City Staff PRESENT: J.H. Fitzpatrick, Acting Administrative Officer /City Clerk; Wayne Peterson, City Engineer; Dave Romero, Public Services Director; Paul Landell, Jr., Civil Engineering Assistant; Rob Strong, Community Development Director; William Flory, Director of Parks and Recreation; Jack Kellerman, Chief Building Inspector Others PRESENT: Bert Townsend, County Health Department 4. At this time the City Council held a public hearing on the County -Wide Solid -Waste Management Plan adoption. (The hearing was continued from Monday, May 3, 1976). Bert. Townsend, Coordinator for the Solid -Waste Management Planning Project, ' reviewed for the City Council the preliminary County -Wide Solid -Waste Management Plan for the entire County. Some of the points that Mr. Townsend presented were: 1) A meaningful and equitable rate setting procedures coupled with financial auditing of solid -waste handlers. 2) A mandatory garbage collection system in all areas of the county. 3) A four - location test system of rural container stations which would be followed by an expanded permanent system. 4) A pilot project (SORT) would be initiated for resource recovery through source separation. 5) There would be continued appraisal of resource recovery potential for applications. 6) The existing disposal sites would be maintained and upgraded with county purchases via the capital improvement program of some presently leased sites. 7) With few exceptions present disposal sites would last for over 25 years. ' 8) He reviewed the Class I sites (The Casmalia - Santa Barbara County site. and the Coalinga (Fresno County site) which would serve the county and would not require this county to arrange for such a disposal area. 9) This plan also calls for the establishment of a solid -waste management administrative agency within the Engineering Department and formalization of an enforcement and litter control function in the Health and Planning Departments. 10) Financing for most operations would be through user fees. Tax support of solid -waste management was to be minimized except for the financing of litter management. Land use fees would be established in some areas for financing of disposal operations. Some grant funds were also antici- pated. City Council Minutes May 5, 1976 Page 2 The City Council discussed with Mr. Townsend, various aspects of the proposed solid -waste plan for the County of San Luis Obispo. Mayor Schwartz declared the public hearing open. No one appeared before the Council for or against the proposed plan. Mayor Schwartz declared the public hearing closed. On motion of Mayor Schwartz, seconded by Councilman Gurnee, that the City , Council direct a letter to be sent to the Board of Supervisors asking for a Study Session dealing with the proposed solid -waste management plan for the County of San Luis Obispo, stating that the City found the plans satisfactory at this point, however, are especially concerned over matters of handling nuclear waste with local authorities to implement accidental management, but no voice - in the transportation plan or routes that would reduce the risk. The Board was also to be advised the City Council had great concern over nuclear transportation of waste and hoped for more authority to the local authorities to control the waste disposal problem and also request a greater participation of the County and local officials with the United States Government in every decision dealing with the transportation of nuclear waste. Council also suggested that one way to accomplish this would be for the Board of Supervisors to request the Federal authorities to meet with the Council and City officials to provide adequate information on this matter. Motion carried with Councilman Norris absent. 1. Report from David F. Romero, Public Services Director, on the cost to repair City facilities damaged by Lawrence Bordan, contractor, for removing the debris from the'Obispo Theatre fire building. (Continued from May 3, 1976) Total cost to the City would be $5,037.02 broken down as follows: Work done in the parking lot to repair it: $ 2,681.00 Work done by the Parks Division to replace treewells and landscaping damaged by the contractor: $ 103.17 Work done in replacing parking meter heads, parking signs, cleaning and straightening, and repaint meter posts: $ 361.85 Replace the trees along Osos Street: $ 1,891.00 On motion of Councilman Petterson, seconded by Councilman Graham, that the City Administrative Officer was authorized to bill Lawrence Bordan for the cost of the repairs. Motion carried with Councilman Norris absent. 2. Memorandum from the Mass Transportation Committee asking for Council consideration of two actions taken at their April 21, 1976 meeting. (This matter continued from May 3, 1976 meeting). Item 1: On the request of Emil Tellez, on behalf of the Economic Opportunity Commission, to post one representative per week, one day per week, at the bus stop to hand out EOC literature and answer pertinent questions of passengers. The recommendation by the Mass Transit Committee was to deny this request as it was difficult enough making the changes for passengers without being interrupted with long conversations. On motion of Mayor Schwartz, seconded by Councilman Petterson, the recommendation of the Mass Transportation Committee was accepted, except to allow the bus company committee to handle questionnaires, etc. if they wish as to use of buses. Motion carried with Councilman Norris absent. ITEM 2: Appointment of an additional member to fill the position left vacant by the resignation of Wallace Martin. The matter was continued for future discussion. The City Clerk was requested to write a letter to the C.A.C. for recommendation as to an appointment to the Mass Transportation Committee. 3. Communication from the Waterways Planning Board requesting the City Council to review their position on public access to Laguna Lake through privately C 1 1 City Council Minutes May 5, 1976 Page 3 owned property. (Continued from May 3, 1976 meeting). Paul Landell, Jr., representing the Waterways Planning Board, submitted a request from the Waterways Planning Board dealing with a proposed development on the Laguna Lake property adjacent to the Junior High School. The proposal was to allow som public access through private property and the Waterways Planning Board asked the City Council to evaluate their position regarding public access to the lake through privately owned property. The conflict was between the desirability of complete preservation through denial of access to all.but the adjacent property owner and the opposite philosophy of maintaining an easement for unlimited public access which would lead to degradation of the riparian habitat. Councilman Gurnee stated that the only action of the Waterways Planning Board was they felt that the developer and grading would have.no effect on the capacity of the lake and took no action on the proposed development. The staff requested Council's.opinion on policy. On motion of Councilman Gurnee, seconded by Councilman Petterson, the matter was referred to the City staff to formulate an alternative policy and to askithe Planning Commission and Parks & Recreation Commission for approval or rejection of the proposed policy. Motion carried with Councilman Norris absent. 5. Memorandum from Rob amending the City's polic and the creation of nonco the May 3, 1976 meeting). Strong, Director of Community Development, regarding on street widening as it affects Santa Rosa Street forming conditions. (This matter was continued from Rob Strong stated that 14 properties on the northeast side of Santa Rosa Street between Monterey and Walnut Streets would be affected by the proposed 10 ft. street widening.In accordance with the City's Street Widening Policy, the City must notify by certified mail and record the fact that a property use or a condition would become nonconforming as a result of a street widening project prior to negotiation for right -of -way acquisition. Further, the General City Policy is not to approve variances to relieve nonconforming conditions arising from a street widening project, but there is nothing which precludes future rezoning or change.of the property development standards to eliminate or reduce the-nonconforming conditions. Therefore, the City's Street Widening Policy implies that the City must consider and compensate for nonconforming conditions which were created or aggravated by street widening yet does not require the owner to correct the condition-after compensation nor preclude rezoning or change of standards which can eliminate or reduce the condition for which the public compen- sation has been provided. In the staff's opinion, despite other merits of the street widening policy, it was appropriate that the City Council determine planned use as well as existing conditions along a segment of street which was being widened and to consider exceptions to normal property development standards where the widening caused a prevailing pattern found acceptable, although normally nonconforming. Specific- ally in the case of Santa Rosa Street, four of six properties with newly created nonconforming conditions involved the reduction of street yard below present minimum requirements for the particular zone and two properties involved sub- standard lot areas. Rather than require that the City compensate for this condition, which staff considered an acceptable standard for public and professional offices, staff recommended that the Council consider a zero ft. front yard for properties fronting on both sides of Santa Rosa Street. The zero ft. yard would in fact be a variance for exception to the otherwise standard requirement for 15 ft. yard for office use in the R -4 and C -N zones, but would avoid compensation for a condition which staff believed was acceptable. He then reviewed for the City Council the conditions of Resolution No. 2597 (1974 Series), a resolution of the City Council adopting a street widening policy. Following this review, he then explained using a map the problems on each property on the north side of Santa Rosa Street from Monterey Street to Walnut Street and what would happen as each building was reduced in size for the widening. City Council Minutes May 5, 1976 Page 4 The City Council held a long discussion on the implications of the conditions in Resolution 2597, in view of the 15 conditions on Santa Rosa Street for which the resolution had not been intended. It was moved by Councilman Petterson,.seconded by Councilman Gurnee, that the City Council would consider rescinding the conditions of Resolution 2597 and that the staff bring back a new proposal for the meeting of Monday, May 10, 1976. 6. The City Council discussed the San Luis Obispo County Emergency Medical Service Program. This was a program of the County Health Department and the San Luis Obispo County Emergency Medical Care Committee to assure quality emergency medical services to all residents of the County of San Luis Obispo with no-fiscal impact to the city. The state plan for emergency service was based on the premise that the injured individual had the right to expect an emergency medical service system to respond to his or her perceived urgency needs in an effective and appropriate manner. The County presented a Joint Powers Agreement for the City Council to adopt the regulation on ambulance services and licensing through the County of San Luis Obispo. On motion of Councilman Gurnee, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3048 (1976 Series), a resolution of the Council of the City of San Luis Obispo approving a Joint Powers Agreement with the County of San Luis Obispo for regulation of ambulance services. Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Petterson, Graham and Mayor Schwartz NOES: None ABSENT: Councilman Norris 8. On motion of Councilman Petterson, seconded by Councilman Gurnee, the following resolution was introduced: Resolution No. 3041 (1976 Series), a resolution of the Council of the City of San Luis Obispo increasing the capital outlay fund appropriation for the 1975 -1976 fiscal year, Account No. 40 -70. Passed and adopted on the following roll call vote: AYES: Councilmen Petterson, Gurnee, Graham and Mayor Schwartz NOES None ABSENT: Councilman Norris 9. On motion of Councilman Gurnee, seconded by Councilman Petterson, the following resolution was introduced: Resolution No. 3062 (1976 Series), a resolution of the Council of the City of San Luis Obispo authorizing the Department of General Services of the State of California to purchase certain items (1- 1,000 GPM Van Pelt Pumper on a Ford C -800 tilt cab chassis). Passed and adopted on the following roll call vote: AYES: Councilmen Gurnee, Petterson, Graham and Mayor Schwartz NOES: None ABSENT: Councilman Norris There being no further business to come before the Council, Mayor Schwartz adjourned the meeting to Monday, May 10, 1976 at 7:30 p.m. J. itzpatrick, City Clerk 1 1 r