HomeMy WebLinkAbout08/07/1990313
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, LUGUST 7, 1990 - 7:00 P.M.
COUNCIL CHAMBERS - CITY HALL. - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
ROLL CALL
Councilmembers
Present: Councilmembers Peg Picard, Penny Rappa, Bill Roalman and
Mayor Ron Dunin
Absent: vice -Mayor Jerry Reiss
City Staff
Present: Ken Hampian, Acting City Administrative Officer; Jeff
Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold
Jonas, Community Development Director; Dave Romero, Public
Works Director; Mike Dolder, Fire Chief; Harry Watson,
Transit Manager; Bill Statler, Director of Finance; Dave
Elliott, Administrative Analyst; Deb Hossli, Administrative
Analyst
--------Absent: John Dunn, City Administrative Officer
PUBLIC COMMENT
P.C.1. Richard Schmidt, 112 Broad Street, requested to speak to the
"rape" of Islay Hill.
Mayor Dunin stated that this item would be heard later in the evening, and he
could speak at that time.
Mr. Schmidt objected. No action taken.
CONSENT CALENDAR
Moved by Ravoa /Roalman (4 -0 -1, Councilman Reiss absent) the consent calendar
was unanimously approved as recommended by the City Administrative Officer..
C -1 COUNCIL MINUTES
The following minutes were approved (4 -0 -1, Counciman' Reiss absent) as
amended:
Tuesday, July 3, 1990 at 4:00 p.m. and
Tuesday, July 3, 1990 at 7:00 p.m.
C -2 CONTRACT PAY ESTIMATES
Council considered contract pay estimates and change orders.
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Tuesday, August 7, 1990 - 7:00 p.m.
Contract pay estimates and change orders approved (4 -0 -1, Councilman Reiss
absent) and ordered paid as amended.
C -3 FINAL MAP APPROVAL - TRACT 1846 (File No. 410)
Council considered giving final map approval for Tract No. 1846, a 5 -unit
industrial airspace condominium conversion at 2930 McMillan Avenue; Troy and
Colleen West, subdividers.
Moved by Ranoa /Roalman (4 -0 -1) Resolution No. 6846 adopted approving the final
map for Tract 1846 as recommended.
C -4 CURB, GUTTER & SIDEWALK IMPROVEMENTS (File No. 533)
Council considered requiring that property owner install curb, gutter and
sidewalk on the westerly side of Santa Barbara Street, between Church and
Morro Streets.
Moved by Raooa /Roalman (4 -0 -1, Councilman Reiss absent) Resolution No. 6847
adopted preliminarily determining that public interest, convenience and
necessity require the construction of curb, gutter, and sidewalk on portion of
Santa Barbara Street between Church and Morro Streets and set a hearing for
September 18, 1990 at 7:00 p.m. as recommended.
C -5 ZONING AMENDMENT - 1015 NIPOMO STREET (File No. 465)
Council considered giving final passage to an ordinance amending the zoning
regulations map to designate an area on the southwest corner of Dana and
Nipomo Streets as central commercial, with a historical and special
consideration overlay (C- C -H -S) (GP /R 1455) (continued from 7/17/90).
Moved by Ravoa /Roalman (4 -0 -1, Councilman Reiss absent) Ordinance No. 1175 was
given final passage amending the zoning map for property located on the
southwest corner of Dana and Nipomo Streets as recommended.
C -6 STATE REVOLVING FUND LOAN (File No. 517)
Council considered an application for a State Revolving Fund Loan to obtain
low interest monies to fund improvements to the City wastewater facilities.
Moved by Raova /Roalman (4 -0 -1, Councilman Reiss absent) Resolution No. 6848
adopted authorizing CAO to sign and file on behalf of the City, an application
for a State Revolving Rund Loan, certify compliance with all applicable state
and federal statutory and regulatory requirements, and execute the resultant
loan agreement (A114- 90 -CC) and any amendments as recommended.
C -7 CREEK IMPROVEMENT PROJECT (CP No. J -14H, File No. 89 -34)
Council considered awarding a contract for "Creek Improvement Project, Old
Garden Creek, Center Street to 250' Southerly ", City Plan No. J -14H
(File No. 89 -34).
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Tuesday, August 7, 1990 - 700 p.m.
Moved by Raooa /Roalman (4 -0 -1, Councilman Reiss absent) contract was awarded
to West Coast Erectors (A115- 90 -CC) in the amount of $48,820 for Creek
Improvement Project as recommended.
C -8 FEDERAL BUDGET CUT /TRANSIT (File No. 540)
Council considered approving plans and specifications for Unit 3 Wastewater
Treatment Improvements and Phase I Collection System Improvement; components
not eligible for state loan funding estimated to cost $119,000 for Unit 3
Improvements and $124,840 for Phase I Collection System Improvments.
Plans and specifications approved (4 -0 -1, Councilman Reiss absent) and staff
authorized solicitation of bids as recommended.
C -9 WASTEWATER MANAGEMENT PLAN IMPLEMENTATION (517)
Council held a public hearing to consider approving plans and specifications
for Unit 3 Wastewater Treatment Improvements and Phase I Collection System
Improvement; components not eligible for state loan funding estimated to cost
$119,000 for Unit 3 Improvements and $124,840 for Phase I Collection System
Improvements.
Plans and spcifications approved (4 -0 -1, Councilman Reiss absent) and staff
authorized solicitaion of bids as recommended.
COUNCIL LIAISON REPORTS
None received.
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PUBLIC HEARINGS
1. WEED ABATEMENT (File No. 723)
Council held a public hearing to consider the Fire Chief's report confirming
costs to eleven property owners for the removal of weeds and /or debris in
various areas of the City.
Mike Dolder, Fire Chief, reviewed the agenda report with the recommendation
that Council adopt a resolution confirming liens upon real property parcels
for weed and /or debris abatement costs in the City of San Luis Obispo, as
recommended.
Mayor Dunin declared the public hearing open.
No one spoke for or against the proposed abatement assessment.
Mayor Dunin declared the public hearing closed.
Moved by Roalman /Rapp (4 -1, Councilman Reiss absent) Resolution No. 6849
adopted confirming liens upon real property parcels as recommended. Notion
carried.
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Tuesday, August 7, 1990 - 7:00 p.m.
2. SOLID WASTE RATES /RECYCLINO IMPROVEMENTS (File No. 142)
Council held a public hearing to consider 1) recycling improvements, 2)
amendments to the Municipal Code regarding waste billing procedures,
unauthorized dumping and landfill regulation, and 3) amending the existing
franchise with the San Luis Garbage Company to require additional recycling
services.
Dave Elliott, Public Works Administrative Analyst, reviewed the agenda report
with the following recommendations; 1) adopt the recycling improvements
conceptually approved by Council on 6/18/90, 2) introduce to print an
ordinance amending the Municipal Code about solid waste billing procedures and
unauthorized dumping and landfill regulation, and 3) introduce to print an
ordinance amending the San Luis Garbage Company's franchise to require
additional recycling services. He stated that the Council at its June 18,
1990 meeting conceptually approved; 1) starting volume -based residential
service, 2) enhancing residential curbside recycling, 3) expanding commercial
recycling, 4) doubling promotion of recycling services, 5) requiring quarterly
reports of recycling activities and 6) hiring a contract solid waste
coordinator. Also at the June 18, 1990 meeting, the Council requested
clarification on some of the issues regarding multi -unit residential service
rates, volume -based service and commercial recycling. Be clarified several
issues that had come up regarding the new residential service and stated that
paper bags would be available for those who are concerned about using the
plastic economy bags, that the economy bags could be placed inside trash
receptacles other than that available from the garbage company, that yard
clippings could be put out, and that limited service would be provided for
delivering the plastic bags. They would also be made available for seniors
through the Meals on Wheels Program, hardware store, grocery stores and fast
food outlets. The garbage company would be providing a twice -a -year major
pruning pick -up service. Additional service could be provided for four
dollars.
Mayor Dunin declared the public hearing open.
Ralph Dickerson was concerned about the new policies, felt they were
confusing, and provided little flexibility. He urged Council to look at the
City and County of Santa Cruz, he felt their system was more efficient.
Chris Georae did not feel that the standard in the premium plan encouraged
people to cut back. He also questioned what was being done to recycle.the
cans that people apparently have, and why, then, a future landfill was being
budgeted for now.
Mayor Dunin declared the public hearing closed.
After brief discussion, moved by Pinard /Rappa (4 -1, Councilman Reiss absent)
to adopt the Recycling Improvements which were conceptually approved by the
Council on June 18, 1990. Notion carried.
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Tuesday, August 7, 1990 - 7:00 p.m.
Moved by Raova /Roalman (4 -1, Councilman Reiss absent) that staff be directed
to work with the San Luis Garbage Company to develop an alternative for either
plastic or paper bags and another identification system for volume based
garbage collection program. Motion carried.
Moved by Roalman /Rapp (4 -1, Councilman Reiss absent) Ordinance No. 1176 was
introduced to print amending the Municipal Code regarding Sold Waste billing
procedures and unauthorised dumping in landfill regulation as recommended.
Motion carried.
Moved by Rappa /Roalman (4 -1, Councilman Reiss absent) Ordinance No. 1177 was
introduced to print amending the existing franchise with the San Luis Garbage
Company, to require additional recycling services with minor amendments
proposed by staff. Motion carried.
3. APPEAL - EARTHLING BOOKSTORE (File No. 407)
Council held a public hearing to consider an appeal by Rosi Lusardi, of an
Architectural Review Commission decision, to deny a painted mural on the
Earthling Bookstore, located at 698 Higuera Street; Penny and Terry Davies,
owners.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt the resolution upholding the
Architectural Review Commission's action to deny the appeal.
Mayor Dunin declared the public hearing open.
Rosi Lusardi spoke in support of her appeal.
Brian also spoke in support of the appeal.
Mayor Dunin declared the public hearing closed.
Councilwoman Pinard felt that the mural would be a welcome addition, that it
was tastefully designed and she could support the appeal.
Councilman Roalman agreed.
Councilwoman RaDDa was concerned that the mural was not in keeping with the
Art in Public Places criteria. She felt there was a thin line between public
art and sign advertisments, and that the proposed mural leaned towards the
latter. Therefore, she could not support the proposal.
Mayor Dunin agreed with Councilwoman Rappa's comments.
After brief discussion moved by Pinard /Roalman (2 -2 -1, Councilmembers Rappa
and Dunin voting no, Councilman Reiss absent) to uphold the appeal. Motion
failed on a tie vote.
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Tuesday, August 7, 1990 - 7 :00 p.m.
Moved by Raoua /Roalman (4 -1, Councilman Reiss absent) to continue this item
for a full complement of the City Council. Motion carried.
4. APPEAL - ISLAY HILL TENTATIVE NAP (File No. 407)
Council held a public hearing to consider an appeal by Keith Gurnee of a
Planning Commission action to deny a tentative parcel map creating two lots
from one, 123.3 -acre lot on Islay Hill, located at 4401 Orcutt Road
(MS 89 -219); Northwind NV Corp., subdivider.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council adopt a resolution to deny the appeal and
uphold the Planning Commission's action to deny the map as recommended.
Mavor Dunin declared the public hearing open.
Keith Gurnee, representing the applicant, submitted some written suggestions
for changes to conditions #1 and #7.
Adele Stern, 4444 Orcutt Road, urged denial of the appeal and asked Council
support the Planning Commission's recommendation.
Bob .Stern, 4444 Orcutt Road, was concerned that early grading was being
allowed without the necessary permits.
Mayor Dunin declared the public hearing closed.
After discussion, moved by Roalman, to deny the appeal. Notion failed for
lack of a second.
Moved by Ravna /Pinard (3 -1 -1, Councilman Roalman voting no, Councilman Reiss
absent) to adopt Resolution No. 6850 to uphold the appeal and approve the
tentative map for Minor Subdivision 89 -219, to create two large lots from one,
with the following amendments: Condition number 1, the last sentence to read:
"The easement shall run with the land and except as required for the
development and operation of an equestrian center, authorized by conditional
use permit, shall provide the following limitations on use or alterations of
the area." Condition number 7, "The Orcutt Road pavement and frontage
improvements (including any necessary undergrounding and extension of
utilities and services) adjacent to Parcels A and B shall be constructed upon
development of Parcl A. The City Engineer may postpone any portion of the
required improvements deemed unecessary at the time of development of only a
park on Parcel A.
A Use Permit, development or further subdivision of Parcel B, shall require
all, or a part of the installation of Orcutt Road pavement and frontage
improvements (including any necessary undergrounding and extension of
utilities and services) adjacent to Parcel B. The City Engineer may postpone
any portion of the required improvements deemed unecessary at the time of
development. Orcutt Road improvements may be required prior to any
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City Council Minutes Page 7
Tuesday, August 7, 1990 - 7:00 p.m.
development of either Parcels A or H, if deemed necessary, by resolution of
the City Council."
9:00 p.m., Mayor Dunin declared a recess; 9:15 p.m., City Council reconvened,
Councilman Reiss absent.
S. APPEAL - 367 HILL STREET (File No. 407)
At the request of the applicant,'moved by Ravpa /Pinard (4 -11 Councilman Reiss
absent) the public hearing to consider an appeal by Rob Strong of a Planning
Commission action to deny a use permit for a new house on a sensitive site at
367 Hill Street, was continued to date certain, September 4, 1990. Motion
carried.
6. APPEAL - 1314 PISMO STREET (File No. 407)
Council held a public hearing to consider an appeal by Don and Renee Wright of
an Architectural Review Commission action to deny final approval of a proposed
house at 1314 Pismo Street; Don and Renee Wright, applicants.
Arnold Jonas, Community Development Director, reviewed the agenda report with
the recommendation that Council, after considering public testimony, ARC
comments, and the staff report, adopt a resolution to uphold or deny the
appeal subject to the appropriate findings and conditions.
Randy Dettmer, representing the applicant, spoke in support of the appeal,
stating that it met all the requirements of an R -1 zone, and this, in fact,
was an R -2 zone. He provided a model and maps showing that it would not be
out of character with the neighborhood.
Don Wright, applicant, spoke in support of his appeal and read a letter into
the record from Gini Griffin also urging support.
Robert Lewin, neighbor, spoke in opposition to the appeal, felt that it was
encroaching too much on the creek, and should have a deeper setback. He also
had discrepancy with the square footage.
Eugene Miller, adjoining property owner, felt the house was too massive for
the lot.
Craig Smith, 890 Pacific Street, spoke in support of the project, felt that it
either met or exceeded all City requirements.
Evelyn Talmage, 1309 Pismo Street, provided a model different than the model
the applicant provided. She also felt the project was too large for the
proposed lot and too close to the creek.
Marls Schmidt, 1332 Pismo Street, felt the house was too big, and urged
® denial.
John French, 4360 Hollyhock, spoke in support.
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Tuesday, August 7, 1990 - 7:00 p.m.
Chuck Diehl, 1326 Pacific, was opposed.
Randy Dettmer made some clarifing comments.
Mayor Dunin declared the public hearing closed.
After discussion, moved by Raona /Pinard (3 -1 -1, Councilman Roalman voting no,
Councilman Reiss absent) Resolution No. 6851 adopted to upholing the appeal
subject to findings and conditions as recommended. Motion carried.
7. TENTATIVE MAP - 1815 SYDNEY STREET (File No. 410)
At the request of the applicant, moved by Rama /Pinard (4 -1, Councilman Reiss
absent) public hearing to consider a tentative map for Minor Subdivision
90 -127, creating two lots from one at 1815 Sydney Street, was continued to
date certain, Tuesday, September 4, 1990. Motion carried.
8. SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT JOINT COMMITTEE (File No. 1171)
Moved by Dunin /RaoDa (4 -1, Councilman Reiss absent) to appoint Councilwoman
Rappa and John Dunn, CAO, to represent the City as its reprentatives to a
proposed joint committee to discuss problems of mutual concern between the
City of San Luis Obispo, the County of San Luis Obispo, the City of Morro Bay
and the San Luis Coastal Unified School District. Motion carried.
9. MEMORIAL WALL - MARSH STREET PARKING STRUCTURE (File No. 533)
Council considered a proposal from the Downtown Business Improvement
Association to create an honorarium in the Marsh Street Parking Structure.
After brief discussion and upon general consensus, Council gave conceptual
approval to the proposal from the Downtown Business improvement Association to
create an honorarium in the Marsh Street Parking Structure.
Comm. 1 Ken Hamvian reminded Council that the state had extended the State
Water Project Environmental Impact Report review time, so the Council meeting
of Monday, August 13, 1990, was being rescheduled to Monday, August 27, 1990
at 7 :00 p.m.
Comm. 2 Councilwoman Pinard distributed two tapes to Councilmembers to
view concerning concepts of towns and planning.
Comm. 3 Councilman Roalman updated the Council regarding the selection of
the Architectural Design Firm of Arthur Erickson for the Performing Arts
Project.
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Tuesday, August 7, 1990
There being no further b,
adjourned the meeting at
APPROVED BY COUNCIL:
PV:nlo
ROLL CALL
Councilmembers
Page 9
- 7:00 p.m.
asiness to come before the City Council, Mayor Dunia
10:55 p.m. to Tuesday, August 24;1990 at 7 :00 p.m.
P4 Voges, 1 C}ity� k
M I N U T E S
ADJOURNED MEETING OF THE CITY COUNCIL
CITY OF SAN LUIS OBISPO
TUESDAY, AUGUST 14, 1990 - 7:00 P.M.
COUNCIL HEARING ROOM - CITY HALL - 990 PALM STREET
SAN LUIS OBISPO, CALIFORNIA
Present: Vice -Mayor Jerry Reiss, Councilmembers Peg Pinard, Penny
Rappa, Bill Roalman and Mayor Ron Dunin
Absent: None
City Staff
Present: Ken Hampian, Acting City Administrative Officer; Jeff
Jorgensen, City Attorney; Pam Voges, City Clerk; Arnold
Jonas, Community Development Director; Glen Matteson,
Associate Planner
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PUBLIC CON30M
P.C.1 Councilman Roalman requested that Mayor Dunin clarify his
statements to the editor of the Telegram- Tribune. He felt that the editorial
was inappropriate, and that the comments attributed to the Mayor, if true,
were unfair to the remainder of the Council, as it was a minority position.
Moved by Pinard /Raona (3 -2, Councilmembers Reiss and Dunin voting no) to add
to tonight's agenda that the Mayor comment as to what his priorities are.
Notion carried.
7:15 p.m., moved by Reiss / Dunin (4 -1, Councilwoman Pinard voting no) to.
declare a recess. Motion carried.
7:25 p.m., City Council reconvened, all Councilmembers present.
BUSINESS ITEMS
1. GENERAL PLAN LAND USE ELEMENT UPDATE (File No. 462)
Council continued its consideration of the General Plan Land Use Element